Approved March 18, 2010

REGIONAL DISTRICT OF -SIMILKAMEEN REGULAR BOARD MEETING

Minutes of the Board Meeting of the Regional District of Okanagan-Similkameen (RDOS) Board of Directors held at 12:35 pm Thursday, March 4, 2010 in the Boardroom, 101 Martin Street, , . MEMBERS PRESENT: Chair D. Ashton, City of Penticton Director A. Jakubeit, City of Penticton Vice-Chair T. Chapman, Electoral Area ‗E‘ Director G. Litke, City of Penticton Director M. Brydon, Electoral Area ‗F‘ Director R. McLean, Town of Princeton Director E. Christensen, Electoral Area ‗G‘ Director A. Patton, Electoral Area ‗C‘ Director G. Clark, District of Summerland Director M. Pendergraft, Electoral Area ‗A‘ Director W. Despot, Village of Keremeos Director K. Roberge, District of Summerland Director J. Bennest, Alt, Town of Oliver Director B. Schwarz, Electoral Area ‗D‘ Director W. Makepeace, Alt. Electoral Area ‗B‘ Director J. Vassilaki, City of Penticton Director B. Hope, Electoral Area ‗H‘ Director S. Wells, Town of MEMBERS ABSENT: Director G. Hanson, Electoral Area ‗B‘ Director P. Hampson, Town of Oliver STAFF PRESENT: B. Newell, Chief Administrative Officer D. Butler, Development Services Manager D. French, Public Works Manager A. Reeder, Engineering Services Manager L. Walton, Building Inspector C. Garrish, Planner E. Riechert, Planner J. Tamblyn, Environmental Coordinator C. Cowan, Deputy Corporate Officer

1. ADOPTION OF AGENDA

B125/10 It was MOVED and SECONDED THAT the RDOS Board amend the agenda for the RDOS Board Meeting scheduled for March 4, 2010 by:

Adding Item 9.1.1 Corporate Services Committee Motion re: Corporate Strategic Plan Adding Item 9.1.2 Proposed Motion by Director Brydon for Penticton Indian Band Addition to Reserve Adding Item 9.1.3 Proposed Motion by Director Patton for Penticton Indian Band Addition to Reserve

AND receive all correspondence and reports on the March 4, 2010 Agenda. CARRIED

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2. MINUTES (Unweighted Corporate Vote – Simple Majority)

2.1 Budget Committee Meeting – February 11, 2010

B126/10A It was MOVED and SECONDED THAT the RDOS Board receive the minutes of the Budget Committee meeting held February 11, 2010 as presented. CARRIED

2.2 Electoral Area Directors Meeting – February 11, 2010

B127/10A It was MOVED and SECONDED THAT RDOS Board receive the minutes of the Electoral Area Directors Meeting held February 11, 2010 as presented. CARRIED

2.3 Corporate Services Committee Meeting – February 18, 2010

B128/10A It was MOVED and SECONDED THAT the RDOS Board receive the minutes of the Corporate Services Committee Meeting held February 18, 2010 as presented. CARRIED

2.4 RDOS Board Meeting – February 18, 2010

B129/10A It was MOVED and SECONDED THAT the RDOS Board adopt the minutes of the RDOS Regular Board Meeting held February 18, 2010 as circulated. CARRIED

2.5 RDOS Special Board Meeting – February 25, 2010

B130/10A It was MOVED and SECONDED THAT the RDOS Board adopt the minutes of the RDOS Special Board Meeting held February 25, 2010 as circulated. CARRIED

3. DELEGATION

3.1 Anna Warwick Sears, Okanagan Basin Water Board Dr. Warwick Sears addressed the Board with respect to Water Standards.

Director Chapman vacated the Boardroom at 1:20 pm

3.2 Connie Bielert and Rod King, BC Grapegrowers Association Ms. Bielert and Mr. King addressed the Board with respect to the Starling Control Program.

