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CITY OF KIMBERLEY MINUTES OF THE REGULAR MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBER, CITY HALL, 340 SPOKANE STREET, ON MONDAY, JUNE 27, 2011 AT 7:00 P.M. Present: Mayor Ogilvie Councillor Bush Councillor Henningson Councillor Hickey Councillor Hoglund Councillor Weston A. Mulholland, Chief Admin. Officer G. Stratton, Chief Corp. Admin. Officer The Meeting was Called to Order at 7:00 p.m. ADOPTION OF MINUTES 1. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That the Minutes of the Regular Meeting of Council held June 13, 2011, be adopted." 2. Moved by Councillor Bush, seconded by Councillor Hickey: "That the following items be added to the Agenda: a letter dated June 24, 2011 from Leah Welch regarding Deer Population in the City of Kimberley; a letter received June 27, 2011 from Nancy Clarricoates Fletcher regarding the deer in Kimberley; a report dated June 23, 2011 from K. Belanger, Planning Officer regarding Development Permit Application 201 North Star Boulevard Kimberley Underground Mining Railway; and an email communication from M. Fox, Manager, Operations & Environment Services regarding Morrison Sub - Flood Control." PETITIONS AND DELEGATIONS 3. Peter Reid, President, SAR Manager, Kimberley Search and Rescue addressed Council requesting use of the City of Kimberley Coat of Arms.

Moved by Councillor Hoglund, seconded by Councillor Hickey: "That permission be granted to have the City of Kimberley Coat of Arms placed on Kimberley Search and Rescue vehicles." 4. Rick Prasad, President, Kimberley Jr. Dynamiters Hockey Club addressed Council requesting a reduction in their rates in their agreement with the City. Moved by Councillor Weston, seconded by Councillor Hickey: "That the letter be received and referred to the Parks and Recreation Committee." SPECIAL REPORTS 5. Bylaw Enforcement report for the month of May, Moved by Councillor Hoglund, seconded by Councillor Bush: "That the report be received." COMMUNICATIONS 6. A letter dated June 13, 2011 from Shelley McInroy, Club Manager, Kimberley Gymnastics Society thanking the City staff for their support. Moved by Councillor Hickey, seconded by Councillor Henningson: "That the letter be received." 7. A letter dated June 13, 2011 from Diane Tammen, Community Relations Manager, East Kootenay, BC Hydro regarding exchanging old meters to new smart meters.

Moved by Councillor Hickey, seconded by Councillor Henningson: "That the letter be received. 8. A letter dated June 24, 2011 from Leah Welch, regarding the Deer Population in the City of Kimberley. Moved by Councillor Hickey, seconded by Councillor Henningson: "That the letter be received and a reply letter provided; forwarded to the Ministry of Environment; the feasibility of cutting the grass behind her residence be investigated; the RCMP be contacted; and the letter be referred to the Urban Deer Committee." 9. A letter received June 27, 2011 from Nancy Clarricoates Fletcher regarding the deer in Kimberley. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That the letter be received and referred to the Planning & Development Committee to respond if it deems necessary." UNFINISHED BUSINESS 10. A memo dated June 17, 2011 from George Stratton, Chief Corporate Administration Officer, regarding a Poll Vote - Youth Stock 2011 - June 25, Moved by Councillor Hoglund, seconded by Councillor Weston: "That the Poll Vote conducted on June 15 and 16, 2011 approving the use of Rotary Park on Saturday, June 25, 2011 for the 2nd Annual Youth Stock 2011 by the L.E.E.S. Learning Centre and SPARK Youth Drop In, be ratified."

