To view the attached documents, please click on the green headings in the agenda.
CITY OF KAMLOOPS
REGULAR COUNCIL MEETING AGENDA
2008 DECEMBER 9 - 1:30 P.M.
IN COUNCIL CHAMBERS
ACTION PAGES 1. READING:
2. APPROVAL OF AGENDA:
3. MINUTES: 2008 November 18 Council Meeting Move that the Minutes of the 1-36 2008 November 18 Public Hearing 2008 November 18 Council Meeting and Public Hearing be adopted.
4. PUBLIC INQUIRIES:
5. REPORTS: a) Chief Administrative Officer - In-Camera i) Chamber of Commerce Visitor Information Centre For public information. 37 Service Agreement In-Camera Meeting 2008 July 22
b) Chief Administrative Officer - Regular i) Development Variance Permit Application Recommendation to authorize 38-41 No. DVP00300 distribution of Notice of Intent to (2038 Highland Place) issue a Development Variance Owner/Applicant: Snow-Terra Investments Ltd. Permit.
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ACTION PAGES 5. REPORTS: (CONTINUED) b) Chief Administrative Officer - Regular (Continued) ii) Review of Taxi Saver and Taxi Supplement Recommendation to: 42-46 Programs a) Authorize the increase of the monthly per client limit of Taxi Saver Coupons from $60 to $80; b) Modify handyDART Client eligibility to purchase Taxi Saver coupons; c) Extend handyDART Service on Christmas Day to ensure wheelchair accessible transportation is available; and d) Authorize the increase in handyDART service hours as recommended by BC Transit and as reflected in the 2009 Custom Transit Budget. iii) Production and Use of Biosolids Compost at the Recommendation to support the 47-48 Cinnamon Ridge Facility application to the Ministry of the Environment and Agricultural Land Commission for the sale of biosolids organic composting material for off-site use at the Cinnamon Ridge Facility. iv) Appointment of Home-based Business Inspector Recommendation to appoint 49 to Include Non-resident Businesses Mrs. Shellie Clark as the Home- based Business and Non-resident Licence Inspector for the purpose of carrying out the provisions of the Business Licence and Regulations By-Law No. 9-39 and all amendments thereto. v) Award of a Contract to Construct an Odour Bed Recommendation to award 50-52 at Riverside Park Lift Station Phase I of a contract to construct an odour treatment bed at the Riverside Park sewage lift station to Extreme Excavating Ltd. for the tendered sum of $68,548 plus GST and to award Phase II in the amount of $28,500 plus GST in spring 2009 subject to budget approval.
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ACTION PAGES 5. REPORTS: (CONTINUED) b) Chief Administrative Officer - Regular (Continued) vi) Solid Waste Services Recommendation to approve: 53-65
a) Additional staff resources; b) Administration to sole source the purchase of two new co-collector waste collection trucks from Rollins Machinery Ltd. for a capital cost of $630,000 funded from the Community Works Fund; and c) Preparation of amendments to Solid Waste and Recyclables By-law No. 40-51 to include user fee increases and a new cardboard tipping fee; and d) Addition of $100,000 to the 2009 supplemental budget request list to complete a multi-family recycling pilot program in 2009;
all as outlined in the report.
c) Mayor
d) Council
e) Committee Reports i) Police Committee Recommendation to support the 66-67 Minutes - 2008 November 7 BarWatch Program in principle, • Councillor Harker subject to further review by staff and legal counsel. ii) Heritage Commission No recommendations; for 68-69 Minutes - 2008 November 12 information only. • Councillor Harker
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ACTION PAGES 5. REPORTS: (CONTINUED) f) Calendar of Committee Meetings: • Heritage Commission - 2008 December 10, 5:30 p.m., Development and Engineering Services Boardroom • Sustainable Kamloops Committee - 2008 December 11, 11:30 a.m., Public Works Centre Boardroom
6. DELEGATIONS: 3:00 P.M. a) Ms. Bonnie Klohn 70 Urban Hen Committee Re: Request for Amendment to Animal Control By-law No. 34-11 to Permit Poultry on Lots Smaller Than 1 ac. - Pilot Project b) Ms. Anita Strong, Chairperson 71-72 Council of Canadians, Kamloops Chapter Re: Request for Public Drinking Fountain
7. RESPONSE TO DELEGATIONS:
8. CORRESPONDENCE: For Action: a) Correspondence received from: Expressing support for the Urban 73-84 Hen Committee's request to • Ms. September Kuromi amend Animal Control By-law No. 34-11 to permit the keeping of • Mr. Donovan Cavers, 917 Douglas Street chickens on property smaller than 1 ac. within City limits. • Ms. Evelyne Penny, Disability Tutor, DisabilityServices, Thompson Rivers University Note: This issue is the topic of a
3:00 p.m. delegation. • Ms. Nicole Borhaven
• Ms. Kate Cullinane, 6176 Meadowland Crescent
• Dr. Penny Powers, Professor, School of Nursing, Thompson Rivers University
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ACTION PAGES 8. CORRESPONDENCE: (CONTINUED) For Action: (Continued) a) Correspondence received from: (Continued)
• Ms. Leslie Dyck, Disability Services Advisor, Thompson Rivers University
• Ms. Brandee Honkanen, Thompson Rivers University Student
• Ms. Joan Teebagy, Belmont, Massachusetts
• Ms. Gisela Ruckert
• Dr. Jonathan Van Hamme
• Sarah Harder b) Mr. Tom Wallace, Chairman, Valleyview Community Requesting that: 85 Association a) The impact of commercial lighting be reduced between River Road and Tanager Road;
b) Council consider authorizing preparation of a by-law to regulate light pollution; and
c) The City work with BC Hydro to provide incentives to reduce excessive light levels throughout the city. c) Ms. Anne Grube, Treasurer, Kamloops Regional Requesting that Council consider 86 Farmers' Market Society installing a public drinking water fountain near the 200 block of St. Paul Street and offering to contribute funds to the project.
Note: This issue is the topic of a 3:00 p.m. delegation.
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ACTION PAGES 8. CORRESPONDENCE: (CONTINUED) For Information:
d) Ms. Alison Slater, Secretary Treasurer, Southern Providing a copy of a letter to 87-88 Interior Local Government Association (SILGA) SILGA from Hon. John van Dongen, Solicitor General, responding to SILGA's 2008 Annual General Meeting resolutions regarding Search and Rescue funding and cellular telephone coverage. e) Mr. Darrel Johnson, Advocacy/COSCO Rep., Providing a copy of a motion 89-91 Kamloops Retired Teachers' Association adopted by the Kamloops Retired Teachers' Association supporting the formation of a Seniors Advisory Committee.
Note: Minutes of the 2008 October 21 Council Meeting referring to this issue are attached. f) Hon. Kevin Krueger, Minister of Small Business and Providing an update of the Mobile 92-93 Revenue Business License project. g) Mr. Gerry Morden, Chairperson, Whalley Providing information on the 94-130 Enhancement Association proposed Safer Communities and Neighbourhoods Act. h) Mr. Frank Leonard, Municipal Finance Authority Providing an update including 131 information on the Fall Debenture Issue and Pooled Investment Fund.
9. CONSIDERATION OF BY-LAWS: Introduction
14-1-156 Treated Water Service Extension to Noble Move that By-law No. 14-1-156 be 132-133 Creek Area and Reconstruction of introduced and taken to third Westsyde Road and Dairy Road. reading.
Purpose to:
Authorize borrowing of $2,780,000 as part of the $9.6 million project to extend treated water service to Noble Creek, North Westsyde and Dairy Road; the work will also include the reconstruction of Westsyde Road and Dairy Road.
• Authorized by Council 2008 November 18.
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ACTION PAGES 9. CONSIDERATION OF BY-LAWS: (CONTINUED) Adoption 16-289 City of Kamloops Temporary Loan Move that By-law No. 16-289 be Authorization By-law, 2008 adopted.
Purpose to:
Authorize the City of Kamloops to borrow upon credit for 2009, to a maximum of $6,000,000 to meet current lawful expenditures.
10. UNFINISHED BUSINESS:
11. NEW BUSINESS:
12. PUBLIC INQUIRIES:
13. NOTICE OF MOTION:
14. ADJOURNMENT: Move to adjourn.
T:\CCA\LEG SVS\COUNCIL PKG\2008\Agenda Reg\12 09.docx COUNCIL oF THE CITY MINUTES OF A REGULAR MEETING OF THE MUNlclP4t UCTORIA STREET WEST' ON OF KAMLOOPS, HELD IN COUNC¡I. CIiNiJEERS;' iuesoÀi, z00B NovEMBEn E ¿IL91p'M' L. Harker, T' Lange' pRESENT: Mayor T, Lake, Councitlors J. G. De Cicco, J. and J. l,¡. l-eóng, p. C. Milobar, J' H' O'Fee''A'H'Singh' P. A. Wallace. corporate chief Administrative officer R. H. Diehl; communityand AffairsD¡rectorL.W.Hrycan;DevelopmentandEngineering Utitities Director Services Director D. A. irawin; Public Wo-rks and Director o. n. buciworth; parks, Recreation, and cultural services g. ¡. ùðcorkell; Assistant Finance and lnformation Technology D¡r""t-b. J. Siewart; Sport Development and Business Operations rv¡"naó.r]. putnam; Enjineeringlvla.nager M. E. warren; and Legisiative Assistant in Training T' J' Blundell'
1. READING: reading from the The community and corporate Affairs Director gave a works King WhitneY Jr.
APPROVAL OF AGENDA:
Councit approved the agenda as amended'
MINUTES:
I seconded Cou ncill?.ll M oved by Cou nci I or Wat lace, !Y 1I:t' that the Minutes of the 2008 october 2l Gouncil Meet¡ng ano pub¡iä Hãår¡ni, zooe october 28 Council Meeting, and. 2008 NovemUãi'4 Gouncil Meeting and Public Hearing be adoPted.
CARRIED.
4.
DevelopmentVariancePermitApplicationNo.DVP002SS (982 Camosun Crescent) permitted fence height The purpose of this application is to increase the purpose of.increasing adiacent to a muniå¡pãi;;ud from 1 m to 2 m for the iliä;;;1ãiåuái¡"'ule outdoor storase and to improve internal circulation. with There were no submissions, and no correspondence was received regard to this aPPlication. 299. 18 COUNCIL MEETING 2008 November IVIUIUTES OF A REGULAR Page 2
5. coNSIDERATIoNoFPUBLICSUBMISSIoNS-DEVELoPMENT VARIANCE PERMIT:
Development Variance Permit Application No' DVP00288 (982 Camosun Grescentl = Moved by Councillor De Cicco' seconded-by Councillor wauaãi"tnãiin" corporate officer be authorized to issue o"uiópråni ùár¡anie péim¡t No. DVP00288Íor Lot A, sec. 1, Tp.20,'Rge. 18, K'D'Y'D', District Plan32627 (I8z cãm-osun Crescentj, to varv Zonin-g- ?,{"Ti";l1-.30^1t'ng, and ng)' Division Fifty-Three (Landscaping, Screen¡ -Fencl sect¡oi'diôé, s"r""rìing and Fenðing, to_ increase fence 1 m to 2 m in fre¡gtrì'in ã sibã VarO tnãt a6uts a stréet from *¡Úí Attachment "4", to the report dated 200soctober23preparedbytheDeve|opmentand"""oiäänã" Engineering Services Department'
CARRIED.
PUBLIC INQUIRIES: Ms.KathyArnold,President,McArthurlslandCurlingClub: extra . Ms. Kathy Arnold thanked council for its support for the the 2008 October 28 $1,S00 ot grãni ton"y that was authorized at J u n ior Bonspiel.took Cou nci I fVl"tì n g- ió e-¡ísu ro tnat the Ri ck Cotter place. srre åävïsáã hãv w¡¡l not reqyile the $4,500 that council äuthorized to t¡,"r undêr the Council Contingency Fund.
7. REPORTS:
Council as The report of the Chief Administrative Officer was presented to follows:
Request for an ln-Camera Meeting MovedbyGouncillorLeong,secondedbycouncilloro.Fee, tnat Couhcil authorized anln-Camera meeting to be scheduled on 2008 November 25 under Section 90(1xe)iá¿qúisition, disposition, and expropriation of land) of the CommunitY Gharter.
CARRIED. 300. 2008 November 18 REGULAR COUNCIL MEETING MINUTES OF A Page 3
7. REPORTS: (CONTINUED) : (GONTINUED) Westsyde, and Extending Treaied Water Service to Noble Creek, North Dairv Road : : officer Gouncit received a copy of a report to ihe chief Administrative and Engineering.. dated 2008 Nover¡"r'f'g prepaied by the Development 2009 Capital Oepartmeni to säekGoùncit's approv-al to amend the Services water g"ag"i to intlude all of the work associaied with extending treated Road areas in services to the l,¡o¡ie Creek, North Westsyde, and Dairy 2009. MovedbyCouncillorDeCicco,secondedbycouncillor Milobar, that Council authorize:
a) IH[ålÊffåî'åliHii5ï*'1"åi"'"']"'fr3?3;33i' r"öuiiãt"nts of the Noble Creek/North Westsyde Wãt"t Supply lmprovement P-rojecJ under the ;Èinãnã.¡ä¡impl¡cät¡ons,' dated section of the report . and ZOO8 november 13 prepared by the Development Engineering Services DePartment; ihã in¡t¡atiõn of a borrowingby-law in the amount of b) for this $ä,?gó,000 to finance the additlonal funding project; and c) i*'**:îüï:313:H:#ï:1i'i:"?nru;'*ålå," construction in 2009.
CARRIED.
council received a copy of a report to the chief Administrative officer Utilities d;t"d 2008 Nover¡"írg prepared by the Public Works and to obtain Coüncíl's approvat to issue a purchase order for the óãp".tr"nt Station electricat transformårs located at tne River Street High Lift Pump prior to approval of the 2009 capital budget'
Moved by councillor o'Fee, seconded.by. councillor wallace, tnat Couicit authorize an amendment to the 2008 '2012 Financial Plan to inctude the purchase of two transformers for the River street water Plant this year and to adjust the fundinginCapitalProjectNumbergllSS3toreflect an adâ¡t¡onal $360,000 in 2008 and $150'000 "*p"nã'¡tr.""'otin 2010 and2O11.
CARRIED.
3 301. 2OO8 NOVEMbET 18 MINUTES OF A REGULAR COUNCIL MEETING
7. REPORTS: (CONTINUED) : (CONTINUED) Funding union of BC Municipalities Phase ll community Tourism Ãppiicat¡on
received a copy of a report to the Chief Administrative Officer Council Cultural ã"t",¡-iboa Ñou"ro"r'rt ptáp"ied by the Parks, Recreation, and the Union of Services Oepartment'to sãei Councíl's sgpnort !gsubmit Coluin¡ia Ufuniã¡pal¡ties (UBCM) Piräse ll Community Tou-rism ei¡tistr in both áppli"ãt¡oñãñà-to àppri, t¡¡: fûndins for proiects identified ã;"sr"r-Council-and ihe Corporate Strategic Plans' MovedbyCouncillorMilobar,secondedbycouncillor to apply for Wa¡láãi"tfrãi Council authorize Administration - 6e uñ¡dn ot et¡t¡"r, cotumbia Municipalities (UBCM) P.hase ll Community Tourism Funding Opportunity and utilize those tunas tä àéueiop marketing õppohunities identified for the Tournament CaPital Program'
CARRIED.
Tournament Gapital Centre Parkinq Expansion
councit received a copy of a report to the chief Administrative officer Cultural dated 2008 Nover5"if g þrepai'eO by the Parks, Recreation, and Services Department to seek Council's support: spaces at a) To allow a permanent expansion of 28 new public_parking the Tournamànt Capital Öentre (TCC) including 15 new short'term "droP-off' Parking sPots; parking b) To allow the immediate purchase of four electronic ticket dispensers; and for c) For immediate funding of one full-time equivalent Bylaw officer ' parking control at theÏournament Capital Centre, Riverside Park, bowntówn centre and other locations as required'
Moved by Councillor Milobar, seconded byCounc^illor Wái¡""",iltat Council authorize funding of $110,000 from the 2008 gaming revenue for Administration to execute the following: a) To increase public parking qPgces b.y 28 at the Tournament Capital Centre ($55'000); and b) To purchase four electronic parking ticket dispensers ($55'ooo).
CARRIED.
4 302. 2008 November 18 REGULAR COUNCIL MEETING MINUTES OF A Page 5
7. REPORTS: (CONTINUED) (coNTINUED)
(Continued)
Harker, Moved by Councitlor Wallace, seconded by Councillor that Gouncil authorize that: a) l":ï"'iiili'ff"î:J'J,?å:î:31i3î&i';:'."""1iäf ""0 äiñ"iáqü¡pment in itre amount of $111,000, to be .. funãe¿ i.om ttre Tournament Capital Centre operations revenue; b) fhe ZOOA -2}lzFinancial Plan be updated;---. ci Äiãu¡", of the fuil-time equivalent By-13w. officer d) positionbeexecutedafteracertainpe.riodoftime;and ;i?fl lî"'ïJ'i,ft5il:,'J:i',?'X'T;1i:iåi"i8x'1i:' Centre. Affirmative:councillorsDeGicco,Lange,o'Fee,Singh,and Wallace. Negative:MaygrLake,GouncillorsHarker,Leong,and Milobar.
CARRIED.
8. MAYOR'S REPORT:
. congratulated the newly etected Peter Milobar as Mayor and incoäing n"* councillórs Nancy Bepple,IVlarg spin-1, and Denis and Watsh éipi""ããA n¡s t¡anfð to dtitgoing Councillors Leong Singh for"nA theii contribution to the City of Kamloops'
COUNCILLOR REPORT:
Councillor Lange:
. Inquired about the large bright lights that overlook charles An'derson Siaá¡um anã the [enniã courts on River Street and inquire6 why they stay on late at night and at different times throughout the Year.
The Parks, Recreation, and cultural services Director advised that the city hã" inu""úgated tfrãôbt¡on of installing- a motion sensof system to regulate if," lãndh õtt¡r" tne íigtrts stay on anã vandalism has been the main iâ"toi aî to wny the Cit! has not proceeded with this option. He further advised that it iras Oeeri a request from avid tennis players to leave the iigLt" on in the He will inquire with staff as to reducing the time the lights stay on."u"ningr.
5 zoos Î'l"u"T'tt¡8 ír1i'ures or n necuLnn cour,¡clu rv¡eerr¡lc
10. RECESS:
The meeting recessed at 2:35 P'm'
11. RECONVENE:
The meeting reconvened at 3:04 P'm' Harker, T' Lange' Mayor T. Lake, councillors J. G. De Cicco, J. L' PRESENT: and ¡. l,¡. ieónõ' Þ. c. Milobar, J' H' o'Fee' A' H'singh' P. A. Wallace. corporate chief Administrative officer R. H. Diehl; communityand ftru¡r,-sà.¡""" ò¡rector L. W. Hrycan; Development and Engineering Director O. Á. frawin; Parks, Recreation, and Gultural and lnformation services Director g. ¡. fvlccorketl; Assistant Finance in iechnology Director D. J. Stewart; and Legislative Assistant Training T. J. Blundell.
12. PROCLAMATIONS: Kamloops Y Peace Week
Harker' Moved by councillor singh, seconded by councillor tnat Zõóã November ß -22' be proclaimed "Kamloops Y Peace Week" in the Gity of Kamloops'
CARRIED.
13. DELEGATIONS:
Ms. Gail scott, chief Executive officer, venture Kamloops Re: 2008 Fourth Quarter Review provided Gail Scott, Chief Executive Officer, Venture Kamloops, Ms. Kamloops' õõrnõiïrittr a nr¡ei pãwerpoint preseñtation outlining venture tùnOing overview, and marketing strategies' õrrpäJä, its goals Ms. Scott reviewediñ""*i""", ZOóg "CJnömic. accomplishments, highlights, and for 2009.
Mr. Russ PawlYk City of Strathcona CountY Rei 2011 Western Canada Summer Games presentation Mr. Russ Pawlyk provided councilwith a brief PowerPoint He acknowledged.the äor ift" 20OZ úVe'stern Canada Summer Games. ;;¡;rf"tLxper¡enð" tnut he and his committee were involved in' He ;r"#i"¡ Gouncil *itf1 á cheque in the amount of $20,000 as a legacy from itre ZOOZ Western Canada Summer Games'
6 304. November 18 REGULAR COUNCIL MEETING 2008 MINUTES OF A Page 7
13. DELEGATIONS: (CONTINUED)
Mr. Russ PawlYk City of Strathcona C (Continued)
summer Games Henry Pejril, chairman for the 2011 western canada Mr. thanked advised that he is amazed with the community support.and him and his fVfì. Èãù¡VÈãnU f'r¡" Córtittee for staying in ðorrtact.with Games a Committee in orderi; ráke the 201t Weétern Canada Summer successful event.
14.
Mr. Russ PawlYk City of Strathcona CountY
MovedbyCouncitlorLange,sec-ondedbyCouncillorLeong' iñát Cori"il authorize a létter of thanks be sent to Mr. Russ Ë"*¡Vf and his committee for the forwarding ol-!9g.acy funds presãntàO to the Gity of Kamtoops from the 2007 Western Canada Summer Games.
CARRIED.
15. CORRESPONDENGE:
The following correspondence was received by Councilfor consideration and information:
Government Leadership Academy, Union of Þ-C a) Local for lvluÑt¡pãf¡t¡és-lõcãl - lnvit¡ng neg¡dtrations Fiom Newly Elected Officials ¡ R¡ ctr mono. ec i-trã' äõög c overn"meni ueaoers tr ¡ o nca¿emv n
b) Mr. David Marshall, Executive Director, Fraser Basin council ' Þió"¡ai"é tnformation on the Smart Planning for Gommunities ln - c) Local Government Program Services, Union o! BC Municipalitigs Þtou¡A¡ng tnformation õn School Community Connections 2008 Strenqtheninq the Connection Grants
d) Mr. Murray Ramsden, Ghief EXecutive officer, lnterior Health Authority - Advising lnterior Health Authority Supports a CoordináteO Healt and e) Hon. Kevin Krueger, Minister of small Business and Revenue lvlinister Responðibíe for BG Assessment - Advising that Effective irm"O¡"t"ly änd for 2009 Onty, Assessments will be Frozen for all Classes
Mr. Eric Ashby, Vice President and Mill Manager,. Domtar lnc. - eipressing Aþpreciation and Support for a Gont¡Tlllgn of the City
16. CONSIDERATION OF BY.LAWS: 305. November l8 MINUTES OF A REGULAR COUNCIL MEETING 2008 Page 8
By-law No.5-1-2426 . Official community Plan Amendment By-law, 2008 (Aberdeen Plan)
The purpose of this by-law is to amend Official -CommunitY ery.9Y-.1.T plan to KAMPLAN'^., ruo. å-t-lt¿6 to adopt the Aberdeen Plan as a secondary
Moved by counciltor o'Fee, seconded by councillor Leong' that By-Éw No. 5-1-2426 be introduced and read a first and second time.
CARRIED.
By-law No. 5-1 -24 27 - Zoning Amend ment By'law' 200-8 nñ/est H¡qhlands Comprehensive Development Zone F¡vel
The purpose of this by-law is to amend Zoning By-lary No. 5'l-2001 to add Wesi Highlands Gomprehensive Development Zone Five'
Moved by councillor o'Fee, seconded by councitlor Leong, that By-läw No.5-1-2427 be introduced and read a first and second time.
CARRIED.
By-law No. 5-1-2428 - Zoning Amendment By'law' 2008 (Aberdeen Golf Courseì
The purpose of this by-law is to Rezone approximately 64 ha of land that includes the Aberdeeñ Go¡t Course and adjacent lands, from FD (Future Development) to CD-5 (West Highlands Comprehensive Development Zone Five).
Moved by counciltor o'Fee, seconded by councillor Leong, that By.lãw No. 5-1-2428 be introduced and read a first and second time.
CARRIED.
B 306. 2008 November 18 MINUTES OF A REGULAR COUNCIL MEETING
16. CONSIDERATION OF BY'LAWS: (CONTINUED)
By-law No. 5-1-2432 - City of Kamloops Phased Development Agreement Bv-|aw.2008
The purpose of this by-law is to authorize a P.hased Development egi.;"rbnt with RUeráeen Highlands Development Corp. to àecure for a Zone põriod of ten y""t.,ìn" West-Higtrlands Compreheryll" Development Fiu", u" propósed under Rezoning Application No' RE200326'
Moved by councitlor o'Fee, seconded by councillor Leong' that By-láw No. 5-1.2432be introduced and read a first and second time.
CARRIED.
By-law No. 5-1-2429 - Temporary Commercial and lndustrial Use Permit Procedure Amendment Bv-law. 2008
The purpose of this by-law is to amend Temporary Commercial and lnduitr¡al Use permitþrocedure By-law No. 5-1-600 to require additional information to be supplied to the city to assist in evaluating different types of development.
Moved by councillor o'Fee, seconded by councillor Leong' that By-läw No. 5-l-242g be introduced and read a first, second, and third time.
CARRIED.
By-law No. 5-1-2430 - Zoning By-law Amendment Procedure Amendment Bv-1aw.2008 , - The purpose of this by-law is to amend Zoning By-lawAmendment Proc'eOúre By-taw tlo. S-t-2002 to require additional information to be supplied to t-he City to assist in evaluating different types of development'
Moved by Councillor O'Fee, seconded by Councillor Leong' that By-láw No. 5-1'2430 be introduced and read a first, second, and third time.
CARRIED.
I 307. ZOOE NOVEMDETNovember 1ð18 MINUTES OF A REGULAR COUNCTL MEETING 2008 Page 10
16. GONSIDERATION OF BY-LAWS: (CONTINUED)
By-law No. 5.1-2431 - Development Permit Procedure and Delegation Amendment Bv-law. 2008 and The purpose of this by-law is to amend Develofment P-ermit'Procedure Deleiation By-law tlo. S-t-e277 to require additional.information to be to tñe City to assist in evaluating different types of development' "rppi¡.¿ Moved by councillor o'Fee, seconded by councillor Leong' that By-láw No. 5,1-2431 be introduced and read a first, second, and third time.
CARRIED.
By-law No. 5-1-2412 - Ofiicial community Plan Amendment By-law' 2008 (127.135. and 141 St. Paul Streetì
The purpose of this by-law is to amend KAMPLAN-to change the,land use Aes¡önai¡on of the subject properties from Urban Residential to City Centre to provide a greater range of uses and marketability.
Moved by Councitlor O'Fee, seconded by Councillor Leong, that By-law No. 5'1'2412be adopted.
CARRIED.
By-law No.5-1-2413 - Zoning Amendment By-|aw,2008 n27. 135. and 141 St. Paul Streel)
The purpose of this by-law is to rezone the subject properties from RM'1 (Uuli¡p¡è Family - Low Density) to GBD (Central Business District) to provide a greater range of uses and marketability..
Moved by councillor o'Fee, seconded by councillor Leong, that By'law No. 5'1-2413 be adopted.
CARRIED.
Bv-law No. 28-21 - Kamloops Vehictes for Hire Amendment Bv'law. 2008
The purpose of this by-law is to amend Kamloops Vehicles for Hire By-law No. àg-ig to increase the age limit for taxicabs to seven years and the level of training for drivers to be in the SuperHost program.
Moved by Councillor O'Fee, seconded by Councillor Leong, that By-law No.28-21 be adoPted.
CARRIED.
10 308. 2008 November 18 OF A REGULAR COUNCIL MEETING MINUTES Page 11
:
17. REGESS:
The meeting recessed at 3:38 P'm'
18. RECONVENE:- community church at The meeting reconven ed at 10t21p.m. in the'calvary 1205 Rogers WaY.
T' Lange' PRESENT: Mayor T. Lake, councillors J. G. De Cicco, J. L. Harker' ¡. N. ieãng, p. C. Milobar, J' H' O'Fee' A' H'Singh' and P. A. Wallace.
chief Administrative officer R. H. Diehl; communityand corporate Affairs Oiréctor L. W. Hrycan; Development and Engineering Cultural ServiCes Director D. A. Trawin; Parks, Recreation, and services Director B. J. Mccorkell; Assistant Developmentand eng¡neerin! Services Director/Real Estate Manager D' W' Freeman; Planning añd Development Manager R. L. Lambright; Planner M. Doll;ãnd Legislative Assistant C' A' Newsom'
19. CONSIDERATION OF BY-LAWS: (CONTINUED) 2008 By-law No. 5.1-2426. Official community Plan Amendment By-law, (Aberdeen Planì Moved by councitlor Harker, seconded by councillor o'Fee, thai Eii:láw No. 5-1-2426 be read a third time and adopted'
CARRIED. By-law No.5-1'2427 - Zoning Amendment By-law' 200-8- ftí/est H¡qhlands Compreheñs¡ve Development Zone F¡veì
MAIN MOTION
Moved by councillor o'Fee, seconded by councìllor Leong' that By-Éw No. 5'1-2427 be read a third time and adopted'
AMENDMENT
Moved by counciltor Milobar, seconded by-councillor o'Fee, that the motion be amended to reflect the developer's permit family homes only in area amendment to single , râif"O Comprähensive Residential, increase property line setbacks, the northerly property line to be setback 6 m from the edge of the slope io-construct a 1.8 m goqq- neighbour fence õn the northern property boundary, and limit building heights to two storeys as outlined on the document west ftig-hlanO Gompreheirsive Development Zone 5 submitted by thã applicants at the Public Hearing held on 2008 November 18.
CARRIED. 11 309. couNclr- zoos t'¡ou"Ëto"t llÏilures or I necuLen rvlErr¡Nc 1å
19. GONSIDERATION OF BY-LAWS: (GONTINUED) 2008 By-taw No. 5'1--24 27' Zonlng Amendment By'law' oeve ropmãnt zone r ¡vet (conti nued) twest H ¡o n¡á n'ãl-õåmiiåirãis ¡ve
CARRIED.
2008 By-law No. 5'1-2428 - Zoning Amendment By-law' (¡Aberdeen Golf Course) o,Fee, Moved by Councitlor Milobar, seconded by Gouncillor irr"i Ú:l;* tlo. s'i-z¿ãg o" read a third time and adopted' CARRIED. Agreement By-law No. 5.1-24 32 - City of Kamloops Phased Development Bv-1aw.2008 . Harker' Moved by councillor singh, seconded by councillor inãt ay_É* No. 5.1_2432be read a third time and adopted.
