Regular Council Meeting April 28, 2008
Posted by admin in : Fernie , add a comment1) Kodiak Lounge Liquor Licence Final Resolution Delayed
After hearing the views of the applicant and residents by way of written comments and a hearing held during the April 28th Regular Council meeting, Council determined that it will not draft a final resolution on the matter of the Kodiak Lounge’s (Raging Elk Hostel) 112-seat Liquor Primary Licence Application to the Liquor Control and Licensing Branch (LCLB) commenting on the application until the May 12th Committee of the Whole meeting.
Approximately 20 interested citizens showed up for the public hearing. Approximately 35 written submissions were also received by Council – some for and some against the proposed lounge.
Once Council has provided its comments on the application in the form of a detailed resolution to the LCLB, the LCLB will then consider the entire Kodiak Lounge application including Council’s resolution, before deciding whether or not the licence will be issued.
2) Judo Club Lease Approved
The City of Fernie intends to enter into a lease agreement with Mr. Fred Gietz of the Fernie Judo Club for training space in the basement of the curling rink. The Club has agreed to lease the space directly from the City of Fernie for $100 per month for a 7-month period ending October 14, 2008. After that time the Curling Club will have the ability to sub-lease directly to the Judo Club. Prior to signing the lease Council will post public notice of this intended disposition of property as required by the Community Charter.
3) Brickhouse Licensed Patio Application Proceeds
The Brickhouse located at 401 2nd Avenue has applied to the Liquor Control and Licensing Branch (LCLB) for the addition of a 13-seat outdoor patio to be located at the front of the building on the sidewalk along 2nd Avenue.
Council is moving the application forward and will provide its comments to the LCLB on the proposed change after gathering the views of residents and considering the potential for noise and the impact on the community.
If approved, the patio would operate from 11:30 a.m. until 10:30 p.m. during the May 1st to October 14th period each year. A removable 40-inch high railing perimeter enclosing the patio would be temporarily in place during this time period each year.
Public notice of the Brickhouse’s proposal will be given and a hearing on the proposed change will take place at a June 2, 2008 Special Council meeting.
4) Agreement to Purchase BC Hydro Building Approved
Council approved the Agreement of Purchase and Sale of the BC Hydro Building located at 491 2nd Avenue in the amount of $450,000. Acquisition of the building has been a long-standing goal of City Council. The intended purpose of the purchase is to provide a permanent home for the museum and downtown visitor information centre as well as provide some commercial rental space on the second floor to help offset costs. The next major step in the acquisition process is for Council to adopt a bylaw that authorizes expenditure of the necessary funds from the land development reserve fund. It is expected the purchase of the building will be complete by September 15, 2008.
5) Financial Bylaws Given Three Readings
The following five finance-related bylaws were all given first, second and third reading by Council:
Land Development Reserve Fund Expenditure Bylaw No. 27 (Bylaw No. 2069)
If adopted, this bylaw will authorize the expenditure of $460,000 (includes $10,000 legal fees) from the Land Development Reserve Fund for the purchase in fee simple of the property located at 491 2nd Ave which is commonly known as the Heritage Hydro building.
2008-2012 Five Year Financial Plan Bylaw Council held a Special Meeting of Council earlier in the evening to allow a final opportunity for public input on the proposed Five Year Financial Plan, Bylaw No. 2070 cited as the 2008–2012 Five Year Financial Plan Bylaw No. 2070. The Bylaw was given three readings at the Regular Council meeting. It represents a culmination of the annual budgeting process that began in November, 2007. The revenues and expenditures summarized in the Bylaw are the result of a consultative process involving the public, elected officials and city staff. The Bylaw is an important tool for managing City finances.
2008 Tax Rates Bylaw No. 2071
The 2008 Tax Rates Bylaw No. 2071 increases the municipal tax rate by 4.4% over 2007. A 1.0% increase to the municipal tax rate generates additional revenue of $32,400 to fund budgeted expenditures and reserve contributions and results in the average single family residential dwelling paying an additional $10.03 in municipal property tax.
