Council Highlights

Regular Meeting of Council: January 8, 2008

In attendance: Mayor Caisley, Councillors Colledge, White, Hunter and Holmlund

Official minutes can be obtained for this meeting at Town Hall.

1. Call to Order: 5:00pm

2. Adoption of Minutes:

(a) Minutes of the Regular Meeting of December 19, 2007.-carried

(b) Minutes of the Special Meeting of December 27, 2007.-carried

(c) Minutes of the Special Meeting of January 2, 2008.-carried

3. Business arising from the minutes:

(a) Two Year Building Covenant on Lot K.

Moved to a general discussion-carried

Councillor Holmlund: Stated that Mr. Lonnie Miller, CAO, had told her offering the lot extensions is actually an illegal act, as it is prohibited under Section 25 of the Community Charter. She asked Mr. Miller if there were legal written documents, from the solicitors, to confirm the illegality of the extension. Mr. Miller said they were expecting the documents the next day.

(The Community Charter is on line at the following website)

Councillor Colledge: After trying to get more clarification on the Community Charter, she still has many questions and is not satisfied. She is still not ?convinced that taking the land back is the right ting to do?.

Councillor Hunter: Hunter is continuing to hold firm that he is making the decision not to grant the extension because Mayor and Council represent the voters, not the businesses.

Councillor White: White started by requesting help. He said, ?Help me Mr. Miller, I?m a little confused here. The wording in the covenant says there is an option to purchase. It does not say we shall, or we must..? Also, Councilor White requested clarification on the legality/illegality of motions and wording.

Requesting more clarification as to why it says, ?Council may exercise it?s option to purchase?. Does that mean they must exercise that option? Why is the word may there?

Mr. Miller explained the word ?may? is put into the clause for different reasons. He gave one example of land contamination and how they may choose not to exercise the option if the land had been contaminated.

Councillor White commented he would be ?willing to go to jail? if he votes for what is being called an illegal motion.

Mayor Caisley: Mayor Caisley reiterated the potential cost for taxpayers and potential lawsuits against Mayor and Council if they ?give an unfair benefit to a business?. He also explained that when the motion to extend the covenants on Lot K was carried, Mayor and Council was not aware that this would be an illegal motion. Continuing to emphasize potential legal ramifications, Mayor Caisley explained he would not vote for anything illegal and would not expect senior staff to act on it.

Councillor Hunter: ?I loathe this covenant? he stated. Hunter commented he did not like it when he was a just a resident and he likes it even less now. He said he feels the covenant was ?poorly considered? but he will ?follow the rules?.

Mayor Caisley: Commenting to Councillor White: ?It may be fine for you to go to jail, but it is not fine for others?. Councilor White apologized for the jail comment, saying he was perhaps out of line but this issue is an motional one. Councilor White concluded by saying he feels taking back the lots ?would be aggressive?.

Motioned and Carried to table item until there is further clarification and written documentation, from the solicitors, that offering the extension would be an illegal act under the Community Charter.

(b) Two Year Building Covenant on Lot 1 &3.

Motioned and Carried to table item until there is further clarification and written documentation, from the solicitors, that offering the extensions would be an illegal act under the Community Charter.

4. Petitions and Delegations: none

5. Correspondence:

(a) UBCM, Regarding: 2007 Resolutions

A letter from Yonatan Lew, Office of the Secretary to the Governor General, was sent to Ms. Susan Gimse of the UBCM, and then forwarded to Tumbler Ridge.

The letter thanks Tumbler Ridge for their continued support of Canadian troops serving overseas after Tumbler Ridge?s resolution to ?take any action deemed appropriate to note out admiration and support for all of the men and women now serving with the Canadian Forces? presented to the 2007 UBCM conference was endorsed.

Item received for information.

(b) UBCM, Regarding: 2007 Resolutions Submitted to North Central Municipal Associations(NCMA)

A letter was received from NCMA thanking the District of Tumbler Ridge for submitting their resolutions for consideration at the NCMA?s AGM held in Williams Lake in May 2007.

Item received for information.

(c)District of Hudson?s Hope, Regarding: Presentation by Dr. Gilles Wendling.

Moved for General Discussion-carried

Hudson?s Hope will be hosting Dr. Gilles Wendling, who will be giving Council and the community of Hudson?s Hope a presentation on groundwater, aquifers and watersheds. Hudson?s Hope is looking to cost share travel expenses for Dr. Wendling with other communities in the Peace region.

Motioned and Carried for staff to arrange a presentation with Dr. Gilles Wendling and to arrange for the cost sharing of travel expenses.

