Minutes Regular Council Meeting

Minutes Regular Council Meeting 10150 Bottom Wood Lake Road Lake Country, British Columbia V4V 2M1 Ph: 250-766-5650 Fax: 250-766-0116 Date: Tuesday, ...
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Minutes Regular Council Meeting 10150 Bottom Wood Lake Road Lake Country, British Columbia V4V 2M1 Ph: 250-766-5650 Fax: 250-766-0116 Date:

Tuesday, April 5, 2016

Time:

Immediately Following the Public Hearing

Place:

Council Chambers, Municipal Hall

Council Present:

Mayor James Baker Councillor Owen Dickie Councillor Penny Gambell Councillor Rob Geier Councillor Blair Ireland Councillor Bill Scarrow Councillor Matt Vader

Council Absent:

None

Staff Present:

Mark Koch, Director of Community Services/Acting CAO Greg Buchholz, Director of Infrastructure Services Reyna Seabrook, Corporate Services Manager Ken Bjorgaard, Interim Chief Financial Officer Holly Flinkman, Human Resources and Safety Manager Jamie McEwan, Community Development Manager

The Mayor called the meeting to order at 8:10 p.m. 1)

Adoption of Regular Council Meeting Agenda of April 5, 2016

It was moved and seconded 16.04.077 THAT the Regular Council Meeting Agenda of April 5, 2016 be adopted with the following amendment: Relocate Item 7 i) Delegation from Tourism Kelowna to directly following item 5) Public Comment. Carried. 2)

Legislative Services i)

Adoption of Minutes and Reports a) Special Council Meeting Minutes of March 3, 2016 It was moved and seconded 16.04.078 THAT the Special Council Meeting Minutes of March 3, 2016 be adopted. Carried.

Regular Council Meeting Minutes – April 5, 2016 b)

Regular Council Meeting Minutes of March 15, 2016

It was moved and seconded 16.04.079 THAT the Regular Council Meeting Minutes of March 15, 2016 be adopted. Carried. ii)

Business Arising from Minutes -tabled or unfinished

iii)

Mayor's Report a)

3)

Regional District of Central Okanagan Board Reports of March 21 and 31, 2016

Announcement(s) i)

Last Income Tax Clinic April 11

The Acting CAO introduced Ken Bjorgaard, the interim Chief Financial Officer. 4)

Public and Statutory Hearings/Third Readings and/or Adoption of Bylaws After a Statutory Hearing

5)

Public Comment (15 minutes)

7)

Delegations and Petitions i)

6)

Tourism Kelowna - 2016 Update From: Nancy Cameron, President & CEO

Development Services i)

Soil Removal Permit SR2016-001 and Temporary Use Permit TP2016-003 (Russo) The fractional East 1/2 of Sec 23, Twp 14, ODYD, Except various plans - see report; 17800 Rawsthorne Road; Roll: 2035.002 (Please see Agenda Package for all correspondence received in relation to this item)

The Mayor asked if there were any comments from the gallery. Layton Thomas, Kal Pine Estates Mr. Thomas did not hear Kal Pine Estates mentioned in the presentation and expressed that people in the Kal Pine neighbourhood live within 300 yards of the monstrosity of a gravel pit. He noted that the residents of Kal Pine were told, when the pit first went in, it would only be permitted for 5 years and would then be reclaimed and developed similar to Kal Pine. He expressed concerns that the pit was still running over that time frame, it is in contravention of a permit and asked that the District put a stop work order on the operation. He also noted the negative impacts of gravel pits on tourism. Jim Kean, Kal Pine Estates Mr. Kean stated that the community of Kal Pine has been battling against this gravel pit since 2007. Residents were promised it would not hamper their lifestyle and the pit has been a nuisance since it began. Dust control has not been taken care for the past 2 to 3 years and is S:\CorpServices\AGENDAS AND MINUTES\2016\Council\Minutes\2016-04-05 DRAFT.docx

