District of Summerland

District of Summerland REGULAR COUNCIL MEETING AGENDA December 10, 2007-7:00 p.m. Council Chambers Municipal Hall, 13211 Henry Ave. Summerland, BC Page 4-9 10 1. Adoption of Minutes 1.1 Adoption of the Minutes of the Regular Meeting of November 26, 2007 Recommendation: THAT the minutes of the Regular Meeting of Council on November 26, 2007 be adopted. 1.2 Adoption of the Minutes of the Special Meeting of December 4, 2007 Recommendation: THAT the Minutes of the Special Meeting of December 4, 2007 be adopted. 2. Resolution to Amend the Agenda 3. Public Hearing 3.1 Bylaw 2000-301 - OCP and Rezoning, 9009 Gilman Rd. (N. & K. Niskakoski) to permit a 3 lot subdivision Mayor Gregory to ask for comments from the public. 4. Bylaw Considered after Public Hearing 4.1 Bylaw 2000-301 - OCP and Rezoning, 9009 Gilman Rd. to permit a three lot subdivision Recommendation: THAT Bylaw 2000-301 be read a second and third time and be adopted. 5. Delegations Page 1 of 14

Page 6. Mayor's Report 7. CAO's Report 8. Unfinished Business 9. Correspondence 10. Development Services Department Reports 11. Staff and Other Reports 11.1 Recommendations from the Committee of the Whole 11-14 11.2 Recommendations from the Parks and Recreation Commission meeting of December 4, 2007 Recommendations: Trial Period for allowing Dogs at Peach Orchard Beach Arena Board Advertising Contract with Summerland Minor Hockey Assoc. 12. New Business 12.1 Appointments to Okanagan Regional Library Board for 2008 *One member, plus an alternate 12.2 Determination of Weighted Votes for Regional District Representatives (Summerland now has 7 votes based on new census information. These votes need to be split between our two representatives, Councillors Bennest and Waterman) Recommendation: THAT Councillor (4 votes), and Councillor (3 votes) be appointed as Summerland's Directors for the Regional District of Okanagan-Similkameen. 13. Bylaws 13.1 Bylaw 2000-307 Mobile Business License Initiative Mayor gregory to ask for any comments from the public. Recommendation: THAT Bylaw 2000-307 be adopted. Page 2 of 14

Page 13. Bylaws 13.2 Bylaw 2000-286 - Amendment of the Municipal Ticket Information Bylaw to Impose a $50 Fine for Skateboarding in Giants Head Park Recommendation: THAT Bylaw 2000-286 be adopted. 14. Councillor's Report 14.1 Councillor Reports (to include meetings attended since last Council meeting either in capacity as department liaison or Council's representative) 15. Adjourn 16. Public Question Period 17. Minutes and Adoption Page 3 of 14

1 Regular Council November 26, 2007 The Regular Meeting of the Municipal Council of the District of Summerland was held in the Council Chamber, 13211 Henry Ave., Summerland, B.C. on November 26, 2007 at 7:00 p.m. Council members in attendance were: Mayor D. Gregory, Councillors P. Waterman, K. Roberge, J. Perrino, B. Hallquist, and D. Finnis. Council member absent: Councillor L. Bennest. Staff members in attendance were: Chief Administrative Officer D. DeGagne, Corporate Officer G. Matthews, Director of Development Services G. Morley*, and Deputy Corporate Officer S. Nixon. (* denotes partial attendance) Mayor Gregory called the meeting to order at 7:00 p.m. 1. ADOPTION OF MINUTES Moved by Councillor Perrino, Seconded by Councillor Hallquist, THAT the minutes of the Regular Meeting on November 13, 2007 be adopted. 2. RESOLUTION TO AMEND THE AGENDA It was agreed to add the following item to the agenda: Delegation - SADI Healthy Living Pilot Project The Corporate Officer advised that Agenda Item 10.1 and 13.9, both regarding an application for OCP and Rezoning at 9505 Gilman Road has been withdrawn by the applicant. 3. PUBLIC HEARING BYLAW 2000-299 TO AMEND ZONING BYLAW TO EXEMPT A-2 ZONED SUBDIVISIONS FOR THE PRIMARY PURPOSE OF ACQUIRING ROAD RIGHT-OF-WAY FROM THE MINIMUM LOT SIZE PROVISIONS The Director of Development Services explained that the Zoning Bylaw has a minimum lot size requirement of 8.0ha (20ac) in the A2 Agriculture zone. There are lots zoned A2 where existing traveled road is not located within dedicated road right of way. Unless the property is rezoned, the Approving Officer is prohibited from approving the subdivision plan and acquiring road dedication unless the portions of land separated by the proposed road right of way remain on a single title or meet the minimum lot area requirements. The proposed amendment to the Zoning Bylaw is to add an exemption whereby a subdivision, supportable by Council and approved by the ALC where road dedication will be obtained for an existing traveled road can be approved without meeting the aforementioned 8.0 hectare lot area requirement. Page 4 of 14 1.1 Adoption of the Minutes of the Regular Meeting of November 2...

