District of Summerland
REGULAR COUNCIL MEETING AGENDA
November 26, 2007 - 7:00 p.m. Council Chambers Municipal Hall, 13211 Henry Ave. Summerland, BC
Page
1. Adoption of Minutes 5-12 1.1 Adoption of the Minutes of the Regular Meeting of November 13, 2007 Recommendation: THAT the minutes of the Regular Meeting of November 13, 2007 be adopted.
2. Resolution to Amend the Agenda
3. Public Hearing 13 3.1 Bylaw 2000-299 - Zoning Bylaw Amendment - To Exempt A-2 Zoned Subdivisions for the Primary Purpose of Acquiring Road Right-Of-Way from the Minimum Lot Size Provisions. Mayor Gregory to ask for comments from the public.
4. Bylaws Considered After Public Hearing 4.1 Bylaw 2000-299 - Amend Zoning Bylaw to Exempt A-2 Zoned Subdivisions for the Primary Purpose of Acquiring Road Right-Of-Way from the Minimum Lot Size Provisions. Recommendation: THAT Bylaw 2000-299 be read a second and third time.
5. Delegations
6. Mayor's Report
7. CAO's Report
Page 1 of 36 Page
8. Unfinished Business
9. Correspondence
10. Development Services Department Reports 14-18 10.1 OCP and Rezoning - 9505 Gilman Road (I., M., & A. Holler) to rezone the property to permit a subdivision. (see also Bylaw 2000-308) Recommendation: THAT the application to amend the Official Community Plan for 9505 Gilman Road (Lot 1, DL 2196, ODYD, Plan 38422) from F-Farming to RR-Rural Residential and to amend the Zoning from A1-Agriculture to CR1 - Country Residential be denied.
11. Staff and Other Reports 11.1 Recommendations from the Committee of the Whole Meeting
19 11.2 No Smoking Policy Recommendation: THAT the No Smoking Policy as outlined in the Director of Engineering and Public Works memo of October 30, 2007 be adopted.
12. New Business 20-22 12.1 Early Budget Approval - Fire Department Pagers and Turnout Gear Recommendation: THAT Council approve the early request by the Fire Department for new pagers and turnout gear in the amount of $25,674 with funding to come from the Fire Department Capital Reserve.
23-30 12.2 Report from the Corporate Officer re Mobile Business License Initiative - Okanagan-Similkameen Pilot Project (Bylaw 2000-307) - Report to be circulated late Recommendation: THAT Council give three readings to Mobile Business License Bylaw No. 2000-307.
13. Bylaws 13.1 Bylaw 2000-278 Text Amendment of the Zoning Bylaw to Require a Minimum 1 ha (2.47 acre) Lot Size for Residential Lots not Connected to the Sewer System
Page 2 of 36 Page
13. Bylaws Recommendation: THAT bylaw 2000-278 be read a third time.
13.2 Bylaw 2000-286 - Amendment of the Municipal Ticket Information Bylaw to Impose a $50 Fine for Skateboarding in Giants Head Park Recommendation: THAT Bylaw 2000-286 be read a third time.
13.3 Bylaw 2000-300 - Sanitary Sewer Buy-In Charge - $4,845.00 Recommendation: THAT Bylaw 200-300 be adopted.
31 13.4 Bylaw 2000-301 - OCP and Rezoning, 9009 Gilman Rd. (N. & K. Niskakoski) to permit a three lot subdivision OCP Amendment requires a majority of full Council - 4 Public Hearing December 10, 2007 Recommendation: THAT Bylaw 2000-301 be read a first time.
13.5 Bylaw 2000-302 - Amendment of Fees and Charges Bylaw 2000-302 - 5% Electrical Rate Increase for 2008 Recommendation: THAT Bylaw 2000-302 be adopted.
13.6 Bylaw 2000-303 - Additional Water Parcel Tax ($100.00) Recommendation: THAT Bylaw No. 2000-303 be adopted.
32-33 13.7 Bylaw 2000-304 - Land Sale Reserve Fund Expenditure - Pineo Ct. Recommendation: THAT Bylaw 2000-304 be read a first, second and third time.
34-35 13.8 Bylaw 2000-305 - Capital Works Reserve Expenditure - Thirsk Dam Expansion Project Recommendation: THAT Bylaw 2000-305 be read a first, second and third time.
36 13.9 Bylaw 2000-308, OCP & Zoning Bylaw, 9505 Gilman Road (I., M., & A. Holler) to rezone the property to permit a subdivision OCP Amendment Requires a Majority of Council - 4
Page 3 of 36 Page
13. Bylaws Public Hearing Scheduled for December 10, 2007 Recommendation: THAT Bylaw 2000-308 be read a first time.
14. Councillor's Report 14.1 Councillor Reports (to include meetings attended since last Council meeting either in capacity as department liaison or Council's representative)
15. Adjourn
16. Public Question Period
Page 4 of 36 1 Regular Council November 13, 2007
The Regular Meeting of the Municipal Council of the District of Summerland was held in the Council Chamber, 13211 Henry Ave., Summerland, B.C. on November, 13, 2007 at 7:00 p.m.
Council members in attendance were: Mayor D. Gregory, Councillors D. Finnis, J. Perrino, K. Roberge, and P. Waterman.
Council members absent: Councillors L. Bennest and B. Hallquist.
Staff members in attendance were: Chief Administrative Officer D. DeGagne, Corporate Officer G. Matthews, Director of Finance K. Ostraat, Director of Development Services G. Morley*, Director of Engineering and Public Works D. Darling* and Senior Engineering Technician B. Voss*.
(* denotes partial attendance)
Mayor Gregory called the meeting to order at 7:00 p.m.
1. ADOPTION OF MINUTES
Moved by Councillor Perrino, Seconded by Councillor Finnis,
THAT the minutes of the Regular Meeting on October 22, 2007 be adopted.
Carried.
2. RESOLUTION TO AMEND THE AGENDA
There were no amendments to the agenda.
3. PUBLIC HEARING – BYLAW 2000-298 – OCP AND ZONING AMENDMENT, 11801 SINCLAIR RD.
The Corporate Officer outlined the purpose of this public hearing and circulated a late letter received from A. Milne of Simpson Rd. expressing opposition to the development. The Director of Development Services outlined his report noting that the proposed 6 lot subdivision is a slight density increase above the existing zoning. Access is to be provided via Sinclair Road via a shared access agreement.
Mayor Gregory asked for comments from the public.
