MINUTES OF A REGIONAL COUNCIL MEETING Municipal Office, th Ave S, Fort Nelson, BC Tuesday, October 11, 2011

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1 Council Present Mayor Bill Streeper Regional Councillor Eglinski Regional Councillor McKee Regional Councillor Roper Regional Councillor Osbourne Staff Present Randy McLean, CAO Heather Cosman, CM Ross Coupé, DCM Gord McCleary, FC Renée Jamurat, P Scott Barry, PW Doug Tofte, CRPO Regional Councillor Sime - Absent Regional Councillor Vigeant - Absent Also in Attendance Kelly Ollenberger 1. Call Order 2. New Business Items a) Mayor s List b) Council Additions c) CAO Additions 3. Adoption of Agenda Mayor Streeper called the meeting to order at 6:30 pm CAO Additions: 1. Kelly Ollenberger Delegation re: Cliff Ollenberger Remedial Action Resolution, Admin #99/11 RM RESOLUTION NO. 268/11 EGLINSKI/OSBOURNE that the agenda be adopted as amended. Received for Information; Fort Nelson RCMP report for August 2011and Victim Services Letter Bylaw Report #62/11 Bylaw Report #63/11 Bylaw Report #64/11 Letter from Clifford Ollenberger re: Remedial Action Resolution September 15, 2011 Council Information Package September 22, 2011 Council Information Package September 29, 2011 Council Information Package October 6, 2011 Council Information Package 4. Minutes for Adoption RM RESOLUTION NO. 269/11 OSBOURNE/EGLINSKI that the September 12, 2011 Regional Council Meeting Minutes be adopted. Page 1 of 8

2 5. Proclamations Fire Prevention Week, October 9-15, 2011 Mayor Streeper read and proclaimed Fire Prevention Week in the Northern Rockies as follows: WHEREAS Many dedicated citizens have joined with volunteer, professional and industrial fire safety personnel as Partners in Fire Prevention in a relentless effort to minimize loss to life, destruction of property and damage to the environment; AND WHEREAS Fire losses in Canada remain unacceptably high in comparison with those in other industrialized nations thereby necessitating improved fire prevention measures; AND WHEREAS It is desirable that information on fire causes and recommended preventative measures be disseminated during a specific period of the year; AND WHEREAS The 2011 fire prevention theme for this period is: It s Fire Prevention Week - Protect your family from Fire. NOW THEREFORE I, Mayor Bill Streeper, hereby proclaim October 9-15, Fire Prevention Week in the Northern Rockies Regional Municipality. 6. Petitions/Delegations Mayor Streeper presented a copy of the proclamation to Northern Rockies Fire Chief Gord McCleary. Kelly Ollenberger re: Remedial Action Resolution Mayor Streeper welcomed Kelly Ollenberger and invited him to speak to Regional Council. Mr Ollenberger presented Council with a letter from his father, Clifford Ollenberger regarding the remedial action resolution (RM Resolution 259) passed by Council requiring the remediation of his property at st Street, Fort Nelson, BC. This letter authorized Kelly Ollenberger to speak on his father s behalf. Mr. Ollenberger provided a summary of his father s personal affairs which prevented earlier remediation of the property. Mr. Ollenberger stated his commitment to have the property remediated as quickly as possible, and asked Regional Council to consider allowing him to remove the building next year. Council raised questions about timelines required to remediate the property. Mr Ollenberger stated that he could have some of the immediate safety and property maintenance issues dealt with within two weeks and committed to having the building removed by June 30, He noted his father s intent was to rebuild a house on the property. Page 2 of 8

3 6. Petitions/Delegations RM RESOLUTION NO. 270/11 EGLINSKI/MCKEE that RM Resolution 259 be amended to read as follows: WHEREAS Division 12 of Part 3 of the Community Charter (the Charter ) authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to remove or demolish the building where: 1) Council considers that the building is in or creates an unsafe condition; 2) Council considers that the building contravenes the Provincial building regulations or a Municipal bylaw under s. 8(3)(1) (buildings and other structures); and/or 3) Council declares the building is a nuisance; AND WHEREAS Clifford Wade Ollenberger is the registered owner (the Owner ) of the property at st Street, Fort Nelson, BC British Columbia, PID # (the Property); AND WHEREAS the dwelling on the Property was severely damaged by fire on July 5 th, 2009, left vacant and partially open to the public and has not been repaired or demolished, despite NRRM staff s efforts to persuade the owner to take action; NOW THEREFORE, the Council of the Northern Rockies Regional Municipality, in open meeting assembled, resolves as follows: 1. THAT Council hereby considers that the dwelling located on the Property is in a hazardous condition, within the meaning of Section 73(2)(b) of the Community Charter in that it contravenes the building regulations for British Columbia and the Fort Nelson Building Bylaw No. 650 (the Building Bylaw). 2. THAT Council hereby considers that the dwelling on the Property is in and creates an unsafe condition within the meaning of Section 73(2)(a) of the Community Charter, as a result of the dwelling being insecure on numerous occasions over the past nine months, the building continuing to deteriorate and/or the buildings contravening the Building Bylaw. 3. THAT Council hereby declares that the dwelling on the Property is a nuisance, within the meaning of Section 74(2) of the Community Charter, as Council considers the dwelling on the Property to be so dilapidated and unclean as to be offensive to the community. Page 3 of 8

