050308 Regional Board Minutes - Regional District of North ...b. Lynn Keating - Development Permit...

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REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a REGULAR meeting of the REGIONAL DISTRICT BOARD held in the Board Room at the Regional District Office on TUESDAY, MARCH 8, 2005 Members: Director J. Oglow (Vice Chair) City of Armstrong Director D. Hackman District of Coldstream Director S. Phillips City of Enderby Director D. Leroux Village of Lumby Director W. Hansma Township of Spallumcheen Director S. Harvey City of Vernon (absent) Director D. Hall City of Vernon Director D. O’Keefe City of Vernon Director C. Kanester Electoral Area “B” Director S. Field (Chair) Electoral Area “C” (absent) Director R. Fairbairn Electoral Area “D” Director E. Foisy Electoral Area “E” Director J. Tuominen Electoral Area “F” Staff: B. Gagnon Chief Administrative Officer B. Reardon General Manager of Corporate, Legislative and Financial Services M. Stamhuis General Manager of Community and Infrastructure Services F. Levitt Senior Planner J. Anderson Deputy Corporate Officer Also Present: 1 media and approximately 20 in the public gallery PART 1 – CALL MEETING TO ORDER The Chair called the meeting to order at 2:05 p.m. PART 2 – APPROVAL OF AGENDA Moved by Director Hansma Seconded by Director Hall “That the regular agenda of the Regional Board of the Regional District of North Okanagan for March 8, 2005 BE APPROVED.” No. 82/05 CARRIED PART 3 – INTRODUCTION OF LATE ITEMS a. PART 12 – NEW AND UNFINISHED BUSINESS

Transcript of 050308 Regional Board Minutes - Regional District of North ...b. Lynn Keating - Development Permit...

Page 1: 050308 Regional Board Minutes - Regional District of North ...b. Lynn Keating - Development Permit Application (File 04-0984-B-DP) (see Part 9.a.i.) Mr. Nick Vlahos, appeared before

REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a REGULAR meeting of the REGIONAL DISTRICT BOARD held in the Board Room at the Regional District Office on TUESDAY, MARCH 8, 2005 Members: Director J. Oglow (Vice Chair) City of Armstrong

Director D. Hackman District of Coldstream Director S. Phillips City of Enderby Director D. Leroux Village of Lumby Director W. Hansma Township of Spallumcheen Director S. Harvey City of Vernon (absent)

Director D. Hall City of Vernon Director D. O’Keefe City of Vernon Director C. Kanester Electoral Area “B” Director S. Field (Chair) Electoral Area “C” (absent) Director R. Fairbairn Electoral Area “D” Director E. Foisy Electoral Area “E”

Director J. Tuominen Electoral Area “F” Staff: B. Gagnon Chief Administrative Officer B. Reardon General Manager of Corporate, Legislative and Financial Services M. Stamhuis General Manager of Community and Infrastructure Services F. Levitt Senior Planner J. Anderson Deputy Corporate Officer Also Present: 1 media and approximately 20 in the public gallery PART 1 – CALL MEETING TO ORDER The Chair called the meeting to order at 2:05 p.m. PART 2 – APPROVAL OF AGENDA Moved by Director Hansma Seconded by Director Hall “That the regular agenda of the Regional Board of the Regional District of North Okanagan for March 8, 2005 BE APPROVED.” No. 82/05 CARRIED PART 3 – INTRODUCTION OF LATE ITEMS a. PART 12 – NEW AND UNFINISHED BUSINESS

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Regional Board – Regular Meeting - 2 - March 8, 2005

f. Memorandum from Michael Stamhuis, General Manager of Community and Infrastructure Services – March 7, 2005 – Septage Treatment Facility – Request for Proposals for Custom Tanks

Moved by Director O’Keefe Seconded by Director Phillips “That the following items be added to the regular agenda of the Regional Board of the Regional District of North Okanagan for March 8, 2005 under Part 12 – New and Unfinished Business: f. Memorandum from Michael Stamhuis, General Manager of Community and Infrastructure

Services – March 7, 2005 – Septage Treatment Facility – Request for Proposals for Custom Tanks.”

No. 83/05 CARRIED PART 4 – ADOPTION OF MINUTES a. Regular Meeting – February 8, 2005 Moved by Director Hackman Seconded by Director Hansma

“That the Minutes of the February 8, 2005 regular meeting of the Regional Board BE ADOPTED as circulated.” No. 84/05 CARRIED

b. Public Hearing (Bylaw 2001) – February 8, 2005 Moved by Director Hackman Seconded by Director Hansma “That the Minutes of the February 8, 2005 Public Hearing (Bylaw 2001) BE ADOPTED as circulated.” No. 85/05 CARRIED

c. Delegated Public Hearing (Bylaw 1934) – February 26, 2005 Moved by Director Hackman Seconded by Director Hansma “That the Minutes of the February 26, 2005 Delegated Public Hearing (Bylaw 1934) BE ADOPTED as circulated.” No. 86/05 CARRIED

PART 5– PETITIONS AND DELEGATIONS a. Chair Brigitt Johnson, Air Quality Stakeholder Committee – Update on Air Quality

Action Plan Ms. Brigitt Johnson, Chair of the Air Quality Stakeholder Committee appeared before the

Board and advised that the alternate approval process for the Regional Air Quality Service Establishment Bylaw No. 1974, 2004 did not receive the Assent of the Electors in Electoral Areas “D” and “E”. She further advised that the contribution towards the function for Electoral Area “D” would have been $1,131 and for Electoral Area “E” would have been

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Regional Board – Regular Meeting - 3 - March 8, 2005

$328, for a total impact of roughly $1,400. Ms. Johnson noted that contributions from the remaining participants could remain unchanged.

Ms. Johnson stated that a public information meeting had been held in Lumby to address air

quality, but that the better part of the meeting had been taken up with the alternate approval process rather than with air quality issues.

Ms. Johnson was pleased to advise the Board that the Air Quality Action Plan was

substantially complete and that the Committee had met and endorsed the Plan with minor changes earlier in the day. She further advised that the Plan would be going to the Regional Services Committee on March 22, 2005, and then be forwarded on to the Regional Board.

Ms. Johnson noted that the Committee had been given the mandate to improve air quality,

and that the Committee had completed the Plan in a time frame of 8 to 10 meetings. She further noted that the Plan was based on a thorough review of the monitoring data from the various stations, emission inventories, letters and questionnaires received as input from the public.

Ms. Johnson stated that the Committee, after reviewing the data, had agreed that there was an

air quality problem in the North Okanagan and that they had made recommendations on three priority areas:

1. smoke (30 recommendations) with a priority because of health affects; 2. dust (19 recommendations); and 3. vehicle emissions (23 recommendations). Ms. Johnson noted that the Plan had an implementation section and the prioritized focus of

the Committee had been to achieve the biggest impact at the most reasonable cost. She further noted that there were negative health impacts from air pollution with the elderly and young populations more at risk. Ms. Johnson stated that poor air quality had a negative economic impact on the area and had a cost on tourism. She further stated that only three good days were recorded for the month of February and the rest of the month had fair or poor air quality.

Ms. Johnson advised that there was a real need to improve air quality and address air quality

issues for the betterment of the community. She further advised that air quality was a regional issue as the Airshed had no municipal boundaries. Ms. Johnson stated that the Committee had a lot of momentum with tremendous support from community groups and industry. She further stated that the Committee had a grant application in for a Clean-Air Day as Interior Health was looking directly at the correlation of emissions to health impacts. Ms. Johnson advised that the Committee had already received $55,000 in both cash and in-kind contributions.

In conclusion, Ms. Johnson stated that the perception for air quality was that it was everyone

else’s fault. She reiterated that everyone had to take responsibility on this issue as there was not one dominant source, but a cumulative effect from all sources. She requested the

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Regional Board to go forward with the Air Quality Action Plan and asked that the remaining partners in the function reconfirm their participation.

The Vice Chair asked if the smoke was caused primarily by open burning, to which

Ms. Johnson responded that the Committee had taken a broad approach because open burning was done by the agricultural community, residents, forestry, and the Committee also recognized that people used wood as a source of heat.

