SUN PEAKS MOUNTAIN RESORT MUNICIPALITY

Transcription

1 SUN PEAKS MOUNTAIN RESORT MUNICIPALITY COMMITTEE OF THE WHOLE COUNCIL MEETING AGENDA February 7, 2011 Page Municipal Office, Sun Peaks, B.C 1. CALL TO ORDER 2. ADOPTION OF THE AGENDA DELEGATIONS a. Mrs. Renate Kals 4. NEW BUSINESS a. Strata Complex Bylaw Enforcement b. Grant Application c. Building Inspection/Planning Contracts d. OCP Committee Appointments 5. ADJOURNMENT Page 1 of 38

2 Agenda Item # 3a. Renate Kals Sun Peaks, BC V0E 5N0 Feb. 2,2011 Sun Peaks Mountain Resort Municipality Mayor and Councillors Sun Peaks, BC V0E 5N0 Sent via Fax: time: 11am and admin@sunpeaksunicipality.ca Subject: Agenda Board Meeting on February 7, 2011 Herewith I inform you about: The name of the person making a presentation on Monday February 7, 2011 Renate Kals, The topic of the presentation to the board: Latest urgent Safety Concerns in Sun Peaks, BC Herewith I present the basic content of my agenda for February 7, The mayor said he believes the democratic process is always a good thing and the community becomes stronger when people have input. At the same time the mayor also said that council would not be dealing with different political or philosophical views. (These statements originate from the Sun Peaks Resort Blog, December 2010). During the last council meeting I alleged that I would be dealing only with facts, but until today I did not receive any answers. Does everything that happens in the public eye in Sun Peaks have to pass without critique? What does have to happen, so that the residents and visitors of SP will be finally able to feel safe in Sun Peaks? Which attitude did council practice until now to deal with problems, to get things done in the best manner possible to serve the community, when present visitors are pointing out, that they would not feel safe here? Should international ski teams still take a chance and come to Sun Peaks under these circumstances? The adequate house technology is missing in buildings for further special businesses, which need special installations etc. You will receive a list of the newest safety hazards at the latest on Feb. 7, During the last council meeting I was given the opportunity to ask questions, but I did not receive any answers. During the meeting I was verbally, and my partner physically, attacked. A person was going crazy. We asked the mayor which kind of responsibility he would have had in that case, but we did not get any answers. Does the mayor want to conceal again a criminal case? Renate Kals Mrs. Renate Kals Page 2 of 38

3 Agenda Item # 3a. Mrs. Renate Kals Page 3 of 38

4 Agenda Item # 4a. Sun Peaks Mountain Resort Municipality Agenda Summary To: From: Mayor & Council Byron Johnson, Chief Administrative Officer Date: February 3, 2011 Meeting Date: February 7, 2011 SUMMARY: A common question that has been asked relating to our Noise Management Bylaw No. 0010, 2010 is how will the municipality enforce the noise management bylaw on strata developments? At the direction of Council, staff sought legal advice on this issue. BACKGROUND: Enforcement Issues We have a number of strata developments in Sun Peaks. developments: bare land, and stratified buildings. There are two dominant types of strata Bare land strata developments are those in which a parcel is developed with a building scheme which varies the setbacks, frontages, and minimum lot sizes required for regular residential developments, usually with common space which can be used by all residents. Bare land strata developments usually feature homes that are Single Family detached dwellings, without common walls between residences and with some space separation between dwellings. Even though these homes are usually spaced closer together than simple residential developments, it is still a relatively simple exercise to measure sound levels. Stratified buildings contain residences that have common walls and common deck spaces with minimal, if any, separation. Noise generated in one dwelling is much easier to hear in the neighbouring dwelling units. Due to the recognized potential for noise problems, strata corporations contain language in their bylaws which restrict noise levels that all owners must accept. Complaints arising from residents of multiple family housing units about other residents in the same housing development have similar issues as stratified buildings. Strata Complex Bylaw Enforcement Page 4 of 38

