Regular Meeting of Council:
January 22, 2008
In attendance: Mayor Caisley, Councillors Colledge, White, Hunter and Holmlund
Approximately 45 people in the gallery.
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 January 8, 2008; adopted as amended-carried
(b) Minutes of the Special Meeting of January 14, 2008.-carried
(c) Minutes of the Special Meeting of January 15, 2008.-carried
3. Business arising from the minutes:
(a) Previous tabled motion from January 8, 2008, regular meeting of Council: Regarding Lot K-Councillor Colledge
Tabled Motion brought back:
Recommendation that Council instruct staff and its solicitors to exercise the option to purchase on Lot K, plan 28445, District Lot 3164 in the name of 1058887 Alberta Ltd., by January 31, 2008.
Move to Discussion-carried
At the Council Meeting January 8, 2008, the motion to exercise the option on Lot K was tabled pending the receipt of legal documentation from Lidstone Young Anderson(LYA), the Districts Lawyers.
Councillors Holmlund and Colledge wanted the confirmation in writing that giving the extension would have been an illegal act under the Community Charter.
If in fact it was an illegal act, Councillors White, Holmlund and Colledge were advised by Mayor Caisley that they would be opening themselves up to potential legal action. Also, Mayor Caisley advised Council he would not expect District staff to act on an illegal motion. Following the Council meeting, a written opinion from LYA was given to Mayor and Council advising against the extensions due to it being a prohibited act under the Community Charter, Section 25(a legal opinion from the LYA firm).
Since obtaining the legal opinion of LYA, Counciilors White, Holmlund and Colledge have sought another legal opinion on the extensions, using personal funds to satisfy their decision to give the extension.
The second legal opinion they each received has given the three Councillors confidence that they would not be acting in an illegal manner and therefore hold on to their decision to not exercise the option on Lot K. Councillor Colledge stated she ?couldn?t find anywhere in the papers (from LYA) that we would (White, Colledge and Holmlund) be sued?.
White also stated he is ?confident that personal liability doesn?t exist.?
Holmlund said she finds it ?absolutely astounding ?that there has been no new buildings in the downtown core for 23 years and ?our community has been stagnant far too long?. Taking back the lots would ?effectively be killing all growth?, said Holmlund.
Mayor Caisley and Councillor Hunter also hold firm on their decision to vote in favor of taking back the lots. Councillor Hunter said he is in ?the same position and he is here to serve the general public?. Hunter stated there ?is no doubt? that the extensions would be a breach of the Charter under section 25, and he is not willing to pass along that type of bill (potential legal costs) to taxpayers. Counciilor Hunter also made reference to the second legal opinions obtained by his colleagues. He said, ?if you pay them enough, they will write what you want?. Hunter stated he thinks it is the Chamber?s job to promote business within the community, not Council?s.
Mayor Caisley spoke again of the people ?cut out of the process? if there are extensions granted. These are the people who were aware of the rules and guidelines, who chose not to buy the lots because of the covenants. Caisley also stated he thought the three Counciilors who sought other legal advice were at an ?advantage? and it is unfair because they have ?chosen not to share their information?. Caisley holds firm that the extensions ?are an illegal action?.
Motion Defeated in a 3:2 vote. Against: Counciilors White, Holmlund and Colledge. In favor: Mayor Caisley and Counciilor Hunter.
(b) Notice of Motion:Counciilor Holmlund
Counciilor Holmlund moved that:
1. The District will not exercise its Option in respect of Lot K, District Lot 3164, Peace River District Plan 28445, Lot 3 District Lot 3164, Peace River District Plan 31136, and Lot 1 District Lot 3164, Peace River District 3399 provided that the Owners of the lots execute and deliver a one year extension of the Districts Option prior to January 30, 2008.
2. If the Owners do provide the extension prior to January 30, 2008 staff shall enter into discussions with the Owners of all the lots originally subject to the Districts two year Option to ensure development proceeds as required and planned by the District.
3. If the Owners do not provide the extension of the Option by January 30, 2008 that the District staff shall deliver formal notice of exercise of the Districts Option on Lot K, District Lot 3164, Peace River District Plan 28445, Lot 3 District Lot 3164, Peace River District Plan 31136, and Lot 1 District Lot 3164, Peace River District 3399 on January 31, 2008.
Motion Carried in a 3:2 vote. Opposed: Mayor Caisley and Counciilor Hunter. In favour: Counciilors Colledge, White and Holmlund.
4.Petitions and Delegations:
(a) Mr. Will Howe: Re: Request to Purchase Lots.
Mr. Will Howe, owner of 240 Gwillam crescent, spoke to Mayor, Council and those in attendance on his interest in acquiring 2 lots on either side of his residence, 244 and 248 Gwillam crescent. Mr. Howe spoke of his long term interest in these 2 lots. He was first told that the two lots were non-buildable when he approached Fred Banham. After approaching town hall, he was advised by Mr. Clark Hazlehurst there would be an investigation into whether or not concrete foundations existed. Soon after he approached town hall, he noticed the two lots listed, although with a covenant associated with the lots. He chose not to purchase the lots, knowing full well there would be know way he could fulfill the covenant obligation at that time. Since then, someone else has bought the lots and there has been nothing done on the lots. Mr. Howe is aware the lots he is interested in have covenants that are about to expire. He stated he has full intention on continuance of pursuing these lots when these covenants expire.
Counciilor White: I have ?always maintained that it would be a case by case? basis, said White. When these covenants expire, he explained, ?you(Mr. Howe) will have a chance to purchase them?.