The Vice Chair asked if the Action Plan was regional even though some jurisdictions did not

contribute, to which Ms. Johnson replied that air quality was a regional issue. b. Lynn Keating - Development Permit Application (File 04-0984-B-DP) (see Part 9.a.i.)

Mr. Nick Vlahos, appeared before the Board on behalf of the applicant, Lynn Keating, and advised that he had attended a meeting of the Advisory Planning Commission “B” in the previous week and that the issue before the Regional Board was the Development Permit application. He further advised that the applicant’s plans were to replace the foundation of the existing octagonal structure as it now sat on a number of posts. Mr. Vlahos noted that enclosing the existing open space with a foundation would make the building more liveable as it would close off the area to small animals. Mr. Vlahos stated that the building currently sat too close to the natural boundary, but that the necessity for the application was because of the foundation, and the applicant wished to replace the roof and siding as well. Mr. Vlahos stated the history of the application started in January when the Development Services Department forwarded its positive recommendations to the applicant. He further stated that after the Advisory Planning Commission “B” had met and raised a number of concerns, the next recommendation from the Development Services Department was negative. Mr. Vlahos noted that septage was a concern, but that the applicant would upgrade to a modern sewage disposal system. He further noted that another concern was drainage, but that if the parking area was graded properly, and the roof sloped properly, this should not be a concern. Mr. Vlahos advised that the applicant is living in Calgary with teenage children and that he may retire here in the future and build on the 35 acre parcel, but that at the present time, the applicant only wanted to upgrade the existing 35 to 40 year old structure. He further advised that this proposal afforded the Regional District an opportunity to clean up some past problems, would provide the existing structure with a longer life span because of a new foundation, and would make it a more attractive summer residence. Mr. Vlahos stated that there was no intention to increase the envelope and that the structure would sit right where it was at the present time, but with a new foundation.

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Director Hansma noted that the one of the concerns with the application was the distance the structure was located from the natural boundary. Mr. Vlahos responded that the applicant was prepared to enter into a floodplain covenant. There was no one present to further speak to this application.

c. Elpis Enterprises Ltd. (Sang Kyun Kim) – Development Permit Application (File 05-0059-E-DP) (see Part 9.a.ii.) There was no one present to speak to this application. d. Robert and Jocelyne Dinwoodie – Agricultural Land Commission Act Application (File 05-0028-B-ALR) (see 9.b.i.) i. Robert and Jocelyne Dinwoodie – February 28, 2005 – File 05-0028-B-ALR

A letter had been received from Robert and Jocelyne Dinwoodie which requested that the Regional Board approve their application to subdivide in consideration of the following points:

a. The application conformed with all the policies set out in the Rural Vernon Official

Community Plan (OCP); and if these policies had been approved by the Board for the OCP, then applications meeting these criteria should be considered for approval.

b. It had been stated that the land had limited capability for agriculture due to terrain

constraints and soil conditions. As a professional agrologist working in the livestock industry, Mr. Dinwoodie questioned the agricultural value of many of these types of land and whether they would support more than a few hobby animals or those used to supply one’s own food needs. Subdivision of the land would not impact the current or future use for agriculture as it had been used to date.

c. The proposed subdivision would retain the land in the Agricultural Land Reserve and

would be used as Country Residential where grazing of livestock for one’s own needs would not be encumbered.

d. The proposed subdivision would have no effect on the adjacent lands’ agricultural

uses as most properties on the upper slopes of Swan Lake were being used for horse grazing with the level valley land to the east of Old Kamloops Road being used for hay production.

There was no one present to speak to this application. e. Donald Clark and Gunther Hintz – Agricultural Land Commission Act Application (File 05-0037-D-ALR) (see 9.b.ii.)

Mr. Eric Foster appeared before the Board on behalf of the applicants and stated that the applicants proposed to subdivide Lots 1 and 2, and that both parcels exceeded the minimum

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parcel size. He further stated that Advisory Planning Commission “D” had supported the application and that the applicants had removed timber on Lot 2 and prepared for 4-H crops and a two acre Christmas tree farm. Director Fairbairn asked if the circumstances were any different now than when they first applied in 1999, to which Mr. Foster responded that the owners of the property had changed. There was no one present to further speak to this application.

f. Peter Verhoeven – Agricultural Land Commission Act Application – File 04-1004-F-ALR (see 9.b.v.) i. Pete Verhoeven – February 28, 2005 – File 04-1004-F-ALR

A letter had been received from Peter Verhoeven which advised that there were currently six titles on the property and that he did not think that it was unreasonable to want to keep the six titles and it was his understanding that if land was purchased before 1972, parcels smaller than one hectare could be retained. He further advised that his property had been purchased in 1968. Mr. Verhoeven stated that he proposed that the lot boundaries of three of the parcels be moved to create three 2.5 acre lots by the golf course straddling the highway and including river frontage, taking only enough land from the farm to conform to building codes. He further stated that Parcel A could be attached to the farm and its boundaries moved to create Lot 5 on the most northerly side of the farm as Lot 5 would then include both houses and have enough land across the highway for a building site in the event something happened to one of the existing houses. Mr. Verhoeven noted that in order to retain six titles, he was willing to combine Lots 1 and 2 and have one large lot totalling approximately 160 acres instead of 100 acres and 60 acres. He further noted that having a panhandle on the southernmost edge of Lot 6, to access the landlocked 160 acres, was the best alternative. Mr. Verhoeven stated that the existing lane had its own title, and which cut through buildings, passed in front of the main house and divided the farm in half, but that it was not an access to the 160 acres. He further stated that during the summer it was necessary to lay sprinkler pipes across that land and that it would be unthinkable to allow people to use the lane for public access. Mr. Verhoeven advised that Land and Water BC had informed him that the crown land to the south of the 160 acres was part of the Enderby Cliffs Parkland and that a road could not be put through it. He further advised that an alternative would be for the government to extend Monk Road so the public had access to the Enderby Cliffs through the park, and if so, the panhandle he was applying for could be maintained as agricultural land because until this happened, he needed access to the 160 acres via the farm. There was no one present to speak to this application.

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Regional Board – Regular Meeting - 7 - March 8, 2005

g. Sonya Lobb – Rezoning Application (File 01-0123-F-RZ) (see 9.c.ii.) There was no one present to speak to this application. PART 6 – MATTERS ARISING FROM PETITIONS AND DELEGATIONS PART 7 –REPORTS Moved by Director Phillips Seconded by Director Hansma “That all Reports under Part 7 of the March 8, 2005 Regular Agenda of the Regional Board of the Regional District of North Okanagan BE RECEIVED for information.” No. 87/05 CARRIED a. Greater Vernon Services Commission – Regular Meeting – January 27, 2005 The Minutes of a regular meeting of the Greater Vernon Services Commission held on

January 27, 2005 were received for information. b. Grindrod Water Standing Committee – Regular Meeting – January 31, 2005 The Minutes of a regular meeting of the Grindrod Water Standing Committee held on

January 31, 2005 were received for information. c. Silver Star Technical Committee – Regular Meeting – February 1, 2005 i. Policy No. LU048 – Silver Star Design Panel Policy

“That as recommended by the Silver Star Technical Committee, Policy No. LU048 – Silver Star Design Panel be approved as follows:

A. Interpretation

A.1 Architectural Member means a member of the Architectural Institute of BC appointed as a member of the Design Panel while following the standards for procedures and conduct endorsed by the Council of the Institute.

A.2 General Manager means the Regional District’s General Manager of

Community and Infrastructure Services or delegate.

A.3 Official Community Plan means the Silver Star Official Community Plan Bylaw No. 1925, 2004.

A.4 Regional Board means the Board of Directors of the Regional District of North

Okanagan.

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A.5 Silver Star refers to the resort community of Silver Star Mountain BC located in Electoral Area ‘C’ of the Regional District of North Okanagan and for the purpose of this Policy, the geographic area of Silver Star is outlined on Schedule ‘A’ of the Official Community Plan.

A.6 Ski Resort Corporation refers to the corporation which owns an agreement with

the Province of BC for the operation and development of the resort at Silver Star.

