MINUTES OF A REGULAR MEETING OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF PENTICTON HELD MONDAY, FEBRUARY, FEBRUARY 1, 2010 AT 6:00 P.M. AT CITY HALL COUNCIL CHAMBERS, 171 MAIN STREET, PENTICTON PRESENT: Mayor Ashton Councillors Albas, Jakubeit, Litke, Pearce, Sentes and Vassilaki ATTENDING: Dennis Back, Chief Administrative Officer Mitch Moroziuk, Director of Development and Engineering and Development Services John Kirbyson, Director of Parks, Recreation and Culture Jack Kler, Director of Corporate Services Cathy Ingram, Manager of Legislative Services/City Clerk Anthony Haddad, Planning Manager CALL TO ORDER Mayor Ashton called the Regular Council meeting to order at 6:00 p.m. with approximately approximately 11 members of the public in attendance. Formatted: Not Highlight Formatted: Not Highlight AGENDA ADDENDA 1/2010109/2010THAT the agenda for Monday, February 1, 2010 Regular Council meeting be amended as follows: aadd: 5.7 Library Board Appointments add: 5.8 Advisory Committee Appointments DELEGATIONS, PETITIONS & HEARINGS: Hearing: 138 Lakeside Court -, Section 57 Notice on Title Staff provided an update regarding the contraventions at 138 Lakeside Court. Mr. Vernon spokeneither the owner, nor a representative werewas in attendance respecting the contraventions and placement of the Notice on Title. 110/2010 THAT pursuant to Section 57 of the Community Charter, Notice be placed on the Title of Lot 1, Plan KAP59064 located at 138 Lakeside Road Court stating that contraventions have been made respecting Building Bylaw 94-45, Zoning Bylaw 87-65, Official Community Plan Bylaw 2002-20 and Registered Covenant KG117432, and that further information may be inspected at the municipal hall; Formatted: Underline Formatted: Underline, Underline AND THAT Iinjunctive proceedings be commenced to remove the said infractions and contraventions. CARRIED Councillors Albas, Jakubeit and Vassilaki against. Delegation: Paul Randall Freedom of the City Paul Randall, Dragoon, requested Freedom of the City for September 18, 2010. A discussion period ensued. spoke 111/2010 THAT the request for Freedom of the City be granted to the Dragoons on September 18, 2010. 1
John Kirbyson arrived- 6:30 p.m. Delegation: Gabriele Cursons, Farmers Market Ms. Cursons, Directors of the Penticton Farmers Market spoke to the financial benefit that the Farmers Market brings to Penticton and use of the 100 block of Main Street. The market requested retaining use of the 100 block of Main Street during the Peach City Beach Cruise and other events. Mr. Cursons spoke, No underline 112/2010 THAT the Mayor meet with members of the Farmers Market and Peach City Beach Cruise to work out an amicable solution. MINUTES Regular Council Meeting of Monday, January 18, 2010 2/2010113/2010THAT the minutes of the Regular Council meeting held on Monday, January 18, 2010 be confirmed as circulated. Special Council Minutes of Monday, January 25, 2010 3/2010114/2010THAT the minutes of the Special Council held on Monday, January 25, 2010 be confirmed as circulated. Fees and Charges Amendment Schedule B-8 Ticket Spitters Sch B8 4/2010115/2010THAT the Council Report dated February 1, 2010 regarding Ticket Spitter, Fees and Charges Bylaw 2000-25 be received; AND THAT a bylaw be prepared to amend the Fees and Charges Bylaw 2000-25, Schedule B-8, Ticket Spitters to remove 200, 300, 400 and 500 block of Main Street Parking etc.etc. Lots, First 1 hour free and for each half (1/2) hour thereafter $.50; and For all Other Ticket Spitters, for each half (1/2) hour up to the maximum time on ticket $.50r; AND Replace with Martin Street Extension Lot 200, 300, 400, and 500 block of Main Street Parking Lots etc. etc., First 1 hour free and for each half (1/2) hour thereafter..$0.50; AND For All Other Ticket Spitters, for each half 1/2) hour up to the maximum time on ticket $0.50.to include the Martin Street extension. Fees and Charges Amendment Bylaw 2010-04 - Schedule B-8 Ticket Spitters 5/2010116/2010THAT Bylaw 2010-04 being a bylaw to amend the Fees and Charges Bylaw 2000-25, Schedule B-8, Ticket Spitters to remove 200, 300, 400 and 500 block of Main Street Parking Lots, First 1 hour free and for each half (1/2) hour thereafter $0.50; and For all Other Ticket Formatted: Font: Bold 2