11. A memo dated June 17, 2011 from George Stratton, Chief Corporate Administration Officer, regarding a Poll Vote - Funding for SPARK Society for Youth. Moved by Councillor Hoglund, seconded by Councillor Henningson: "That the Poll Vote conducted on June 16 and 17, 2011 approving providing $4,000.00 to the SPARK Society for Youth immediately and the balance of funding be provided on June 30, 2011 rather than July 1, 2011 as July 1, 2011 is a Statutory Holiday, be ratified." NEW BUSINESS 12. A letter dated June 21, 2011 from Sioban Staplin, Executive Director, Kimberley and District Chamber of Commerce regarding Special Occasion Licence and Exemptions Applications for the 39th Annual JulyFest. Moved by Councillor Weston, seconded by Councillor Hoglund: "That the letter be received and the request from Sioban Staplin, Kimberley and District Chamber of Commerce for a Special Occasion Liquor Licence for JulyFest, July 15, 16 and 17, 2011, be approved." 13. A letter dated June 22, 2011 from Jim Warriner regarding the recent attack of a deer on a person. Moved by Councillor Hickey, seconded by Councillor Weston: "That the letter be received and referred to the Planning & Development Committee."

14. 84 Deer Park Avenue - Canadian Hotel For information, Mayor Ogilvie advised that the City now owns the Canadian Hotel building and land. 15. A report dated June 23, 2011 from K. Belanger, Planning Officer regarding Development Permit Application - 201 North Star Boulevard Kimberley Underground Mining Railway. Moved by Councillor Henningson, seconded by Councillor Bush: "That Development Permit Application Number DP 11-010 for the construction of a train loop turn around and railway station, located on the property legally described as Lot 4, Plan NEP65174, District Lot 2371, 13798 and 13799, Kootenay Land District, (PID 024-591-025) and civically located at 201 North Star Boulevard, generally in the form presented in Appendix "A" attached to a report dated June 23, 2011, from K. Belanger, Planning Officer, be approved; and That City signatories be authorized to execute the Notice of Development Permit and all other necessary legal documentation." COMMITTEE RECOMMENDATIONS: ADMINISTRATION COMMITTEES: Finance Councillor Hoglund: 16. Moved by Councillor Hoglund, seconded by Councillor Henningson: "That City of Kimberley Cheque Run #12 in the amount of $445,189.53, be approved for payment."

Administration Committee Councillor Bush: 17. Committee Report - Animal Control Services - Commissionaires BC Proposal Moved by Councillor Bush, seconded by Councillor Hoglund: "That City signatories be authorized to execute the Contract between the City of Kimberley and Commissionaires BC for provision of Animal Control Services at a cost of $18,267.20 plus HST for the term August 1, 2011 to July 31, 2012 and a cost of $28,828.80 plus HST for the term August 1, 2012 to July 31, 2013." Amendment moved by Councillor Bush, seconded by Councillor Hoglund: "That the motion be amended by deleting "$18,267.20" and substituting "$28,267.20"." The Amendment was Put and The Motion as Amended was Put and 18. Committee Report - 2011 Kimberley Municipal Elections - Contract Newco Developments Ltd. Moved by Councillor Bush, seconded by Councillor Hoglund: "That Leanne Jensen be appointed Chief Election Officer and Bev Anderson be appointed Deputy Chief Election Officer for the 2011 Municipal General Election; and That City signatories be authorized to enter into the Election Administration Agreement between the City of Kimberley and Newco Developments Ltd." Planning & Development Councillor Henningson: 19. Committee Report - Morrison Sub - Building Development (Bylaw to designate Morrison Subdivision as Flood Plain and Consultant's report)

Moved by Councillor Henningson, seconded by Councillor Hoglund: "That staff be directed to prepare a bylaw under section 910 of the Local Government Act designating the Morrison Subdivision area as flood plain and establish construction requirements for this area." Moved by Councillor Henningson, seconded by Councillor Hoglund: "That staff be directed to refer any building permit applications in the Morrison Subdivision area for Council's consideration pursuant to section 929 of the Local Government Act until such time as Council has adopted a bylaw under section 910 of the Local Government Act for this area." OPERATIONS COMMITTEES: Parks & Recreation - Councillor Hickey: - Nil Public Works & Utilities Councillor West-Sells: 20. Committee Report - Flume/Canal Mark Creek Moved by Councillor Hickey, seconded by Councillor Weston: "That the Chief Financial Officer develop an Unexpended Funds Bylaw to utilize the $195,000.00 remaining from the Hwy 95A Improvement Project for the design stages of the Mark Creek Canal."

