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Home My Public Portal AboutRegular Open Council - 24 Jun 2013 - PdfTOWN OF OLIVER REGULAR OPEN COUNCIL MONDAY, JUNE 24, 2013 AT 7:00 PM Council Chambers AGENDA Page A. CALL TO ORDER B. ADOPTION OF AGENDA 1. Adoption C. ADOPTION OF PRIOR MINUTES 5 - 10 1. Minutes of the June 10, 2013 Regular meeting D. BUSINESS ARISING OUT OF PRIOR MINUTES E. COMMITTEE REPORTS 11 - 13 1. Minutes of the June 10, 2013 Committee of the Whole meeting 2. Verbal report from the Chairperson of the June 24, 2013 Committee of the Whole meeting F. WATER MATTERS G. DEVELOPMENT PERMIT/VARIANCE HEARINGS H. BYLAWS 15 - 18 1. Municipal Ticketing Amendment Bylaw 1289.01 and Bylaw Notice Enforcement Amendment Bylaw 1321.01 - for adoption - bylaws attached 19 - 23 2. Cemetery Amendment Bylaw 1315.01 - for first, second and third reading - Deputy Corporate Officer's report attached 25 - 65 3. Official Community Plan Amendment Bylaw 1343 - Planning Consultant's report attached I. BUSINESS Regular Open Council of June 24, 2013 1. Presentation of the 2012 Annual Report - Annual Report previously distributed - Report available on Town of Oliver website www.oliver.ca 67 - 68 2. Award of Janitorial Contract - Corporate Officer's report attached 69 - 70 3. Rescind Bylaw Enforcement Appointment - Corporate Officer's report attached 71 - 72 4. Canada Post Subdivision Servicing - Municipal Manager's report attached J. CORRESPONDENCE 73 - 98 1. Correspondence Report - Corporate Officer's report attached K. REPORTS 1. Water Councillor Miller 2. Water Councillor Machial 3. Councillor Larson 4. Councillor Doerr 5. Councillor Mattes 6. Councillor Bennest 7. Mayor Hovanes L. UPCOMING MEETINGS 1. July 8, 2013 - 4:00 pm - Committee of the Whole Meeting July 8, 2013 - 6:00 - 7:00 pm - Public Open House (Bylaw 1343) - Council Chambers July 8, 2013 - 7:00pm - Public Hearing - Council Chambers July 8, 2013 - following Public Hearing - Regular Meeting July 22, 2013 - 4:00 pm - Committee of the Whole Meeting July 22, 2013 - 7:00 pm - Regular Meeting August 12, 2013 Meetings Cancelled August 26, 2013 - 4:00 pm - Committee of the Whole Meeting August 26, 2013 - 7:00 pm - Regular Meeting M. PUBLIC QUESTION PERIOD This is an opportunity for the audience to ask questions regarding matters discussed during the current meeting. Page 2 of 98 Regular Open Council of June 24, 2013 N. ADJOURNMENT 1. Adjournment Page 3 of 98 Page 4 of 98 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, JUNE 10, 2013 IN THE COUNCIL CHAMBER Present: Mayor Hovanes Councillors Doerr, Bennest, and Mattes Water Councillors Miller and Machial Regrets: Councillor Larson Staff: D. Svetlichny, Chief Financial Officer C. Cowan, Corporate Officer A CALL TO ORDER Mayor Hovanes called the meeting to order at 7:00 pm B ADOPTION OF AGENDA R-153/13 It was MOVED and SECONDED That the agenda be adopted as amended by adding: • Item D-1 Valley Wide Joint Purchase initiative for Fire Department Apparatus and Equipment update. CARRIED C ADOPTION OF PRIOR MINUTES C-1 Minutes of the May 27, 2013 Regular meeting R-154/13 It was MOVED and SECONDED That the minutes of the May 27, 2013 Regular meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES Late Item D-1 Valley Wide Joint Purchase initiative for Fire Department Apparatus and Equipment update Mr. Svetlichny provided an update to Council with respect to the conversation he had with the Fire Chief regarding the City of Penticton’s request. ITEM C. - 1. Page 5 of 98 Regular Open Minutes of June 10, 2013 Fire Chief Skaros will attend the June 24, 2013 Committee of the Whole meeting to address the request of the City of Penticton. E COMMITTEE REPORTS E-1 Minutes of the May 27, 2013 Committee of the Whole meeting R-155/13 It was MOVED and SECONDED That the minutes of the May 27, 2013 Committee of the Whole meeting be received. CARRIED E-2 Verbal Report from the Chairperson of the June 10, 2013 Committee of the Whole meeting Councillor Bennest gave a verbal report on the Committee of the Whole meeting held earlier in the day. F WATER MATTERS F-1 Flume 3 Rehabilitation Project - Recommendation of Award R-156/13 It was MOVED and