Spitters, for each half (1/2) hour up to the maximum time on ticket $0.50; AND etc.etc. and replace with Martin Street Extension Lot 200, 300, 400, and 500 block of Main Street Parking Lots, First 1 hour free and for each half (1/2) hour thereafter..$0.50; AND For All Other Ticket Spitters, for each half 1/2) hour up to the maximum time on ticket $0.50 to include Martin Street extension etc. etc. bbe introduced, read for the first, second, and third time. Fees and Charges Amendment Schedule C-2 Transit Fees Schedule C-2 6/2010117/2010THAT the Council Report dated February 1, 2010 regarding Transit Fees be received; AND THAT a bylaw be prepared to amend the Schedule C-2 Transit Fees, Fees and Charges Bylaw 2000-25 be amended to include a definition of Post Secondary Institution as follows: Post Secondary Institution refers to universities, vocational universities, community colleges, liberal arts college, institutes of technology and other collegiate level institutions, such as vocational schools, trade schools, and career colleges that award academic degrees or professional certifications. Formatted: No underline Fees and Charges Amendment Bylaw 2010-05 - Transit Fees Schedule C-2 7/2010118/2010THAT Bylaw 2010-05 being a bylaw to amend the Fees and Charges Bylaw 2000-25, Schedule C-2 Transit Fees to include a definition of Post Secondary Institution, Schedule C2, be introduced, read for the first, second and third reading. Formatted: Font: Italic Business Licence Amendment 8/2010119/2010THAT the Council Report dated February 1, 2010 regarding Business Lilcence be received; AND THAT City of Penticton Business License Bylaw No. 2005-74 be amended to create new expiration and pro-rating dates for Business Licenses, as outlined in Attachment A to the said Report; AND THAT all existing references to Mobile Business Licence be replaced with Inter-Community Business Licence ; AND THAT City of Penticton Fees and Charges Bylaw No. 2005-25 be amended, as outlined in Attachment B to the said Report/ AND FURTHER THAT in accordance with Section 59 (2) of the Community Charter prior to adoption of the amending bylaw the public be given notice of the intended changes and provided with an opportunity to speak to the issue at the March 1, 2010 meeting. AND THAT the necessary bylaws be prepared to amend the Business Licence Bylaw 2005-74 as follows: 1. Rremove under heading 8.0 Period of Business Licence,, Not Bold Formatted: Indent: Left: 0, Not Bold, Not Bold, Not Bold, Italic Formatted: Font: (Default) Times New Roman Formatted: Left, Indent: Left: 0, Hanging: 1.27 Formatted: Font: Bold 3
Paragraph #8.1 All Business Licences issued under this Bylaw shall be etc.etc.; and replace under said heading, new paragraph #8.1 as follows: All Business Licences issued under this Bylaw and all Mobile Business Licences issued etc.etc.; All Business Licences issued under this Bylaw and all Mobile Business Licenses issued pursuant to the Mobile Business License Bylaw shall be for the calendar year current at the time of the issuance of such Business Licence, and will expire on December 31 st of that calendar year except if: 8.1.1 a Business Licence is previously forfeited under this Bylaw; 8.1.2 a Business Licence is issued on a daily, weekly or monthly basis; Replace under said heading, new paragraph #8.1 as follows: All Business Licences issued under this Bylaw and all Mobile Business Licences issued pursuant to the Mobile Business License Bylaw shall be for the calendar year current at the time of the issuance of such Business Licence and will expire on January 31 st of the subsequent calendar year except if: a Business Licence is previously forfeited under this Bylaw. a Business Licence is issued on a daily, weekly or monthly basis; Remove