B. Establishment and Appointments

B.1 There is hereby established a Design Panel (the ‘Panel’) for Silver Star. B.2 Design Panel members must serve without remuneration but may be paid

reasonable and necessary expenses that arise directly out of the performance of their duties. Reimbursement for such claims will be paid at the end of the calendar year unless otherwise specified by resolution of the Panel.

B.3 The Panel shall consist of five members as follows: 1 one representative for the Ski Resort Corporation;

2 one representative for the community of Silver Star with design or land use planning knowledge; and

3. three general members with design or land use planning knowledge; where

the qualifications concerning design and land use planning knowledge will be determined by the Regional Board on each appointment on an individual basis.

B.4 At least two Panel members should be residents, employees, property owners

or commercial establishment operators at Silver Star. B.5 A member of the Design Panel may also serve as an Architectural Member as

defined in this policy. B.6 With the exception of the member from the Ski Resort Corporation, the

Regional District will advertise in the local media and in the community of Silver Star, as appropriate, for persons interested in being a member of the Panel to submit their name to the Regional District for possible appointment. Alternatively or in addition, Regional District Directors and Employees may contact individuals to suggest that they let their name stand for possible appointment to the Panel.

B.7 The Ski Resort Corporation shall submit their recommendation for their

member to the Design Panel for consideration by the Regional Board and

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Regional Board – Regular Meeting - 9 - March 8, 2005

where the Corporation has not submitted a recommendation, the Regional Board may substitute a replacement member.

B.8 Design Panel members shall be appointed by resolution of the Regional

Board. The Regional Board Director for Electoral Area ‘C’ in consideration of all names submitted pursuant to Sections B.6 and B.7 above, shall submit to the Regional Board a recommendation for appointments to the Panel.

B.9 Regional Board Directors and Employees of the Regional District are not

eligible to be a member of the Panel but may attend meetings in a resource capacity and for general discussions with the Panel.

B.10 The term of each member of the Panel will extend until a resignation is

submitted to the Regional District; or the Regional Board terminates a member; or a replacement member is appointed by the Regional Board.

B.11 Except for reasons of illness or with leave of the Panel, a member who is

absent from three consecutive meetings of the Panel, or five in any twelve consecutive meetings, is deemed to have resigned effective at the end of the third or fifth such meeting, as the case may be.

C. Executive C.1 The Chair shall be a member of the Panel and shall be elected by its members

at the first meeting of every calendar year and shall remain in the position of Chair while a member of the Panel and until an alternative Chair is elected.

C.2 The duties of the Chair are to call, in a timely manner, meetings to consider

matters referred to the Panel for consideration and to preside over meetings. C.3 The Chair shall appoint a Vice-Chair who shall remain in that capacity until

an alternative Vice-Chair is appointed. The appointment of a Vice-Chair is not effective until the Regional District is notified by the Chair.

C.4 The duties of the Vice-Chair are to sit and act in the capacity as Chair in the

event of the Chair’s absence and in such circumstances, all authority vested in the Chair by this Policy may be undertaken by the Vice-Chair.

C.5 The Panel may appoint a member as Secretary or may request the Regional

District provide secretarial services. C.6 The duties of the Secretary are to record meeting minutes and/or

recommendations and forward the record of these deliberations to the Regional District in a timely manner. In addition, the Secretary may perform such other secretarial duties as may from time to time be required by the Panel.

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Regional Board – Regular Meeting - 10 - March 8, 2005

D. Meetings D.1 The Design Panel may by resolution, set regular meeting dates and time; that

may be changed by resolution and with notification to the Regional District. If there is no business to transact, the Chair may cancel a meeting.

D.2 An extra-ordinary meeting may be called by the Chair, the General Manager

or the Regional Board Director for Electoral Area ‘C’ by providing 24 hours advance notice.

D.3 In extra-ordinary circumstances and in consultation with the General

Manager, a phone conference-meeting may be called and conducted in a manner that is deemed acceptable by the Chair.

D.4 A valid quorum of the Design Panel shall be three members. Where a quorum

is not present at a meeting or available for a phone conference-meeting, the Design Panel shall not conduct business or provide recommendations to the Regional District.

D.5 A vote, including the vote of the Chair, shall be disposed of in the negative

where there is a tie vote. D.6 “Roberts Rules of Order” shall apply where there is a question of procedure

at a meeting of the Design Panel. D.7 The minutes of a meeting of the Design Panel including a phone conference-

meeting as outlined in Section D.3, should contain the following information: 1. time and place at which the meeting took place; 2. a list of members and other persons present at the meeting; 3. the name of the Chair presiding at the meeting; 4. advice or recommendations of the Design Panel or other resolutions considered by the Panel; and 5. a signature line for the Chair and Secretary of the meeting. D.8 The Design Panel may establish further rules of procedure not inconsistent

with this Policy for the better performance of its functions. E. Public Attendance and Submissions E.1 All meetings of the Design Panel are open to the public. General public

delegations are not to be entertained by the Panel and similarly, public petitions, correspondence and other submissions not already available in the file are not to be considered. Only on-file information or submissions from the General Manger should be considered by the Panel in their deliberations; except as provided in Section E.2.

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Regional Board – Regular Meeting - 11 - March 8, 2005

E.2 The owner of land, or their agent, that is the subject of an application to the Regional District and being considered by the Design Panel is entitled to attend meetings of the Panel, circulate information and be heard pursuant to the subject matter.

F. Duties of the Design Panel F.1 The Design Panel will provide advice and recommendations as may be

appropriate, to the General Manager on all matters referred to the Panel. Where a file is referred to the Regional Board for consideration, the Design Panel’s recommendations shall be included in the General Manger’s report to the Regional Board.

F.2 The duties of the Design Panel specifically relate to Development Permit

applications referred to the Panel for consideration with a recommendation(s) to the General Manager pursuant to the ‘form and character’ of new developments as outlined in Sections J.3.1 through J.3.11 of the Official Community Plan with consideration of the general administrative policies outlined in Sections J.1.1 through J.1.3 of the Plan.

F.3 The Regional Board may request recommendations or comments from the

Design Panel any matter considered of sufficient importance to warrant their review.

F.4 Except for the unique position held by the member representing the Ski Resort

Corporation, where a member of the Design Panel or the member’s family, employer or business associate has any conflict of interest with any matter being considered by the Panel, that member shall absent himself/herself from all aspects of that consideration.”

No. 88/05 CARRIED d. Air Quality Stakeholders Committee – Regular Meeting – February 14, 2005

The Minutes of a regular meeting of the Air Quality Stakeholders Committee held on February 14, 2005 were received for information.

e. Electoral Area Directors Committee – Regular Meeting – February 22, 2005

The Minutes of a regular meeting of the Electoral Area Directors Committee held on February 22, 2005 were received for information.

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Regional Board – Regular Meeting - 12 - March 8, 2005

f. Regional Services Committee – Regular Meeting – February 22, 2005 i. Memorandum dated February 8, 2005 from the Manager of Solid Waste – Proposed

Fee Schedule This item was dealt with under Part 11 – Bylaws and Resolutions on Page 26. g. Parcel Tax Review Committee – February 24, 2005

The minutes of a meeting of the Parcel Tax Review Committee held on February 24, 2005 were received for information.

h. Vernon Search and Rescue Group Society – Chairman’s Report 2004

The 2004 Chairman’s Report from the Vernon Search and Rescue Group Society were received for information.

i. Dog Control Reports i. Enderby – 3rd Quarter – July, August, September 2004

The Enderby Dog Control Report for the third quarter of 2004 was received for information.

ii. Enderby – 2004 Year End Report

The Enderby Dog Control Report for the 2004 year end was received for information. iii. Greater Vernon – 3rd Quarter – July, August, September 2004

The Greater Vernon Dog Control Report for the third quarter of 2004 was received for information.

iv. Greater Vernon – 4th Quarter – October, November, December, 2004

The Greater Vernon Dog Control Report for the fourth quarter of 2004 was received for information.

v. Greater Vernon – 2004 Year End Report

The Greater Vernon Dog Control Report for 2004 year end was received for information. j. Building Inspection Report – January, 2005 The Building Inspection Report for January, 2005 was received for information.

