MINUTES OF THE REGULAR MEETING OF COUNCIL HELD MONDAY, OCTOBER 24, 2005 AT 7:00 PM IN THE CITY HALL COUNCIL CHAMBERS
PRESENT: Mayor McRae, Councillors Chopra, Lord, Mealey, Patterson, Price and Solda
A. APPROVAL OF AGENDA (including introduction of late items)
Mealey/Patterson
That the agenda be adopted as circulated with the addition of the following late items: H. 5 “Council Remuneration and Expenses Bylaw, Amendment No. 2, Bylaw No. 4608” and I. 4 a letter from Mr. & Mrs. Marvin Akland of Barclay Estate.
Carried
B. ADOPTION OF MINUTES
Mealey/Solda
That the minutes of the October 11, 2005 Regular Council meeting be adopted as circulated.
Carried
C. DELEGATIONS
1. Communities in Bloom
Jacob Colyn and Mike Carter from Port Alberni's "Communities in Bloom" discussed the Community's rating this year and preparations for 2006.
2. The Mayor on behalf of the Fire Chief
Fire Commissioner's Office presented a commendation award to Mr.
Brent Wallin, who rescued his neighbour from a fire on July 14, 2005.
3. Alberni District Teachers' Union
Don Stevenson, President of the Alberni District Teachers' Union, requested that City Council consider passing a motion in support of the BC Teachers Federation.
Solda/Mealey
That the Council of the City of Port Alberni urge the Government of British Columbia to carry out the following actions in order to restore stability to, and improve the quality of, our public school system.
1) Initiate immediate improvements in the learning conditions of the students in the British Columbia public school system. This would involve setting firm class size limits and establishing workable class composition language.
2) Restore full, freely bargained, collective agreements in the British Columbia public school system, including the right to strike, if necessary.
3) Negotiate fair salary increases with the teachers in the British Columbia public school systems.
Carried
D. PROCLAMATIONS
1. Alberni Mall
Chopra/Solda
That the letter dated October 11, 2005 requesting that November 28 to
December 2, 2005 be proclaimed as "Alberni Mall Light Up the Night
Week" in Port Alberni, and that the Mayor officiate the annual "Light Up the Night" ceremony on Friday, December 2, 2005 at 7:00 pm be received, and the week be proclaimed as requested.
Carried
E. CORRESPONDENCE FOR ACTION
1. Alberni Valley Lions Club
Mealey/Patterson
That the copy of a letter dated October 12, 2005 to the Director of Parks and Recreation concerned about not being informed of the demolition of the Jim Rezac Bridge in Roger Creek Park, and requesting to be involved in the re-building of this bridge be received and Council concur with their request and provide a letter of appreciation for the Lions Club commitment to the project.
Carried
2. Neil Wilkinson, Salvation Army
Price/Solda
That the e-mail dated October 19, 2005 advising of a celebration service to mark the grand opening of their new church at 4841 Redford Street, and requesting permission from the City to hold an outdoor parade on Saturday, November 19, 2005 starting at 3:30 pm that will proceed from their current facilities on Argyle Street, accompanied by a Salvation Army brass band, north on 4th Avenue, crossing Redford Street and concluding at their new facilities at 4th Avenue and Redford Street, be received and Council concur with the request, subject to the Salvation Army being responsible for securing qualified traffic control at all intersections and providing liability insurance for the event.
Carried
3. Association of Vancouver Island Coastal Communities (AVICC)
Chopra/Mealey
That the memo dated October 12, 2005 advising that the District of Campbell River is requesting that the AVICC (Association of Vancouver Island Coastal Communities) Executive discuss the possibility of the Campbell River Indian Band becoming a member of AVICC, be received and Council support this request.
Carried
4 Port Alberni Lawn Bowling Club
Price/Solda
That the letter dated October 10, 2005 requesting the installation of street lights on the walkway along the west side of the green by the Lawn Bowling Club to make it safer for everyone who uses it, and attaching an update regarding vandalism at the Club, be received and Council direct staff to review possible options for addressing the problems.
Carried
F. INFORMATIONAL CORRESPONDENCE
1. Joint Family Court Committee
Letter dated October 11, 2005 providing the record of the 2005 Family Court-Youth Justice Conference held April 22 and 23, 2005 in Surrey.
