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AGENDA REGULAR MEETING OF COUNCIL Monday, August 15, 2011 2:00PM in Council Chambers A. CALL TO ORDER B. ADOPTION OF MINUTES 1. Committee of the Whole Minutes from July 18, 2011 for adoption. 2. Regular Open minutes from July 18, 2011 for adoption. C. INTRODUCTION OF LATE ITEMS D. DELEGATIONS 1. Sy Murseli requesting Council's support in declaring the week of September 11 to 18, 2011 as Terry Fox Week. 2. Jurgen Reinhards, Commodore/Sailing School Director regarding their Fall Canadian Seaspray and Invitational Sailing Regatta. 3. Delight Cowan, Osoyoos Baptist Church Youth Group, regarding Special Event application to hold a concert and free bar-b-q for the community at Gyro Park. Report from Director of Recreation & Leisure Services E. WATER MATTERS 1. Water Accounts in the amount of $48,107.98 for approval. Report from Accounts Payable Clerk F. CORRESPONDENCE 1. Letter from Mayor Cress Farrow, Town of Smithers, to Premier Christy Clark endorsing the recommendations made by the District of Kent regarding the police funding issues. G. BYLAWS 1. Good Neighbour Bylaw No. 1277, 2011 for third reading as amended. Report from Director of Corporate Services H. BUSINESS 1. Penalties on Outstanding Taxes (Folios 00138.033; 00295.143; 00966.870; 01326.020; 01326.026) Report from Director of Finance 2. Restorative Justice Program. Report from Director of Corporate Services Page 1 of 2

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Page 1: REGULAR MEETING OF COUNCIL - Document Center

AGENDA REGULAR MEETING OF COUNCIL Monday, August 15, 2011 2:00PM in Council Chambers

A. CALL TO ORDER

B. ADOPTION OF MINUTES1. Committee of the Whole Minutes from July 18, 2011 for adoption.

2. Regular Open minutes from July 18, 2011 for adoption.

C. INTRODUCTION OF LATE ITEMS

D. DELEGATIONS1. Sy Murseli requesting Council's support in declaring the week of September

11 to 18, 2011 as Terry Fox Week.

2. Jurgen Reinhards, Commodore/Sailing School Director regarding their Fall Canadian Seaspray and Invitational Sailing Regatta.

3. Delight Cowan, Osoyoos Baptist Church Youth Group, regarding Special Event application to hold a concert and free bar-b-q for the community at Gyro Park.

Report from Director of Recreation & Leisure Services

E. WATER MATTERS1. Water Accounts in the amount of $48,107.98 for approval.

Report from Accounts Payable Clerk

F. CORRESPONDENCE1. Letter from Mayor Cress Farrow, Town of Smithers, to Premier Christy Clark

endorsing the recommendations made by the District of Kent regarding the police funding issues.

G. BYLAWS1. Good Neighbour Bylaw No. 1277, 2011 for third reading as amended.

Report from Director of Corporate Services

H. BUSINESS1. Penalties on Outstanding Taxes (Folios 00138.033; 00295.143; 00966.870;

01326.020; 01326.026) Report from Director of Finance

2. Restorative Justice Program. Report from Director of Corporate Services

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Monday, August 15, 2011 Regular Open Meeting Agenda Package

H. BUSINESS3. Municipal Ticketing Procedures Policy 2.4.3.

Report from Deputy Corporate Officer

4. Disabled Access to Town Hall. Report from Chief Administrative Officer

5. Industrial Park Access. Report from Chief Administrative Officer

I. NOTICE OF MOTION

J. REPORTS1. General, Sun Bowl Arena and Payroll Accounts

Report from Accounts Payable Clerk General and Sun Bowl cash requirements to August 15, 2011 representing balances in the following funds, amount to: General Account: $2,864,559.90 Sun Bowl: $22,194.55 Payroll Accounts: $145,526.54

2. Building Permit Report for the month of July 2011.

3. CAO Report

4. Councillors' Report 1. Councillor Rhodes 2. Councillor Ryan 3. Councillor Cronmiller 4. Councillor Chadsey

5. Mayor's Report

K. ADJOURNMENT

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TOWN OF OSOYOOS COMMITTEE OF THE WHOLE

JULY 18, 2011

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PRESENT: Mayor Wells

Councillors Chadsey, Cronmiller, Ryan and Rhodes Staff: Barry Romanko, CAO Michelle Martineau, Deputy Corporate Officer

Mayor Wells called the meeting to order at 9:00 AM. INTRODUCTION OF LATE ITEMS

1. Union of British Columbia Municipalities (UBCM) Ministerial Meetings be added as Business Item #4.

MOTION C20/11 Moved by Councillor Ryan and seconded by Councillor Rhodes and resolved that the above item(s) be added to the agenda and that the agenda be accepted as amended.