2 Regular Council November 26, 2007 The Corporate Officer outlined the purpose and procedure for this Public Hearing. Mayor Gregory asked for comments from the public, however there were none. The public hearing terminated at 7:02 p.m. 4. BYLAW 2000-299, TO AMEND ZONING BYLAW TO EXEMPT A-2 ZONED SUBDIVISIONS FOR THE PRIMARY PURPOSE OF ACQUIRING ROAD RIGHT-OF-WAY FROM THE MINIMUM LOT SIZE PROVISIONS Moved by Councillor Roberge, Seconded by Councillor Perrino, THAT Bylaw 2000-299 be read a second and third time. 5. SADI HEALTHY LIVING PILOT PROJECT Michele Stephan of the Summerland Asset Development Initiative (SADI) outlined their application for funding to the Union of British Columbia Municipalities (UBCM) for a Healthy Living Pilot Project. She noted the goal of the project is to improve societal conditions necessary for individual health promotion by participating in community based activities that increase physical fitness levels, by participating in community kitchens and workshops to increase knowledge of healthy recipes, and to strengthen the collaboration of community partners to publicize these activities. Moved by Councillor Waterman, Seconded by Councillor Finnis, THAT Council approve the application by the Summerland Asset Development Initiative for the Healthy Living Pilot Project to be submitted for funding to the UBCM under the Community Health Promotion Fund. 6. BYLAW 2000-301 OCP AND REZONING, 9009 GILMAN ROAD (N. & K. NISKAKOSKI) TO PERMIT A THREE LOT SUBDIVISION The Director of Development Services reviewed the application for a three lot subdivision at 9009 Gilman Road. He noted that these lands are not in the ALR and currently house two dwellings. Because of the proximity to the ALR, the staff report recommends buffering adjacent to the reserve be a condition of the rezoning. An excess/extended service resolution for the road upgrading will allow a latecomer agreement so that the owners can recoup some of their costs. One member noted his non-support of the application as it abuts farmland to the west. Moved by Councillor Roberge, Seconded by Councillor Perrino, THAT Bylaw 2000-301 be read a first time. Page 5 of 14 1.1 Adoption of the Minutes of the Regular Meeting of November 2...