2. City of Abashiri, Japan
Letter dated October 7, 2005 advising that two students from Abashiri will be joining host families in Port Alberni this year.
3. Ambassador of the Russian Federation
Fax dated October 12, 2005 wishing to extend gratitude for the warm reception of the Russian Crew of the Sail Training Ship "Pallada" when they were here for the Port Alberni Tall Ships Festival.
4. Municipal Finance Authority of British Columbia
Letter dated October 12, 2005 advising that the Municipal Finance Authority of BC (MFA) has solidified its borrowing costs at below those of the Province of Ontario with their Fall, 2005 debenture, and that every local government in British Columbia, regardless of size, now receives the lowest municipal borrowing rates in Canada.
5. Ministry of Children and Family Development
Letter dated October 6, 2005 advising that October, 2005 has been proclaimed as "Foster Family Month", "Community Living Month" and "Autism Awareness Month" in British Columbia, and suggesting that an invitation to attend a Council Meeting in October would support the public awareness and recognition these groups deserve.
6. Union of British Columbia Municipalities (UBCM)
Fax dated October 14, 2005 advising that funding provided by the Ministry of Forests and Range is available for Strategic Wildfire Protection Programs, a program that is to assist local governments in carrying out operational fuel treatment projects, including areas affected by Mountain Pine Beetle and lands that pose a threat to wildfire.
7. Union of British Columbia Municipalities (UBCM)
Fax dated October 7, 2005 of a Newsletter advising of Centennial Convention Announcements that were made during the UBCM Convention, particularly as they directly affect local governments, and also a Member Release giving a summary of the resolutions and position adopted at the recent 2005 UBCM Convention.
8. City of Coquitlam
Letter dated October 18, 2005 advising of a resolution passed at their Council Meeting held October 17, 2005 urging the provincial government to repeal Bill 12 and return to the negotiating table with the BC Teachers' Federation.
9. City of Campbell River
Copy of letter dated October 12, 2005 to Premier Gordon Campbell thanking him for the response to the City of Campbell River, District of North Cowichan, City of Port Alberni and District of Powell River's joint letter concerning the issue of action by the Province to limit the property taxation authority of municipalities in the major industrial category.
Mealey/Lord
That Informational Correspondence items numbered 1 through 9 be received and filed.
Carried
G. UNFINISHED BUSINESS
(From July 25, 2005 Regular Council Meeting)
1. Museum Director - Cultural Capitals of Canada Awards
Lord/Solda
That the report from the Museum Director recommending that a Committee be formed and projects be developed to meet the criteria of the cultural capitals program, for the March 15, 2006 deadline for the 2008 Award, be received and the recommendation endorsed.
Carried
(From October 11, 2005 Regular Council Meeting)
2. Director of Parks and Recreation - Government Agent's Building
(4711 Elizabeth Street)
Mealey/Patterson
That the report dated October 20, 2005 from the Director of Parks and Recreation providing costs and benefits of the Government Agent's building roof replacement in consideration of options for the future of the building and property, and recommending that:
a) We not proceed with the repairs to the roofs or other major
components;
b) We issue notice to sell the building and vacant lot; and
c) We advise British Columbia Building Corporation (BCBC) of our intentions to sell the building and offer them the first opportunity to purchase the building Property. (A statement will be included in the sales agreement that would offer the Government six months notice should the purchaser wish to cancel the lease agreement). be received and the recommendations endorsed.
Carried
H. BYLAWS
1. City Clerk - Verbal Report from the Public Hearing held at 6:00 pm
regarding Bylaw No.(s) 4605, 4606 and 4607
Lord/Chopra
That the verbal report of the Public Hearing held October 24, 2005 at 6:00 pm be received.
Carried
"Zoning Amendment No. 37 (3798 Meares Drive - Van Vliet), Bylaw No.
4605"
Lord/Chopra
That "Zoning Amendment No. 37 (3798 Meares Drive - Van Vliet), Bylaw No. 4605" be read a third time.
Carried
"Official Community Plan Amendment No. 34 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4606"
Lord/Chopra
That "Official Community Plan Amendment No. 34 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4606" be read a third time.
Carried
"Zoning Amendment No. 38 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4607"
Lord/Chopra
That "Zoning Amendment No. 38 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4607" be read a third time.