under Heading 9.0 Business Licence Fees, No. 9.3 Where a new Business Licence is issued after June 1 st of any year, the annual Business Licence Fee will be reduced by fifty percent (50%); Replace under said Heading, Business Licence Fees, No. 9.3 Where a new Business Licence or is issued after July 31 st of any year, the annual Business Licence or Inter-Community Business Licence fee will be reduced by fifty percent (50%).; Formatted: Indent: Left: 1.19 Formatted: Indent: Left: 1.19, Hanging: 1.27 Formatted: Indent: Left: 1.19 Formatted: Superscript Formatted: Outline numbered + Level: 3 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 1.4 + Tab after: 2.67 + Indent at: 2.67 Formatted: Font: Bold Formatted: Indent: Left: 1.19 Formatted: Underline Formatted: Superscript Formatted: Font: Bold Formatted: Superscript AND FURTHER THAT the Fees and Charges Bylaw 2000-25, Schedule I 2, Business License Fees, be amended to remove the existing heading Mobile Businesses, Pursuant to The City of Penticton Mobile Business Licence Agreement Authorization Bylaw 2005-78, Base Fee.!50.00; Formatted: Font: Bold etc.etc.; andand to replace with the new heading Inter-Community Licences, Pursuant to the City of Penticton Inter-Community Business Licence Agreement Authorization Bylaw No. 2007-78 Base Fee $150.00. Business Licence Amendment Bylaw 2010-06 9/2010120/2010THAT Bylaw 2010-06 being a bylaw to amend Business Licence Bylaw 2005-74 to change the expiration date of business licences to January 31 st and amend the reference from Mobile Business Licences to Inter- Community Business Licence remove under heading Remove under heading 8.0 Period of Business Licence, Paragraph #8.1 All Business Licences issued under this Bylaw and all Mobile Business Licenses issued pursuant to the Mobile Business License Bylaw shall be for the calendar year current at the time of the issuance of such Business Licence, and will expire on December 31 st of that calendar year except if: Formatted: Justified Formatted: Superscript Formatted 4
8.1.1 a Business Licence is previously forfeited under this Bylaw; 8.1.2 a Business Licence is issued on a daily, weekly or monthly basis; Formatted: Indent: Left: 1.19, Hanging: 1.27 Replace under said heading, new paragraph #8.1 as follows: All Business Licences issued under this Bylaw and all Mobile Business Licences issued pursuant to the Mobile Business License Bylaw shall be for the calendar year current at the time of the issuance of such Business Licence and will expire on January 31 st of the subsequent calendar year except if: a Business Licence is previously forfeited under this Bylaw. a Business Licence is issued on a daily, weekly or monthly basis; Remove under Heading 9.0 Business Licence Fees, No. 9.3 Where a new Business Licence is issued after June 1 st of any year, the annual Business Licence Fee will be reduced by fifty percent (50%); Replace under said Heading, Business Licence Fees, No. 9.3 Where a new Business Licence or is issued after July 31 st of any year, the annual Business Licence or Inter-Community Business Licence fee will be reduced by fifty percent (50%).; 8.0 Period of Business Licence, Paragraph #8.1 All Business Licences issued under this Bylaw shall be etc.etc. and replace under said heading, #8.1 All Business Licences issued under this Bylaw and all Mobile Business Licences issued etc.etc., be introduced, read for the first, second and third time. Fees and Charges Amendment Bylaw 2010-07 Fees Schedule I 2 Business Licence 10/2010121/201THAT Bylaw 2010-07 being a bylaw to amend the Fees and Charges Bylaw 2000-25, Schedule I 2, Business License Fees, to remove heading the existing Mobile Businesses, Pursuant to The City of Penticton Mobile Business Licence Agreement Authorization Bylaw 2005-78. Base Fee..$150.00 R etc.etc. and to replace with heading Inter-Community Licences, Pursuant to the City of Penticton Inter-Community Business Licence Agreement Authorization Bylaw No. 2007-78 Base Fee.. $150.00; to extend the expiration date to January 31 st and to change the reference from Mobile Business Licences to Inter-Community Business Licences be introduced, read for the first, second and third time. Formatted: Font: Bold Formatted: Superscript Formatted: Font: 10 pt Formatted: Right SOEC Project Report 11/2010122/201THAT the Council Report dated February 1, 2010 regarding South Okanagan Events Centre Project Report be received; AND THAT the South Okanagan Events Centre Project report be received for information.. 5
