Regular Council Meeting June 8, 2009 June 10, 2009
Posted by admin in : Fernie , add a comment1) Development Variance Permits
Development Variance Permit No. 219 was approved for 661- 3rd Avenue to legalize the siting of the existing principal building and to vary the maximum projection into the required minimum front yard setback to facilitate the construction of an L-shaped sundeck with recessed steps.
Development Variance Permit No. 223 was approved for 1191 8th Avenue to legalize the siting of the existing single detached dwelling and to vary the maximum side yard projections to facilitate the construction of a front entrance addition with covered landing and steps as well a rear addition to the dwelling.
Development Variance Permit No. 224 was approved for 922 10th Avenue to legalize the siting of the existing dwelling to facilitate the reconstruction and enclosure of a front addition and to vary the maximum projection into the front yard to facilitate the construction of an open porch and steps on the existing single detached dwelling.
Development Variance Permit No. 225 was approved for 662 4th Avenue to legalize the siting of the existing principle building to facilitate the construction of a rear two-storey addition to the existing single detached dwelling.
Development Variance Permit No. 229 was approved for 702 9th Avenue to vary the maximum open porch and eave projections into the required minimum front yard in order to facilitate the construction of a covered open porch including steps and deck.
2) Aquatic Centre Chlorination
In December 2008 a consultative report was commissioned and completed by ‘Service Plan Aquatics”. The purpose of the report was to assess the current mechanical systems including the ‘filtration, water and air handling” with the goal to improve the current water and air quality at the Aquatic Centre.
Council authorized staff to prepare an amendment to the 2009-2013 Financial Plan Bylaw to include an allocation of no more than $20,000 from the Recreation Facility Reserve Fund for the Aquatic Centre Chlorination upgrade. The 2008 Capital Budget had previously allocated $20,000 towards changing the method of Chlorination at the pool. Total cost of the automated system, including labour is estimated at $40,000 which includes one full year of remote monitoring.
Upgrading the current system means the Aquatic Centre would be operating using the most current technology available for commercial pools and would serve the pool well into the future.
3) Recreation Infrastructure Canada Program
In response to the City’s commitment to reduce greenhouse gas emissions, the Leisure Services Department sought out the advice of Coral Engineering, a business that takes the lead on energy retrofits for large commercial buildings. Coral provided Council with a presentation on their proposal for an energy efficiency retrofit for the Aquatic Centre that they claim will result in a significant reduction to natural gas consumption in the facility and a corresponding reduction to utility costs.
A portion of the funding for this project is proposed to come from an already budgeted allotment from the Federal Gas Tax Transfer Reserve. Council resolved to support a grant application for the balance funds.
4) Bylaws
Bylaw No. 2099 cited as the Unsightly Property Prevention Bylaw Amendment Bylaw No. 2, 2009 was adopted.
This bylaw provides that the authority of a council may be exercised in relation to “nuisances, disturbances and other objectionable situations” including subsection (k) graffiti and unsightly conditions to property.”
Bylaw No. 2101 cited as the Leisure Services User Regulation and Fees Bylaw no. 2056, Amendment Bylaw No. 1 was adopted.
This Bylaw deals with Non-Residents and Residents and Facility Admittance Rates for each group.
5) James White Park – Fernie Minor Baseball
With the increased interest in Youth Baseball this year the City of Fernie will be reverting the existing dog park located at the James White Park baseball diamond back into use as a ball field for the balance of the 2009 season.
For the balance of the 2009 baseball season this area will NO longer be used as an off leash area so please ensure your dogs are on leash!
Regular Council Meeting - April 14th, 2009 April 21, 2009
Posted by admin in : Fernie , add a comment1) Councillor Macnair Recognized for RDEK Service
Mayor Corrigan presented Councillor Macnair with a commemorative clock on behalf of the Regional District of East Kootenay in recognition of his past service on the Board and the Boards of the East Kootenay and Kootenay East Regional Hospital Districts.
2) New Director of Corporate Administration Services
Council welcomed Ms. Lisa Talavia-Spencer to the City of Fernie. Ms. Talavia, as she typically goes by, joins the City after having been the Community Literacy Coordinator for the Elk Valley. Prior to relocating to Fernie, Ms. Talavia worked for the City of Edmonton in Corporate Services, Parks and Recreation and Community Services departments and as a teacher in Northern Alberta.
3) Development Variance Permit No. DVP-218
A hearing was convened to gather submissions from the public regarding Development Variance Permit No. DVP-218. The proponent’s current application is to legalize the siting of the existing single detached dwelling, located at 1541 – 11th Avenue, vary the minimum front yard setback to facilitate the construction of a second story to the existing house, and construct a carport and an enclosed 3.20 metre x 8.92 metre addition to the existing dwelling.
No submissions were presented and the hearing was closed.
Council approved the issuance of Development Variance Permit No. DVP-218.
3) Wastewater Treatment Plant Expansion - Partial Mix 1 Aeration Contract
City Council authorized the expenditure of $210,493.50 and directed the Director of Operational Services to execute the contract with Nelson Environmental Inc. to design and construct the Aeration Equipment within Partial Mix Cell 1 for the Sewage Treatment Plant Expansion.
4) Elk River Gravel Extraction – Building Canada Fund Application
Council resolved to support the application for funding under the Building Canada Fund for the Elk River Gravel Extraction project. As part of the City’s ongoing efforts to minimize risk of flooding, an application to the Flood Protection Program though Emergency Management BC will be submitted requesting $226,300.
The funds would be used to remove gravel from the gravel sheet immediately upstream of the North Bridge to improve channel alignment though the bridge reducing the risk of scour, debris jams and increased flood levels. Additional work extracting gravel further upstream on the Elk River and downstream of the confluence of the Elk River and Coal Creek is recommended to help sites suffering from bank erosion.
If the application is approved, the City’s contribution under this program is 10% or $22,630. Funding would be made available through the City’s Street Reserve as the gravels extracted would likely be used in future road construction projects.
5) James White Well – NW Reservoir – Building Canada Fund Application Gets Approval
The City received official confirmation that its application for funding of the NW Reservoir / James White Well was approved.