Health & Protection Councillor Weston: 21. Committee Report - UBCM Operational Fuel Treatment Applications Moved by Councillor Weston, seconded by Councillor Hoglund: "That City signatories be authorized to execute the following two applications and forward to UBCM: 1) Taylor Slough/KNP Hand Pile Burning Total application is $38,760.00 with the City contribution being $3,876.00 leveraged from the 2010 JOP Project of $170,000.00; 2) KNP Hand Piling and Burning Total application is $372,240.00 with the City contribution being $93,063.00 leveraged from the 2010 JOP Project of $170,000.00." 22. Committee Report - UBCM Funding Moved by Councillor Weston, seconded by Councillor Hoglund: "That a letter be forwarded to UBCM to leverage UBCM funding." 23. Committee Report - Deer Attack - Recent Incident Moved by Councillor Weston, seconded by Councillor Hickey: "That the Chief Corporate Administration Officer be appointed to research and implement an interim action plan to mitigate deer conflicts." Lost

BYLAWS 24. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That "Bylaw No. 2423, Pesticide Bylaw No. 2381, 2009, Amendment No. 1, 2011", be adopted." 25. Moved by Councillor Hickey, seconded by Councillor Hoglund: "That Bylaw No. 2424, "Unexpended Funds Bylaw No. 2424, 2011", be read a first time by title." 26. Moved by Councillor Hoglund, seconded by Councillor Weston: "That Bylaw No. 2424, "Unexpended Funds Bylaw No. 2424, 2011", be read a second time by title." 27. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That Bylaw No. 2424, "Unexpended Funds Bylaw No. 2424, 2011", be read a third time by title." ENQUIRIES & SUNDRY MATTERS 28. Councillor Henningson reported on the railway and tracks. 29. Councillor Hickey reported on the success of the 1st Annual Round the Mountain Race. 30. Councillor Hoglund advised that the City's public Auction is going on line. 31. Mayor Ogilvie reported on his attendance at Youth Stock held in Rotary Park on Saturday, June 25, 2011 by the SPARK for Youth Society.

32. Councillor Bush reported on the Round the Mountain Race noting that there were many families participating and was a great event for the community. 33. Councillor Weston reported on her attendance at a meeting of Interior Health; Health Centre Society meeting; ImagineKimberley Sustainability session held at the Conference & Athlete Training Centre; the Youth Stock event at Rotary Park; and the Round the Mountain Race. 34. Councillor Weston gave Notice of Motion that she would be introducing the following motions at the July 11, 2011 Regular Council Meeting: "That Section 6 of Council "Procedure Bylaw No. 2205, 2004" be amended to add "adoption of agenda" to the general order of the Council agenda." "That Council "Procedure Bylaw No. 2205, 2004" be amended to replace the masculine pronouns with gender neutral terms." "That Council "Procedure Bylaw No. 2205, 2004" be amended by clarifying and stating the quorum required for standing committees." COMING EVENTS 35. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That pursuant to Section 90.(1) of the Community Charter, this meeting is closed to the public on the basis that the subject matter of all agenda items to be considered relates to matters listed under Sections 90.(1) and/or (2) of the Community Charter, and specifically matters listed under Sections 90.(1) (c) and (f). The Regular Meeting of Council was closed to the public at 8:38 p.m. The Regular Meeting of Council was re-opened to the public at 9:11 p.m.

ADJOURNMENT 36. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That the Meeting do now Adjourn." The Meeting Adjourned at 9:11 p.m. MAYOR Certified Correct: CHIEF CORPORATE ADMINISTRATION OFFICER /hh