W. Cybak of Parkdale Housing Society, owners of a neighbouring property advised they oppose the proposed development as they are using the shared access easement which their lawyer suggests is placing additional burdens on Parkdale Housing. It is their opinion that the easement was for only one access and allowing six lots to use the access increases the burden on their society. He suggested the easement should only be used for one access and that the development should place the access road on their own property. Mr. Cybak suggested that when they purchased the property there was no indication that the access would be used for anything other than one home and that
Page 5 of 36 1.1 Adoption of the Minutes of the Regular Meeting of November 1... 2 Regular Council November 13, 2007
additional use creates a hazard to the seniors of their complex and creates additional maintenance issues due to the increased traffic.
G. Gianotti, consultant advised he represents the owners, advising their solicitor has checked the easement agreement and has indicated it provides for mutual use by both parties. He suggested the previous owner of the Parkdale property had no concerns with their use of the easement for additional lots.
As there were no further comments from the public, the public hearing terminated at 7:12 p.m.
4. BYLAW 2000-298 – OCP AND ZONING AMENDMENT, 11801 SINCLAIR RD.
Members of Council asked that they receive further information on the status and access rights on the easement between the subject property and the Parkdale Housing property before they consider the bylaw further.
Moved by Councillor Perrino, Seconded by Councillor Waterman,
THAT further readings of Bylaw 2000-298 be deferred until staff provides Council with additional information on the easement and access rights between this property and the Parkdale Housing property. Carried.
5. OKANAGAN PARTNERSHIP – DRAFT SUMMARY REPORT ‘OUR OKANAGAN’
Brad Clements of the Okanagan Partnership presented a brief summary of their report, noting that there is need for the Okanagan to make effective long term planning decisions to protect the desirability of the Okanagan. He suggested that even when allowing for an annual 1.2% growth rate, making choices such as more compact growth, promotion of alternative transportation, air pollution improvements, and improved water and waste management will maintain desirability of the Okanagan.
6. MAYOR’S REPORT
Mayor Gregory reviewed a number of events he had attended in the last three weeks. He confirmed meetings have been held with the City of Penticton regarding transit improvements. Mayor Gregory outlined some of the history with respect to our unsuccessful infrastructure grant application and our lake water license.
Mayor Gregory responded to a recent Herald editorial regarding the Summerland Hills Golf Resort negotiations and the need for Council to be involved in the negotiations. He noted that Council has reviewed the servicing requirements and made a further offer to the developers but has not heard back from them.
7. CAO’S REPORT
The CAO reviewed the Bylaw Services report from June-August 2007. Members of
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Council expressed concern that 108 businesses had not paid for their business licenses as of June 1st and asked that the Bylaw Enforcement Officer attend a future Committee of the Whole meeting to discuss the reasons why there are so many delinquent licenses.
Moved by Councillor Roberge, Seconded by Councillor Finnis,
THAT the Bylaw Enforcement Officer be asked to attend Council’s next Committee of the Whole meeting to discuss the number and status of the unpaid 2007 Business Licenses. Carried.
The CAO advised that Christmas Eve falls on a Monday this year and as offices normally close early, staff would be asked to come in after the weekend for a half day of work. As happened in 2001, he is recommending the office be closed for the day, and that affected employees take a day’s vacation or banked time to cover this time. Essential services would not be affected.
Moved by Councillor Roberge, Seconded by Councillor Waterman,
THAT the Municipal Offices be closed on December 24, 2007;
AND THAT staff affected by this closure be asked to take a vacation day or banked time for this day. Carried.
8. LIABILITY ISSUES OF ALLOWING LONGBOARDING IN GIANTS HEAD PARK
The CAO advised that the Municipal Insurance Agency has advised of a number of concerns if the District is to allow unrestricted longboarding in Giants Head Park. He suggested that insurance for high risk events such as this is expensive and that even sanctioned events involve municipal costs for signage, closure of the park, etc.
Some members of Council suggested that bicycles can also be a hazard in this park and allowing only sanctioned events does not allow practice time for individuals involved in the sport. There was general discussion about the liability of skateboarding on municipal streets and the risks of choosing not to ban skateboarding in the park.
Moved by Councillor Roberge, Seconded by Councillor Perrino,
THAT longboard skateboarding activities be prohibited in Giants Head Park unless such activity is a sanctioned event under the supervision of the Parks and Recreation Department. Carried. Councillor Waterman opposed.
A member of Council suggested that the District should encourage the creation of a sanctioned event for this sport.
9. OCP AND REZONING – 9009 GILMAN RD. (N. & K. NISKAKOSKI) TO REZONE THE PROPERTY TO PERMIT A THREE LOT SUBDIVISION
The Director of Planning reviewed his report, noting that these lands are not in the ALR
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and currently house two dwellings. Because of the proximity to the ALR, staff are recommending buffering adjacent to the reserve be a condition of the rezoning. The Director advised that passing the excess/extended service resolution for the road upgrading will allow a latecomer agreement so that the owners can recoup some of their costs.
Moved by Councillor Roberge, Seconded by Councillor Perrino,
THAT staff be authorized to prepare an Official Community Plan Bylaw Amendment to change the future land use designation of 9009 Gilman Rd. (Lot A, DL 2196, ODYD, Plan 23144) from F-Farmland to RR-Rural Residential;
AND THAT staff be authorized to prepare a Zoning Bylaw Amendment to rezone 9009 Gilman Rd. (Lot A, DL 2196, ODYD, Plan 23144) from A1-Agriculture to CR1-Country Residential;
AND THAT Council pass an Excess or Extended Services resolution to require: • The improvement of Gilman Rd. to a 7.2m width including gravel base, asphalt and drainage provisions; and • The construction of a cul-de-sac at the end of Gilman Rd. as a condition of subdivision of the property;
AND FURTHER THAT adoption of the bylaw be considered following registration of a restrictive covenant prohibiting subdivision of the property unless a 4.5m vegetative buffer along the western property boundary has been installed and will be maintained in perpetuity. Carried. Councillors Finnis and Waterman opposed.
10. ROSEDALE AVENUE AND PRAIRIE VALLEY ROAD UPGRADE
The Senior Engineering Technician reviewed the proposed designs for Rosedale Avenue between Highway 97 and Prairie Valley Road, and Prairie Valley Road between Rosedale and Highway 97 with the aid of a PowerPoint presentation. He noted that Council has previously endorsed the roundabout at Prairie Valley Road and Rosedale Ave.
He compared two and three lane designs for Prairie Valley Road, noting the two lane option, with left turn lanes as needed, is preferred. This option will also allow for bus stops off the travelled roadway, sidewalks on both sides, and a landscaped center median and boulevards. It was noted that the center median will restrict access to individual properties but that the roundabout at Prairie Valley and Rosedale will allow for safe turns to access affected properties.
The Rosedale Avenue upgrading will include right-in and right-out access to Turner Street which reduces access to the highway from this area.
There was general discussion about the proposal, with some members suggesting more public comment is required while others felt there is a need to at least get estimates for the work for budget purposes.
