Regular Council Meeting November 26, 2007
Posted by admin in : Uncategorized , comments closed#1 – Development Variance Permit Approved
➢ After fulfilling the mandatory notice requirements and providing an opportunity for input from the public, Council approved the issuance of Development Variance Permit (DVP) #166. The Permit applies to the Curry Bowl restaurant located at 931 – 7th Avenue and varies the required number of off-street parking spaces from 16 parking spaces to 10 parking spaces.
One written submission from Joe and Diane Warshawsky of 951 -7th Avenue opposing the DVP was received by the City. The Warshawskys, who reside on the north side of the subject lot are concerned that the majority of the (parking) usage comes from the owner and staff of The Curry Bowl, that having restaurant patrons who park wherever they choose is already an inconvenience and that approval of the DVP to permit construction of the sundeck would compromise their privacy and enjoyment of property.
Approval of the DVP will now enable the applicant to move forward with plans to construct a 2nd storey sundeck above the addition of the existing building. Once completed, the sundeck will include 18 new seats to serve Curry Bowl restaurant patrons from May to September.
#2 – White Ribbon Campaign Launched
➢ On behalf of the Fernie Women’s Resource Centre and Elk Valley RCMP Victim Services, Mr. Colin Letcher of the Fernie Fire Department made a brief presentation to Council on the annual campaign to end men’s violence against women.
Started in Canada in 1991, the campaign urges men to speak out about violence against women. White ribbons and pledge cards promising to never commit, condone or stay silent about violence against women were distributed to Council and staff. Council passed a resolution stating that City of Fernie supports the White Ribbon campaign and will distribute the ribbons to staff and the community at City facilities.
#3 – Community Health Promotion Fund Application Approved
➢ Ms. Sarah Thomas made a presentation to Council noting that the program envisioned for the UBCM Community Health Promotion fund application has changed and will only include Isabella Dicken Elementary School and not the Fernie Academy as originally planned. Ms. Thomas explained that due to time constraints only one school could be included in the program this year.
The application for the grant is being made in collaboration with Interior Health and Isabella Dicken Elementary School under the Union of British Columbia Municipalities’ Community Health Promotions Fund.
If successful, the funds will be used for a program aimed at promoting good nutrition, exercise and positive self-esteem in elementary school students in Fernie. Ms. Thomas requested and received Council’s support of the draft application submitted at the meeting.
#4 –Liquor Licence Application Supported
➢ A request for support of a liquor licence application and Liquor Control and Licensing Branch (LCLB) policy exemption for the 2007 Mogul Smoker event was presented to Council along with a report from the Director of Corporate Administration Services.
The annual event which is being organized by the FernieFest Society is planned for Saturday, December 15th at #50 Coal Creek Road, the vacant property almost adjacent to the land fill site on Coal Creek Road. Organizers are applying to the LCLB for a liquor licence and a policy exemption that would enable them to operate an alcoholic beverage garden from 9:00 p.m. until 2:00 a.m. which will include the service of hard liquor. Council provided its support of the application, subject to the terms of the City of Fernie Special Occasion Liquor Licence Policy.
#5 – Zoning Amendment Bylaw Adopted
➢ Council adopted Zoning Amendment Bylaw No. 2061 which changes the zoning for the property at 461 – 9th Avenue from R1-Single Family Residential to R2 – Duplex Residential. After a public hearing was held and the Bylaw was given third reading at the November 13th Council meeting, the Bylaw was referred to the Ministry of Transportation for comment and approval. The Ministry had no concerns with the Bylaw. Passing of the Bylaw means the existing duplex now conforms to the uses permitted in the R-2 zone.
#6 – Council Supports Cell Phone Tower in South Country
➢ During the public input period preceding the Council meeting, Mr. Chris Inglis expressed the opinion that he feels it would be an improvement to public safety if Telus and other cellular phone service providers were urged to place a cell phone tower in the South Country area of the East Kootenay.
He explained that with the number of recreational users in the area, emergencies do happen but cell phone service for the area which is a very important way for the public to call for help, is very limited. During the Council meeting a resolution was passed stating that Council will send a letter requesting cellular phone service providers to locate a cell phone tower in the South Country area of the East Kootenay for safety and public access purposes. Copies of the letter will be sent to Honourable Bill Bennett, MLA for the East Kootenay, the Regional District of East Kootenay and the Canadian Radio-television and Telecommunications Commission.