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Regular Council Meeting Minutes – April 5, 2016 so bad that residents cannot open windows. The original permit sets out the requirement for site reclamation within 2 years which has not been done. The permit also states that no materials will be brought onto the site, which happens regularly. The contractor is way over the amount of soil allowed in the permit. Recognizing the provincial oversight of the permits, he requested that the District put something in place to ensure that the operators comply with District bylaws and enforce follow up to ensure they are complying with requirements. Mr. Kean does not have a problem with screening on the site but the noise from a rock crusher is unacceptable. The residents are not prepared to have the gravel pit devalue their homes, to listen to the continuous noise or deal with the dust. He requested that Council please consider Kal Pine Estates residents’ concerns. Mario Russo, Owner Mr. Russo advised Council there has never been a rock crusher on the site. A power screener and rock hammer have been used and additional material has been hauled in occasionally. He noted the application is consistent with the other gravel pits in Lake Country and the amount of extraction has not exceeded the allowable amount. In regards to reclamation, Mr. Russo indicated that almost 40% of reclamation has been completed. Drainage is dealt with onsite by using French drains, moving water, a pond and releasing overflow water. He is unaware of any requirements that the pit cease operations after 5 years. He noted that reclamation cannot occur until the extraction is complete or it will contaminate the material. In response to questions regarding dust control he noted that he is investigating a longer term solution using recycled asphalt to mitigate dust or alternatively magnesium chloride. He requested that all pit operators be treated equal. Councillor Gambell left the meeting at 9:25 p.m. It was moved and seconded 16.04.080 THAT consideration of Soil Removal Permit SR2016-001 and Temporary Use Permit TP2016-003 (Russo), to facilitate the removal of existing stockpiled material only, be postponed until such a time when the applicant: • has provided the volume of presently extracted, stockpiled materials (in m3) on the fractional East 1/2 of Section 23, Township 14, O.D.Y.D., (Except Plans A405 7615 DD 2079D 10071 11292 11812 12978 13041 39390 39753 and H823); and  a detailed dust suppression plan; AND THAT the issue of gravel supply be reviewed in the upcoming Official Community Plan update; AND FURTHER THAT staff be directed to review the Soil Regulation Bylaw, taking into consideration:  the provision for an independent verification of the area remediated to date;  the requirement for a drainage management plan; Carried. Layton Thomas, Kal Pine Estates Mr. Thomas indicated that the bonding amount held for reclamation is insufficient to cover costs and suggested a $200,000 bond.

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Regular Council Meeting Minutes – April 5, 2016 ii)

Development Permit with Variance DP2015-033 and Development Variance Permit DVP2015-025 (Kalman) Lot 3, Sec 12, Twp 14, ODYD, KAP66361; 15738 Greenhow Road; Roll: 1916.238 The Mayor asked if there were any comments from Council. There were none. It was moved and seconded 16.04.081 THAT Development Permit with a Variance DP2015-033 and Development Variance Permit DVP2015-025 for 15738 Greenhow Road, legally described as Lot 3, Section 12, Township 14, ODYD, KAP66361, for the development of a swimming pool be approved subject to the conditions of the permit; AND THAT prior to issuance the septic system be decommissioned and the property be connected to the municipal sewer system; AND THAT prior to issuance the applicant provide proof to the District, acceptable to the Director of Community Services, that the pool will not be constructed within the Right of Way to the rear of the property; AND FURTHER THAT prior to issuance District receive a security deposit in the amount of $5,767.00. Carried. iii)

Development Permit DP2015-039 (0943783 BC Ltd) Lot 7, Sec 21, Twp 20, ODYD, Plan 4213, Except Plan 42453; 2290 Goldie Road; Roll: 2773.000

Adrian Baker In response to questions from Council, Mr. Baker noted the satellite operation is removed from the main site and is strategic with brand orientation. It was moved and seconded 16.04.082 THAT Development Permit DP2015-039 for 2290 Goldie Road legally described as Lot 7, Section 21, Township 20, ODYD, Plan 4213, Except Plan 42453 for the development of a winery and tasting room be approved subject to the conditions of the permit; AND THAT prior to issuance District receive a security deposit in the amount of $46,908.00. Carried. iv)