CARRIED.
20. ADJOURNMENT:
Moved by Councitlor De Cicco, seconded by Councillor Waltace,ihat the meeting be adjourned'
CARRIED.
The meeting adjourned at 10:57 P'm'
Certified Gorrect:
L. W. HRYCAN T. LAKE COMMUNITY AND CORPORATE AFFAIRS MAYOR DI RECTOFYCORPORATE OFFICER
12 31 0. COMMUNITY CHURCH' MINUTES OF A PUBLIC HEARING HELD IN CALVARY N9yEMBER 18 AT 1205 RO6ERS WAi;KAgloops, ec, óÑ TUESDAY,2008 7:05 P.M. Harker, T. Lange, Mayor T. Lake, Councillors J. G. De Cicco, J. L. PRESENT: and J. N. Leont, n. C. Milobar, J' H' O'Fee''A'H'Singh' P. A. Wallace. Corporate Chief Administrative officer R. H, Diehl; Gommunityand AffairsDirectorL.W.Hrycan;DevelopmentandEngineering Cultural Serv¡cei Director D. A. Trawin; Parks, Recreation, and and Services Director B. J. McCorkell; Assistant Development eng¡nãei¡né-Sé-¡""t Director/Real Estate Manager D' W' Freeman; planning añd Development Manager R. L. Lambright; Planner M. Doll;ãnd Legislative Assistant C' A' Newsom'
Hearing' Mayor Lake read the rutes of procedure for this evening's Public the Notice of upon the meeting being called to order, the corporate officer read Public Hearing as follows:
hold a. Public ,,The council of the city of Kamloops hereby gives notice that it will Hearing: TIME:2008111s(2008Novemberl8)at19:00h(7:00p.m.) PLAGE:calvaryCommunitychurch,1205RogersWay Ka.mlogpsZoning to consider the following proposed amendments to the City 9f for Kamloops Bt-G;ñ". s.1-200i, àtäñoni"nts to KAMPLAN: A Gommunitv Plan Agreement: àOOq, By-law No. 5-1-2146, and a Phased Development
Amend section tl: Growth Management, sub-section 3.0'SPECIAL 1. Policy 3.2' DEVELOPMÈÑT enets, specialDevetopment Area Policies, SouthwestSector,byaddingthefollowingstatement:
The Aberdeen Estates, Highlands west, and Taylor Property special by the Development Area policy Ëtatements as fotlows are superseded Aberdeen Plan (2008). - SECONDARY 2. AMENd SECt¡ON VIII: IMPLEMENTATION, SUb-SECt¡ON 3'O PLANS, PolicY 3.1, bY adding:
. Aberdeen Plan (2008). following 3. To amend the City of Kamloops Zoning By-law No. 5'1'2001 in the manner: a) To amend Division Fifty'Four, CÐ..(Comprehensive Development), ' Sect¡óñ S¿OO, Scheduté D, by adding CD-S (West Highlands Comprehensive Development Zone'S)'
13 311. NOVEMbET 18 A PUBLIC HEARING 2OO8 MINUTES OF Page 2
comprehensively Purpose: To orovide a zone to permit a õ":ñ;J ã"*Iopm"i t comprising s.in gIe. famiIy ãñã'il;lt¡plã tãtiry residential, develope{ parr ;ãd;. f¡tä stat¡on, smaltscale neighbourhood ;ñ-tb;;i"i än¿ passive open space' upwards of 850 to 1,300 new residences may þe developed in this area. b)LegalDescription:4fg-t!!g.n,oftheeasthalfofSec'26'Tp'19'Rge''r''-"- r'aiworv¡, x-o.Y.o., except Plans 33105,34J13' 40620, año kep¿2999; a portion of Sec' 25' Tp' and. rg, Rsie. 1-é, w6M, K.D.yq.;l-ot A, Q'L' 410 and ¿åb, ãna oi's"". ás ana 3-6, Tp. '!9..Rser]€' oi õ"c. 30, Tp. 19, Rge' 17, W6M, Plan 26324; Loiz, sec. zb anci zo, Tp. 19, Rge' 18, woM' K.D.Y.D., K4P47399. RS'1 Purpose: To rezone the subiect propertyfrom rs¡nã1" Familv Reé¡Oent¡ai't¡ wtrictt permits !i"gl" f"tilyäwçllings on lóts with a minimum lot area oÍ 464 m'
and from FD (Future Development)-which agricìrltural uses, a single family ..... õãit¡t" - ã*"iiing, þublic parks, and recrèation facilities outdoor
to GD-S (West Highlands Comprehensive ôLue¡opinent Zoñe'5) which permits churches, commercial convenience centres' comprehensive residential, congregate ñóuéing, residential daycare, co.mmercial davcare, emergency and protective services, àuäst súites, lõw density multiple family iesidentiat, medium den-sity multiple fatily . iesidential and single famiiy residential (with or without suites)
and to OS (Open Space)which permits parks' Passive recreation and to P'1 (Parks and Recreation) which u ra n ts' l""J[ H J"i["ï üi i ñro'?:Tñ¿' !?Ì'a
consider the adoption of a ten-year Phased Development-Agreement 4. To purpose bt.h* in tavôurãiÁberdeen Highiands Developrngnt corp. for the ãí pióuiã¡ng rði,¡"g üanilitv forihe development rights proposed. within the W,iJt Highlãnds Cõmpretreñs'1vg Development Zone'5. This zoning uses. Housing iióuì0"õ f"i;r¡,* .f iesidential,. c_ommercial and recreation consists of ¡ãtn s¡ngle and muÉi-family op.portunities. There is limited ñãigl.,¡ou.nõoã Coñmercial as welt as act¡ve and passive Park and Open Space lands. 14 312. 2008 November 18 HEARING MINUTES OF A PUBLIC Page 3
favour of Aberdeen Highlands This Phased Dèvelopment Agreement is in a,subseqYgnl gwner' provided Development corp. and can.be-ãssignea to the-west Highlands the owner can demonstrate tha;bj€)-cl¡ve of õompretrensive Development Zone - 5; affected by the adoption of All persons who deem their interest in plg-per-ty to iñãóitv Zonins Bv'law the propos-eä ã|Îlãnàrents iLxhmlôops Plan for Kamloops amendments to äãMPiÀÑ' À cottunity No. 5.1-2001, development zool,ev-Ëw Ñô. s'r-zr¿0, an¿äaop{ol of th-ephased ugr""r"ni;;à;i"h io rãöi"tJrãïõp¡n¡on may appear at the said Public Hearing." By-law' 2008 1.2.3&4.Official' Community Plan Amendme-nt tn¡ãiã""n PtanXBv'law No-' 5' 1-24291 Þeiôn¡ng Appliôätion No' RE200326 olf cou rse) i ììãs L¡ ñr"'way) 9 Ñot. s'iliqzt-(lo-erde.e¡ and 5'1-2428) ìel:f"r Aþerdeen Golf course þ"ri"å?ä Ñ;l,tñ;"i Ãöt"ãtgnt lo.r^!l1e 1 advised that the corporate officer introduced the application and The to this application: following correspondence was receiveä w¡tn regard
Correspondence received opposing this application: .TylerRobertson,206g.Glen.mohrDrive.citingvariousreasons holes of the òópo"íng th;iii"ñáid;;ithe remainins nine Aberdeen Hills golf course' .Ph¡lipandMickyBarkworth,ll05St.AndrewsWay'.advisingyh?!" local residents vatuable couise ¡s to the surrounding ñr;ppÑñõ-¡iJ""i"îíftãôóif oãù"topment into a residential/commercial develoPment. .AshleyBarkwoÉh,ll05St.AndrewsWay.advisingthat.Aberdeen for many Hills Golf course is a source of enjoyment and exercise peoPle. how . and Catherine Applegath, 6 ' 2080 Pacific Wqy'inqy-lring M¡ke Pacific Way and the City w¡liäeãl-ù¡tn'tüe É"yê ôf egress.from 2-080 õpe{lng around blind corners in citins regarding the area,"onr"iñJiåöäidilt-g *"ll'ãJiñqu¡ing "ãrtí.íé" about tire City's.approach wãrñ¡ng'I¡ghi;;ï*ffa;"r éiicteõ, speed control. qgl:"t' and the alternate tr"ffið pãtt"rn out of tñe newly developed area. impact of . Jim Begley, 1475 Westerdale Ðrive ' requesting the full be considered and any inìi ãeüelóbräñt ôñ in" neighbourhooð . ¡" ðontingent on a¡ documented devetopmeñiäiäppi.üal !¡9lusive personal plan to ñ¡nitàl impact to-ttre environment and privacY."n"riä "
15 313. 2008 November 18 HEARING MINUTES OF A PUBLIC Page 4
By-law' 2008 1,2,3&4.' Off icial Commün ity Pla n.Amend ment "-''- (AUãtã""n PlanXBy-law No-5'1-24261 Þðiôn¡ng Appliêätion No' RE200326 iìrãs l¡ñrj'wàv) (Ab-erde.e¡ Golf course) ieyl"* tros. s'i-zizl Vna !l-??P) course þiä::ä ffi;l,"ffi;i Ãö*çtg"! ld.L*" Aberdeen Golr
. Letter Provided bY: - Garnet and Karen Woodford'2?!7. Nqiln Place - Barty áñA Lauri Salonen, ??{9 l'¡a¡tll Plac-1 - Gary g"tb Luciw '.2243 Nairn Place' and . Bry""-åñd-ðà-r,"îO egàgr -1lztg Nairn Place.opposed.to 119. __ t"toi¡ñöãin" Àuõtdeen Gotf Course and requ-esting.that as tn" råäit"îË;f N"ùñÞ¡á"e they receive a similar and ánd open spqqe bufferzone, with the same equ¡tãîp:Ë'ùìlãing areas slated restr¡äi¡on oä ñà¡éfrt anítypã'of buildings as the for new develoPment'
Correspondence received supporting this application: that takes . Ken Soneff, 1167 Burgess way - supports development into consideration: of g¡e.e1 space; - Preservation centre; - the g;úîàii"ã ãluo noüse tô become a community - contrãi'&tränìc sfeeo on pacific way and the road to be safelY maintained at all times; . exteí"iä" ääoliaãen Drive to Gopperhead Drive to be ¡etõre or during. develoþment,-of Phase 1; to]nplätéa the _ concôin tor development a-long ?uðjfi" w-ay south of ptura Hins Church and äàðåéä-or of Pacifió Way due to traffic sight lines; and - the development on wildlife habitat needs' "tiäãti'oitñe The Aberdeen Plan and The Planning and Development Manager reviewed the application päs;ëä'ñrshi¡shG of fire AberdeenÞtan (ptan) includins: Department has been . The Development and Engineering -S9IYic9s working on lf.tãÞian s¡ncðthe fall'of 2007 in resþonse to increased in response àevetoþmenì fr"rJute and_deptetion of zoned land and io inq,i¡r¡"s reþarding a vision for the Aberdeen area. . ih; ünàer¡viñõ ñeeáïas to meet projected.growth demand; KAMpLAN antÏcipates a 1.25 per c-enf growth^rate from 2001 to.20.36 (populatìon oi..!-1-!!'0001' per cent iöòöul"t¡on-ot ao,ooo) -4-8 of the growtñ'lJãñt¡ãipatea to-öcóur in the Pineview, Dufferin, Upper éana¡i,"and Aberdeen ãreas of the Southwest Sector. . The Plan's mãjòr goals are to balance growth in a sustainable manner an¿tõ ieãognize and protect important environmental values of the neighbournoot'6 314. 2008 November 18 MINUTES OF A PUBLIC HEARING
The Aberdeen Plan (Continued) an ope.n house . The Ptan received extensive-óôóp public input,.including ne ¡.g. L ¡ meeti n s's w ith the aue n de d ovîüLùõô 9oï!-o:,1placecl ^ -, ¡ntoimation",' and an ónline slrvgy that were ãðloõ¡"t¡oñ,ãnã Services on the City'åüetËiiè; in" Devetopment and Engiñeerin-g Department;i;*;i.;á *¡th laróe tandowners in the Aberdeen area to determin.-åï"ópiôpriate use óf land and with the Grasslands ôbnservation Codricil,' which supports this plan' p¡an lorii network improvements, specific . The ¡Oántlflõ;liätt;"d the intersection!'äñã tõ"Os that will iequire improvements in short'and loirg:iärmãno recognizes the importance of alternate forms of transPortation. . it plan allor¡ris-the Development and Engineerino Services " ãÈlã¡ñ aO¿ ¡tionãi ãevelopñent appiova I i nformation Departmentiö the citv before ¡Cliäñiãã t9 rãzonins.aeef¡q.li9.ns to allow u-rbån/wi ldl ife i nterface, view, more i nput"pproî"¡ ñ.t- ðà"-¡rän mànta¡, traff¡c, issues. and toPograPhY the . The plan suöpórti ttre development of- a golf course- through óðrprãft"nJliã Oátôlopmentione with imix of residential devel opmeni,-, x"o ude d-evelopTeLt, a nd smal l-scale um density residential' ðómmérc¡al/riredi active play . The plan ¡Oenilf¡eã ã J¡t" toí a new fire station, and a new area adjacent to the clubhouse' . inã phn ¡dentii¡e" trail and witdlife corridor network. " on the The Planning and Development Manager conctuded his.pjgs.eingtion zoned FD (Future Àüãi¿""n ÞËn Uy ãã"idüg t¡at the-gõlf course is . 'üä"|'"ñîiiii'*;;-¡a"ni¡t¡"¿ as Géneral Urban Reserve before that' A two nrivate covenant wãé put on the property in the early 1990s between i"-"di;;iáä thãioãs¡gnaieo itre óovenant wóuld be attached to üüË has now certain lands ,o, terrñ of agreement. That covenant lapsed. ^l-year
17 315. NOVEMbET 18 PUBLIC 2OO8 MINUTES OF A HEARING Page 6
P lan.Am: By-law' 2008 1,2,g&4. Off i cial Commùn ity ryP.?1l (AË;ã"ãñ Þlan)(B-y-law No 1'242^6) Þezoninq Appliôation No. RE200326-5' U185 Uñfs'WaY) (Aberdeen GolfGolf_Course) Co Ìs.r-l"w trlos.¡los. s-i'24e7S-i-2427 and 5-1-24?P)5-1-2428) iey-law ?nd Aberdeen Golr course Ëd"::ä Ñ;r'ñ"ñi Àôi"é'gnt lcir^ife nued)
Rezoninq APP|ication provided overyiew of the The Planning and Development-Manager ? 9l9f fgr tá{s åoiage4 includins the proposed rezoning-ãpó¡i"äiñ !,9 "Ld huérdeen Golf course at 1195 Links way, and aovlseq: develop . The applicant has submitted a rezoning application to áôpróär"tå¡V'ôîn"*âres, inctuding tñe Aberde.en Golf Course' . The p.opo"ãi'in"iúã"ã á *íde varieti of residential development Plan along types anO Oénà¡ties and meetsthe iñtent of the Aberdeen ni¡irr a m¡n¡ñüñi ð'0140;ài¡; of multiple familv to single family residential develoPment. . iñcluAe a new fire station site, three potential õthðif,ighúÏtl open space. ñdighoõürhõoa active parkland, and a result of the . Grounowate-r ¡ñtl¡it"iion"òrrerciatsites, is expécied to bé reduced as devetopme;i,*hilili¡gãi¡"n'¡" no tonger applied to the Aberdeen Golf Course lands. Engineering The devetoü'ñworkedwith the Development and Services Dópilt;;iãnA tn" neighbourhood to widen corridors; i"!tri"t uu¡lá¡ng heights and types and relocate pathways. M-anager conctuded his presentation-on the The Planning and Development the rcåiì ãñ 6t ãã;Ëi ;s that ihe c ity has worked closelv.wjth ;;;i;ö'äöËl which include appticant to create ä ñé*iompiehensive deúelopment zone ilð"ìãùõ ã r¡nirur-"ràl ãnU-ðommérc¡al mài¡mum number of rñixed new residential units, ãi!ili;öî; r3òärc components, pl ayi ns f iel ds fir active and a nãtwórf of open space ior passive recreation' The ËtïäiËn, and äi,î¡iðàäòä r,uË ¡"ãñ iãuieweci from an environmental, traffic, and Engineering Services õããä"h"¡¿at persf,åci¡ve ãnd the Development óepartment sir pports this application'
phased development The Planning and Developme¡t.Manaqer outlined the and advised aoreement for the-iàói"lrt¡on ÃOäiAä"" Golf Couise at 1185 Links Way permits the citv t9 a Phased ;ilñîí;äiål ! Îto develop-eq "l!91 specific äãu"iòpr.nt agrõemènt witn the !g.n¡9vide _ õñ¡"õñni r¡értti;'il-tn" of the West Hish¡?Fg Comprehensive óãiãióþrã"i 2ón"-'S, ttre City"át. has secured tne rights for parkland and future open space in'excessbt ttre amounts available under the Controi'Èt-lã*. the appticant has ag-Ie9g to these additional Subdivision proposed contributions Oased ,óoñ tf't. t¡narii¡al return avãlable under the nãs ägreeo to purchase-approximately 15.3 hectares of ;;¡"$-ïñ;-Cú cost park a-nd open spaðe, .ã36 hectâres for a future fire station site, and 1B 316. 2OO8 NOVEMbET 18 PUBLIC MINUTES OF A HEARING Page 7
2008 1,2,3&4.. Off icial Commùn ity P lan-Amend ment By-law' (eberoeen Plan)( B¡¡-lay t'to. äàzoninq Apptiêàtion No. RE200326-s;!fi!f) (1185 L¡ñks'Wav) (Aberdeen Golf Course)Co (By-lawiev-law Nos.5-Nos. S-i-2427 and 5'1'24281 Golf course þiaää ôã"å1"ót"ñi Ãgt""tgn! !ó.r-t!e Aberdeen No.
previous.ly dedicated share on the construction of-¡ certain roadworks o-n^a. ö;¡ñ;iÀo"io""lióiwd p"iõá¡ot property 6.8 hectares in size of future open spac" *¡l¡-åiJó 6e'trànsferräO io thê C¡ty if this development proceeds. presentation by The Planning and Development Manager concluded his . *¡l¡ roùnd out the Southwest Sector, and is åä"¡å¡"g ïh"î tn" d;;;Ëóñ;nljðuno t*iã àñuirónmentáliy than expanding in other directions'
Ms. Chris Bebek, Aberdeen Highlands Development Corp', applicant:
. Provided a brief PowerPoint presentation entitled "West Highlands Rezoning 2008". . À¡tised-that ãnvironmental, economic, and- demographic concerns wãre taten into consideration when designing the development' . Advised that iñe phased development agreement will allow a gradual shift to aôcommodate changes over ten years. . Ãdvised that neighbourhood conceins were taken into the applicant su.ggelted. an considerat¡on, âñA in response - i- -?... amendment to the rezoning application to perm¡t only slngle.Tamlly äóm"s ano to ¡ñcieaJe set-baå¡is from property lines in specific . areas of the proposed development which may impact prlvacy oI existing homes. nearbY the . ln addition, ä'ild õöoo neighbour fence will be constructed along northern ProPertY bou ndarY. . ËiþËIn",ígiãiiñäî¡nãn"¡ãÍviability of the solf course is uncertain; ãsäãevelopôi, it tlté viability of an amenity is questionable' it is üãraily not'beét to create a dlevelopment around it' . Stated that tãlt p"ople respondinþ.to surveys indicated that they ;;ùld pi"t"r paif tb a goÉ coursõ in the neighbourhood; however, Aberdeen ¡lighiãiAJDev-elopment" Corp. wjll.cbntinue to operate the gðli fór up to five yeárs as long as it is viable' . Ãdvised"out"e that the-developér is a local business and owners are iò"g-tlr" kámtoops residents; the business has an excellent réþütãtion, is com'mitted to the development of quality neighbourhoods, and supports local businesses' . Èstimated that economic [enefits will potentially include ãpproi¡mat"ly $Z.Z million in Development Cost Charge.s. generated wtien the devälopment is built out; 275,000 workdays willb.e öioï¡d"¿, $gS m¡il¡on invested in local payroll and $300 million invested into the construction community' 19 317. November 18 HEARING 2008 MINUTES OF A PUBLIC Page I
2008 1,2,3&4. Official Commi¡nity PlanÂmgryn"*l By'law' feUerAeen PlanXBy-law No. 5-1'2426) äezoning Appliôàtion N9. REl09,316
applicant: Ms. Chris Bebek, Aberdeen Highlands Devetopment corp., (Continued)
her presentation by advising that growth dictates that . concluded live property ru"î üe iezoneO tor äeve¡opnigTt aJall residents now that the on land that was once open space;.piovided assurance Cou nci I ãörjl ¡ðàni ril i'p-"ôãO réspon'si b$ ànd req uested that sl¡þport this aPPlication. of suppg-1t the Mr. Michaet Ternier, applicant, submitted 65 letters fo¡ , ;Ëp¡Ëãiñ" toilré råðäioing sôcretary for incrusion in the official record.
Mr. Brian Hayashi, second vice-president, canadian Home Builders' Association iCHen¡ Central lnterior:
. Advised that-oï the CHBA is a well-established member-driven H i g hta nds Devel opment Corp' is a tðrpóiat¡on r"ft ¡ Aberdeen "lt this application. loïöii"n6¡ng ,"rb"r, and GHBAéupportg . . _ -. . Adùse¿ nOËrOããn HlSitrlan¿s Develoþinent Corp. has demonstrated its commitdda[j Oäãt practices for housing development in fiãmioðpi ¡n-otfrã àevejo_p_ments and is a good corporate.citizen' . Advised thai räîV õi CnÉn s members construct homes in the new Aberdeen area ãnä look forward to buying lots in the proposed develoPment. is . Advised tnalihe City's Planning Division has indicated there which to build' i¡*it"O lãná available ln Kamloops -on . Adv¡seA""*',""0 consiù"iiôn generates one-third of the local economic ã&iu¡ty anA ñàjãirem-endousty- positive spilo{! for example., each house buitt creates two years ót'emptoymènt in the construction sector. . iñe CHBA feels Kamloops is uniquely positioned to continue to experience positive growth in.the housing s.9cto¡' . conctuded 6váãu¡"¡ig that when built out, the CHBA believes that the propos"ãAeu"iópñrent will add tremendously to amenities that KamlooPs has to offer.
20 318. 2OO8 NOVEMbET 18 MINUTES OF A PUBLIC HEARING Page 9
0 P ta n.Am By' I aw' 20 I 1,2,3 &4. Off i cia I C ommùn ity : qdn"*l t ¡"ráeen PlanXBV'law No. 5'1-2426) ìiÀ'.'n¡noRezoning looliôätionApplication No. RE¿uurzbRE200326 (fi ìiãã 185 LinksL¡n-r"'Úay) (Aberdeen Golf-course) Nos. 5-i -2427 and 5-1'2!?,8) isy-law Golr course Þiä::ä Ñ;|"il;ñi Ãöi"ã'gn! !cí.r-t!e Aberdeen r85 5-1-
Mr. Wilfred Connor, 93'2022 Pacific Way: since . Advised he has been a member of the Aberdeen Golf course and thoroughlY enjoYs it' 1991 that a golf . Advised one of his concerns is that the Cityìlas indicated to iùnl nowãver, if the City converts the g.olf course ¡t golf to "ipãhi¡""pàiñiåîà, tit"i'ð *¡ii U" no ievenue ai all, but.as a course yearly member course, t"uánùã *óula ¡e received in the form of fees and drop'in fees. provide an . Feels that ¡nirrå'w¡ñiár time, the gotf-course w.ould excetlent skating pond, toboggan hill' or sK¡ nlll' . õ.t';ãJËinl ilrat inäãuÑ"v asked whether citizens would conctuded most people like to naveãpaìkqrãgolf course and suggested that would re"ponäi-ttaittràíwould love a park; however, the- average as a golfer would ö"rêõn ls hot likely to use a park as eitensivety use a golf course. Drive: Dr. Aristotle Azad, representing residents of westerdale . Advised that after a tong negotiation, the residents of westerdale Drive have come to a compromise aóceptable to.both themselves and the Oeve¡öpãi, añA ret'erred to the developer's amendment document *Ï¡Jn *ãl iubmitted to the Recording Secretary by Mr, Michael Ternier eartier during this meeting' . Advised the âöi""t"nt is not peîfect, but believes that it is the ctosestthatth-etwopartieswillcometoaconsensus. that . Concluded ¡láOu¡ling that peopte are resistant to chang.e and is-normat, bul iË outãtan¿¡ng iésues have been resolved and residents of i,tãsterdale Drivõfeelthat they have made significant progress.
Mr. Dave Schemenauer, 2080 Pacific Way: . Advised that his complex has a safety issue with access and egress from Pacific WaY. in . Adv¡seU tnátlmórou"t"nts should be made to the road system coniunction w¡tfi any development, and.that a third center lane ;iltiä Ëiñðóióõiáted befoie the development is constructed'
21 319. 2008 November 18 MINUTES OF A PUBLIC HEARING
By'law' 2008 1,2,3&4.-- Off i cial Commùn ity P lan.Am gnd1qr! (AberAeen Plan)(By'law No' 5-1'2426) hezoning Appliôätion N9' RE200326 l¡ñrs'w-ay) Golf Cou rse) i ì rãs -(lb-erde.e¡ Nos. s-i-z¿27 and 5-1'24291 iay-law Aberdeen Golf course Þr,ä"ãá Devetopmeñt Àjreemgn! lo.r^t!e
lnc' for the Mr. David Dean, Transportation Engin99rrp.c. Dean.Associates *"óñd"d that Päcific WiY and. Aberdeen Drive are ö¡tyï-xãrlooós the ðùir"ïtiv ubte tb rra-ñ&ã iñá of traffiê in the area; however., or H;w; Róáà "àpàc¡tvnâ" beén identified as possiblv requirins four ;;riñ'õrt¡õn road lanes in 20 years *ü;iË pôpulat¡on has grown to require those d. itåãn'iuiti"i ãdv¡sed tr-at tre southern portion of Howe iñb;;r;ñG. in a more Road is wide i"óuint tines in order to use that roadway efficient manner."nouiñið
Mr. Darrelt Edetman, 2155 Westerdale Court: . that where the proposed development is located in the Advised quite Westerdal" ðôutt ãt"", tt e iubject property þgcop.e.s stegg witt require a gabion retaining_wall; advased nls concern ls which perhaps that from fr¡iïáck pãt¡o, the view wîl be a gabion wallwith a fence on toP of it. . Ãé;ôeã w¡tñ-ö r. paaAthat Aberdeen Highlands Corp. has tried to wórk with the current residents. . À¿v¡sed thaiiiihe actual development could be contained on the ;'ËF¿¡d ìã noi buitt down on tËe ridge, his concerns would have been addressed. . Stated there ¡J á neeO for traffic control on Pacific Way and improvements should be done now rather than when the develoPment is built out. . Advised tha[Pãð¡iiJW"y is difficult to cross particularly in the w¡ntet as sight lines are-reduced or blocked' TheDevelopmentandEngineeringservicesDirectorresgg¡f9f.1.î{-:tfl wáifeO the iite several times with the developer; the area ¡s flat where tne oolf course was and then becomes steeper and drops gff ¡n a s.lope near gabion üË;t"r&iã.'-in" ã"uàtopment will require earthw-o-rks, but Y3ll" .. have not been a part of the plan; however, as it will þe part 01 a multl-Îam¡¡y ;;;ã,-C;ril¡i w¡il neeA to aþprove the development.permit prior to-the ;órnññàñnt of any bu¡là¡ng. Further, KAMI!-A.N discoulages- the use õiéã-6iilt"ãns anA áéks deveiopers to work with the land; if g.abion Yall? ãie"use¿, they must be 3 ft. high'or less. The trailwill be constructed in the fùt ;*";'buiít *¡¡l follow the ñatural stope to connect to the Westerdale extension for neighbourhood access.
22 324. 2008 November 18 MINUTES OF A PUBLIC HEARING Page 11
1,2,3&4,Official Community Plan Amendme^nt By-law' 2008 ( I ttt o-. (Abe rdee n P I a n ) Bv- ag ilezoninq Application No. RE200326-s¡!'!l^z^o) (1185 t-iñXs'Way) (AÞerdeen Golf Gourse) iay-nw Nos. s-t-2427 and 5-1-2429) ñää ü;;¡,rpr¿ñi Ãgi"éren1¡i11¡e Aberdeen Golf course
Mr. Jerry MacReady, 955 Heatherton Court: . Advised he has been a member of the Aberdeen Golf Course since tgg¿ anO fraé Oeãn involved in the junior program since 1996; approximateiy 40-88 children from eight to 19 years old are members of the junior program eve.ry year: . -pr;õJAdvised manl näigl.tbourhóod residérits O¡¿ not get.involved in the àuiiíol"Ë iney naA been assured that a 9-hole golf course would be retained. . Àdv¡seO tnafmãmOers of the Thompson Rivers Unive-rsity_golf team thàt won the Canadian Championstiip recently cSme from the n¡erOeen Golf Course junior'program and that this golf course cannot be rePlaced. to take place . érééËl"d tfülã" the majority of .growth is. anticipqlgd ¡n ä¡; Aberdããn área, childreñ of those residents will need recreation and adviséd golf is a wholesome activity for young PeoPle. . bró'gested that by keeping the clubhouse openyear'round, an adãii¡onal source-of revenue could be accessed'
Mr. Don Mann, Z144-Willowbrae Court: , concurred with Mr. MacReady in that many young famili.es with ðn¡¡Ar"n w¡ll iõcaià to the Abérdeen area a-nd requested that Council cons¡der very ser¡ously that these young people will need activities. . éréé;iteA iñat a crosé-country skí trail-could be implemented on a usãr-pay basis on the golf course in the winter time' . Adv¡éed ttrat a rounda6out is a great idea for some intersections, Out not in Aberdeen because ofþedestrian traffic in the area around Aberdeen Elementary School. . ÁãAed that if a fire siation is constructed in one of the subzones around the elementary schoot, emergency traffic would increase safety concerns. . Noteá ttrat subzones are expected to be implemented for commercial uses which coti¡d include a neighbourhood pub; requested that pubs be removed from the permitted use so that even a s'eparate appioval process coutd not allow construction of one in this heighbourhood,'as drinking drivers or staggering pedestrians are not desirable features in a school zone.
