Regular Council Meeting October 22, 2007
Posted by admin in : Uncategorized , comments closed#1 – Development Variance Permits Approved
➢ Council approved a Development Variance Permit (DVP #172) for Nonstop Ski and Snowboard located at 621 7th Avenue. The permit varies the maximum projection into the minimum side yard setback for an 8.8 metre x 1.65 metre second storey sundeck including a first storey 4 metre x 1.65 metre flight of stairs and a 6.7 metre x 1.65 metre second storey flight of stairs only from 1.3 metres to 4.4 metres along a portion of the east property line. Council gave preliminary approval for the DVP at the October 9th Regular Council meeting. No written or verbal submissions from the public on the matter were received.
Council also approved DVP 174 which applies to the section of St. Margaret’s Road running from the intersection of Ridgemont Crescent to the east end of the area dedicated as road on the Plan Showing the Proposed Subdivision of Lot 1, Plan 9301 and Part of Lot 6, Plan NEP22339, Kootenay District, District Lot 4589. The variance decreases the minimum permitted roadway width as set out in Subdivision and Development Servicing Bylaw No. 1727 from 11 metres to 8.5 metres. Council gave preliminary approval for the DVP at the October 9th Regular Council meeting. At the hearing, Mr. Dave Gildea of 130 Ridgemont Crescent asked if the requested variance would preserve the evergreen trees adjacent to his residence that are located in the St. Margaret’s road right-of-way and requested that speed bumps be considered on that road to avoid the potential for a serious accident there.
#2 – Development Variance Permit Application to Proceed
➢ Council gave approval in principle to Development Variance Permit (DVP) application number DVPA-175. The application applies to the residence at 192 – 2nd Avenue and proposes to allow the applicant to construct a 6.7 metre x 7.3 metre detached carport on the north side of an existing single detached dwelling.
If approved, the DVP will vary the minimum side yard setback stipulated in Zoning Bylaw No. 1750 from 4.5 metres to 1.5 metres and the projection of the eave for the structure into the minimum 4.5 metre side yard setback from 1.0 metre to 3.7 metres. Council will likely consider final approval for the DVP at its next regularly scheduled Council meeting on November 13th, after notice requirements have been fulfilled.
#3 – Proposed OCP Bylaw Amendment Decision Postponed
➢ A decision on an application from Bulova Resort Developments to amend the Official Community Plan (OCP) Bylaw was postponed until such time as a concurrent Zoning Bylaw amendment application is received. The proposed OCP Bylaw amendment would redesignate 0.36 hectares (0.88 acres) of land located between Whitetail Drive and Cedar Bowl Place from the Transportation and Utility Corridor land use designation to Residential Mixed Density.
After hearing opposition to the proposed change from local residents earlier in the meeting at a Public Hearing, considering written submissions from the public and after receiving a report from the Director of Planning, Council passed a resolution directing that a second public hearing be held regarding the proposed OCP Bylaw amendment and that the public hearing be held in conjunction with a Zoning Bylaw amendment application for the same and an adjacent parcel of land. It was felt that this would give Council and the public more specific information about what the developer’s plans for the property are, thereby enabling more informed public input and a more informed decision on the proposed changes to be reached.
#4 – Playground Funds Approved
➢ Following a presentation by Mr. Frank Lento on behalf of the School Community Connection Program at the August 27, 2007 Committee of the Whole meeting, staff was directed to present a report recommending a funding source for a $40,000 dollar commitment from the City toward the $160,000 cost for a new playground at Isabella Dicken Elementary School in the Five Year Financial Plan. Mr. Lento provided an update at the September 10th Committee of the Whole meeting where he explained that the estimated cost of the project had increased from $160,000 to $194,300 due to the focus of the playground design being expanded to accommodate not only elementary youth but also early learners, secondary teens and senior citizens. As requested, an amendment to the previously approved financial commitment of $40,000 from the City was approved resulting in an increase of $5000 for a total $45,000 financial commitment from the City of Fernie.
In accordance with the recommendation from the Director of Financial and Computer Services, Council approved the redirection of $25,000 currently budgeted in 2008 for the installation of a playground at James White Park and the redirection of $20,000 currently budgeted in 2009 for the installation of a playground in Parkland Terrace to meet its $45,000 commitment.
The new playground is a joint effort involving the City of Fernie, the School Community Connection Program, the Provincial Government, School District #5, the private sector, business community, parent constituents and other volunteers. The playground will allow a broad segment of the community to utilize and enjoy and is expected to be constructed in Spring, 2008.
