TOWNSHIP OF SPALLUMCHEEN. Minutes of a Regular Council Meeting held on Monday, October 5 th, 2009 in the Council Chambers

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1 TOWNSHIP OF SPALLUMCHEEN Minutes of a Regular Council Meeting held on Monday, October 5 th, 2009 in the Council Chambers COUNCIL: STAFF: OTHERS: Mayor Will Hansma Councillors: Dave Brew, Janice Brown, Andrew Casson, Ralph Leyenhorst & Todd York Lynda Shykora, Administrator Brian Freeman-Marsh, Chief Financial Officer Cindy Graves, Deputy Corporate Officer Ed Forslund, Acting Public Works Manager Greg Routley, Planner Caylee Simmons, Recording Secretary 2 News Media 50 members of the Public 1. CALL TO ORDER: Mayor Hansma called the Regular Meeting of Council to order at 7:05 pm. 2. INTRODUCTION OF THE ACTING PUBLIC WORKS MANAGER Mayor Hansma introduced Ed Forslund, Acting Public Works Manager, and extended the Township s gratitude to Mr. Forslund for filling the public works manager vacancy until such time that staff can hire a permanent replacement. 3. APPROVAL OF THE AGENDA: 315/2009 Leyenhorst/Casson: That the Township of Spallumcheen Regular Meeting Agenda for Monday, October 5 th, 2009 be approved with the following: (i) Additions (a) Item 4(a)(iii) Letter from Chris and Heather McMahen dated October 5 th, 2009 Re: 1403 Upper McLeod Road Property (b) Item 5(a) Amendment to the Minutes of the Township of Spallumcheen Regular Council Meeting held on Tuesday, September 8 th, 2009 (c) Item 8(b)(viii)(e)(i) 3 rd Quarter Dog Control Report, 2009, Additional Information 4. HEARING/PUBLIC HEARING: (a) Township of Spallumcheen Official Community Plan and Zoning Text Amendment Application for the Easterly ½ of the Southerly 160 Rods of District Lot 990, Kamloops Division Yale District, located at 1403 McLeod Road owned by Lorne and Linda Major. File ( OR) 1

2 Mayor Hansma opened the Public Hearing at 7:08 pm for the Easterly ½ of the Southerly 160 Rods of District Lot 990, Kamloops Division Yale District, located at 1403 McLeod Road owned by Lorne and Linda Major. (i) Introduction of the Official Community Plan and Zoning Text Amendment proposed for the property legally described as the Easterly ½ of the Southerly 160 Rods of District Lot 990, Kamloops Division Yale District. The Planner introduced the application which proposes to amend the Township of Spallumcheen Official Community Plan Bylaw 1570, 2004 and Zoning Bylaw 1700, 2008 for the easterly ½ of the Southerly 160 Rods of DL 990, KDYD located at 1403 McLeod Road and owned by Lorne and Linda Major. The Planner advised that the proposed subdivision is located within the non-alr portion of the property currently zoned Agricultural (A.2) and will be serviced by a private community sewer and water system. The applicant is proposing to develop 22 lots that would be zoned Residential Single Family (R.1), 2 lots that would be zoned Small Holdings (S.H) and two lots that would be zoned Country Residential (C.R). The applicant is proposing to dedicate parkland on the west side of Alderson Creek. (ii) Presentation by the Property Owner Dave McDonald Agent The applicant has been working on subdividing the proposed land for 6 years adjusting the application to meet the requests of Council. There have been neighborhood information meetings held. The property is not benefiting the community in its current state. This is a good property for development and will benefit the residents of McLeod. Within the proposed subdivision plan there is a linear park for all residents to enjoy, the park will provide access to Memorial Mountain. The proposed park will be donated to the Township. There is currently one lot for sale on MLS in the Township listed for $350,000; there is a need in the area for more affordable building sites. In the short term it would provide a more affordable rural lifestyle. This development will provide economic possibilities within the community. The proposed development is not a large development and should not have a big impact on the exiting highway access issues McLeod residents face. (iii) Presentation by the Public Trevor Stevenson, Trustee Laird Water District, Mr. Stevenson expressed concerns related to the Laird Water District; the district is concerned that the water levels will decrease if this subdivision is approved. Gordon Fox, 3219 Upper McLeod Road: Mr. Fox expressed his concern with water supply, water run off, sewage, protection of Alderson Creek, traffic and Agricultural Land. Mr. Fox submitted a letter to Council to further express his concerns, which was provided to Township staff. Bill Burr, 3425 Sidney Crescent: Would like to know who develops and maintains the road within the strata development. A. The Planner advised that the road would be developed and maintained by the strata corporation, however the proposed cul-de-sac would be maintained by the Township. 2