23 321. 2008 November 18 HEARING MINUTES OF A PUBLIC Page 12
By'law' 2008 1,2,3&4. Off icial Commun ity P la n.Amg ryg""1| teUãtã""n Plan)(By-law No. 5'1'2426) Þãôn¡ng Appliôàtio.n N9. REl09.3:9 iì rãã l¡ñrJ'iruàv) (Aberdeen Golf Gourse) Nos. s-i'2427 and 5'1'24281 iey-¡"'" .. Golf Course Þträsed Development Agreement fofihe Aberdeen No
of the nearby responded that a roundabout was chosen b-ecause Mr. Dean traffic because of the elementary school,äs ã tðuñAà¡out s¡cws down rou ndabout q u i ckly' def tecti on an gte; tt"î'Ë;ñ"tïã9óti"te the pedestrians walrin!'i'h;;ö'ñi¡,tis iniãriection will have to cross only one one direction' time and n-eed-io ioof for traffiõ tòm¡ng from only lane at a proveñ statistically to increase. Further, modern toü-n-J"b*tl have been . ;i;î;i;'i;ãtrió o/tåiìi,ä"" oo ãna ao per cent where thev are implemented' Mr. Nikhil Desai, 2114 Shaughnessy Hill: present tonight to show . '"ìidiã*Advised council he is 12 years old and is ro|, íhì; cÚ a.n! fo¡. the Aberdeen Golf course. of the Aberdeen Golf . Read a tetter summarizing the óó"¡tiu. O"nefiti leffer to the Recordins Course to vå,iÀ"ö'öòäóËãnã aüot¡tt"O the Secretary. .concludedhispresentationbyadvising.thathe.ising-upportofthe golf course. developmeni,-nirft"quested that council save the
Mr. Harry Bicknetl,989 Garymede Court: if it could just . Advised that he too is in favour of the development Aberdeen Golf Course' include the 9-hole year' . that 60 members were on the junior golf program this Advised junior. progr-am' n¡vers-nóie Golf Course had onl'..lg in its white golf cou.rse . graÏ lãbã¡¡ty i" tt i""u" as cñ¡ldren walk to the Adv¡seO spend the and as N¡khil'oãiäi'rãntioned" in his presentation, often entire daY there. after . E¡gnt young þeãple obtained college golf sjh.olarships program at Aberdeen Golf course. ãiön¿'¡ng tñe'¡uriior year . Advised thaidhe'Ãoéroe-en Golf Gourse was profitable untilthis joined other courses and that ctrantõa ónry O""urse many members Golf Course was recíuced to nine holes; if the when Aberdeen would Aberdeen Golf course had a certain future, the membership likelY increase.
24 322. 2008 November 18 MINUTES OF A PUBLIC HEARING
2008 1,2,3&4. Official Community Plan^Amgryff;1l By'law' (AberdeenI berOeen PlanXBy'law No. 5'1-24261 hezoninq Appliôätion No. RE200326 (1185nß5liñfs Links WaY) (Aberdeen Golf-CouG olf_Course) iay-taw t¡os. s-i-z¿27 and 5'1'24?9) þiää Ñ;t"ñ;ñi Ãö*ãtent fdr the Aberdeen Golf course
Ms. Catherine Applegath, 6 - 2080 Pacific Way:
. -C"qu-esieoAdvised she is not opposed to the development' . a "Gaution'Hidden Driveway" sign' all . ¡; p-tãããeo tó unãäiJiuná tnat Áberdeeír Drive will be extended through to Copperhead Drive' thè way and . Concluded nväàu¡"inö inat the Karhloops population is aging' pù¡¡¡ng out oñto Pacifió Way is frightening for them'
Mr. Christopher Groenendyk, 2304 Abbeyglen Way: . tnquired how, as Aberdeen Drive is a commercialtruck route, iüitãillng fouiîãn"ã wiltworr, particularly as trucks will not be able to negotiate the roundabout' have one Mr. Dean advised that both Pacific Way and Aberdeen Drive will four-lane area is to lane for traffic ttaväilùg ¡n-éu*t A¡tectíon;-the- propose.d through to Ë-lo"ãt"O furttrer ãwàlon the Howe Road extension . oi¡u".- rüítñer, truc.ks.witl be able to use the roundabout by õ;pñ-hão as utilizing the apron ¡t neðäiäaiy, but as Aberdeen Drive is not envisioned ot'ääñõãiõ"1ói.ds. route, on ty tru cks del iveri ns .furn itu re' ; ä;;bråt¡õn this or other goods to tne nË¡gñOó,itñ"od residents-are expected to utilize road. . Advised that 5,000 minimum sq.ft.for a commercial development site is largeit-lian a smatl corner store as referenced in the repoft. g g Department il¡tt"" Ëiifr" Oéuã¡opme nt and. E n i ne.eri n Servi ces iäéãiai"é 1'r" i"ion¡ng appl ication;ãda¡t¡onally, there are multiple stõres at-ttre-notiom .r:f tfré n¡¡l only I km away and people will continue to drive there for their shopping needs'
and Engineering Services Director responded that The Development suite 5,000 minimum tt. ¡nciúdes thãtotal Commercial site ärea, not one size. "q.
25 323. 2008 November 18 HEARING MINUTES OF A PUBLIC Page 14
m ù n ity P la n-Amg By- I aw' 200 I 1,2,3 &4. Off i ci a I C om 4p."^1t raUãrãeen PtanXBv-law No. 5'1'2426') ilezoning Appliôâtion No. RE200326 iìiãs l¡ñxJ'way) (l¡-erde.e¡ Golf course) Nos. s-i-2i27 and s'l-2a281 iey-l"* Golf Gourse Ënäåää Ñ;t"ñ;;i Ãöõrgnt !í1!fe Aberdeen Bv-law No.5-1-
Ms. Twila Burgmann,2165 Westerdale Court: perceived lack of . Advised she has serious concerns regarding a information O-¡"ti¡óuted to Aberdeen résidents regarding this develoPment. . that at the 2008 october 2l Council meeting,-it yvgs asçed Advised information a mait out *äiìd-be1"nt to all Aberdeen residents with ptopõöã ãã*lópt"nt, but instead info¡mation was sent out on the do with rhe K;Ë;p"ÏñË\,v;k many residents receive. "àwspaperwhich not in the . Advised that she does not feel parkslnaYe been-addressed Kamloops Aberdeen plan ãnã tfrãt the tack of a Parks Master Plan in is a deficiencY. presentation, theweb . Stated, as rãit¡on"O in the developer's - residents wairt moie parks, and tonight' tfe ðuñ"1¡Oeniifielihãl plan for focus t¡as oöeñãñ ti" gôf course' but she-did not hear a neighbourhood Parks.
Recreation, and culturalservices Director responded that.a The Parks, as parks Master pnnäãäs-nãeã iô ¡" developed for the entire community it was ihè a¿tr for the exiãiing Parks Master Plañ has now expired; budget discussions and the Parks' íO'õnt¡t¡"6 to GouncÍinËougfr that i{;Ë;r¡;, ano cúiiùràisã-¡""iDepartment is attempting to ad-dress itããàl irt" ¡erOeånäiäJttuJ been iàentified in previous Parks Master i"qu¡t¡ngãàãitiónãi pàrf space; a districl.park is incorporated in i;i"* as passive the Aberdeen"t Plan th¡;]nñi iñcluàe sports fac.ilities as well simitar tõ öãntenñial Park in'Westsyde. lf the development is öåri ã*"" plan desisn tdcüv óurctrases the lánd, a pa{s and ãöii.i"ãä-tJ"'iöii be created "ão concept-plans envision the club house to will be soccer used as a communiiy"nd-pi"ilr¡náíV centre, ihe pond for ice skating, and two fields to be constructed. . Advised that although the golf course has been discussed in terms ;ióà;iiun¿ inttre AËerdeeñ area, she would have liked to have seen mdre ¡ntormåi¡on on parks particularly as the number one request on the online survey was for more park space'
26 324. 2008 November 18 PUBLIC HEARING MINUTES OF A Page 15
2008 1,2,3&4. Off icia I Commün ity P la n.Am9ryn"*l By'law' tAberdeen PlanXBy-law No. 5'1'2426) äezoning Appliôàtlon N9. RE200326 iìiãã f¡ñrt'Wav) (Aberdeen Golf Course) iay-law Nos. s-i-2427 and 5'1'2!?P)_,-^ , þiää Ñ;t"ñdñi Ãôi"ãrgn! f.tlle Aberdeen Golf course 5.1
Ms.TwilaBurgmann,zl}SWesterdaleCourt:(Continued) in the Aberdeen The Planning and Development Manager responded that plan, trãi-¡ã lcient¡f¡eo as a"major'corridor, the Guerin Creek the skyline green space is is identifieà as a connector anA ihe preservatign 9l corridor Aberdeen Plan' identified in the CoË H-¡f¡ area. Ouring the.cräation oJ-the due tõ topographicalfeatures, wh.ere ;iãiüË" iOent¡t¡eO ãónitoini" the could Ëpiää anA tftosã âreað w'ere then'preserv-ed'. As connectors identified' Parks Master p¡an iJ i;f¡;;il;àai for active plav will be .Feels60percentmulti-family^development.istoo.high.for,the better' Aberdeen ur"" äñA in¡nfs a 50 per cent split would be Aberdeen . concruded iî;il;;;iãiú by'advising thatshe feels the ptan is à"á-iJ¿iêappointõd in.the qs canada'-s.. Çitv' to full Tournament"no,i.î¡õñião C"ä¡tul, for not us¡ng the Aberdeen Golf Course advantage.
Ms. Sherry Gill: .AdvisedshelivesapproximatelyS0feetfrom.theproposed rrl¡iäross it apþroximately six times a d?y... roundaboui;;d the . Advised sneìhini"ìii" a bad t'noice for ah intersection in Aberdeen iñqrit"¿ whether roundabouts are safe for primary ageA"i"ääitã cn¡¡Arenio cross as she has seen children about five years ðd wa¡k¡ng to school alone' . 'lnquiãa *trèir,àr-a traffic light could be installed on the corner instead of a roundabout. sig.nal or a Mr. Dean responded that standards indicate that either a traffic rouñ¿ãuout årrouláG instàl¡e¿, but not both of them. Mr. Dean advised iüilhä;p¡iti"i¡"1ãno"on the roundabout do provide refuoe for pedestrians as they are designeO.tor [e-Oeïr¡ånJ to *"it sãfely untiltraffic walk is clear. Mr. Dean írtttr"r adüised thai all children should b-e-taug.ht to on streets, cro"s*aiks and in this case, the roundabout safely; when ðros-ing tire rounUãbout, children will only have to cross one lane at a t¡rã, à"ä ¡ook one way fór oncoming trafflc, which is- safer than when ;;õñg an interseétión wrrere pedeltrians must look both ways for ãpbióåc"ninq vehicieJ. Ruerdeeir Elementary School may utilize a crossing sLärO to asðist chitdren to cross the street, but there are many goocl Ëä;rì;r ólõr;¿Ëbóut" n."t schoots which operate very safelv, and in iÈi;iù; ãr tiuit¡" uotumes increase, a traffic signalwill be needed as well. 27 325- 2008 November 18 MINUTES OF A PUBLIC HEARING Page 16
1,2,3&4.
Ms. Sherry Gill: (Continued) to find a crossing . 'gäá;butAdvised that the school has already attempted could not find a willing volunteer' a program to council advised that the city's safer_Gity coo.rdina!9r_!3s home safely as well' teach chitdren nowìäùãhiälcnool aná back
Mr. Allan Holmberg, 998 Hector Drive: .AdvisedhehaslivedinAberdeensincelgS3andwelcomesmore peoPle coming to the area' in the winter tim-e, b-ecause of steep . 'graäãiìnAdvised he has a few concerns; thã Áueraeen area pàiticutarty.on.l3.citic way, icy and èuggested-that if f,our lanes are too conditions ãã..ôn up the hill many, cou¡dñuãÏiìäã"iå i,ð ¡rp1;-ññied for traffic moving móv¡ng traffic tb move to the right? to ãl'1,'iw s¡ow throughway . Advised thaï pãór¡ciruay was designated to 6e a major and could accommodate extra lanes' in the middle of . Aberdeen il¡ve üi"nily ft"s t¡éuut¡tut boulevard make Aberdeen rhe two ¡"n"iiÉùt irrli'ðáúiã ¡ã iemoved in order to Drive a three'lane roadwaY. winter noted that he also has concerns regarding Pacific Way.in Mr. Dean be hesitant because of thä ;1-"!téi"ãã;-rro*ãuer, hã advis--ed he would time but that because the to go to a four-ta"" öñii,ärjutîõå U"toie ¡t ¡s required, wider tn"n ñôitñà¡, all users can be acbommodated safely'. lanes are likelv be Further, when tne iäáliis ¡tptou"¿ to piovide m.q'9 !T11,i!^*¡l¡ widened to accommodate bicyclists which is not ¡nexpenslve. . that he only suggested three lanes' not four' Clarified ten . Advised thaiäl"iiläOióËiñ prop"rty values occurred around years ugo riãn|Ëw Oetl'elot'ment was implemented above his íesidenée and naturat watercourses were moved' that water The Development and Engineering services Director advised ù"ãJ¡n ¡rtlöating thá golf'course lncreases groundwater; the ie"orm"nðatioñ täiJtuin-tne golf course tõa natural area could have a ;;;t ñ¡iive ãrect on the groundwater issue in Aberdeen. . lnquired whether there are any plans to create.a_middle school on some of tne fiäiareas in Abçfrèen area so that children do not have to travel so far when they a*ûrd high school' 326. 2008 November 18 HEARING MINUTES OF A PUBLIC Page 17
By-law' 2008 1,2,3&4. Offi cial Commun itY PlanÁm9ryn"*l tnOãiâ""n Plan)(Bv-law No' 5-1-2426) Þezônins Appl iôätíon N9. RE^209f?9 iì rãî tñdïilãv) (Aberdeen Golf Course) and s'1-?!?p-.-^ iey-r"* Nos. s-i-2i27 , þiä::ä il;;¡;}ffi;i Ãö'""'9i1¡i1t¡e Aberdeen Golr course
the creation of and Development Manager advised that durinq The Planning were ãpprogghed plan, i nterg overn ñrental agen-cies ..f-or the Aberdeen many there is input: Schoot p¡str¡ät #iä äãv¡õe¿ thai necausã of demographics' näAémanO for a new high school'
Mr. Tyler Robertson,2069 Glenmohr Drive: and joined just . Advised he is in favour of the Aberdeen Gotf Course this with his son. Year values and described . Feels the golf course is a g.ood fit for family hís effortsio find a way to keep the golf course open' . n" dipiored.ñrany oftions'including fi¡ding someone to Ä'iirräùgñ long'term operate or pulòhãiãihã gúf éourse,_feels that the uñãeña¡nty is unappealing to potential investors.
Mr. Phil Barkworth, 1105 St. Andrew's Way: Golf that his child is in the junior program. at the Aberdeen . Advised people also enjoy course, jr"iors, but ma-ny older "ninäüöiätion the golf course' exercise was restored' . Adv¡sed ttraiìñ ñ¡";ó¡ñ¡"" if the 13'hole golf course many members would return'
Ms. Clare Nugent, 1475 Westerdale Drive: that a letter was submitted by herhusband, Jim Begley' . Advised package âióné r¡g. óïäióôiåditî"no was inclúded in council's tonight. .Advisedthatsheandherhusbandpurchase.da'homeinthe år"Jnecause of the privacy it afforded. westerdale their . stre cán no longer u"" ttt" woíd privacy to describe Adv¡sed assurances nðme, an¿ tfrãlã¡thougñ Mr. Ternier has provided some iäg"ra iä-p¡åñilnitr""r, given.the gradg-Ì their home is now *ür, Council's within view of ätner pioposed-residences and asked for assurance that the buffer zone area will be maintained appropriately' . ih;ìIñîiaff¡cight on Pacific Wgv and Howe Road be úqJéãt"a is the moved forwärA- ¡n if,à planning process as the roadway residents' onlY access.
29 327. 2OO8 NOVEMbET 18 MINUTES OF A PUBLIC HEARING Page l8
2008 1,2,3&4.official¡'-'v- " Community Plan.Amendment By-law, (¡UãtA""n ÈlànXB-y-law No 5'1-2426) Ëã"¡;s ÁPPliêätíon No. REZoo326 (Aberdeen Golf Coc ou rse) iìlãii ìì aî tìl¡ñts'Wav) ñxïWätil{b-"rde.e¡ Ìóv:ru* ño'. s-i:itzz Vna st'!!!!) course Fd"å:ä ffi;ünñ;i üõ'q"itórll" Aberdeen Gorr
(Continued) Ms. Ctare Nugent, 1475 Westerdale Drive: Planning Division receives ¡E gyt{1tt99ll?i . Understands that the people ó,ìiãäli!-¡d"ñné tnät between 8,000_a¡d l0'000 KAMPLAN, 20,000 in the wiil be ¡ocatí¡ig iñiñå Ãoårie"n area alone, and it is sad no* àilttose rãsidents will have golf' Southwest Sector, present1 wnåîñài'itãñã¡i¡ó-nins lã ã ii'rrole solf. course would . tnsuired promotion to area an initiat lo;iñåiro;ia'l"t"iu" redeemed after residents. support of the flat area becoming p.arkland' . ls in parkland area and . Requesred tñi ö;r;;iiðóns¡gãi èitãna¡ng.the. area behind w;;ddaie oi¡ve gf9al recre.ational advised that the !9.a whereas' property either ftat or rolling hills, but slillwalkable; ¡iii areas appear to between ""pd;;s ilJand tnree, s19"ep, néav¡ly treed bã ; tot oi space, but are not-usable space' p,ãpãËJo irá¡¡*¡l¡be six feet wide with a fence on one . since the parklan$. in and öñïr," ótnei, ¡nqu¡red wh.ether the side golf course is likely the Aberdeen"t"ãõi.,iä" area coutd ¡e exiehàe'o since the not going to be Preserved' d;iñusband were not totallv aware that the . Advised tnatlîã;"d of FD cours" *ãä-tãäãã ro lÈutül'" óäî"¡opment);ihe meanins sotf potential purchasers. t-fuiùr" O"uéiðór"nt) is ndt clear for intent and Engineering services Director ad-vised that the The Devetopment future ;i'th; Ftt (F"iuré på*fop-menQ zõne is a holding zone for r'eading rhg perrylttgd us_es of the zone a ã;üi"präni. ¡ro*éuéi.ïr.t"n will be potentiat purcnaser-mäy;î9;"I*äinat dre cited uses are all that g i n g ces Deve I opme nt and E n neeri ññ ¡iËij; ãnä aOvi såA irt"t ttt" -Servi n gi a mendme nt to Zon i ns Bv'l aw õätñ;hl *¡ I ¡ i' ñìti"ãrãepi ÑoiS-t-ZOO1 to clarify"tåãiJ that issue in the future' big an . Advised that residents feet the developer did. not make as effort to ¡nform ttrãcommunity as they were led to believe'
30 328. 2008 November 18 MINUTES OF A PUBLIC HEARING
By'law' 2008 1,2,3&4.Off icial Coryp u.4!!V P tanÁmendment (Aberdeen Ëiâñitev'law No 1'24291 Ë;;"¡;ö ÁPPiiäätíon No' REZoo326-5' G olf c ou rs e) t ììãË ti ñrï!i-äyi11u-"rde.e¡ ey:r"'" . s-i:iazt FnååXiiläi;ffiÌ ñ"" ;;iÄil;;"ni-r-.í'il'"AberdeenGorf?\9 -?-!?:?,8) course
Mr. Garnet Woodford ,2247 Nairn Place:
.Advisedthathisisoneoffourhousesthathavenotbeenprovidedoriginal application green d;Fi"e"ñ¡thèr in the with öä""dïñ" provided concessions to or in the developer,s amendmãätt"tt¡"rt some other residents' have arn unsightty berm . Adv¡sed ttres-elðuinot""' on Nairn Place covered in knapweed for open space' that the and Engineering services Director advised The Development a fair amount of water; proposed warrwafirä'il'å¡ñàgãA¡tãft ðontaining ãi tñ" dlsisn s!9se sh.ould the- ih¡s area witt be ¡n ã Éarrsäãñ to "odtälJ"ä a 2d m w¡de strip wóuld be dedicated apptication o. manicured with and rhe"pprîüãã]iüttñ"t, Ciiii"Júùãdii,"it¡nå whether open-s.pace, tné city of th.e propertv' rhe ptantinss, or a natiTai;dt"il;;lä'Ëãtüä uàit uée Departmentwiil address this Þarks, Recreation, ft-driliã s"-¡"ãs it't¡i'application be approved' Ëõj "i,*i¿ TheParks,Recreation,andCultura,lservicesDirectoraddedthathe ã wdkway which will connect a envisions this area being constructeá-i"t" on in" r,¡il tõ uail fietds and the clubhouse. "äðãdiäãlä .Acknowledgedthatoneofthepotentialoptions.providedistoreturn ttrat the existins berm is the area t" ili"äiË;Ëöiñd ¡ii rtàteä not naturat' grade behind his house is . concern that becat''se the Expressed will be looking down higher Ü¡an-ñ¡s nor"à, tùo-"tojgv dufllexes inio fi',t four houses on Nairn Place' that for the and Engineering services Director advised The Development closer to of the ¡s rrig.rter, but as one.travels majority theref ore, trees wou ld D rive,"r"ä,'irrã'uäim gri äiff;;;iüi ä ¡ãápp""rs ;. Aberdeen öiãi" residents in the the have to be ptanted alông the.b.e1m"iåã-lãäirsure'that il;p.;"d riôm"" iannoi look into the existing homes' RECESS:
The meeting recessed at 9:45 P'm'
31 329. 2008 November 18 MINUTES OF A PUBLIC HEARING Page 20
6, RECONVENE
The meeting reconvened at 9:53 P'm'
PRESENT:MayorT.Lake,CouncillorsJ.G.DeCicco,J.L.Harker,T.Lange'A' H' singh' and ¡. r'¡. ieoöÞ' õ' rvl¡lonãi' ¡'H'o'Fee' P. A. Wallace'
ChiefAdministrativeofficerR.H.Diehl;CommunityandCorporateand Engineering Director L' W' Hry;n; DevelopT"l Affairs parrs, and cultural Director D. A. fra;inl Recreation, services Development and services Director B. J. ùcC;iüelt; Assistant oiráãtorlneal Estate Manager D. w' Freeman; Engineering services Planner planning and Devetopråni rvtun"g". R. L. Lambright; c' A' Newsom' M. il¡i;äã Legislatíve Assistant
I aw' 2008 u.n itv Bv- 1,2,3&4.off i ci a.l comm ?t l.fln: l1ä?Xl i-ÄË;ä ñ Èi ãnX e-vl I g i;1#3"6) Ë;;l;ö Áppiiäàtíon"Y ru9' ne!!P.s!! äiX o u rs e ) iìi-ai li ;rîif loS'd "."! I î lr"E ìBi:ffiü' .li:i¿zz ?"d 1'1'?:?P) Golf course F,i;å1ä ffi;r;ffi;;i Ëõn'ent rór ne Aberdeen
Mr. Bryce Egdell,2239 Nairn Place:
AdvisedhehaslivedinAberdeenforapproxipatelvsevenyears'Gourse, and is a has been ttre presiãä"iåi-trt" l¡eraeen'Golf i 32 330. 2008 November 18 lvuñures oF A PuBLlc HEARING Page 21 1 2 3 &4 ffiåt'frF#l*'il*ffi¿fir* :;"*'oo' No.5-1 Way: Ms. Joyce Groenendyk,2304 Abbeyglen not contacted regarding the . Advised that she and her husband were *"r"ãl"tté¿ when they saw the signs rezoning "dñ;äñ;_Ë'ui attended the ¡g_r:-g . ffiiT:3.t1,ll""råtli,I,Túsband .devetoper's.openthe developer are public Hearing ano reJls tnat the city and and this presentgdt in conflict *iiñiåôtd io info¡mation ' . á;¡säo sheìä nãi ópqoe"r - cómmerc¡al buildings be-i¡S cç *f*i:l?li[1,"i''"1å3"ñ:1"'ï" irre n¡tl and the Aberdeen area" commercia¡ãtdîöi.t]v l.-s rñt ¿ò*n core' a resl¿ãntiat area, not as a downtown needs to oe ôrãã"rvãa "" Mr. Jim Howie, 1435 Westerdale Drive: .lnquiredwhythisdevelopmentisgoingaheadbeforethetraffic sitüation haô been addressect' TheDevelopmentandEngineering,servicesDirectoradvisedthattheroad construction will be application is a ro-yäär-6üii¿ out;-trrereiore it' ,"quïråä';"ä;Ëi'tñ" äT'iåióót;."' is adequate to support compteted fe åaequate for residents who Gurrenfly, flre". roao s-vììär ¡r "á¡"_untãã-öWay' l¡ué'¡n iñä Aberdeen área and on Pacific .lnquiredwhowillmaintainthefenceonthe.l6thfairwaybetweenthe open spac"ãnã-¿ãu"lopment on Westerdale' TheDevelopmentand.EngineeringservicesDirector.resng¡ae!$-atsince on straia.property' it *.tJ19.9" the strata the proposeo tencã'w¡f-uä the city would ,"rpånäil',|¡ty i;;;¡"täi;ine íén""; however' corporation', as an enforcement tool if take action using the zoning by'law öntï"utntioó iñé r"n"" was nõt maintained' .|nquiredwhythedevelop.erputpa.rklandallalongtheLinksand .i"""åu ru.¡iír Þlace and Westerdale Drive' 33 331. 2008 November 18 M¡NUTES OF A PUBLIC HEARING Page22 2008 ity P lan.Amend ment By'law' 1,2,3&4." Off i cial Commun "-"- (Añ;&ãñ(nn"rã""n Þ¡anxey'lawÞlan)(B-¡r'law No-5-1'2426)N o' äJtoniñg Appliôation N9' REl09f:9-5'1'?!?91 rd e9¡ G o lr c o u rse) i ìì-sË f ¡ ñrïW Jyil 1o-" Ño". 5-1-?!?:) Ìey-r"r s-i'iqn ?nd Gorr course FnäåXä ffi;üñ;;i Ãö*á'q"! td,L{'Aberdeen Ms. Joy Gothard, 2183 Garymede Drive: AdvisedsheattendedtheopenhouseatAberdeenElementarypublic meeting at schootatong w¡tn äîõìiãopiã the peoplè'.the formed Forster's Gonventiã;-õ;ii; ;'igt"ttended soo l-"w!v by 25 people, along neiqhbourrrooo asJåtlai¡ôn réät¡ng attenäea seve n geo-g e' niä-"t¡ n g atteñ oea bv ! füt äö ñbdñã' of th9 proposed Advised that not u¡í-Ànél'ããäåiãÀia"nit håve hearä r¡äv extensively advertised. devetopmenr even iË"ö ¡p;.ñ"n she is still that even though she attended allthe meetiñgs, Advised Abeideen Plan and confused about the developer's propó"ãi the noi seeri'r to relate"nO to each othe.1. added that the m"ó" Ao planning that the piãnñéo nave extensive education in the Advised therefore to bri'itlJ ã¡r¡ðüüiôi i""¡o"nts !g understand and ;ö;, them' Ë;;ì?6r,;"ãbãðü on issues which will impact Mr. Denis Walsh, 173 St. Paul Street: a survey on the tnquired that since the develop-er conducted äiäil;ä6iiity;ïé-tóiè g.lf courses, what is the shortfall? Mr. Mike Ternier: Advisedhedidnotcheckontheeconomicy¡qÞ¡Itvofother9-holeis not viable gotf courses, but stãiäãihät ine l¡er¿áen Gotf Course in the golf course and that everyone *ñáïã" to invest was not interested. "pproached Ms. Maria May,986 Huntleigh Crescent: preserved, it will be Advised that if the Aberdeen Golf course is qoJ ;ö;;;iìÑið ut" Aberdeen area and to the Citv' Mr. Tyler Robertson: g.olf courses Advised that he was under the impression that 9'ho-le iriure of goif ãour"es in terms of financial viability' ãi"-iñã prior the ÃOïtéO iftat theównãi ot ¡U"tdeen Golf Course to Aü;ãõ H¡gttl"ná"'õoipðiãi¡on made a profit every vear it was in excePt for the first two' business but Ããu¡äãáhlaf rrä ¡ei¡eu"" irt" Aberdeen Golf Course is viable, iËi'ñã did not havã enough time to put a ptan into action. 34 332. 2008 November 18 mnñures oF A PuBLlc HEARING I 2008 u.1 Bv- aw' 1,2,3 &4. off i ci al c oqn !!y l]ll.fln : 1d11"*1 i-ÄËilñ.i;iânltev'¡aw No-. 5' 1'?!?91 ÁpPl ¡äätion No' REZoo326 iü;"¡;q Course) iìi(1185 8ã Lin"k"'w"v)Links (Aberdeen 91-t^99'Golf ìav:r'* ño" . s-î-iqzt ya s-l-!!Jp, course F,i;å|i ffi;üñ;;Ãñé'enir<ír *,'" Aberdeen Gorr 1185 Li Mr. Steve Bell, 2604 Galbraith Drive: .AdvisedhehaslivedinAberdeensincelgT6-inafewdifferentareasintersection multiple and drives through the proposåî'-üñã"bout times a daY. .PredictedthatCitysnowtruckswillnotbeab.letoplowthewill stand on those roundabout ä'"ã'å'"rào wh"re tíre ðn¡l¿ren unPlowed crosswalks' they ot¡u"rs tend to avoid.stop sions but that . Advised ürat-yänîäi wiillpäeoihrough as fast as wil turn the rôundãbout into ";äìiiä¿ was under the . lived in westerdale for five y99r9 and l;yt""åJn" that he had a plan for future impression ä.rîi iü" b!g'1i.r¡ oäuliäp"? inc¡u¿e any consideration devetopment, but that this prun ãäãriõt of that. Pineridge have . lnquired whether the owners of the property,in fiom-their property througn to agreed to cJnsüuêi a roaa to coñnect Aberdeen Drive. the snow plows and Development Manager responded that The Planning in Juniper' With regard to do not have any issues plowing-th" to"*åãOãut netweeriÃ'OãiO".n Drive and Copperhead the future road development the future roadway the City w¡¡l äðüíiãä tããá'tignt'ðf-way to secure. Drive, Drive develops his before the owner ttä'bî"p'"rt' ¡ntõpó"théad propertY. "i .lnquiredwhethertheproposedroundaboutonAberdeenDrivewill bä'similar to the rounäabout in Juniper' Director advised that the two The Development and Engineering services roundabouts wilt be similar' further correspondence was There were no further submissions, and no received. p'm' This portion of the Public Hearing closed at 10:21 35 333. 2008 November l8 MINUTES OF A PUBLIC HEARING p'm' public Hearing adjourned at 10:21 There being no furthei business this Gertified Correct: T. LAKE L. W. HRYCAN MAYOR õoùlvrúru¡TY AND coRPoRATE AFFAIRS DIRECTOR/CORPORATE OFFICER 36 Chanrber of Commerse Visitor Infonnation Centre Service Agreement InCamera Meeting 2008 JulY 22 Moved by Councillor O'Fee, seconded by Councillor Harker, that Council authorize Administration to complete a five-year service agreementwith the Kamlogns Chanrber of year Commerce for the provision of Visitor Information Centre sen¡ices for $103,500 per for the term of 2008 January 1' to20l2 December 31. CARRIED (All of Couneil was present). 37 2008 December 2 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVPOO3OO 2038 HIGHLAND PLACE OWNER/APPLICANT: SNOW-TERRA ¡NVESTMENTS LTD. PURPOSE To reduce the minimum side yard setback in the RT-1 (Two Family Residential-1) zone from 1.5 m to 0.5 m to legalize an existing external staircase and balcony in accordance with Attachment "4". SUMMARY Located on Highland Place across from the commercial site at the corner of Highland Road and Qu'Appelle Boulevard in Juniper Ridge, the RT-1 (Two Family Residential-1)zoned property is the site of a recently completed duplex. The applicant has applied for a Development Variance Permit to reduce the minimum side yard setback of the zone from 1.5 m to 0.5 m to legalize an external staircase and balcony that encroach into the setback area (Attachment "4"). The 1.5 m side yard setback area in residential zones is intended to provide fire separation between buildings as well as to provide spatial separation between neighbours for quality of life reasons. ln this instance, the subject property is adjacent to a fairly steep, OS (Open Space) zoned property that is owned by the City and cannot be built on. As such, approval of the variance would not undermine the side yard setback regulation's underlying intent of maintaining spatial separation between houses. ln addition to the zoning regulations, the properly is subject to a soils covenant, which ensures that no construction occurs on the properly without a geotechnical review. Related to this covenant, the "no-build" area identified on Attachment "A" applies only to permanent structures and grade changes. As the footing of the stairs is a "floating slab" rather than a permanent foundation, Development and Engineering Services staff have determined that the stairs do not contravene the covenant and have received a statement from a geotechnical engineer that supports for the stairs are in fact acceptable. No other technical concerns were raised during the referrals process. As such, the Development and Engineering Services Department supports the application and recommends that Council authorize distribution of Notice of lntent to issue a Development Variance Permit, as outlined below. ouR coRpoRAIE MISSION lS . . . lo pfovide lhe besl poss¡ble sefvices lo ouf cilizens lhol the wilt of Council ond provid*Solonce of benefils lo lhe communily. reltect ' rJL, T,\OES\PLAN & DE\ARÉPUOO8\DVPOC3CO.dOCX DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVPOO3OO 2008 December 2 RECOMMENDATION: That Council authorize distribution of Notice of lntent to issue a Development Variance Permit for Lot 6, Plan KAP86020, Sec. 35, Tp. 19, Rge. 17, W6M, K.D.Y.D (203S Highland Place),'to-vary Zoning.By-law No. 5-l-2001, Division Twenty-Four, RT:l (Two Family Residential-1), Section 2403, REGULATIONS, to reduce the minimum side yard setback of the two family residential zone from 1.5 m to 0.5 m in accordance w¡th Attachment "4". COUNCIL POLICY There is no applicable Council policy. SITE CONDITIONS AND BACKGROUND . Neighbourhood Juniper Ridge . KAMPLAN Designation Urban . Current Zoning/Use RT-1 (Two Family Residential-1) . Proposed Variance Reduce minimum side yard setback from 1.5 m to 0.5 . Surrounding Uses Open Space to the north and west, residential to the east, commercial to the south. . Application Date - 2008 November 10 . Restrictive Covenant - N/A . Project Evaluation Team - 2008 November 28 (PEr) . Parcel Size - 612.1 m2 . MOT Referral - N/A Development and Engineering Services Director Author: S. Bentley, Planning Technician Reviewed by: R. J. Martin, MCIP, Planning and Development supervisor SB/kjm 4 ' ouR coRpoRATE MtsSlON lS . . , to pfovide the besl possible seN¡ces to our cil¡zens thol reflecl the will of Council ond provid€aÊlþolonce ol benefits lo the communily' JV T.\DES\PLAN & OE\ARÊP\2008\DVPOO3OO.dOCX , KAPBO4OS IRS-,f,u SUBJECT PROPERTY ]J E, P-' t)c Y9 lg oÀ .o .o, c-7 x QuAppelle Btvd 1 I I I I, ,l I TI II " 20 It %\ il,. \ -P-lÛ- SKeena Dr /-ú Cãn¿da3T@remenl C¿p¡Þl & Engineer¡ng Seru¡æs Oepl BRITISH COLUMBIA LAND SURVEYORS CERTIFICATE OF LOCATION LOTS A & B, PLAN KAP_-__-, Sec a5, Tp /9, R l7; W6M, KDYD ,/^{ Y. ,/ CITY OWNED à OPEN SPACE Qz {t' B Á0' ìi ?tù fr¡9 ,t9;' Þ SIDE YARD SETBACK ENCROACHMENT o r{;r ;'9\ (g -"N \)l'. "NO-BUILD" AREA ./ \ ENCROACHMENT - v-¡ñ ct- ,zdo '.ó '.'P k'9 o REM. LOT 3 r"l PLAN 23698 f /nV td,' ov þ"ñ' rrArt ATTAGHMENT 41 2008 December 4 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENTAND ENGINEERING SERVICES DEPARTMENT ON REVIEW OF TAXI SAVER AND TAXI SUPPLEMENT PROGRAMS PURPOSE To provide Council an update on Council Directive CR-1471 requesting an audit of the Taxi Saver and Taxi Supplement programs offered by BC TransiUCity of Kamloops partnership. SUMMARY As a result of the audit of the Taxi Saver and Taxi Supplement programs, it is clear that the Taxi Saver program is working well, is cost-effective for the City, and is well used by client. Administration concurs with the BC Transit recommendation for increasing the monihly limit from $60 to $80 and extending the time limit for eligibility from three to six months However, the Taxi Supplement program is not supported by both the cab companies, is plagued by vehicle reliability issues, and has the same hours of operation as handyDART. BC Trãnsit has recommended increasing handyDART service by adding a vehicle and increasing the service hours which is reflected in the proposed 2009 Custom Transit Budget. ln addition, it is recommended that the Christmas Day handyDART service again be authorized at a cost of $420. RECOMMENDATION: That Council: a) Authorize the increase of the monthly limit of Taxi Saver coupons available for purchase from $60 to $tíO a month per client; b) Modify handyDART clients eligibility to those who have used handyDART in the past six months (change from the current three months) to purchase Taxi Saver coupons; and c) Extend handyDART service on Christmas Day to ensure wheelchair accessible transportation is available. d) Authorize the increase in handyDART service hours as recommended by BC Transit and reflected in the 2009 Custom Transit Budget. -" -,r/ OUR CORPORATE MISSION lS . . . 1o provide the besl possible services 1o our citi¿ens thot reflecl lhe will of Council ond provide qqçlonce of benefits lo the communify. 4 I I \DES\LAND DEV ENG\REPUOOS\TaXI programs do " REVIEW OF TAXI SAVER AND TAXI SUPPLEMENT PROGRAMS 2008 December 4 Page 2 BACKGROUND handyDART Program Through the partnership with BC Transit and the transit operator (Fanruest Coach lnc.), the City operates the handyDART program for those citizens with -mental or physical disabilities that cannot practically utilize conventional transit service. Major components of the service include: Hours of operation Mon to Fri 7:00 a.m, to 7:30 p.m. Weekends 8:00 a.m. to 5:00 p.m. (limited) Fare $2 per trip Maximum daily capacity 475 trips per day Challenges lncreased demand as population ages Frequently reaching daily capacity of 475 trips per day So/ufions To address the increase in demand, BC Transit has identified the requirement for an expansion for handyDART service hours and an additional vehicle in 2009/10. This addition in service is included in the 2009 provisional budget. Taxi Saver Program The Taxi Saver Program was originally set up to allow non-ambulatory handyDART users the flexibility to travel outside of handyDART operating times. Any regular handyDART client (used handyDART within the last three months) can purchase Taxi Saver coupons from the City. The coupons are subsidized taxi fare. The City and BC Transit pay half the fare and the customer pays the other half. lt should be noted that because more of the cost is paid by the user, the Taxi Saver trips have the lowest cost (to the City and BC Transit) per trip of the three programs Both taxi companies provide Taxi Saver service and remit the coupons to the City for refund on a monthly basis. Both companies say the program works well and anticipate continuing to utilize it in the future. Major components of the program include: Limit of $60/month per client. Must have used handyDART in last 3 months. Challenges $60/month limit does not allow many trips for clients in outlying parts of city. Time limit for eligibility of three months limits some clients from purchasing coupons. ,i'" .',r * OUR CORPORATE MISSION lS . . . 