The City will receive a maximum federal/provincial contribution of $4,830,480.00. Council received this item for information and agreed to send letters of thanks to the Ministry of Transportation and Infrastructure, the Ministry of Community Development, Western Economic Diversification, Honourable Jim Abbott, MP and Honourable Bill Bennet, MLA.
6) Heritage Hydro Building gets Starring Role in Upcoming Movie
Council recommended that a sublease of the Heritage Hydro Building (491 2nd Ave) be granted to Hot Tub Films Inc. for the period of April 14, 2009 until May 22, 2009 and that non-structural interior modifications to the building be approved subject to the Historical Society or Hot Tub Films Inc. obtaining any and all necessary licenses or permits for the work.
The internal renovations being done as part of filming requirements align with the long term goals of the Historical Society and will contribute positively to the restoration of this historic building.
7) Portion of Wood Stove Exchange Funds released to support high need in rural areas
Mayor and Council received a request from Wildsight Kimberly / Cranbrook Branch asking that Council consider releasing some of the provincial funds (5 rebates of $250.00) if interest in Fernie does not increase significantly so rebates can be used in rural areas of the Regional District of East Kootenay, where demand remains strong.
Council approved releasing provincial funds (5 rebates of $250.00 each) for use by rural areas.
Thirteen $250.00 rebates are still available to Fernie residents. This amount is further topped up by the City of Fernie which contributes $100 and a free wood chimney inspection fee (valued at $40.00). For more information please contact:
Ashley Graham – Elk Valley Coordinator
Phone: (250) 423-6122
Email: ashley@wildsight.ca
8) Council Supports Creation of Provincial Beverage Container Management Board (BCMB).
The BC Bottle Depot Association sent an open letter to all BC Municipal Councils identifying concerns with the recycling industry, specifically Used Beverage Container and Electronics Stewardship Program and the voluntary milk program. Concerns regarding these programs centre on monies collected though un-redeemed deposits, eco fees and advance disposal fees. Council agreed concerns were valid and agreed to write a letter of support urging the Ministry of Environment to create a BCMB to oversee monies collected through these recycling programs.
9) Nature Club Offers to Clean Up Wetland Area
Council accepted the Fernie Nature Club’s offer, made by Bob Livsey and subject to official approval from the Nature Club Board, to clean up the wetland area adjacent to the main sewage lift station. Council directed staff to contact the club to arrange for the clean up and to thank the club for their generous offer.
10) Council to Recognize National Day of Mourning
Council moved that the City of Fernie recognize and participate in the National Day of Mourning on April 28, 2009 in recognition of workers killed or injured on the job.
11) Bylaws:
Bylaw No. 2095, cited as 2009 – 2013 Financial Plan Bylaw No. 2095 was granted first three readings. This Bylaw sets out the City’s proposed expenditures, funding sources and transfers to or between funds for the period January 1, 2009 to December 31, 2013 and is the culmination of a budget process that began in the fall of 2008. The budget amounts that are summarized in the Bylaw are the result of a consultative process that sought the input of the public, elected officials and city staff and include capital expenditures of $24.7 million which comprises 30% of planned expenditures. The aggressive capital component of the Financial Plan addresses the infrastructure improvements that were identified through the budget process as priorities in the 2009 – 2013 planning period and the budgeted operating expenditures have been set to maintain and in some areas improve the level of service provided by the City of Fernie to its citizens.
The recent downturn in the economy resulted in substantial reductions to previously budgeted revenue estimates with building permit fees and tax on new construction being the funding sources receiving the largest downward adjustments.
Bylaw No. 2096, cited as 2009 Tax Rates Bylaw No. 2096 was granted first three readings. This Bylaw establishes tax rates for the municipal revenue proposed to be raised for the year from property value taxes and the amounts to be collected for the year in relation to the Regional District of East Kootenay and the East Kootenay and Kootenay East Regional Hospital Districts requisitions.
Property tax is the City’s primary source of funds and its most stable and consistent form of revenue. The annual budget process is the mechanism for determining the revenue requirements and resource allocation decisions that ultimately decide the municipal tax rates.
Despite significant reductions to previous revenue projections as a result of the slowdown in the economy, the increase to the municipal tax rate in 2009 has been maintained at the previously forecast level of 3.8% which will raise an additional $134,674 in tax revenue and result in municipal tax collections of approximately $1,114 (before claiming the Home Owner Grant, if applicable) on the average single family residential dwelling. This revenue combined with additional tax collections resulting from assessment on new construction that occurred in 2008 will be used to offset increased operating costs resulting from inflation, negotiated wage increases and increasing commodity prices and will allow for additional contributions to reserves that will be used to fund upgrades to capital infrastructure.
It is the objective of Council when setting municipal tax rates to maintain a fair, equitable and stable level of tax collection and at the same time continue to provide a high level of quality services to the taxpayer.
Public Hearings* and Meeting Notices
Meeting Notice
Financial Plan Meeting
6:00pm on Monday, April 27th, 2009 in Council Chambers.
The purpose of this meeting is to receive written or verbal submissions respecting the Financial Plan for the City of Fernie for the Five Year period from January 1, 2009 – December 31, 2013.
To view the Financial Plan please visit City Hall or the City of Fernie website www.fernie.ca
Public Hearings
A Public Hearing will be held at 6:00pm on Monday, April 27, 2009 in the Council Chambers, in City Hall, 501-3rd Avenue, Fernie, BC to receive written and verbal submissions respecting the following Bylaw:
Bylaw No. 2090, cited as Zoning Bylaw 1750, Amendment Bylaw No. 91, 2009
Applicant: City of Fernie
Location: Citywide
A Public Hearing will be held at 6:00pm on Tuesday, April 28, 2009 in the Council Chambers, in City Hall, 501-3rd Avenue, Fernie, BC to receive written and verbal submissions respecting the following Bylaws:
Bylaw No. 2025, cited as Official Community Plan Bylaw No. 1923, Amendment Bylaw No. 9, 2005
Applicant: Bulova Resort Developments
Location: Property located at or near 190 Whitetail Drive
Bylaw No. 2083, cited as Zoning Bylaw 1750, Amendment Bylaw No. 87, 2008
Applicant: Abugov Kaspar, Bruce Abugov
Location: Property located at or near 190 Whitetail Drive
*Please note: The preceding information is provided for convenience and is not intended to replace legal notices of pubic hearings.