4 7. Reports/Bylaws/Policies 4. THAT Council hereby declares that the dwelling and the land around the dwelling is a nuisance, within the meaning of Section 74(2) of the Community Charter, as Council has received community complaints about the condition of the dwelling and the unsightliness of the Property. 5. THAT Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Community Charter that the Owner: (a) Board up all windows and secure the site, put up security fencing around the property, remove the back decking for safety reasons, and remove all unsightly vehicles from the property within two weeks of Council s reconsideration, and (b) Demolish the dwelling on the Property and remove all remnants of the demolished building no later than June 30 th, (c) Remove any filth, rubbish, discarded materials and accumulations of noxious weeds and remediate the property so that it is no longer unsightly as required under the Northern Rockies Regional Municipality Property Maintenance Bylaw, No. 12, THAT the Owner has exercised his right to request that Council reconsider the Remedial Action Requirement by attending the October 11 th, 2011 Regional Council meeting and making his specific requests of Council and Council has agreed to the terms stated under Section 5 of this Resolution. Administration Report #104/11 Re: Enhanced Public Communication Re: Planning Related Issues CM Cosman clarified for Council that the previously distributed communication pieces were being brought forward for formal approval of Council prior to public distribution. Several Councillors voiced their praises for the documents. Page 4 of 8

5 7. Reports/Bylaws/Policies RM RESOLUTION NO. 271/11 EGLINSKI/ROPER that the Home Based Business Guide, and the articles on Property Maintenance, Graffiti, and Building Permits, be endorsed and approved for distribution. Northern Rockies Regional Municipality Ticket Amendment Bylaw No. 61, 2011 RM RESOLUTION NO. 272/11 MCKEE/EGLINSKI that the Northern Rockies Regional Municipality Municipal Ticket Amendment Bylaw No be adopted. Northern Rockies Regional Municipality 2012 Tax Exemption Bylaw No. 62, 2011 Declaring a conflict of interest in the matter to follow, Councillor Roper left the meeting at 6:40pm and did not participate in discussion or decision on same. Reason for declaring said conflict is that he is the Phoenix Theatre manager. RM RESOLUTION NO. 273/ Tax Exemption Bylaw No. 62, 2011 be given first reading. RM RESOLUTION NO. 274/ Tax Exemption Bylaw No. 62, 2011 be given second reading. RM RESOLUTION NO. 275/ Tax Exemption Bylaw No. 62, 2011 be given third reading. Councillor Roper entered the meeting at 6:41pm and resumed his seat. Page 5 of 8

6 7. Reports/Bylaws/Policies Northern Rockies Regional Municipality Zoning Amendment Bylaw No. 63, 2011 RM RESOLUTION NO. 276/11 OSBOURNE/EGLINSKI that the Northern Rockies Regional Municipality Zoning Amendment Bylaw No. 63, 2011 be given third reading. RM RESOLUTION NO. 277/11 OSBOURNE/EGLINSKI that the Northern Rockies Regional Municipality Zoning Amendment Bylaw No. 63, 2011 be adopted. Northern Rockies Regional Municipality Official Community Plan Bylaw No. 64, 2011 Mayor Streeper briefly spoke to the importance of the Official Community Plan for the NRRM and thanked staff for their hard work on preparing such a comprehensive document. RM RESOLUTION NO. 278/11 Official Community Plan Bylaw No. 64, 2011 be given first reading. RM RESOLUTION NO. 279/11 Official Community Plan Bylaw No. 64, 2011 be given second reading. Administration Report # 109/11 Re: Fort Nelson Landfill Solid Waste Management Cost Recovery A brief discussion ensued regarding tipping fees at the Fort Nelson Landfill. Council inquired as to how the proposed tipping fees would compare with other jurisdictions; CAO McLean clarified that even with the proposed increase, NRRM tipping fees would be the lowest in the Province. He further reported that it would likely take some time for the Municipality to attract an agency to operate cardboard recycling. Page 6 of 8

7 7. Reports/Bylaws/Policies RM RESOLUTION NO. 280/11 EGLINSKI/MCKEE that: 1. That the tipping fees at the Fort Nelson Landfill be increased from the current levels of $15 - $25/T, to one tipping fee only of $35/T; 2. That the minimum tipping fee for small loads be left unchanged at $5/load and that this fee be increased appropriately when mandatory household garbage collection is implemented; 3. That a cardboard recycling program be reinstituted resulting in tipping fees being increased a further $5/T to $40/T of waste disposed to recover costs from cardboard recycling; 4. And further that diversion opportunities including green wood waste, recycling of metals, recycling of construction and demolition materials (including gypsum drywall) as well as facilitating more user friendly product stewardship programs be brought forward for Council s consideration for implementation. 8. Resolution to Move to a Closed Meeting 9. Temporary Adjournment 10. Recall to Order 11. Rise and Report RM RESOLUTION NO. 281/11 EGLINSKI/OSBOURNE that the meeting be closed pursuant to Section 90(1)(k) of the Community Charter The meeting was temporarily adjourned at 6:48 Mayor Streeper recalled meeting to order at 7:05 Mayor Streeper rose and reported the following resolution as recorded at the October 11, 2011 InCamera Regional Council Meeting: that the offer to purchase the 20 acre Truck Stop property at $220,000/acre for a total of $4.4 million be accepted. Mayor Streeper rose and reported the following resolution as recorded at the October 11, 2011 InCamera Personnel Regional Council Meeting: that an Airport Administration Manager position be implemented for the Northern Rockies Regional Municipality Airport and that recruitment for this position begin immediately. Page 7 of 8

8 12. Adjournment RM RESOLUTION NO. 282/11 OSBOURNE/MCKEE that the meeting be finally adjourned at 7:06 pm. CERTIFIED a true and correct copy of the October 11, 2011 Regional Council minutes. Mayor Bill Streeper Heather Cosman, Corporate Manager Adopted on: October 24, 2011 Page 8 of 8