1o provide the best possible sevices lo our cilizens lhol reflecl lhe will of Council ond provide o bÁ)lonce of benefils 1o lhe communiÌy. TIDES\LANO DEV ENG\REPCOOS\TaxI Programs.doc 4 J REVIEW OF TAXI SAVER AND TAXI SUPPLEMENT PROGRAMS 2008 December 4 Page 3 So/ufions lncrease monthly limit from $60 to $80 as recommended by BC Transit. lncrease time limit-from three to six months for eligibility for Taxi Savers. Taxi Supplement When users contact handyDART for service, but cannot be accommodated due to demand, a taxi may be called by handyDART to provide the service. Major components of this service are: Hours of operation (same as handyDART) Mon to Fri 7:00 a.m. to 7:30 p.m. Weekends 8:00 a.m. to 5:00 p.m. (limited) Fare $2 per trip client Taxi company remits monthly statement for reimbursement for rest of fare. Volunteer participation in program by taxi companies. Challenges Earlier this year, Council instructed staff to undertake an audit of the program. The two taxi companies were invited to provide their feedback and suggestions for improvements to the Taxi Supplement Program. During the discussions with the companies, Kami Cabs indicated it has no interest in taking part in the Taxi Supplement Program, citing previous proÞlems with the clients and the inconvenience of the documentation process to refund the fares. By contrast, Yellow Cabs has been very accommodating to handyDART seryice, but its wheelchair accessible vehicle is unreliable and availability of that vehicle is sporadic. ln fact, in 2007 November, routine inspections removed all wheelchair accessible taxis from service due to safety issues. Neither company had any suggestions to improve the program, nor were staff able to interest either company in signing a new agreement (former agreement is attached). DISCUSSION Through the partnership with BC Transit and Farwest (the transit operator), the City of Kamloops operates the handyDART program for citizens with mental or physical disabilities who cannot practically utilize conventional public transit. To accommodate these citizens, the City has three transit related programs: . handyDART; . Taxi Saver Program; and . Taxi Supplement. '',* ::' -- OUR CORPORAIE MISSION lS . . , lo provide the best possible services 1o our c¡tizens thol reflect lhe will ot Council ond provide qÞglonce of benefits 10 the communily. 44 T:\OES\LAND OEV ENG\REPUOOS\TaXI Programs.doc REVIEW OF TAXI SAVER AND TAXI SUPPLEMENT PROGRAMS 2008 December 4 Page 4 Taxi Saver Program The Taxi Saver Program was originally set up to allow non-ambulatory handyDARï users the flexibility to travel outside.of handyDART operating times. Any regular handyDART client (used handyDART within the last three months) can purchase Taxi Saver coupons from the City. The coupons are subsidized taxi fare. The City and BC TranSit-pay half the fare and the customer pays the other half. lt should be noted Taxi Saver trips have the lowest cost to the City and BC Transit per trip of the three programs because more of the cost is paid by the user. ln 1995, a Taxi Saver agreement was entered into with Kami Cabs and in 1999; a similar agreement was signed with Yellow Cabs. The audit of the Taxi Saver program with feedback from both cab companies indicate that the program works well and anticipate continuing to utilize it in the future. The audit also determined that Taxi Saver program is the most cost effective per trip for the City. To address the concern of users regarding the inadequacy of the $60/month limit on coupon purchase, BC Transit is now printing $80 coupon sheets and recommends the City expand the service to an $80/month limit. To further make the program more user friendly and free up more space on handyDART, it is also recommended that the definition of those eligible for the Taxi Saver Program be changed from a handyDART client who has used the handyDART service within the last three months to someone who has used the handyDART service in the last six months. Taxi Supplement Program This is a voluntary participation program with the taxi companies that operate in Kamloops. As part of the audit, the taxi companies were invited to provide feedback and suggestions for improvements to this program. Neither company had any suggestions for improvement and were not interested in signing an agreement. lssues cited by the companies included: . Previous problems with clients; . lnconvenience of the documentation process for reimbursement; and . Availability of wheelchair accessible vehicle due to service and repair issues. Only Yellow Cabs will currently respond to a request from Fan¡vest to pick up a Taxi Supplement fare. The recently revised Vehicle for Hire By-Law to address the shortage of accessiþle taxis in Kamloops should help alleviate the situation somewhat for those who rely on such service. As the Taxi Supplement program is not very successful and not supported by the taxi companies, a prudent course of action is to expand the handyDART capacity. BC Transit has included an additional vehicle and increased handyDART service hours of 2,400 in the 2009 budget. Also, it is recommended to provide Christmas Day service in 2008 for eight hours at a cost of 5420. ,:" -,r¡' '. OUR CORPORAïE MISSION lS , . . 10 prov¡de lhe best possible services 10 our cilizens lhol reflect lhe will of Counc¡l ond provide qtþolonce of benefils 1o lhe commun¡ty. ¿lÐ T \OES\LANO OEV ENG\REP\2008\Taxi Programs.doc REVIEW OF TAXI SAVER AND TAXI SUPPLEMENT PROGRAMS 2008 December 4 Page 5 FI NANCIAL IMPLI CATIONS There are several items included in the 2009 Custom Transit budget: . Addition of one frandyOART þus; . lncreased service hours; . Taxi Saver monthly limit increased to $8O/month (essentially revenue neutral as income from coupon sales generally equals taxi invoices). Author: E. Felker, Transportation Planner Reviewed by: D. Funk, P.Eng, Land and Development Engineer EF/rjt Attachment ..," .:.1. .- OUR CORPORATE MISSION lS . . . lo prov¡de the best poss¡ble services lo our cil¡zens thol reflect the will of Council ond provide o¡Þßlonce of benelils to the communily. 4 0 TIOES\LAND DEV ENG\REP\2008\TaXi Programs.doc 2008 December 4 File No. 125.30 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON PRODUCTION AND USE OF BIOSOL¡DS COMPOST AT THE CINNAMON RIDGE FACILITY PURPOSE To have Council prepare a resolution in support of the sale of the biosolids as part of the'City's compost program at the Cinnamon Ridge facility. SUMMARY Biosolids have been composted at the Cinnamon Ridge facility for five years. The City requires a permit to sell this organic material from the Ministry of Environment (MOE) and the Agricultural Land Commission (ALC) for off-site non-farm use. As part of this application for approval, a Council resolution is required supporting the sale of this product for off-site use. RECOMMENDATION: That Council prepare a resolution supporting the application to the Ministry of Environment (MOE) and Agricultural Land Commission (ALC) for the sale of biosolids organic composting material for off-site use at the City's Ginnamon Ridge facility. COUNCIL POLICY There is no applicable Council policy. DISCUSSION Biosolids have been used as a soil amendment for the past five years at the City's Cinnamon Ridge composting facility. This material can now be sold for off-site use as organic composting material, but requires MOE and ALC approval because the facility is situated within the Agricultural Land Reserve (ALR). As part of the application, a Council resolution is required in support of the proposed use. FINANCIAL IMPLICATIONS The cost of the application is $300, but the product will either be used by the City's Parks and Facilities or Utility Services Division or sold to the public. The estimated revenue will be in the order of $60,000 per year if all of the product is sold to the public. OUR CORPORAIE MISSION lS . . . to provide fhe best possible sevices to our cilizens thor reflecl the will of Council ond provide q bolonce of benefils to lhe communitv. TTDES\ENG\REP\2008\8¡osolids - C¡nnamon Ridge.docx 47 PRODUCTION AND USE OF BIOSOLIDS COMPOST 2008 December 4 AT THE CINNAMON RIDGE FACILITY Page 2 PERSONNEL IMPLICAT¡ONS There are no personnel implications as the Cinnamon Ridge facility is operated under contract. ENVIRONMENTAL I MPLICATIONS There are no environmental implications for the use of this product "off site" as it has been classified for "unrestricted" use. CONCLUSION Approvgf^qf the ALR application will finalize the process under OMRR and permit the unrestdcted\and(ii. off-site use of the biosolids compost product. /l / .! ,t f/ /,r' // D. A. Tràwíä, MCIP, MURP tu Development and Engineering Services Director /// Author: M. E. Warren, P.Eng., Engineering Manager MEW/kjm/rjt i* :-r '' " OUR CORPORATE MISSION lS . . . to provide the besl poss¡ble serv¡ces to our citizens lhol reflect the will of Council and provide qqrlonce of benefils to lhe communily. TTOES\ENG\REP\2008\B¡osol¡ds - C¡nnamon R¡dge.docx 4 B 2008.November 4 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON APPOINTMENT OF HOME.BASED BUSINESS INSPECTOR TO ¡NCLUDE NON-RESIDENT BUSINESSES SUMMARY ln accordance with the Local Government Act, appointment of Business Licence lnspectors must be by Council Resolution. As a result of changes within the Development and Engineering Services Department, in particular the business licensing function, there is a necessity to amend Mrs. Shellie Clark's appointment to include Non-resident Business Licences as a backup to Mr. Don Garrish and Mr. Randy Lambright. A non-resident business is a business which does not have a Kamloops civic address and in most cases is temporary in nature. The change allows for additional streamlining of Business Licence Approvals so there is no disruption in the administration of the Business Licence and Regulations By-law as it relates to non-resident businesses. RECOMMENDATION: It is recommended that Council resolve to appoint Mrs. Shellie Clark as the Home-based Business and Non-resident Licence lnspector for the purpose of carrying out the provisions of the Business Licence and Regulations By-law No. 9-39 and all amendments thereto. IP, MURP d Engineering Services Director Author: R. L. Lambright, MCIP, Planning and Development Manager L RLL/kjm OUR CORPORAfE M/SS/ON /S . . . to prov¡de fhe þest possib/e servrbes îo our citizens thot reltect lhe witt ol Counc¡t ønd prov¡de I þolonce of benelils îo the commun¡ly. 49 T'\OES\PLAN & DÊ\AREPUOOS\HOME.BASED BUSINESS LICENCE INSPECTOR.dOCX 2008 December 4 File No. 128.32 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON AWARD OF A CONTRACT TO CONSTRUCT AN ODOUR BED AT THE RIVERSIDE PARK LIFT STATION PURPOSE To seek Council's approval to award Phase I of a contract to Extreme Excavating Ltd., in the amount of $68,848 (plus GST), for the construction of the underground work for an odour treatment bed at the Riverside Park Sewage Lift Station. Phase ll, in the amount of $28,500, will be awarded subject to budget approval early in 2009. SUMMARY Odours emanating from the Sewage Lift Station in Rivefside Park have been a problem for many years and the source of numerous public complaints every year, particularly in the summer. Different ways of dealing with the odour have been attempted in the past but have been unsuccessful. We have successfully used the odour bed solution on a lift station in Dallas and are recommending that one be tried at the Riverside Park location. RECOMMENDATION: That Phase I of a contract to construct an odour treatment bed at the Riverside Sewage Lift Station be awarded to Extreme Excavating Ltd. of Kamloops for the tendered sum of $68,548 plus GST and that Phase ll in the amount of $28,500 plus GST be awarded in spring 2009 subject to budget approval. COUNCIL POLICY Under Corporate Policy FIN-4-6 Council approval is required if there is insufficient funding available. BACKGROUND All sewage lift stations emit odours from time to time, usually in the form of hydrogen sulphide, the characteristic "rotten egg" smell. Riverside Park Lift Station has been a particular problem in recent years, most probably because of the long transit times for sewage arriving at the station from the Southeast Sector and Campbell Creek. ttt '^ ')'" OUR CORPORATE MISSION lS . . . lo provide the besl posslble sevices lo our cil¡zens thol reflect the w¡ll ol Council ond orovide or^ bolonce of benefils lo the communitv. TIOES\ENG\REPUOOS\AWARO OF OOOUR BED CONSTRUCTION.doCX C U AWARD OF A CONTRACT TO CONSTRUCT AN ODOUR BED 2008 December 4 AT THE RIVERSIDE PARK LIFT STATION Page 2 Several different methods for capturing and/or treating the odour have been attempted in the past three to five years but have met with minimal success. An expert was called in from the United States in 2007 to deal with a similar problem at a Dallas lift station and an odour bed Was recommended and constructed. Results have been very encouraging and an odour bed has been recommended for Riverside Park. Designs were prepared by Watson Engineering Ltd. in consultation with the US expert and tenders were called and closed on 2008 November 19. Results of the tenders are as follows: Extreme Excavating Ltd. (Kamloops) $1 01,900.40 (lncluding GST) Con-Ex Civil Contractors Ltd. (Kamloops) $1 17,164.24 (including GST) Acres Enterprises Ltd. (Kamloops) $129,517.50 (including GST) There were no errors or omissions with the low bid of Extreme Excavating Ltd. and this contractor has performed satisfactorily on numerous projects for the City in the past ten years. The bid of Extreme Excavating Ltd., in the total amount of $101,900.40 including GST, is therefore recommended for acceptance. DISCUSSION There is insufficientfunding remaining in the 2008 budget (9128.32) to complete the entire contract. Additional funding has been requested in the 2009 Capital Budget but not yet formally approved by Council. Phase I of the work, in the amount of $68,548, is within the 2008 budget and is essentially for the in- ground portion of the work. The successful contractor would like to get this part of the work completed in early December before the winter weather closes in. Phase ll of the work, essentially the mechanical and electrical portion, can be completed in the spring of 2009 allowing the equipment to be commissioned before summer tourism use increases in the park. As the odours have been a real nuisance in recent summers, we recommend that the project be completed as soon as possible and that, to this end, Phase I of the work be awarded immediately and that Phase ll be awarded in early 2009 once the budget is formally approved. Because the park is a core for tourism in the summer it is important that it.be made as pleasant for users as possible. For this reason we should ensure that the 2009 budget for this work be approved so that the work can be completed and the source of odours removed from this area of the park. OUR CORPORATE MISSION lS . . , lo provide the best possible services 1o our c¡lizens thqt reflect the will of Council ond provide o balonce of benefits to the communiïV. T.\DÊS\ENC\REP\2008\AWARO OF ODOUR BEO CONSTRUCTION.dOCX 5 1 AWARD OF A CONTRACT TO CONSTRUCT AN ODOUR BED 2008 December 4 AT THE RIVERSIDE PARK LIFT STATION Page 3 FINANCIAL IMPLICATIONS Low bid by Extreme Excavating Ltd.: Phase I $68,548 Phase ll $28,500 Total $97,048 (Plus GST) Engineering/Administration $1 1 ,000 Total $108,048 2008 Budget $78,006 Shortfall in 2008 $30,042 2009 Budget Request $30,042 ENVIRONMENTAL/SOCIAL IMPLICATIONS Failure to undertake this work will permit noxious odours from the lift station to drift into the park to the detriment of users. These odours have been a continuous source of complaints for users of the park, particularly in the past two to three years. It is important that the City do all it can to reduce odours generated from its sewage lift stations, particularly where they are sited in or near public use facilities. CONCLUSIONS Odours generated from the Riverside Park Lift Station have been a continuous source of annoyance to users of the west end of the park in recent summers, in spite of numerous attempts to reduce them. This latest proposal has, based on experience with a similar installation in Dallas, a very high chance of success. Because this lift station is sited in a park wíth a high public profile it is important that the City take all the steps it can to reduce or eliminate the odours. Although the low tender exceeds the available funding in the 2008 budget, additional funding, although not approved yet, has been requested for 2009. The project can be constructed in two distinct phases, with the cost of the first phase being within the available budget. lt is, therefore, recommended that the first phase be awarded and permitted to proceed as soon as possible with award of the second phase being made contingent upon budget approval early in 2009. MCIP. MURP Engineering Services Director Concurrence: D. R. Duckworth, P.Eng., MBA, PublicWorks and Utilities Director Author: M. E. Warren, P.Eng., Engineering Manager MEWrjt i -' OUR CORPORATE MISSION lS . . . to provide lhe best possible services io our cilizens thol teflecl the will of Council ond 'orovide ora¡ bqlonce of benefils lo lhe commun¡lv, TIOES\ENG\REPUOoS\AWARD OF ODOUR 8ED CONSTRUCTION.docX C ¿ 2008 December 5 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER rnorr¡THePUBLICWORKSANDUTILITIESDEPARTMENT ON SOLID WASTE SERVICES PURPOSE The purpose of this report is to seek council's authorization to: user fees by 10 per cent; . lncrease residential curbside and multi-family/commercial . . tncrease staftinö l"uälã ov ì o fult-time équivatents (frE) for residential collection services and 1.5-5 FTE for rñulti-family/commercial collection services; trucks: . Sole source ttre purcnaré òf trno new residential garbage and recycling collection . lmplement a $7 iipping fee for c_ommercial cardboard bins; and . Consider impiemeñtin! a multi-family recycling pilot program in 2009' SUMMARY solid waste collection services are recovered through curbside and multi-family/commercial'property user fees u, oppor"d tò taxes. ln other words, user fees charged.for these services a manner that is are based on , ur"if,ut.6.ð"pi: Às a result, these services are self-funded in ririÉì to the City's waiär and sewer utilities and are independent of other City services that are funded through ProPertY taxes. Multi-family/commercial solid waste collection user fees were last adjusted in 2005, whereas curbside solid waste guiOug" collection fees were last adjusted in 2006. The new curbside recycling user fee was introduced earlier this year. As oulined in this report, user fees for both curbside and multi-family/commercial solid waste collection services need to be increased to cover increased costs associated with rising fuel piiãè|, úeclining valJes for recyclab.le commodities, increased staffing needs, an{ a growing õustomer base] Còirespondinlly, Administration recommends increasing the 2009 curbside residential and multi-famíly/commêrcial solid waste rates by 10 per cent. ln 2009, the average curbside customer's "net" garbage alq recycling user fee increase will be per cent $11.g7 per year, oi $t.OO per month. Please nbte, Curbside customers receive a 10 discountfrom prompt bill páyments. These fees are summarized as follows: Container Size 2008 Userfee Recommended Annual lncrease Monthty lncrease 2009 User fee +$0.57 120 L Garbage $75. $81.80. +$6.80 180 L Garbage $95- $103.70. +$8.70 +$0.73 245 L Garbage $110* $120.00. +$10.00 +$0.83 +$1.03 360 L Garbage $1 35. s147.40* +$12.40 245 L Recycling $33 $36.30 +$3.30 +$0.28 "Notes: Prices include annual cost for garbage container lease, which are not subject to the proposed rate increase. User fees shown above do not include the 10 per cent discount for prompt payment. . OUR CORPORATE MISSION lS . . . lo prov¡de the best possible services To our ciTizens thql reflecl the will of Council ond .provideE aclonce of benefils to the community, \,L, TIPWU\STRTS & SLO WSnRÊ42008\Solid waste Seruices.docx December 5 solrp WASTE SERVICES 2008'--- - - Þ;se 2 waste services as A similar cost schedule cannot be produced for multi-family/commercial solid per The proposed each customer's n"øs vary by property ie.g. numOer of biñs and tip-s week)' "C"' multi-family/commercial usér féds aie outiineO in attached Schedule recommends purchasing two new co-collector trucks for curbside collection Administration and to services. These uãn¡òtes are required-to provide spare capacity for, the current fleet for future customer growth. These'vehicleð would also be utilized during the óióuiáã-."pacity The capital cost ñrrtii.rirviããycl¡ng o^rlo_t_s!udy,.yfr.c¡l:gutlined later in this report' ú"ô;ã from unallocated of these trucks is eitimated at $630,00ó'($gts,o00 per truck), to be funded Community Works Funds. Further, Administration recommends the introduction of a $7 fee for tipping commercial present, there is no cardboard bins ano iné addition of 0.33 FTE for fully staffing this service. At past,. generally ðnaiée ror emptying-'("tipp¡ng"l cardboard bins becäuse the revenue has, in the values, covered the cost of"the þiogíaln. However, due to falling recyclable material commodity providing hence reduced r"uuñu!ã, ã$Z tipping fee is proposed to offset the cost of this.service. in tn" past, actual staffing oudg'ets ivere ovêrsþent each year to provide this service knowing that the material revenueã wouÌã offset this cosi. The new revenue stream from the $7 tipping féè w¡ll fully offset tnà còst of providing this service based on the assumption that cardboard revenues may be negligible. Finally, to expand the City's recycling services to include multi-family properties, Administration i" ràéli¡ng cóunc¡t'ð ãppróvat to"inctu-de $100,000 on the 2009 supplemental budget request list to considér implementing a four-month multi-family recycling pilot program in 2009. REGOMMENDATION: That Council: a) Approve the following staff resources: ¡) 0.5 FTE for container maintenance funded from curbside user fees; ¡¡) 0.4 FTE for additional curbside collection funded from curbside user fees; ¡¡¡)' 1.0 FTE for data management and billing funded from curbside and multi'family/commercial user fees; iv) 0.29 FTE for litter bin collection funded from the Transit operating budget; v) 0.33 FTE for multi'family/commercial collection funded from multi-family/commercial user fees; v¡) 0.33 FTE for cardboard collection funded from a new commercial cardboard collection fee; . u- ., ;- ._. OUR CORPORATE MISSION lS . , . lo provide fhe best pessible services to our citizens lhol reflecl the w¡ll of Council ond provide of benefits to the community, rr'1E frolonce TÌPWu\STRTS & SLo wsnREP\2oo8\Solid waste Seru¡ces.docx 2OO8 DECEMbET 5 SOLID WASTE SERVICES Page 3 vii) 0.30 FTE for school district service funded from the school District contract; b) Direct Administration to: ¡) sole-source the purchase.of two new co-collector waste ' collection truckd from Rolíins Machinery Ltd. for a capital cost of $630,000 ($315,000 per truck) funded from the CommunitY Works Fund; ¡¡)--' bring forward the appro-priate amendments to solid waste and-Recyclable By-iáw Ño. 40'51 at the next Council meetingio includä the user fee increases and addition of a new $7-cardboard tipping fee as outlined in this report; and ¡¡¡)--' Add $100,000 to the 2009 supplementaì budget request list to complete a mutti-family recycling pilot program in 2009. COUNCIL POLICY There is no applicable Council policy. DISCUSSION Curbside and multi-familyicommercial solid waste collection services are recovered through userfees as opposed toþroperty taxes. Accordinglyl_user fee adjustme.nts are required from time to time to ènsure anhuát revenues completely órset annual expenditures. This report is Àeef . Decreasing recyclable material revenues; . Escalating vehicle and equipment operating costs; . Need for additional staffing; and . Need for two additional curbside trucks. This report also seeks Council's approval to consider implementing a..new tipping fee for commeicial cardboard collection and implementing a multi-family recycling pilot program in 2009. Decreasing Recyclable Material Revenues When the curbside recycling program was being designed and the user fees were b-eing calculated, it was anticiþateð inaimodest revenue would be produced from the sale of the recyclable materials. Îh¡s revenue was utilized to offset the cost of running the program. During the first seven months of the program, recycling revenues were offsetting the. processing and rñarketing costs of our contractor. Ünfortunately, within the last month, recyclable material commodity va-lues have fallen drastically; therefore, material revenues are no longer expected to otfset the'processing and marketing costs. ln fact, Administration is budgeting for a net processing' and maiketing cost (i.é. projected material revenues minus processing and inarketing-costs) of $222,000 in 2009. This net cost will need to be offset by curbside user fee increases, as outlined later in this report. ,:r, Je '- *i.î3:i?ffii,TP33,)"5,;;åïåili:iþffi Sì'g:i;'ii:i3åï:X5;1"no' TIPWU\STRTS & Sto wSnREP\2008\Solid waste Services.docx 2008 December 5 WASTE --- - - soLrp SERVICES Þ;se 4 Escalating Vehicle and Equipment Operating Costs in 2009' This The corporate fleet and equipment budget will need to be increased by $761,000 increase is comprised of the following components: . lncreased fuel costs of $410,000; . A $250,000 increase to the Equipment Reserve Fund; and labour, tires, oil, parts, . $101,000 in increased costs for miscellaneous items such as supplies, etc. vehicles, The above increased costs will result in a 13.4 per cent increase to all corporate fleet which equates to approximately $120,000 for curbside services and $22'500 for multi-family/commercial services. These additional costs will need to be offset by user fee increases, as outlined later in this report. tncreased Staffing Requirements - Residential Curbside Collection Services Additional staffing resources are required to address.the following residential curbside solid waste program changes: Curbside Container Maintenance The implementation of the curbside recycling program has highlighted the need to add additional staff to the solid waste and sigh shbp section in order to maintain current service levels. Council originally approved a 0.S fte position in 2006 to maintain the 23,500 garbage containers throughóut tfie ó¡iy. This position is responsible for replacing losUstolen containers, fix broken containers, and change-out containers if customers request different sizes. This 0.5 FTE position has been very effeðtive in this regard; however, with the addition of another 23,500 recycling containers, we áre no longer able io keep up with request and servicing demands. This position will be funded from curbside collection user fees. Effective 200g september 1, there is a $50 charge to downsize or upsize existing containers. This $S0 charge ið intended to offset the administrative and operational costs associated with taking customer requests and physically exchanging the containers. There is no charge to service broken containers. Curbside Collection Since receiving approval to proceed with the curbside recycling collection in 2006, growth in the city has exceéded Administration's expectations to the point that additional manpower is ne-cessary to meet the demand for service. Accordingly, an additional 0.4 FTE is required in the curbside collection budget for one operator two days per week, which will be funded by the proposed user fee increase. .¡ - ' OUR CORPORATE MISSION lS . . . to provide the best possible services to our ciiizens lhot the will of Council ond provide of benefits lo the communily. reflect r,tQ Rglqnce TTPWU\STRTS & SLD WST\REP\2008\Solid waste Seruices.docx 2008 December 5 SOLID WASTE SERVICES Data Management and Billing A full-time position is required to administer the data base for tracking the 47,000 wheeled Council originally containers in service as well as ensuring customers are billed the correct rate. position was apfroveO this position on a temporary basis to determine whether or not this to be very iðdu¡reo on a full{ime basis. Rcministiation can report thát this position has.proven and ensuring effäctive for proper, ongoing data management, responding to customer inquiries, are not accurate account billin'g. Items currenlly being tracked by this position include, but person is a vital limited to, size cnangei billing informatión, ser¡al numbers, and moves. This immediately resource for the solid waste collectors and crew leaders as they are able to liaise *¡tn u person who knows where each container is supposed to be and what customers have requesied. Without this position, data may not be recorded accurately, which would result in missed billings (and missed revenue)' ln addition, this staff member would be responsible for providing similar data management and billing services for our multi-fam ily/commercial collection operations. This position will be funded from curbside collection user fees (70 per cent) and multi- family/commercial user fees (30 per cent)' lncreased Staffing Requirements - Multi-family/Commercial Collection Services Commercial Services Existing services that have been provided gradually over the years have now accumulated to the poi-nt where the impact on the current operating budget is severe enough to require the addition of another full-time staff member. An example of one of these services is the collection of commercial corrugated cardboard. This service began as a pilot program in 2003 with 25 cardboard bins, whic-h resulted in a diversion of 50 tonnes of cardboard per year. This service has now grown to nearly 100 bins and an annual cardboard diversion of 200 tonnes, all without the additiónal solid waste staff. Therefore, to provide effective services and continue to grow this portion of the City's business, an additional 0.33 FTE is required for collection of commercial corrügated cardboarð. This request will be fully funded by the implementation of the proposed $7 pel tip fee for commercial cardboard collection outlined later in this report. Furthermore, an increase in the number of commercial collection customers over recent years has resulted in the need for an additional 0.33 FTE for commercial waste collection services. Funding for this staff increase will be accumulated through the proposed 10% increase in the rates for commercial waste collection. Finally, an additional 0.29 FTE is required for the emptying of community litter containers at transii stops and within business districts. This service has never been properly funded within the transit operating budget. lnstead, these costs have been absorbed within the multi-family/commercial services budget. Accordingly, an inter-program transfer of $25,000 from the transit operating budget will be added to offset the cost of this FTE request. ''t' -' '-:' "' OUR CORPORATE MISSION lS . , . to prov¡de the best possible seNices to our citizens lhot reflect the will of Counc¡l ond provide' Evt Bqlonce of benef¡ts to fhe commun¡ty. TiPWU\STRTS & SLD WSnREPUooS\Sol¡d Waste Services.docx December 5 soLlp WASTE SERVICES 2008--- - Þ;se 6 Schoo/ District Contract and recycling The City of Kamloops recenfly secured a three-year contract to provide waste to effectively collection services for School District #73. Rn ãdd¡t¡onal 0.3 FTE is necessary growth in the service this three-year contract and will also allow us to accommodate some population without-iñðreasing staff in the next few years.' Revenue from the contract will be utilized to fund the required staff. Additional Curbside Collection Trucks The number of new curbside customers has grown by more than 600 residences since 2006. This growth has exceeded expectations and has resulted in additional pressures on daily collecion routes. For instance, the curbside truck originally designated as a "spare" is currently in use two out of five days per week, which leaves no spare vehicle on those days. Consequen¡y, equipment dówniime results in overtime expenditures to complete routes with fewer trucks. This problem will only be exacerbated in the future as the trucks age and equipment downtimes grow more frequent and longer in duration. The industry norm for spare vehicles is in the range of 10 per cent of the fleet. Therefore, as the City's crrreñt curbside ileet contains 12 trucks, 1.2 spare trucks should be available at all times. per year, Moreover, as the city is expected to grow by approximately 100+Ë single-family homes additional spare câpacity should also be reserved for future growth. Consequently, Administration recommends purchasing two new co-collection trucks.. The capital cost to acquire two new collection trucks is $630,000 ($315,000 per truck). Administration recommends sole sourcing the purchase of these trucks from Rollins Machinery Ltd., the same supplier of the 12 trucks purchased in 2008. Commercial Cardboard TiPPing Fee Approximately five years ago, the Solid Waste and Sign Shop Section began collecting old cómmercial iorrugaied cardboard as a pilot program. At that time, there was no charge to participating custõmers. This program has been quite successful. The City has supplied äpproximately 85 cardboard bins throughout the city and collect approximately 200 tonnes per year. The cost of providing this service for the past three years have been largely offset by th.e revenues received fõr the cardboard. However, as noted above, this revenue stream is expected to be much smaller in 2009. Consequently, the City must begin charging its cardboard recycling customers for this service. Administration recommends creating a new commercial cârdboãrd collection tip fee of $7 per tip to empty each cardboard bin. This is expected to generate a revenue stream of approximately $26,000 (net of 10 per cent discount) to offset the operational costs of this service. OUR CORPORATE MISSION lS , , , 1o provide the best possible servlces to our c¡t¡zens thot reflecT Ìhe will of Council ond 'provide vL,Ei fulonce of benef¡ts to the communily. TIPWU\STRTS & SLD wSnREP\20o8\Solid Waste Services.docx SOLID WASTE SERVICES 2008 December 5 Page 7 Multi-family Recycling Pilot Program The curbside recycling program began in early 2008 and has proven to be highly successful' The next step in êxpa-nO¡ng resideniial recycling collection is to service the multi-family sector. However, prior to ímpleménting a full system, Administration recommends implementing a four-monih pilot progiam to approximateiy 30+ multi-family sites to determine the preferred collection method, s-uch as wilðeþd coniainers like the curbside program or 3.5 yd. metal containers like current multi-family garbage collection services. The pilot program is expected to cost $100,000 to cover expenses for staff, equipment, advertising, eðucation, processing of recyclables, and other ancillary costs. For comparison purposes, the resideniial curbside recycling pilot, completed in ?095,cost $150,000. Âdministr,ation recommends that Council consider the pilot program during its supplemental budget deliberation in early 2009. The results of the pilot program would be presented to Council in the 4th Quarter of 2009 to consider implementing a permanent multi-family recycling program in 2010. PERSONNEL IMPLICATIONS Additional staffing requests outlined in this report are summarized as follows: Residential Collection Services Container maintenance and size changes O.5O FTE Curbside collection operations O.4O FTE Data management and billing (note: split between residential and commercial) O.7O FTE TOTAL 1.60 FTE Multi-family and Commercial Collection Services For existing service provision - Litter bin collection 0.29 FTE - Commercial collection 0.33 FTE - Cardboard collection 0.33 FTE School District service O.3O FTE Data management and billing (note: split between residential and commercial) O.3O FTE TOTAL 1.55 FTE .:da.