For complete details regarding the above listed Public Hearings please:
1. Visit the City of Fernie website at www.fernie.ca or
2. See posted notices at City Hall or the bulletin board located at 492 – 3rd Avenue (across the street from the Post Office).
Regular Council Meeting - March 23, 09 March 27, 2009
Posted by admin in : Fernie , add a comment1) Highway #3 Coalition Committee
The Regional District of Okanagan Similkameen is contacting communities on Highway 3 to re-instate the Highway 3 Coalition Committee. The purpose of the committee is to discuss issues of common interest respecting the Highway 3 corridor from Hope through to the BC/Alberta Border.
Council moved to support re-instating the Committee.
2) Bylaws:
Bylaw No. 2056, cited as Leisure Services User Regulation and Fees Bylaw No. 2056 a bylaw to establish regulations and fees for the arena, community centre, curling club, aquatic centre, Max Turyk School and fields and parks was adopted.
This Bylaw will bring into effect a 15% increase to the admittance rates at City Facilities
Bylaw No. 2025, Amendment Bylaw No. 9, 2005
Applicant: Bulova Resort Developments (Fernie) Inc. Cadence Lodge, 190 Whitetail Drive.
This Bylaw proposes to amend the Official Community Plan Bylaw No. 1923 as follows:
➢ Schedule “B” the Future Land Use Map attached to the Official Community Plan Bylaw No. 1923 is hereby amended by deleting the designation of Natural Open Space for the portion of Lot 1 District Lot 4589 Kootenay District Plan NEP64864 (except Plans NEP65011 and NEP66454) and a portion of Lot A, District Lot 4589 Kootenay District Plan NEP62408 as shown outlined in black line and cross-hatched on the plan attached to and forming part hereof and referred to as Schedule “A”, and replacing with the designation of Residential Mixed Density.
Council rescinded second reading of Bylaw No. 2025; and
Granted Second Reading and amended Bylaw No. 2025 at second reading by: deleting “Transportation and Utility Corridor” found under Section 2, and replacing with “Natural Open Space” and deleting“ Transportation and Utility Corridor” found under Schedule “A” and replacing with “Natural Open Space”.
Bylaw No. 2062, cited as Official Community Plan Bylaw No. 1923, Amendment Bylaw No. 13, 2009.
The City has commissioned a study of affordable and attainable housing, and the Council wishes to amend the Official Community Plan to implement certain aspects of the affordable and attainable housing strategy recommenced by its study consultant.
Council gave first reading and granted authorization to staff to hold an open house to provide an opportunity for consultation for persons, organizations and authorities interested in the proposed Bylaw
3) Appointment of Director of Corporate Administration Services
Council appointed Ms. Lisa Talavia-Spencer as the Director of Corporate Administration Services effective April 14, 2009 and further, that Ms. Talavia-Spencer be appointed the Emergency Program Coordinator for the City of Fernie.
Public Hearing Notice
A Public Hearing will be held at 6:00 p.m. on Tuesday, April 7, 2009 in the Council Chambers, in City Hall, 501-3rd Avenue, Fernie BC to receive written and verbal submissions respecting the following Bylaws:
Bylaw No. 2025 cited as Official Community Plan Bylaw No. 1923, Amendment Bylaw No. 9, 2005
Applicant: Bulova Resort Developments.
Bylaw No. 2083 cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 87, 2008
Applicant: Abugov Kaspar, Bruce Abugov.
Bylaw No. 2088 cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 90, 2009
Applicant: Mike Stefano (845 4th Street)
Regular Council Meeting - March 9, 09 March 12, 2009
Posted by admin in : Fernie , add a comment1) Elk Valley Detachment RCMP – Quarterly Report
Corporal Andy Veltmeyer with the Elk Valley Detachment of the RCMP was in attendance to provide an overview of activities in the 4th Quarter of 2008. Cpl. Veltmeyer noted that the detachment was operating with full staff and further, there has been no big increase in crime over the last reporting period.
2) Downtown Visitor Information Centre Partnering Agreement with the Fernie Chamber of Commerce
Council approved the above noted Agreement and authorized the Mayor and Clerk to execute the partnership agreement for the provision of municipal services for the operation of a visitor information center at 362B-2nd Avenue and 491-2nd Avenue from March 1, 2009 to December 31, 2009 for the sum of $30,250.00 plus GST if applicable.
3) Strategic Community Investment Fund Agreement
Council authorized the Director of Financial and Computer Services to sign the Strategic Community Investment Funds Agreement. (SCI). In an effort to stimulate the local economy, encourage growth, create local jobs and to
help offset the effects of the economic downturn the Province is restructuring key local government transfers to provide (SCI Funds) over the next two years. The SCI Funds will temporarily replace the annual payments of the Small Community Grant for the 2009/10 and 2010/11 fiscal years. The City’s preliminary 2009/13 Financial Plan anticipates receiving $500,000 from the Small Community Grant Program into general revenue in each year for the planning period. The SCI Funds Agreement makes the budgeted amounts in 2009 and 2010 available to the City earlier, with the majority of those two years’ revenues being received in 2009.
4) Request from Teck Coal Limited and the District of Sparwood to refund taxes paid to the provincial government from local government revenues.
Council agreed to petition the Provincial Government to refund 2008 taxes paid by Teck Coal Limited in the amount of $51,665 on expansion properties that were agreed to be included in the municipal boundaries of the Districts of Sparwood and Elkford last year.
5) Joint Purchase of Arena Flooring
Council received the February 27, 2009 letter from the District of Sparwood regarding a proposal for a joint purchase of an arena ice cover that would enable our communities to make use of our arenas as multi-purpose facilities during their ‘ice’ seasons. Council referred the letter to staff for a report to come back for council’s consideration.
6) Bylaws:
Bylaw No. 2056 cited as the Leisure Services User Regulation and Fees Bylaw No. 2056 was amended at third reading. If adopted, the Bylaw would bring into effect a 15% increase to the admittance rates at City Facilities. It was noted that the last fee increase was in 2004. The Bylaw also establishes rental rates for the newly acquired Max Turyk School property. The Bylaw will come back to Council for consideration of adoption at the March 23 Regular Meeting.