Moved by Councillor Roberge, Seconded by Councillor Waterman,
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THAT the Boulevard Transportation Group Design Brief of the Prairie Valley Road and Rosedale Avenue preliminary design be approved in principle;
AND THAT staff bring forward estimates for the design and construction of Prairie Valley Road and Rosedale Avenue for 2008 budget consideration.
Carried. Mayor Gregory opposed.
Staff confirmed that they will attempt to have a version of the presentation placed on the municipal website for comment as soon as possible.
11. BYLAW 2000-300 - SANITARY SEWER BUY-IN CHARGE
The Director of Finance reviewed his report noting that new information on the costs of expansion of the sewage treatment plant has been received and that these new costs should be reflected in the buy-in fee that properties outside the specified area are required to pay to be included in the sewer area.
Some members of Council suggested a $1,200 increase per lot is excessive and they want comparisons with other communities, while others suggested current users are already paying similar fees through their annual sewer parcel tax.
Moved by Councillor Finnis, Seconded by Councillor Waterman,
THAT Bylaw 2000-300 be read a first, second and third time.
Carried. Mayor Gregory and Councillor Perrino opposed.
12. BYLAW 2000-303 – ADDITIONAL WATER PARCEL TAX BYLAW
The Director of Finance reviewed his report, noting that as the Thirsk Dam Expansion is now complete, the District needs to borrow another $6 million. He is recommending an additional $100 parcel tax for a total water parcel tax of $285.00
Moved by Councillor Waterman, Seconded by Councillor Roberge,
THAT Bylaw 2000-303 be read a first, second and third time.
Carried.
13. BYLAW 2000-302 - ELECTRICAL RATE INCREASE FOR 2008
The Director of Finance reviewed his report noting that FortisBC has applied to the BC Utilities Commission for a 3.7% increase. Due to anticipated higher labour costs and material costs in 2008 he is recommending a 5% increase effective with the January billings.
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Some members suggested there are additional labour and materials costs built into the FortisBC increase and that there is no need for us to increase our rates more than 3.7%.
Moved by Councillor Roberge, Seconded by Councillor Waterman,
THAT Bylaw 2000-302 be read a first, second and third time.
Carried. Mayor Gregory and Councillor Perrino opposed.
14. BYLAW 2000-278 – TEXT AMENDMENT OF THE ZONING BYLAW TO REQUIRE A MINIMUM 1 HA (2.47 ACRE) LOT SIZE FOR RESIDENTIAL LOTS NOT CONNECTED TO THE SEWER SYSTEM
The Mayor reminded the public that Council is proposing adoption of this bylaw by the end of the year and that subdivision applications made prior to adoption of the bylaw are exempt from this new lot size. Members of Council asked that staff do additional advertising to ensure those affected are aware of this pending change.
Moved by Councillor Perrino, Seconded by Councillor Waterman,
THAT Bylaw 2000-278 be read a second time. Carried.
15. BYLAW 2000-285 – AMENDMENT OF THE PARKS BYLAW TO PROHIBIT SKATEBORDING IN GIANTS HEAD PARK
Moved by Councillor Roberge, Seconded by Councillor Perrino,
THAT Bylaw 2000-285 be adopted. Carried. Councillor Waterman opposed.
16. BYLAW 2000-286 – AMENDMENT OF THE MUNICIPAL TICKET INFORMATION BYLAW TO IMPOSE A FINE FOR SKATEBOARDING IN GIANTS HEAD PARK
A member of Council asked if the $500.00 fine is fair and equitable when compared to other municipal fine amounts. The CAO suggested a significant fine is required if Council wishes to deter the activity in the park and that a negligible fine will make enforcement difficult.
There was general discussion on liability issues, with the CAO recommending that since Council is aware of the hazardous activity taking place in the park, Council ban the activity.
Some members suggested the $500 fine is not consistent with other fines in the District and that they prefer the fine be lowered.
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Moved by Councillor Roberge, Seconded by Councillor Finnis,
THAT third reading of Bylaw 2000-286 be rescinded;
AND THAT Bylaw 2000-286 be amended to provide for a $50.00 fine for violation of the prohibition on skateboarding in Giants Head Park.
Carried. Councillors Perrino and Waterman opposed.
17. BYLAW 2000-296 - AMENDMENT OF THE SUMMERLAND LANDFILL REGULATIONS TO DEFINE AGRICULTURAL, PLASTICS AND TREE STUMPS
Moved by Councillor Finnis, Seconded by Councillor Perrino,
THAT Bylaw 2000-296 be adopted. Carried.
18. BYLAW 2000-297 – AMENDMENT OF THE FEES AND CHARGES BYLAW TO WAIVE FEES FOR AGRICULTURAL PLASTICS AND AGRICULTURAL TREE STUMPS
Members of Council suggested this change in the disposal of these wastes will enhance air quality and staff should include this information in the next newsletter.
Moved by Councillor Finnis, Seconded by Councillor Perrino,
THAT Bylaw 2000-297 be adopted. Carried.
19. BYLAW 2000-299 – AMENDMENT OF THE ZONING BYLAW TO EXEMPT A-2 ZONED SUBDIVISIONS FOR THE PRIMARY PURPOSE OF ACQUIRING ROAD RIGHT-OF-WAY FROM THE MINIMUM LOT SIZE PROVISIONS
Moved by Councillor Roberge, Seconded by Councillor Perrino,
THAT Bylaw 2000-299 be read a first time. Carried.
20. BYLAW 2000-301 – OCP AND REZONING, 9009 GILMAN ROAD (N. & K. NISKAKOSKI) TO PERMIT A THREE LOT SUBDIVISION
The Corporate Officer noted that the report on this bylaw was discussed earlier in the meeting and that two members of Council indicated non-support of proceeding to a public hearing. As this is an Official Community Plan amendment requiring the support of a majority of the full Council, and there are only three members of Council at the table
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in support of the bylaw, she recommended Council defer consideration of the bylaw to a future meeting when all of Council is present.
Moved by Councillor Perrino, Seconded by Councillor Roberge,
THAT consideration of First Reading of Bylaw 2000-301 be deferred until all Council can be present. Carried.
21. COUNCILLORS’ REPORTS
Councillor Finnis reminded the public of the upcoming Festival of Lights on November 23rd, and the Open House on the Wharton Street Development on November 27th.
Councillor Perrino congratulated the Legion for the Remembrance Day Ceremonies and those involved in the successful digital mammography campaign.
Councillor Roberge noted it was good to see neighbours helping neighbours during the November 12th windstorm.
22. TERMINATION
The meeting terminated at 9:40 p.m.
Certified Correct:
______Mayor Corporate Officer
/gdm
Page 12 of 36 1.1 Adoption of the Minutes of the Regular Meeting of November 1...