3 Michael Hogan, 3256 Upper McLeod Road: Would like to be assured that the wells are not on the same aquifer as the Laird Water District. There is a buffer required by the developer and would like to know if the current property owners surrounding the development have access to the buffer and if they will be compensated for the loss of tress in the area. There should be a written agreement in place for the proposed hiking trails. Mr. Hogan submitted a letter to Council to further express his concerns, which was provided to Township staff. Noel Hubbard, 3415 Lockhart Drive: Mr. Hubbard has had a problem for years with drainage issues and water/dirt coming on to his driveway. A new development will increase this problem. The current road is not in any shape to handle the increase in traffic, therefore road expenses for McLeod subdivision will increase. Shelby Wall, 3344 Meggait Place: Mr. Wall commented that the proposed subdivision traffic will be funneled through the current subdivision past existing houses and two playgrounds. The plan should have the new subdivision access from the bottom of McLeod Road. Shannon Saunders, 3321 Upper McLeod Road: Mrs. Saunders informed Council that once a year she runs out of water at her house, as her residence is located at the top of Upper McLeod Road. Currently, while making a left hand turn on to the highway, it is a 4-6 minute wait which increases in the summer months. If there are more residents using this access the time will increse. Snow removal is a problem in the area and because her residence is not located on a bus route there has been times she cannot get out of her driveway. Travis Rempel, 3286 Upper McLeod Road: Mr. Rempel advised that traffic in the subdivision is a nightmare and if there was ever a forest fire how would everyone be evacuated. The road for the proposed subdivision should be accessed from the bottom of McLeod Road. Each summer the users of Laird Water District are placed on water restrictions, there is already a shortage of water for the current residents. Garfield Kirchner, 3378 Meggait Road: Mr. Kirchner expressed his concerns regarding water, traffic access and roadway infrastructure and the affects and dangers associated with the increase of traffic as well as the negative effect of these changes on property values. Mr. Kirchner submitted a letter to Council to further express his concerns, which was provided to Township staff. Terry Dubois, 3453 Sidney Crescent: Mrs. Dubois expressed her concern for the shortage of water and that there is not enough to subsidize a new subdivision. There have been several proposals for this property with plans ranging from 10 to 70 lots. She inquired how are residents guaranteed that the proposed subdivision will remain limited to the number of lots currently proposed. Sufficient water and roads are more important then property values and parks. The amount of work a new subdivision would provide to the community would not be enough keep youth from moving away due to the lack of work. Mel Styles, 3282 Upper McLeod Road: Mr. Styles advised Council there is very low pressure at the top end of the water system. There is a great concern with traffic flow in the subdivision due to areas of poor visibility and snow plows have issues in the winter months. The access for the proposed subdivision should be at the bottom of McLeod Road. Rhonda Burr, 3425 Sidney Crescent: Mrs. Burr asked Council if the amount of water the current residents have be forever protected, similar to a water license. The Township maintains two parks in the McLeod subdivision at a substandard level, and that the Township should not take on another park. There has been no talk from the developer about upgrades to the highway and with the new four highway lane ending prior to McLeod Road it 3