Counciilor Hunter: ?Is it your opinion(Mr. Howe) that we would be setting a precedent??
Mr. Howe answered with a quick, ?Absolutely.?
Counciilor Holmlund: Counciilor Holmlund showed her disinterest in Mr. Howe?s presentation by stating, ?we do not own the land and I don?t really care to discuss it.?
(a)119 Peace River Crescent Notice of Violation #0579
Mr. Darryl Krakowka wrote to Mayor and Council about a fine he received for not having garbage in a bin. He felt there should have been a warning given first. Being new to town, he was not fully aware of the bylaw pertaining to garbage pick up. He also explained the excess garbage was due to the holiday season as his garbage was not picked up for two weeks(he had not seen the notice in the local newspaper).
Moved for discussion.
Counciilor White stated the bylaw officer(Jennifer Wells)having mentioned in the report Mr. Krakowka was the Shop Easy Owner was irrelevant to the item.
Mr. Miller advised Mayor, Council and those in attendance that Mr. Krakowka will be notified to let him know the ticket has been changed to a warning.
6. Staff Reports: None
7. Bylaws: None
8. New Business:
(a)Standing Offer Agreement-Propane Services
Recommendation that Joy Neufeld Propane be awarded the Standing Offer Agreement #0803 for propane services for 2008 AND THAT the Mayor and Corporate Officer be authorized to sign the contract.-carried
(b)Standing Offer Agreement-Electrical Maintenance Service
Recommendation that Brian?s Electric Inc. be awarded the Standing Offer Agreement #0802 for electrical maintenance services for 2008 AND THAT the Mayor and Corporate Officer be authorized to sign the contract.-carried
(c)Standing Offer Agreement-Petroleum Products and Fuels
Recommendation that Dawson Creek Cooperative Union be awarded the Standing Offer Agreement #0801 for petroleum and fuel services for 2008 AND THAT the Mayor and Corporate Officer be authorized to sign the contract.-carried
(d) Fairgrounds Feasibility Study
Moved that this study be referred to a Policies and Priorities Committee Meeting for informal discussion-carried
(e)Federation of Canadian Municipalities Conference (FCM)
Recommendation that Council approve travel expenses for the Mayor or his designate and one member of Council, and Mr. Miller to attend the Federation of Canadian Municipalities Conference in Quebec City from May 30-June 2, 2008-carried. Approximate cost per person is $3011.00
(f)Building a Safer Community Conference
Recommendation that Council approve travel expenses for one member of Council to attend the ?Building a Safer Community Conference? in Richmond February 28th-29th, 2008-carried. Approximate cost is $1400.00
(g) FCM Sustainable Communities Conference and Trade show 2008
Recommendation that Council approve travel expenses for one member of Council to attend the FCM Sustainable Communities Conference in Ottawa from February 14th-16th, 2008-carried. Approximate cost is $2500.00
(h) Notice of Motion, RE: Board of Variance
Counciilor White brought forth the issue of Tumbler Ridge?s lack of a Board of Variance.
Whereas the District of Tumbler Ridge is required by the Community Charter to have a Board of Variance in place,
Therefore I(Counciilor White) move that Council direct staff to establish a Board of Variance within 60 days-carried.
(i) Notice of Motion, Re: Claude Galibois School
Counciilor White moved that Council Direct staff to set a time and date within 30 days to hold a public discussion and public input for possible uses for Claude Galibois School.-carried
Note: Mayor Caisley suggested prior to the meeting, there be an ad for expressions of interest in using Claude Galibois school.
(j) Schedule of Meetings: Next Policies Meeting January 29, 2008. Next regular Meeting of Council will be February 5, 2008.
9. Counciilor Business:
Counciilor Holmlund: Counciilor Holmlund attended the Museum Foundation meeting and she reported Aldrich Pears and Associates will be in town soon to discuss the Museum Master Plan and site plans. Holmlund also attended the AGM for the Arts Council.
Counciilor Hunter: Counciilor Hunter attended the Meeting with Jay Hill and the Mayor?s select committee with WMNS along with Ray Proulx, DR. Helm and Chrys White. Hunter also mentioned to those in attendance that the Monkman Trail Memorial Pass will be open in the Summer 2008.
Counciilor White: Attended the Tumbler Ridge Library AGM. White congratulated Bob Norman for being elected the Chair for his 2nd term.
Counciilor Colledge: Counciilor Colledge attended several meetings this past week including the one with Jay Hill, AGM of the Arts Council and the AGM of the Chamber of Commerce. Colledge also attended TR Cares. To date there have been 90 appointments out of town that TR Cares has taken people to. They will be able to do more if they had more volunteer drivers.
Mayor Caisley: Mayor Caisley commented there will be meetings with Aldrich Pears and Associates coming up soon. Also, he was in attendance at the meeting with Jay Hill where the Pine Beetle was discussed. Caisley also had a meeting with the Senior?s Task Force.
10. Q & A Period:
i.Mr. Reid- To the Mayor and Mr. Miller. Speaking with regards to Mr. Howe, his letter and presentation, Mr. Reid asked the following: ?Why would this letter be presented to council when we own the lots??
Answer given by Mr. Miller: ?It is not up to me to say no? if a resident wants to come to council as a delegate and speak to Mayor and Council regarding any issue.
ii.Mr. Thompson- To Mayor and Mr. Miller pertaining to the Lot Issues. ?Are you aware that you changed the requirements with regards to size of the building as well as building exterior requirements and parking??
This question was not answered.
11. Closed Meeting Items: Land Issue
12. Adjournment: moved to a closed meeting at 7:24pm.