Sewer Treatment Plant Loan Authorization Bylaw No. 2072
This Bylaw will provide for the borrowing of up to $1.3m for Phase 2 of the Sewer Treatment Plant Expansion. It includes a $300,000 contingency to provide for the possibility of the tender process resulting in bids that exceed budget due to the escalation of construction costs. The 2008 Sewer Capital Plan budgeted $1.5m for completion of this phase of the project. The Bylaw must now receive approval by the Inspector of Municipalities and then elector approval before Council can consider its adoption. After this complex municipal borrowing process is complete, the Municipal Finance Authority receives notification of the approval and instructions to include the borrowing in either their Spring or Fall debt issue. The maximum term for which debentures may be issued to secure the debt created by the Bylaw is 20 years.
Northwest Water Reservoir Loan Authorization Bylaw No. 2073, 2008
The 2008-2012 Financial Plan includes a budget of $2.54m to enable construction of the Northwest Water Reservoir near the City’s Fairy Creek water source. The Water Supply and Storage Study suggested that the long term yield of the watershed is not sufficient to provide adequate fire flow or peak hour demand under all situations. This Bylaw will provide for the borrowing of up to $3m and follows the same approval process as Sewer Treatment Plant Loan Authorization Bylaw No. 2072.
6) Land Reserve Fund Expenditure Bylaw Adopted
Land Development Reserve Fund Expenditure Bylaw No. 26 (Bylaw No. 2067) which authorizes $99,000 to be taken from the fund for the purchase of land was adopted by Council. The money will be used to purchase two 30 X 94 foot side by side vacant lots located at 431 and 441 1st Avenue. The City has no immediate plans for the land but due to their location in the downtown core they may be considered for public parking or some other use that future demand may dictate.
7) Tax Sharing Agreement Bylaw Adopted
After receiving the first three readings at the April 14th Regular Council meeting, Elk Valley Property Tax Sharing Agreement Authorization Bylaw No. 2066, 2008 was adopted at a Special meeting of Council held April 17th. The Bylaw authorizes the City of Fernie to enter into the Elk Valley Property Tax Sharing Agreement with the the Districts of Elkford and Sparwood and the Regional District of East Kootenay’s (RDEK) Electoral Area “A”. The City of Fernie received $2.25 million in 2007 but will receive $2.6 million in 2008 under the new Agreement.
2007 Remuneration and Expense Schedule Approved
Council approved the 2007 Schedule of Remuneration and Expenses and the 2007 Schedule of Suppliers of Goods or Services. The Financial Information Act requires that within 6 months of the end of the year a corporation must prepare a statement of financial information that includes employee earnings if they exceed a prescribed amount, the total of all remuneration paid to all other employees, the amount paid to suppliers if they exceed a prescribed amount and a total of all other payments made to all other supplier during the fiscal year. The accompanying staff report and schedules are public documents and are available to the public.
9) BCWF 2009 Convention in Fernie
Council received a letter from the East Kootenay Wildlife Association indicating that they have been asked to hold the 2009 BC Wildlife Federation Convention and Annual General meeting in Fernie in late April, 2009. The Fernie, Sparwood and Elkford Rod and Gun Clubs will be working together to host the event. Their request of Council is for use of the Arena, Community Centre and possibly the Curling Rink as well. The letter noted that the event was successfully held in Fernie in 2002 in part due to the generous assistance of the City of Fernie by making these facilities available to the non-profit group at reduced rates. Council referred the matter to staff who will report back with a recommendation on the request.
10) Heritage Cemetery Committee Supported
Council received a letter of request from the Fernie Heritage Cemetery Restoration Committee for a letter of support from City Council as the Committee endeavours to secure grant funding for operating and capital costs for restoring and upgrading the cemetery. The group listed a number of local organizations, including the City of Fernie, who have offered their support in the past. Council agreed to provide the Committee with a letter of support.