Carried
2. Permissive Tax Exemption Bylaw, 2005 First Amendment, Bylaw No. 4609
Mealey/Lord
That "Permissive Tax Exemption Bylaw, 2005 First Amendment, Bylaw No. 4609" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4609.
Carried
3. City Clerk - Report of the September 7, 2005 Public Hearing in Consideration of the Alberni Valley Bingo Association
Lord/Solda
That the report dated September 29, 2005 from the City Clerk including
the report of the Public Hearing held September 7, 2005, be received.
Carried
A. “Official Community Plan Amendment No. 32 (4890 Cherry Creek Road - Alberni Valley Bingo Association) Bylaw No. 4595”
Lord/Patterson
That "Official Community Plan Amendment No. 32 (4890 Cherry Creek Road - Alberni Valley Bingo Association), Bylaw No. 4595" be read a third time.
Carried
Lord/Mealey
That "Official Community Plan Amendment No. 32 (4890 Cherry Creek Road - Alberni Valley Bingo Association), Bylaw No. 4595" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4595.
Carried
B. “Zoning Text Amendment No. T21 (Gaming Centre) Bylaw No. 4596”
Lord/Solda
That "Zoning Text Amendment No. T21 (Gaming Centre), Bylaw No. 4596" be read a third time.
Carried
Lord/Patterson
That "Zoning Text Amendment No. T21 (Gaming Centre), Bylaw No. 4596" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4596.
Carried
C. “Zoning Amendment No. 34 (4890 Cherry Creek Road - Alberni Valley Bingo Association) Bylaw No. 4597”
Lord/SoldaThat "Zoning Amendment No. 34 (4890 Cherry Creek Road - Alberni Valley Bingo Association), Bylaw No. 4597" be read a third time.
Carried
Lord/Chopra
That "Zoning Amendment No. 34 (4890 Cherry Creek Road - Alberni Valley Bingo Association), Bylaw No. 4597" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4597.
Carried
D. Relocation and Expansion of Gaming Facility Operations in the Community at 4890 Cherry Creek Road
Lord/Patterson
Whereas pursuant to the BC Gaming Control Act, the City of Port Alberni has consulted with First Nations and the Alberni-Clayoquot Regional District and has conducted a public hearing held September 7, 2005, to receive representations from the community, all in regard to the relocation of the Alberni Valley Bingo Association's Dob City Bingo facility from 3486 Third Avenue to 4890 Cherry Creek Road and to expand gaming opportunities within the community by providing 75 slot machines in a Community Gaming Facility; Therefore be it resolved that Council for the City of Port Alberni endorses the Alberni Valley Bingo Association's relocation of the Dob City Bingo to 4890 Cherry Creek Road and the establishment of a Community Gaming Facility at 4890 Cherry Creek Road containing up to 75 slot machine, subject to the provision that no Automated Teller Machines (ATM’s) be located on the premises.
Carried
4. "Long Term Capital Borrowing Bylaw (North Port Sewer Overflow
Abatement Stage Two), Bylaw No. 4601, 2005"
(Loan Authorization Borrowing Bylaw)
Chopra/Mealey
That "Long Term Capital Borrowing Bylaw (North Port Sewer Overflow
Abatement Stage Two), Bylaw No. 4601, 2005" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4601.
Carried
5. “Council Remuneration and Expenses Bylaw, Amendment No. 2, Bylaw No. 4608”
Lord/Price
That “Council Remuneration and Expenses Bylaw, Amendment No. 2, Bylaw No. 4608” be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal, and numbered 4608.
Carried
I. REPORTS
1. Accounts
Chopra/Mealey
That the certification of the Director of Finance dated October 24, 2005 be received and the cheques numbered 87293 to 87554 inclusive, in payment of accounts totalling $928,434.73 be approved.
Carried
2. RCMP
Solda/Patterson
That the monthly report from the OIC, Port Alberni providing information about departmental operations in September 2005, be received.
Carried
3. Museum
Patterson/Mealey
That the monthly report from the Museum Director providing information about departmental operations, be received.
Carried
4. City Planner - Development Variance Permits, 4200 10th Avenue
Price/Solda
That the report from the City Planner dated October 19, 2005 regarding proposed Development Variance Permit No. 52, including the October 24, 2005 correspondence from Mr. & Mrs. Marvin Akland of 4249 8th Avenue, be received and Council proceed with consideration of the Development Variance Permit.