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Municipal Council will hold a Public Hearing to hear representations of interested persons who deem their interest in property affected by the below mentioned amendments to District of Summerland Zoning Bylaw No. 99.001 at 7:00 p.m. on Monday, November 26, 2007 in the Council Chambers of the Municipal Office, 13211 Henry Avenue, Summerland, B.C.:
(a) Bylaw Number 2000-299
Purpose: To amend the text of Zoning Bylaw No. 99-001 to exempt A-2 zoned subdivisions for the primary purpose of acquiring road right- of-way from the minimum lot size provisions.
Example - If the District wishes to acquire road right-of-way in the A-2 Agriculture Zone for subdivision, then the minimum lot size (20 acres) provision would be exempt.
Inquiries relative to the above proposed bylaw should be directed to the Municipal Office, 13211 Henry Avenue, Summerland, B.C. Copies of the bylaws and related correspondence are available for inspection at the Municipal Office during normal business hours (9:00 a.m. to 4:00 p.m.), Monday to Friday inclusive (excluding Statutory Holidays), up to and including November 26, 2007.
Council will receive no representation after the conclusion of the Public Hearing.
Gillian D. Matthews Corporate Officer
Page 13 of 36 3.1 Bylaw 2000-299 - Zoning Bylaw Amendment - To Exempt A-2 Zone... THE CORPORATION OF THE DISTRICT OF SUMMERLAND REPORT
Date: November 20, 2007 To: Mayor and Council From: Gordon Morley, Director of Development Services Subject: Zoning Amendment Application LOT 1, DL 2196, ODYD, PLAN 38422 9505 Gilman Rd
Property Owner: Margaret Erika Holler Ingrid Hildegard Holler Anthony Frederick Holler
Recommendation:
It is recommended:
THAT the application to amend the Official Community Plan for Lot 1, DL 2196, ODYD, Plan 38422 located at 9505 Gilman Road from F-Farming to RR-Rural Residential and rezone this property from A1-Agriculture to CR1-Country Residential be denied.
C.A.O.'s Comments: I asked Development Services to waive the normal processing requirements for this application based on a request from the applicant and the limited time left to deal with this issue before the potential adoption of the one hectare minimum lot size bylaw.
While this is a similar request to another application across the street, it differs in that it only has a ½ acre water allocation versus 1 ½ acres. This means the subject property can only support one dwelling versus 3 dwellings on the neighboring lot. Unfortunately, there is no more water to be allocated and there are pressure and supply problems on this whole system during the peak season. There are many properties on this system that have not been allowed to be further developed in the past because of the lack of water.
Accordingly, the recommendation is supportable. To grant zoning would send a message that the property could be subdivided which is not possible under the current water situation.
Page 14 of 36 10.1 OCP and Rezoning - 9505 Gilman Road (I., M., & A. Holler) to...
C.A.O.'s Initials DHD
Purpose:
To provide Council the opportunity to consider this application at the request of the applicants, waiving normal process, in order to meet the time frame of the proposed zoning bylaw amendment requiring all non-sewered lots to have a minimum lot size of one hectare.
Background:
Current Use: Residential Parcel Size: 1.99ha (4.9ac) Zoning: A1-Agriculture OCP: F-Farmland M.o.T. Approval: not required
This site is located on the north side of Gilman Road at its extreme eastern end. The property is subject to some severe topography and is accessed by easement across the neighboring property to the west. A map showing the subject property is attached as Schedule “A”. The property is not within the Agricultural Land Reserve (ALR) however it is adjacent to the ALR along the western boundary. A single detached house and an outbuilding is currently located on the property. This property is also adjacent to the large Jolicouer property along the north and east boundary.
The property owner wishes to subdivide this property into three lots ranging in size from 4300m2 to 7700m2 in size. The property owners were advised by Development Services staff in early July to apply for subdivision prior to rezoning to ascertain whether subdivision of the parcel is possible as there are a number of servicing issues. The subdivision application was received on August 23, 2007 and is currently under review. It has been recently indicated by staff that there is no water available for additional development on this property. Water modeling has not been undertaken.
It was recognized in October that a rezoning application may not be processed prior to the adoption of the one hectare minimum lot size zoning bylaw amendment. This information was communicated to the property owners by letter on October 23, 2007. A rezoning application was subsequently received October 31, 2007.
Circulation Comments:
This application was circulated to the District's Technical Planning Committee (TPC) A review by this committee identified the following issues:
Page 15 of 36 10.1 OCP and Rezoning - 9505 Gilman Road (I., M., & A. Holler) to... • the 10 psi pressure drop anticipated when the water treatment plant is commissioned may significantly affect water supply in this area. Water modeling must be completed to confirm water availability. • The 100mm water main in Gilman Rd will need to be upgraded to 150mm at the time of subdivision including installation of a fire hydrant. • Recently indicated that no additional water is available (currently 0.5ac on the irrigation roll) • Gilman Road storm drainage must be accommodated at the time of subdivision. • Upgrading of Gilman Road to a 7.3m width including asphalt paving and construction of a cul-de-sac is required and cannot be secured with the subdivision beyond the centre line along the property frontage. It is recommended this upgrading be secured with the rezoning application. • Confirmation of onsite septic capability.
This application has not yet been presented to the Advisory Planning Commission or Agricultural Advisory Committee (see above).
Discussion:
There are a number of planning issues that are associated with this application. It is recognized that the adjacent parcel to the north has significant development potential and is designated as a future residential reserve on the current OCP. Access is a significant constraint to the potential development of this adjacent parcel. It may be premature to amend the OCP and rezone this property in the absence of a neighborhood plan identifying the future development of this area.
Generally it is considered inadvisable to amend the OCP, and rezone a property prior to a complete investigation of the servicing issues that may be required to support a higher density zoning. This review has not occurred given the time frame although staff have recently indicated there is no water available for subdivision. It is quite conceivable that this property could be rezoned only to discover that a subdivision cannot be approved.
It is recognized that property owners enjoy property rights based on the zoning of their property. It appears the applicants believe their property rights are being negatively affected by the application process and the potential adoption of the new “one hectare” bylaw. This property currently enjoys the property rights associated with the A1-Agriculture zone. Should the property follow the normal process and be granted rezoning, the owners would enjoy the new rights associated with the CR1 zone. This zone may reduce the required lot size from 2.0ha to 1.0ha (if the one hectare minimum lot size bylaw is adopted). If the property is rezoned prior to the one hectare minimum lot size bylaw passing, the owners would enjoy the new rights associated with the current CR1 zone (1400m2 lot size).