4 will be an even greater issue. There has been no talk about the costs of the proposed lots, but that they will not be affordable for young families. Dale Tilburt, 3382 Lockhart Drive: Mr. Tilburt has the same concerns as everyone else, but would like to mention there is a number of children in the subdivision and the increased traffic will potentially go past the two parks. The Mayor read the following letters in to the record: Barb and Bob McCuish, Sharon and Doug Prizeman, Bower, BC: Mrs. & Mr. McCuish and Mrs. & Mr. Prizeman are in support of the subdivision application being made by Lorne Major, owner of Chickadee Ridge Miniatures in Armstrong, BC. Clarke and Doreen Pollock: Mr. and Mrs. Pollock are in support of the subdivision application being made by Lorne Major, owner of Chickadee Ridge Miniatures in Armstrong, BC. Ryan Winkler, Vernon, BC: Mr. Winkler is in support of the development application made by Lorne Major to subdivide. H.E. & Deborah Wold, Falkland, BC: Mr. and Mrs. Wold fully support the proposed subdivision application made by Lorne Major for the property located on Upper McLeod Road. Greta Oakes, Westside Road, Vernon, BC: Mrs. Oakes is in support of the subdivision profile. Steven Winkler, Kelowna, BC: Mr. Winkler is in support of the Lorne Major subdivision in Armstrong/ Spallumcheen. Patrice Goodliffe, # Heather Avenue Armstrong, BC: Mrs. Goodliffe is in support of the proposed subdivision by Lorne Major Upper McLeod Road, Armstrong. Mather (Tim) Litt, 5488 Wolfgang Road: Mr. Litt is in support of the Lorne and Linda Major proposed subdivision. Julie Brinkman, 5488 Wolfgang Road: Mrs. Brinkman is in support of Loren and Linda Major s request to have their non-farmable land reclassified, to smaller type holdings, to allow for a subdivision, and stronger tax base. Fran McDonald, 4100 Lansdowne Road: Mrs. McDonald is in support of the subdivision proposal by Lorne Major, Upper McLeod Road. Hardevinder Singh Thind, 1791-A Eagle Rock Road: Mr. Hardevinder is in support of the proposed subdivision on Upper McLeod Road, Armstrong by Mr. Lorne Major. Barry Richardson, 1300 Mountain View Road: Mr. Richardson is in support of the proposal of Mr. Major to subdivide twenty-six properties in the Upper McLeod Road area in Armstrong, BC. Dale Melvin, Kyle Melvin and Jim Hudson, Shepherd s Hardware Ltd. Armstrong, BC: Mr. D. Melvin, Mr. K. Melvin and Mr. Hudson are in support of the Sunset Ridge Development, Chickadee Ridge & Lorne Major s land development. 4

5 Dan and Hazel McGladdery, Phillip and Tina Lepine, Derek and Alaina McGladdery, 1199, 1189, 1249 and 1346 Mountain View Road: Mr. and Mrs. McGladdery, Mr. and Mrs. Lepain and Mr. and Mrs. McGladdery are in support of the Zoning Amendment Bylaw which proposes to rezone a portion of the property at 1403 McLeod Road to R.1 and C.R zoning. Jean Stier, 2415 Pleasant Valley Bouvlevard Armstrong, BC: Mrs. Stier is in support of the development of the subdivision located at Upper McLeod Road Mr. L. Major. Petition of Support: 14 signatures in support of the rezoning and OCP amendments in regards to the proposed 26 lot plan as a positive extension of the McLeod subdivision. Darcee and Dennis Bongers, Douglas Lake, BC: Mrs. And Mr. Bongers are in support of the subdivision as planned adjacent to Chickadee Ridge. Rick and Colleen Criss, 3238 Upper McLeod Road: Mr. and Mrs. Criss are in full support of the proposed Chickadee Ranch Subdivision located behind our property. Joy Gladstone, Falkland, BC: Mrs. Gladstone is in support of the proposed subdivision to be developed by Lorne Major in the Upper McLeod area. Landon McDonald: Mr. McDonald is in support of the Chickadee Ridge rezoning/ OCP amendment and proposed 26 lot development. Rory and Katie Taber: Mr. and Mrs. Taber are in support of the proposed subdivision on the Chickadee Ranch property in McLeod subdivision. Shirley Tubbs, 3450 Canyon Road: Mrs. Tubbs is in support of the application and would like to see more smaller acreages in the surrounding areas. Riley Twyford, Managing Brolur/Owner/Downtown Reality: Mr. Twyford is in support of the Chickadee Ranch OCP Amendment and Zoning and proposed 26 lot subdivision. Rosemary Francks, 2846 Powerhouse Road: Mrs. Francks is in support of the proposed subdivision on McLeod Road by Mr. Lorne Major to increase the tax base and to increase the revenue for local retailers, professional services restaurants, etc. Audrey Meise, 4534 Hwy 97: Mrs. Meise is in support of the development of a subdivision in the Upper McLeod Road area by Lorne Major. Chris and Heather McMahen, 3287 Upper McLeod Road: Mr. and Mrs. McMahen are concerned that further development would compound the existing highway access problem. The Mayor advised there were no further submissions received. Shannon Saunders, 3321 Upper McLeod Road: Mrs. Saunders asked how Council can call this affordable housing when no prices have been released? A. The Mayor advised that Council has discussed this and concluded that the property for sale may not be affordable housing but may free up affordable housing by people buying the subdivided lots. 5