Bylaw No. 2083 (Whitetail and Slalom Drives) cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 87, 2008, applicant Abugov Kaspar, Bruce Abugov, was amended to remove ‘Tourist Commercial’ use from the list of permitted uses in the proposed CD-3 (Comprehensive Development Three) zoning district and reduce the height of proposed Building 5A from three stories to two stories in an effort to address the height issues and view concerns raised by the residents of Castle Mountain Villas.
Bylaw No. 2083 was read a second time as amended and referred to a Public Hearing.
Bylaw No. 2088, cited as Zoning Bylaw 1750, Amendment Bylaw No. 90, 2009 for 845-4th Street to rezone the property from R3-Medium Density Residential to R1B – Single Detached Plus Residential was given first and second reading and referred to a public hearing.
Bylaw No. 2091 cited as Elk Valley Property Tax Sharing Agreement Authorization Bylaw No. 2066, 2008, Amendment No. 1, 2009 was adopted.
The Bylaw amends the Elk Valley Property Tax Sharing Agreement. The Agreement contemplates the addition and deletion of coal mining properties and the Districts of Elkford and Sparwood have identified Additional Properties for inclusion in their respective boundaries and the Agreement. The Agreement Amendment Bylaw includes those properties therein upon approval of boundary expansions by the Province and introduces a new clause that provisions for “transition properties” and authorizes the repayment of any revenues remitted by the Surveyor of Taxes for taxes collected on transition properties to the Parties to the Agreement to the owner of any such properties if those properties were identified for inclusion in a municipal boundary in the previous year and a boundary extension was not complete by December 31 in that previous year.
Regular Council Meeting - Feb 23rd, 09 February 25, 2009
Posted by admin in : Fernie , add a comment1) Fire and Rescue Services Strategic Plan 2009-2018.
Mr. Rick Taylor, Results Management Services, and Chief Ivany were in attendance to provide an overview of the recently completed Fire and Rescue Services Strategic Plan 2009-2018. The purpose of the plan is to provide a goal oriented framework for the cost effective and efficient provision of fire and rescue services to the City of Fernie and contracted portions of the RDEK.
Council received the report and directed staff to review the recommendations put forward and report back to Council on the operational and financial implications of putting the recommendations into practice.
2) LGMA BC Overseas Manager Exchange Program
Council authorized and approved an application by the Chief Administrative Officer for the 2009 LGMA BC Overseas Manager exchange Program. The program matches local government managers from BC and New Zealand for the purpose of skill development, competency and knowledge enhancement to add value to future job performance.
If chosen for the exchange the Chief Administrative Officer will be expected to host the exchange manager from New Zealand for two weeks early in June.
3) Fernie Destination Marketing
Council authorized the final payment ($50,000) of three year seed funding to the Fernie Destination Marketing Organization (Tourism Fernie). The City of Fernie supported and facilitated the creation of the Fernie DMO and used City Funds to defray associated expenses on the understanding that once formed the DMO would reimburse the City for those expenses.
The Fernie DMO has since re-branded itself as Tourism Fernie and will continue to be an important contributor to the future growth and development of Fernie’s Tourism economy.
4) Regional District of East Kootenay Bylaw No. 2146 a bylaw to amend Bylaw No. 829 cited as “Regional District of East Kootenay – Elk Valley Zoning Bylaw No. 829, 1990.
Bylaw No. 2146 proposes various text amendments to the RDEK Elk Valley Zoning Bylaw No. 829, 1990 by:
➢ Replacing the definitions of “single family dwelling” and secondary suite’ and adding new definitions for ‘garage’ and ‘total floor space’;
➢ Adding a new section to the general regulations citing provisions for the establishment of secondary suites; and
➢ Adding ‘secondary suites’ as accessory uses to each zone.
Zoning Bylaw No. 829 allows secondary suites within a single family dwelling in 11 residential zones; the proposed text amendments would enable land owners to either establish a secondary suite within a single family dwelling or within a detached garage.
Council recommended approval of the proposed bylaw amendments and further gave direction to staff to prepare a zoning amendment bylaw to Zoning Bylaw No. 1750 to update and standardize the regulations as per the proposed RDEK Bylaw No. 2146.
5) Canadian Avalanche Centre
Council received the letter from the Canadian Avalanche Centre requesting the City of Fernie to join the coalition to work towards preventing further tragedies. Council will forward the correspondence to School District # 5 and to Fernie Alpine Resort for their consideration. Staff will consider the request to join the coalition.
6) Elk Valley Property Tax Sharing Agreement Authorization Bylaw No. 2066, 2008, Amendment Bylaw No. 1, 2009
In 2008 the City of Fernie adopted Bylaw No. 2066 which authorized entering into a property tax sharing agreement with the Districts of Elkford and Sparwood and the RDEK (representing Electoral Area A) which determines the amount of revenue to be raised for each year of agreement from property value taxes on Elk Valley Mines, determines how the revenue is shared, and how those revenues will be used.
The Agreement contemplates the addition and deletion of coal mining properties and the Districts of Elkford and Sparwood have identified Additional Properties for inclusion in their respective boundaries and the Agreement. The Agreement Amendment introduces a new clause that provisions for “transition properties’ and authorizes the repayment of any revenues remitted by the Surveyor of Taxes for taxes collected on transition properties.
Council granted first three readings to the Bylaw and it will return to the March 9, 2009 meeting for consideration of adoption.
7) Bylaw No. 2090, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 91, 2009
Bylaw No. 2090 proposes to add Section 4.2.1.A R1SL – Single Family Residential Small Lot Zone to City of Fernie Zoning Bylaw No. 1750.
The intent of the proposed R1SL zone is to legalize existing small lot residential parcels concentrated in Maintown and the Annex that are typically 30 ft. x 120 ft.; 30 ft. x 90 ft.; 60 ft. x 60 ft., or 60 ft. x 45 ft. in dimension and therefore, do not meet the minimum parcel frontage and minimum parcel area requirements in R1 – Single Family Residential Zone.
Having zone regulations tailored to existing small lots will reduce the number of Development Variance application requests when landowners choose to redevelop their small lot in the future, as well existing legal non-conforming lots can be converted into legal conforming lots. It will also provide the opportunity to rezone existing larger residential lots that can be subdivided to create small lots for single family dwelling development.
Council approved first three readings followed by referral to a Public Hearing.
