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Regional District of Okanagan-Similkameen Regular Board Meeting

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Regional District of Okanagan-Similkameen Regular Board Meeting Approved March 18, 2010 REGIONAL DISTRICT OF OKANAGAN-SIMILKAMEEN REGULAR BOARD MEETING Minutes of the Board Meeting of the Regional District of Okanagan-Similkameen (RDOS) Board of Directors held at 12:35 pm Thursday, March 4, 2010 in the Boardroom, 101 Martin Street, Penticton, British Columbia. MEMBERS PRESENT: Chair D. Ashton, City of Penticton Director A. Jakubeit, City of Penticton Vice-Chair T. Chapman, Electoral Area ‗E‘ Director G. Litke, City of Penticton Director M. Brydon, Electoral Area ‗F‘ Director R. McLean, Town of Princeton Director E. Christensen, Electoral Area ‗G‘ Director A. Patton, Electoral Area ‗C‘ Director G. Clark, District of Summerland Director M. Pendergraft, Electoral Area ‗A‘ Director W. Despot, Village of Keremeos Director K. Roberge, District of Summerland Director J. Bennest, Alt, Town of Oliver Director B. Schwarz, Electoral Area ‗D‘ Director W. Makepeace, Alt. Electoral Area ‗B‘ Director J. Vassilaki, City of Penticton Director B. Hope, Electoral Area ‗H‘ Director S. Wells, Town of Osoyoos MEMBERS ABSENT: Director G. Hanson, Electoral Area ‗B‘ Director P. Hampson, Town of Oliver STAFF PRESENT: B. Newell, Chief Administrative Officer D. Butler, Development Services Manager D. French, Public Works Manager A. Reeder, Engineering Services Manager L. Walton, Building Inspector C. Garrish, Planner E. Riechert, Planner J. Tamblyn, Environmental Coordinator C. Cowan, Deputy Corporate Officer 1. ADOPTION OF AGENDA B125/10 It was MOVED and SECONDED THAT the RDOS Board amend the agenda for the RDOS Board Meeting scheduled for March 4, 2010 by: Adding Item 9.1.1 Corporate Services Committee Motion re: Corporate Strategic Plan Adding Item 9.1.2 Proposed Motion by Director Brydon for Penticton Indian Band Addition to Reserve Adding Item 9.1.3 Proposed Motion by Director Patton for Penticton Indian Band Addition to Reserve AND receive all correspondence and reports on the March 4, 2010 Agenda. CARRIED Regional District of Okanagan-Similkameen March 4, 2010 Minutes Page 1 of 10 Approved March 18, 2010 2. MINUTES (Unweighted Corporate Vote – Simple Majority) 2.1 Budget Committee Meeting – February 11, 2010 B126/10A It was MOVED and SECONDED THAT the RDOS Board receive the minutes of the Budget Committee meeting held February 11, 2010 as presented. CARRIED 2.2 Electoral Area Directors Meeting – February 11, 2010 B127/10A It was MOVED and SECONDED THAT RDOS Board receive the minutes of the Electoral Area Directors Meeting held February 11, 2010 as presented. CARRIED 2.3 Corporate Services Committee Meeting – February 18, 2010 B128/10A It was MOVED and SECONDED THAT the RDOS Board receive the minutes of the Corporate Services Committee Meeting held February 18, 2010 as presented. CARRIED 2.4 RDOS Board Meeting – February 18, 2010 B129/10A It was MOVED and SECONDED THAT the RDOS Board adopt the minutes of the RDOS Regular Board Meeting held February 18, 2010 as circulated. CARRIED 2.5 RDOS Special Board Meeting – February 25, 2010 B130/10A It was MOVED and SECONDED THAT the RDOS Board adopt the minutes of the RDOS Special Board Meeting held February 25, 2010 as circulated. CARRIED 3. DELEGATION 3.1 Anna Warwick Sears, Okanagan Basin Water Board Dr. Warwick Sears addressed the Board with respect to Water Standards. Director Chapman vacated the Boardroom at 1:20 pm 3.2 Connie Bielert and Rod King, BC Grapegrowers Association Ms. Bielert and Mr. King addressed the Board with respect to the Starling Control Program. 4. CORRESPONDENCE 4.1 Letter dated February 22, 2010 from G. Manning, Chair, Board of Education School District 67 Regional District of Okanagan-Similkameen March 4, 2010 Minutes Page 2 of 10 Approved March 18, 2010 5. UNFINISHED BUSINESS Director Chapman returned to the Boardroom at 1:35 pm DEVELOPMENT SERVICES DEPARTMENT 6. BUILDING INSPECTION (Unweighted Corporate Vote – Simple Majority) 6.1 Building Violation D01511.021 Lot A, Plan KAP56880, DL 104S Civic Address: 153 Linden Avenue Mr. Jacobs addressed the Board and advised that the bridge structure was moved on site as a module to provide a materials handling walkway. There are four modules to the project. The structure is approximately 20 feet from the curb. The purpose is to put his materials on the end of it and use it as a walkway to move materials down, otherwise he would have to cross 60 feet of dirt and up a ladder, a set of stairs, or hire equipment which is extremely expensive. He installed the No Parking sign to acknowledge that he did not have a permit for it, as well as a sign stating ―Contractor Offloading‖ to say that he is using it for materials handling. WorkSafe BC requested handrail openings be completed, which was done by installing cables along the railings. Mr. Jacobs sent a fax