5 Agenda Item # 4a. The following paragraphs are an excerpt from our legal counsel advising the Municipality on noise enforcement within strata development: I would agree that the appropriate time to step in as the municipality and enforce the municipal bylaw would be in response to a complaint made to the police or directly to the Municipality, where the noise is clearly and objectively exceeding the measurable limits of the Bylaw or otherwise breaching the specifically restricted noises to the point where the public space is affected. The standard bylaws of virtually every strata corporation have rules against excessive noise, either expressed generally or specifically. A person within a strata complex can choose to call on the strata through its president or another officer, or the strata agent (which is what residents are usually urged to do at least in the larger complexes). The strata council typically must receive a complaint in writing before it can begin its internal process, which is to allow for a hearing and if the person is found in breach, to impose its own fines, which are set out in its bylaws. From the perspective of a municipality, the bylaws of a strata and their enforcement are a private matter, more like a contract between the owners, and the municipality would not be involved in their enforcement. Municipal bylaws are of a public, regulatory nature and typically municipalities are concerned with noise occurring in the public space that could potentially bother many people. In theory they could apply concurrently, or in the absence of strata bylaws, however, I have not heard of municipal bylaws actually being enforced where the noise is confined within a single building or complex. As a matter of practice that is usually left to the strata council or agent. Between single dwellings on bare land, or perhaps where sound carries beyond the building or common property of a strata, so that other people are bothered, municipal bylaw enforcement may be warranted and in this case, a municipality does not need a request from the strata corporation. Enforcement Approach Given the issues arising from stratified buildings and multi-family dwellings, our bylaw enforcement will generally not get involved with complaints which happen internal to these buildings. If a resident has a noise complaint, they should be referring their complaint to the building owner, the strata agent, or the property manager, whomever is the appropriate person for that building. It is up to the strata council to enforce their bylaws. If the noise is so loud that it emanates into the public space beyond the external property line, our bylaw enforcement may then initiate an enforcement procedure. Our normal approach will be to contact the strata council to make them aware of, and rectify, the problem. For a complaint generated from a bare land strata development the bylaw officer may choose to get involved. The first step will be to contact the strata council. If the strata council for bare land strata developments requests that the municipality enforce our noise bylaw within their boundaries we may choose to do so. Where there is difficulty determining the property line separating the individual dwelling units, the bylaw officer will use his judgement in determining the appropriate distance from which to measure the noise. If the distance separating the dwelling units is extremely limited, the bylaw officer may exercise his judgement whether or not to issue a ticket if the breach to the bylaw is not significant. Strata Complex Bylaw Enforcement Page 5 of 38

6 Agenda Item # 4a. This approach clearly may not lead to an immediate solution to the issue of loud nightly rental guests within a strata. It is incumbent on the strata corporations to develop solutions to these issues. In times when loud partying is expected, they may need to have a person on call who can enforce their rules. It is possible that they may need to engage the services of firms specifically to assist with this problem. RECOMMENDATION: THAT Council receives this report, and directs staff if they want more information on this issue, or if they would like further follow-up. Strata Complex Bylaw Enforcement Page 6 of 38

7 Agenda Item # 4b. Sun Peaks Mountain Resort Municipality Agenda Summary To: From: Mayor & Council Byron Johnson, Chief Administrative Officer Date: February 4, 2011 Meeting Date: February 7, 2011 CowCom Meeting SUMMARY: The Province has a regular Infrastructure Planning Grant program which is designed to help communities to develop sustainable infrastructure. This is a program to deliver small grants (a maximum grant of $10,000), that have an easier application process, to assist in the study and planning for a wide range of issues. It is proposed that we submit a grant application for a study of the road inventory which the municipality owns that we will be assuming responsibility for in BACKGROUND: As Council is aware, the municipality is required to take over road maintenance and upgrading in September The Ministry of Transportation (MoT) has assured us that they will hand-over the roads in good operating condition. The Municipality and the MoT have agreed to meet early in 2011 to review the condition of the roads and agree upon a workplan for any roads that need upgrading before the handover. The intent of this study is to help develop a detailed condition assessment of these roads, giving the municipality the knowledge to be able to develop this workplan. The deliverables that we wish to achieve with this grant are as follows: To develop a detailed condition assessment of the municipality s road inventory To develop a list of the highest priority items which we expect the MoT to address before handover of the inventory to the Municipality To develop a capital plan which will help to prioritize the municipal capital program for the future, considering the risk of road failures and the consequences of potential failures. Our goal will be a proactive road program which will minimize the overall lifecycle costs of roads by scheduling upgrading at the most cost effective time. Grant Application Page 7 of 38