Water Smart Fernie – an educational campaign to reduce water consumption in Fernie.
Council endorsed the principle of a five year “Water Smart” campaign as a pilot in support of the City’s commitment to reduction of water consumption and referred the report submitted to the budget process to commit funds to initiate a “Water Smart” program through the City’s water fund.
Regular Council Meeting Feb. 9th, 09 February 13, 2009
Posted by admin in : Fernie , add a comment1) Early Childhood Development – Child Care Society
Trish Luke, Early Childhood Development Coordinator for Fernie, was in attendance and provided results of the recent “Kids Care” survey recently undertaken in the Elk Valley. The survey indicated that Fernie was in need of adequate childcare services.
Ronan MacCon, Chair of the Fernie Childcare Society, was in attendance and updated Council on their efforts to establish a licensed childcare facility in Fernie.
Mr. MacCon advised Council that the Childcare Society cannot afford to pay the lease rate proposed for space in the City’s Max Turyk School.
2) Partnering Agreement with the Fernie Chamber of Commerce for a Downtown Visitor Information Centre
Council authorized notice of its intention to provide assistance under the terms of a Partnering Agreement with the Fernie Chamber of Commerce for the provision of downtown visitor information services in the amount of $30,250 for the time period of March 1st, 2009 to December 31st, 2009.
The Partnership Agreement with the Fernie Chamber of Commerce will be brought forward to a future Council Meeting for approval.
3) Resort Municipality Tax Transfer Program – Five Year Resort Development Strategy
The City of Fernie will advise the Provincial Government that it wishes to participate in the British Columbia Resort Municipality Initiative and further, request the government to designate the City of Fernie and the portion of the East Kootenay Regional District Electoral Area A outlined in Schedule A to Regional District of East Kootenay – Additional Hotel Room Tax Bylaw No. 1909, 2006 a resort region under Section 6.8 of the Local Government Act
The Fernie and Area Resort Municipality Tax Transfer Program – Five Year Resort Development Strategy, dated February 4, 2009 was approved and the Chief Administrative Officer was authorized to enter into and sign a Results-Based Hotel Room Tax (Resorts) Transfer Agreement on behalf of the City of Fernie with the Provincial Government.
The Resort Development Strategy will provide funding of $2,000,000 over five years to finance new or improved resort infrastructure, amenities and services. The Strategy identifies the following projects for funding:
• Recreational trails;
• Cultural tourism and festivals;
• Downtown museum and visitor info centre;
• Tourism signage;
• Tourism incentives fund;
• Shuttle service;
• Elk River access improvements;
• Fernie Golf Course improvements; and
• The Fernie Gateway Project.
More information on the Resort Development Strategy can be obtained from Allan Chabot, CAO.
4) Bylaws
Bylaw No. 2089, cited as 2009 Revenue Anticipation Borrowing Bylaw was adopted. The Bylaw authorizes any required borrowing for municipal operations in advance of the receipt of annual property taxes.
Bylaw No. 2084, cited as the Official Community Plan Bylaw No. 1923, Amendment Bylaw No. 15, 2008 was amended. Council rescinded second reading of the bylaw and approved second reading as amended. A Public Hearing for this Bylaw will be held on Monday, March 2, 2009 at 7:00 p.m. in Council Chambers. The Bylaw relates to the proposed Coal Creek Golf Resort Community.
5) Bear Aware Program – Operating Grant
Council approved an operating grant of $7950 for 2009 for the Fernie Bear Aware Program and further, to include this amount in years 2010 -2013 of the City’s Financial Plan.
6) Martin Ridge Wind Energy Project
Council will be extending an invitation to representatives of Premier Energy to attend an upcoming Committee of the Whole Meeting to discuss the Martin Ridge Energy Project proposed near Fernie.
7) At the Committee of the Whole Meeting held earlier in the day the Committee authorized staff to prepare a bylaw for the proposed R1SL – Single Family Residential Small Lot Zone.
The intent of the proposed R1SL zone is to legalize existing small lot residential parcels concentrated in Maintown and the Annex that are typically 30 ft. x 120 ft.; 30 ft. x 90 ft.; 60 ft. x 60 ft., or 60 ft. x 45 ft. in dimension and therefore, do not meet the minimum parcel frontage and minimum parcel area requirements in R1 – Single Family Residential Zone.
Having zone regulations tailored to existing small lots will reduce the number of Development Variance application requests when landowners choose to redevelop their small lot in the future, as well existing legal non-conforming lots can be converted into legal conforming lots. It will also provide the opportunity to rezone existing larger residential lots that can be subdivided to create small lots for single family dwelling development.
Regular Council Meeting January 26, 2009
Posted by admin in : Fernie , add a comment1) Development Variance Permit Approved
Council approved Development Variance Permit No. 216 for 932-4th Avenue to legalize the siting of the existing single detached dwelling and to legalize the siting of the existing sundeck with steps.
2) Fernie Bear Aware Program
Ms. Kathy Murray, Fernie Bear Aware Program Delivery Specialist provided Council with an update of the 2008 Bear Aware Program and the Final Progress Report regarding the Bear Smart Community Initiatives. Ms. Murray noted there has been a reduction in bear mortality statistics over the last few years, which can be attributed to increased awareness, and an improvement in the management of bear attractants by residents of the community.
3) Fernie & District Historical Society Lease Agreement
The Agreement between the City of Fernie and the Historical Society for the lease of civic property located at 491 2nd Avenue for a term of 25 years commencing on
February 1, 2009 was approved and further, the Mayor, and Chief Administrative Officer were authorized to execute the Agreement on behalf of the City.
4) Living Water Smart Initiatives
Council committed to reduce water consumption by 20% by 2011 and further, committed that 50% of new municipal water needs will be met through water conservation measures by 2020.
This was initiated due to recent discussions with the Province regarding an application submitted by the Operations Department for funding the construction of the NW Reservoir and a pipeline connecting the reservoir to a proposed well in James White Park. The Province had concerns with the application and the fact that it appeared the City did not reflect a strong commitment towards water conservation and demand side management. Supporting the conservation measures will hopefully enhance the application and better the City’s changes of the application being successful.
5) The Ride to Conquer Cancer
The Ride to Conquer Cancer is a two-day cycling journey, which will take place in Alberta and British Columbia on June 26-28, 2009. The Event Coordinator recently contacted Council requesting the event be allowed to finish in Fernie on June 28 at the Fernie Aquatic Centre.