4. CORRESPONDENCE

4.1 Letter dated February 22, 2010 from G. Manning, Chair, Board of Education School District 67

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5. UNFINISHED BUSINESS

Director Chapman returned to the Boardroom at 1:35 pm

DEVELOPMENT SERVICES DEPARTMENT

6. BUILDING INSPECTION (Unweighted Corporate Vote – Simple Majority)

6.1 Building Violation D01511.021 Lot A, Plan KAP56880, DL 104S Civic Address: 153 Linden Avenue

Mr. Jacobs addressed the Board and advised that the bridge structure was moved on site as a module to provide a materials handling walkway. There are four modules to the project. The structure is approximately 20 feet from the curb. The purpose is to put his materials on the end of it and use it as a walkway to move materials down, otherwise he would have to cross 60 feet of dirt and up a ladder, a set of stairs, or hire equipment which is extremely expensive. He installed the No Parking sign to acknowledge that he did not have a permit for it, as well as a sign stating ―Contractor Offloading‖ to say that he is using it for materials handling. WorkSafe BC requested handrail openings be completed, which was done by installing cables along the railings. Mr. Jacobs sent a fax to the RDOS office to notify building officials that he would be doing that work. That is the work that was done after the first Stop Work Notice was placed. He stated that the Stop Work Notice doesn‘t mean much to him; when WorkSafe BC makes a safety request, he‘s going to comply with the Worksafe BC request. With respect to the side yard setback issue, that was resolved with the manager in 2008. Interior Health has provided him with a letter that approves spanning the septic covenant. The covenant will not be reduced or rearranged for parking. He has only one parking option, which is on the structure. With respect to requirements for resolution, the variance of the side yard setback, he requested that staff take the following information into consideration: 1. The building design is a result of error by Ministry of Transport and the RDOS at the time of subdivision. Mitch Benke, Ministry of Transportation, stated that this is a very innovative solution for solving the issue of having no parking as the septic field takes up the whole frontage. 2. In 2007, the RDOS Building Inspector indicated that there were no building material restrictions for this property. Therefore he can use lots of different materials such as concrete and other materials to create structures. But when he comes in for an application, there is discrimination with respect to what is called a structure. It is not consistent. This is a green building product; it is a used steel product with used decking on top. A variance is being requested, but if it is concrete, as in a concrete structural wall or structural fill, the variance isn‘t requested. 3. If he goes to a variance application, instead of directly to a building plan, and it is approved, he‘s OK. If the variance application gets rejected, it would be a nasty scene. It would be an ugly architecturally unconnected house with no parking, which is in a school zone where there is no parking. 4. If he goes the route of a building permit application, everything works. The Administrative Report states that the owner refused to obey a Stop Work Order placed by the Building Inspector. That work was done to address the safety issues identified by WorkSafe BC. The report further states that he removed the Stop Work Order and continued working. That didn‘t happen. The staples fell out of the Notice and the paper fell down behind the No Parking sign where it remains. The report states that the ―second Stop Work Order was placed but the owner had finished attaching the bridge to the house.‖ Mr. Jacobs stated that implied that he continued working on this project. He asked what additional work he did, as that did not happen.

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Director Brydon vacated the Boardroom at 1:45 pm Director Wells vacated the Boardroom at 1:47 pm Director Brydon returned to the Boardroom at 1:51 pm Director Wells returned to the Boardroom at 1:57 pm

B131/10A/B It was MOVED and SECONDED THAT a Section 695 Notice on Title, pursuant to Section 695 of the Local Government Act and Section 57 of the Community Charter (made applicable to Regional Districts by Section 695 of the LGA), be filed against the title of lands described as Lot A, Plan KAP56880, DL 104S, that certain works have been undertaken on the lands contrary to the Regional District Okanagan- Similkameen Building Bylaw No. 2333, 2005; and THAT injunctive action be commenced. CARRIED Opposed: Directors Jakubeit, Christensen, Ashton, Chapman

6.2 Building Violation D02807.761 Lot 1 DL 395s SDYD Strata Plan KAS2945 Civic Address: 1211 Apex Mountain Road

The Building Inspector advised that the property owner supplied the outstanding documentation to allow this permit to be completed. The file has been closed.

6.3 Building Violation E02147.000 Lot 1 Plan 25803 DL 209 Civic Address: 1115 Rounds Road

B132/10A/B It was MOVED and SECONDED THAT a Section 695 Notice on Title, pursuant to Section 695 of the Local Government Act and Section 57 of the Community Charter (made applicable to Regional Districts by Section 695 of the LGA), be filed against the title of lands described as Lot 1 Plan 25803 DL 209, that certain works have been undertaken on the lands contrary to the Regional District Okanagan- Similkameen Building Bylaw No. 2333; and

THAT injunctive action be commenced. CARRIED

6.4 Building Violation F06653.003 Lot 1, DL 3954, Plan 30175, ODYD Civic Address: 571 Fish Lake Road (carport)

B133/10A/B It was MOVED and SECONDED THAT a Section 695 Notice on Title, pursuant to Section 695 of the Local Government Act and Section 57 of the Community Charter (made applicable to Regional Districts by Section 695 of the LGA), be filed against the title of lands described as Lot 1, DL 3954, Plan 30175, ODYD, that certain works have been undertaken on the lands contrary to the Regional District Okanagan-Similkameen Building Bylaw No. 2333. CARRIED