to the RDOS office to notify building officials that he would be doing that work. That is the work that was done after the first Stop Work Notice was placed. He stated that the Stop Work Notice doesn‘t mean much to him; when WorkSafe BC makes a safety request, he‘s going to comply with the Worksafe BC request. With respect to the side yard setback issue, that was resolved with the manager in 2008. Interior Health has provided him with a letter that approves spanning the septic covenant. The covenant will not be reduced or rearranged for parking. He has only one parking option, which is on the structure. With respect to requirements for resolution, the variance of the side yard setback, he requested that staff take the following information into consideration: 1. The building design is a result of error by Ministry of Transport and the RDOS at the time of subdivision. Mitch Benke, Ministry of Transportation, stated that this is a very innovative solution for solving the issue of having no parking as the septic field takes up the whole frontage. 2. In 2007, the RDOS Building Inspector indicated that there were no building material restrictions for this property. Therefore he can use lots of different materials such as concrete and other materials to create structures. But when he comes in for an application, there is discrimination with respect to what is called a structure. It is not consistent. This is a green building product; it is a used steel product with used decking on top. A variance is being requested, but if it is concrete, as in a concrete structural wall or structural fill, the variance isn‘t requested. 3. If he goes to a variance application, instead of directly to a building plan, and it is approved, he‘s OK. If the variance application gets rejected, it would be a nasty scene. It would be an ugly architecturally unconnected house with no parking, which is in a school zone where there is no parking. 4. If he goes the route of a building permit application, everything works. The Administrative Report states that the owner refused to obey a Stop Work Order placed by the Building Inspector. That work was done to address the safety issues identified by WorkSafe BC. The report further states that he removed the Stop Work Order and continued working. That didn‘t happen. The staples fell out of the Notice and the paper fell down behind the No Parking sign where it remains. The report states that the ―second Stop Work Order was placed but the owner had finished attaching the bridge to the house.‖ Mr. Jacobs stated that implied that he continued working on this project. He asked what additional work he did, as that did not happen. Regional District of Okanagan-Similkameen March 4, 2010 Minutes Page 3 of 10 Approved March 18, 2010 Director Brydon vacated the Boardroom at 1:45 pm Director Wells vacated the Boardroom at 1:47 pm Director Brydon returned to the Boardroom at 1:51 pm Director Wells returned to the Boardroom at 1:57 pm B131/10A/B It was MOVED and SECONDED THAT a Section 695 Notice on Title, pursuant to Section 695 of the Local Government Act and Section 57 of the Community Charter (made applicable to Regional Districts by Section 695 of the LGA), be filed against the title of lands described as Lot A, Plan KAP56880, DL 104S, that certain works have been undertaken on the lands contrary to the Regional District Okanagan- Similkameen Building Bylaw No. 2333, 2005; and THAT injunctive action be commenced. CARRIED Opposed: Directors Jakubeit, Christensen, Ashton, Chapman 6.2 Building Violation D02807.761 Lot 1 DL 395s SDYD Strata Plan KAS2945 Civic Address: 1211 Apex Mountain Road The Building Inspector advised that the property owner supplied the outstanding documentation to allow this permit to be completed. The file has been closed. 6.3 Building Violation E02147.000 Lot 1 Plan 25803 DL 209 Civic Address: 1115 Rounds Road B132/10A/B It was MOVED and SECONDED THAT a Section 695 Notice on Title, pursuant to Section 695 of the Local Government Act and Section 57 of the Community Charter (made applicable to Regional Districts by Section 695 of the LGA), be filed against the title of lands described as Lot 1 Plan 25803 DL 209, that certain works have been undertaken on the lands contrary to the Regional District Okanagan- Similkameen Building Bylaw No. 2333; and THAT injunctive action be commenced. CARRIED 6.4 Building Violation F06653.003 Lot 1, DL 3954, Plan 30175, ODYD Civic Address: 571 Fish Lake Road (carport) B133/10A/B It was MOVED and SECONDED THAT a Section 695 Notice on Title, pursuant to Section 695 of the Local Government Act and Section 57 of the Community Charter (made applicable to Regional Districts by Section 695 of the LGA), be filed against the title of lands described as Lot 1, DL 3954, Plan 30175, ODYD, that certain works have been undertaken on the lands contrary to the Regional District Okanagan-Similkameen Building Bylaw No.
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