SECONDED That Council awards the Flume 3 Rehabilitation Project Contract to Greyback Construction per their Tender of $240,395.40. CARRIED Water Councillor Miller vacated Council Chambers at 7:06 pm G DELEGATIONS & PETITIONS G-1 Oliver Ambassadors The Ambassadors gave an update to Council on activities and the new candidates were introduced, being: • Jasleen Sra, Cheryce Martine, Kelsey Launier, Rannan Chernoff, Caleb Gagnier and Jonathan Rothe G-2 Presentation by Stephanie Salsnek, Oliver Community Arts Council Ms. Salsnek provided an overview of Oliver Community Arts Council. Informed Council of the upcoming concerts in the park, being: • July 4 – Penticton Concert Band • July 11 – William Leggot • July 18 – The Cha-Cha-Laca Love Machine ITEM C. - 1. Page 6 of 98 Regular Open Minutes of June 10, 2013 • July 25 – Cindy Doucette & Mikie Spillett • August 3 – Canadian Tenor Michael Burgess • August 8 – Nankama Drum & Dance with Bobby Bovenzi • August 15 – Guys with Guitars (Jeremy Cook & Brian Highly) • August 22 – Jazz Out West H DEVELOPMENT PERMIT/VARIANCE HEARINGS H-1 Development Permit with Variances 2013-02 Owner: Mike Shybunka Address: 429 Hillcrest Avenue R-157/13 It was MOVED and SECONDED THAT Council approve Development Permit No. 2013-02 with variances in order to vary Section 28.7.2 by reducing the rear yard setback for an accessory building or structure from 6.0 metres to 0.6, as measured to the outermost projection, and Section 28.7.3 by reducing the interior side yard setback for an accessory building or structure from 3.0 metres to 0.6 metres, as measured to the outermost projection in the Service Commercial (CS1) Zone, under the Town of Oliver’s Zoning Bylaw 1330. CARRIED I BYLAWS I-1 Municipal Ticketing Amendment Bylaw 1289.01 and Bylaw Notice Enforcement Amendment Bylaw 1321.01 The Corporate Officer summarized her report R-158/13 It was MOVED and SECONDED That Municipal Ticketing Amendment Bylaw 1289.01 and Bylaw Notice Enforcement Amendment Bylaw 1321.01 be read a first, second and third time; and That adoption of Municipal Ticketing Amendment Bylaw 1289.01 and Bylaw Notice Enforcement Amendment Bylaw 1321.01 be scheduled for the regular meeting of Council to be held on June 24, 2013. CARRIED J BUSINESS J-1 Routine Release of Closed Resolutions The Corporate Officer summarized her report. ITEM C. - 1. Page 7 of 98 Regular Open Minutes of June 10, 2013 J-2 Redundant Policies The Corporate Officer summarized her report. R-159/13 It was MOVED and SECONDED That Council rescind the Sales of Surplus Assets Policy; and That Council rescinds the Document Retention Policy. CARRIED K CORRESPONDENCE K-1 Correspondence Report R-160/13 a) Letter dated June 5, 2013 from Helen Overnes, Oliver resident, re: Fairview and Similkameen Traffic Lights. It was MOVED and SECONDED That Council forward Ms. Overnes concerns onto the Director of Operations to be included in any future rebuild of the intersection. CARRIED R-161/13 a) Correspondence in the Council Reading File It was MOVED and SECONDED That the Council Reading File Correspondence be received CARRIED L REPORTS L-1 Building Permit Report for the month of May 2013 R-162/13 It was MOVED and SECONDED That the Building Permit report for the month of May 2013 be received CARRIED ITEM C. - 1. Page 8 of 98 Regular Open Minutes of June 10, 2013 L-2 Oliver Fire Department Report for the month of May 2013 R-163/13 It was MOVED and SECONDED That the Oliver Fire Department report for the month of May 2013 be received. CARRIED L-3 Councillor Bennest • Attended all scheduled meetings • FCM Conference in Vancouver L-4 Water Councillor Miller • No report L-5 Water Councillor Machial • Kabaddi Tournament • Meetings this afternoon L-7 Councillor Doerr • Kabaddi Tournament • Half Ironman Race • Re-opening of Museum • AAC meeting L-8 Councillor Mattes • CIBC Hotdog Day • AAC Meeting • Grand Opening of the Painted Chair • Re-opening of Museum L-9 Mayor Hovanes • Oliver Elementary School Marathon Challenge • Met with President of Food Bank • FCM in Vancouver • Youth Ambassador Interviews • AAC Meeting • RDOS Meeting • Announcement of the Premiers Executive Council • Re-opening of Museum ITEM