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PART 8 – BUILDING MATTERS PART 9 – PLANNING MATTERS

a. Development Permit Applications i. Lynn Keating – 1001 Cosens Bay Road – Electoral Area “B”

Section 3, Township 9, Part W 1/2 of NE 1/4, except Plan 25606, ODYD (File 04-0984-B-DP)

Proposed Use: Reconstruct the foundation and roof of an existing “cottage” located on the subject property, as well as replacing the siding and decking materials

Moved by Director Kanester Seconded by Director Tuominen “That it be recommended that the proposed variances NOT BE supported by the

Regional Board, but that a Development Permit BE ISSUED to Lynn Keating to relocate and reconstruct the existing single family dwelling (cottage) on Section 3, Township 9, Part W 1/2 of NE 1/4, except Plan 25606, ODYD, 1001 Cosens Bay Road, Electoral Area “B”; and that it be further recommended that the Permit contain the following conditions:

4. Requirements, conditions, or standards applicable pursuant to Section 920 of the

Local Government Act: a. An environmental protection covenant shall be registered on the title of the

subject property as a condition precedent to the issuance of a building permit for the proposed relocation and renovation of an existing single family dwelling (cottage) that is located on the subject property. The covenant shall contain the following narrative:

"Covenant means this Agreement and all the terms, covenants, conditions and

restrictions herein contained consisting of Land Title Act Form C, Land Title Act Form D, Land Title Act Form E and this Part 2 all forming part of this document.

High Water Mark (HWM) means the high water mark or water level in

Kalamalka Lake that is reached during annual flood events, as indicated by the presence of soil subject to regular inundation and/or vegetation that, due to the frequent presence of water, is distinctly different from the vegetation of adjacent upland areas.

Mean Annual High Water Mark (MAHWM) means the geodetic elevation of

391.21 metres on Kalamalka Lake.

Natural Boundary means the visible high watermark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual and so long continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream, or other body of water a character distinct from

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Regional Board – Regular Meeting - 14 - March 8, 2005

that of the banks thereof, in respect to vegetation, as well as in respect to the nature of the soil itself, as defined in Section 1 of the Land Act, and also includes the edge of dormant side channels of any lake, river, stream, or other body of water.

Natural Vegetation means all native trees, shrubs, bushes, ground cover,

vegetation or any other form of plant life.

Stream means a natural watercourse or source of water supply, whether usually containing water or not, ground water, and a lake, river, creek, spring, ravine, swamp and gulch. For the purposes of this document, the definition of stream includes all watercourses that may be considered to be fish habitat, including channelized streams and ditches.

2. The Covenantor covenants and agrees with each Covenantee that: With Respect to Environmental Protection: (a) no Natural Vegetation shall be removed or degraded within a horizontal

distance of 15 metres from the Natural Boundary of Kalamalka Lake and areas offshore of the Natural Boundary of Kalamalka Lake nor shall any development occur which will preclude growth of Natural Vegetation except with the written authorization of Fisheries and Oceans Canada and the Ministry of Water, Land and Air Protection; and

(b) no dumping, landfills, or other form of vegetation removal shall be

permitted to occur within the area described in 2(a) unless otherwise noted in this Covenant; and

(c) no building or structure, fencing or any part thereof, including any fixed

equipment or modular home shall be constructed, reconstructed, moved, extended or located, nor shall any landfill, land clearing or other disturbance take place within a horizontal distance of 15 metres from the Natural Boundary of Kalamalka Lake; and

(d) the Covenantor shall ensure that any clearing and/or excavation or fill

done on the subject property shall be completed in such a manner as to ensure that sediment, concrete washwater, leachates or any other substance of any type that may be deleterious to aquatic life shall not be deposited into Kalamalka Lake via ditches, storm sewers or overland flow, and the Covenantor shall further ensure that all construction and excavation wastes, overburden, soil or any other substances that may be deleterious to aquatic life shall be disposed of or placed in such a manner as to prevent their entry into any stream, water course or storm sewer system.”

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Regional Board – Regular Meeting - 15 - March 8, 2005

b. The Covenantor shall, at the expense of the Covenantor, register a priority agreement against the title of the subject lands, giving the above covenants priority over any financial charges registered against the property.

c. A storm water management plan shall be prepared by a professional engineer to

provide for the control of run-off from the areas around the single family dwelling “cottage” that will be disturbed during and after the period of relocation and reconstruction of the residence. Storm water outlet facilities shall not be installed directly into Kalamalka Lake or into a tributary watercourse, drainage ditch or gully except where a stormwater renovation system is being implemented.

The General Manager of Community and Infrastructure Services for the Regional

District must approve the stormwater management plan as a condition precedent to the issuance of a building permit for the proposed seasonal single family dwelling renovations.

d. A domestic water system shall be installed to provide adequate quantities of

potable water for the proposed development and this water system shall meet the requirements of the appropriate Federal and Provincial agencies. If a water intake is required into Kalamalka Lake then the plans for said construction must be submitted to the Department of Fisheries and Oceans for their comments prior to construction.

e. A means of sewage disposal shall be installed to provide an adequate method for

the disposal of sewage effluent and where a Sewage Disposal Permit has been refused by the Interior Health Authority or the Ministry of Water, Land and Air Protection, on-site sewage disposal shall be refused and the Regional Board may, notwithstanding other provisions in this permit, grant the use of holding tanks under the provisions of the "Regional District of North Okanagan Holding Tank Sewage Disposal Bylaw No. 671, 1985".

f. Planting of native trees and/or shrub species at 1.5-m grid spacing is to be

conducted on the subject property to restore the area disturbed by the relocation and reconstruction of the existing residence. All planted trees and/or shrubs are to be two year old rooted stock and of good quality to provide optimum survival, growth and development for the site. The restoration works must be carried out to the satisfaction of the Senior Planner as a condition precedent to the issuance of an occupancy permit for the residence.

g. All site development practices should comply with the publication Land

Development Guidelines for the Protection of Aquatic Habitat as a minimum standard of care for works in and around watercourses. This document can be viewed online at http://www-heb.pac.dfo-mpo.gc.ca/english/publications/

PDF/guidelines/ldg.pdf. Furthermore, no works are to take place below the natural boundary of Kalamalka Lake, including construction or replacement of retaining walls, waterline installations or replacement, excavation, deposition of

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Regional Board – Regular Meeting - 16 - March 8, 2005

fill material, construction of improvements, or any other activity which may impact upon fish habitat, without obtaining prior written comment from Fisheries and Oceans Canada.

h. The newly constructed access driveway to the existing residence must be graded

and reseeded with native grasses to the satisfaction of the Senior Planner.” No. 89/05 CARRIED ii. Elpis Enterprises Ltd. (Sang Kyun Kim) – 1193 Highway No. 6 – Electoral Area “E” Lot A, Section 30, Township 57, ODYD, Plan 7252 (File 05-0059-E-DP) Proposed Use: Propose to construct two additions to an existing store that is located on

the subject property Moved by Director Foisy Seconded by Director Kanester “That a Development Permit BE ISSUED to Elpis Enterprises Ltd. (Sang Kyun Kim) to

construct two additions to an existing store located on Lot A, Section 30, Township 57, ODYD, Plan 7252, 1193 Highway No. 6, Electoral Area “E”; and that it be further recommended that the Permit contain the following conditions:

3. Zoning Bylaw No. 1888, 2003 is hereby varied or supplemented as follows: a. Section 502.8. is varied by reducing the number of off-street parking spaces from

15 spaces to 13 spaces.

b. Section 502.9.a. is varied by reducing the required exterior side yard setback applicable to a 14’ x 29’ addition to the north side of the store from 4.5 metres from the property boundary abutting Sugar Lake Road to 3.9624 metres from said property boundary.

c. Sections 406 and 502.9.b. are varied by reducing the required front yard setback

applicable to a 16’ x 35’ addition to the east side of the store from 34.5 metres from the existing mean road centreline of Highway No. 6 to 8.8392 metres from the property boundary abutting Highway No. 6.

d. Section 502.10.c. is varied by waiving the requirement for a 7.5 metre landscaped

buffer strip along Highway No. 6 and for a 3 metre wide landscaped buffer strip along Sugar Lake Road. Upon completion of the additions however the owners shall provide additional tree and shrub planting to the north and east of the store to the satisfaction of the Electoral Area ‘E’ Director.

e. Section 1101.2.e is varied by waiving the requirement for paving the off-street

parking and loading spaces and access aisles. 4. Requirements, conditions, or standards applicable pursuant to Section 920 of the

Local Government Act:

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Regional Board – Regular Meeting - 17 - March 8, 2005

a. The form and character of the proposed development shall be as shown on Schedule ‘A’ attached to and forming part of the permit.”