Lane and Road Closure and Removal of Highway Dedication 330 Power Street 12/2010123/20 THAT Council Report dated February 1, 2010 regarding a Lane and Road Closure and Removal of Highway Dedication for the two parcels of land adjoining the former KVR Right-of-Way ssouth of 330 Power Street be received; AND THAT a bylaw be prepared to close a lane and road and to remove highway dedication. Lane and Road Closure and Removal of Highway Dedication Bylaw 2010-08 13/2010124/20 THAT Bylaw 2010-08 being a bylaw to close a lane and road and remove highway dedication for the two parcels of land adjoining the former KVR Right-of-Way ssouth of 330 Power Street be introduced, read for the first, second and third time and taken to the February 15, 2010 Council meeting for consideration. 2010 Budget Public Input Brian McKenzie of 135 Pineview Estates cited concerns with Pineview Road lack of sidewalks and both pedestrian and vehicular safety and suggested that Pineview Road improvements should be considered in the 2010 budget. John Kirbyson left at this time 7:15 p.m. Formatted: Font: Not Bold Formatted: Justified, Indent: Left: 0, First line: 0 Cemetery Bylaw Amendment 14/2010125/201THAT the Council Report dated February 1, 2010 regarding The Penticton Cemetery Regulations Bylaw #4189 be postponed pending receipt of a summary of the business plan and rational for the capital reserve fund. received; AND THAT The City of Penticton Cemetery Regulations Bylaw #4189 be repealed; AND THAT the necessary bylaw be prepared to repeal The Penticton Cemetery Regulations Bylaw #4189 and replace with The Corporation of the City of Penticton Cemetery Management Bylaw be endorsed as shown on Attachment A to the said Report; AND THAT that a Cemetery Capital Reserve Fund be established, whereby the proceeds and interest will be used for the purchase and development of land for cemetery purposes in the future; AND THAT a Cemetery Capital Reserve Fund bylaw be prepared; AND FURTHER THAT a Fees and Charges bylaw be prepared to amend the Fees and Charges Bylaw 2000-25 as shown on Attachment B to the said Report. 2010 Trustee Appointments to Library Board Formatted: Underline 6
126/2010 THAT the Council Report dated February 1, 2010 regarding the 2010 Trustee Appointments to the Library Board be received; AND THAT the following persons be appointed as Trustees to the Library Board for a two year term ending December 31, 2012: Ann Avdovich Eileen Brent Zoe Magnus Tracy St. Claire 2010 Appointments to Committees Formatted: Bulleted + Level: 1 + Aligned at: 0.63 + Tab after: 1.27 + Indent at: 1.27 Formatted: Underline 127/2010 THAT the Council Report dated February 1, 2010 regarding the 2010 Appointments to Committees be received; AND THAT the following individuals be appointed to the Advisory Committees for the term ending December 31, 2010 as outlined below: 1. AGRICULTURE ADVISORY COMMITTEE ( 7 ) Councillor Garry Litke Fritz Hollenbach, Member at Large Rod Hollett, Member at Large Darshan Jassar, Member at Large Allan Garland, Member at Large Rod King, Member at Large Gerry Smithson, Member at Large Steve Boultbee, Member at Large 2. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE ( 9 ) Councillor Dan Albas Hilma Labelle, Member at Large James Palanio, Member at Large Daryl Meyers, Member at Large James Ludvigson, Member at Large Daryl Clarke, Member at Large Gus Boersma, Member at Large Kelly Smith, Member at Large Neetu Garcha, Student Representative 3. DEVELOPMENT SERVICES ADVISORY COMMITTEE (9) Mayor Ashton & Councillor Albas George Little, PIDA Representative Jim Forsyth, Member at Large John Cain, Member at Large Chuck Edwards, Member at Large Allen Lehr, Member at Large Jim Morrison, Development Community Representative Matthew Hay, Canadian Home Builders Assoc. Representative Michelle Price, Canadian Home Builders Assoc. Representative Cal Meiklejohn, Chamber of Commerce Representative 4. DOWNTOWN ENHANCEMENT ADVISORY COMMITTEE ( 7 ) Councillor Jakubeit Chris Browne, Member at Large Nick Bevanda, Member at Large Erwin Ploner, Member at Large Jeanette Beaven, Front Street BIA Representative Daryl Clarke, Member at Large Claire Daniels, Chamber of Commerce Representative 5. EMERGENCY/PROTECTIVE SERVICES ADVISORY COMMITTEE ( 9 ) Formatted: No underline Formatted: Indent: Left: 0.63 7
Councillor Jakubeit Insp.. Brad Haugli, RCMP Representative Anna McIvor, Emergency Social Services Representative John Hickling, School District 67 Representative Dale Kronebusch, RDOS Emergency Services Supervisor Rick McKelvey, Search & Rescue Representative Cindy Smith, Search & Rescue Representative Scott Shearer, Interior Health Representative Rick Treby, BC Ambulance Representative 6. HERITAGE, THE ARTS & CULTURE ADVISORY COMMITTEE ( 9 ) Councillor Judy Sentes Barb Haynes, Member at Large Tom Beardsley, Member of the Museum Gordon Kerr, Member at Large Nywyn Jefferson, Okanagan School of the Arts Representative Bob Gwilliam, Penticton & District Community Arts Council Rep. Sandra Henderson, Penticton Art Gallery Rep. Kena Cumming-Cormier, Member at Large Elizabeth Lupton, Member at Large Glen Cairns, Member at Large 7. OKANAGAN WATERFRONT ENHANCEMENT COMMITTEE (9) Councillor Pearce & Councillor Jakubeit Jason Cox, Member at Large Cheryl Watts, Member at Large Jim Forsyth, Member at Large Joni Cutler, Member at Large John Cain, Member at Large Bob Henderson, Member at Large Janice Cunsolo, (Penticton Tennis Club) Wayne Lebedow, (Penticton Marina Club) Shawn Brown, (Penticton Yacht Club) 8. PARKS & RECREATION ADVISORY COMMITTEE ( 9 ) Councillor Judy Sentes Tony Patrocinio, Member at Large James Palanio, Member at Large Sandy Ross, Member at Large Rick McKelvey, Member at Large Barb Haynes, Member at Large Larry Little, Member at Large Alan Profili, Member at Large Jason Metcalfe, Member at Large Bruce Millington, Member at Large 9. SENIORS ADVISORY COMMITTEE ( 7 ) Councillor John Vassilaki Bill Slessor, Member at Large Cate Redden, Member at Large Bob Henderson, Member at Large Dale Thomson, Member at Large Bea Dunkley, Member at Large Bob Gwilliam, Seniors Wellness Centre Rep. The City of Penticton Cemetery Management Bylaw 2010-15/2010 THAT Bylaw 2010- being The City of Penticton Cemetery Management Bylaw be introduced, read for the first, second and third time. 8
Cemetery Capital Reserve Fund Bylaw 2010-16/2010 THAT Bylaw 2010- being a bylaw to establish The Cemetery Capital Reserve Fund for the purpose of the purchase and development of land for cemetery purposes be introduced, read for the first, second and third time. Fees and Charges Bylaw 2010- - Schedule D2-Cemetery 17/2010 THAT Bylaw 2010- being a bylaw to amend the Fees and Charges Bylaw 2000-25, Schedule D2 as shown on Attachment B to the said Report be introduced, read for the first, second and third time. LAND USE (Bylaws and Permits) 697 Pineview Road and Adjacent Roads Zoning Amendment Bylaw 2010-03 18/2010128/201THAT Bylaw 2010-03 being a bylaw to rezone Lot A, District Lot 2710, SDYD, Plan KAP70957 located at 697 Pineview Road and adjacent roads from A (Agriculture) to RS2 (Single Family Residential) be read for the second and third time; AND THAT Bylaw 2010-03 be reconsidered, finally passed and adopted 2203 Dartmouth Drive Development Variance Permit Delegations & Submissions Nil 19/2010129/201THAT a Development Variance Permit be issued to Lot B, District Lot 3821S, SDYD, Plan KAP79585 located at 2203 Dartmouth Drive to vary Zoning Bylaw 87-65, Section 19, Table I, to reduce the required west side setback from 5.0m (16.40ft.) to 0.6m (0.19ft.) to facilitate the construction of Phase 2 of a two phased service commercial strata development. Councillor Pearce declared an interest in the next order of business and left Council Chambers at this time - 7:30 p.m. Reason cited Client. 