CARRIED Councillor Cronmiller joined the meeting at 9:10AM. DELEGATIONS

1. Lynn Popoff, Merle Kindred and Bob Dobson of Habitat for Humanity made a presentation to Council on the work they are doing in the South Okanagan.

Handouts are attached and form part of the minutes.

Closest affiliate office is in Penticton o No affiliate in Osoyoos – we would use the Adopt a House program. o Penticton affiliate would work in a consultant role with us to complete the

work. o Currently constructing a single family home in Penticton on Huth Avenue.

Board chooses the families after reviewing the applications submitted.

Osoyoos would be looking at a multiple family development rather than a single family home on the lots we are purchasing.

Is there any return to the Town on the future sale of the property? o No return of investment from the sale of property o Indirect benefit to the Town through the property tax we would collect.

Habitat for Humanity helps the families become responsible home owners.

Two mortgages on each dwelling o Fair market value, where the family is charged for the actual materials costs o Full mortgage is applied if the family sells before the mortgage is paid off

The family will get back what they have put into the house, they do not make a profit from the sale.

The land is part of the ownership – land is donated to Habitat.

Does Habitat know what kind of participation they could expect to receive from local construction businesses or residents in Osoyoos?

o Difficult to gauge what the participation will be. o Creates excitement when the project becomes visible to the community. o All volunteers must attend a safety course before entering site to ensure

everyone’s safety.

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TOWN OF OSOYOOS COMMITTEE OF THE WHOLE

JULY 18, 2011

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The Habitat for Humanity Canada website is www.habitat.ca

Council to deliberate and decide how to go forward, whether establish an affiliate in Osoyoos or Adopt a House program.

BUSINESS

1. Regional District Okanagan-Similkameen (RDOS) Solid Waste Management Plan.

RDOS is looking for Council’s feedback on the interface.

Were there any changes made to the plan? o No executive summary provided. o Council requested that CAO request a summary of the changes made. o Council would like to see as a methodology by the RDOS, that any changes

on documents are reflected (red-line version), but do not need additional information to move forward.

This would have more effect at the Oliver landfill.

We keep our landfill and the regional landfill in check.

The plan identifies areas that we wouldn’t set up on our own. (ie. food composting)

Like the mandatory recycling in multi-family requirement.

Delighted that they will be taking organic waste o Can they accelerate the process in any way?

There is a bigger picture which we will benefit from. o RDOS have prepared a really good report. o We need to be a part of this and support it.

The Town will be benefit from the audits and statistics that the RDOS will provide. ACTION: Add to regular open today.

2. Real Estate Agent Policy.

There have been a couple of real estate dealings in the past and want to be fair to the real estate agents in Town.

A letter was sent to the major brokers (not individual agents) but received no feedback.

The City of Kelowna is looking at the same process for brokers to assist them in the reality process.

o Adapted their RFP to fit our purposes.

Drafted a policy based upon an RFP going out to the brokers in the community. o Would be a 3 year period with a 2 year extension option. o The agent would be used for both purchase and sale of land.

A lot of work required – what is the real estate community’s interest when they didn’t respond?

o No urgency on this. o This was researched and prepared in response to the verbal complaints

received from local realtors.

ACTION: Bring forward to a regular open meeting to approve policy and RFP process.

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TOWN OF OSOYOOS COMMITTEE OF THE WHOLE

JULY 18, 2011

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3. Delegations.

Current practice is to schedule a maximum of 2 delegations at a meeting.

The June 20, 2011 meeting was an exception to this rule, as the agenda was light and staff permitted a 3rd delegation, then Mayor Wells asked that a 4th delegation be added due to the urgency of their situation.

To set a maximum number of delegations to 2 would limit staff’s ability to add a third delegation under a pressing situation.

Delegations are given 10 minutes to make their presentation to Council, this keeps their presentation concise. Council is able to ask questions of the delegation following their presentation if further information or clarification is required.

o 10 minutes for delegations is the average time allotted in the Okanagan.

Comfortable with the current process which provides for flexibility. 4. Union of British Columbia Municipalities (UBCM) Ministerial Meeting.