#5 – Remembrance Day Ceremonies in Place
➢ Mayor and Council received a written invitation from the Royal Canadian Legion to participate in the annual Remembrance Day parade and ceremonies. The Legion also requested permission to hold the parade on November 11th to the Cenotaph at the Courthouse grounds in honour of fallen comrades of past wars. They requested permission to hold the annual Poppy Campaign starting October 26th and to fly the official Poppy Flag for the duration of Veterans’ Week which is the week preceding Remembrance Day. Council unanimously supported the requests.
#6 – Council Seeks Apology
➢ On October 15, 2007 the City of Whitefish, Montana passed a resolution encouraging the Governor of Montana and the Premier of British Columbia to meet regarding common trans-boundary issues. In the resolution the City of Whitefish stated that it was a joint resolution between the City of Fernie and the City of Whitefish. However, Mayor Macnair made it clear that The City of Fernie did not endorse the resolution nor had anyone in the City of Fernie even seen the resolution.
Consequently, Council passed a resolution that the City of Fernie request an apology from the City of Whitefish and request that the City of Whitefish issue a letter of retraction to any and all parties to whom the original resolution was forwarded.
The Mayor noted the issue was that another jurisdiction stated that the City of Fernie jointly issued the resolution when in fact, it did not.
#7 – Leisure Services Advisory Board Affirms Commitment
➢ Ms. Colleen Dunn, Chair of the Leisure Services Advisory Board appeared before Council to affirm the Board’s commitment in assisting Council, the Director of Leisure Services and the community in regards to leisure services offered by the City of Fernie. Ms. Dunn stated that the 8-member Advisory Board recently met for the first time in several months and that it recognizes the important role it plays and looks forward to having Council continue to utilize its services. Councillor Giuliano and Mayor Macnair on behalf of Council both thanked the Board for its efforts and ongoing commitment to the City of Fernie.
#8 – RCMP Invited to Committee of the Whole
➢ Council has invited the Elk Valley RCMP to attend a Committee of the Whole meeting in the near future to discuss the issue of RCMP presence and coverage in the City of Fernie. In particular, Council is concerned about coverage late at night and in the early hours of the morning. The invitation has been issued and Staff Sgt. Lorne Craig has already indicated that one or two representatives from the RCMP will attend a meeting in the near future.
New Agreement on Property Taxes for Elk Valley Mines October 22, 2007
Posted by admin in : Uncategorized , comments closedA new Elk Valley Property Tax Sharing Agreement that shares property taxes levied on the industrial coal mining properties in the Elk Valley has been reached, Bill Bennett, MLA for East Kootenay announced today.
“This is an important announcement that will have long-lasting effects for these communities,” said Bennett. “I anticipate that this agreement will strengthen the relationships between local governments and the mining industry for the benefit of all residents in the Elk Valley.”
The District of Elkford, the City of Fernie, the District of Sparwood, and Area A of the Regional District
of East Kootenay have reached this agreement which deviates from the taxing authority granted to local governments by the Community Charter.
“I am pleased that we were able to reach an agreement after only a few months of negotiating. This is a great example of communities working together with businesses to benefit everybody,” said Sparwood Mayor Dave Wilkes. “I want to thank the provincial government, our local governments and the Elk Valley Coal Corporation for making this possible.”
The new agreement has three primary changes that impact the local governments:
• Base property tax levied on industrial coal mining properties increased from $6.9 million to $8.9 million
• The base amount of $8.9 million will be adjusted annually for inflationary affects. The
inflationary adjustments will be the lesser of average annual tax change to residential properties or the BC CPI index, excluding food.
• All properties with a Class 4 industrial assessment that are coal mines, coal processing works or coal related infrastructure that are located within the confines of the RDEK Area A will be subject to the agreement. If an identified property is outside the existing boundary of a municipality in this area, a municipality will apply for a boundary expansion to be able to tax these properties as part of the agreement.
The new agreement was submitted to the Province of BC for legislative approval through the Municipalities Enabling and Validating Act. The local governments anticipate receiving legislative approval early in the spring of 2008.
This agreement is based on being fair to all parties, including the Regional District of East Kootenay Area A, including all relevant industrial properties, and being transparent so it could be administered locally without the Province’s involvement.
Visit Bill’s Web site at www.billbennettmla.bc.ca
Media contact: Russel Lolacher, BC Government Caucus Communications: 250-356-0389.