Agricultural Land Reserve ALR2015-004 (Waldemar) Lot 4, Sec 22, Twp 20, ODYD, Plan KAP444; 11911 Okanagan Centre Road East; Roll: 2810.000 (Please see Agenda Package for all correspondence received in relation to this item)

It was moved and seconded 16.04.083 THAT Agricultural Land Reserve ALR2015-004 (Waldemar), for the hosting of weddings and events on the wooded 3,900 m2 portion of Lot 4, Section 22, Township 20, ODYD, Plan KAP444, be supported and forwarded to the Agricultural Land Commission with the following conditions: • events are limited to a maximum of 50 people; • events may occur only between May 15 and September 15; S:\CorpServices\AGENDAS AND MINUTES\2016\Council\Minutes\2016-04-05 DRAFT.docx

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Regular Council Meeting Minutes – April 5, 2016 • •

hours of operation are limited to between 10:00 AM and 10:00 PM; the north driveway shall be upgraded to the satisfaction of the Director of Protective Services and the Roads Superintendent. The driveway along the south property line shall be decommissioned; • a parking area for a minimum of 3 vehicles, be located outside of the agricultural production area, near the event site for deliveries, the bridal party and guests with physical challenges; • a parking area suitable to accommodate 17 vehicles shall be provided on the north west portion of the site (near Okanagan Centre Road East) near the north driveway, and; • the remaining area between the existing orchard and the west property line shall be brought back to an agricultural use by 2018 AND THAT a letter be sent to the Agricultural Land Commission asking for clarification on their position on outdoor events/weddings and special events. Carried. 8)

Administration

9)

Human Resources

10)

Corporate Services i)

Southern Interior Local Government Association (SILGA) Resolution - BC Bus Pass Program

It was moved and seconded 16.04.084 THAT the resolution entitled “BC Bus Pass Program”, attached to the report from the Corporate Services Manager dated April 5, 2016, be forwarded to the Southern Interior Local Government Association (SILGA) 2016 Annual General Meeting for deliberation and endorsement. Carried. ii)

Council Remuneration and Expenses Policy 00.02.046 Amendment

It was moved and seconded 16.04.085 That Council Remuneration and Expenses Policy 00.02.046 be amended by deleting Section 2(e)(ii) in its entirety and replacing it with the following: (ii) A per diem rate of $85 per day without receipts will be paid to exempt staff and council members to cover all meals, gratuities, dry cleaning, personal telephone calls, and other miscellaneous costs to attend an event exceeding one day or a one day event requiring overnight travel. Carried. 11)

Finance

12)

Protective Services

13)

Parks and Recreation

14)

Engineering

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Regular Council Meeting Minutes – April 5, 2016

i)

ITEM RESCHEDULED TO APRIL 19, 2016 Eldorado Treated Water Reservoir & Glenmore Booster Station Grant Application

15)

Correspondence

16)

Reports/Minutes - District Committees/Commissions

17)

Reports/Minutes - Outside Committees/Commissions i)

18)

Other i)

19)

Board of Education Meeting Highlights of March 9, 2016

Strategic Priorities - December 2015

Councillor Items

Councillor Scarrow announced he will be attending the COHAC Meeting in Kelowna tomorrow at 10 a.m. and securing a seat on the regional committee to address handyDART issues. Councillor Geier announced April is Community Clean Up Month and encouraged everyone to get out there and pick up some garbage. Councillor Ireland announced that Okanagan Centre Hall Community Clean Up is being held Saturday morning, April 9th so show up with a rake or shovel and there will be free pancakes for those that help. He also announced that his son Ned was fifth in the Canadian National Ski Championships and won the overall Nor-Am (North American) title for the year. Councillor Dickie announced that the Oyama Community Hall Clean Up will be held on April 17th between 11 am and 1 p.m. Garage bags and children’s actives will be available. 20)

Adjournment

The Mayor adjourned the meeting at 10:20 p.m.

Mayor James Baker

Reyna Seabrook, Corporate Officer

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