Regular Council Meeting November 13, 2007
Posted by admin in : Uncategorized , comments closed#1 – Zoning Bylaw Amendment Moving Forward
➢ A public hearing was held during the November 13th Regular Council meeting to give the public an opportunity to provide input on proposed Zoning Bylaw No. 1750, Amendment Bylaw No. 79, 2007. The draft bylaw proposes to rezone the lot at 461 – 9th Avenue from R1-Single Family Residential to R2- Duplex Residential. There is an existing duplex on the lot but the R1 zone does not permit this use.
Consequently, the change to R2 would legalize the existing duplex. No comments or submissions were received from the public. Council read the Bylaw a third time and referred it to the Ministry of Transportation for comment and approval. After Ministry approval, the Bylaw will come before Council for consideration of adoption.
#2 – Development Variance Permit Approved
➢ After fulfilling notice requirements, Council approved Development Variance Permit (DVP) #175. The Permit applies to the residence at 192 – 2nd Avenue and will allow the applicant to construct a 6.7 metre by 7.3 metre detached carport on the north side of an existing single detached dwelling.
The DVP varies the minimum side yard setback in the Zoning Bylaw 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. No comments or submissions from the public were received.
#3 – Solid Waste Transfer Station Issue Clarified
➢ Council confirmed the City’s commitment to helping the Regional District of East Kootenay (RDEK) find a solution to the longstanding issue of identifying a suitable location for a new regional solid waster transfer station for Fernie and area. Under provincial legislation, the management of solid waste facilities and programs is a Regional District responsibility.
Additionally, Council agreed to ask the RDEK why it appears to insist that a sub-regional transfer station must be located within City boundaries when the RDEK’s Regional Solid Waste Management Plan says that one will be located in or near Fernie. Once established, a new transfer station will serve residents of the City of Fernie as well as residents from surrounding rural areas.
Council’s resolution also directs the City to advise the RDEK that the City of Fernie is not prepared to pay the costs of commissioning and decommissioning a temporary solid waste transfer station as the RDEK Board has resolved it should, as legal and financial responsibility for solid waste management lies squarely with the Regional District.
#4 –Funds Approved for Coal Discovery Trail
➢ Council approved submission of an application for a $5000 grant from the Union of British Columbia’s (UBCM) Community Tourism Program to be used toward promoting and improving the Coal Discovery Trail between Fernie and Sparwood. The District of Sparwood is spearheading the project which would promote and improve the trail through the creation of detailed maps, improved signage and limited trail surface enhancements. The project would create many benefits including healthier, more active communities, increased appreciation for the environment, wildlife, human history and responsible industry stewardship, and increased tourism visitation and revenues.
If it proceeds, the $30,000 project would be funded by grant monies awarded to Sparwood, Fernie, the RDEK and through the sale of advertisements.
#5 – Greenhouse Gas Emissions Reduction Plan Proceeds
➢ Council authorized Wildsight to utilize $2000 of funding from the Columbia Basin Trust’s Community Initiative fund to complete a comprehensive municipal vehicle emissions inventory. Council also authorized Wildsight to utilize $15,000 obtained from the Community Action on Energy and Efficiency program to complete the first three milestones that Council earlier agreed to aim for through the Federation of Canadian Municipalities’ Partners for Climate Protection Program.
The three milestones are to create a greenhouse gas emissions inventory and forecast, to set an emissions reduction target and to develop a local action plan. Once the work has been completed, the result will be the creation of Greenhouse Gas Emissions Reduction Plan for the municipality and the community at large.
#6 – Council Denies Request to Waive 10% Tax Penalty
➢ In a letter to Mayor and Council the Controller of a local business asked Council to consider reversing the 10% penalty imposed for late payment of 2007 property taxes. The Controller describes how an untimely health emergency disrupted her plans to pay the tax bill on the final due date. Council denied the applicant’s request.
While it was acknowledged that her circumstances were unfortunate, a report from the Director of Financial and Computer Services pointed out the fact that the Provincial Government’s Municipal Tax Regulation states that a 10% penalty must be added to any unpaid property taxes after the final due date. In other words, neither City staff nor Council has the authority or discretion to waive the mandatory penalty. With approval of the Minister of Community Services, a municipal council may be granted authority to reverse a tax penalty. It was noted that tax penalties are necessary to produce an incentive to pay property taxes when due as the City has operated for ½ a year before current revenues are payable.