No. 90/05 CARRIED

b. Agricultural Land Commission Applications i. Robert and Jocelyne Dinwoodie – 7488 Old Kamloops Road – Electoral Area “B” Lot 25, Plan 336, Section 22, Township 8, ODYD (File 05-0028-B-ALR)

Proposed Use: Country Residential subdivision Moved by Director Kanester Seconded by Director Foisy “That the application of Robert and Jocelyne Dinwoodie to subdivide Lot 25, Plan 336, Section 22, Township 8, ODYD, 7488 Old Kamloops Road, Electoral Area “B” BE AUTHORIZED for submission to the Provincial Agricultural Land Commission under Section 21(2) of the Agricultural Land Commission Act.” No. 91/05 CARRIED

ii. Donald Clark and Gunther Hintz – 49 Hurt Road – Electoral Area “D” DL 1293, ODYD, except Plans 18618, 23520, 24026, 25791, and KAP52564 (File 05-0037-D-ALR) Proposed Use: Road severance subdivision

Moved by Director Kanester Seconded by Director Foisy “That the application of Donald Clark and Gunther Hintz to subdivide DL 1293, ODYD, except Plans 18618, 23520, 24026, 25791, and KAP52564, 49 Hurt Road, Electoral Area “D” BE AUTHORIZED for submission to the Provincial Agricultural Land Commission under Section 21(2) of the Agricultural Land Commission Act.” No. 92/05 CARRIED

iii. Chris Borden – 2423 and 2427 Highway No. 6 – Electoral Area “D” That part of DL 235 shown outlined in red on Plan B4707, ODYD, except

Plan 38674 (File 05-0038-D-ALR) Proposed Use: Country Residential subdivision

Moved by Director Hansma Seconded by Director Fairbairn “That the application of Chris Borden to subdivide that part of DL 235 shown outlined in red on Plan B4707, ODYD, except Plan 38674, 2423 and 2427 Highway No. 6, Electoral Area “D” BE AUTHORIZED for submission to the Provincial Agricultural Land Commission under Section 21(2) of the Agricultural Land Commission Act; and that it be further recommended that the proposed subdivision lot configuration not be supported as it does not offer public road access to all proposed lots.” No. 93/05 CARRIED

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iv. Peter Vander Sar / Michael Hovey – 254 Rosemond Lake Road – Electoral Area “F” That portion of the South 1/2 of the North 1/2 of Section 16, Township 20, Range 8,

W6M, KDYD, which lies to the West of the Spallumcheen River, except that portion thereof coloured red on Plan R170

(File 05-0053-B-ALR) Proposed Use: One lot subdivision

Moved by Director Tuominen Seconded by Director Fairbairn “That the application of Peter Vander Sar and Michael Hovey to subdivide that portion

of the South 1/2 of the North 1/2 of Section 16, Township 20, Range 8, W6M, KDYD, which lies to the West of the Spallumcheen River, except that portion thereof coloured red on Plan R170, 254 Rosemond Lake Road, Electoral Area “F” BE AUTHORIZED for submission to the Provincial Agricultural Land Commission under Section 21(2) of the Agricultural Land Commission Act.” No. 94/05 CARRIED

v. Peter Verhoeven and Gerrit Verhoeven (Deceased) – 7059, 7066 and 7076 Highway

No. 97A – Electoral Area “F” That part of DL 527 shown on Plan B594, KDYD, except: (A) Parcels A and B

on Plan B886 and (B) Plans B4273 and 2827; That part of DL 527 shown on Plan B4273, KDYD; The NW 1/4 of Section 20, Township 19, Range 8, W6M, KDYD as shown on the

Plan of the NW 1/4 of said Township dated at Ottawa, October 17, 1910 said to contain 160.30 acres more or less;

That part of DL 527 shown outlined red on Plan attached to DD 26193, KDYD; and

Parcels A and B (Plan B886) of DL 527, KDYD (File 04-1004-F-ALR) Proposed Use: Boundary adjustment subdivision Moved by Director Tuominen Seconded by Director Phillips

“That the application of Peter Verhoeven and Gerrit Verhoeven (Deceased) to subdivide

That part of DL 527 shown on Plan B594, KDYD, except: (A) Parcels A and B on Plan B886 and (B) Plans B4273 and 2827;

That part of DL 527 shown on Plan B4273, KDYD; The NW 1/4 of Section 20, Township 19, Range 8, W6M, KDYD as shown on the Plan

of the NW 1/4 of said Township dated at Ottawa, October 17, 1910 said to contain 160.30 acres more or less;

That part of DL 527 shown outlined red on Plan attached to DD 26193, KDYD; and Parcels A and B (Plan B886) of DL 527, KDYD

7059, 7066 and 7076 Highway No. 97A, Electoral Area “F” BE AUTHORIZED for

submission to the Provincial Agricultural Land Commission under Section 21(2) of the Agricultural Land Commission Act subject to the following:

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that the configuration of the proposed subdivision be amended as shown as the “Development Services Option” on the Development Services Department Information Sheet dated January 25, 2005;

that the ten percent minimum lot frontage requirement of Section 804.7 of Zoning Bylaw

No. 1888, 2003 be waived in this instance and the frontage be reduced from 303.5 metres to 22 metres for Proposed Lot 1; and that it be further recommended

that a letter dated February 28, 2005 and accompanying maps received from Peter Verhoeven be forwarded to the Provincial Agricultural Land Commission.” No. 95/05 CARRIED

c. Rezoning Applications i. Blake Hockey – 1321 Trinity Valley Road – Electoral Area “D” Lot 1, DL 1172, ODYD, Plan KAP76362 (File 05-0036-D-RZ) Proposed Use: Propose to rezone subject property from Large Holding Zone (L.H.) to

General Industrial Zone (I.2) to allow the property to be used for a Ministry of Forests registered scale yard; training site for Charles Bloom Forestry and Wood Manufacturing classes; and manufacturing site for Charles Bloom to process firewood

Moved by Director Fairbairn Seconded by Director Foisy “That the application of Blake Hockey to rezone Lot 1, DL 1172, ODYD,

Plan KAP76362, 1321 Trinity Valley Road, Electoral Area “D” from Large Holding Zone (L.H.) to General Industrial Zone (I.2) to allow the property to be used for a Ministry of Forests registered scale yard; training site for Charles Bloom Forestry and Wood Manufacturing classes; and manufacturing site for Charles Bloom to process firewood BE SUPPORTED in accordance with the provisions of the Electoral Areas “D” and “E” Official Community Plan and that staff be directed to provide for the preparation and processing of the requisite rezoning bylaw.”

No. 96/05 CARRIED ii. Sonya Lobb – 107 Hamley Road – Electoral Area “F” Lot A, Plan 68485, Section 36, Township 19, Range 9, W6M, KDYD (File 01-0123-F-RZ) Proposed Use: Country Residential Subdivision Moved by Director Tuominen Seconded by Director Foisy “That the application of Sonya Lobb to rezone Lot A, Plan 68485, Section 36,

Township 19, Range 9, W6M, KDYD, 107 Hamley Road, , Electoral Area “F” from Non-Urban Zone (N.U.) to Country Residential Zone (C.R.) to allow subdivision of the property BE SUPPORTED and that staff be directed to provide for the preparation and processing of the requisite rezoning bylaw.”

No. 97/05 CARRIED

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Regional Board – Regular Meeting - 20 - March 8, 2005

iii. Teresa Morgan – 5944 Ranch Road – Electoral Area “C” Lot 112, DL 340, ODYD, Plan 352 (File 04-0050-C-RZ) Proposed Use: One lot Country Residential subdivision Moved by Director Fairbairn Seconded by Director Tuominen “That the application of Teresa Morgan to rezone Lot 112, DL 340, ODYD, Plan 352,

5944 Ranch Road, Electoral Area “C” from Non-Urban Zone (N.U.) to Country Residential Zone (C.R.) to allow subdivision of the property BE SUPPORTED and that staff be directed to provide for the preparation and processing of the requisite rezoning bylaw.”