6 Paul Blackette, Triahn Enterprises Contractor for Lorne Major/ Sunset Ridge Mr. Blackette s company has been hired by the developer to address the water and sewer issues for the proposed development. The wells need to produce a minimum of 25 gallons per minute for the proposed number of lots. There are flagged locations for future wells sites, and believes the developer is not considering expending more costs until the subdivision is approved. The Water Control Office manages how many lots can go on a property based on the amount of water the well(s) provide. There is a very in-depth process, required to be satisfied prior to subdivision that must meet all of the regulations. Some of the process includes the requirement of drilling permits, evaluation of the well(s) for long term capacity, proof of sufficient water and water quality testing. Further research will need to be done to find if the wells are on the same aquifer as the Laird Water District. Twenty-six lots will produce approximately 8,000 gallons of sewage per day. The Ministry of Environment will need to approve the sewer system. An environmental impact study would need to be approved for the sewer system, including a minimum of 300 meter distance from wells. The development must follow the drinking water protection act and the ground water protection regulations. Consulting firms are required to insure there is no shortfall in the water or sewer systems. Shelby Wall, 3344 Meggait Place: Mr. Wall addressed the Chair inquiring if the subdivision requirement of 25 gallons per minute, can be produced by more than one well? A. Mr. Blackette advised that the proposed subdivision can be serviced by more than one well, but that it s onerous. He advised that the Water Control Center looks very closely at water production to access if there is a requirement for more than one well. The ideal situation is to have one principle well and one backup well. Garfield Kirchner, 3378 Meggait Road: Mr. Kirchner inquired if all the requirements are met, there is still no guarantee that it will affect the Laird Water District. A. Mr. Blackette advised that there cannot be a 100% guarantee, but there are rules that need to be followed. Out of the many 100 s of clients his company has provided services to, there have been only two (2) shallow wells that were not to standard. Terry Dubois, 3453 Sidney Crescent: Council should not consider this application until all services have been proven. Noel Hubbard, 3415 Lockhart Drive: Mr. Hubbard inquired as to what type of soil the 8,000 gallons of sewer produced daily will go in to? A. Mr. Blackette advised the proposed site is sand with lots of percolation. (iv) Closing Statement by the Mayor Mayor Hansma called three times for any member of the public who believe their interest in property affected by the proposed Official Community Plan Amendment & Zoning Amendment application to make their concerns known. There being none, Mayor Hansma declared the Public Hearing closed at 8:35 pm. 6

7 The Mayor advised Bylaw 1698, 2008 & Bylaw 1699, 2008 will be considered with under the bylaw section. There was a break from 8:35pm to 8:40pm. 5. ADOPTION OF THE MINUTES: (a) Minutes of the Township of Spallumcheen Regular Meeting of Spallumcheen Council held on Tuesday, September 8 th, /2009 Brew/Leyenhorst: That the Minutes of the Regular Meeting of Spallumcheen Council held on Tuesday, September 8 th, 2009 be adopted. (b) Minutes of the Township of Spallumcheen Committee of the Whole Meeting held on Monday, September 14 th, /2009 Brew/Brown: That the report from Deputy Corporate Officer dated September 10 th, 209 Re: Township Flag Update be received by Council and Council approve Option 3, attached to the report, of the flags provided by the Flag Outlet for the Township of Spallumcheen Flag so staff can order six (6) three by six (3 by 6 ) flags, as per the quote received May 7 th, /2009 Leyehhorst/Casson: That the Minutes of the Township of Spallumcheen Committee of the Whole Meeting held on Monday, September 14 th, 2009 be adopted. (c) Minutes of the Township of Spallumcheen Committee of the Whole Meeting held on Monday, September 21 st, /2009 Casson/York: That Zoning Text Amendment Bylaw No. 1759, 2009, which proposes to amend Section 702 of the Township of Spallumcheen Zoning Bylaw No. 1700, 2008, be supported by Council and that notwithstanding the Residential Manufactured Home Community (R.5) zone permitted uses outlined in Section of the Bylaw, that an accessory building (detached garage) on the property legally described as Parcel A, (DD X34551) of NW ¼ of Section 13, Township 7, ODYD, Except Plans H732 and KAP88909 located at 944 Highway 97A is a permitted accessory use with m2 (1280 ft2) of floor space. 320/2009 Leyenhorst/York: That the application under Section 30(1) of the Agricultural Land Commission Act to exclude the property legally described as Lot 2, Section 2, Township 7 and Section 35, Township 8, ODYD, Plan 35183, Except Plans 35556, KAP54885 and KAP74082 located at 4305 L&A Cross Road from the Agricultural Land Reserve not be authorized for submission to the Agricultural Land Commission. 321/2009 York/Casson: That Council support the request from the owner of the property legally described as the S ½ of SW ¼, Section 31, Township 5, ODYD, located at 8041 McLennan Road, to discharge the no further subdivision Section 219 Covenant (KW030851) registered against the title of the property. Councillor Brew and Leyenhorst Opposed 7