Bear Aware Bylaw October 12, 2007
Posted by admin in : Uncategorized , comments closedDear City of Fernie Resident,
I would like to take this opportunity to thank Fernie residents who are “Bear Aware” and making changes in their daily routines by putting their garbage on the curb the morning of collection, cleaning up their fruit trees, bringing in their birdfeeders and bear proofing their property.
However, there are still a number of residents who are attracting bears to our neighbourhoods as a result of neglect, intent or irresponsible management of bear attractants (garbage, fruit trees and bird feeders). The time has come for the Bear Aware Educational Program, promoting responsible management of attractants, to be combined with power of enforcement in order to reduce the potential for bear/human conflict and ensure that our community remains safe and our bears stay wild.
On October 9, 2007, the City of Fernie adopted amendments to Waste Regulation Bylaw #1845 restricting the availability of wildlife attractants and is now in effect. Failure to manage wildlife attractants responsibly will result in the imposition of a penalty.
Bylaw 1845 now states:
➢ It is unlawful to place your garbage on the curb prior to 5 am on the day of collection.
➢ It is unlawful to accumulate, place or store wildlife attractants (garbage, food products, food waste and other accessible, edible products or waste that attracts wildlife) under your carport, on your deck, in your backyard or in such a manner as to promote an increase in bear activity, thereby creating a risk to the safety of the public in the neighbourhood or vicinity. Please dispose of excess waste responsibly, take it to the transfer station.
➢ Commercial waste dumpsters containing wildlife attractants must be kept closed during the day and secured at the end of each business day to prevent access by wildlife. Businesses or individuals responsible for commercial waste containers have until March 31, 2008 to replace or modify them in order to comply.
If you have any questions or would like help managing attractants to wildlife please contact Bear Aware, 423-6406. For information regarding Bylaw #1845 please contact the City of Fernie, 423-6817.
We have chosen to live in Bear Country. With this choice comes a responsibility to ensure peaceful coexistence. By managing attractants to bears and complying with this bylaw, everyone will benefit, including the bears.
Yours in Conservation
Kathy Murray
Bear Aware Program Delivery Specialist
Special Council Meetings held on October 1st, October 3rd and the October 9, 2007 Regular Council Meeting October 12, 2007
Posted by admin in : Uncategorized , comments closed#1 –Council Awards Wastewater Treatment Plant Contract
➢ A Special Meeting of Council was held on October 1st to consider awarding a major contract. Council awarded the Wastewater Treatment Plant Expansion – 2007 Electrical and Process Engineering – Design and Construct tender to Nelson Environmental Inc. in the amount of $850,949.00 which includes a 10% contingency but not GST. The electrical and process component of the sewer lagoon expansion project is primarily the aeration equipment for the three large lagoons that make up the treatment portion of sewage treatment process. The project is within budget and is expected to be completed by January 31, 2008 depending upon the weather. As the project is a design / build contract Nelson Environmental Inc. is providing a 60 month performance guarantee and a 60 month warranty for materials and workmanship from the date of start-up.
#2 – Memorial Arena Construction Contract Awarded
➢ At a Special Council Meeting, held October 3, 2007, City Council awarded a contract for the construction of an addition to the Fernie Memorial Arena to construct four new dressing rooms and an expanded storage area. The contract was awarded to Wolfe Builders in the amount of $362,840. Further contracts will be awarded in the near future for the electrical and plumbing works to service the new addition.
The Arena expansion is part of ongoing plans to make the Arena a more functional, modern and user-friendly facility for user groups and the general public. Work already completed includes new boards and glass and safety netting. Further work to be undertaken in the near future includes renovations to the existing public washrooms to enlarge their capacity and modernize them.
The total budget for the Arena improvements is just under $1,000,000 and the City has obtained grant funding from the Provincial Government’s Olympic / Paralympic Live Sites program in the amount of $330,000. The project budget has increased approximately $270,000 from the original estimates to account for an increase in size of the addition and increased construction costs. After consulting user groups the size of the addition was increased by approximately 25%. The larger facility will make the Arena more functional and useable by the community for the foreseeable future.
Mayor Macnair says: “The City has been working towards this for a number of years and we are extremely pleased to see this project coming to fruition. We look forward to welcoming the public and users to the expanded and improved Arena early in the new year.” The Arena expansion and renovations are expected to be complete by March 31, 2008.