- .,ìr- /_ OUR CORPORATE MISSION lS . . . to provide the best posible sevices 10 our cit¡zens thot proviOe$ reflect the will of Council ond $tonce of þenefits to the communify, TIPWU\STRTS & SLD WSnREF\2oo8\Sol¡d Wâste Serv¡ces.docx soLtD WASTE SERVICES 2008 December 5 Page I FI NANCIAL IMPLICATIONS Curbside and Multi-family/Commercial Revenues and Expenses Attached Schedules "A" and "8" show the projected revenue and expenditures for the curbside and m u lti-fam ily/com mercial solid waste services respectivély, As shown in Schedulê "A", additional curbside garbage and recycling user fee revenue of per increase in curbside $40g,000 is required to balance the budget. This equates to a 10 cent garbage and recYcling user fees. As shown in Schedule "8", additional multi-family/commercial revenues of $81,000 in total are required to balance the budget. This includes $29,000 from the new School District contract, a ouäget transfer of $25,000 fiom the transit operating budget, and $26,000 from new commercial cardboard tip fees. Schedules "A" and "8" indicate a reduction in contributions to the Rate Stabilization Reserve Fund. This fund is in place to cushion the need for slight rate increases. lt is also the "savings account" for the cost of new containers to replace the existing inventory as required. Attached Schedule "C" shows the proposed user fee increases for both curbside and multi- family/commercial collection services. Funding Sources for Additional Staff Requests The FTE requests outlined in this report are recovered through user fees, not property taxes. The additional curbside collection staffing requirements outlined in this report are funded as follows: . Container maintenance and size changes - 0.5 FTE - Annual expense is approximately $41,000 - Funded from residential collection user fees . Curbside collection operations - 0.4 FTE - Annual expense is approximately $34,000 - Funded from residential collection user fees . Data management and billing (split 70/30 per cent with multi-family/commercial collection services) - 0.7 FTE - Annual expense is approximately $44,000 - Funded from residential collection user fees The additional multi-family/commercial collection staffing requirements outlined in this report are funded as follows: . Data management and billing (split 70/30 per cent with curbside services) - 0.3 FTE - Annual expense is approximately $19,000 - Funded from multi-familv/commercial collection user fees ';"'r"'i"'8:??ffiî,Ti33,ìi5,;;å"Jå?1":ïþr":$'ÅHñ'î',åï:""îåi5:,i"* TIPWU\STRTS & SLD WST\REF\2008\So|¡d waste Seruices.docx 2008 December 5 SOLID WASTE SERVICES . Litter bin collection - 0.29 FTE - Annual expense is approximately $23,500 - offsåitläÀ ¡rt"¡-prójr"m transier of $25,000 from the Transit operating budget . Multi-family/commercial collection - 0'33 FTE - Annual expense is approximately $27,000 - Funded from multi-family/commercial collection user fees . Cardboard collection - 0.33 FTE - Annual expense is approximately $27'000 - Funded from the introduction of a $7 tipping fee (calculation: 80 bins x $7/tip x 52 tips/year minus 10 per cent discount = 926,000) . School District contract - 0.3 FTE - Annual expense is approximately $24,000 - Funded fròm $29,00b annual revenue generated from the School District contract User fee ComParisons For comparison purposes, the following table compares curbside garbage and recycling user fees charged by other municipalities that provide similar levels of service' a, Annual User fee GomParisons :' Kamloops $82 $1 04 $1 20 $147 $36 (Proposed 2009 rates) Calgary nla nla nla nla $96" Vancouver $1 01 9122 $1 43 $1 85 $19** (2009 rates) Port Coquitlam nla nla $165*** $195*** Prince George $1 10 nla $138.72 $168 nla *Program begins Spring 2009 **Blue Box program ***lncludes curbside recycling costs. User fees are expected to increase, however the new rates are currently unavailable lntroduction of Cardboard Collection Fee Administration recommends that a $7 tipping charge be introduced for the collection of commercial cardboard to offset the operational costs. ln the past, the operations have been covered by the revenue received from selling the cardboard; however, current commodity markets being what they are, the City is no longer receiving revenue, but instead is having to pay for processing. OUR CORPORATE MISSION lS . . , 10 provide The best possible services lo our citizens lhot reflect the witl of Council ond 'orovideA ut o,olonce of benefits 1o the community. TIPWU\STRTS & SLD WSnREP\2oo8\Solid waste Seruices.docx December 5 SOLID WASTE SERVICES 2008 Page 10 Additional Trucks per The capital cost to purchase two new co-collection trucks is $630,000 ($3'15,0^00 truck),. and Works 100 percent of the capital cost of these trucks can be funded from available Community an Funds; othenrvise, debt servicing costs to purchase these two new trucks would add additional $63,000 to the annual Curbside Solid Waste Collection budget' Multi-family RecYcling Program A one{ime, non-recurring budget of $100,000 is required to undertake the multi-family recycling pitot in 200'9. Administrãtion recommends adding this item to the 2009 supplementary request list for further budget deliberations in early 2009' CONCLUSION Based on forecasted costs in 2009, Administration recommends that the 2009 curbside and commercial userfees be increased by 10 per cent to accommodate increased operating costs, additional staffing requirements, and declining recyclable commodity values. Administration also recommends: . Approving the sole-source purchase of two new co-collecting trucks to provide sufficient sóåre veñicles and the ability to accommodate an increasing customer base for the next several years; and, . lntroducing a new commercial cardboard collection fee of $7/tip to offset the costs of this program. Public Works and Utilities Director Concurrence: S. E. Edwards, BBA, CMA, Finance and lnformation Technology Director Authors: D. R. Duckworth, P.Eng., MBA, Public Works and Utilities Director J. B. McNeely, P. Eng., Streets and lnternal Services Manager J. Fretz, P.Eng., Environmental Services Manager DRD/JBM/JFikjm Attachments -' -:{ ' OUR CORPORATE MISSION lS . . . to provide the best possible services to our cilizens lhot the will Council and provide of benefifs to ihe communily. reflect of VLÐolonce TIPWU\STRTS & SLD wST\REP\2008\Sol¡d waste Seru¡ces.docx Schedule "A" Curbside Solid Waste Gollection Budget 2009 Notes Revenues 2008 - !-ncreasel +$408,000 200e Garbage and Recyclins container $2,826,000 $3,234,000 i:ïJiHy3:Jßi;HÎr"i Fees (incl. 10% discount) for onty g roñtt'rs -$4'000 Garbage Bag Sticker Sales $10,000 $6,000 -$75,000 Material Revenue $275,000 $200,000 *i:åi'å:lowerrevenuesfrom Total Revenue $3,111,000 $3,440,000 +$329,000 Expenses Labour$943,000$1,044,000+$101,0003;li:å.":i,i:|;Hj3?FlEE Curbside OPerator; lncludes 2.7 5o/o CB A wage i ncrease Materials and Supplies $5,000 $5,000 $O +$241,000 Vehicte Operating Charges $762,000 $1,003,000 '"t"t:rt::ìfi1)"'"""î:,:ii:|}ì¡, ¡ncrease -$28,000 Advertisins/Education coordinator $111,000 $83,000 ffflï3,S3;iÍ'ñi3;ð3""* DisposalTipping Fees $180,000 $165,000 -$15,000 Finance Department Charge $70,000 $72,000 +$2,000 +$e,000 Administration $274,000 $283,000 S:l:ffiå1i8iì,,:tt i5rtåt:l, n r N R D å3i ff ü:åiÎ'f:',", :ni Reduced contribution to minimize Rate Stabilization Reserve--- Fund $287'000 $199'000 -$88'000 contribution* rate imPacts Debt Servicing - Garbage $160,000 $160,000 $0 Containers onlv 10 Processing and Marketing of $315,000 $422,000 +$107,000 2008 cost includes Recycrabres åii:''E:tJåï"i:ffi;j:iå1i increase Miscellaneous (e.g. bank charges) $4,000 $4,000 $O Total Expenses $3,111,000 $3,440000 +$329'000 *Note: The projected reserve fund balance as of December 31, 2008 is $468'000 reflect the will of Council qnd provide6 of benefiìs lo the community. $otonce TIPWU\STRTS & SLD WST\REP\2008\Solid Waste Seru¡ces.docx Schedule "B" Multi-family/commercial solid waste collection Budget Budget ProPosed Decrease -$10,000 2009 fees include 10% increase; Corr"r"i.¡ àin Co¡tection Fees $425,000 $415,000 was over- (inct. 10% discount) ;::8Jå"f"'" +$5,000 2009 fees include 10% increase Multi-family 3.5 yd. Bin Collection $275,000 $280,000 Fees (incl. 10% discount) New contract as of october 200B School District Contract $o $29,000 +$29,000 +$6,000 lnter-program Transfer for $58,000 $64,000 Collection from CitY Facilities IPT to offset litter-bin collection New lnter-program Transfer from $O $25,000 +$25,000 Transit FTE request Cardboard Material Revenue $O $O $0 at and 52 weeklv New Cardboard Collection $26,000 +$26,000 80 bins $7/tip Fees $0 tips - 10% discount (incl. 10% discount) Total Revenue $758,000 $839,000 +$81,000 2009 lncrease/ Noles Expenses 2008 : Labour $253,000 $361 ,000 +$108,000 lncludes addition of 1'25 FTEs Labour Overage - OCC Collection $O $O $0 Welding $7,500 $7,500 $0 Equipment $163,000 $1g5,000 +$22,000 lncrease vehicle operating costs DisposalTipping Fees $165,000 $165,000 $0 Bin Replacement $45,000 $40,000 -$5,000 -$4,000 Administration $74,000 $70,000 *'ii,ffi8 3JJil"iff"'n' in rN RD 3'fli^ff*ffiliît.n Other $10,000 $10,000 $0 Rate Stabilization Reserve Fund $40,000 $O -$40,000 Contribution Total Expenses $757,500 $838,500 +$81'000 reflect lhe will of Council ond provide $Sfonce of benefits 1o the community. TIPWU\STRTS & SLO WSnREP\2oo8\Solid Waste Seru¡ces.docx Schedule "C" Proposed User fee lncreases for 2009. The following table ou¡ines the proposed curbside garbage and recycling collection user fees Proþosed Gurbside Garbage- @ Container Size 2008 User fee Recommended Annual lncrease Monthly lncrease 2009 Userfee +$0.57 120 L Garbage $75. $81.80- +$6.80 +$0.73 180 L Garbage $95. $103.70* +$8.70 +$0.83 245 L Garbage $110. $120.00. +$10.00 +$12.40 +$1.03 360 L Garbage $1 35. $147.40. +$0.28 245 L Recycling $33 $36.30 +$3.30 *Note: Prices include annual cost for garbage container lease. The following table ou¡ines the proposed new user fees for multi-family and commercial collection service. lt should be noted that commercial collection rates include rates for multi-family premises that are serviced by garbage bins. Proposed Multi-Family and Commercial Solld]!þste Rgtes Current (2008) Proposed (20q9) Cost Difference* ,' .Ràtes Rates (Annual) (Monthly) Multi-Family Dwellings 2.5 to 4 cubic yd. bin rental . lncluding weekly collection $28.40/month $31.24lmonth $34.08 $2.84 . Additional collection $9.50/tift $10.45/lift 6 yd. bin rental . lncluding weekly collection S37.60/month $41.36/month 845_.12 $3.76 . Additional collection $15.60/lift $17.16/lift Compacted bin lift charge $19.00/lift s20.90/lift Commercial Premises 2.5 to 4 cubic yd. bin rental . lncluding weekly collection $28.40/month $31.24lmonth $34.08 $2.84 . Additional collection $11.30/tift s12.ßtfft 6 yd bin rental . lncluding weekly collection $37.60/month $41.36/month $45.12 $3.7ô . Additional collection $15.60/lift $17.16/lift Compacted bin lift charge $22.60/t¡ft $24.86/lift Commercial loose $2.55/minute $2.81/minute Commercial cardboard collection (2.5 $7/l¡ft cubic yd. bin) OUR CORPORATE MISSION lS . . . 1o orovlde the best cossible seMices to our cilizens lhot reflect the will of Council ond provide $ $fon"" of benefits to the communify. TIPWU\STRTS & SLD WST\REP\2008\Sol¡d Waste Seru¡ces.docx MINUTES OF A POLICE COMMITTEE MEETING HELD ON MONDAY, 2008 NOVEMBER 07 AT 11:00 A.M. IN THE CORPORATE BOARDROOM, CITY HALL PRESENT: T. Lake, Mayor (Chair) J. L. Harker, Councillor J. Leong, Councillor P. A. Wallace, Councillor R. H. Diehl, Chief Administrative Officer Supt. J. Begley, RCMP OIC lnsp. Y. Lacasse, RCMP S/Sgt. W. Goughner, RCMP J. Wilson, By-law Services Supervisor W. Fredin, Municipal Support Services Manager - RCMP J. MacDonald, Municipal Support Services Assistant Manager - RCMP B. Harríson, Recording Secretary MEDIA: A. lacobucci, NL Radio GUEST: P. Backus REGOMMENDATION: . That Gouncil support the Barwatch program in principle subject to further review by staff and legal counsel. 1. Callto Order The Chair, Mayor Lake, called the meeting to order at 11:00 a.m. 2. Minutes Moved by Councillor Wallace, seconded by Councillor Harker, that the minutes of the 2008 October 3 Police Committee meeting be adopted as circulated. CARRIED. 3. Current lssues a) Guest Presentation - P. Backus Mr. Backus provided the Committee with a demonstration of the identification scanning technology currently being used at his establishment, Cactus Jack's Saloon. This scanning device, the "Treoscope", scans patron identification and creates an electronic database of a picture and date along with comments related to gang affiliation, "alert status", and a history of incidents at other establishments within the Treoscope network. 66 CTTE2008 11 o7.docx POLICE COMMITTEE MEETING 2008 November 7 Page 2 Mr. Backus also provided the Committee with an overyiew of the Barwatch Program,-which establishes a standard of contact for the five member establishments to encourage responsible behaviour and cooperation with police and fire departments. Mr. Backus displayed a_ draft logo pregentation of the Barwatch Program and requested th.at the Committee encourage Councilto formally endorse the Ban¡rratch Program and consider providing financial support to establishments purchasing the Treoscope equipment. (Mr. Backus left the meeting at 11:40 a.m.) Members of the Commíttee agreed that a code of conduct to make bar operators more responsible was a positive initiative, but they would require a legal opinion of the parameters of the agreement and logo before recommending a formal commitment. Moved by Councillor Harker, seconded by Councillor Wallace, that the Police Committee recommend Council support the Barwatch Program in principle subject to further review by staff and legal counsel. CARRIED. 4. Old Business a) Formalization of Strategic lnitiative for Crime Prevention Mr. Diehl advised the Committee that L. Hrycan, the Director of Community and Corporate Affairs is pulling together the Committee to establish an action plan for a holistic plan to address the issue of crime prevention and will report back to the Police Committee at the next meeting. b) Update on RCMP Staffing Levels Superintendent Begley advised that RCMP have filled 109 of 1 15 funded positions, with five additional recruits enroute to Kamloops. This will result in 127 RCMP staff at Kamloops Detachment, due to overlaps in assignments. 5. Next Meetinq The next meeting will be held at the call of the Chair. 6. Adiournment The meeting adjourned at 12:00 noon. ./ll n V"/r*- @ RMH/kjm/nsl TtccA\AoM\MrN2008\PoLrcE cTTE 2008 1 1 o7.docx 67 MINUTES OF THE KAMLOOPS HERITAGE COMMISSION MEETING HELD WEDNESDAY, 2008 NOVEMBER l2 AT 5:30 P'M' IN THE DES BOARDROOM PRESENT: COOK, Jan RACICOT; Karel-LYn DUCKWORTH, Elisabeth RACICOT, Leon GROVER' Anita YARMIE, Andrew RECOMMENDATION: For Council information onlY. ACTION BY 1. Adoption of Aqenda Moved by A, Yarmie, that the Agenda be adopted' CARRIED, 2. Adoption of 2008 September 10 Minutes Moved by A. Glover, seconded by K. Racicot, that the Minutes of the 2008 September 10 meeting be adopted. CARRIED. 3. CorresPondence a)HeritageSocietyofBC-2009HeritageWeekposters. 4. planning the 2009.Heritage The evening's-4. meeting was dedicated to Ráception. Groveiwill contact Fulton & Company about being a .pontot again this year. A. Yarmie will contact L' A' West and Associateð and E. Duckworth will contact MMM Group Ltd. and the Kamloops Real Estate Board. sponsorship is $275. A.. Yarmie. and A. Grover will submit a short list of commercial and residential candidates for the Commission to vote on' Members are to consider whether there is a suitable nominee for the Special Achievement Award. E. Duckworth will determine whether the Old Coutlhouse is available as a venue site. The reception date is 2009 February 16. Doors will open at 6:30 p.m. and the program will begin at 7:00 p'm' AG/AY/ED/ALL 68 I 2'docx CIOOCUME-l\EOUCI$/-t\LOCALS-1\Temp\XPgrpw¡se\HERITAGE I 1 NOVEMbET 12 KAMLOOPS HERITAGE 2OO8 MINUTES OF THE P"gt z iiöil¡rt¡rsêloN rvrÈeïNo ACTION BY 5. Next Meetins Thenextregularmeetingwill__be-heldWednesday, ALL 2008 DecemberîO, at 5:30 p.t.l ¡n the DES Boardroom 6. Adiournment The meeting adjourned at 6:25 P.m. Duckworth, Acting Chair Kamloops Heritage Commission EMD/bmm 69 O:tDocUME-tlEDUCl$ú-lttO0ALS'llTenplXPgtplr¡eetHERlTAGE 1 1 12'd0fl,' i.w_31?009_ as Delegation Request From: This is a Request to Appear as a Delegation from the Web Contact lnfo Name: Bonnie Klohn Phone: 250819 1571 Email: [email protected] Organization: Urban Hen Committee Presenter(s): Bonnie Klohn and guests Topic of Presentation: Urban Hens CommentS: We are requesting permission to do a 6 month pilot project, starting in the spring 2009, where app 30 families throughout Kamloops would keep 3 hens for 6 months to find out what works and what doesn't as far as hens in our city, 70 >>> cgarden To the Mayor and Council, I would like to request permission to appear before ciÇ council on December 9 with a delegation to propose that the city undertake to provide a public drínking fountain in a downtown location, specifically, outside the Public Library. Drinking fountains come in a huge range of styles, materials and available features, both free-standinq and wall-mounted. They can be plain and merely functional or aftistic in design and making a bold statement of what kind of city we are. They can address the needs of just the majority or provide for those confined to wheelchairs and those with four legs as well. We envision this as being the first of several fountains the City would have installed for the use of the public in both North Kamloops and in other high traffic areas. As we all know, Kamloops has the latest state-of-the-art water filtration system, of which everyone, including City Council is justly proud. our water Plant is ínvariably on tours conducted by the city and never fails to impress visitors. Why is it, then, that accessibility to this water can be so difficult? Imagine yourself on a hot summer day in downtown Kamloops with a big thirst wolthy of our desert climate. If you have money on you, you could eíther go to a restaurant and order something to drink, or buy a bottle of watèr from a vendíng machine or a grocery store. We at the Kamloops Chapter of the Council of Canadians feel that this is not good enough for a city which prides itself on the quality of its water. The water should be available and accessible to everyone and anyone who wishes to avail themselves of it, whether they have any money or not. In addition, we believe that the option of bottled water is not one which should be promoted for a number of reasons: first, it is the cause of a huge amount of pollution of our air and water vis-a-vis trucking and land fill costs and space. Secondly, one and a half litres of water are required to produce one litre of bottled water. Finally, Canada has not to date done an assessment of our groundwater supplies and we cannot in good conscience continue to allow withdrawal of water from this source without knowing what quantities or overall availabiliÇ we are dealing with. In other words, water is a human right, as necessary to life as is air and we would therefore like to request City Council to have a drinking fountain installed outside the public library on Victoria Street and to this end we have been raising funds. So far we have commitments from various businesses and interested groups in the amount of $500.00 but as can be seen from the estimates below, we have a long way to go even assuming the City will be willing to bear the majority of the cost.(Commitments are from Moviemart, The Smorgasbord, Kamloops Farmers' Market, CUPE and the Council of Canadians, Kamloops ChaPter) 71 The following installation costs were obtained from the City payroll coordinator and the fountain costs from a commercial drinking fountain website. I am sure there are others. Estimated costs for the installation of a fountain near the Library . building on Victoria St, - fountain $375 -$5000 Materials :concrete with exposed aggregate, steel or heavy-duty cast iron - water seruice/drain $300O(depending on location) - carpentry $1000 - plumbing $Boo TOTAL $s17s - $9800.00 *additional comments/costs for consideration: expectation of vandalism, seasonal maintenance and/or winterizing ( blowout)/freeze-proof models. It is our feruent hope that you would, by resolving to embark on this program of providing drinking water to all residents of Kamloops, agree with us and with the United Nations that human dignity cannot be upheld while access to drinking water is unavailable. This would be especially significant in that tomorrow is the 60th anniversary of the UN Universal Declaration of Human Rights and would be a fitting tribute to that anniversary. Respectful ly Submitted, Anita Strong, Chairperson Council of Canadians, Kamloops Chapter lDrinking fountain with two bowls, dual height USD 2812.88. Push-button pet fountain optional 2Dual bowl with wheelchair arm and pet fountain USD 4437.18 3Freeze- resistant exposed stone aggregate dual fountain usD 995.46 72 Page 1 ofl f I ð I B ffi"2008 I 2å N0v 'l ù From: -{ I To: Legislate ffirÌ::i f Date: LLl25l200B 10:14 AM Subject: Fwd: attn Mayor and City Council >>> "SeptemberWeir" I am one of the Kamloops citizens who feels passionately about supporting local food, sustainability and independence. I think having the ability to raise chickens in on your own property is keylo having sustainable food and reducing both the support for and dependence on commercial farming. Please change the by-law to allow chickens to raised within city limits. Thank you September Kuromi 250-573-3553 73 file://C:\Documents and Settings\cnewsom\Local Settings\Temp\XPgrpwise\4928D0099... 1112512008 EAEüVIË J4rt -el Urban Hen DEC Û 2 2008 LEGISLATIVE Sf ffiLoops Bc From: To: Legislate Date: LZlLl200B 2:I2Pt4 Subject: Fwd: Urban Hen >>> Donovan cavers I am writing to encourage you to support the recommendat¡ons of the Urban Hen organization to atlow egg hens in Kamloops. I see th¡s as an important step in educating ourselves regarding "the origins" of our food and decreasing our our dietary carbon footPrint thank you for you consideration, Donovan Cavers 2s0-374-3234 917 Douglas St. Kamloops 74 file://C:\Documents and Settings\cnewsom\Local Seitiirgs\TempU(Pgrpwise\4933FODEgw... 121112008 Page 1 ofl Fwd: Urban Hen Project DËC 0 2 2008 From: To: Legislate LEGISLATIVF SËRVICES KAMLOOPS BC Date: L2lLl2008 2:13 PM Subject: Fwd: Urban Hen Project >>> "Evelyne Penny" Sincerely, Evelyne Penny Evelyne Penny, M.Ed Disability Tutor Disability Seruices Thompson Rivers UniversitY (2s0) 828-s022 75 file://C:\Documents and Settings\cnewsom\Local Settings\Temp\XPgrpwise\4933F0F39w... 121112008 Page I of1 RE(0EIVED LEGISLATIVE SERVICES From: tsc To: Legislate -KÁvllooPs Date: \2lIl200B 12:36 PM Subject: Fwd: Urban Hens >>> "Nicole Borhaven" I support the Urban Hen initiative. Though I do not plan to undergo this project myself, I feel strongly about lett¡ilô people use their land for food proãuction when it's as harmless as this - better than havíng it shipped from afar! Sincerely, Nicole Borhaven 76 file://C:\Documents and Settings\cnewsorn\Local Settings\Temp\XPgrpwise\4933DA46gw... 121112008 Page I ot I HE@ E tlv le lÐ Fwd: Suppoñ for Urban Hens Legislate ffi Date: LZlLlz}}B 12:38 PM Subjech Fwd: SuPPott for Urban Hens >>> bonn Bonnie Klohn 819.1571 or 579.577t htLp : //www.campuscl imatenetwork.orgÁvíki/U rban Hen Movement Omelettes for Everyone! I '1 -l file://C:\Documents and Settings\cnewsom\Local Settlngs\Temp\XPgrpwise\4933DABEg'.. 12/112008 Page 1 of1 [îEGEIIVEÞ) ffiLEGISLATIVII SEHVICES Legislate t2lll2009 12:39 PM Subjecfi Fwd: Urban Hens >>> "Penny Powers" I'm writing in support of the Urban Hens project for Kamloops, my role as the chair of the TRU Environmental !n produce Advisory ðommiitäe, I have reviewed the litérature on many different kinds of projects that food in urban environments. Urban hens is one strategy that offers many benefits to the city and the citizens of that city, Along with community gardens, keeping ñens in an urban environment can 9o a long way toward we establishiñg a more local fôod source in reducing the transportation costs assocÍated with every bite of food eat. I urge you to support Urban Hens. Penny Powers, Ph.D., RN Professor, School of Nursing Thompson Rivers UniversitY 900 McGill Road, P.O. Box 3010 Kamloops, British Columbia CANADA V2C 5N3 office phone (250) 377 -6ße fax (2s0) 828-s450 http ://research.tru.ca/psqple/ppowers 78 file://C:\Documents and Settings\cnewsom\Local Settings\TempU(Pgrpwise\4933D4F4gw... l2ll12008 rage r ol I Fwd: Dear Mr. MaYor and CitY Cou .REærU ÐEC $ 2 zr,W Legislate L2ltl2009 L0:24 AM W Subjecü Fwd: Dear Mr. Mayor and City Counsel. >>> "Leslie Dyck" plan participate in the pilot I am writing to voice my support of the Urban Hen Movement. My family and I to project, and are very excited to see it at work. Our son is young, and we are so proud to have the opportunity to teach him first hand about being a responsible member of the globaf and local community. With small projects like the Urban Hen Movement, protecting growing our own produce, a,-nd choosing to eating locally, we are teaching him that sustainability and our environment make go'od sense - añd are eaãy to do with time and good conscience. We are also teaching him that small things, done ín a collective, can make a huge difference! Thank you in advance for your support of the Urban Hen Movement, and for reinforcing our belief in community. Sincerely, Leslie Dyck Leslie Dyck Disability Services Advisor Thompson Rivers UniversiÇ Direct: 250.37t-5941 Toll Free: 1.888.828.6644 Fax: 250.37I.5772 Email: [email protected] Website: www.tru.caldsd/disabilities x It may be that your sole purpose in life is simply to serye as a warning to others.x file://C:\Documents and Settings\cnewsom\Local SJtflgsff.mp\XPgrpwise\49338B4Fgw... 12lI/2008 REGEI]VEtÐ Fwd: Urban Hens !!ti!4¡3¡l?i/jrilrüI}¡,3rtpg{åã!/-,;'¿54Àa¡sil¡>}'1ilÈ¡tiÍt}¡ßf¿laøf¡1Ê t;ü;¡:¡ürñÃr5!¡Às.a¡rili3ii¿?¡iä¡,r¿lÂwJ¡iirùì LEGrsL4TLVEjEFYtcES, From: r(AML(}OP$ Ëc To: Legislate Date: LZlLl2}}B 10:23 AM Subjecü Fwd: Urban Hens >>> >>> Brandee Honkanen Dear Mayor and Council i ãm *rii¡ng in regards to the upcoming proposed urban hen project on dec 9th' by-law in Kamloops. I am a I am very much in support of this idea, and I would like to see a more hen-friendly where they are allowed student at TRU uno si,i,ù¡nó si¡ànces.'l believe that having hens outside, in backyards ímmune system for these birds. i; d¿k ui th. groun¿ áno eät a variety of foods and bugs Lreates a healthy pilot project was allowed' I would be proud to be part of a greener city if the by-law is changed or a Thank you Brandee Honkanen BO file://C:\Documents and Settings\cnewsom\Local Settings\Temp\XPgrpwise\49338827 gw... 121112008 R EG E IIVIË IÐ letter to to maYor and council rUU ie': ;}ÍJ¡;^rWìU{iSÌ':lùirì'å:lËlà lüilfrïïîìyl&l'ì¡ä$ilpi"¡Fll¡.1¿!