It is noted that a rezoning application for the property across Gilman Road has been fully reviewed and is supported by staff subject to agricultural buffering along the
Page 16 of 36 10.1 OCP and Rezoning - 9505 Gilman Road (I., M., & A. Holler) to... western property boundary, upgrading of Gilman Road to a 7.2m wide paved surface and construction of a cul-de-sac at the end of Gilman Road.
Alternatives:
Option 1 – Deny the application as no water is available for any subdivision - Supported by staff Should council deny the application, any new application would likely be subject to the new CR1 Zone currently under consideration.
Option 2 – Consider the bylaw amendments without a full review It is recognized that should Council adopt this rezoning bylaw, it may impact negatively on the future development of adjacent lands if subdivision is possible. It also may not result in any subdivision if servicing the proposed lots cannot be accommodated. At the very least, rezoning should not be granted without similar upgrading by the property owner across the street at 9009 Gilman Road which includes the improvement of Gilman Rd to a 7.2m width including gravel base; asphalt and drainage provisions; and the construction of a cul-de-sac at the end of Gilman Road.
Respectfully Submitted
Gordon Morley, MCIP Director of Development Services
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Page 18 of 36 10.1 OCP and Rezoning - 9505 Gilman Road (I., M., & A. Holler) to...
District of Summerland Report
Date: October 30, 2007 To: Committee of the Whole From: Don Darling, Director of Engineering and Public Works Re: No Smoking Policy _____
1. RECOMMENDATION: THAT the Council of the District of Summerland adopts the following as policy: “General: The Workers’ Compensation Board (WCB) “Environmental Tobacco Smoke” Regulation prohibits smoking in the workplace. This policy applies twenty-four hours a day seven days a week. Violation of the WCB Regulation or this policy may result in disciplinary action. Smoking Prohibited: Smoking is prohibited in all District of Summerland indoor work areas. Smoking will only be permitted in designated areas where other employees or the general public are not subject to second hand smoke. Smoking is prohibited in all District of Summerland vehicles.” 2. CAO’S COMMENTS: Support as recommended.
3. CAO’S INITIALS: DHD
4. ISSUE: Staff does not appear to be clear as to the District’s position on smoking. 5. BACKGROUND: The Joint Occupational Health & Safety Committee (JOH&SC) discussed the issue of smoking in District of Summerland vehicles at their meetings of August 23 and September 20, 2007. They are recommending that a formal policy be adopted as staff appears to be unclear as to the District’s position on smoking. The JOH&SC recommendation, supported by the Engineering and Public Works Department, is to adopt a policy similar to the one currently in place for the City of Kelowna. Documentation supporting this request is attached. Respectfully submitted,
Don Darling, AScT GSC Director of Engineering and Public Works
Page 19 of 36 11.2 No Smoking Policy DISTRICT OF SUMMERLAND FINANCE DEPARTMENT P.O. Box 159 MEMORANDUM Summerland, B.C. V0H 1Z0 Phone 250-494-6451 FAX 250-494-1415 TO: Mayor and Council
FROM: Ken Ostraat, Treasurer
DATE: November 16, 2007
SUBJECT: Early Budget Approval for Fire Department Pagers and Turnout Gear
Recommendation:
That Council approve the early request by the Fire Department for new pagers and turnout gear in the amount of $25,674 with funding to come from the Fire Department Capital Reserve.
CAO’s Comments: Support the Recommendation
CAO’s Initials: DHD
Background:
Attached is a memo from the Assistant Fire Chief requesting early approval of 6 new pagers and 7 sets of turnout gear. The total cost of these items is $25,674 and they were included in the Fire Department’s 2008 budget requests. As they have added a number of new members to their force, they need to order these items as soon as possible.
Discussion:
With the increased number of members to the Fire Department, they have a need to add to the number of sets of turnout gear for the new members as well as provide them with pagers. There is sufficient funds in the Fire Department’s capital reserve to cover the cost and staff are recommending that Council give approval to the purchase.
Options:
1. Council could approve the early request by the Fire Department for new pagers and turnout gear in the amount of $25,674 with funding to come from the Fire Department Capital Reserve. 2. Council could defer approval of the early request by the Fire Department for new pagers and turnout gear in the amount of $25,674 until after we have reviewed the budget for 2008. Since the new Fire Department members are already participating in activities at the Fire Hall, the equipment is needed immediately. Without the equipment, the new members will not be able to attend any fires. 3. Council could deny the request. As identified in option 2, the new members cannot attend fires without this equipment.
Respectfully submitted,
K.M. Ostraat, C.A. Treasurer
Page 20 of 36 12.1 Early Budget Approval - Fire Department Pagers and Turnout G... Memo
To: Ken Ostraat, Treasurer
From: Glenn Noble, Assistant Fire Chief
CC: LLoyd Miskiman, Fire Chief
Date: November 16, 2007
Re: 2008 Budget – Early Approval Request
As you are probably aware the Fire Department has recently hired eight new paid on call members. This hiring has increased our compliment of paid on call fire fighters to thirty from the previous number of twenty-two. This increase has left us with a shortage of personal protective equipment (turnout gear) and pagers.
We have identified in the 2008 capital budget the purchase of four sets of turn out gear and the replacement of six pagers. The capital budget request for turnout gear is in addition to the three additional sets identified in the operating budget.
The Fire Department is requesting early budget approval for these items. A list of the items and their estimated costs are noted below.
Capital Expenditure
Item Cost
4 Complete sets of personal protective equipment* $13,524 6 Motorola replacement pagers $ 5,000 $18,524
Operating Expenditure
Item Cost
3 Replacement sets of turnout gear $ 7,150 $ 7,150
Total
$25,674
*Complete sets include helmets, boots, gloves, wildland clothing etc…
Page 21 of 36 12.1 Early Budget Approval - Fire Department Pagers and Turnout G... The Fire Department wishes to proceed with the ordering of these items as soon as possible, please contact me at your convenience if you require any additional information.
Respectfully
Glenn Noble Assistant Fire Chief Summerland Fire Department
Page 22 of 36 12.1 Early Budget Approval - Fire Department Pagers and Turnout G...
THE CORPORATION OF THE DISRICT OF SUMMERLAND
BYLAW NO. 2000-307
A bylaw to enter into a Mobile Business Licence Scheme
WHEREAS Okanagan-Similkameen municipalities wish to enter into an agreement with one- another to permit certain kinds of Businesses to operate across municipal jurisdictions within the Okanagan-Similkameen regions while minimizing the need to obtain a separate Municipal Business Licence in each jurisdiction;
AND WHEREAS each of the undersigned local governments (herein called singularly the Participating Municipality or as a group the “Participating Municipalities”) has adopted this Bylaw;
NOW THEREFORE the Municipal Council of the Corporation of the District of Summerland, in open meeting assembled, enacts as follows:
1. There is hereby established an intermunicipal business licence scheme, pursuant to Section 14 of the Community Charter and according to the terms and conditions of this Bylaw.