October 9, 2007 Regular Council Meeting
#3 – Development Variance Permit Approved
➢ Council approved a Development Variance Permit (DVP) for 561 8th Avenue which allows a variance to the minimum front and side yard setback as well the maximum projection for an eave into the minimum front yard and side yard setback for the principal building. The approval of DVP #173 enables the siting of an 8.63 metre x 12.28 metre single family dwelling that will be moved to the site from 69 Ridgemont Drive. Council gave preliminary approval for the DVP at the September 10th Regular Council meeting.
#4 – Development Variance Permit Applications Supported
➢ Council gave its preliminary approval for two Development Variance Permit Applications. The first, DVPA-172 for 621 – 7th Avenue, seeks to vary the permitted projection into the minimum side yard setback. More specifically, the applicant seeks to vary the allowable projection for a sundeck into the minimum side yard setback from 1.3 metres to 4.4 metres to enable the construction of a 9.2 metre x 1.65 metre second storey sundeck.
In his report to Council the Director of Planning noted that prior to a building permit being issued for the sundeck, the existing 2.5 metre x 1.31 metre shed currently sited in the front yard of the property would first have to be removed.
The second, DVPA-174 is for the section of St. Margaret’s Road running from the intersection of Ridgemont Crescent to the east end of the area dedicated as road on the Plan Showing the Proposed Subdivision of Lot 1, Plan 9301 and Part of Lot 6, Plan NEP22339, Kootenay District, District Lot 4589. If approved, the variance will decrease the roadway width as set out in Section B.3.6 and DWG. No. B-5 of Subdivision and Development Servicing Bylaw No. 1727 from 11 metres to 8.5 metres.
Notice of Council’s intention to consider issuing the two Development Variance Permits will now be provided and Council will consider both applications at the October 22nd Regular Council Meeting.
#5 – City Awarded Community Action Grant
➢ The City of Fernie has been selected to receive funding this year under the Community Action on Energy and Emissions (CAEE) program. The grant is supported by the Ministry of Energy, Mines and Petroleum Resources, Ministry of Environment, Ministry of Community Services, BC Hydro and Terasen Gas. In total, 14 communities were selected for the grant this year, each of which will be allocated $15,000 to $20,000.
The funds will be used toward creating a greenhouse gas emissions inventory and forecast, setting an emissions reductions target, developing a local action plan, implementing the local action plan or set of activities and monitoring progress and reporting results. Council passed a resolution indicating its support for the commitments outlined in the Community Action on Energy and Emissions grant application. This will be communicated to the Ministry of Energy, Mines and Petroleum Resources and is a requirement of the application process.
#6 – Fernie Childcare
➢ Ronan Mac Con representing the Fernie Child Care Society appeared before Council as a delegation asking Council to take a lead role in negotiating with School District #5 to secure a long-term lease for child care space in the former Max Turyk School. Mr. Mac Con noted the Provincial Government recently announced it is investing $12.5 million in major capital funding to support the creation of licensed child care spaces. The funding will provide incentives to create new spaces in existing unused space in public buildings such as schools, which seems to be a good fit for the Fernie Child Care Society.
Proof of a rental or lease agreement for space in the former school needs to be secured by November 30th which is the deadline for the Society to submit an application for the funding. Council passed a resolution agreeing to assist the Fernie Child Care Society in negotiating a lease agreement with the School District and noted the limited time for doing so.
#7 – Grant Sought For Community Health Promotions Funds
➢ Ms. Sarah Thomas of the Interior Health Authority appeared as a delegation before Council representing Isabella Dicken Elementary School. She asked for an expression of interest from Council to pursue a grant in collaboration with Interior Health and the elementary schools in Fernie under the Union of British Columbia Municipalities’ Community Health Promotions Fund. If successful, the funds would be used for a program aimed at promoting good nutrition, exercise and positive self-esteem in elementary school students in Fernie.
Ms. Thomas will be approaching the Fernie Academy to see if they are also interested in participating in the program. Council passed a resolution offering their support for the program.
#8 – Zoning Bylaw Change Given Preliminary Approval
➢ Council read Bylaw No. 2061, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 79, 2007 a first and second time and referred the Bylaw to a Public Hearing. The application which is in the name of the Corporation of the City of Fernie, pertains to an existing duplex located at 461 – 9th Avenue. The subject lot is zoned R-1 – Single Family Residential which does not allow “duplex” as a permitted use.