No. 98/05 CARRIED iv. Elpis Enterprises Ltd. (Sang Kyun Kim) – 1193 Highway No. 6 – Electoral Area “E” Lot A, Section 30, Township 57, ODYD, Plan 7252 (File 05-0096-E-RZ) Proposed Use: Propose to construct two additions to an existing store located on the

subject property and rezoning required to General Commercial Zone as this zone does not restrict the site of stores

Moved by Director Foisy Seconded by Director Kanester “That the application of Elpis Enterprises Ltd. (Sang Kyun Kim) to rezone Lot A,

Section 30, Township 57, ODYD, Plan 7252, 1193 Highway No. 6, Electoral Area “E” from Highway and Tourist Commercial Zone (C.2) to General Commercial Zone (C.1) to allow the construction of two additions to the existing store located on the subject property BE SUPPORTED in accordance with the provisions of the Electoral Areas “D” and “E” Official Community Plan and that staff be directed to provide for the preparation and processing of the requisite rezoning bylaw.”

No. 99/05 CARRIED d. Subdivision Applications i. B. J. Illingby – 8015 Silver Star Road – Electoral Area “C” Lot 2, Plan 23709, Section 20, Township 5, ODYD, except Plan KAP

(File 04-0921-C-SUB) Proposed Use: Boundary adjustment subdivision Moved by Director Tuominen Seconded by Director Kanester “That the application of B. J. Illingby for a boundary adjustment subdivision of Lot 2,

Plan 23709, Section 20, Township 5, ODYD, except Plan KAP , 8015 Silver Star Road, Electoral Area “C” be received; and further that the ten percent minimum lot frontage requirement of Section 802.7 of Zoning Bylaw

No. 1888, 2003 be waived and the frontage be reduced from 89.6 metres to 69.2 metres for proposed Lot 2, Plan 23709, Section 20, Township 5, ODYD, except Plan KAP .”

No. 100/05 CARRIED

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Regional Board – Regular Meeting - 21 - March 8, 2005

ii. Larry Callens – 7655 and 7703 Highway No. 97A – Electoral Area “F” Lot A, Plan 39448, Plan B3751 and Plan B3860, DL 2348, Section 4, Township 20,

Range 8, W6M, KDYD (File 04-0059-F-SUB) Proposed Use: Boundary Adjustment Subdivision Moved by Director Tuominen Seconded by Director Fairbairn “That the application of Larry Callens for a boundary adjustment subdivision of Lot A,

Plan 39448, Plan B3751 and Plan B3860, DL 2348, Section 4, Township 20, Range 8, W6M, KDYD, 7655 and 7703 Highway No. 97A, Electoral Area “F” be received; and further

that the ten percent minimum lot frontage requirement of Section 803.7 of Zoning Bylaw

No. 1888, 2003 be waived and the frontage be reduced from 285.5 metres to 277.6 metres for proposed Lot A.”

No. 101/05 CARRIED PART 10 – CORRESPONDENCE a. Creston Valley Wildlife Management Area – January 18, 2005 – Sponsorship in

support of Walkway Replacement Campaign Director Hansma encouraged all Regional Board Directors to send a contribution to this

worthwhile project. Moved by Director Phillips Seconded by Director Leroux “That correspondence received from the Creston Valley Wildlife Management Area dated

January 18, 2005 requesting sponsorship in support of their walkway replacement campaign BE RECEIVED for information.”

No. 102/05 CARRIED PART 11 – BYLAWS AND RESOLUTIONS a. Bylaw 1934 – Electoral Area “F” Official Community Plan Designation Bylaw No. 1934,

2004 Purpose: A bylaw of the Regional District of North Okanagan to adopt an Official

Community Plan for Electoral Area “F” i. Verbal Report from Director Tuominen – Delegated Public Hearing – February 26, 2005

Director Tuominen thanked the Senior Planner and the Senior Planning Technologist for all of the hard work during the year in progress for the Official Community Plan. She noted that the advertisements were excellent in that people understood them and she applauded the effort of staff.

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Regional Board – Regular Meeting - 22 - March 8, 2005

Director Tuominen thanked Director Fairbairn for his support in attending the Delegated Public Hearing, as well as staff that attended. She noted that one of the issues that were brought forward during the Hearing were agricultural concerns with respect to pasture and fencing. She further noted that the second issue was brought forward by the dairymen regarding the covenants on their property. Director Tuominen advised that she had met with them on three different occasions, as well as once with the Senior Planner, and they had been encouraged to attend the Public hearing and have their concerns recorded.

ii. Bylaw 1934 – Electoral Area “F” Official Community Plan Designation Bylaw No. 1934,

2004

Moved by Director Tuominen Seconded by Director Fairbairn “That Bylaw 1934, being the Electoral Area “F” Official Community Plan Designation Bylaw No. 1934, 2004, be given THIRD Reading.”

No. 103/05 CARRIED

b. Bylaw 1974 – Regional Air Quality Service Establishment Bylaw No. 1974, 2004 Purpose: To establish the service of Regional Air Quality for the Township of Spallumcheen, City of Armstrong, City of Vernon, District of Coldstream, Village of Lumby, and all of Electoral Areas “B”, “C”, “D”, and “E” i. Memorandum from Brian Reardon, General Manager of Corporate, Legislative and

Financial Services – March 1, 2005 – Regional Air Quality Bylaw No. 1974, 2004 a. Certification of Sufficiency – Alternate Approval Process – Regional Air Quality

Service Establishment Bylaw No. 1974, 2004

Moved by Director Leroux Seconded by Director Hansma “That the Certification of Sufficiency with respect to Air Quality Service

Establishment Bylaw No. 1974, 2004 BE RECEIVED for information.” No. 104/04 CARRIED ii. Bylaw 1974 – Regional Air Quality Service Establishment Bylaw No. 1974, 2004 Moved by Director Leroux Seconded by Director Hansma

“That three readings given to Bylaw No. 1974, being Regional Air Quality Service Establishment Bylaw No. 1974, 2004 by Resolution No. 564/04 on December 7, 2004 be rescinded; and further

that the Regional Board direct the Air Quality Stakeholders Committee to finalize the Air Quality Action Plan and bring it forward to the next Regional Board Meeting to be held on April 5, 2005; and further

that it be recommended that the remaining participants being the Township of Spallumcheen, City of Armstrong, City of Vernon , District of Coldstream, Village of

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Regional Board – Regular Meeting - 23 - March 8, 2005

Lumby and all of Electoral Areas “B” and “C” reconfirm their commitments to establish the Air Quality Service at already agreed to participant funding levels for 2005; and further

that subject to confirmation of commitment from the Director for Electoral Area “C”, the Regional Board direct staff to prepare a new Air Quality Service Establishment Bylaw to be considered for three readings at the regular meeting of the Regional Board to be held on April 5, 2005.”

No. 105/05 CARRIED Discussion ensued with respect to the general public being more informed. It was suggested that perhaps a referendum could be held in Electoral Areas “D” and “E”, but the Directors for these two areas indicated that that option would be premature.

c. Bylaw 1975 – Rural Vernon Official Community Plan Amendment Bylaw No. 1975, 2004 (Christoph and Gabriela Friedlos)

Purpose: A bylaw to amend the Rural Vernon Official Community Plan Designation Bylaw No. 1708, 2003 by designating an existing 520 square metre building that is located on Lot 5, Section 36, Township 9, ODYD, Plan 29670, 880 Galiano Road, Electoral Area “C” as a Temporary Industrial Use Area

i. Development Services Department Information Report dated March 1, 2005 ii. Bylaw 1975 – Rural Vernon Official Community Plan Amendment Bylaw No. 1975,

2004 (Christoph and Gabriela Friedlos)

Moved by Director Tuominen Seconded by Director Kanester “That two readings given to Bylaw No. 1975, being Rural Vernon Official Community

Plan Amendment Bylaw No. 1975, 2004 (Christoph and Gabriela Friedlos) by Resolution No. 477/04 on October 5, 2004 be rescinded.”