3 Regular Council November 26, 2007 Councillor Waterman, Councillor Finnis opposed. 7. MAYOR S REPORT The Mayor reported on Summerland s 20 th annual Festival of Lights held November 23 rd, noting special thanks to SCEDT members and municipal staff. The Mayor attended the Monashee Area Girl Guides meeting sending congratulations to three members for their Canada Cord award. The Mayor met with Alan Dolman and Murray Ramsden from Interior Health Authority where they discussed several items regarding health care in BC. 8. CAO S REPORT The Chief Administrative Officer advised that he attended the Lidstone, Young, Anderson seminar. Topics covered were Managing Communications, Procedural Fairness, Open and Closed Meetings, Amenity Contributions, Mandatory Retirement and Provision of Services, Environmental Law, Natural Hazards, Statutory Rights of Way and Recent Court Decisions. 9. NO SMOKING POLICY The Director of Engineering and Public Works recommended a No Smoking Policy prohibiting smoking in all District of Summerland indoor work areas and municipal vehicles. Moved by Councillor Perrino, Seconded by Councillor Hallquist, THAT the No Smoking Policy as outlined in the Director of Engineering and Public Works memo of October 30, 2007 be adopted. 10. EARLY BUDGET APPROVAL FIRE DEPARTMENT PAGERS AND TURN- OUT GEAR The Fire Department is requesting early budget approval to purchase 6 new pagers and 7 sets of turnout gear. Total cost of the items is $25,674. Moved by Councillor Perrino, Seconded by Councillor Finnis, THAT Council approve the early request by the Fire Department for new pagers and turnout gear in the amount of $25,674 with funding to come from the Fire Department Capital Reserve. 11. BY-LAW 2000-307, MOBILE BUSINESS LICENCE INITIATIVE The Corporate Officer outlined the proposed inter-municipal business licence scheme that would allow certain mobile businesses to obtain a business licence that would be valid in all participating municipalities for a single license fee of $150.00 Page 6 of 14 1.1 Adoption of the Minutes of the Regular Meeting of November 2...

4 Regular Council November 26, 2007 Moved by Councillor Perrino, Seconded by Councillor Waterman, THAT Council give three readings to Mobile Business License Bylaw 2000-207. The Mayor noted that there was reference to numerous unpaid business licenses during the previous Council meeting. He stated there was an error quoting the number of unpaid licenses and that the number is significantly lower. 12. BYLAW 2000-278, TEXT AMENDMENT OF THE ZONING BYLAW TO REQUIRE A MINIMUM 1 HA (2.47 ACRE) LOT SIZE FOR RESIDENTIAL LOTS NOT CONNECTED TO THE SEWER SYSTEM Subdivision applications made prior to adoption of the bylaw will be exempt from this new lot size. One member noted that there is an alternate option to adopting this bylaw and that is the implementation of a Liquid Waste Management Plan. Moved by Councillor Perrino, Seconded by Councillor Waterman, THAT Bylaw 2000-278 be read a third time. Councillor Hallquist opposed. 13. BYLAW 2000-286, AMENDMENT OF THE MUNICIPAL TICKET INFORMATION BYLAW TO IMPOSE A $50 FINE FOR SKATEBOARDING IN GIANTS HEAD PARK Moved by Councillor Roberge, Seconded by Councillor Finnis, THAT Bylaw 2000-286 be read a third time. Councillors Waterman and Perrino opposed. 14. BYLAW 2000-300, SANITARY SEWER BUY-IN CHARGE - $4,845.00 Moved by Councillor Finnis, Seconded by Councillor Roberge, THAT Bylaw 2000-300 be adopted. 15. BYLAW 2000-302 AMENDMENT OF FEES AND CHARGES BYLAW 2000-302 5% ELECTRICAL RATE INCREASE FOR 2008 Page 7 of 14 1.1 Adoption of the Minutes of the Regular Meeting of November 2...

5 Regular Council November 26, 2007 The proposed rate increase follows FortisBC s 3.7% increase and the District s anticipated increase in labour and material costs for 2008. One member noted opposition to the rate increase as the proposed change is also a change in policy in regards to labour and material cost increases. Moved by Councillor Perrino, Seconded by Councillor Waterman, THAT Bylaw 2000-302 be adopted. Mayor Gregory and Councillor Hallquist opposed. 16. BYLAW 2000-303 ADDITIONAL WATER PARCEL TAX ($100.00) Moved by Councillor Perrino, Seconded by Councillor Waterman, THAT Bylaw 2000-303 be adopted. 17. BYLAW 2000-304 LAND SALE RESERVE FUND EXPENDITURE PINEO COURT The Director of Finance requested authorization for funds from the Land Sale Reserve Account to complete the recent purchase of property located at 8911 Pineo Court. Moved by Councillor Roberge, Seconded by Councillor Hallquist, THAT Bylaw 2000-304 be read a first, second and third time. 18. BYLAW 2000-305 CAPITAL WORKS RESERVE EXPENDITURE THIRSK DAM EXPANSION PROJECT Moved by Councillor Finnis, Seconded by Councillor Perrino, THAT Bylaw 2000-305 be read a first, second and third time. 19. COUNCILLOR S REPORT Councillor Waterman attended a BC Sustainable Communities Conference in Kelowna. Councillor Roberge sent congratulations to Summerland Chamber of Economic Development and Tourism for another successful Festival of Lights and fireworks display. Councillor Roberge sent condolences to the Bennest family. Page 8 of 14 1.1 Adoption of the Minutes of the Regular Meeting of November 2...