C. - 1. Page 9 of 98 Regular Open Minutes of June 10, 2013 M UPCOMING MEETINGS June 24, 2013 - 4:00 pm - Committee of the Whole Meeting June 24, 2013 - 7:00 pm - Regular Meeting July 8, 2013 - 4:00 pm - Committee of the Whole Meeting July 8, 2013 - 7:00 pm - Regular Meeting July 22, 2013 - 4:00 pm - Committee of the Whole Meeting July 22, 2013 - 7:00 pm - Regular Meeting N PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. O ADJOURNMENT R-164/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 7:56 pm CERTIFIED AS CORRECT Mayor Corporate Officer ITEM C. - 1. Page 10 of 98 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, JUNE 10, 2013 IN THE COUNCIL CHAMBERS Present: Chairperson Bennest Mayor Hovanes Councillors Doerr and Mattes Water Councillors Miller and Machial Regrets: Councillor Larson Staff: D. Svetlichny, Chief Financial Officer / Acting Municipal Manager S. Goodsell, Director of Operations C. Cowan, Corporate Officer C. Garrish, Contract Planner A CALL TO ORDER Councillor Bennest called the meeting to order at 4:00 pm B ADOPTION OF AGENDA CW-70/13 It was MOVED and SECONDED That the agenda be adopted as amended by adding: • Review of Temporary Use Permit provisions; and Update of Development Permit Areas and Guidelines format (F-3) CARRIED C ADOPTION OF COMMITTEE MINUTES C-1 Minutes of the May 27, 2013 Committee of the Whole meeting CW-71/13 It was MOVED and SECONDED That the minutes of the May 27, 2013 Committee of the Whole meeting be adopted as circulated. CARRIED ITEM E. - 1. Page 11 of 98 Committee of the Whole meeting minutes of June 10, 2013 D BUSINESS ARISING OUT OF PRIOR MINUTES D-1 Chief Financial Officer requires clarification on the following resolution of council from May 27, 2013: E-3 Reallocation of Capital Spending CW-68/13 That the remainder of the $38,000 from the Hike & Bike trail project be left in the appropriate capital reserve with a notation to identify it as funds not to be spent without Council approval. CARRIED Council provided clarification to the Chief Financial Officer with respect to the capital reserve fund that the funds should be placed in. The Chief Financial Officer advised that he would create a new reserve fund specifically for these funds. E WATER MATTERS E-1 Flume 3 Rehabilitation Project The Director of Operations reviewed the submission from TRUE Consulting with Council and answered any questions that Council had with respect to the project. F BUSINESS F-1 Request from Chief Financial Officer for a discussion on outcome of Airport Committee meeting held on Wednesday, June 5, 2013 CW-72/13 It was MOVED and SECONDED That the Precision Approach Path Indicator (PAPI) system be paid for by way of a transfer from the Town’s airport reserve. CARRIED East side of airport sewage installation be brought forward to Budget discussions for 2014. F-2 Sunshine Festival Parade - Saturday, July 13, 2013 Council had a discussion with respect to participating in the parade. Staff will submit the application. ITEM E. - 1. Page 12 of 98 Committee of the Whole meeting minutes of June 10, 2013 F-3 Review of Temporary Use Permit provisions; and Update of Development Permit Areas and Guidelines format CW-73/13 It was MOVED and SECONDED THAT Council initiate Draft Bylaw 1343 Town of Oliver Official Community Plan Amendment Bylaw; AND THAT Council direct staff undertake community consultation in accordance with the requirements of Section 879 of the Local Government Act and the Town of Oliver Land Use Procedures Bylaw 1147, including the holding of a Public Open House prior to the Public Hearing; AND THAT Council postpone consideration of a Temporary Use Permit application at Lot A, Plan KAP90353, District Lot 2450S, SDYD (248 Co-op Avenue) until after adoption of Amendment Bylaw 1343; AND that staff be directed to investigate the status of existing Temporary Use Permits and how to rectify. CARRIED G PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the meeting. H ADJOURNMENT CW-74/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 4:27 pm CERTIFIED AS CORRECT Chairperson Corporate Officer ITEM E. - 1. Page 13 of 98 Page 14 of 98 TOWN OF OLIVER BYLAW 1289.01 A bylaw to amend the municipal