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6.5 Building Violation F06653.003 Lot 1, DL 3954, Plan 30175, ODYD Civic Address: 571 Fish Lake Road (expired permit)

B134/10A/B It was MOVED and SECONDED THAT a Section 695 Notice on Title, pursuant to Section 695 of the Local Government Act and Section 57 of the Community Charter (made applicable to Regional Districts by Section 695 of the LGA), be filed against the title of lands described as Lot 1, DL 3954, Plan 30175, ODYD, that certain works have been undertaken on the lands contrary to the Regional District Okanagan-Similkameen Building Bylaw No. 2333. CARRIED

7. RURAL LAND USE MATTERS

7.1 Agricultural Land Commission Referral (Unweighted Rural Vote – Simple Majority)

Director Litke vacated the Boardroom at 2:04 pm

7.1.1 A01218.000 Hochsteiner (Agent: B. Elenko) 4223 25th Street

B135/10P It was MOVED and SECONDED That the RDOS Board ―authorise‖ the Provincial Agricultural Land Commission application to undertake a homesite severance subdivision in accordance with Section 21(2) of the Agricultural Land Commission Act, at 4223 25th Street, Electoral Area ‗A‘. CARRIED Opposed: Director Brydon

7.2 Parkland Dedication (Unweighted Rural Vote – Simple Majority)

7.2.1 D06799.950 5200Investments Lot 10, Plan KAP86678, District Lot 2710, SDYD

B136/10E It was MOVED and SECONDED THAT the RDOS Board accept the 5% cash in-lieu option rather than the dedication of land for the subdivision of Lot 10, Plan KAP86678, District Lot 2710, SDYD. CARRIED

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7.3 Bylaws to be Introduced (Unweighted Rural Vote – Simple Majority)

7.3.1 E00640.500 & E00641.010/020/030/040 Okanagan Tree Fruit Cooperative and RDOS (agent: New Town Planning) 3855 1st St,

7.3.1.1 Bylaw No. 2458.01, 2010, Electoral Area ‗E‘ Official Community Plan Amendment Bylaw

7.3.1.2 Bylaw No. 2459.04, 2010, Electoral Area ‗E‘ Zoning Bylaw Amendment Bylaw

B137/10P/A It was MOVED and SECONDED THAT Bylaw No. 2458.01, 2010, Electoral Area ‗E‘ Official Community Plan amendment bylaw and Bylaw No. 2459.04, 2010, Electoral Area ‗E‘ Zoning Bylaw amendment bylaw be read a first and second time and proceed to public hearing; AND THAT the Board considers the process, as outlined in the report from the Chief Administrative Officer dated March 4, 2010, to be appropriate consultation for the purpose of Section 879 of the Local Government Act; AND THAT the holding of the public hearing be delegated to Director Chapman or Alternate; AND THAT staff schedule the date, time, and place of the public hearing in consultation with Director Chapman or Alternate; AND THAT staff give notice of the public hearing in accordance with the requirement of the Local Government Act. CARRIED

ENGINEERING SERVICES DEPARTMENT

8. ENGINEERING SERVICES

8.1 Bylaws to be Introduced (Unweighted Corporate Vote – 2/3 Majority)

8.1.1 Sewer Reserve Fund Expenditure Bylaw

B138/10E/A/F It was MOVED and SECONDED THAT Bylaw No. 2515, 2010 Okanagan Falls Sewer Reserve Fund Expenditure Bylaw be read a first, second and third time and be adopted. CARRIED

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CHIEF ADMINISTRATIVE OFFICER

9. CAO REPORTS

9.1 Verbal Update Mr. Newell provided an update on the following items:  MLA Meeting  CAO Agenda – Goose Control, 2010 Budget Presentations, Webcasting

Addendum 9.1.1 Corporate Strategic Plan (Unweighted Corporate Vote – Simple Majority)

B139/10A It was MOVED and SECONDED THAT the RDOS Board endorse the following recommendation from the Corporate Services Committee meeting that was held earlier today:

THAT the RDOS Board accept the Corporate Strategic Plan, as amended. CARRIED

Addendum 9.1.2 Proposed Motion – Penticton Indian Band Addition to Reserve Unweighted Corporate Vote – Simple Majority)