The Director of Planning reported that Zoning Bylaw No. 927 which was adopted in 1970 zoned the subject lot R3 – General Residential. The R3 zone permitted structures allowed in the R2 – Residential District 2 which included one and two family houses. A building permit for the subject duplex was issued in 1973. The subject lot was subsequently zoned R4 – Medium Density Residential by the City of Fernie Zoning Bylaw No. 1210, 1981 and was inadvertently zoned R-1 – Single Family Residential in 1990 by the City of Fernie through Zoning Bylaw No. 1406.
If eventually adopted, the Zoning Bylaw amendment will legalize the current non-conforming status of the property which was created by Zoning Bylaw No. 1406. This will allow the property owner to proceed with plans to subdivide the subject lot down the common party wall of the existing duplex to create two – 30 foot x 120 foot fee simple lots. A public hearing on the Bylaw will likely be held on October 22nd.
#9 – Council Supports Proposed Zoning Bylaw Amendment
➢ After hearing the views of local residents at a Public Hearing held earlier in the day, Council read Bylaw No. 2058, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 78, 2007 a third time and referred the Bylaw to the Ministry of Transportation as required. The proposed Bylaw amendment would allow a 669 square metre (0.07 hectare) vacant lot located at 1192 – 11th Avenue to be rezoned from R1 – Single Family Residential to R2 – Duplex Residential.
However, Council also passed a resolution stating that they will withhold consideration of final reading of the Bylaw pending the registration of a restrictive covenant on the title of the subject property that will limit the total site coverage by all structures to 35% and require a minimum 7.5 metre front yard setback – both of which are requirements of the R-1 Single Family Residential Zone.
The applicant initially proposed to construct a side-by-side duplex with each unit having a single vehicle garage fronting 11th Avenue but at the Public Hearing held earlier in the day, he expressed a willingness to alter the design of the duplex if necessary.
#10 – Waste Regulation Amendment Bylaw Adopted
➢ Council adopted a Bylaw to amend Waste Regulation Bylaw No. 1845 and a Bylaw to amend Municipal Ticket Information Bylaw No. 2041. The main purpose of Waste Regulation Bylaw Amendment Bylaw No. 5 is to regulate the storage of wildlife attractants in hopes of reducing the number and frequency of wild animals attracted into the City, bears in particular.
The new Waste Regulation Bylaw prohibits a person from storing wildlife attractants in such a manner as to attract wildlife, prohibits the placement of wildlife attractants on the curbside in residential areas before 5:00 a.m. on garbage pick-up day and requires those responsible for commercial waste containers which contain wildlife attractants to keep them closed at all times and closed and secured at the end of the business day.
Holders of commercial waste containers have until March 31, 2008 to replace or modify their waste containers so that they comply with the Bylaw, if they don’t already have a locking or secure latching mechanism. The amendment to the Municipal Ticket Information Bylaw imposes fines for violators of the amendments to the Waste Regulation Bylaw. Both Bylaws received first three readings on September 10th.
Contract Awarded for Arena Expansion October 5, 2007
Posted by admin in : Uncategorized , comments closedAt a Special Council Meeting, held October 3, 2007, City Council awarded a contract for the construction of an addition to the Fernie Memorial Arena to construct four new dressing rooms and an expanded storage area. The contract was awarded to Wolfe Builders in the amount of $362,840. Further contracts will be awarded in the near future for the electrical and plumbing works to service the new addition.
The Arena expansion is part of ongoing plans to make the Arena a more functional, modern and user-friendly facility for user groups and the general public. Work already completed includes new boards and glass and safety netting. Further work to be undertaken in the near future includes renovations to the existing public washrooms to enlarge their capacity and modernize them.
The total budget for the Arena improvements is just under $1,000,000 and the City has obtained grant funding from the Provincial Government’s Olympic / Paralympic Live Sites program in the amount of $330,000. The project budget has increased approximately $270,000 from the original estimates to account for an increase in size of the addition and increased construction costs. After consulting user groups the size of the addition was increased by approximately 25%. The larger facility will make the Arena more functional and useable by the community for the foreseeable future.
Mayor Macnair says: “The City has been working towards this for a number of years and we are extremely pleased to see this project coming to fruition. We look forward to welcoming the public and users to the expanded and improved Arena early in the new year.”
The Arena expansion and renovations are expected to be complete by March 31, 2008.
Media Contacts:
Allan Chabot, Chief Administrative Officer
250-423-2225
Jim Hendricks, Director of Financial and Computer Services
250-423-2223