2. This bylaw may be cited for all purposes as “Mobile Business Licence Bylaw No. 2000- 307”.
3. In this Bylaw:
“Business” has the meaning as defined by the Community Charter Schedule – Definitions and Rules of Interpretation.
“Excluded Businesses” means Business types which are excluded from application for a Mobile Business Licence and includes those Businesses referred to in Schedule A of this bylaw.
“Mobile Business” means a Business that performs a service within more than one Municipal Business Licence but not from or in Premises in one or more participating municipalities, and who provides the service by moving from client to client.
“Mobile Business Licence” means a business licence which authorizes a Mobile Business to be carried on within the boundaries of any or all of the Participating Municipalities in accordance with this Bylaw.
“Municipal Business Licence” means a licence or permit, other than a Mobile Business Licence, issued by a Participating Municipality that authorizes a Business to be carried on within the jurisdictional boundaries of that Participating Municipality.
Page 1 of 5
Page 23 of 36 12.2 Report from the Corporate Officer re Mobile Business License...
“Participating Municipality” means those of the following local governments that have adopted this Mobile Business Licence Bylaw:
City of Armstrong Central Okanagan District of Coldstream Regional District City of Enderby City of Kelowna Village of Keremeos District of Lake Country Village of Lumby Town of Oliver Town of Osoyoos District of Peachland City of Penticton Town of Princeton District of Salmon Arm District of Sicamous Township of Spallumcheen District of Summerland City of Vernon
“Person” includes an individual, corporation, organization, partnership, proprietorship, firm and the personal or other legal representative of a person to whom the context may apply under this Bylaw.
“Premises” means a fixed or permanent location where the applicant ordinarily carries on Business.
“Principal Municipality” means the Participating Municipality where a Business is located or has a Premises, or where the licensee does not maintain a Premises in any of the Participating Municipalities, the jurisdiction that issues the Mobile Business Licence.
4. Subject to sections 6 and 8, a Person who has obtained a Mobile Business Licence may carry on business within a Participating Municipality for the term authorized by the Mobile Business Licence without obtaining a Municipal Business Licence in the other Participating Municipalities.
5. A Participating Municipality may issue a Mobile Business Licence to an applicant for a Business Licence provided the Business type is not an Excluded Business, and the applicant meets the requirements of this Bylaw in addition to the requirements of the Municipal Business Licence of that Participating Municipality.
6. Notwithstanding that a Person may hold a Mobile Business Licence that would make it unnecessary to obtain a Municipal Business Licence in other Participating Municipalities, the Person must still comply with all other regulations of any municipal business licence bylaw or regulation in addition to any other bylaws that may apply within any jurisdiction in which the Person carries on Business.
7. A Business must apply for a Mobile Business Licence from the Participating Municipality in which they maintain a Premises.
8. Neither this Bylaw nor the issuance of a Mobile Business Licence eliminates a requirement of a Participating Municipality to obtain a Municipal Business Licence for each Premises that is maintained within its jurisdiction.
9. Notwithstanding Sections 5, and 6, the Participating Municipalities agree that where an applicant for a Mobile Business Licence does not maintain Premises in any of the Participating Municipalities, then the applicant may apply at any one of them. The Participating Municipality’s Municipal Business Licence must be purchased prior to the application for a Mobile Business Licence.
Page 2 of 5
Page 24 of 36 12.2 Report from the Corporate Officer re Mobile Business License...
10. The fee for a Mobile Business Licence is $150.00 and shall be retained by the Participating Municipality that issues the licence. The fee for a Mobile Business Licence is separate and additional to any Municipal Business Licence that may be required.
11. Every Mobile Business Licence shall be issued in a standard form to be agreed upon from time to time by the Participating Municipalities. Each Participating Municipality shall periodically provide the other Participating Municipalities with a list of Mobile Business Licences that it has issued for the calendar year.
12. A Participating Municipality may exercise the authority of the Principal Municipality and suspend a Mobile Business Licence in relation to conduct by the holder within the Participating Municipality which would give rise to the power to suspend a business licence under the Community Charter or the business licence or regulation bylaw of the Participating Municipality. The suspension shall be in effect throughout all of the Participating Municipalities and it shall be unlawful for the holder to carry on the Business authorized by the Mobile Business Licence in any Participating Municipality for the period of the suspension.
13. If the Council of a Participating Municipality is of the opinion that reasonable cause exists to cancel a Mobile Business Licence issued by another of the Participating Municipalities, then it may by resolution reciting the details of such reasonable cause request the Principal Municipality that issued the licence to consider whether or not the licence should be cancelled pursuant to Sections 15 or Section 60(2) of the Community Charter and amendments thereto.
14. Any resolution made under Section 13 shall be communicated in writing to the Principal Municipality that issued the licence, together with such documentary evidence of the reasonable cause as may be available, and such Principal Municipality shall as soon thereafter as reasonably possible consider whether the licence should be cancelled.
15. In making any decision as to whether to cancel a Mobile Business Licence under Section 14, the Principal Municipality shall approach the matter as if the conduct complained of had occurred within its own boundaries.
16. The Principal Municipality will retain the authority to hear related reconsiderations or appeals of suspensions and cancellations of Mobile Business Licences.
17. Nothing in this Bylaw affects the authority of a Participating Municipality to suspend or cancel any business licence issued by that municipality or to enact regulations in respect of any class of Business under Section 15 of the Community Charter or amendments thereto.
18. A Participating Municipality may, by notice in writing to each of the other Participating Municipalities, withdraw from the Mobile Business Licence scheme established by this Bylaw, and notice must:
a. Set out the date on which the withdrawing municipality will no longer recognize the validity within its boundaries of business licences issued pursuant to this Bylaw, which date must be at least six months from the date of the notice; and b. Include a certified copy of the Bylaw authorizing the withdrawal.
Page 3 of 5
Page 25 of 36 12.2 Report from the Corporate Officer re Mobile Business License...
19. A Mobile Business Licence issued prior to the effective date of the withdrawal shall, until it expires, remain valid within the boundaries of the withdrawing Municipality;
20. The invalidity or unenforceability of any provision of this Bylaw shall not affect the validity or enforceability of any other provisions of this Bylaw and any such invalid or unenforceable provision shall be deemed to be severable.
21. In the event of an inconsistency between this Bylaw and any other bylaw relating to business licensing of a Participating Municipality, the provisions of this Bylaw shall take precedence.
22. This Bylaw shall come into force and take effect on the 1st day of January, 2008.
Read a first, second and third time this
Adopted by the Council of the District of Summerland this
______Mayor
______Corporate Officer
Page 4 of 5
Page 26 of 36 12.2 Report from the Corporate Officer re Mobile Business License...