(d)Support for Bill M225 British Columbia Rail Corridor Safety Act.

Mayor and Council received a letter from three MLA?s; Charlie Wyse, Bob Simpson and Harry Lali, requesting a letter of support for Private Members Bill M225. M225 protects the safety and economic safety of livestock owners in BC whose grazing lands run adjacent to publicly owned rail corridors, by placing several obligations on any railway operating on those corridors.

Item received for information.

(e) Ministry of Health, Regarding: Technical Advisory Committee.

Mayor and Council received a letter from George Abbot, Minister of Health, advising of the establishment of the Technical Advisory Committee that will address concerns about turbidity and microbial risk in drinking water in British Columbia.

Item Received for Information.

(f) Peace River Regional District, Regarding: Electoral Boundaries Report.

Letter received by Karen Goodings, Chair of the Peace River Regional District, regarding the need for a public meeting in the northeast with the Electoral Boundaries Commission and the unacceptable proposal of the commission to realign the northeast as it would not provide reasonable representation for the northeast in Victoria. The letter is requesting a submission by Tumbler Ridge for support of the meeting.

Moved for General Discussion-carried

Councilor Hunter stated ?it is important for us to get involved?.

Motioned and carried to send support.

(g) City of Langley, Regarding: Certified Resolution.

A copy of the City of Langley?s Certified Resolution which was passed at their December 17th Council Meeting.

Item received for information.

6. Staff Reports: None

7. Bylaws: None

8. New Business:

(a).Tumbler Ridge Museum Master Plan-Amendment Approval.-Removed from Agenda

(b)Tumbler Ridge Days Society Request.

Motioned and Carried

that :

·TR days Society be granted the exclusive use of the Tumbler Ridge Secondary School field for the purpose of holding the Grizfest Music Festival August 1-3, 2008;

·AND 2 beer gardens to be set up on Tumbler Ridge School Field Grizfest Grounds August 2 and 3, 2008:

·AND the use of the portable toilets and maintenance during the festival;

·AND the use of the staging, shelter, tables and chairs;

·AND the use of fencing with labour to put it up and take it down;

·AND use of the arena for the dance August 2, 2008;

·AND to have vendors on District Property and covered under the Grizfest business license;

·AND that direction be given to Public Works and the Campground Operator to work cooperatively together in preparing overflow campground facilities as needed for August 1-3, 2008;

·AND that direction be given to the campground operator to work with the Grizfest coordinator in putting procedures in place to reserve campground sites with the use of Tumbler Ridge Days Society VISA;

·AND a letter of support of any financial or in-kind support to Grizfest for the purpose of applying for grants;

·And District labour and resources in coordination of the event.

(c)Schedule of Meetings- MP Jay Hill will be meeting with Council January 15th, 2008 prior to the Policies and Priorities Committee Meeting.

9. Councilor Business:

Councilor Holmlund: The FCM is holding another Green Strategy Mission and Councilor Holmlund would like this to be placed on the next P&P meeting.

Councilor Hunter: Spoke about the increase in development within the community of Tumbler Ridge over the last three years. In 2005, there was approximately $237,000 and it was doubled in 2006, then doubled once again in 2007(even leaving out the Days Inn).

Councilor White: Wished to confirm the letter of support was sent to Chetwynd, re: Canfor shutdown. Mr. Miller advised it had not been sent and will be looked into the following morning.

10. Q & A Period:

i.Don McPherson commented on the creation of the covenant stating ?I was on council when the covenant was made?and that is why the ?word ?may? was out into it?. The word ?may? was put in there so there was never a need to take back lots. There was an option.

ii.Lynn Way stated ?I think you bullied here today?. ?If you don?t know the legalities by now, then there is something seriously wrong with your administrator.?

iii.Peter Thompson: Question for Mayor Caisley: ?Please explain how this will cost tax payers $500,000.?

Mayor Caisley: Commented he stands to be be corrected if the amount of $500,000 is wrong but believes the amount may even be larger. The reasons he gave for the high cost are legal fees and loss of revenue for lots that could be sold at fair market value today(for those that may be given an extension).

iv.Question : ? Is it true that the new agreement is 90% buy back??

Answer: ?Yes, there is a new land agreement where the lots may be bought back for 90% of what the lot was purchased for.?

Final comments from Mayor Caisley: ?When the people purchased the lots, paperwork was signed and at the time this was done, there was no problem.?

11. Closed Meeting Items: Land Issue

12. Adjournment: moved to a closed meeting at 5:55pm