ñ'â*:¡fl Ëi*JS;'gt/#Júþ:lîSìfilú!;SlÌ{!f¿lP¡5JrXt'i*{t5fig¡¡I$iìþg'!tÍit-ìr'lÍ";t4lll'Ì$l/lnúíUvdSri'¡"5i:Jj5¡Í{¡ü#i;lf DEC 03 2008 From: J Teebagy Dear Council Members, to legally keep chickens' i,m writing you to urge you to go forward in developing a plan for your residents my town of Belmont Massachusetts About 3 years ago *e-started allowing up to 5 hens per household in ). Although Belmont is classified a town because than rnany small cities' of its form or govemment, we have a greater population and are more dense just outside the city of Boston Belmont is a town of about 24,000 residents úuing in 4.7 square miles Massachusetts USA. cold climate. Although I have I heard that you had some reservations about the keeping of hens in a chickens. Many of the chicken temperatures as low as -10F in winter, I do not proviãe éxtra heat for my course they do need a coop to breeds were developed in New England where i liu., and are fine in cold or survive winter' Down protect them from wind and rno* *d predators. Think of the little wild birds that and feathers are great insulators' control officer insures that there is In our town we need a permit each year to keep chickens. our animal for appropriately' We apply no smell or mess and that the chickens are safã from predators and being cared for new permit and pay a fee to our town eachyeat' keepers in town is small at Because we are a densely populated town, the average size lot of our chicken lots this small or smaller' about 6000 sq feet. tt is not diff,rcult to keep hens wiihout smell and noise on areas for purpose of Although chickens are an agricultural animal, they are now considered pets in many foyd in cities definition. This seems more-appropriate for the small flock size of under adozenusually and cats and allays fears of some and suburbs. It allows them to 6e regulated in a similar manner to dogs that if we allow chickens today we might have to allow goats and pigs next. pet that I know of that On a humorous note I would also like to point out that chickens are the only believe they actually prepares breakfast for you. I urge you to consider allowing chickens in your city. I great educational experience for improve quality of life and foster a sense of community as well as being a children. Of course we all love the delicious eggs too' Sincerely, Joan Teebagy Belmont Massachusetts USA to be put in touch with our pS If you have any questions or would like more information or woulcl like animal control officer, please feel free to contact me' B1 Page 1 of1 Urban Hens E, tiv E lÐ From: "Gisela" To the Mayor and Council of Kamloops: that I wish to add my voice to the many supporters of the Urban Hen project. lt is becoming increasingly apparent we need to tweak our attitudes wiih resþect to what is acceptable in our neighbourhoods in order to become better global citizens. Current trend towards super-sanitized, homogenized and compartamentalized develoþment is unhealthy and unsustainable. ln the interests of becoming more "civilized", we have moved increasingly further and further away from natural and healthy living. Allowing poultry to return to backyards is a small step to reverse this dangerous trend. ln addition, allowing a few ¡ens foi iood production is a greãt i¡t with the healthy environment that we wish to create here in Kamloops. lt should be a no-brainer, since hens are extremely low-impact in terms of neighbourhood noise, smell, etc' I would hazard a guess that most people in a neighbourhood would be unaware that one of their neighbours were keeping a few hens. A few years ago, I did have the opportunity to keep 3 chickens in a suburban environment. They stayed within my fencecí yard, a'nd I did not receive a single-complaìnt. When I moved away from the area and couldn't take the chickeni, my immediate neighbour waJthrilled to "inherit" them (and their coop) from me. The benefits of keeping chiókens for us weré I ) fresh eggs for practically zero work or cost, 2) a chance for my children to inteiaciwith animals, and 3) the opportunity for all of us to learn more about the food cycle. There were no negatives. I would strongly urge Council to support the Urban Hen Pilot Project. lf indeed there are problems, these would become apparónt ðuring this trial run. What can be lost by agreeing to a small-scale, environmentally- responsible, fixed term experiment? Sincerely, Gisela Ruckert B2 file://C:\Docurnents and Settings\cnewsom\Local Settings\Temp\XPgrpwise\4937F2299tv... 121412008 >>> >>> "Jonathan Van Hamme" To: Mayor and City Counsillors of Kamloops REGEIIViEIÐ R.E. Urban Hen Project Ð80 0 5 200fl LE GI S I.ATI''E SËIìVI CES Mayor and Coucil, Dear $ professionally, I am an Assistant Professor of Microbiology at Thompson Rivers University and my overall research program encompasses the field of Environmental Microbioiogy. I have searched the current scientific literature and spoken with some of my colleaguãs who specialize in food safety, and have found no evidence to suggest that thå proposal being put forward as part of the Urban Hen movement would result in n.gätiit health outðorn.t for people and wildlife provided that the program is imllemented properly. Training and establishment of straightforward best-practices approaches *ilt ónrui. a succeisful program. A recent scholarly paper examining risks associated with backyard flocks larger than those being proposed for Kamloops concluded that "...otler than a very few locations with high density of backyard flocks, commercial operations that practice good biosecurity would seem to be at fairly low risk of disease transmission from backyard flocks." (Garber, L , G. Hilla, J. RodrigUeza, G. Gregoryb and L. Voelkera. 2007. Non-commercial poultry industries: Surveys of back- yurJutd gamefowl breeder flocks in the United States. PREVENTIVE VETERINARY MEDICINE. 80:120-128) In addition, as a member of the new Environmental Advisory Committee at TRU, I have a strong interest in implementing forward-thinking projects and policies in order to work towards carbon neutrality. I strongly feel that encouraging local food production through projects such as the Urban Hen initiative must be championed by those in decision making positions. Yours, Jonathan Van Hamme. PhD 2s0-377-6064 250-573-7806 i onathan.v¿inhamme@gmail. com B3 iilrËG E uvE lÐ 8:20 PM >>> >>> "Chris and Sarah Harder" My name is sarah Harder and I live on the North shore of Kamloops. three I ãm writing to express my interest in being able to raise two or chickens fõr the purpose of collecting their eggs for the wholesome nourishment of my family. I support the urban Hen Movement and hope to take part in theii pilot project. I have communicated this to my next-door neighbors who have no objection to it and, in fact, love the idea. Being able to produce healthy food from my own backyard is richly r"*uiding. lt also provides a great sense of security because I know exactly w:hat has gone into my food, how.it has been treated, and whereit comes frõm. That is a rare thing'these days. Chickens would eat the bugs, and weeds out of my garden, which reduces the need for using pãsticides. They would provide great, nutrient rich compost and the! can help to aerate and cultivate my soil. I feel that my rights are violáted by not being able to have the freedom to use my land for such a good and wholesome Purpose. I humbly ask that you change the city by-laws to allow citizens like myself io ra¡se a small number of egg-laying hens on our "under an acre" properties within the City of Kamloops. Thank you for your time Sincerely, Sarah Harder B4 f-.1 ¡¡¡ IREGEIV ll.:¡ i!J/ 33'tt "i3 NS\i 2 r 200it Valleyview Communit bion 1965 VaJ_leyview Drive Ka4loops B.C. V2C4C1 . November 24 | 2008 Mayor & Council, City Hall, Kamloops, B.C. ï am writing on behalf of the valreyview community Assn. reguesting that consideration be made in taking to reduce the lmpact of commercial lighting in our neighbourhood,"i"p" particularly the intrusive commercial- 1i9htiñ9 between River Road and Tanagrer Road. Last November Kevin Hydes, chairman of the lVorld Green Building council, spoke in Kamloops and complimented the city for the centre for lrlater euality buirding as an "examplar" green buiLdings. He also noticed, when frying into Kamloops,"r that we have excessive righting on the cai róts - that "Kãmioops has acres of l1t l-ots all night". street lighting in I(amloops utilizes single soft amber high- pressure sodium lights that, directed downward, light the streets but have very rittle impact outside the cone of ill-umination. contrast this with the type of lighting used at several car lots: some use multiple head light. stañdards with harsh bright white metal hallde floodliqhts ãt a 70-80 degree angle which direct light over the rooftops of the resiaeñtiat .rãighborrrhood and reflects off the s1lt bluffs in varleyview, more ttran two blocks av\,ay. These lights are so bright that you cannot look directly at them if you clrive down thã frontage road. one car lot is the exception. using shorter lamp standards, 1t has lighting clirected downward wñi-ch lights the cars without lighting the whole neiç¡hbourhood. whll-e \^re recognize thg irnportance of commerce to our city, there nust be a reasonabre "living together" of residentiar and commerciar space and the current situation in vatleyview is not reasonable. Excessive intrusive llghting is a form of polJ_ution, and is not only a nuisance, but also a costly wasle of energy. rn connection with the city's commitment to ',grreen" devéropment , / \,ve urge council- to consider introducing a byraw making rigrrt pollution i1J.egal, and work with BC Hyãro to provide incentives to reduce excessive l-ight revers in arr parts of the city. -'4 ¿4 \zbvv%:\/LRJ_ Tom WaIl-ace, Chairman, Valleyvlew Community Assn 'i4 p osiriae aoice for!$leyaiea Rtsidents " ffiTVED-- Aqeo -01 :?l Kamloops Regional Farmers' Market Society ÐEC CI 3 ?008 Box t282 Kamloops, BC vzc 6H3 ffi Dec, 3,2008 Mayor and Council City of Kamloops 7 Victoria St. W. Kamloops, BC vzc lA2 Dear Mayor Milobar and Council Members, The Board of Directors of the Kamloops Regional Farmers' Market Society has asked me to write a letter regarding the possibility of the City installing a public drinking water fountain at the Saturday Farmers' Market location (200 block St. Paul Street). 'Water We are pleased that the City's Treatment Plant provides high-quality water for the citizens of Kamloops. All of our vendors and some of our customers spend a considerable length of time at the market, and not all are able bring their own water supplies. Some vendors have therefore been selling bottled water to meet the demand for water. 'We Bottled water is extremely detrimental to the environment in many ways. would prefer to be able to direct customers to a more sustainable solution, such as a nearby drinking water fountain. We would like to know how plans are progressing to provide such fountains in more areas of the City. We respectfully request that the 200 block St. Paul Street (or possibly Gaglardi Square) be considered as a location for a public drinking water fountain. Although our non-profit society does not have a great deal of money, we would be very willing to contribute to such a project. Yours sincerely, Anne Grube Treasuret, KRFMS 86 REGIÊIIV/IED Otr{S _ Êo L_o4 N0v'2 4 2008 l' LEG lS l_/r,Ti 1/ rl g f: ír r, r.:¡ .*¡i-:.--...- ^c KAi\iì i..t){.'lrij', ., ; --' BRITISI-I CoruÀ¿et¿ October 7,2008 Ms. Jaclcie Tegart President Southern lnteri or Local Government Association 1996 Sheffield rWaY Kamloops BC VZEZMZ Dear Ms. Tegart: Local Govel:runent I am replyi¡g to your August 19, 2008 letter regarding the Southern interior Association (SILG,A) member resolutions. to 'Ihe lvfinistry of public safety and solicitor General is researching a number oJ strategies (SAR) organizations in address ongäing fupding ()orr.r*, faced by volunteer Search and Rescue British Colurnbia. The Ministry cunently provides operational expense reimbursement of over $1.7 million and annually to äileviare 5ÁR r"rponse costs. lnZ}}l t}g,thlough the Ministry's Gamíng Policy Enforcement Branch, additional funding of $1.9 million was provided to assist with equipment acquisition, training ancl other associateã costs. This same fiscal year, grants totalling $750'000 wel aiso provicledlto SAR organizations to assist with preparations for floocl response. to Through the provincial Emergency Program (PEP), the llinistry provicles $250,000 in f'unding the Jultice Instirute of British Columbia for the coordination and delivery of SAR training programs. The Ministry also assists volunteer SAR groups in accessing federal funding tluough it.Joint Emergency pr.eparedness P.rogram and the SAR New Initiatives Fund. In 2007108, British Colurnbia was awarded over $1.3 miliion inNew Initiatives Funding for a three-year per:iod. In addition to these funding mechanisms, many volunteer SAR organizations also enter into selvice agreements to ensure additional sources of funding are available. ...12 Minisrry o[ Office of rl¡e Mailing r\ddress: Public Safety Ministcr P() Box 9013 Stn ll¡ov Ç¡rvc Vicrorirr BC V{lW rE2 ¿rntl Solicit<¡r Gcneral 87 Ms. Jackie Tegart Page? riVith The funding model for the delivery of SAR is continually rnder review. the advent of satellite distress alerting technologies combined with the increased availability of wilderness reqeation insurance and high profile media coverage, cost recovery options continue to be explored. Specific to the cellular phone coverage issue, the Province recognizes the imporfance of tJlecommunications as a clitical tool for notification and response during enrergencies and disasters. Emergency Management British Columbia continues to work with a broad spectrum of emergency response and emergency management committees and stakeholclers, such as the Regional Emergency Telecommunications Committee, whose goal is to advance emergency teiecommunications services and. capabiiity. The management of the radio frequency spectrum, inChidin! that used by cellulal providers, fall under the jurisdiction of the Government of Canada. Information on spectrum management programs is available on the Industry Canada website located at: lrttp ://www,ic. sc. calepic/site/smt- gst.nsf/en/horne. Thank you for bringing these Southem Interior Local Government resolutions to my attention. Yours sincerely, ,n (/ / c /Yl'V/,-,- nn-T-/ U -T .lohn van Dongen Solicitor General 88 RE@EIJVE N0v'2 { 2008 Kamloops Retired Teachers' Association LEGISLAT'VE SERVICES 1912 Gloaming Drive KAMLOOPS BC Kamloops, B.C. City of Kamloops, 7 West Victoria Street, Kamloops, B.C. v2c tA2 November 17,2008 Dear Mayor and Council: Re: Request to form a Seniors Advisory Committee The Kamloops Branch of the British Columbia Retired Teachers' Association strongly supports this request and passed the following nioti'bn at their monthly meeting on Friday, October 24,2008, "The Kamloops' Retired Teachers'Association supports the formation of a Seniors Advisory Committee for the city of Kamloops". Our branch is affiliated with COSCO (Council of Senior Citizens Organizations of BC). "Don't Plan for Seniors - Plan with Seniors" was a clear message delivered to over 400 delegates attending the COSCO conference in Richmond in September. The "Conference on Seniors' Health, Housing and Income in a Global Age-Friendly Community" was attended by members of affiliate groups, as well as many mayors, councilors or administrators of cities, towns and villages across BC. Kamloops Retired Teachers'Association awaits your decision on this request. Our group of 376 members would be interested in having a member serve on a city Seniors Advisory Committee. /,!-4bYours truly, Danel Johnson Advocacy/COSCO Rep. 250-372-3194 cc Rick Turner B9 It 250. i,:: MINUTES OF A REGULAR COUNCIL MEETING 2008 October 21 ;;i:.' Page 9 ,Éllt ä¡ t 7. RECESS: tïi:' The meeting recessed at 2:44 P.m. .rÀ!; il 8. RECONVENE: i¡;ir The meeting reconvened at 3:00 P.m. !r J. G. De Cicco, J' L' Harker, il': PRESENT: Deputy'Mayor J. H. O'Fee, Councillors f.' Ti Lange, J. N. Leong, A.H. Singh, and'P' A' Wallace' t Councillor P. G. Milobar arrived in Council Chambers during the ri "Response'to Delegations" portion of the meeting' ¡li . I. I W. Hrycan, Planning !! community and corporate Affairs Director L. it tj and Develópment Manager R. l-. Lambright, and Legislative Assistant in Training T. J. Blundell. ¡ i: * 9. DELEGATIONS 'tb I .Representat¡ve, I M¡:. Rick Turner, Kamloops' Health coalition, E t 87.3'Senecá:Place , á;; ñ;;ìno'ü"Ãl"qps senior'Friendlv It Mr. RickTurner, representat¡ve, Kamloops' Health Coalition, presented ì Councilwith a briei verbal presentation with regard tp the creation of a l. sen¡ors'advisory cornm¡ttee,and adv¡sed that KamlÔops hAs needed a T per cent of Kamloops'populat¡on is ':ã sen¡ors'commitiee'forsome"time as 16 Ìi' 65 and older. A seniors' adVisory committee would offer wisdom and knowtedge,as'welt as.¡ nf.gltm Cou ncil .of any sen¡ors' jssues w¡thi n advisory T Kamloopl. He formally requesied that Council create.a sen¡ors' li. with.rthe forrnation of one Council member' one staff member, i:{: commitiee l: and;two sen¡or res¡dents of Kamloops. N -: for Humanity il: Mr. Ramey Campbell, Director,'Habitat I Re: Rezoninq of 1190 McLean Stree!- 1:, Mr. Ramey Gampbell, Director, Habitat for Humanity, presented Council with a brief verbal'presentation with regard to Councills decision to not sell the property at 1190 McLean Street to allow Habitat for Humanity to i conltruct a duplex. He adVised that Habitat for Humanity is partnering with i; Thompson Rivers University's electrical and plumbing departrnentsto assistwith bringing the project to lockup stage, the landscap¡ng will be I finished,in the summer of 2009, and the interior work will be completed by vol.unteers throughout the winter. He further advised that l-labitat for Humanity is not in the business of providing social housing, but rather Il: building homes for people in need who are unable to qualify for moÉgages i through other means. He requested that Council reconsider the sale of 1 190 McLean Street to Habitat for Humanity. I t, ;::. ltl I 90 f:' i-' 251. 2008 October T MINUTES OF A REGULAR COUNCIL MEETING 21 Page 10 t 9. DELEGATIONS: (CONTINUED) T Dr. Twila Burgmann, Resident of Westerdale Coutt Re: Aberdeen Neiqhbourhood Plan presented Dr. Twila Burgmann, a resident of Westerdate Court in Aberdeen, I proposed Council with ã brief ÞowerPoint presqntation w¡th regard to the Aberdeen Neighbourhood Ptan. She advised that the residents of golf westerdale court are opposed to any changes made to. the Aberdeen t course. She reviewed a synopsis of the concerns received from the proposal nelghbourhood and requested council defer the rezoning until ,l thelberdeen residents are provided an opportunity to voice their concerns at a public meeting. 10. RESPONSE TO DELEGATIONS: t Mr. Rick Turner, Representative, Kamloops' Health coalition' 873 Seneca Place ,t Re: Keepinq Kamloops Senior Friendlv . Moved by councillor wallaie, seconded by councillor De Ciccó that council authorize the issue regarding the. ; creation óf a sen¡ors' committee be referred to a Council WorkshoP for consideration. t CARRIED. Mr. Ramey Campbell, Director, Habitat for Humaniiy ,t Re: Rezoninq of 1190 Mclea by Leong, Moved by councittor Harker, seconded Çgrunc-illo.r. .H that Council authorize a letter be sent to Habitat for Humanity suggesting that it hold another public meeting with the neigiUour-hood to receive input and advising that Council is ope-n to reconsider selling 1 190 McLean Street with any f; proposal that is brought forward. CARRIED. c (Councitlor Milobar arrived in Council Chambers at 3:51 p'm') Dr. Twila Burgmann, Resident of Westerdale Court t Re: Aberdeen Neiqhbourhood Plan It was the consensus of Council that staff hold a public meeting with the H developer and staff in attendance for the Aberdeen neighbourhood.before the public hearing in order to alleviate any concerns the neighbourhood has. f, Ë 91 T I Bzutlsu Colun¿em The Best Place on Earth November 19,2008 Mayor and Councillors City of KamlooPs ? Victoria Street West Kamloops, British Columbia vzc lA2 Dear Mayor ancl Council: on the work of the Mobile Business Licence I am writing to provide you with an update project. Similkameen regions launched a In January 2008, municipalities in the Ok anaganand pilot project, eligible mobile businesses have the pilot project for mouieîurin.rrrr. un¿"t trtã gusiness (tr¡gl), allowing them to work in all 17 option to upgrade to the Mobile Lic.n.. participating communities' has been completed' showing that the MBL An interim report of the pilot project has recently and participating municipalities' over 1'900 been strongly embraced by both businesses above the2007 baseline of Licences were sold by the end ãf .Lugust, well Mobile Business MBL have also with multiple licences. The strong sales of the 1,168 mobile businesses without an s160,000. Ã11 of thrr has taken place resurted in a regional revenue increase oiou.t in"r.urrinadministrationfromthemunicipalities' Acopyoftheinterimreportandasupportingvideoareavailableonlineat- ness2.asp#l' ce ôe' htþ.//www.sbr. sov.bc. /resource-centre/bu-' is seeking to bring similar success to all The Ministry of small Business and Revenue y.gu to take this opportunity to municipalities in British Columbia. I strongly encourage witfr neilnbóuring municipalities to establish a support local mobil. ùurin"rr"s by partne¡iË MBL agreement. licensing agreement' I encourage If your municipality already participates in ariìnter-mirnicipal This was the model of the you to consider expanding itìo surrounding ibmmulili9s. pro¡ect, expanded from seven to seventeen participating okanagan-similkameen iilot *niíh municipalities' ...12 Locatiou: Office of rhc Mailing Address: . of 124 Ministry PO Box 9065 Stn Plov Govr Roonr and Revenue lvlinistcr Buildings, Victolia Sn¡all Busirress Victoria BC VsW 982 Parlia¡nerrt ResPonsible and Minister (Lflpl'on", 250 316'6611 n ebsite: for RegulatorY Reform i.äì,tll"' 2503i6'8294 s,lvw.sbr'. gor'.bc'ca If you would like any furtlier information on the Mobile Business Licence project, or if my staff can provide further assistance in your endeavours to support small business, please contact Nicola Lemmer, Project Director, at250 952-0607, or at Nicola.Lemmer@eôv.bc.ca. I would also like to take this opporfunity to thank you and your community for supporting the BizPaLprogram. Yourparticipation in partnering with the provinciaT and federal governments to offer úteBizPaLservice to your community assists in making British Columbia the most small business friendly jurisdiction in Canada. You may be interested in a BizPaL informational video that was recently posted at www.behizpalca. If I can be offurther assistance, please contact my office directly at250 356-6611, by calling Enquiry BC toll-free at 1 800 663-7867 and asking to be hansferred to my office, or by email at SBR.Mini [email protected]. ca, Sincerely, Kevin Krueger Minister of Small Business and Revenue Honourable Blair Lekstrom Minister of Community Development Robert Hobson President Union of British Columbia Municipalities John ÏVinter President British Columbia Chamber of Commerce Local Chamber of Commerce Nicola Lemmer Ministry of Small Business and Revenue 93 REGEryWtsD âtor10'oL + J4tt-ot Safer Communities and Neighbourhoods Act NtV'3,.* 2008 Þ1}}Jn{-} i.^::!:d:ia!¡g:Á-ùg,{:Àìüìt!¿Ít{.:ít:.¿1¡Jít:t¡¿çtErt:ltå¿í!It3$9;iììt::lii"ï;¡ç.ì,t¡T..,lt¡í.1!Él:äfr ,:-!{ r¡fd:il*ì1,'¡l€,ti'ií{nÉ'¡}¿¡?{, LEGIS LATlVlj .SEBVi CES FC (weassoc KAVILOÛiJS From: " G erry Morden " iation@gmail. com> To: To Mayor and Council Safer Communities and Neighbourhoods Act (SCAN) legislation would give residents the tools to take back their neighbourhoods by reporting problem residences and businesses. It also holds property owners accountable for threatening or disturbing activities regularly taking place on their property. SCAN is designed to improve community safety by targeting and, if necessary, shutting down residential and commercial buildings and iand which are habitually used for illegal activities such as producing, selling or using illegal drugs, as well as prostitution, solvent abuse or the unlawful sale and consumption of alcohol. Our law enforcement agencies are seeing an increase in drug and prostitution-related criminal activity and our government needs to provide the legislation necessary to ensure residents feel safe within our neighbourhoods and communities. The Safer Communities and Neighbourhoods Act (SCAN) legislation sends a strong message, especially to drug dealers and criminals, that we do not support their activities. The SCAN Act where it has been used shows that shutting down operations does make an impact. If the people engaged in the illegal activity move to another property, or even another community, they can be tracked and evicted again. Through this process, illegal operations are disrupted to the point they can no longer continue. This type of enforcement is not possible under any existing British Columbia law. We need this legislation now, please let the B.C. Government know that you support this initiative. Gerry Morden Chairperson file://C:\Documents and Settings\cnewsom\Local S"$iÍgrff.mp\XPgrpwise\49265448g... I1l2ll200B Yage'¿ or.2 Whalley Enhaneement Associatisn 13788-105a Ave Surrey, BC v3T 2B.4 6M-318-3196 weassoci ation@ gmail. com 95 file://C:\Documents and Settings\cnewsom\Local Settings\TempU(Pgrpwise\49265fu489... 1112112008 fiStultoUa I rúr¡nænart Aws}çí^atí*w' ry il. com 13788-105A Ave Surrey BCV3T 2B.4 604.318.3196 weassociation@gma Safer Communities and Neighbourhoods DISCUSSION: The Safer Communities and Neighbourhoods Act (SOAN) is a provincial Íaw enacted in numerous Canadian provinces including Albãrta, Manitoba, Saskatchewan, Yukon, and Nova Scotia. SCAN is intended to allow for enhanced neighbourhood safety and harmony by targeting the property owners and landlords of consistent problem addresses. Owners and businesses are held accountable for activities occurring on their properties. SCAN legislation would apply civil law to counter the impact on neighbourhooãs of entrenched drug and prostitution operations based out of homes and businesses, This Act would only apply to illegal activities that have a negative effect on the community and are ongoing, not activities'tnãt only happen occasionally. Criminal law targets individuals rather than the activity that is taking place at a property. Numerous communities in British Columbia are facing issues caused by properties associated with the sale and use of illegal drugs, commonly called crack houses. Although the combined efforts of the police, By-Law anO puU¡¡õ Health have resulted in the closure of many such properties, the process is slów and cumbersome. SCAN legislation would provide increased powers to act on problem properties and quicker resolution of problem addresses. The intent of the SCAN legislation is to provide a framework for all complaints received to be.subject to review by an investigation unit. lf investigations determine that there is enough evidence to support escalation of complaints, action is taken through such means as warning letters, court orders etc. RATIONAL: Similar to British Columbia, Manitoba has a Criminal Code, as well as a Resrde ntial & Tenancies Act that regulates landlord and tenant relations, outlines mandatory conditions in rental agreements and sets out procedures to follow in the case of a dispute. ln 2001, Manitoba was the first Canadian province to enact SCAN legislation. SCAN was developed and implemented by Manitoba legislators to ensure the peace and safety of communities and neighbourhoods, as well as to protect communities and neighbourhoods from disruptive activities. Sections of Manitoba's Reside ntial and Tenancies Acf were consequentially amended to reflect SCAN legislation. The concept of SCAN was introduced at a time when Manitoba was facing several social issues and challenges that included: o an arson crisis in Winnipeg; . appearance of street sex trade in Winnipeg; . significant levels of auto theft; o introduction of organized crime - greater connection with local street gangs; o poverty and unemploymenlunderemployment; o transient population; and 96 . lack of community involvement and awareness. SCAN's purpose is to hold property owners accountable for recurring threatening or disturbing activities that take place on their property. Under the auspices of SCAN, an investigative unit is dedicated to conducting investigations of ongoing activities at properties related to: . unlawful drug use, dealing, production or cultivation; o prostitution and related activities; . unlawful sale of liquor; . unlawful use or sale of intoxicating substances- non-potable and solvent based products; o sexual abuse or exploitation of a chíld or related activities; and o possession or storage of an unlawful firearm, weapon or explosive. o having a fortified building (included with Alberta SCAN Act) As per Manitoba SCAN legislation, residents with a community safety concern could file a complaint with Manitoba's Director of Law Enforcement if residents believe that their communities or neighbourhoods are being adversely affected by activities on or near a property in the community or neighbourhood, and that the activities indicate that the property is being habitually used for a specified use. All complaints are confidential, and the identity of complainants is not revealed at any time. Evidence withstanding, the Director rnay take several actions to resolve issues: investigate complaints; require complainants to provide further information; issue a warning letter to the property owner or its occupant, or to anyone else the director considers appropriate; resolve problems out of court; apply for a Community Safety Order, with or without a Closure Order against properties; apply for an Emergency Closure Order; decide not to act on a complaint; or take any other action that the Director considers appropriate. lf Community Safety or Emergency Closure Orders are granted, notices and copies of orders are posted on impacted properties. Copies of orders are also served to property owners, who are then ordered to remediate the problem and bar tenants from continuing in specified activities. Orders may include provisions ordering some or all people to leave a property for a specified amount of time if they have been involved in concerning activities. Tenancy agreements and/or tenant leases may be terminated. Properties in violation may also be closed for up to 90 days. lf the people who are causing the problem move to another house, SCAN Act can be used to gather evidence and evict them again. SCAN legislation allows provisions for tenants of impacted properties who were not involved in illegal activities to apply to courl for an order variance which would allow them to return to their properties. Applications must be made within 14 days of being served wíth an order. Orders may also be appealed within 14 days after an order has been pronounced or within such further time as allowed by a judge. Judges' decisions on applications to leave for appeal are final and not subject to further appeal. PropeÉy owners who do not comply with Community Safety Orders may face a number of penalties, including a daily fine of $500 for every day non-compliance, as well as other fines or imprisonment if found in contempt of the court. lf tenants do not comply with an order, they may also be liable to fines of up to $500 and/or imprisonment if found in contempt of the court. lf owners are found, as a result of investigations, to have been falsely accused, complaints are dropped. Owners who have been found to be innocent and found to have taken reasonable steps to prevent illegal activities in their properties will receive help in removing problem tenants. 97 in 2002. Since that The unit responsible for the SCAN legislation was operationalized in Manitob a time, the following statistics relates toìomplaints and enforcement up to May 2007 ' complaints Received Numbers comments (betw een 2002 and November 2008) Source from Al Cameron Manager-Public Safety lnvestigations (PSl) Manitoba Justice properties had multiple o There have been 2,j08 complaints involving 1805 properties. (Some complaints) orders . S3|operations were closed lnvolving 454 of the complaints; 2 complaints required court and 321cases were resolved through mediation with tenants and owners closed by o 21g drug, prostitution and solvent abuse operations involving 304 complaints were a Court Order; Manitoba public sátety lnvestigations Unit. ónly one of these operations required . seizure of over $2 million dollars in drugs as a result of SCAN-related investigations; outstanding , 117 police arrests of adults and youth for Criminal Code offences, drug offences and warrants; o Shut down of several marijuana grow operations; . No false or malicious complaints received; o No civil rights violations have been claimed, and of a . Low re-offending rate. Only six individuals reappeared in new investigations after closing problem property. No problem addresses have reoccurred. consists of one $g00,000 budgeted for 2008-0g fiscal year (includes equipment, wages, etc.); unit manager, seven investigators, one regìstrar and two surveillance analysts. lnvestigators are former its officers. Un1 also supptiäs police withlnformation on criminal activity that it has uncovered through investigations. scAN investigators would work with Pol¡ce and community efforts to reduce or elim¡nate illegal activ¡ties in their community. fn¡s legislation will provide our police forces put the needed support and tools they need to begin the battle against these types of crime, as they join residents first and continue to focus on public safety issues in British Columbia. Please with us in sending a strong signal to drug dealers and criminals that we do not support their activities. (1) We respectfully request of Mayor and Councíl to pass and/or support a resolution or similar resolution at the annual General Meeting of the Union of British Columbia Municipalities that the Government of British Colurnbia adopt "Safer Communities and Neighbourhoods" legislation' modeled after the Province of Atberta's legislation, in order to address the public disorder and neighbourhood deterioration caused by illicit drug houses, problem addresses, and the issues associated with them. (2) We respectfully request of Mayor and Council to pass a resolution or similar resolution that the Government of British Columbia adopt "Safer Communities and Neighbourhoods" legislation, modeled after the Province of Atberta's legislation, in order to address the public disorder and neighbourhood deterioration caused by illicit drug houses, problem addresses, and the issues associated with them. please see attached Alberta Safer Communities and Neighbourhoods legislation which is the most recently passed legislation. 