8 322/2009 York/Leyenhorst: That the Minutes of the Township of Spallumcheen Committee of the Whole Meeting held on Monday, September 21 st, 2009 be adopted. (d) Minutes of the Olympic Torch Celebration Meeting held on Tuesday, September 22 nd, /2009 Brown/Brew: That the Minutes of the Olympic Torch Celebration Meeting held on Tuesday, September 22 nd, 2009 be received for information. 6. BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS: None 7. PETITIONS AND DELEGATIONS: None 8. REPORTS: (a) Committee Reports: (i) Mayor Hansma Regional Board, Regional District of North Okanagan The Mayor reported that the Regional Board unanimously supported the resolution from the Township for the CP Rail. The CP Rail is for sale at a price determined by the rail line. If it does not sell it will be sold at salvage value allowing the opportunity for local, regional and provincial governments to consider purchasing the rail line. (ii) Councillor Brew Armstrong Spallumcheen Parks and Recreation Commission Councillor Brew reported that later this week concrete will be poured for the change rooms and pool. (iii) Councillor Brown Olympic Torch Relay Committee Councillor Brown reported it was concluded that there would be five locations to gather for the relay and that closer to the date specific locations will be released. There will be healthy treats, hot chocolate and free souvenirs for those who attend. A celebration will be held following the relay at the Nor-Val Center. (b) Staff Reports: (i) Report from the Planner dated September 30 th, 2009 Re: Official Community Plan Review The Planner reported that at the September 21 st, 2009 Committee of the Whole Meeting Council requested that Development Services provide a report to the Township to advise if the department is able to prepare a draft survey for the Official Community Plan (OCP) Review. It was concluded that the Development Services Department does not have the staffing capacity through the remainder of the year to prepare a draft survey for the proposed OCP Review. If 8

9 Council wishes, Development Services could provide a report later in the year to advise on whether or not circumstances have changed enough to allow Development Services staff to prepare the proposed OCP survey. Discussion: The Planner was asked to report back to Council at the Monday, October 19 th, 2009 Committee of the Whole Meeting to advise what type of liaison Development Services can provide to the Township if an outside consulting firm is hired. (ii) Report from the Acting Public Works Manager dated September 23 rd, 2009 Re: Winter Abrasives The Acting Public Works Manager reported the Township received a quote from Lawrence Enterprises Ltd. to supply sand and mix. The quote is $0.47 per metric tonne more than last years cost. It was noted that based on past experience public works has found that the sand provided by Lawrence Enterprises contains less clay then other contractors in the area, which reduces clean up costs in the Spring. 324/2009 Brew/Casson: That the Township of Spallumcheen accept the quote of $8.92 per metric tonne from Lawrence Enterprises Ltd. to supply blended sand and salt, FOB the Township s Works Yard. (iii) Report from the Acting Public Works Manager dated September 25 th, 2009 Re: Salt Quotations The Acting Public Works Manager reported that the Township received one quote for the supply of salt from Chances Bulk Unloading at $ per tonne for supply and delivery. The quote is $6.72 per tonne more than last years cost. For the past several years the Township has purchased salt from T.R. Enterprises Ltd. This company has been taken over by Chances Bulk Unloading, who has provided the delivery service in the past and public works anticipate no significant changes in the product or service. 325/2009 Brew/Casson: That the Township of Spallumcheen Chances bulk unloading with the supply and delivery of de-icing chemical (salt) at the accepted quote of $ per metric tonne. (iv) Report from the Chief Financial Officer dated September 29 th, 2009 Re: 2009 Property Tax Sale The Chief Financial Officer reported that there was no requirement for a 2009 Property Tax Sale. The one folio with delinquent taxes was a mobile home was destroyed by fire in the Spring of Staff will be investigating alternative collective proceedings for this folio. Council received the report for information. 9