Council supported the request and will allow the cycling relay to use the parking lot as their finish site.
To find out more about the event please visit their website at www.conquercancer.ca
6) Building Healthy Communities
An invitation will be extended to representatives of the Interior Health – Health Protection Team to attend an upcoming Committee of the Whole meeting to discuss with the Committee regulatory and health improving activities and roles, which will support and serve our community.
7) City of Fernie Greenhouse Gas Emissions Reduction Plan -Milestone 1 – Corporate and Community Emissions Inventory
Council received the above noted document and authorized Ms. Megan Walsh to forward the plan to the Federation of Canadian Municipalities – Partners for Climate Protection as having completed Milestone 1.
The next step in the process is to engage the community in a discussion about greenhouse gas emission reduction strategies. This meeting is scheduled for Thursday, January 29, 2009 at 5:30 p.m. at the College of the Rockies.
8) Bylaw No. 2089 cited as the 2009 Revenue Anticipation Borrowing Bylaw a bylaw to authorize borrowing pending receipt of the 2009 current year taxes was granted first, second and third reading. This bylaw authorizes the City to borrow from any Chartered Bank in the City an amount or amounts not to exceed $2,500,000.00 dollars. Any monies borrowed shall be used solely for the purpose of meeting the current lawful expenditures of the Municipality in 2009.
9) David Suzuki Foundation – Species and Ecosystem Protection Act Endorsement
Council agreed to forward their endorsement to the Species and Ecosystem Protection Act and to indicate their support of the key principles to provide for effective protection. British Columbians need to protect species from habitat loss and global warming. A provincial Species and Ecosystem Protection Act would be critical to maintaining and recovering a healthy ecosystem.
10) Poverty Reduction plan with Targets and Timelines
The City of Fernie agreed to endorse and sign the Columbia Institutes Open Letter to British Columbia Political Parties: BC Needs a Poverty Reduction Plan with Targets and Timelines.
11) Earth Hour “Lights Out”
The City has agreed to participate in the Earth Hour “Lights Out” event to be held on Saturday, March 28, 2009.
Regular Council Meeting January 12, 2009
Posted by admin in : Fernie , add a comment1) Development Variance Permits approved:
a) Development Variance Permit No. 191 was approved for 152-4A Avenue to vary the maximum parcel coverage, the maximum open porch and open porch eave projections into the minimum rear yard setback to legalize the construction of an ‘L’ shaped open porch.
b) Development Variance Permit No. 213 was approved for 701 & 711 2nd Avenue to vary the required number of off-street parking spaces from 34 spaces to 2 spaces to enable the operation of an 80-seat restaurant and a retail store and further, to vary the fencing height requirement in the front yard from 1 metre to 1.68 metres for a wrought iron fence to enclose an outdoor furniture display area.
2) BP Canada Energy Company – Mist Mountain Coalbed Gas Project
Representatives from BP Canada Energy were in attendance to provide council with an update on the Mist Mountain Coalbed Gas Project and further to discuss the details regarding the tenure application process leading to the Provincial Government awarding BP tenure for lands in the Crowsnest Coalfield, excluding lands in the Flathead Watershed.
3) Greenhouse Gas Reduction Plan
Ms. Megan Walsh was in attendance on behalf of Wildsight and provided an overview of the City of Fernie’s Greenhouse Gas Reduction Plan on the community emissions inventory. Ms. Walsh noted that Council had previously approved a corporate emissions inventory and that these steps lead towards meeting the City’s commitment to the Federation of Canadian Municipalities Partners for Climate Protection Program.
4) Notice of intended Disposal (lease) of the Heritage Hydro Building at 491 2nd Avenue
Council authorized notice of the proposed disposal (lease) of the Heritage Hydro Building to the Fernie and District Historical Society for a period of 25 years at rental rate of $1.00 per year in accordance with the requirements of the Community Charter.
The following are among other things some areas that the Society will be responsible for:
➢ Paying any taxes or license fees;
➢ Repairing and replacing the leased area (building and land and every part thereof and improvements thereon and all equipment and fixtures0;
➢ Providing janitorial services, rubbish removal, snow clearing or sidewalks and the parking area;
➢ Paying all costs for garbage collection, telephone, internet, natural gas, water, sewer and electricity etc.
➢ Purchasing and maintaining in force during the term public liability insurance in the sum of at least $2M;
➢ Purchasing and maintaining standard fire insurance.
The Society will provide a public museum and archives and operate a downtown visitor information centre in the building.
5) Liquid Waste Management Plan Steering Committee (LWMP)
The Process and contents of a LWMP are influenced in large measure by the requirements of the Province set forth in Guidelines for Developing a Liquid Waste Management Plan relating to the management of sanitary sewage.
Council appointed Councillors Goos, Giuliano and Mayor Corrigan to sit on the (LWMP) Committee.
6) Teck Coal Limited – Elk Valley Property Tax Sharing Agreement (EVPTSA). Recent boundary extensions to bring Class 4 rural properties into the EVPTSA were not in place prior to the end of June 2008 resulting in Teck Coal having paid the taxes twice on these properties. Teck Coal is requesting the Ministry to refund the overpayment.
Council referred the letter to staff for review and requested a report be brought back for Council’s consideration.
7) Citizens Concerned About Coalbed Methane’s Five Point Plan
Council moved to support the Citizens Concerned about Coalbed Methane’s five-point action plan “Building a safe future for CBM” calling for the following:
➢ Suspend CBM drilling across B.C. until four key policy improvements are in place:
➢ Local communities have a clear say in deciding where and how CBM projects proceed;
➢ CBM projects undergo mandatory environmental assessments that address cumulative impacts;
➢ “World-class” CBM regulations promised in B.C.’s Energy Plan are fully implemented and enforced; and
➢ Funds are dedicated to independent baseline research and to proving the safety of “world-class” technologies.
8) Bylaws
Bylaw No. 2078, cited as Zoning Bylaw No. 1750 Amendment Bylaw No. 85, 2008 (Applicant – Pat Dwyer for 1561 10th Avenue) was adopted.
This will allow for the construction of eight dwelling units located above the first storey of the building at 1561 10th Avenue.