B140/10CS It was MOVED and SECONDED THAT The RDOS Board advise Indian and Northern Affairs Canada (INAC) that the Regional District does not oppose the proposed return of the CPR lands to the Penticton Indian Band under the terms of the ATR policy; however the RDOS Board does wish to register the following concerns: 1. Several of the proposed near-term uses of the lots in the proposal—specifically, residential, commercial, and industrial uses—are not supported by residents of the RDOS. The RDOS strongly supports any future land use that is consistent with property‘s de facto status as a valuable part of the Trans Canada Trail. 2. That existing infrastructure encroachments and utility corridors be maintained and respected. 3. That the RDOS wishes to establish an agreement with the Penticton Indian Band concerning the harmonization of land use planning not only with regard to the proposed Reserve additions but with regard to the comprehensive community plan that INAC indicates the Penticton Indian Band is developing for the Reserve. DEFEATED Opposed: Directors Jakubeit, Vassilaki, Litke, Clark, Christensen, Ashton, Chapman, Despot, McLean, Pendergraft Roberge

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B141/10CS It was MOVED and SECONDED THAT the RDOS Board advise Indian and Northern Affairs Canada that the Regional District of Okanagan-Similkameen is concerned with the addition of Kettle Valley Railway lands to the Penticton Indian Band Reserve for the purposes presented in the application, specifically with respect to the following:

1. Several of the proposed near-term uses of the lots in the proposal—specifically, residential, commercial, and industrial uses—are not supported by residents of the RDOS. The RDOS strongly supports any future land use that is consistent with property‘s de facto status as a valuable part of the Trans Canada Trail. 2. That existing infrastructure encroachments and utility corridors be maintained and respected. CARRIED Opposed: Directors Jakubeit, Pendergraft, Christensen

Addendum 9.1.3 Director Patton Proposed Motion – Penticton Indian Band Addition to Reserve (Unweighted Corporate Vote – Simple Majority)

B142/10CS It was MOVED and SECONDED THAT the RDOS Board forward a letter to the Penticton Indian Band Council requesting that RDOS Chair Ashton and Community Services Committee Chair Hanson be provided an opportunity to discuss developing a partnership arrangement in respect to the KVR right of way lands that affect both jurisdictions. CARRIED

Director Litke returned to the Boardroom at 2:09 pm

9.2 Protocol Agreement with the Similkameen First Nations (Unweighted Corporate Vote – Simple Majority)

B143/10A It was MOVED and SECONDED That the Board authorize the Chair, or his designate, and CAO to initiate discussions with the Lower Similkameen Indian Band and the Upper Similkameen Indian Band for the creation of an Accord and Protocol Agreement, based on the wording currently being reviewed by the Penticton Indian Band. CARRIED

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10. LEGISLATIVE ISSUES (Unweighted Corporate Vote – Simple Majority)

10.1 Area ‗C‘ Agricultural Area Advisory Committee Appointment

B144/10A It was MOVED and SECONDED THAT the RDOS Board of Directors appoint the following as members of the Area ‗C‘ Agricultural Area Advisory Committee for 2010:

Greg Norton (Chair) Bill Eggert Bill Freding Hans Buchler Kathy Mercier Swaren Chahal Carl Withler Joe Lariviere

AND THAT a letter be forwarded to Kenn Draymon, Stan Combs and Gene Covert thanking them for their contribution to the Area ‗C‘ Agricultural Area Advisory Committee. CARRIED

10.2 Electoral Area ‗H‘ Advisory Planning Commission Appointment

B145/10A/P It was MOVED and SECONDED THAT the RDOS Board rescind the appointment of the following members of the Electoral Area ‗H‘ Advisory Planning Commission:

Dave Clarke Spencer Coyne Dave Budd Damon Beauchamp Marg Reichart Linda Allison Mark Wong Charles Webber CARRIED

COMMUNITY SERVICES

11. PROTECTIVE SERVICE

11.1 Enhanced 911 Service Agreement (Weighted Corporate Vote –Majority)

It was MOVED and SECONDED THAT the RDOS Board authorize the Chair and the Chief Administrative Officer to execute the ―911 Service Agreement‖ between the Regional District of Central Okanagan and the Regional District of Okanagan-Similkameen for a three year term.

B146/10CS It was MOVED and SECONDED THAT the item be postponed to await clarification on Salary, Administrative and Maintenance costs. CARRIED Opposed: Director Brydon

12. OTHER BUSINESS

12.1 Chair‘s Report

12.2 Director‘s Motions

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12.3 Board Members Verbal Update

ADJOURN

B147/10 It was MOVED and SECONDED That this meeting now conclude. CARRIED (3:03 pm)

APPROVED: CERTIFIED CORRECT:

______D. Ashton B. Newell RDOS Board Chair Chief Administrative Officer

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