Regular Council Meeting April 14, 2008
Posted by admin in : Fernie , add a comment1) 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) #181 which applies to the property located at 522 – 11th Avenue. No verbal or written comments from the public were received.
Due to the irregular shape of the lot with its 30 foot front parcel line along 5th Street and 66 foot rear parcel line, the variance to the minimum side yard setback on 11th Avenue and the rear yard setback adjacent to the property located at 542 11th Avenue was requested to allow an adequately sized building envelope on the lot for the proposed dwelling. The single family dwelling will be sited towards the wider north side of the lot. The proposed side yard setback will mimic the setbacks of other buildings along 11th Avenue to the north.
2) DMO Funds Released
The Fernie Destination Marketing Organization (DMO) was registered as a non-profit society on November 30, 2007 and has commenced operation. City Council budgeted seed funding to the Fernie DMO in the amount of $50,000 in each of the years 2007, 2008 and 2009 in its Five Year Financial Plan.
The Fernie DMO was incorporated to execute cost-effective, strategic marketing initiatives promoting Fernie and the surrounding area as a premier resort and recreational destination and will be an important contributor to the further growth and development of Fernie’s tourism economy.
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. To date, the City has paid $99,145.14 in expenses and received $56,196.42 in revenue from industry contributions and UBCM Community Tourism Funds (City and RDEK allocations) leaving a balance of $42,948.72 to be repaid to the City. On March 28th the Fernie DMO submitted an invoice requesting the City’s 2007 and 2008 seed funding contributions (totaling $100,000) less outstanding expenses. Council approved payment of the DMO invoice in the amount of $57,051.28.
3) Fernie Hotel Liquor Licence Application Proceeds
The Fernie Hotel has applied to the Liquor Control and Licensing Branch (LCLB) for two changes to their Liquor Primary Licence. One of the changes is to increase the interior person capacity from 160 to 173 while the other change is for the addition of a 36-seat outdoor patio on the north side of the building.
The City of Fernie now has the opportunity to provide its comments to the LCLB on the proposed changes. The next stage in the application process is for the City to conduct a site and community assessment of the proposed liquor licence changes. The City will now begin the process of gathering the views of residents and considering the potential for noise and the impact on the community.
Public notice of the Fernie Hotel’s proposals will be given and a public hearing on the proposed changes is tentatively scheduled to take place at the May 26, 2008 Regular Council meeting.
4) Boundary Adjustment Process Proceeding
On April 7, 2008 the City received notification from the Ministry of Community Services stating that a certified Council resolution asking the Minister to implement the requested boundary extension of 159.9 acres of land owned by Tembec Industries Inc. to the south of the City along Cokato Road was required to allow the annexation process to continue.
The notification also stated that a second certified Council resolution was required in order to allow the removal of 311.1 acres of land from City boundaries in the southeast corner of the City from a portion of the same parcel owned by Tembec, to proceed.
Council passed a resolution requesting the Minister to extend the boundary as requested and further, to reduce the boundary as requested noting that all public notice and other legal requirements contained in sections 20 and 26 of the Local Government Act (Act) have been met.
The Ministry indicated that once a copy of the certified Council resolution has been submitted, the letters patent and other required documentation would be prepared. It is anticipated that the boundary amendment proposals will proceed to Cabinet for consideration by June 30, 2008.
5) Council’s Comments on CBM Finalized
In a letter to the City of Fernie dated February 20, 2008, the Ministry of Energy, Mines and Petroleum Resources requested the City’s comments by April 21, 2008 on a proposal by BP Canada Energy Company and Elk Valley Coal Partnership to obtain petroleum and natural gas rights for the exploration of coalbed methane (CBM) gas in the Crowsnest Coalfield.