Regular Council Meeting December 15, 2008
Posted by admin in : Fernie , add a comment1) Mogul Smoker 2008
Council approved the issuance of a special occasion license for the 2008 Mogul Smoker Event to be held at 50 Coal Creek Road and approved the request from Mr. Richard Belliveau, event organizer to allow liquor service at the event until 2:00 am on December 21, 2008.
2) RDEK – ElkValley & South Country Emergency Program Service Establishment Bylaw No. 2124
The Regional District of East Kootenay proposes to adopt Bylaw No. 2124, cited as the “Regional District of East Kootenay – Elk Valley and South Country Emergency Program Service Establishment Bylaw No. 2124, 2008” which will include the District of Sparwood in a regional emergency program within Electoral Areas ‘A’ and ‘B’ the City of Fernie, District of Sparwood and District of Elkford.
Council consented on behalf of the electors of the City of Fernie to the adoption of the proposed RDEK Bylaw No. 2124. The maximum requisition for the proposed service remains the same as for the existing service in Electoral Areas ‘A’ and ‘B’, the City of Fernie and District of Elkford.
3) Fernie Memorial Arena Concession Lease Agreement
Council authorized the Mayor and Clerk to execute the lease agreement on behalf of the City from December 15, to April 20th, 2011 with Kendar Holdings Ltd. who will operate the concession at the Fernie Memorial Arena.
4) Disposal of City lands (grant of statutory right-of-way to BC Hydro for medium voltage transmission line and option to purchase 34 acre parcel of City land)
Council approved the agreement between 736402 Alberta Ltd., and the City of Fernie to provide compensation ($200,000) and additional compensation (repair and relocation of portions of the Coal Creek Heritage Trail) (the “SRW Compensation Agreement”) and authorized the Mayor and Chief Administrative Officer to execute the Agreement on behalf of the City.
Further to this, upon payment of the compensation pursuant to the SRW Compensation Agreement and posting of security as required for the trail repair and relocation, City Council will approve the disposal (grant of statutory rights-of-way to BC Hydro and Power Authority) of City lands over Lot 1, District Lot 4589, Kootenay District Plan NEP20274 and Lots 2, 3, 4 and 6, District Lot 4589, Kootenay District Plan NEP22339 and authorized the Mayor and Chief Administrative Officer to the execute the statutory rights-of-way on behalf of the City.
City Council also approved the disposal (entering into an Option to Purchase Agreement) of City lands (Lot 1, DL 4589, KD, Plan NEP22339 - 150 Coal Creek Road) to 736402 Alberta Ltd. and authorized the Mayor and Chief Administrative Officer to execute the Option to Purchase Agreement on behalf of the City and to do all acts & deeds and execute such documents as are required to fulfill the intent of that Agreement.
The Option to Purchase Agreement includes, among other things,: a purchase price of $1,200,000; a non-refundable option fee of $120,000 (forms part of the purchase price if the option is exercised) permitting the option to be exercised until May 31, 2009; an Option extension on payment of a further $50,000 until August 31, 2009; consolidation of the lands with adjacent lands of the purchaser; registration of a restrictive covenant providing that the lands and other lands owned by 736402 Alberta Ltd and 743134 BC Ltd will not be subdivided nor any buildings constructed until certain conditions pertaining to construction of an 18 hole golf course are met.
These agreements further the efforts to develop the proposed Coal Creek Golf Resort Community.
5) Disposal of Lots
Council approved the Agreement of Sale and Purchase of Lots 4 & 5, Block 9, District Lot 4588, Kootenay District Plan 734 (431 and 441 1st Avenue) for the sum of $103,000 to S.V. Ski Base Ltd., with the proceeds from the Sale to be deposited to the credit of the Land Development Reserve Fund. A restrictive covenant will be registered against title to the lands providing that they may only be used for vehicle parking for adjacent lots on which a mixed commercial and residential development is proposed.
6) Windrow Clearing Policy - Amendment
Council approved the following amendment to the recently adopted Windrow Clearing Policy with regards to Eligibility:
e) Applications made on behalf of a disabled resident whose primary caregiver’s are capable of snow removal but who are unable to do so due to the disabled resident’s need for constant care may be considered provided the application is made under the recommendation of the disabled residents physician.
7) Smokey Mountain Charters & Tours – Evening Shuttle
Council reviewed the November 24, 2008 letter from Smokey Mountain Charters & Tours Ltd. and moved to not provide financial support to the company to provide an evening shuttle service between the Fernie Alpine Resort to the City of Fernie. Council noted that Smokey Mountain Charters is going to provide the service as a commercial venture and a user fee charged for that service.
8) Bylaws
Bylaw No. 2080, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 86, 2008 for Finnigin’s Storage – 17 Ktunaxa Road was adopted. The Bylaw amendment permits a residential unit on that lot only in the service commercial zoning district.
Bylaw No. 2085, cited as Zoning Bylaw No. 1750 Amendment Bylaw No. 88, 2008 to amend the text of the CD-1- Comprehensive Development One Zone Zoning District and rezone certain lands CD-1 – Comprehensive Development One Zone and to designate CD-1 – Comprehensive Development One Zone sub areas was introduced and amended at first reading, read a first time as amended and granted second reading. Council also authorized staff to initiate a referral process to be undertaken prior to the statutory public hearing for Bylaw No. 2085.
The Bylaw rezones certain lands for the proposed Coal Creek Golf Resort Community and designates sub-area zone uses on the lands to facilitate the construction of a golf course and associated resort residential and commercial development.
Bylaw No. 2086, cited as Zoning Bylaw No. 1750 Amendment Bylaw No. 89, 2008 for Marko Maryniak at 1241 3rd Avenue was adopted. The Bylaw rezones the subject property to R1-B, Single Family Detached plus Residential, and authorizes the use of an accessory building for residential use.
Bylaw No. 2087, cited as Sewer Treatment Plant Temporary Borrowing Bylaw No. 2087, 2008 was adopted.
9) In keeping with the ‘Holiday Spirit’ Council moved to provide each of the current City Employees with a Gift Certificate to be redeemed at various businesses in town in recognition and appreciation of their work and service over the past year.