Bylaw 2000-307 - Schedule A
The following Business types are Excluded Businesses for the purposes of application for a Mobile Business Licence under the intermunicipal business licensing scheme set out in this Bylaw:
• Social escort services • Vehicles for hire (for example, taxis, limousines or buses) • Body-rub services (which includes the manipulating, touching or stimulating by any means, of a Person's body or part thereof, but does not include medical, therapeutic or cosmetic massage treatment given by a Person duly licensed or registered under any statute of the Province of British Columbia governing such activities or a therapeutic touch technique.)
Page 5 of 5
Page 27 of 36 12.2 Report from the Corporate Officer re Mobile Business License...
DISTRICT OF SUMMERLAND ATTENTION MOBILE BUSINESSES!
Did you know you may be eligible to upgrade to a Mobile Business Licence covering all communities in the Okanagan-Similkameen Corridor?
Starting January 1, 2008, eligible Mobile Businesses can upgrade to a Mobile Business Licence for a fee of $150, allowing them to work in all of the communities listed below.
Participating Communities Armstrong Central Okanagan Coldstream Regional District Enderby Kelowna Keremeos Lake Country Lumby Oliver Osooyos Peachland Penticton Princeton Salmon Arm Sicamous Spallumcheen Summerland Vernon
For further information contact your local Business Licensing Office (see reverse)
* Specific Community Requirements May Apply
Page 28 of 36 12.2 Report from the Corporate Officer re Mobile Business License...
For more Information contact your local Business Licensing Office:
Participating Communities
Armstrong Central Okanagan District of 3570 Bridge Street Regional District Coldstream PO Box 40 1450 KLO Road 9901 Kalamalka Road, Armstrong, BC Kelowna, BC Coldstream, BC V0E 1B0 V1W 3Z4 V1B 1L6 Phone: (250) 546-3023 Phone: (250) 763-4918 Phone: (250) 545-5304 Enderby Kelowna Keremeos 619 Cliff Ave 1435 Water Street PO Box 160 PO Box 400 Kelowna, BC 702 - 4th Street Enderby, BC V1Y 1J4 Keremeos, BC V0E 1V0 Phone: (250) 469-8960 V0X 1N0 Phone: (250) 838-7230 Phone: (250) 499-2711
Lake Country Lumby Oliver 10150 Bottom Wood Lake Road 1775 Glencaird Street 35016 - 97th Street Lake Country, BC PO Box 430 PO Box 638 V4V 2M1 Lumby, BC Oliver, BC Phone: (250) 766-5650 V0E 2G0 V0H 1T0 Phone: (250) 547-2171 Phone (250) 485-6200
Osoyoos Peachland Penticton 8707 Main Street 5806 Beach Avenue 171 Main Street Osoyoos, BC Peachland, BC Penticton, BC
V0H 1V0 V0H 1X7 V2A 5A9 Phone: (250) 495-6515 Phone: (250) 767-2647 Phone: (250) 490-2407
Princeton Salmon Arm Sicamous
169 Bridge Street 500 2nd Avenue NE District of Sicamous PO Box 670 PO Box 40 PO Box 219 Princeton, BC Salmon Arm, BC Sicamous, BC V0X 1W0 V1E 4N2 V0E 2V0 Phone: (250) 295-3135 Phone: (250) 803-4000 Phone: (250) 836-2477
Spallumcheen Summerland Vernon 4144 Spallumcheen Way 13211 Henry Avenue 3400 30th Street Spallumcheen BC PO Box 159 Vernon, BC V0E 1B6 Summerland, BC V1T 5E6 Phone: (250) 546-3013 V0H 1Z0 Phone: (250) 545-1361 Phone: (250) 494-6451
Page 29 of 36 12.2 Report from the Corporate Officer re Mobile Business License...
Page 30 of 36 12.2 Report from the Corporate Officer re Mobile Business License...
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 2000-301 A BYLAW TO AMEND ‘OFFICIAL COMMUNITY PLAN BYLAW NUMBER 96-001’ AND TO AMEND ‘ZONING BYLAW NUMBER 99-001’ 9009 Gilman Road (N. & K. Niskakoski)
The Municipal Council of the Corporation of the District of Summerland, in open meeting assembled, enacts as follows:
1. THAT Schedule ‘B’ of Official Community Plan Bylaw 96-001 be amended by changing the classification of Lot A, DL 2196, ODYD, Plan 23144 being 9009 Gilman Road, from the Farmland (F) designation to the Rural Residential (RR) designation.
2. THAT this bylaw has received a majority vote of the full Municipal Council pursuant to Section 882 of the Local Government Act.
3. THAT Schedule ‘B’ of District of Summerland Zoning Bylaw Number 99-001 be amended by changing the zoning classification of Lot A, DL 2196, ODYD, Plan 23144 being 9009 Gilman Road, from the A1 – Agriculture Zone to the CR1 – Country Residential Zone.
4. This bylaw may be cited as “Bylaw No. 2000-301, Amendment of Official Community Plan Bylaw Number 96-001 and Zoning Bylaw Number 99-001 (9009 Gilman Road).”
Read a first time this day of , 2007.
Considered at a Public Hearing this day of , 2007.
Read a second and third time this day of , 2007.
Adopted by the Municipal Council of the District of Summerland this day of , 2007.
______Mayor
______Corporate Officer
Page 31 of 36 13.4 Bylaw 2000-301 - OCP and Rezoning, 9009 Gilman Rd. (N. & K. ... DISTRICT OF SUMMERLAND FINANCE DEPARTMENT P.O. Box 159 MEMORANDUM Summerland, B.C. V0H 1Z0 Phone 250-494-6451 FAX 250-494-1415 TO: Mayor and Council
FROM: Ken Ostraat, Treasurer
DATE: November 14, 2007
SUBJECT: Land Sale Reserve Expenditure – 8911 Pineo Court
Recommendation:
That Council give first three readings to Land Sale Reserve Fund Expenditure Bylaw Number 2000-304.
CAO’s Comments: Support the recommendation
CAO’s Initials: DHD
Background:
The municipality recently completed the purchase of a property located at 8911 Pineo Court for the amount of $295,000. The financing of this property purchase was to come from the Land Sale Reserve Fund. The Land Sale Reserve Fund is a statutory reserve and any expenditures from the reserve must be authorized by a bylaw.
Discussion:
Included in tonight’s agenda is Bylaw Number 2000-304 which authorizes the use of $295,000 towards the cost of purchasing 8911 Pineo Court. There are sufficient funds available in the reserve to cover the expenditure. The reserve balance will be improved again at the end of the year with the completion of the sale of the municipal lots on Pierre Drive.