6 Regular Council November 26, 2007 Councillor Perrino sent her condolences to the Bennest family. Councillor Perrino also congratulated the organizers of the Summerland Light Up Festival. She announced that the Summerland Health Centre is raising funds for their therapeutic garden by selling LCD lights for $25.00 per bulb to be placed on their Christmas tree. They are hoping the tree will be full of lights by Christmas. Councillor Hallquist reminded everyone of the Wharton Street Open House to be held November 27 th in the Council Chambers Councillor Finnis thanked those involved in the Festival of Lights. He reminded everyone that December 6 th is the anniversary of the Montral Massacre and a Candle Light Vigil will be held at the College in Penticton on December 6 th. 24. TERMINATION The meeting terminated at 8:00 p.m. Certified Correct: Mayor Corporate Officer /sn Page 9 of 14 1.1 Adoption of the Minutes of the Regular Meeting of November 2...

1 Special Meeting of Council December 4, 2007 A Special Meeting of Council of the District of Summerland was held in the Committee Room, 13211 Henry Avenue, Summerland, B.C. on December 4, 2007 at 8:07 p.m. Council members present: Mayor D. Gregory, Councillors K. Roberge, J. Perrino, B. Hallquist, D. Finnis, L. Bennest*, and P. Waterman. Staff members present: Chief Administrative Officer D. DeGagne, Corporate Officer G. Matthews, Director of Finance K. Ostraat, and Director of Economic Development S. Boswell. (* denotes partial attendance) 1. CALL TO ORDER Mayor Gregory called the meeting to order at 8:07 p.m. 2. RESOLUTION TO CLOSE MEETING TO THE PUBLIC Moved by Councillor Perrino, Seconded by Councillor Hallquist, THAT this meeting now be closed to the public pursuant to Section 90(1)(e) and (k) of the Community Charter for Council to deal with subject matter relating to the following: The disposition of land The provision of a municipal service that is at a preliminary stage. 3. TERMINATION Council adjourned to a closed session at 8:08 p.m. and Special Meeting of Council subsequently terminated at 10:30 p.m. Certified Correct: Mayor Corporate Officer /gdm Page 10 of 14 1.2 Adoption of the Minutes of the Special Meeting of December 4...

DISTRICT OF SUMMERLAND MEMORANDUM Date: December 4, 2007 To: From: Council Ted Pepperdine, Chairperson, Summerland Parks and Recreation Commission Subject: Parks and Recreation Commission Recommendations to Council The following recommendations were adopted by the Commission at its December 4, 2007 meeting: That the Parks and Recreation Commission, 1. recommend to Council that for a trial period, Municipal Council relax the dog bylaws at Peach Orchard Beach based on the following: - The period where dogs be allowed on Peach Orchard be from October 1 to May 1 each year. - Dogs still not be allowed in the playground area. - Owners will still be responsible for the clean up of messes by the dogs. - That temporary signage be placed to let the public know about the changes. 2. recommend to Council that the arena board advertisement contract be accepted as attached. Respectfully submitted Ted Pepperdine Chairperson, Parks and Recreation Commission Page 11 of 14 11.2 Recommendations from the Parks and Recreation Commission mee...