796, 800, & 804 Government Street Development Variance Permit Delegations & Submissions - Nil, No underline, No underline 20/2010130/201THAT a Development Variance Permit be issued to Lots A, B, and C, District Lot 249, SDYD, Plan KAP90233 located at 796, 800, & 804 Government tostreet to vary Zoning Bylaw 87-65, Section 36 g) Conditions of Use Maximum Height, to increase maximum building height from 7.5m (24.6ft.) to 8.5m (27.9ft.). Councillor Pearce returned at this time 7:33 114 Spruce Place Section 72 Community Charter Formatted: No underline, No underline, No underline 9
21/2010131/201THAT the Council Report dated February 1, 2010 regarding 114 Spruce Place, Section 72 be received; AND THAT WHEREAS The Corporation of the City of Penticton (the City ) has been advised in writing by a Golder and Associates Geotechnical Engineer retained by the City that: Formatted: Not Highlight, Not Highlight Based on current review and previous knowledge of the site, it is our opinion that potential instability of the silt slopes due to uncontrolled discharge of water from the broken pipe poses an imminent danger to public safety. The magnitude of the failure is difficult to predict but could be of sufficient size that South Main Drive could be impacted by the lock blocks as well as by the silt debris. As such, it is recommended that the water collected in the driveway catch basin be either pumped up to the city s sanitary storm sewer or hard piped down to the toe of the overall slope. As this uncontrolled discharge of water poses a danger to public safety we recommend that this work be carried out as soon as possible. Further to the forgoing, as recommended in our previous report, the retaining wall and any future swimming pool (if ever constructed) still have not been proven safe from a geotechnical perspective in the long term. Safe is defined as a probability of an event occurring 10% of the time in a time frame of fifty years (an annual probability of occurrence of 1 / 500). The owners of this property should either take steps to remove this wall or prove that it meets the definition of safe. In the interim the undermined area of the retaining wall should be infilled with compacted sand and gravel to reduce the immediate hazard of having an undermined area of the retaining structure. Additionally, the sink holes which are located beside a well traveled footpath should be infilled by the owner as they pose a hazard to individuals crossing the property NOW THEREFORE the Municipal Council of The Corporation of the City of Penticton, in an open meeting, hereby resolves as follows: That pursuant to Section 73 of the Community Charter and in reliance on the recommendations of the Golder and Associates Geotechnical Engineer, Council considers the drainage on the west slope of 114 Spruce Place, the retaining wall and the sink hole to be a hazard and imposes that the following remedial action be completed within the time frames specified below: 1. The owner of 114 Spruce Place must engage, at their cost, an Engineer to design and a contractor to construct a system to move the water from the driveway catch basin located on 114 Spruce Place to the storm sewer on Spruce Place or hard pipe the water down the slope to the South Main Storm Sewer and abandon and decommission the existing piped system that runs from the catch basin to the west side of the property., Italic, Not Highlight, Not Highlight, Not Highlight Upon completion of the work a report from a Geotechnical Engineer must be submitted stating that the work has been completed and the hazard created by the uncontrolled discharge from the broken pipe has been satisfactorily addressed. The work is to be completed within 60 days of passage of the Council Resolution (April 3, 2010).., Not Highlight 2. Remove the retaining wall at the rear of the property and re-grade the material to create a suitable stable slope as indicated by a 10