ticketing bylaw 1289 Whereas the Council of the Town of Oliver have adopted Bylaw 1289 respect the enforce- ment of certain bylaws; and Whereas the Council of the Town of Oliver desires to amend Bylaw 1289; Now, Therefore the Council of the Town of Oliver, in open meeting assembled, enacts as follows: Citation 1. This bylaw may be cited for all purposes as “Municipal Ticketing Amendment Bylaw 1289.01.” Amendment 2. The Municipal Ticketing Bylaw 1289 is hereby amended as follows: a) By deleting Schedule 8 in its entirety and replacing it with Schedule 8 attached to and forming part of this bylaw. Read a first, second and third time on the 10th day of June, 2013. Adopted on the ____day of _______, ______. ______________________________ ______________________________ Mayor Corporate Officer W:\Legsltive and Regltry Services\Bylaws\Bylaws (by #)\Bylaw 1289.01 - Municipal Ticketing.doc ITEM H. - 1. Page 15 of 98 Municipal Ticketing Bylaw 1289.01 Page 2 SCHEDULE 8 Parks Bylaw 718 Column 1: OFFENCE Column 2: SECTION Column 3: FINE Take camping equipment into park 4 $50 Use or store camping equipment in park 4 $50 Fail to pay camping fee 5 $50 In park after hours 6 $50 On roof of building 7 $50 Unauthorized entry 8 $50 Vehicle off roadway 9 $50 Park off parking lot 10 $50 Overtime parking 11(a) $20 Park within 5 metres of hydrant 11(b) $25 Park against sign 11(c) $25 Disabled zone violation 11(d) $50 Unauthorized vending 12 $100 Damage park equipment 13 $100 Damage trees or plants 14 $150 Remove landscape material 15 $50 Litter in park 16 $50 Allow animal in park 17 $50 Feed animal in park 18 $25 Alcohol in park 19 $100 Offensive behaviour 20 $100 Obstruct enforcement officer 22 $200 Unauthorized alterations 26 $50 Civic Addressing Bylaw 1320 Column 1: OFFENCE Column 2: SECTION Column 3: FINE Numbers not securely affixed to exterior 5(1) $75 Failure to have only current numbers assigned posted 5(2) $75 Failure to comply with minimum size 5(3) $75 Numbers not contrasted to building background 5(4) $75 Numbers not visible from highway 5(5) $75 Street Sign – removal, misalignment, damage or defacing 6(1) $200 Street Address – removal, damage or defacing 6(2) $75 ITEM H. - 1. Page 16 of 98 TOWN OF OLIVER BYLAW 1321.01 A bylaw to amend Schedule ‘A’ of Bylaw Notice Enforcement Bylaw 1321 Whereas the Council of the Town of Oliver have adopted Bylaw 1321 respecting the enforcement of bylaw notices; and Whereas the Council of the Town of Oliver desires to amend Bylaw 1321; Now Therefore the Town of Oliver in open meeting assembled enacts as follows: Section 1 – Citation 1.1. This Bylaw shall be cited as the Bylaw Notice Enforcement Amendment Bylaw 1321.01. Section 2 – Amendment 2.1 The “Bylaw Notice Enforcement Bylaw 1321” is hereby amended as follows: a) By deleting Schedule ‘A’ Appendix 18 in its entirety and replacing it with Schedule ‘A’ Appendix 18 attached to and forming part of this bylaw. READ A FIRST, SECOND, AND THIRD TIME this 10th day of June, 2013. ADOPTED this _____ day of _____, ______. ________________________________ ___________________________________ Mayor Corporate Officer ITEM H. - 1. Page 17 of 98 Bylaw 1321.01 Page 2 SCHEDULE A Appendix 18 to Schedule A Civic Addressing Bylaw 1320 Column 1 Offence Column 2 Section Column 3 Fine Column 4 Early Payment Penalty Column 5 Late Payment Penalty Column 6 Compliance Agreement Available Maximum 50% reduction in Penalty Amount when Compliance Agreement shown as YES Numbers not securely affixed to exterior 5(1) $75.00 $56.25 $82.50 Yes Failure to have only current numbers assigned posted 5(2) $75.00 $56.25 $82.50 Yes Failure to comply with minimum size 5(3) $75.00 $56.25 $82.50 Yes Numbers not contrasted to building background 5(4) $75.00 $56.25 $82.50 Yes Numbers not visible from highway 5(5) $75.00 $56.25 $82.50 Yes Street Sign – removal, misalignment, damage or defacing 6(1) $200.00 $150.00 $220.00 No Street Address – removal, damage or defacing 6(2) $75.00 $56.25 $82.50 Yes ITEM H. - 1. Page 18 of 98 ITEM H. - 2. Page 19 of 98 ITEM H. - 2. Page 20 of 98 ITEM H. - 2. Page 21 of 98 ITEM H. - 2. Page 22 of 98 ITEM H. - 2. 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