DISTRICT OF SUMMERLAND WITH THE COOPERATION AND SUPPORT OF SUMMERLAND MINOR HOCKEY ARENA BOARD ADVERTISEMENT AGREEMENT THIS AGREEMENT made in triplicate this day of, 2007. BETWEEN: THE DISTRICT OF SUMMERLAND Box 159 Summerland, B.C. V0H 1Z0 (250) 494-0447 (herein called the District) OF THE FIRST PART AND: SUMMERLAND MINOR HOCKEY ASSOCIATION Box 1548 Summerland, B.C. V0H 1Z0 (herein called the Advertiser) WHEREAS: OF THE SECOND PART a) The District is the owner of the arena boards in the Summerland Arena, b) The District, with the cooperation and support of Summerland Minor Hockey, wishes to sell advertisement space on the arena boards, and c) The Advertiser wishes to purchase advertising space on the arena boards; NOW THEREFORE IN CONSIDERATION of the payment by the Advertiser to the District of the fees outlined in the agreement, and providing the advertisement space as specified and approved by the District, the District and Advertiser agree as follows: 1. DEFINITIONS a) Agreement means ice level arena board Advertisement Agreement and any schedules or addenda. b) Director of Parks and Recreation means the Director of Parks and Recreation of the District of Summerland or his/her designate. c) Arena boards mean the ice level boards at the Summerland Arena. 2. TERM The Advertiser shall have advertising privileges on the arena boards for a term of three years, commencing the date of this agreement. 3. FEES The Advertiser shall pay to the District the sum of $100.00 plus G.S.T. per 8 x 4 space, annually, and by September 1 st of each year. Page 12 of 14 11.2 Recommendations from the Parks and Recreation Commission mee...

4. ADVERTISEMENT PANELS a) The Advertiser is responsible for supplying the advertisement panels for the arena boards to a specification determined by the District. b) Content on the advertisement panel must be approved by the Director of Parks and Recreation. c) Advertisement Panels will be installed by the District. d) Replacement of damaged or worn panels will be the responsibility of the Advertiser. 5. INDEMNITY The Advertiser shall indemnify and save harmless the District and Summerland Minor Hockey, their elected and appointed officials, employees and agents, from and against all actions, claims, and demands of every kind and at any time either before or after the expiration of termination of this agreement arising out of or attributable to this Agreement or to the errors, omissions, activities or negligent or fraudulent acts of the Advertiser pursuant to the Agreement, and all such actions, costs, claims, and demands shall together with any costs and expenses incurred therewith, be paid by the Advertiser. 6. TERMINATION If the Advertiser a) fails to make payments as outlined in this Agreement or fails to meet the covenants of this Agreement and does not rectify the failure within 48 hours of receiving written notice; or b) commits any act of bankruptcy or dissolves as a business entity then the District may in any case immediately terminate this Agreement. Upon termination of this Agreement, the District may retain all fees and other amounts already paid by the Advertiser to the District as compensation for the inconvenience caused by the default, the whole without prejudice to the right of the District to claim damaged as it may have suffered as a result of such act. 7. EXPIRY OF TERM Upon expiry of the Term or upon termination by the District under Article 6, the District shall remove the Advertisement Panels of the Advertiser. 8. ASSIGNMENT The Advertiser will not assign the whole of or any part of this Agreement or sub-contract advertising space without first obtaining written consent of the Director of Parks and Recreation, such consent not to be unreasonably withheld. 9. NOTICE Any written notice will be effectually given to the Advertiser or District if delivered by registered mail to the addresses listed within this Agreement. Page 13 of 14 11.2 Recommendations from the Parks and Recreation Commission mee...

IN WITNESS WHEREOF the following seals and signatures are affixed. The Corporate Seal of ) The District of Summerland ) ) ) ) Signature: ) Dave Gregory, Mayor ) ) ) ) Signature: ) Gillian Mathews, ) Corporate Officer ) Signed by the authorized signatories of the Summerland Minor Hockey Association Witness Signature Witness Name Witness Address Authorized Signatory Authorized Signatory Page 14 of 14 11.2 Recommendations from the Parks and Recreation Commission mee...