9B SAFER COMMI-INITIES AND NEIGHBOURHOODS ACT Chapter S-0.5 Table of Contents L Definitions 2 Delegation Part 1 Safer Communities and Neighbourhoods 3 Interpretation 4 Complaint to Director 5 Director's actions after receiving complaint 6 Application for community safety order 7 When court may make community safety order 8 Director may apply to vary order 9 Court may set aside or vary order Application for Variation by Resident of Residential Property 10 Interpretation ll Application for variation by resident 12 'When court may vary community safety order Application by Complainant for Community Safety Order L3 Application by complainant for order t4 When court maymake community safety orders 15 Service on the Director 16 Discontinuance of application by complainant 17 Director may appear in application 18 Costs on frivolous or vexatious applications 99 General 19 Court must consider merits 20 Variation apPlications 2l Service 22 Registration of a caveatbased on a community safety order Appeals 23 Appeal 24 Limitation on other actions and proceedings Closure of Property by Director 25 Director maY enter ProPertY 26 Occupants required to leave property 27 Respondent must pay cost of closing property 28 Recovery of Director's costs - filing of certifrcate 29 Appeal to court re certificate Role of the Director 30 Director's authority Confi dentiality of Complaint 3l Complaintconfidential 32 Non-compellability General 33 Effect of transfer ofproperty 34 Offences and penalties 35 Relationship to other Acts 36 Crown bound 100 Part2 Fortified Buildings 37 Interpretation Inspectors 38 Appointment of insPectors 39 Identifrcation card 40 Investigation 4l Copies of records 42 Warrant authorizing entry Designation and Orders Respecting Fortified Buildings 43 Designating fortified building a threat to public safety 44 Removal order 45 Closure order 46 Service 47 Registration of a caveatbased on a removal order or closure order Appeals 48 Appeal of removal order 49 Decision by court 50 No further appeal 51 Appeal stays operation of removal order 52 No appeal of closure order Closure of Building by Director 53 Director may enter building 54 Director to close building 55 Responsibility for cost of closure and removal 56 Recovery of Director's costs - filing of certificate 101 57 Appeal to court re certificate General 58 Offences and penalties Part 3 General 59 Assistance ofpeace officer 60 Presumption re offences 6l Limitation on prosecution 62 Other remedies preserved 63 Immunity 64 Regulations Part4 Consequential Amendments and Coming into Force 65,66 Consequentialamendments 67 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Defrnitions 1 ln this Act, (a) "building" means a structure of any kind, or part of a structure, including (Ð an apartment, (iÐ a co-operative housing unit, (iiÐ a condominium unit, or (iv) a mobile home; (b) "Court" means the Court of Queen's Bench of Alberta; (c) "criminal organization" means a criminal organization as defined in the Crimínal Code (Canada); (d) "criminal organízation offence" means a criminal organization offence as defined in the C r irn i n a I C o d e (C anada) ; 102 (e) o'Director" means the Director of Law Enforcement appointed under the Políce Act; (Ð "gang" means a group of individuals, usually identified by a group name or designation, who associate with each other for criminal or other unlawful purposes; (g) "Minister" means the Minister determined under section 16 of the Government Organization Act as the Minister rgsponsible for this Act; (h) "owner" means, in relation to property) (Ð a person who is the registered owner of title to the property pursuant to the Land Títles Act, (iÐ a person who is entitled to be the registered owner of title to the property pursuant to the Land Titles Act, (iiÐ a person shown as the otryner of the property in the municipal assessment or tax roll records for the property, (iv) a person who manages or receives rents from the property, whether on his or her behalf or as agent or trustee for another person, or (v) any of the following persons in whom the property or any estate or interest in the property is vested or with whom decision-making responsibility legally resides: (A) a guardian, (B) an executor, administrator or trustee, or (C) an attorney under a power of attorney; (i) 'þerson" includes a partnership, limited partnership or unincorporated organization of persons; CI) "Registrar" means a Registrar as defined inthe Land Titles Act. Delegation 2 The Director may delegate the Director's powers, duties or fi.rnctions under this Act to an employee under the administration of the Minister. Part 1 Safer Communities and Neighbourhoods Inteqpretation 3(1) In this Part, (a) "complainant" means a person who has made a complaint to the Director pursuant to section 4; I : 103 (b) "intoxicatingsubstance"means (i) glues, adhesives, cements, cleaning solvents, thinning agents and dyes containing toluene or acetone; (ii) petroleum distillates or products containing petroleum distillates, including naphtha, mineral spirits, Stoddard solvent, kerosene, gasoline, mineral seal oil and other related distillates of petroleum, (iii) fingemail or other polish removers containing acetone, ¿liphatic acetates or methyl ethyl ketone, (iv) any substance that is required pursuant to the Hazardous Products Act (Canada) or the regulations pursuant to that Act to bear the label "Vapour Harmful",'oVapour Very Harmful" or "Vapour Extremely Harmful", (v) aerosol disinfectants and other aerosol products containing ethyl alcohol, or (vi) any other product or substance that is prescribed in the regulations as an intoxicating substance; (c) "property" means (i) a building and the land on which it is located, and (iÐ land on which no building is located; (d) "respondent" means the owner named as a respondent in an application made pursuant to section 6 or 13; (e) "specified use" means, in relation to property, the use of property for (Ð the manufacturing, import, purchase, sale, transport, giving, possession, storage, consumption or use of liquor, as defined in the Gøming and Liquor Act, in contravention of that Act, (iÐ the use or consumption as an intoxicant by any person of an intoxicating substance, or the sale, transfer or exchange of an intoxicating substance if there is a reasonable basis to believe that the recipient will use or consume the substance as an intoxicant, or cause or permìt the intoxicating substance to be used or consumed as an intoxicant. (iii) the possession, gtowth, use, consumption, sale, transfer or exchange of a controlled substance, as defrned in the Controlled Drugs and Substances Act (Canada), in contravention of that Act, (iv) child sexual abuse or activities related to child sexual abuse, (v) prostitution or activities related to prostitution, (vi) the commission or promotion of a criminal organization offence, (vii) the accommodation, aid, assistance or support of any nafure of a gang or criminal organization or any of its activities or the facilitation of any of its activities, or 104 (viii) any other use prescribed in the regulations; (Ð o.tenancy agleement" means a.residential tenancy agleement as defined in the Act. Residential Tenancies Act or a tenancy agreement as defined in the Mobile Home Sites Tenancies if the (2) For the purposes of this part, acommunity or neighbourhood is adversely affected by activities activities (a) negatively affect the health, safety or security of one or more persons in the community or neighbourhood; or (b) interfere with the peaceful enjoyment of one or more properties in the community or neighbourhood, whether the property is privately or publicly owned. Complaint to Director 4 A person may make a complaint under this Part to the Director that (a) states that the person believes (Ð that the person's community or neighbourhood is being adversely affected by activities on or near a property in the community or neighbourhood, and (iÐ that the activities indicate that the property is being habitually used for a specified use, (b) is in a form and manner acceptable to the Director, and (c) contains any other information that the Director may require. Director's actions after receiving complaint 5(1) At any time after receiving a complaint, the Director may do any one or more of the following: (a) investigate the comPlaint; (b) require the complainant to provide further information; (c) send a waming letter to the owner of the property or its occupant, or to anyone else the Director considers appropriate; (d) attempt to resolve the complaint by agleement or informal action; (e) apply to the Court for a community safety order; (Ð decide not to act on the complaint; (g) take any other action that the Director considers appropriate. 105 on a complaint or not (2) The Director shall notif, the complainant in writing if the Director decides not to act to continue acting on a comPlaint. (3) The Director is not required to give reasons for any decision made pursuant to this section. Application for community safety order name the owner of 6(1) If the Director applies to the Court for a community safety order, the application shall the property as the resPondent e) Thefactual allegations in the application may be different from those in the complaint. (3) The Court shall hear the application on an urgent basis. When Court may make community safety order 7(1) The Court may make a community safety order if (a) it is satisfied that (Ð activities have been occurring on or near the property named in the application that give rise to a reasonable inference that it is being habitually used. for a specified use, and (iÐ the community or neighbourhood is adversely affected by the activities; or (b) it is satisfred that the activities about which an application is made are a serious and the immediate th¡eat to íhe health, safety and security of one or more occupants of the property or persons in community or neighbourhood. Q) Acommunity safety order shall (a) describe the property and the activities with respect to which the order is made, (b) if the Directo¡ intends to register a caveatunder section 22, speøfy the certificates of. title with respect to which the order is made, (c) enjoin all persons from causing, contributing to, permitting or acquiescing in the activities, (d) require the respondent to do everything reasonably possible to prevent the activities from continuing or reoccurring, including anything specifically ordered by the Court pursuant to subsection (3Xe), (e) fix the date on which the o¡der ceases to be in effect, and (Ð contain a statement of the right to appeal the order pursuant to section 23. (3) A community safety order may 106 (a) require any or all persons to vacate the property on or before a date specified by the Court, and enjoin any or all of them from re-entering or reoccupying it; (b) terminate the tenancy agreement or lease of any tenant of the property on the date specified pursuant to clause (a); (c) require the Director to close the property from use and occupation on a specified date and keep it closed for up to 90 days; (d) limit the order to the part of the property about which the application was made, or to particular persons; (e) make any other provision that the Court considers necessary for the effectiveness of the community safety order, including, but not limited to, an order of possession in favour of the respondent. (a) The Court shall consider the following when deciding the lengfh of a period of closure pursuant to subsection (3)(c): (a) the extent to which the respondent's failure, if any, to exercise due diligence in supervising and controlling the use and occupation of the property contributed to the activities; (b) the impact of the activities on the commrinity or neighbourhood. (5) Before the date specifred for closure pursuant to subsection (3)(c), the respondent may apply to the Court to set aside the portion of the community safety order requiring the property to be closed. (6) In the case of a lease other than a tenancy agreement, before the date specified for termination of the lease of any tenant pursuant to subsection (3)(b), a tenant may apply to the Court to set aside the portion of the community safety order terminating the lease. Director may apply to vary order 8(1) The Director may apply to the Court to vary a community safety order made pursuant to this Part if the order is still in effect and (a) one of the following circumstances applies: (i) the order did not contain a provision requiring the property to be closed, (ii) the provision requiring the property to be closed was set aside or varied pursuant to section 8. or (iiÐ the closure period for the property has expired, or (b) the Director considers it appropriate. (2) The Director may apply to vary a community safety order pursuant to this section more than once. 107 Court may set aside or vary order 9 On the application of a respondent pursuant to section 7 (5), a tenant pursuant to section 7 (6) or the Director pursuant to section 8, the Court may do any of the following: (a) set aside the order, if the Court is satisfied that the activities about which an order was made have ceased and are not likely to resume; (b) set aside or vary the order made pursuant to section 7(3), if the Court is satisfied that it is necessary to allow the property to be used again; (c) vary the order to include any of the things mentioned in section 7(3). Application for Variation by Resident of Residential Property Interpretation 10 For the purposes of sections 11 and 12, "resident" means an individual who has a right to occupy residential property as his or her residence, or had a right to occupy it as his or her residence, when he or she is required by a community safety order to vacate it, but who does not own the property. Application for variation by resident 11(1) A resident may apply to the Court for an order varying a provision in a community safety order that (a) requires the resident and, if applicable, members of the resident's household to vacate residential property that is their residence and enjoins them from re-entering or reoccupying it, (b) terminates the resident's tenancy agreement for the residential property, or (c) requires the Director to close the residential property. (2) The resident may apply to vary the community safety order within 14 days after he or she has been served. (3) The resident shall serve the Director with a copy of the application to vary a community safety order. (a) The Director is a party to the application to vary and is entitled to be heard, by counsel or otherwise, on the application. (5) The Court may extend the time for applying if the Court is satisfred that the extension is in the interests of justice. When Court may vary community safety order 12(1) The Court may make an order varying a community safety order if it is satisfied (a) that the applicant is a resident, 108 (b) that neither the resident nor any member of the resident's household for whom the was resident is seeking a variation caused or contributed to any of the activities with respect to which the order made, (c) that no person who caused or contributed to any of the activities is still present at or occupying the property, (d) that the resident or a member of the resident's household for whom the resident is seeking a variation will suffer undue hardship if the order is not varied, and (e) if the order was varied pursuant to section g,thatneither the resident nor any member of the resident's houseirold for whom the resident is seeking a variation was an occupant of the property when the order was varied. (2) In a variation order, the Court may (a) ñx alater date for (i) the resident's tenancy agreement to be terminated, (iÐ the resident and members of the resident's household to vacate the property, or (iii) the Director to close the property; (b) set aside the termination of the resident's tenancy agreement, or reinstate the tenancy agreement if the date of termination has already passed; (c) set aside the requirement to vacate or close the property; (d) if the resident and members of the resident's household have already vacated the property, authonzethem to re-enter and reoccupy it and, if applicable, require the respondent to allow them to re-enter and reoccupy it; (e) if the property has already been closed, require the respondent to open it for the purpose of clause (d) and make it ready for occupation; (Ð make any other provision that the Court considers appropriate. (3) The Court may consider the following factors respecting an application for an order to vary: (a) whether the respondent will suffer undue hardship if the requested order is made; (b) whether there is a tenancy agreement between the resident and the respondent, or whether there was a tenancy agreement when the resident was required to vacate the property; (c) whether the respondent is opposed to the requested order if the order r,vould authonze a resident who does not or did not have a tenancy agreement to re-enter and reoccupy the property; (d) any other factors that the Court considers relevant. 109 Application by Complainant for Community Safety Order Application by complainant for order l3(1) A complainant may apply to the Court for a community safety order if (a) the complainant has made a complaint to the Director pursuant to section 4, and (b) the Director (Ð has decided not to act ot continue to act on the complaint, or (iÐ has discontinued any application to the Court. (2) The complainant must file with the Court the Director's written notice provided pursuant to section 5(2). When Court may make community safety orders 1a(1) Subject to subsection (2), sections 6(1) and (2),1(l)(a) and Q) to (6), I to 13, 19,20 and24 apply, with any necessary modification, to an application by a complainant. . (2) If acommunity safety order made pursuant to this Part contains a provision requiring the property to be closed, the Court shall order the Director to close the property. (3) In an application by a complainant, the Court shall not draw an adverse inference from the fact that (a) the Director did, or did not do, any of the things set out in section 5(1), or (b) the Director discontinued the application. Service on the Director 15 A complainant shall (a) serve the Director with an application for a community safety order, (b) serve the Director with an application to vary a community safety order, (c) as soon as possible after a community safety order is made or varied, serve a copy of the order on the Director, and (d) as soon as possible after an application is dismissed, serve notice on the Director stating that the application has been dismissed. Discontinuance of application by complainant 16(1) A complainant shall serve notice on the Director at least 10 days before filing a notice with the Court discontinuing an application. 110 Court the (2) An application shall not be discontinued by a complainant unless the complainant files with the pursuant Director's written confirmation that the Director does not intend to apply to continue the application to subsection (3). to the Court (3) If the Director is served with a complainant's notice of discontinuance and the Director applies application be üo'have the application continued in the Director's name, the Court may order a complainant's continued in the Director's name. - Director may appear in application 17 The Director is entitled as of right to appear and be heard, either in person or through counsel, in a complainant's application for a communitylafety order or application for variation to request that it be dismissed if the Director believes that the application (a) is frivolous or vexatious, or (b) is not in the Public interest' Costs on frivolous or vexatious applications 18 If the Court finds that a complainant's application is frivolous or vexatious, the Court may order the complainant to pay costs to the Director in addition to any otherbrder for costs. General Court must consider merits Lg Notwithstanding the fact that the respondent consents to an order or does not oppose an application, the Court shall not ga*acommunity safety order, or variation to that order, unless the Court is satisfied that the order should be made. Variation applications 20 Any application to vary a community safety order does not stay the operation of the order. Service 21(1) The Director shall, as soon as possible after a community safety order is made, (a) serye a copy of the order on the respondent, and (b) post a copy of the order in a conspicuous place on the property with respect to which the order is made. (2) The Director, or a person acting on behalf of the Director, may enter the property to post a copy of the order in accordance with subsection (lxb) if he or she is accompanied by a peace officer. (3) Any notice or document that is required to be served pursuant to this Part must be served (a) personally 111 (i) in the case of an individual, on that individual, (ii) in the case of a partnership' on any partner, or (iii) in the case of a corporation, on any officer or director of the colporation, or (b)byregisteredmailaddressedtothepersontobeserved. the 7th day foliowing the (4) Anotice or document sent by registered mail is deemed to have been served on no fault of his or her own, àate of its mailing unless the person to whom it was mailed establishes that, through the person did not receive the notice or document or received it at a later date. (5) A community safety order is effective on the date it is served on the respondent. as possible, (6) After the respondent is served with a community safety order, the respondent shall, as soon property or who has a right to i.*r u copy of tñe order on every other person who is lawfully occupying the occupy it. Registration of a caveatbased on a community safety order the Z2(l) TheDirector may apply to a Registrar to registe r a caveatbased on a community safety order against affected title. (2) An application pursuant to subsection (1) must be accompanied by a copy of the community safety order. (3) After a caveatbased on a cornmunity safety order is registered, the Director (a) may, atany time, apply to a Registrar to discharge the registration of the caveat, and (b) shall apply to a Registrar to discharge the registration of the caveat if the co¡¡urruttity safety order is no longer in effect. (4) The registration of a caveat may be discharged pursuant to subsection (3) with respect to any or all parcels of land described in the community safety order' (5) Notwithstanding section 138 of the Land Titles Act, a caveatregistered pursuant to this section does not lapse and shall not be cancelled or withdrawn except at the Director's request. (6) Without limiting the generality of section 63, no action lies or shall be commenced against the Director for any loss or damage suffered by any person by reason of (a) the registration ofa caveat pursuant to this section, (b) the amendment of a caveatpursuant to this section, or (c) the failure of the Director to (i) register a caveat pursuant to this section, or 112 (ii) discharge a caveat pursuant to this section. Appeals Appeal 23(1) An order of the Court madepursuant to this Part may be appealed to the Court of Appeal (a) on a question of law, and (b) with leave of a judge of the Court of Appeal. (2) An application for leave to appeal must be made within 14 days after the day the order of the Court is pronounced or within any further time that a judge of the Court of Appeal may allow. Limitation on other actions and proceedings 2a(1) Subject to subsection (2),no action or proceeding shall be commenced or maintained (a) to prevent the making of a community safety order, (b) to prevent a community safety order froni being ca:ried out, (c) to set aside or vary a community safety order made pursuant to section 9, (d) for judicial review of a community safety order, or (e) to obtain relief from forfeiture with respect to a tenancy agreement or lease that is ordered to be terminated. (2) Subsection (1) does not applyto (a) an application pursuant to section 7(5), sectionT(6) or section 1 1, or (b) an appeal pursuant to section 23. Closure of Property by Director Director may enter property 25(1) If a provision to close a property in a community safety order is in effect, the Director may enter the property without the consent of the owner or occupant to close it and keep it closed. (2) The Director may employ any tradespersons and workers that the Director considers necessary to safely and effectively close the property and keep it closed. (3) The Director may take any measures that the Director considers necessary to safely and effectively close the property and keep it closed, including 113 the (a) ordering any occupants still occupying the property and any other persons at property to leave it irnmediatelY, (b) attaching locks, hoarding or other security devices, (c) erecting fences, (d) changing oi terminating utility services, and. while it is (e) making interior or exterior alterations to the property so that it is not ahazard, closed. to property (4) The Director may, for any purpose that the Director considers appropriate, allow others access that is closed pursuant to a community safety order. or (5) The Director is not responsible, whether at the end of the period of closure or otherwise, for the removal anything cost of removal of anlhing attached to or erected at the property, or the reversal or cost of reversal of done to or at the property, to close it or keep it closed. Occupants required to leave property 26(l) If acommunity safety order requires the Director to close'a property, all occupants of the property and any other persons at ihe property shall ieave it immediately on request of the Director, even if they have not been previously served with the order that requires the Director to close the property. (2) If anoccupant of the property and any other persons at the property do not gomply with a request to leave, the Director may obtain the assistance of a peace officer to remove them from the property. (3) Subject to any order made pursuant to section 12, after leaving the property, and while the property is closed, no o"cupant or other person shall enter or occupy the property without the Director's consent. Respondent must pay cost of closing property 27(l) Therespondent shall, on demand from the Director, pay to the Minister of Finance the cost of closing, securing and keeping the property closed, in the amount certifred by the Director pursuant to section 28. (2) An amount payablepursuant to subsection (1) is a debt due and owing to the Crown in right of Aiberta. Recovery of Director's costs - filing of certificate 28(1) If the Director undertakes any work for the purposes of this Part and incurs any costs and expenses as a result, the Director may file with a clerk of the Court a certificate that is signed by the Director and that sets out (a) the amount of the costs and expenses incurred pursuant to this Part, (b) the name and address of the respondent from whom the costs and expenses are recoverable, and (c) the Director's address for service. 