After hearing from the community on the matter at a public meeting held April 7, 2008 at the Community Centre and through the submission of written comments, Council formed its comments by way of a resolution which it will submit to the Ministry of Energy, Mines and Petroleum Resources and the Premier’s Office.
The resolution acknowledges, amongst other things, that the people of Fernie have expressed their overwhelming objection to the granting of tenure to BP Canada for the exploration of Coal Bed Methane, that BP Canada has failed to demonstrate a willingness to work with the community in a transparent manner, there are considerable unknowns with respect to the impacts on the environment, the economy and the human community of the Elk Valley and that the Canadian Society for Unconventional Gas has indicated that Coal Bed Gas development has never been conducted in a rugged, mountainous, geologically fractured environment such as the Crowsnest Coalfield.
Council’s resolution further states that the City of Fernie feels that Coal Bed Gas development is inconsistent with the leadership position of the Province with respect to the environment and climate change and will impact the Fernie area’s ability to grow the tourism economy and support the Province’s stated objectives of doubling tourism revenue by 2015.
Council’s resolutin states that the City of Fernie expresses its opposition to the granting of tenure to BP Canada and that the Province of British Columbia be requested to deny tenure to BP Canada for the exploration of Coal Bed Methane in the Crowsnest Coalfield and that should the Province disregard the objections of the City of Fernie and its citizens, that BP Canada be instructed to consult with the City of Fernie and the citizens of Fernie and interested parties to agree to appropriate terms and conditions for all phases of Coal Bed Gas exploration and development in the Crowsnest Coalfield.
6) Tax Sharing Agreement Bylaw Read 3 Times
Council gave three readings to its Elk Valley Property Tax Sharing Agreement Authorization Bylaw No. 2066, 2008. The Bylaw will authorize the City of Fernie to enter into the Elk Valley Property Tax Sharing Agreement with the Elk Valley Coal Corporation. The Districts of Elkford, Sparwood and the Regional District of East Kootenay’s (RDEK) Electoral Area “A” have also agreed to the terms of the new Agreement.
The new Agreement replaces the Elk Valley Industrial Tax Base Sharing Agreement which was entered into in 1982 and provided revenue to the above-noted local governments. Under the former agreement the amount of revenue provided was frozen in 1991 until 2007. The City of Fernie received $2.25 million in 2007 but will receive $2.6 million in 2008 under the new Agreement.
The new Agreement also includes an inflation adjustment factor that will increase taxes levied on Elk Valley mines which will ensure that the property tax revenue contributed to the Parties to the Agreement will keep pace with other property class contributions and local government revenue requirements.
Furthermore, as a result of the new Agreement, Area “A” will contribute $80,000 annually of its share of the funds to the City of Fernie in recognition of municipal services provided by the City to Area “A” residents from 2008 through 2012. If the proposed revisions to the Fernie Rural Fire Protection agreement presently being negotiated with the RDEK are agreed upon, Area “A” will also contribute up to an additional $100,000 per year for five years to the City of Fernie for a water tender and expansion of the City of Fernie Fire Hall from its share of the Elk Valley Property Tax Sharing Agreement. The revised Fernie Rural Fire Protection agreement would provide fire protection services to Fernie Alpine Resort, West Fernie, Anderson Road and properties around and south of Vanlerberg Road and Cokato Road.
7) Council Requests BC Transit to use Biodiesel
Council is sending a letter to BC Transit requesting BC Transit to use Biodiesel fuel in vehicles operating as part of the Elk Valley Transit system. The District of Elkford recently made a similar request to BC Transit.
BCAS to be Invited to City of Fernie
In response to a letter to Council from the BC Ambulance Service (BCAS) regarding BCAS’s commitment to providing emergency services to the residents of Fernie, Council will invite Mr. Larry Jackson, Executive Director for the BCAS Interior Region to attend a meeting of Council or Committee of the Whole. Council is interested in having a discussion about the provision of ambulance service in Fernie and the Elk Valley.