10 (v) Report from the Chief Financial Officer dated September 29 th, 2009 Re: Permissive Tax Exemptions The Chief Financial Officer reported there were six permissive tax exemption applications received by the Township. He advised the requirements for the Township of Spallumcheen Permissive Tax Exemption Policy had been met for all six (6) applications. 326/2009 York/Brew: That the Township of Spallumcheen Council approve three readings of the Permissive Tax Exemption Bylaw for Grandview Seventh Day Adventist Church, Monastery of Carmel of St. Joseph, Hullcar & Deep Creek Hall Society, Bill Miner Society for Cultural Advancement, O Keefe Ranch and Interior Heritage Society, and Community Resource Project Demonstration Forest for the fiscal years 2010 and 2011 at in the bylaw section. (vi) Report from the Deputy Corporate Officer dated September 14 th, 2009 Re: Christmas Officer Closure, 2009 The Deputy Corporate Officer reported that in the past the Municipal Offiice has closed in conjunction with the Regional District of North Okanagan for the Christmas holidays. 327/2009 Leyenhorst/Brew: That the Township of Spallumcheen Council authorize the Christmas office closure from December 28 th, 2009 through January 1 st, 2010, inclusive. (vii) Report from the Deputy Corporate Officer dated September 25 th, 2009 Re: Appointment of Dog Control Officer The Deputy Corporate Officer reported Clark VanPeteghem has been hired by K-9 Control which requires he be appointed as an animal control officer within the Township. 328/2009 Brown/Casson: That the Township of Spallumcheen Council appoint Clark VanPeteghem as an animal control officer under the contract arrangement with K-9 Control for services provided to the Township of Spallumcheen. (viii) Administrator s Report (a) Report dated September 28 th, 2009 Re: Indemnification of Municipal Officials The Administrator outlined the report noting that the Community Charter has changed since the existing Indemnification of Municipal Officials Bylaw 1488, If the new bylaw is adopted it will obligate the Township to satisfy the costs of dealing with litigation as well as the obligation to satisfy the judgment. (b) Otter Lake Dock Completion The Administrator reported that Otter Lake Dock is now complete and would like to extend gratitude to Active Communities for spearheading this project. 10

11 329/2009 Brown/Casson: That the photos received with the Township of Spallumcheen agenda for the meeting held on Monday, October 5 th, Re: Otter Lake Dock be received for information. (c) Report from the Bylaw Enforcement Officer/ Business Licence Inspector dated September 28 th, 2009 Re: Quarterly Report (i) Bylaw Enforcement/ Business Licence Inspector Report Consolidated for /2009 Casson/Brown: That the report provided to the Township of Spallumcheen from the Bylaw Enforcement Officer/ Business Licence Inspector dated September 28 th, 2009 Re: Quarterly Report and the report provided by Bylaw Enforcement/ Business Licence Inspector Report Consolidated for 2009 be received for information. (d) Building Inspections Statistical Report from July /2009 Brown/Casson: That the Building Inspections Statistical Report from July 2009 be received for information. (e) 3 rd Quarter Dog Control Report, /2009 Brown/Casson: That the 3 rd Quarter Dog Control Report, 2009 provided to the Township of Spallumcheen be received for information. (f) Armstrong Spallumcheen Fire/ Life Safety Inspection Report 333/2009 Brown/Casson: That the Armstrong Spallumcheen Fire/ Life Safety Inspection Report provided to the Township of Spallumcheen be received for information. (g) Armstrong Spallumcheen Investigation and Incident Call Out Report 334/2009 Brown/Casson: That the Armstrong Spallumcheen Fire Department Investigation and Incident Call Out Report provided to the Township of Spallumcheen be received for information. (c) Council Reports: None (d) Mayor s Report: (i) Acting Mayor Appointments 335/2009 Brew/Leyenhorst: That the Township of Spallumcheen Acting Mayors be appointed for six month terms as follows: December, 2008 to May, 2009 Councillor Brown, June, 2009 to November, 2009 Councillor Brew, December, 2009 to May, Councillor Leyenhorst, June, 11