No. 106/05 CARRIED

d. Bylaw 1988 – Rezoning Bylaw No. 1988, 2004 (Wolfgang Ohse) Purpose: A bylaw to rezone that part of the SW 1/4 of Section 17, Township 5, ODYD,

except Plans KAP53344 and KAP73919 and Part of the SE 1/4 and SW 1/4 of Section 17, Township 5, ODYD, except Plan KAP53344, (T) 5755, (T) 5780, and (T) 5835 Hartnell Road, Electoral Area “C” from Large Holding Zone (L.H.) to Country Residential Zone (C.R.)

i. Development Services Department Information Report dated March 1, 2005 ii. Bylaw No. 1988 – Rezoning Bylaw No. 1988, 2004 (Wolfgang Ohse) Moved by Director Tuominen Seconded by Director Fairbairn

“That Bylaw 1988, being Rezoning Bylaw No. 1988, 2004 (Wolfgang Ohse), be given THIRD Reading.”

No. 107/05 CARRIED

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Regional Board – Regular Meeting - 24 - March 8, 2005

e. Bylaw 1996 – O’Keefe Ranch Service Establishment Bylaw No. 1996, 2004 Purpose: A bylaw to establish a local service for the purpose of providing the O’Keefe

Ranch facilities and programs to residents of and tourist in the North Okanagan i. Memorandum from Brian Reardon, General Manager of Corporate, Legislative and

Financial Services – March 1, 2005 – O’Keefe Ranch Service Establishment Bylaw No. 1996, 2004

a. Certification of Sufficiency – Alternative Approval Process – O’Keefe Ranch Service

Establishment Bylaw No. 1996, 2004

Moved by Director O’Keefe Seconded by Director Hackman “That the Certification of Sufficiency with respect to O’Keefe Ranch Service

Establishment Bylaw No. 1996, 2004 BE RECEIVED for information.” No. 108/04 CARRIED Directors Kanester, Fairbairn and Tuominen opposed ii. Bylaw 1996 – O’Keefe Ranch Service Establishment Bylaw No. 1996, 2004 Moved by Director O’Keefe Seconded by Director Hackman

“That Bylaw 1996, being O’Keefe Ranch Service Establishment Bylaw No. 1996, 2004, be reconsidered and ADOPTED; and further that the Regional Board Chair and Corporate Officer be authorized to prepare and execute an agreement with the City of Vernon to transfer ownership of the O’Keefe Ranch to the Regional District with a reverter clause transferring ownership back to the City of Vernon should the service participation be amended to such an extent that the service becomes unviable.”

No. 109/05 CARRIED Directors Kanester, Fairbairn and Tuominen opposed Discussion ensued with respect to this function no longer being a truly regional function,

and that participants should not be dragged into the function. f. Bylaw 2000 – Rezoning Bylaw No. 2000, 2004 (Joseph Hamm) Purpose: A bylaw to rezone that part of the North 1/2 of the SW 1/4 and the South 1/2 of

the NW 1/4 of Section 29, Township 5, ODYD, except Plans 27708, 34647 and 37892, 7940 Aspen Road, Electoral Area “C” from Non-Urban Zone (N.U.) to Country Residential Zone (C.R.)

i. Development Services Department Information Report dated February 21, 2005

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Regional Board – Regular Meeting - 25 - March 8, 2005

ii. Bylaw 2000 – Rezoning Bylaw No. 2000, 2004 (Joseph Hamm) Moved by Director Tuominen Seconded by Director Fairbairn “That two readings given to Bylaw No. 2000, being Rezoning Bylaw No. 2000, 2004

(Joseph Hamm) by Resolution No. 20/05 on January 11, 2005 be rescinded.” No. 110/05 CARRIED

g. Bylaw 2002 – Dog Control Bylaw No. 2002, 2005 Purpose: A bylaw to regulate the keeping of dogs, provide for fixing, imposing, and

collecting license fees, and establishing and regulating a dog pound i. Memorandum from Brian Reardon, General Manager of Corporate, Legislative and

Financial Services – March 1, 2005 – Dog Control Bylaw No. 2002, 2005 ii. Bylaw 2002 – Dog Control Bylaw No. 2002, 2005 Moved by Director Leroux Seconded by Director Phillips

“That Bylaw 2002, being Dog Control Bylaw No. 2002, 2005, be given first, second, and THIRD Readings.”

No. 111/05 CARRIED Moved by Director Leroux Seconded by Director Phillips

“That Bylaw 2002, being Dog Control Bylaw No. 2002, 2005, be reconsidered and ADOPTED; and further that the Regional Board support and approve the 2005 Dog Licensing Action Plan.”

No. 112/05 CARRIED h. Bylaw 2010 – Rezoning Bylaw No. 2010, 2005 (Blake Hockey) Purpose: A bylaw to rezone Lot 1, DL 1172, ODYD, Plan KAP76362, 1321 Trinity Valley

Road, Electoral Area “D” from Large Holding Zone (L.H.) to General Industrial Zone (I.2) Moved by Director Fairbairn Seconded by Director Foisy

“That Bylaw 2010, being Rezoning Bylaw No. 2010, 2005 (Blake Hockey), be given first and SECOND Readings.”

No. 113/05 CARRIED i. Bylaw 2011 – Rezoning Bylaw No. 2011, 2005 (Sonya Lobb) Purpose: A bylaw to rezone Lot A, Section 36, Township 19, Range 9, W6M, KDYD,

Plan KAP68485, 107 Hamley Road, Electoral Area “F” from Non-Urban Zone (N.U.) to Country Residential Zone (C.R.)

Moved by Director Tuominen Seconded by Director Fairbairn

“That Bylaw 2011, being Rezoning Bylaw No. 2011, 2005 (Sonya Lobb), be given first and SECOND Readings.”

No. 114/05 CARRIED

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Regional Board – Regular Meeting - 26 - March 8, 2005

j. Bylaw 2012 – Regional District of North Okanagan Zoning Amendment Bylaw No. 2012, 2005

Purpose: A bylaw to amend the text of Zoning Bylaw No. 1888, 2003 i. Memorandum from Fred Levitt, Senior Planner – March 1, 2005 – Proposed Amendment

to Zoning Bylaw No. 1888, 2003 ii. Bylaw 2012 – Regional District of North Okanagan Zoning Amendment Bylaw

No. 2012, 2005 Moved by Director Fairbairn Seconded by Director Kanester

“That Bylaw 2012, being Regional District of North Okanagan Zoning Amendment Bylaw No. 2012, 2005, be given THIRD Reading.”

No. 115/05 CARRIED k. Bylaw 2013 – Rezoning Bylaw No. 2013, 2005 (Teresa Morgan) Purpose: A bylaw to rezone Lot 112, DL 340, ODYD, Plan 352, 5944 Ranch Road,

Electoral Area “C” from Non-Urban Zone (N.U.) to Country Residential Zone (C.R.) Moved by Director Tuominen Seconded by Director Kanester

“That Bylaw 2013, being Rezoning Bylaw No. 2013, 2005 (Teresa Morgan), be given first and SECOND Readings.”

No. 116/05 CARRIED l. Bylaw 2014 – Rezoning Bylaw No. 2014, 2005 (Elpis Enterprises Ltd.) Purpose: A bylaw to rezone Lot A, Section 30, Township 57, ODYD, Plan 7252,

1193 Highway No. 6, Electoral Area “E” from Highway and Tourist Commercial Zone (C.2) to General Commercial Zone (C.1)

Moved by Director Foisy Seconded by Director Kanester

“That Bylaw 2014, being Rezoning Bylaw No. 2014, 2005 (Elpis Enterprises Ltd.), be given first and SECOND Readings.”