114 shall serve a copy of the certificate (2) if the Director fìles a certificate pursuant to subsection (1), the Director on the respondent. the amount of the debt due to the (3) The certificate frled pursuant to subsection (1) is conclusive evidence of Crown in right of Alberta by the respondent. judgment obtained in the (4) A certificate filed pursuant to subsection (1) has the same effect as if it were a with any reasonable costs and court for the ,r.ou"ryïf a debt in the u*ouni specified in the certificate, together charges with respect to its filing. to subsection (2) may, within 30 (5) A respondent who has been served with a copy of a certificate pursuant the Director to reconsider the amount days after service, make written representations tb the Director requesting ofthe costs and expenses. may (6) On receipt of written representations pursuant to subsection (5), the Director (a) withdraw the certiftcate, (b) vary the arnount of the costs and expenses and, for that purpose, withdraw the certificate and frle a new certificate with the new costs and expenses' or (c) confirm the certificate. practicable after (7) The Director shall notifu the respondent of the Director's decision as soon as is reasonably making the decision. Appeal to Court re certificate to the zg(l) Arespondent may appeal against the amount of the costs and expenses set out in the ceftificate Court (a) within 30 days after the date of service of the certificate on the respondent, or (b) if the respondent has made representations to the Director pursuant to section 28, within 30 days after the Director has notified the respondent of the decision. (2) On hearing an appeal pursuant to this section, the Court may issue an order (a) confirming the amount of costs and expenses set out in the certificate, (b) amending or varying the amount of costs and expenses set out in the certificate, (c) quashing the certificate, or (d) doing any other thing that the Court considers appropriate. (3) In an order issued pursuant to subsection (2), the Court may specify the period within which the order must be complied with. 115 Role of the Director Director's authority to this Part, the Director 30(l) For the purposes of carrying out a responsibility or exercising a power pursuant is authorized in (a) to collect iriformation, including personal information, from a public body, as defrned owns or occupies property with the Freed.om of Inj'ormation and protection of Prit acy A-ct, about a person who respect to whiðh an application pursuant to this Actmay be made, including (i) the person's name and address, (ii) the whereabouts of the person, and (iiÐ the person's place of employment, (b) to collect information, including personal information, from any source about the ownership of propeúy with respect to which an application pursuant to this Part may be made, (c) to collect information, including personal information, from any source about the occu11ence of activiiies with respect to which an application pursuant to this Partmay be made, (d) to make and maintain written, recorded, electronic or videotaped records of any information receiveá pursuant to clause (a), (b) or (c) or of the occuffence of activities with respect to which an application pursuant to this Part may be made, and (e) to disclose information obtained pursuant to clause (a), (b) or (c) and records made pursuant to clause (d), to a person, court, public body or law enforcement agency. (2) If the Director requests information pursuant to subsection (1)(a), (b) or (c), the person, public body or law enforcement agency is authorizedto provide the information, including personal information, to the Director. (3) The Director may disclose information obtained pursuant to subsection (1)(a), (b) or (c) or records made pursuant to subsection (1Xd) (a) to a person, to assist that person in serving or posting a community safety order, or (b) to a peace officer, to enable that peace officer to carry out a community safety order' (a) The Director may contract with or authorize any person to investi gate a complaint. (5) In this section, "personal information" means information about an identifiable individual. Confidentiality of Complaint Complaint confidential 31(1) No person, including the Director, shall, without the prior written consent of the complainant, 116 which the complainant (a) disclose the identity of the complainant, or any information by agency' or may be identifred, to another person or to a court, public body or law enforcement document or thing by (b) disclose, provide access to or produce the complaint, or another public body or law enforcement which the complainánt may be ídentified, to anothe, prtron or to a court, be identified' agency withoui severing any information by which the complainant may Protection of Prit'acy Act' (2) Subsection (1) applies notwithstanding the Freeclom of Information and Non-compellability is not compellable in a court 32(l) The Director, or any person acting for or under the direction of the Director, or in any other proceeding or (a) to identify the complainant or give evidence about information or produce a document thing by which the complainant may be identified, for the (b) to give evidence about other information obtained by or on behalf of the Director purposes of this Part, or (c) to produce any other document or thing obtained by or on behalf of the Director for the purposes of this Part. in the (2) Subsection (1)(b) and (c) do not apply to an application by the Director or to an application continued Director's name. General Effect of transfer of property 33(l) A person who transfers a legal or beneficial interest in property to.another person, or gives a right of oròupun.y of property to another p.rron, after being served with an application or becoming aware of an application wiìh respect to the property shall fully inform the other person about the application before completing the transfer or giving the right of occupancy. (Z) Aperson who transfers a legal or beneficial interest in property to another person, or gives a right of o.rupun"y of property to anothãr person, while a community safety order with respect to the property is in effeci sirah nrity inform the other p".ron about the order before completing the transfer or giving the right of occupancy. Offences and penalties 3a(1) No person shall (a) without the Director's consent, remove, deface or interfere with a copy of a community safety order or any other order posted in accordance with this Part, (b) without the Director's consent (i) fail to vacate a property that is closed under a community safety orcler, or 117 (iÐ enter or re-enter a property that is closed under a community safety order, or (c) fail to comply with a community safety order' (2), (2) Every person who contravenes subsection (1), section 26, section 30(2), section 31, section 33(1) or or an order of the Director is guilty of an offence. (3) Every person who is guilty of an offence is liable (a) for a first offènce (Ð in the case of an individual, to a fine of not more than $10 000, to imprisonment for a term of not more than one year, or to both; (iÐ in the case of a corporation, to a fine of not more than $25 000; (b) for each subsequent offence (Ð in the case of an individual, to a fine of not more than $25 000, to imprisonment for a term of not more than one year, or to both; (iÐ in the case of a corporation, to a fine of not more than $100 000. (a) If a corporation commits an offence pursuant to this Part, any officer or director of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and liable to the penalties mentioned in this section whether or not the coqporation has been prosecuted or convicted. Relationship to other Acts 35 Unless another Act expressly states otherwise, if (a) a provision of this Part, (b) any regulation made for the purposes of this Part, or (c) an order made pursuant to this Part, conflicts with the Residentíal Tenancies Act or the Mobile Home Sítes Tenancies Act or the regulations made under those Acts, the provisions of this Part, the regulations made under this Part or the order, as the case may be, prevails. Crown bound 36 The Crown is bound bv this Part. 118 Part2 Fortified Buildings Interpretation 37(1) In this Part, (a) ..closure oràer" means a closure order made pursuant to section 45; ,.fortified (b) building" means a building protected by one or more of the following: (i) bulletproof material or material designed to be resistant to explosives on a door or window, (ii) protective metal plating on the interior or exterior of the building that is not required for the structural integrity of the building, (iiÐ armoured or specially reinforced doors, (iv) metal bars on exterior doors or windows, or (v) any other method or material prescribed in the regulations; (c) "inspector" means a person appointed as an inspector pursuant to section 38; (d) "record" means a book, paper, document or thing, whether in electronic form or otherwise, that may contain information relevant to the administration or enforcement of this Part; (e) "removal order" means a removal order made pursuant to section 44. (2) This part appiies to every building in Alberta whether the building was fortified before, on or after the coming into force of this Act. lnspectors Appointment of inspectors 38 The Minister may appoint any person or class of persons as an inspector to exercise power under this Part, subject to any terms and conditions the Minister considers necessary. Identification card 39 The Minister shall provide each inspector with an identifrcation card, and an inspector exercising a power under this Part shall produce the card on request. lnvestigation 40(1) An inspector may conduct an investigation with respect to any matter that he or she considers necessary respecting the administration or enforcement of this Part. 119 reasonable time, (2) For the purposes of an investigation pursuant to this section, the inspector may, at any believes on (a) subject to subsection (3), enter and inspect any building that the inspector reasonable gtounds is a fortified building, of audio or (b) take measurements and photographs of, and conduct any tests or any t¡ipe that the inspector visual recordings in or on, a building or the property on which the building is located considers necessary to determine iia building is a fortified building, and inspector (c) require any person to produce for inspection and copying any record that the or enforcement of this believes on rruronuúle grounds contains any information relãvant to the administration Part. (3) An inspector may enter a dwelling place only (a) with the occuPant's consent, (b) pursuant to the authority of a warrant issued pursuant to section 42, or (c) pursuant to the right of inspection set out in section 44(4)' (a) No person shall obstruct or hinder, or make a false or misleading statement to, an inspector who is acting pursuant to this Part. Copies of records 41(1) The inspector may make copies of a record that has been inspected pursuant to section 40. (2) A copy of a record certified by the inspector to be a copy made pursuant to this section (a) is admissible in evidence without proof of the office or signature of the person purporting to have signed the certificate, and (b) has the same probative force as the original record. (3) The inspector shall ensure that, after copies of any records inspected pursuant to section 40 are made, the originals are promptly returned to (a) the place they were removed from, or (b) any other place that may be agreed to by the inspector and the person who had custody, possession or control ofthe record. Warrant authorizing entry a2(1) If an inspector, pursuant to section 40, requires entry to a building and the owner or occupant of the building refuses or neglects to permit investigation, the inspector may apply ex parte to a justice of the peace or a judge of the provincial court for a warrant authorizing a person named in the warrant to 120 pu{poses of administering (a) enter and search any building named in the warrant for the and enforcing this Part, and believes on (b) seize and take possession of any record or other thing that the inspector of this Part' reasonable grounds óontains any information relevant to the administration and enforcement ontingan.inspector and (2) A justice of the peace or a judge of the provincial court may issue a warrant *rt property on which the building any other person named in the warrant to enter and inspect the building and the ofthe provincial is located and to seize and take possession ofany record ifthejustióe ofthe peace orjudge that court is satisfied on oath of the inspector that there are reasonable grounds to believe (a) a building is a fortified building, for a (b) entry to the building or the property on which the building is located is necessary purpose relating to the administration or enforcement of this Part, and (c) entry to the building or the property on which the building is located has not been provided or there are reasonable grounds to believe that entry will not be provided. Designation and Orders Respecting Fortified Buildings Designating fortified building a threat to public safety a3(1) Subject to subsection (4), the Director may designate a fortified building as a threat to public safety. (Z) In determining whether a fortified building is a threat to public safety, the Director may take into account (a) the number and type of fortifications in or on the building or on the property on which the building is located, (b) whether the fortifrcations could significantly impair the ability of emergency response personnel and law enforcement officials to gain access to the building, (c) whether the fortifications could significantly impair the ability of people inside the building to escape in an emergencY, (d) the nature of the neighbourhood or area in which the building is located, (e) the proximity of the building to schools, playgrounds and other places where children are likely to be present, (Ð the proximity of the building to other buildings, (g) the purpose for which the building is being used, (h) whether the fortifications are reasonably necessary given the purpose for which the building is being used, 121 (i) the persons who own, occupy or visit the building, (t) whether any criminal activity or other disruptive behaviour has previously taken place in or around the building, and (k) any other factor that the Director considers reasonable. (3) The Director may make a desiþnation pursuant to subsection (1) without giving prior notice to the owner or occupant of the building and without holding a hearing. (4) The Director shall not designate a fortified building as a threat to public safety pursuant to subsection (1) if it has been fortified in a manner that does not exceed reasonable security measures commonly taken for (a) the type of business being operated in the fortified buiiding, or (b) a residential dwelling. Removal order 44(l) If the Director designates a fortified building as a threat to public safety pursuant to section 43,the Director shall issue a removal order (a) specifying the fortifications that must be removed from the building or the property on which the building is located, and (b) requiring the owner or occupant of the building, or both, to remove the specified fortifications by a date that must be at least 2l days after the removal order is served. Q) Aremoval order issued pursuant to subsection (1) must contain (a) a provision stating that a closure order for the building will be issued if the specified fortifications are not removed by the date set out in the removal order, (b) if the Director intends to register acaveatunder section 47, specific references to the. certificates of title with respect to which the order is made, (c) statement of the right to appeal the removal order pursuant to section 48, and (d) any other information the Director considers appropriate. (3) The Director shall serve the removal order on the owner and any occupant of the building to whom the removal order is made. (4) If a removal order has been issued for a building and the2l day period in subsection (i)(b) has expired, an inspector has the right to enter and inspect the building to determine if the specified fortifications have been removed. 122 Closure order set in that order, the 45(1) If the fortifications specifred in a removal order are not removed by the date out for the removal Director may issue an order closing the building for a period of not more than 90 days to allow of the specified fortifrcations in accordance with section 53. (2) A closure order issued pursuant to subsection (1) must contain re-enter it until the (a) a provision requiring all persons to vacatethe building and not to closure order ceases to be in effect, and (b) if the Director intends to register a caveatunder section 47, specífrc references to the certificates of title with respect to which the order is made, and (c) any other information the Director considers appropriate' (3) The Director shall serve the closure order on the owner and any occupant of the building to whom the closure order is made. (4) The Director shall post a copy of the closure order in a conspicuous place on the building that is the subject ofthe closure order. (5) The Director shall terminate a closure order as soon as all fortifications specified in a removal order have been removed. order is (6) If a closure order is terminated, the Director shall advise the owner of the building that the closure no longer in effect. Service a6(1) Any removal order or closure order must be served (a) personally (Ð in the case of an individual, on that individual, (iÐ in the case of a partnership, on any partner, or (iii) in the case of a corporation, on any officer or director of the corporation, (b) by registered mail addressed to the person to be served, or (c) if service cannot be effected by one of the methods described in clauses (a) and (b), (i) by publishing a copy of the order in 2 issues of a newspaper having general circulation in the area where the fortified building is located, and 123 with respect to (ii) by posting a copy of the order in a conspicuous place on the building which the order is made. served on the 7th day (z) Aremoval order or closure order sent by registered mail is deemed to have been that, through no fault of following the date of its mailing unless the persãn to whom it was mailed establishes or received it at a later date' his or hei own, the person did not receive the removal order or closure order (1Xc) deemed to have been served (3) A removal order or closure order served in accordance with subsection is the date it is posted on on the date it is published in the newspaper for the 2nd time or on the 3rd day following the building, whichever is later. (a) An order is effective on the date it is served. Registration of a caveatbased on a removal order or closure order order a7$) TheDirector may apply to a Registrar to register a caveatbased on a removal order or closure against the affected title. closure (2) An application pursuant to subsection (1) must be accompanied by a copy of the removal order or order, as the case may be. (3) After a caveatbased on a removal order or closure order is registered, the Director (a) may, atany time, apply to a Registrar to discharge the registration of the caveat, and (b) shall apply to a Registrar to discharge the registration of the caveat if the removal order or closure order is no longer in effect. (a) The registration of a caveat may be discharged pursuant to subsection (3) with respect to any or all parcels of land described in the community safety order' (5) Notwithstanding section 138 of the Land Titles Act, a caveat registered pursuant to this section does not lapse and shall not be cancelled or withdrawn except at the Director's request. (6) Without limiting the generality of section 63, no action lies or shall be commenced against the Director for any loss or damage suffered by any person by reason of (a) the registration of a caveat pursuant to this section, (b) the amendment of a caveat pursuant to this section, or (c) the failure of the Director to (i) register a caveatpursuant to this section, or (ii) discharge a caveat pursuant to this section. 124 Appeals Appeal of removal order may appeal the order 4g(l) An owner or occupant of a fortifred building that is the subject of a removal order to the Court. order has been served' (2) A notice of appeal must be served on the Director within 14 days after aremoval or oiherwise, on the appeal' (3) The Director is a party to any appealand is entitled to be heard, by counsel may hear evidence and (4) The Court shall hear and determine an appeal by way of a hearing, and the Court submissions respecting the removal order subject to appeal' Decision by Court in section 43(2) and 49(l) On hearing an appeal, the Court shall take into account the considerations set out may (a) dismiss the aPPeal, (b) allow the aPPeal, (c) allow the appeal subject to terms, (d) vary the order of the Director, (e) refer the matter back to the Director for further consideration and order, or (Ð make any other order that the Court considers appropriate. (2) The Court may make any order as to costs that it considers appropriate. No further appeal 50 There is no further appeal pursuant to this Part. Appeal stays operation of removal order is stayed 51 If a notice of appeal has been filed in accordance with this Part, the operation of a removal order and no further action may be taken with respect to the order except in accordance with an order of the Court hearing the appeal. No appeal of closure order 52 There is no appeal ofa closure order. Closure of Building by Director Director may enter building 125 enter the building 53(1) If a closure order is in effect, the Director or a person authorized by the Director may without the consent of the owner or occupant to (a) remove the fortifications specified in the removal order, and (b) secure the closure of the building' necessary to (2) The Director may employ any tradespersons and workers that the Director considers (a) remove the fortifications specified in the removal order, and' (b) secure the closure of the building. secure (3) The Director may take any measures that the Director considers necessary to safely and effectively the closure of the building, including the following: (a) attaching locks, hoarding or other security devices; (b) erecting fences; (c) changing or terminating utility services; (d) making interior or exterior alterations to the building so that it is not ahazardwhile it is ciosed. (a) The Director is not responsible, whether at the end of the period of closure or otherwise, for the removal or cost of removal of anything attached to or erected on a building, or the reversal or cost of reversal of anything done to a building pursuant to this section. Director to close building 54(l) If a closure order is in effect, the Director shall secure the closure of a building, and all occupants of the buiìding ancl any other persons at the building shall leave it immediately on the order of the Director, even if they have not been previously served with the closure order. (Z) If anoccupant of a building and any other persons at the building do not comply with a request to leave, the Director may obtain the assistance of a peace officer to remove them from the building. Responsibility for cost of closure and removal 55(1) The owner of a buildin gthat is the subject of a closure order shall, on demand from the Director, pay to the Minister of Finance the cost of removing all fortifrcations and closing the building, in the amount certified by the Director pursuant to section 56. (2) An amount payable pursuant to subsection (1) is a debt due and owing to the Crown in right of Alberta. Recovery of Director's costs - fìling of certificate 56(1) If the Director undertakes any work for the purposes of this Part and incurs any costs and expenses as a result, the Director may file with a clerk of the Court a certificate that is signed by the Director and that sets out 126 (a) the amount of the costs and expenses incurred pursuant to this Part, (b) the name and address of the owner from whom the costs and expenses are recoverable, and (c) the Director's address for service. of the certificate (2) If the Director files a certificate pursuant to subsection (1), the Director shall serve a copy on the owner. to the (3) The certificate frled pursuant to subsection (1) is conclusive evidence of the amount of the debt due Crown in right of Alberta by the owner. judgment (4) A certifrcate filed pursuant to subsection (1) has the same effect as if it were a obtained in the costs and Court for the r..ou"ry of a debt in the amount qpecified in the certifrcate,together with any reasonable charges with respect to its filing. (5) An owner who has been served with a copy of a certificate pursuant to subsection (2) may, within 30 days àfte, service, make written representations to the Director requesting the Director to reconsider the amount of the costs and expenses. (6) On receipt of a written representation pursuant to subsection (5), the Director may (a) withdraw the certificate, (b) vary the amount of the costs and expenses and, for that purpose, withdraw the certificate and file a new certificate with the new costs and expenses, or (c) confirm the certificate. (7) The Director shall notify the owner of the Director's decision as soon as is reasonably practicable after making the decision. Appeal to Court re certificate 57(f) An owner with respect to whom a certificate has been entered as a judgment pursuant to section 56 may appeal against the amount of the costs and expenses set out in the certificate to the Court (a) within 30 days after the date of service of the certiftcate, or (b) if the owner has made representations to the Director pursuant to section 56, within 30 days after the Director has notified the respondent of the decision. (2) On hearing an appeal pursuant to this section, the Court may issue an order (a) confirming the amount of costs and expenses set out in the certifrcate, (b) amending or varying the amount of costs and expenses set out in the certificate, (c) quashing the certificate, or 127 (d) doing any other thing that the Court considers appropriate. the order must (3) In an order issued pursuant to subsection (2), the Court may specify the period within which be complied with. General Offences and penalties 58(1) No person shall (a) without the Director's consent, rsmove, deface or interfere with a copy of a closure order posted in accordance with section 45(4) or 46(1)(c), (b) without the Director's consent (Ð fail to vacate a building that is closed under a closure order, or (iÐ enter or re-enter a building that is closed under a closure order, or (c) fail to comply with a removal order or a closure order' (2) Every person who contravenes subsection (1), section 40(4) or an order of the Director is guilty of an offence. (3) Every person who is guilty of an offence is liable (a) for a first offence (Ð in the case of an individual, to a fine of not more than $10 000, to imprisonment for a term of not more than one year, or to both; (iÐ in the case of a corporation, to a fine of not more than $25 000; (b) for each subsequent offence (Ð in the case of an individu aI, to a fine of not more than $25 000, to imprisonment for a term of not more than one year, or to both; (iÐ in the case of a corporation, to a fine of not more than $100 000. Ø) lf acorporation commits an offence pursuant to this Part, any officer or director of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and liable to the penalties mentioned in this section whether or not the corporation has been prosecuted or convicted. Part 3 General Assistance of peace officer 128 by an inspector or the Director in 59 If requested to do so, a peace officer shall provide any assistance required the performance of the insplctor's or Director's duties pursuant to this Act' Presumption re offences 60 ln an application made pursuant to this Act, of a criminal organization if (a) there is a rebuttable presumption that a person is a member offence, he or she has been found guilty or convicted of a criminal organization responsible (b) evidence that aperson was found guilty, convicted or found not criminally as proof that the person on account of mental disorder with respect to an offence is admissible in evidence committed the offence, and (c) evidence that aperson was charged with and acquitted of an offence, or that a charge of fact' respecting an offence was withdrawn or stayed, is not relevant in making a frnding Lirnitation on prosecution years from the date the facts 61 No prosecution for a contravention of this Act is to be commenced more than 2 on which the alleged contravention is based first come to the knowledge of the Director. Other remedies preserved to, and does not 62 The right to commence any action or proceeding pursuant to this Act is in addition law or pursuant to derogate frãm, the right to commence any other action or proceeding that exists at common any other Act. Immunity 63 No action or proceeding lies or shall be commenced against the Crown, the Minister, the Director, an for inspector or any ôth., p.rrõn if that person is acting pursuani to the authority of this Act or the regulations, un¡t ing in goód faith ãone, caused ôr permitted or authori zed, to be done, attempted to be done or omitted to be of any portl/er done bV that person or by any of those prtronr pursuant to or in the exercise or supposed exercise made conferred Uy ttris Act orihe iegulations or in thé canying out or supposed carrying out of any order pursuant to this Act or any duty imposed by this Act or the regulations' Regulations 64 The Lieutenant Governor in Council may make regulations (a) for the purposes ofsection 3(1)(e)(viii), prescribing other uses as specified uses; (b) for the purposes of section 37(1)(b)(v), prescribing other methods or materials of fortification: (c) governing appeals under this Act; (d) prescribing any matter or thing required or authorized by this Act to be prescribed in the regulations; 129 (e) defining any word or expression used but not defined in this Act; intent and (Ð respecting any other matter necessary or advisable to carry out effectively the purpose of this Act. Part4 Consequential Amendments and Coming into Force Amends RSA 2000 cM-20 65 t6e Uotile Home Sites Tenancies Act is amended by adding the following after section 4: Relationship to other Acts 4.1 Notwithstanding anything in this Act, if an order is made pursuant to the Safer Communítíes and Nãtghbourhoods Actthatterminates atenancy or entitles a landlord to possession of the *obih home site, the tenancy terminates and the landlord regains possession in accordance with the order. Amends RSA 2000 cR-17.1 66 tUenes¡¿ential Tenancieslc¡ is amended by adding the following afrer section ä: Relationship to other Acts 3.1 Notwithstanding anything in this Act, if an order is made pursuant to the Safer Commt'tnities and. Neíghbourhoods Act thatterminates a residential tenancy or entitles a landlord to possession of residãntial premises, the tenancy terminates and the landlord regains possession in accordance with the order. Coming into force 67 This Act comes into force on Proclamation. Q,{OTE: Proclaimed inforce October 1, 2008.) 130 tr-ú tã i9 l-ã U V l.=, lll olq5-ryìr5-03 ffic 0 2 2008 MUNICIPAL LEGISLATIVI SEBVICES FINANCE fvlLtfOí],5 llC AUTHORITY of British Columbia 737 FORT STREET, VICTORIA, BC V8W 2VI CANADA TELEPHONE (250) 383-118r FAX (250) 384-3000 E-MAIL [email protected] WEBSITE www.mfa.bc.ca December 1,2008 To: BC Municipal Mayors & Councils, Regional District Chairs and Directors From: Chair Frank Leonard Re: Fall Update Fall Debenture lssue Despite the recent turmoil in world financial markets, the MFA successfully launched its fall debt issue on November L3, issuing 5400 million of debentures, yielding 5.t5%, due November 20,2018. The fall debt issue is a considerable achievement given the difficult financial markets. lnvestor demand for new issue debt has dropped dramatically resulting in a significant decrease in domestic bond issuance, While MFA provided a yield spread of 148 basis points over Government of Canada Bonds, the City of Montreal issued at l-96 basis points h¡gher, the Regional Municipality of Durham issued 159 basis points higher and the Regional Municipality of Waterloo issued 167 basis points higher. These deals reinforce the fact that MFA continues to enjoy a much more favourable cost of borrowing in the public markets when compared to its peer group. ln addition, the fall issue is a testament to the Authority's strong reputation among bond investors as a high-quality government credit and demonstrates that the MFA can issue debt in the most challenging financial environments. Pooled lnvestment Fund Phillips Hager North {PH&N) manages the Money Market Fund, lntermediate Fund and the Bond Fund. The MFA funds have continued to perform wellin this exceptional environment. The bulk of the municipality assets are invested in the MFA Money Market Fund, which continues to have the majority of its assets invested in high quality and highly liquid investments such as Government of Canada and provincial treasury bills. By adhering to the conservative investment guidelines that have been in place for many years, all of the MFA funds have continued to deliver on their multiple objectives of preservation of capital, provision of liquidity and a competitive rate of return. Confidence in the pooled investment fund was íllustrated by the record level of Investments (52.2 billion) achieved in September of this year. Newly Elected Seminars hosted by UBCM and Local Government leadership Academy (LGLA) TheMFAwill beprovidingsponsorshipandpresentationsattheseminarsinearly2009. Thepresentationwill includean overview of the MFA and services available to local governments. A timetable with locations is available at the LGLA website, www.lgla.ca . MFA Financial Forum and Annual General Meeting The 2009 Financial Forum/AGM will be held at the Hotel Grand Pacific, 463 Belleville Street, Victoria on March 25th and 26th. A presentation to newly elected Members of the MFA will be held in the afternoon of the 25th. Registration is available at our website, Wly"m-t3.þç{g. Please see About the MFA on our web page. On behalf of the Board of Trustees, we thank you for your continuing support and we look forward to seeing you in 2009. Staff Contacts For further information or any other enquiries, please contact our staff: Robin Stringer, Chief Administrative Officer [email protected] 250-380-0432 ext:222 Graham Egan, Director of Finance graham @mfa.bc.ca 250-380-0432 ext; 230 Shelley Hahn, Director of Business Services [email protected] 250-380-0432 ext:229 131 CITY OF KAMLOOPS BY-LAW NO. 14-1-156 A BY-LAW TO AUTHORIZE THE BORROWING OF THE ESTIMATED COST OF EXTENDING TREATED WATER SERVICE TO THE NOBLE CREEK AREA AND THE RECONSTRUCTION OF WESTSYDE ROAD AND DAIRY ROAD WHEREAS it is deemed desirable and expedient to extend treated water service to Noble Creek, North Westsyde, and Dairy Road, and to reconstruct Westsyde Road and Dairy Road in the City of Kamloops; AND WHEREAS the estimated cost of extending treated water service to Noble Creek, North Westsyde, and Dairy Road, and to reconstruct Westsyde Road and Dairy Road including exþenses incidental thereto is the sum of Two Million Seven Hundred and Eighty Thousand Dollars ($2,780,000) which is the amount of debt intended to be created by this by-law; NOW THEREFORE the Municipal Council of the City of Kamloops, in open meeting assembled, enacts as follows: 1. The Council is hereby empowered and authorized to undertake and carry out, or cause to be carried out, the construction of extending treated water service to Noble Creek, North Westsyde, and Dairy Road, and to reconstruct Westsyde Road and Dairy Road referred to in this by-law generally in accordance with general plans on file in the Municipal Office and to do all things necessary in connection therewith and without limiting the generality of the foregoing: (a) To borrow upon the credit of the municipality a sum not exceeding Two Million Seven Hundred and Eighty Thousand Dollars ($2,780,000). (b) To acquire all such real property, easements, rights-of-way, licences, rights or authorities as may be requisite or desirable for, or in connection with the construction of the said extension of treated water service to Noble Creek, North Westsyde, and Dairy Road, and the reconstruction of Westsyde Road and Dairy Road. 2. The maximum term for which debentures may be issued to secure the debt created by this by-law is fifteen (15) years. TX'2 BY-LAW NO. 14-1-156 PAGE 2 This by-law may be cited as'"lreated Water Service Extension to the Noble Creek Area ând Recoñstruction of Westsyde Road and Dairy Road Loan Authorízation By-law No. 14-1-156, 2008'. READ A FIRST TIME the day of ,2008. READ A SECOND TIME the day of ,2008. READ ATHIRD TIME the day of ,2008. RECEIVED THE APPROVAL of the INSPECTOR OF MUNICIPALITIES the day of ,2008. ADOPTED this day of ,2008. MAYOR CORPORATE OFFICER 133