Geotechnical Engineer OR Upon submission of a report from a Geotechnical Engineer indicating that the wall is safe, probability of an event occurring 10% of the time in a time frame of fifty years, annual probability of occurrence of 1 / 500, leave the wall in place. The work is to be completed within 30 days of passage of the Council Resolution (March 3, 2010).. Formatted: Indent: Hanging: 0.02, Not Highlight 3. Should the retaining wall remain infill the undermined areas of the wall with compacted sand and gravel. The work is to be completed within 60 days of passage of the Council Resolution (April 3, 2010).. 4. Infill the sinkhole at the rear of the property with lean mix concrete. The work is to be completed within 30 days of passage of the Council Resolution (March 3, 2010).. Failure to complete the remedial action requirements by the said dates may result in the City taking action in accordance with Section 17 of the Community Charter at the expense of the property owner. 114 Spruce Place Section 57 Notice on Title 114 Spruce Place 22/2010132/201THAT the Council Report dated February 1, 2010 regarding 114 Spruce Place Section 57 Notice on Title under the Community Charter be received; AND THAT Council will be consideringconsideration regarding placing the passage of a resolution to place a Notice on Title of Lot 2, District Lot 190, SDYD, Plan 28130, located at 114 Spruce Place under Section 57 of the Community Charter with respect to contraventions of the City of Penticton Building Bylaw 94-45 and Zoning Bylaw 87-65, and that further information may be inspected at the municipal hall be endorsed;; AND THAT the owner and receiver be notified of the proposed Notice on Title report and be given an opportunity to speak to the matter at the February 15, 2010 Council meeting. Formatted: Indent: Left: 0.13, First line: 0, Not Highlight Formatted: Indent: Hanging: 0.02, Not Highlight, Italic, Not Highlight, Not Highlight Formatted: Not Highlight Formatted: Tab stops: 8.33, Left Formatted: Font: Italic Formatted: Font: Not Bold 1410 Columbia Street - Strata Conversion 23/2010133/201THAT the Council Report dated February 1, 2010 regarding 1410 Columbia Street Strata Conversion, 1410 Columbia Street be received; AND THAT the strata conversion of the existing duplex respecting Lot 1, District Lot 2710, SDYD, Plan 17354 located at 1410 Columbia Street be supported and subject to the following: 11
Receipt of a report from a qualified professional stating that the building substantially complies with the B.C. Building Code referred to in the Building Regulations of British Columbia prior to January 31, 2012.; Registration of a restrictive covenant in favour of the City of Penticton restricting the use of the property to a duplex. IS THERE A DEADLINE? Formatted: Indent: Left: 0.98, Tab stops: 1.62, List tab Formatted: Indent: Left: 0.98, Hanging: 0.63, Bulleted + Level: 1 + Aligned at: 1.9 + Tab after: 2.54 + Indent at: 3.17, Tab stops: 1.62, List tab + Not at 2.54 134/2010 THAT a restrictive covenant in favour of the City of Penticton restricting the use of the property to a duplex at 1410 Columbia Street be endorsed. DEFEATED Mayor Ashton and Councillors Albas, Jakubeit, Pearce, Sentes and Vassilaki against. RECORD OF CORRESPONDENCE Record of Correspondence 24/2010135/201THAT the Record of Correspondence dated Monday, February 1, 2010 be received for information. Formatted: Font: (Default) Arial Formatted: Header Formatted: Font: (Default) Arial Formatted: Normal, Justified, Indent: Left: 0, First line: 0 Formatted: Font: (Default) Arial COMMITTEE REPORTS BC Climate Action Charter Compliance Committee Minutes of January 19, 2010 25/2010136/201THAT the BC Climate Action Charter Compliance Committee minutes of January 19, 2010 be received for information. 