8 Agenda Item # 4b. In 2012 we will apply for another planning grant to help the municipality determine the appropriate level of winter and summer road maintenance (ie. snow clearing, sweeping, etc) to balance our residents expectations against the cost of service provision. As part of the incorporation study, there was a high level assessment done of the road inventory in Sun Peaks conducted by Kerr Wood Liedel. While this was a good high-level review of the roads which gave some indication regarding the road liability the municipality would be assuming, it was not detailed enough to be used to develop work plans for the municipality. FINANCIAL CONSIDERATIONS: For this grant application, the maximum Provincial grant is $10,000, to achieve this the municipality will need to put in $5,000 leading to a maximum program cost of $15,000. The $5000 cost to the City will be built into our upcoming municipal budget. OPTIONS: Council has the options of approving a submission to this program or not approving it. If it is not approved, the municipality will need to source other assistance in determining our road conditions and road rehab requests from the MoT. RECOMMENDATION: THAT Council authorizes an application to the Provincial Infrastructure Planning Grant Program for a study of our road inventory with a total project cost of $15,000 with the Province contributing $10,000 and the Municipality contributing $5000 towards the project. Grant Application Page 8 of 38

9 Building Inspection/Planning Contracts Page 9 of 38

10 Building Inspection/Planning Contracts Page 10 of 38

11 Building Inspection/Planning Contracts Page 11 of 38

12 Building Inspection/Planning Contracts Page 12 of 38

13 Building Inspection/Planning Contracts Page 13 of 38

14 Building Inspection/Planning Contracts Page 14 of 38

15 Building Inspection/Planning Contracts Page 15 of 38

16 Building Inspection/Planning Contracts Page 16 of 38

17 Building Inspection/Planning Contracts Page 17 of 38

18 Building Inspection/Planning Contracts Page 18 of 38

19 Building Inspection/Planning Contracts Page 19 of 38

20 Building Inspection/Planning Contracts Page 20 of 38

21 Building Inspection/Planning Contracts Page 21 of 38

22 Building Inspection/Planning Contracts Page 22 of 38

23 Building Inspection/Planning Contracts Page 23 of 38

24 Building Inspection/Planning Contracts Page 24 of 38

25 Building Inspection/Planning Contracts Page 25 of 38

26 Building Inspection/Planning Contracts Page 26 of 38

27 Building Inspection/Planning Contracts Page 27 of 38

28 Building Inspection/Planning Contracts Page 28 of 38

29 Building Inspection/Planning Contracts Page 29 of 38

30 Building Inspection/Planning Contracts Page 30 of 38

31 Building Inspection/Planning Contracts Page 31 of 38

32 Building Inspection/Planning Contracts Page 32 of 38

33 Building Inspection/Planning Contracts Page 33 of 38

34 Building Inspection/Planning Contracts Page 34 of 38

35 Building Inspection/Planning Contracts Page 35 of 38

36 Building Inspection/Planning Contracts Page 36 of 38

37 Building Inspection/Planning Contracts Page 37 of 38

38 Agenda Item # 4d. Sun Peaks Mountain Resort Municipality Agenda Summary To: From: Byron Johnson, Chief Administrative Officer Nicky Braithwaite, Acting Finance Officer Date: February 3, 2011 Meeting Date: February 7, 2011 SUMMARY: There have been 13 expressions of interest for the Select Committee for Zoning and Community Plan Study. Interviews were conducted of those applicants unfamiliar to Council and it was recommended that a 7 person committee would be appropriate. RECOMMENDATION: That Council appoint the following to the OCP Select Committee: Colin Cannon Roberto Cesaretti Lark Frolek-Dale Petr Duda Adam Earle Barney Mouat Bryan Walker OCP Committee Appointments Page 38 of 38