10) George Majic Spiritus Award
Mayor Corrigan presented Mr. Doug and Wilda Quail with the George Majic Spiritus Award for 2008 and noted their long history and service to the citizens and City of Fernie.
11) The Salvation Army Food Bank
Council also moved to donate $1500 dollars to ‘The Salvation Army Food Bank’ to provide support and assistance to people in need in Fernie over the holiday season.
12) BP Canada Energy Company – Mist Mountain Coalbed Gas Project
Representatives from BP Canada Energy Company are planning to attend the January 12, 2009 Regular Council Meeting to provide Council with an update on the Mist Mountain Coalbed Gas Project and further, to discuss the details of the recent tenure decision made by the British Columbia Government.
At the December 15, 2008 meeting Council passed the following resolution with regards to requesting BP to provide documentation relating to their community consultation in the Elk Valley:
Whereas the Provincial Government has granted tenure to BP Canada for the exploration of coal bed methane in the Crowsnest Coalfield and:
Whereas BP Canada has accepted an invitation by the City of Fernie to present at the council meeting of January 12, 2009; and
Therefore, in the interest of transparency and an informed dialogue, be it resolved that while respecting the confidential nature of consultations with First Nations, BP Canada be requested to provide all existing documentation previously provided to the Provincial Government relating to their community consultation in the Elk Valley to the City of Fernie one week prior to Council’s January 12, 2009 meeting with BP Canada.
The City of Fernie would like to wish everyone
Health and Happiness for the New Year!
Regular Council Meeting November 28, 2008
Posted by admin in : Fernie , add a comment1) Development Variance Permits approved:
a) Development Variance Permit No. 206 was approved for 400 Canyon Trail to vary the minimum side yard setback to facilitate the construction of a new single family detached home.
b) Development Variance Permit No. 208 was approved for 892 6th Avenue (the Raging Elk Hostel Ltd.) to vary the required off-street parking from 51 parking spaces to 11 parking spaces to facilitate the opening of a 62 seat lounge in the Hostel..
2) The East Kootenay Region of the BC Wildlife Federation - will be holding the 2009 B.C. Wildlife Federation Convention and Annual General Meeting from April 22 – 25, 2009.
Council approved a grant-in-aid to the Fernie Rod and Gun Club for one day rental at the Community Centre which will be used as the main convention area.
3) Sewer Treatment Plant Loan Authorization
Council approved borrowing from the Municipal Finance Authority of British Columbia of $1,300,000 as authorized by Sewer Treatment Plant Loan Authorization Bylaw No. 2072 and requested that the Regional District of East Kootenay consent to the borrowing over a period of 20 years and include the borrowing in their security issuing bylaw for the Spring 2009 MFA debt issue.
4) UBCM Community Tourism Program Phase 2 funding application -Development and Enhancement of the Municipal Website
Council approved the November 20, 2008 Application for the UBCM Community Tourism Program Phase 2 for the Development and Enhancement of the Municipal Website.
The City is entitled to receive $26,196.42. $5000 of the City’s allocation was dedicated to improvements of the Coal Discovery Trail. The City has $21,196.42 remaining under the Phase 2 entitlement and it is recommended that those funds be accessed for the development and enhancement of the municipal website for tourism and marketing and the promotion of Fernie. If approved, City funds will be combined with program funding to better serve the needs of residents and businesses and provide more online tools such as updated land use and development information, online forms and bill payments.
5) Elk Valley Regional Airport Service Establishment
Bylaw No. 2104 a bylaw that would convert the Elk Valley Airport ‘function to a ‘service.’ The original bylaw contained a maximum requisition of $0.10/$1000 of taxable assessment of land and improvements. Council voiced concern regarding this amount indicating they would support the conversion of the Elk Valley Airport function to a service but not support a requisition maximum greater than $0.04/$1000 of taxable assessment of land and improvements. The RDEK took this into consideration and amended the tax rate to $0.04/$1000 of taxable assessed value. Council consented on behalf of the electors of the City of Fernie to the adoption of the proposed Regional District of East Kootenay Bylaw No. 2104 as amended.
The requisition limit as contained in the amended bylaw allows approximately $120,000 to be levied in a year leaving room for considerable growth in funding for the
service.
6) Bylaws
a) Bylaw No. 2079, cited as the Development Cost Charge Bylaw No. 2079, 2008 received final adoption.
The new DCC Bylaw includes revised and updated capital costs estimates for infrastructure expansion to accommodate growth.
It is the City of Fernie’s philosophy that development should pay for any infrastructure required to facilitate growth. The DCC objectives of the DCC Bylaw are simple and based entirely upon the premise that infrastructure costs should be paid by those who will use and benefit from the installation of such systems. The City and its taxpayers cannot afford to subsidize development, but they do not wish to see development cease because critical infrastructure is unavailable or too costly for any one developer to construct. Pooling the resources of all stakeholders will result in realistic charges levied to each entity thereby ensuring the construction of infrastructure required to facilitate the growth of Fernie.
b) Bylaw No. 2087, cited as the Sewer Treatment Plant Temporary Borrowing Bylaw No. 2087, 2008 received first, second and third readings.
This bylaw authorizes the temporary borrowing of a portion of the estimated cost of constructing improvements to the Sewer Treatment Plan pending the sale of debentures.
c) Bylaw No. 2084, cited as the Official Community Plan Bylaw No. 1923, Amendment No. 15, 2008 was read a first and second time and referred to a Public Hearing. (Applicant: Reto Barrington, Glen Park Management, 736402 Alberta Ltd., 0743134 BC Ltd.
Council authorized staff to initiate a referral process to be undertaken to the agencies and ministries as outlined in the staff report for this bylaw.
The Official Community Plan amendment proposes major revisions to the Bylaw to facilitate the development of the Coal Creek Golf Resort.
7) Letters of Support
a) BC Ambulance and Paramedics of British Columbia - Council will forward a letter of support to the BC Ambulance Service insisting that the BC Ambulance Station # 406 in Fernie have a car and crew ready to respond at all times.
b) British Olympic Alpine Ski Team -
Council will forward a letter of invitation and support to the British Olympic Alpine Ski Team to use Fernie as their pre-2010 Olympic training area.
Mayor Macnair noted Councils achievements over the past three years and thanked the outgoing Council for their tireless efforts over the past term to ensure that Fernie continues to be a wonderful place to live.