2010 Appointments to Committees S/B IN CAMERA 26/2010 THAT the Council Report dated February 1, 2010 regarding 2010 Appointments to Committees be received; Formatted: Not Highlight AND THAT the following individuals be appointed to the Advisory Committees for the term ending December 31, 2010 as outlined below; 1.AGRICULTURE ADVISORY COMMITTEE ( 7 ) Councillor Garry Litke Fritz Hollenbach, Member at Large Rod Hollett, Member at Large Darshan Jassar, Member at Large Allan Garland, Member at Large Rod King, Member at Large Gerry Smithson, Member at Large Steve Boultbee, Member at Large 2.COMMUNITY DEVELOPMENT ADVISORY COMMITTEE ( 9 ) Councillor Dan Albas Hilma Labelle, Member at Large James Palanio, Member at Large Daryl Meyers, Member at Large James Ludvigson, Member at Large Daryl Clarke, Member at Large Gus Boersma, Member at Large Kelly Smith, Member at Large 12
Neetu Garcha, Student Representative 3.DEVELOPMENT SERVICES ADVISORY COMMITTEE (9) Mayor Ashton & Councillor Albas George Little, PIDA Representative Jim Forsyth, Member at Large John Cain, Member at Large Chuck Edwards, Member at Large Allen Lehr, Member at Large Jim Morrison, Development Community Representative Matthew Hay, Cdn. Home Builders Assoc. Representative Michelle Price, Cdn. Home Builders Assoc. Representative Cal Meiklejohn, Chamber of Commerce Representative 4.DOWNTOWN ENHANCEMENT ADVISORY COMMITTEE ( 7 ) Councillor Jakubeit Chris Browne, Member at Large Nick Bevanda, Member at Large Erwin Ploner, Member at Large Jeanette Beaven, Front Street BIA Representative Daryl Clarke, Member at Large Claire Daniels, Chamber of Commerce Representative 5.EMERGENCY/PROTECTIVE SER. ADVISORY COMMITTEE (9 ) Councillor Jakubeit Insp. Brad Haugli, RCMP Representative Anna McIvor, Emergency Social Services Representative John Hickling, School District 67 Representative Dale Kronebusch, RDOS Emergency Services Supervisor Rick McKelvey, Search & Rescue Representative Cindy Smith, Search & Rescue Representative Scott Shearer, Interior Health Representative Rick Treby, BC Ambulance Representative 6.HERITAGE, THE ARTS & CULTURE ADVISORY COMMITTEE ( 9 ) Councillor Judy Sentes Barb Haynes, Member at Large Tom Beardsley, Member of the Museum Gordon Kerr, Member at Large Nywyn Jefferson, Okanagan School of the Arts Representative Bob Gwilliam, Penticton & District Community Arts Council Rep. Sandra Henderson, Penticton Art Gallery Rep. Kena Cumming-Cormier, Member at Large Elizabeth Lupton, Member at Large Glen Cairns, Member at Large 7.OKANAGAN WATERFRONT ENHANCEMENT COMMITTEE (9) Councillor Pearce & Councillor Jakubeit Jason Cox, Member at Large Cheryl Watts, Member at Large Jim Forsyth, Member at Large Joni Cutler, Member at Large John Cain, Member at Large Bob Henderson, Member at Large Janice Cunsolo, (Penticton Tennis Club) Wayne Lebedow, (Penticton Marina Club) Shawn Brown, (Penticton Yacht Club) 8.PARKS & RECREATION ADVISORY COMMITTEE ( 9 ) Councillor Judy Sentes Tony Patrocinio, Member at Large James Palanio, Member at Large Sandy Ross, Member at Large Rick McKelvey, Member at Large Barb Haynes, Member at Large Larry Little, Member at Large 13
Alan Profili, Member at Large Jason Metcalfe, Member at Large Bruce Millington, Member at Large 9.SENIORS ADVISORY COMMITTEE ( 7 ) Councillor John Vassilaki Bill Slessor, Member at Large Cate Redden, Member at Large Bob Henderson, Member at Large Dale Thomson, Member at Large Bea Dunkley, Member at Large Bob Gwilliam, Seniors Wellness Centre Rep. COUNCIL LIAISON, INTER AGENCY & ADVISORY COMMITTEE REPORTS Council members were afforded an opportunity to report on activities and actions. COUNCIL INFORMATION REPORTS: Council members were afforded an opportunity to report on activities and actions. MEDIA AND PUBLIC QUESTION PERIOD: The media and the public were afforded an opportunity to ask questions of Council. ADJOURNMENT 27/2010137/201THAT the Regular council meeting held on Monday, February 1, 2010 be closed at 8:20 p.m. CERTIFIED CORRECT: CONFIRMED: Cathy Ingram, CMC Manager of Legislative Services/City Clerk Dan Ashton Mayor 14