As this was the intended method of financing the purchase of 8911 Pineo Court, staff are recommending that Council give first three readings to the bylaw.
Options:
1. Council could give first three readings to Land Sale Reserve Fund Expenditure Bylaw Number 2000-304. 2. Council could direct staff to fund the purchase from some other reserve.
Respectfully submitted,
K.M. Ostraat, C.A. Treasurer
Page 32 of 36 13.7 Bylaw 2000-304 - Land Sale Reserve Fund Expenditure - Pineo ...
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 2000-304
A BYLAW TO AUTHORIZE THE EXPENDITURE OF MONEY FROM THE LAND SALES RESERVE FUND
WHEREAS there is an unappropriated balance in the Land Sale Reserve Fund, established pursuant to Bylaw Number 1630, of Three Hundred and Ninety-Eight Thousand Nine Hundred and Ninety-five Dollars ($398,995) as of December 31st, 2006;
Balance in Reserve Fund, December 31st, 2006 $398,995 Expenditure by Bylaw 2000-304 $295,000
Balance in Reserve Fund $103,995
AND WHEREAS it is deemed desirous to expend a portion of the monies set aside under Bylaw Number 1630 for the following purpose:
To fund the cost of purchasing the land and building required for municipal purposes on Lot 3 Plan 2751, DL 473, ODYD, in the amount of Two Hundred and Ninety-five Thousand Dollars ($295,000);
NOW THEREFORE, the Council of the Corporation of the District of Summerland, in open meeting assembled, enacts as follows:
1. This bylaw may be cited as the ‘Land Sales Reserve Fund Expenditure Bylaw Number 2000-304.’
2. The sum of Two Hundred and Ninety-five Thousand Dollars ($295,000.00) is hereby appropriated from the Land Sales Reserve Fund.
Read a first, second and third time this.
Adopted by the Municipal Council of the Corporation of the District of Summerland this
______Mayor
______Corporate Officer
Page 33 of 36 13.7 Bylaw 2000-304 - Land Sale Reserve Fund Expenditure - Pineo ... DISTRICT OF SUMMERLAND FINANCE DEPARTMENT P.O. Box 159 MEMORANDUM Summerland, B.C. V0H 1Z0 Phone 250-494-6451 FAX 250-494-1415 TO: Mayor and Council
FROM: Ken Ostraat, Treasurer
DATE: November 14, 2007
SUBJECT: Capital Works Reserve Expenditure – Thirsk Dam Expansion Project
Recommendation:
That Council give first three readings to Land Sale Reserve Fund Expenditure Bylaw Number 2000-305.
CAO’s Comments: Support the recommendation
CAO’s Initials: DHD
Background:
The District is in the process of completing the Thirsk Dam Expansion project. Part of the funding for this project was to come from the District’s Capital Works Reserve Fund. There is currently approximately $1.5 million in the reserve of which we wish to use $1 million towards the Thirsk Dam project. As this is a statutory reserve, a bylaw is required to authorize any expenditures from it.
Discussion:
Included in tonight’s agenda is Bylaw Number 2000-305 which authorizes the use of $1,000,000 towards the cost of the Thirsk Dam Expansion project. There are sufficient funds available in the reserve to cover the expenditure.
As this was one of the intended sources of financing the expansion of Thirsk Dam, staff are recommending that Council give first three readings to the bylaw.
Options:
1. Council could give first three readings to Land Sale Reserve Fund Expenditure Bylaw Number 2000-305. 2. Council could direct staff to fund the expenditures from some other source.
Respectfully submitted,
K.M. Ostraat, C.A. Treasurer
Page 34 of 36 13.8 Bylaw 2000-305 - Capital Works Reserve Expenditure - Thirsk ...
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 2000-305
A BYLAW TO AUTHORIZE THE EXPENDITURE OF MONEY FROM THE CAPITAL WORKS RESERVE FUND
WHEREAS there is an unappropriated balance in the Capital Works Reserve Fund, established pursuant to Bylaw Number 92-007, of One Million Four Hundred and Ninety Thousand Seven Hundred and Sixty-five Dollars ($1,490,765) as of December 31st, 2006;
Balance in Reserve Fund, December 31st, 2006 $1,490,765 Expenditure by Bylaw 2000-305 $1,000,000
Balance in Reserve Fund $ 490,765
AND WHEREAS it is deemed desirous to expend a portion of the monies set aside under Bylaw Number 92-007 for the following purpose:
To partially fund the cost of constructing an expansion to Thirsk Dam and building a new spillway in the amount of One Million Dollars ($1,000,000);
NOW THEREFORE, the Council of the Corporation of the District of Summerland, in open meeting assembled, enacts as follows:
1. This bylaw may be cited as the ‘Capital Works Reserve Fund Expenditure Bylaw Number 2000-305.’
2. The sum of One Million Dollars ($1,000,000) is hereby appropriated from the Capital Works Reserve Fund.
Read a first, second and third time this.
Adopted by the Municipal Council of the Corporation of the District of Summerland this
______Mayor
______Corporate Officer
Page 35 of 36 13.8 Bylaw 2000-305 - Capital Works Reserve Expenditure - Thirsk ...
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 2000-308 A BYLAW TO AMEND ‘OFFICIAL COMMUNITY PLAN BYLAW NUMBER 96-001’ AND TO AMEND ‘ZONING BYLAW NUMBER 99-001’ 9505 Gilman Road (Ingrid, Margaret & Anthony Holler)
The Municipal Council of the Corporation of the District of Summerland, in open meeting assembled, enacts as follows:
1. THAT Schedule ‘B’ of Official Community Plan Bylaw 96-001 be amended by changing the classification of Lot 1, DL 2196, ODYD Plan 38422 being 9505 Gilman Road, from the Farming (F) designation to the Rural Residential (RR) designation.
2. THAT this bylaw has received a majority vote of the full Municipal Council pursuant to Section 882 of the Local Government Act.
3. THAT Schedule ‘B’ of District of Summerland Zoning Bylaw Number 99-001 be amended by changing the zoning classification of Lot 1, DL 2196, ODYD Plan 38422 being 9505 Gilman Road, from the A1 – Agriculture Zone to the CR1 – Country Residential Zone.
4. This bylaw may be cited as “Bylaw No. 2000-308, Amendment of Official Community Plan Bylaw Number 96-001 and Zoning Bylaw Number 99-001 (9505 Gilman Road).”
Read a first time this day of , 2007.
Considered at a Public Hearing this day of , 2007.
Read a second and third time this day of , 2007.
Adopted by the Municipal Council of the District of Summerland this day of , 2007.
______Mayor
______Corporate Officer
Page 36 of 36 13.9 Bylaw 2000-308, OCP & Zoning Bylaw, 9505 Gilman Road (I., M...