12 2010 to November, 2010 Councillor York, December, 2010 to May, 2011 Councillor Casson and June, 2011 to November, 2011 Newly Elected to Fulfill Vacancy. (ii) UBCM Conference Ministerial Meeting(s) The Mayor reported on attendance at the UBCM Conference in Vancouver. Minister of Agricultural and Lands, Steve Thomson Council discussed the naming of the second part of Memorial Mountain and asked that they continue providing the Township with fact sheet for large scale farms. Minister of Solicitor General, Kash Heed Council discussed the policing resources at the Armstrong/ Spallumcheen detachment and the draw down of the overtime special events budget that has not increased in quite some time. Agricultural Land Commission Council discussed the large farming operations in the area and asked that it be clarified what the land use restrictions are in the ALR. Minister of Transportation and Infrastructure, Shirley Bond Council discussed the intersection at McLeod subdivision and were advised that it may be a consideration closer to the end of The Minister advised that the tenders for the second phase of the highway project will be released on November 1 st, Ministry of Environment, Barry Penner Council discussed the need for protection of Fortune Creek Watershed and the Boundary Annexation. Minister of Transportation, Bill Bennett Council Discussed the Boundary Annexation application and extended gratitude for the BC Building Fund grant for Otter Lake Cross Road. Minister George Abbott, MLA Council discussed many of the concerns with the MLA, as well as the closure of the CP Rail line between Armstrong and Sicamous. Councillor Brown reported on attendance at the UBCM Conference in Vancouver. The Terasen Gas Workshop was very informative. The Municipal Finance Authority is doing very well. Minister Pat Bell advised that the forest industry is in tough shape and now its just a matter of figuring out a way to get through. Councillor Brew reported on attendance at the UBCM Conference in Vancouver. The Terasen Gas Workshop was very informative. The HST Tax will be implemented whether we like it or not because of the large deficit BC is facing. The vaccine for H1N1 will be available at no charge in the New Year. (iii) West Nile Virus Update The Mayor reported that the WNV has been confirmed to be in the Okanagan. The virus will have the highest impact on corvids (ravens, crows, magpies and blue jays) and horses. Residents are asked to monitor the areas and to advise the Township of any problem areas so out contractor can apply an organic method to help control the mosquito population. All horse owners should consider vaccinating their horses from contracting the virus. 12

13 9. CORRESPONDENCE: (a) Requests (i) from Don Ross dated September 25 th, 2009 Re: Closure of Rail Line Between Armstrong and Sicamous 336/2009 York/Brew: That the from Don Ross on behalf of a Group of Concerned Citizens in the Community of Mara dated September 25 th, 2009 Re: Closure of Rail Line Between Armstrong and Sicamous be received and filed. (b) Informational/Receive & File (i) from the Manager of Air Emissions, BC Ministry of Environment dated September 11 th, 2009 Re: Wood Residue Burner and Incinerator Regulation (ii) Letter from Minister of State Transport dated September 18 th, 2009 Re: Rural Postal Services (iii) from Minister of Community and Rural Development dated September 18 th, 2009 Re: Strategic Community Investment Funds Traffic Fine Revenue and Small Community Grants (iv) Letter from the Minister, Ministry of Children and Family Development dated September 21 st, 2009 Re: October Foster Family Month in British Columbia (v) Letter from the Mayor of the City of Coquitlam dated September 24 th, 2009 Re: Notice of Motion Provincial Arts Cuts 337/2009 York/Brew: That the Informational/Receive and File letters Item 9(b) (i) through (v) to the Township of Spallumcheen be received and filed. (vi) from BC Ministry of Agricultural & Lands dated September 25 th, 2009 Re: Value Plus Workshop Tuesday, October 27 th, 2009 and Friday, December 4 th, 2009 at the Best Western Vernon Lodge 338/2009 Brew/Leyenhorst: That the from BC Ministry of Agricultural & Lands dated September 25 th, 2009 Re: Value Plus Workshop Tuesday, October 27 th, 2009 and Friday, December 4 th, 2009 at the Best Western Vernon Lodge be received and filed. Discussion: This should be a very valuable workshop for Council and Spallumcheen farminig residents to attend. Councillor Brew will be attending. 13

14 10. BYLAWS: (a) Third Reading of the Township of Spallumcheen Official Community Plan Amendment Bylaw 1698, 2008 (Major, 1403 McLeod Road) 339/2009 York/Leyenhorst: That the Township of Spallumcheen Official Community Plan Amendment Bylaw 1698, 2008 be given third reading. Discussion: The proposed development is small but may need to be smaller if the two (2) combined wells can only produce 15 gallons per minute. Council has a condition that roads cannot be constructed through property located within the Agricultural Land Reserve. A subdivision greater then three lots will have to meet the drainage regulations; a condition of the Subdivision Servicing Bylaw, which affects the proposed subdivision from being accessed via McLeod Road. Council will have to determine if they would like the strata to develop and maintain the park or if the Township would take this on, prior to final adoption. Council would like to be confident that the water will not negatively impact the Laird Water District s water source and where the location for the 8,000 gallons per day of sewer is going to go prior to adoption. The more people that move in to the subdivision does not mean the highway access will be improved. Councillor Brew Opposed 340/2009 Leyenhorst/York: That Council pass a resolution to continue the Township of Spallumcheen Regular Meeting of Council of Monday, October 5 th, 2009 past 10:00 pm. (b) Adoption of Township of Spallumcheen Official Community Plan Amendment Bylaw 1698, 2008 (Major, 1403 McLeod Road) 341/2009 Casson/Leyenhorst: That the Township of Spallumcheen OCP Amendment Bylaw 1698, 2008 be adopted. Discussion: The Official Community Plan supports growth in areas of Spallumcheen that do not negatively impact the Agricultural Land Reserve and are considered good areas for potential growth, the are the proposed subdivision is located is a good area. 14

