DISTRICT OF PEACHLAND REGULAR COUNCIL MEETING AGENDA Council Chambers – Community Centre 4450-6th Street Peachland Tuesday, April 23, 2013 at 7:00 P.M. Page 1. CALL TO ORDER 2. AMENDMENTS TO THE AGENDA 3. APPROVAL OF THE AGENDA 4. PRESENTATIONS & DELEGATIONS A. 2012 Financial Statements/ Audit Report Rob Collins- Grant Thornton 5. ADOPTION OF MINUTES A. Regular Council Meeting held April 9, 2013 5 - 11 B. Special Council Meeting held April 9, 2013 13 - 14 C. Special Council Meeting held April 17, 2013 15 - 16 6. UNFINISHED BUSINESS 7. COMMITTEE & STAFF REPORTS A. Minutes to be received for information: 17 - 25 COTW Meeting held April 9, 2013 PEDC Meeting held March 14, 2013 Receive for Information B. Committee of the Whole Summary 27 2 Action Items 8. ADMINISTRATION & FINANCE A. Financial Plan Bylaw No. 2051, 2013 29 - 47 First, Second and Third Reading Consideration B. Tax Rates Bylaw No. 2053, 2013 49 - 53 First, Second and Third Reading Consideration Page 1 of 181 Page C. 2013 Parcel Tax Bylaw No. 2054, 2055, 2056, 2057, 2058, 2059, 2060, 55 - 75 2061, and 2062 First, Second and Third Reading Consideration D. Funding for Climate Change Showdown 77 - 87 Request for Decision 9. PLANNING & DEVELOPMENT A. Zoning Application from R1, Single Family to CD-10 Comprehensive 89 - 107 Development 5251 Buchanan Road, Peachland Request for Decision B. Development Permit DP13/10,003 for work within an environmentally 109 - 143 sensitive area 5261 Buchanan Road Request for Decision C. Beach Ride Rental Company – Mobile Vendor 145 - 166 Request for Decision D. Morrison Hershfield Renewable Energy Opportunities Study 167 - 175 Request for Decision 10. PUBLIC WORKS NIL 11. MAYOR & COUNCILLORS' REPORTS 12. NOTICE OF MOTION 13. CORRESPONDENCE For Action: For Information: A. Okanagan Basin Water Board 177 Re: Application Approved for Water Conservation and Quality Improvement Grant B. Okanagan Basin Water Board Report 179 Re: Board Report dated April 4, 2013 C. BC Small Business Round Table 181 Re: Invitation to Municipalities to compete for the 2013 Open for Business Award 14. OTHER BUSINESS Page 2 of 181 Page 15. QUESTION PERIOD 16. ADJOURNMENT Polly Palmer Corporate Officer April 19, 2013 Page 3 of 181 Page 4 of 181 AGENDA ITEM # 5.A. THE CORPORATION OF THE DISTRICT OF PEACHLAND Regular Council Meeting Minutes Held Tuesday, April 9, 2013 at 7:00 p.m. In the Council Chambers – Community Centre PRESENT: Mayor Fielding, Councillors Condon, Fortin, Hall, Kerbes Moberg and Schierbeck CAO Elsie Lemke Corporate Officer Polly Palmer Director of Community Services Cheryl Wiebe Members of the Public Members of the Media ABSENT: CALL TO ORDER Mayor Fielding called the meeting to order at 7:00 p.m. AMENDMENTS TO THE AGENDA APPROVAL OF THE MOVED by Councillor Schierbeck, SECONDED by Councillor Kerbes: AGENDA RC-04/09/13-001 THAT the agenda for the April 9, 2013 Council meeting be approved as presented CARRIED. ADOPTION OF MINUTES REGULAR Discussion ensued relative to: COUNCIL MEETING Renewable Energy Opportunities - $25,000 is left in the budget for a HELD MARCH 26, more detailed feasibility study respecting a Hydropower project on 2013 Peachland Creek, only if Council decides to move forward with renewable energy after receiving the Morrison Hershfield Alternate Energy Opportunity Study MOVED by Councillor Moberg, SECONDED by Councillor Schierbeck: RC-04/09/13-002 THAT the minutes of the Regular Council meeting held March 26, 2013 be adopted as presented CARRIED. UNFINISHED BUSINESS Regular Council Meeting held April 9, 2013 Page 5 of 181 AGENDA ITEM # 5.A. Regular Council Meeting Minutes April 9, 2013 Page 2 COMMITTEE & STAFF REPORTS COMMITTEE MOVED by Councillor Kerbes, SECONDED by Councillor Condon: MEETING MINUTES FOR INFORMATION RC-04/09/13-003 THAT the following minutes be received for information: COTW minutes of March 26, 2013 Mayor's Task Force on Climate Change minutes of February 27, 2013 Highway 97 Committee meeting minutes of February 4, 2013 Tourism Advisory Committee meeting minutes of February 26, 2013 CARRIED. COTW RECOMMENDATIONS RESIDENTIAL WATER DEMAND MOVED by Councillor Schierbeck, SECONDED by Councillor Kerbes: CALCULATOR RC-04/09/13-004 THAT Council receive for information, the Residential Water Demand Calculator as presented by Tjaart Van den Berg, Landfill Technologies Inc. and Ramon Lawrence, Computer Science, UBC Okanagan; and THAT Council approve the District entering into the UBC Okanagan research program that provides water use information interface for Peachland residential customers. CARRIED. DOG OFF-LEASH AREA GUIDELINES MOVED by Councillor Schierbeck, SECONDED by Councillor Kerbes: RC-04/09/13-005 THAT Council support the proposed dog off-leash area guidelines as well as a multi-year strategy for improving access and availability of off-leash areas in Peachland, to be considered for future budget years. CARRIED. MANAGEMENT MOVED by Councillor Schierbeck, SECONDED by Councillor Moberg: OPERATING AGREEMENTS FOR RC-04/09/13-006 THAT Council approve entering into the Management and THE PRIMARY Operating Agreement with the Okanagan