Carried
An opportunity was provided for input from the public and the applicant.
Price/Solda
That Development Variance Permit No. 52 to vary Section 6.32.3 of Port Alberni Zoning Bylaw No. 4395 as follows:
Vary Section 6.32.3 of Zoning Bylaw No. 4395 - Bulk and Site Regulations - Rear Yard Setback - Vary the Rear Setback from 9 meters (29.5 ft) to 0 meters (0 ft) a variance of 9 meters (29.5ft) for the land legally described as Lot 1, District Lot 1, Alberni District, Plan 21224 except Plan 28593, be authorized by resolution of the City Council on October 24, 2005, be received.
Carried
5. City Clerk, October 11, 2005 Public Hearing Report
Lord/Patterson
That the report of the Public Hearing held October 11, 2005 be received and filed.
Carried
6. Director of Finance – Audit Committee Minutes
Chopra/Lord
That the minutes of the October 11, 2005 Audit Committee Meeting, September financial statements and the memo dated September 28, 2005 from the Director of Finance responding to questions arising from the September 12, 2005 Audit Committee Meeting, be received.
Carried
7. Director of Parks and Recreation - BC Hydro Library Agreement
Patterson/Mealey
That the report dated October 18, 2005 from the Director of Parks and Recreation attaching a Letter of Understanding received from BC Hydro with respect to the Right of Way changes required for the development of the new Library, be received.
Carried
Patterson/Mealey
That Council for the City of Port Alberni approve the recommendation to sign the Letter of Understanding dated October 5, 2005, with funds required to complete the necessary survey documents being allocated from the Land Reserve Account, be approved.
Carried
8. City Manager - Request to Host the Vancouver Island Local Government
Management Association (VILGMA) Fall 2006 Conference
Chopra/Mealey
That the report dated October 7, 2005 from the City Manager attaching a memo from the Deputy Director of Finance regarding a request to host the 2006 Fall Vancouver Island Local Government Management Association Conference in Port Alberni, and also requesting that Council waive any facility rental fees involved, be received and the recommendations approved.
Carried
9. City Planner - Land Use Contract on the Alberni Mall Property
Lord/Chopra
That the report dated October 19, 2005 from the City Planner, along with the letter from Port Alberni Retail Development Ltd. (Alberni Mall), regarding discharge of their Land Use Contract be received and the following 2 recommendations from the Planner be endorsed:
a) The City proceed with discharging "Land Use Contract G61073
registered on July 24, 1978 as amended by EF 22686 registered
February 27, 1992" on the Alberni Mall with Port Alberni Retail
Development Limit.
b) That the City proceed with the necessary process to rescind Land
Use Contract Bylaw No. 4, 1978, Land Use Contract No. 4,
Amendment Bylaw, 1980 and Land Use Contract No. 4,
Amendment Bylaw No. 2.
Carried
10. City Manager - Port Alberni Train Station Roof
Patterson/Mealey
That the report dated October 20, 2005 from the City Manager attaching a letter dated October 17, 2005 from the Western Vancouver Island Industrial Heritage Society (WVIIHS) requesting that the City cost share 50% of the cost of the roof replacement for the Port Alberni Train Station, be received, and that an amount up to a maximum of $10,000, be approved.
Carried
Patterson/Lord
That the City of Port Alberni renew the lease with the Western Vancouver Island Industrial Heritage Society (WVIIHS) for the operation of the Port Alberni Train Station, with the addition of providing maintenance for the building.
Carried
11. Mayor's Report
The Mayor reported on recent activities and matters of current interest.
Mealey/Patterson
That the Mayor’s report be received.
Carried
12. Councillors' Reports
The Councillors reported on recent activities related to their various portfolios.
Mealey/Patterson
That the Councillors’ reports be received.
Carried
J. QUESTION PERIOD
The public and the press were provided the opportunity to ask questions of the Mayor and Council. There were none.
K. OTHER COMPETENT BUSINESS
There was none.
L. ADJOURNMENT
Mealey/Patterson
That the meeting adjourn at 9:30 pm.
Carried
_______________________________ _____________________________
Mayor Clerk