15 (c) Third Reading of the Township of Spallumcheen Zoning Amendment Bylaw 1699, 2008 (Major, 1403 McLeod Road) 342/2009 Casson/York: That the Township of Spallumcheen Zoning Amendment Bylaw 1699, 2009 be given third reading. 343/2009 York/Casson: That Final Adoption of Zoning Amendment Bylaw 1699, 2008 be withheld until: a) The Township receives confirmation from a qualified professional that the proposed community water system would have the capacity to service the lands proposed to be zoned Residential Single Family and Country Residential and would not negatively impact other well users in the area; b) The Township receives confirmation from a qualified professional that the proposed Community water system would have a safe and potable supply; c) The Township receives a certified report from a professional engineer or geoscientist that the land may be used safely for the use intended; d) The Township receives notification from the Agricultural Land Commission (ALC), Ministry of Environment (MoE) and/or Department of Fisheries and Oceans (DFO) that the proposed sewage disposal fields, roadways, driveways and trails may proceed in accordance with the provisions of the Riparian Area Regulations and the ALC Act; e) A covenant has been registered on title of the property to establish and protect a landscaped buffer along the Agricultural Land Reserve boundary. At a minimum and where existing mature trees do not exist, buffering should be in substantial compliance with the airborne particle and visual screening elements of the Agricultural Land Commission Landscaped Buffer Specifications; f) That a no further subdivision covenant be registered on title. (d) First and Second Reading of the Township of Spallumcheen Zoning Amendment Bylaw 1759, 2009 (Kolodychuk, 994 Highway 97A) 344/2009 Brew/Leyenhorst: That the Township of Spallumcheen Zoning Amendment Bylaw 1759, 2009 be given first and second reading. (e) First, Second and Third Reading of the Township of Spallumcheen Indemnification Bylaw 1761, /2009 York/Casson: That the Township of Spallumcheen Indemnification Bylaw 1761, 2009 be given first, second and third reading. Discussion: The present bylaw satisfies the Townships needs and Council still has the option to pass a resolution, Council should stay away from gray areas. The new bylaw will protect everyone equally and give security to Council. Councillor Brew and Leyenhorst Opposed 15

16 (f) First, Second and Third Reading of the Township of Spallumcheen Permissive Tax Exemption Bylaw 1762, /2009 Brew/Brown: That the Township of Spallumcheen Permissive Tax Exemption Bylaw 1762, 2009 be give first, second and third reading. Discussion: The taxes that are not collected due to the permissive tax exemption will need to be made up by the other tax payers in the Township. 11. NEW BUSINESS: (a) Announcements: Opening Burning Commences October 1 st, 2009 (*Vegetation Only Consult Venting Index & Person in Charge at all times with water/shovel available) Committee of the Whole Meeting Tuesday, October 13 th, 2009 Committee of the Whole Meeting Monday, October 19 th, 2009 Special Open Council Meeting Monday, October 19 th, Local By-Election - Nomination Period - 9:00am Tuesday, October 6 th, 2009 to 4:00 pm Friday, October 16 th, 2009 Nomination Packages Available 12. RISE & REPORT None 13. QUESTION PERIOD: Q: Wanda Bristol, 4255 Todd Place inquired if it is legal or sensible for Council to accept letters at a Public Hearing when the submissions are made by individuals who do not reside within the Municipality? The Administrator advised that legally a Public Hearing has to be advertised in the local news and that all public has the right to write a letter or speak at a Public Hearing. The Mayor added that it is Council s responsibility to consider all submissions, but Council may weight the submissions made by residents of Spallumcheen different then they consider submissions by nonresidents. 14. RECONVENE IN TO CLOSED SESSION: 347/2009 York/Leyenhorst: Pursuant to Sections 90.1 (f) law enforcement, (g) litigation or potential litigation of the Community Charter, that the public interest requires that persons other than Council Members and Officers be excluded from the meeting and that Council convene in to Closed Session following the Township of Spallumcheen Committee of the Whole Meeting to be held on Tuesday, October 13 th,

17 15. ADJOURNMENT: 348/2009 Casson/York: That the Monday, October 5 th, 2009 Township of Spallumcheen Regular Meeting of Council adjourn at 10:24 pm. Certified Correct: Corporate Officer Mayor Adopted by Council on the 2 nd day of November,