No. 117/05 CARRIED m. Bylaw 2015 – Solid Waste Recycling and Disposal Fee Bylaw No. 2015, 2005 Purpose: A bylaw to set fees for the recycling and disposal of solid waste at Regional

District of North Okanagan Recycling and Disposal Facilities i. Memorandum from Jody Anderson, Deputy Corporate Officer – March 1, 2005 – Solid

Waste Recycling and Disposal Fee Bylaw No. 2015, 2005 ii. Solid Waste Recycling and Disposal Fee Bylaw No. 2015, 2005 Moved by Director Hansma Seconded by Director O’Keefe

“That Bylaw 2015, being Solid Waste Recycling and Disposal Fee Bylaw No. 2015, 2005, be given first, second, and THIRD Readings.”

No. 118/05 CARRIED Director Tuominen opposed

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Moved by Director Hansma Seconded by Director O’Keefe “That Bylaw 2015, being Solid Waste Recycling and Disposal Fee Bylaw No. 2015, 2005, be reconsidered and ADOPTED.” No. 119/05 CARRIED Director Tuominen opposed

n. Bylaw 2016 – Parcel Tax Assessment Roll Preparation Bylaw No. 2016, 2005 Purpose: A bylaw to provide for the preparation of parcel tax assessment rolls in Regional

District of North Okanagan service areas subject to parcel taxes i. Memorandum from Brian Reardon, General Manager of Corporate, Legislative and

Financial Services – March 1, 2005 – Parcel Tax Assessment Roll Preparation Bylaw No. 2016, 2005

ii Bylaw 2016 – Parcel Tax Assessment Roll Preparation Bylaw No. 2016, 2005 Moved by Director Hansma Seconded by Director Leroux

“That Bylaw 2016, being Parcel Tax Assessment Roll Preparation Bylaw No. 2016, 2005, be given first, second, and THIRD Readings.”

No. 120/05 CARRIED Director O’Keefe opposed Moved by Director Hansma Seconded by Director Leroux

“That Bylaw 2002, being Parcel Tax Assessment Roll Preparation Bylaw No. 2016, 2005, be reconsidered and ADOPTED.” No. 121/05 CARRIED Director O’Keefe opposed

o. Bylaw 2018 – Municipal Ticket Information Authorization Amendment Bylaw

No. 2018, 2005 Purpose: A bylaw to amend the Municipal Ticket Information Authorization Bylaw i. Memorandum from Jody Anderson, Deputy Corporate Officer – March 2, 2005 –

Municipal Ticket Information Authorization Amendment Bylaw No. 2018, 2005 ii. Municipal Ticket Information Authorization Amendment Bylaw No. 2018, 2005 Moved by Director Phillips Seconded by Director Hackman

“That Bylaw 2018 being Municipal Ticket Information Authorization Amendment Bylaw No. 2018, 2005, be given first, second, and THIRD Readings.”

No. 122/05 CARRIED Moved by Director Phillips Seconded by Director Hackman

That Bylaw 2018 being Municipal Ticket Information Authorization Amendment Bylaw No. 2018, 2005, be reconsidered and ADOPTED.” No. 123/05 CARRIED

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p. Bylaw 2019 – Open Burning – Fire Regulation Bylaw No. 2019, 2005 Purpose: A bylaw to amend the Open Burning – Fire Regulation Bylaw No. 1915, 2004

which regulates open burning, in order to reduce or eliminate the incidence of uncontrolled fires and the nuisance caused by the emission of smoke, in the fire protection areas of Electoral Areas “B” and “C”

i. Memorandum from Brian Reardon, General Manager of Corporate, Legislative and

Financial Services – March 1, 2005 – Open Burning – Fire Regulation Bylaw No. 2019, 2005

ii. Bylaw 2019 – Open Burning – Fire Regulation Bylaw No 2019, 2005 Moved by Director Kanester Seconded by Director Hackman

“That Bylaw 2019, being Open Burning – Fire Regulation Bylaw No. 2019, 2005, be given first, second, and THIRD Readings.”

No. 124/05 CARRIED Moved by Director Kanester Seconded by Director Hackman

That Bylaw 2019 being Open Burning – Fire Regulation Bylaw No. 2019, 2005, be reconsidered and ADOPTED.” No. 125/05 CARRIED

q. Bylaw 2020 – Silver Star Mountain Fire Sprinkler Bylaw No. 2020, 2005 Purpose: A bylaw to amend the Silver Star Mountain Fire Sprinkler Bylaw No. 1841, 2003

to provide for an exemption to the fire safety control measures within the fire limits around the community of Silver Star Mountain

i. Memorandum from Jody Anderson, Deputy Corporate Officer – March 2, 2005 – Silver

Star Mountain Fire Sprinkler Bylaw No. 2020, 2005 ii. Memorandum from Jack Borden, Chair, Silver Star Services Committee – March 3, 2005

– Silver Star Sprinkler Bylaw – Proposed Amendment iii. Bylaw 2020 – Silver Star Mountain Fire Sprinkler Bylaw No. 2020, 2005 Moved by Director Hansma Seconded by Director Hall

“That Bylaw 2020, being Silver Star Mountain Fire Sprinkler Bylaw No. 2020, 2005, be DEFERRED to the next regular meeting of the Regional Board.”

No. 126/05 CARRIED

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PART 12 – NEW AND UNFINISHED BUSINESS a. Memorandum from Alan Harris, Chief Financial Officer – February 28, 2005 –

2005 Financial Plans for General Government and Area 1 Animal Control Moved by Director Hansma Seconded by Director Hackman

“That the 010 – General Government and 150 – Area 1 Animal Control 2005 Financial Plans BE RECEIVED for information.”

No. 127/05 CARRIED b. Resolution – Set date for Special Regional Board Meeting – Five Year Financial Plan Moved by Director Hansma Seconded by Director Phillips

“That a Special Meeting of the Regional Board be held on Tuesday, March 15, 2005 at 2:00 p.m. to discuss the Five Year Financial Plan.”

No. 128/05 CARRIED c. Memorandum from Jody Anderson, Deputy Corporate Officer – March 2, 2005 –

Greater Vernon Museum and Archives Board Moved by Director Hackman Seconded by Director O’Keefe

“That as recommended by the Greater Vernon Services Commission, Terry Lodge, Donna Hall, and Ken Barton be appointed to the Greater Vernon Museum and Archives Board for a two-year term expiring December 31, 2006.”

No. 129/05 CARRIED d. Memorandum from Jody Anderson, Deputy Corporate Officer – March 2, 2005 – Local

Calling Area Expansion Moved by Director Hansma Seconded by Director Fairbairn

“That the memorandum from Jody Anderson, Deputy Corporate Officer dated March 2, 2005 with respect to local calling area expansion BE RECEIVED for information.”

No. 130/05 CARRIED e. Memo from Brian Reardon, General Manager of Corporate, Legislative and Financial

Services – March 1, 2005 – Regional Board Meeting Highlights Column Moved by Director Hackman Seconded by Director Hansma

“That the Regional Board approve the placement of information ads in local newspapers that provide area residents with the highlights of the monthly Regional Board meetings.”

No. 131/05 CARRIED

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f. Memorandum from Michael Stamhuis, General Manager of Community and Infrastructure Services – March 7, 2005 – Septage Treatment Facility – Request for Proposals for Custom Tanks

Moved by Director Hansma Seconded by Director Hackman

“That it be recommended that the Regional District of North Okanagan enter into a contract with Chemposite Inc. for the supply of fibre-reinforced plastic tanks for the Septage Treatment Facility at a cost of $122,341, plus taxes.” No. 132/05 CARRIED

The meeting broke for a recess at 3:38 p.m. and reconvened at 3:46 p.m. PART 13 – IN-CAMERA a. Resolution to convene In Camera Meeting of the Regional Board Moved by Director Kanester Seconded by Director Foisy

“That the regular meeting of the Regional Board convene In Camera to deal with matters deemed closed to the public in accordance with Section 92 of the Community Charter, namely: i. Greater Vernon Services Commission – In Camera – January 27, 2005.”

No. 133/05 CARRIED The regular meeting of the Regional Board adjourned to meet “In Camera” at 3:46 p.m. The regular meeting of the Regional Board reconvened at 4:21 p.m. PART 14 – MATTERS ARISING FROM IN CAMERA MEETING PART 15 – ADJOURNMENT There being no further business, the meeting was adjourned at 4:21 p.m. Certified Correct: Chair Corporate Officer