Boys and Girls Club, replacing the SCHOOL current agreement which expires December 31, 2013; and THAT Council approves entering into the Management and Operating Agreement with the Peachland Chamber of Commerce, subject to finalizing the annual compensation. Regular Council Meeting held April 9, 2013 Page 6 of 181 AGENDA ITEM # 5.A. Regular Council Meeting Minutes April 9, 2013 Page 3 AMENDMENT TO Discussion ensued relative to: THE MOTION Having the management and operating agreements expire every three years so that Council’s of each term can decide if they want to renew the agreements The importance of giving the two groups security in their location by having a five year agreement The costs that the two groups are investing into furnishing and decorating their spaces in the Primary School MOVED by Councillor Hall, SECONDED by Councillor Kerbes: RC-04/09/13-007 THAT the management and operating agreements with the Okanagan Boys and Girls Club and the Chamber of Commerce be changed from a five year term to a three year term CARRIED. Councillor Schierbeck OPPOSED. Councillor Moberg OPPOSED. Mayor Fielding OPPOSED. MAIN MOTION AS MOVED by Councillor Schierbeck, SECONDED by Councillor Moberg: AMENDED RC-04/09/13-006 THAT Council approve entering into the Management and Operating Agreement with the Okanagan Boys and Girls Club, replacing the current agreement which expires December 31, 2013 for a period of three years; and THAT Council approves entering into the Management and Operating Agreement with the Peachland Chamber of Commerce, subject to finalizing the annual compensation for a period of three years. CARRIED. Councillor Schierbeck OPPOSED. Councillor Moberg OPPOSED. Mayor Fielding OPPOSED. MANAGEMENT OPERATING MOVED by Councillor Hall, SECONDED by Councillor Fortin: AGREEMENTS FOR THE PRIMARY RC-04/09/13-008 THAT the management and operating agreements with the SCHOOL CON’T Okanagan Boys and Girls Club and the Chamber of Commerce be changed to allow for an annual budget review of the compensation amounts DEFEATED. Councillor Schierbeck OPPOSED. Councillor Moberg OPPOSED. Councillor Kerbes OPPOSED. Mayor Fielding OPPOSED. Regular Council Meeting held April 9, 2013 Page 7 of 181 AGENDA ITEM # 5.A. Regular Council Meeting Minutes April 9, 2013 Page 4 DEPARTMENT REPORTS FOR THE MONTH OF MARCH DEPARTMENT Discussion REPORTS FOR Ponderosa Golf Course MARCH Property across from the Bliss development being for sale. Skate Park – no recent complaints, had some small tags on the site that were removed immediately. MOVED by Councillor Schierbeck, SECONDED by Councillor Moberg: RC-04/09/13-009 THAT Council receive the following March Department Reports for information: Building Inspection and Bylaw Enforcement Community Services and Recreation Corporate Services Fire Department Planning and Development Public Works CARRIED. ADMINISTRATION & FINANCE SEWER RATES MOVED by Councillor Kerbes, SECONDED by Councillor Condon: AMENDMENT BYLAW 2045 RC-04/09/13-010 THAT Sewer Rates Bylaw No. 1935 Amendment Bylaw No. 2045, 2013 be finally reconsidered and adopted CARRIED. COMMUNITY Mayor Fielding presented a report regarding amendments to the Recreation RECREATION Policy FIN-035 that allows the Director of Community Services to waive POLICY FIN-035 equipment rentals under $100.00 Discussion relative to: Discretion given to Community Services Director to waive amounts that exceed $100; Different scenario with respect to rentals and use of equipment MOVED by Councillor Kerbes, SECONDED by Councillor Schierbeck: RC-04/09/13-011 THAT Council approves the amendments to the Community Recreation Policy, FIN-035 as outlined in the staff report dated March 2, 2013 Regular Council Meeting held April 9, 2013 Page 8 of 181 AGENDA ITEM # 5.A. Regular Council Meeting Minutes April 9, 2013 Page 5 AMENDMENT TO MOVED by Councillor Kerbes, SECONDED by Councillor Hall: THE MOTION RC-04/09/13-012 THAT the motion to amend the Community Recreation Policy FIN-035 be amended to include that the Director of Community Services have the discretion to waive rental fees up to $100 DEFEATED. COUNCILLOR Schierbeck OPPOSED. COUNCILLOR Fortin OPPOSED. COUNCILLOR Moberg OPPOSED. COUNCILLOR Condon OPPOSED. COUNCILLOR Kerbes OPPOSED. MAIN MOTION MOVED by Councillor Kerbes, SECONDED by Councillor Schierbeck: RC-04/09/13-011 THAT Council approves the amendments to the Community Recreation Policy, FIN-035 as outlined in the staff report dated March 2, 2013 CARRIED. PLANNING & DEVELOPMENT SIDEWALK AND Mayor Fielding presented a report regarding the start date in the Sidewalk and RIGHT OF WAY Right of Way Policy OCCUPANCY POLICY PRO-267 MOVED by Councillor Schierbeck, SECONDED by Councillor Moberg: RC-04/09/13-012 THAT Schedule A to policy PRO-267 be amended by replacing “May 1” in the schedule with “April 1”, subject to the start date being determined by the Director of Operations. AMENDMENT TO MOVED by Councillor Schierbeck, SECONDED by Councillor Moberg: THE MOTION RC-04/09/13-013 THAT the Main motion include “subject to the provisions of line painting and street sweeping if required” CARRIED.