No specifics previously provided to staff for drafting reports o Staff requires more details to prepare meeting report requests

Is there good value in attending? Or should we go straight to Victoria to meet with ministers?

o Unsuccessful last time on the goose issue o The first year had to leave study sessions to meet with ministers

Took away from the learning process o Disillusioned last year

After meeting with the ministers, within a couple of weeks they all got changed

Suggest reducing the number of delegates going to UBCM o Costly endeavour for the Town o Happy to receive a report back at Council from the members that attend o Support the idea of a delegation attending with targeted high priority issues

going forward o Council should decide individually if they wish to attend

Benefits of attending UBCM o Networking benefit when attending and staying on site o Valid learning curve – high degree of speakers o Meeting ministers has been a good experience o Opportunity to speak to the province that we don’t get on a daily basis o Can’t put a cost to the networking obtained o Shouldn’t stop learning o The concept is absolutely valuable and needs to be supported and

maintained

There are some things that are a must to attend while there. o SILGA, Resort Municipality

Councillor Cronmiller shared a letter from Lake Country for SILGA regarding a proposed Municipal Auditor General – municipalities have no input on this.

Topics for reports to be drafted: o Transportation – 62nd Avenue, Cottonwood Drive intersection (light) and 85th

Street curbing. o Minister Chong regarding district municipality.

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JULY 18, 2011

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o Faster turnover in approval process. Relationship between provincial governments and municipalities

Why do they need to approve at all? o Council to forward any additional suggestions to Barry Romanko. o Hospital emergency situation (no longer required, press release from the

province went out today regarding their $10M budget approval) Suggest going as a group, Areas “A”, “C”, Oliver and Osoyoos Mayor Wells to send out email to apply for a joint meeting?

o Education – Osoyoos High School potential closure o Policing costs and impacts

ACTION: Draft reports for UBCM Ministerial meeting requests.

ADJOURNMENT MOTION C21/11 Moved by Councillor Chadsey and seconded by Councillor Rhodes and resolved that the meeting be adjourned at 10:25 AM.

CARRIED APPROVED: CERTIFIED CORRECT: MAYOR WELLS DEPUTY CORPORATE OFFICER

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TOWN OF OSOYOOS REGULAR OPEN MEETING OF COUNCIL

JULY 18, 2011

Page 1

PRESENT: Mayor Wells

Councillors Chadsey, Cronmiller, Ryan and Rhodes Water Councillors Moreira and Laranjo Staff: Barry Romanko, CAO

Michelle Martineau, Deputy Corporate Officer Jim Zakall, Director of Financial Services

Mayor Wells called the meeting to order at 2:00 PM. ADOPTION OF MINUTES 1. Committee of the Whole Minutes from July 4, 2011 for adoption. 2. Regular Open minutes from July 4, 2011 for adoption.

The Committee of the Whole Minutes from July 4, 2011 and the Regular Open minutes from July 4, 2011 were adopted by consensus. INTRODUCTION OF LATE ITEMS 1. Regional District Okanagan-Similkameen (RDOS) Waste Management Plan to be added as

business item #6. MOTION 208/11 Moved by Councillor Rhodes and seconded by Councillor Chadsey and resolved that the above item(s) be added and that the agenda be adopted as amended.

CARRIED DELEGATIONS 1. Richard Tessier, Friends of Desert Park Society to share their concerns related to Desert

Park with Council.

a copy of their presentation is attached to and forms part of these minutes.

A non-profit society – originally formed as the Desert Park Society in 2005.

Changed name later to Friends of Desert Park.

Their mission is to develop new activities at the park and maintain the heritage.

Express concerns of many – some are members, some are directors and others.

Wonder why there is no mention of equestrian activities existing in any of the Town’s publications.

Concerned that the equestrian facilities continue to deteriorate rather than be maintained.

Understand the issue between the Town and SIREC must be resolved between the two parties.

Council is moving forwards in making the facility successful.

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TOWN OF OSOYOOS REGULAR OPEN MEETING OF COUNCIL

JULY 18, 2011

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WATER MATTERS 1. Water Accounts in the amount of $26,760.66 for approval.

MOTION 209/11 Moved by Councillor Moreira and seconded by Councillor Laranjo and resolved that the Water District Accounts in the amount of $26,760.66 be approved.

CARRIED CORRESPONDENCE 1. Report from the Okanagan Basin Water Board (OBWB) regarding the July 8, 2011 Meeting

Highlights. 2. Letter from Mike Furey, Assistant Deputy Minister, Ministry of Community, Sport and

Cultural Development, denying funding request for the Osoyoos Pathway/Sidewalk Development Rehabilitation Project made under the Towns for Tomorrow grant program.

3. Letter from Dr. Steven Evans, MD President of the Medical Staff at Oliver Family Health

Clinic, thanking Council for their support at the recent meeting with Minister de Jong in Vancouver.

4. Letter from June Parsons, President of BC Seniors Games Society, confirming receipt of the Town bid to host the 2013 &/or 2014 BC Senior Games. MOTION 210/11 Moved by Councillor Cronmiller and seconded by Councillor Ryan and resolved that Correspondence items 1 to 4 be received for information.

CARRIED

5. Letter from Premier Christy Clark in response to the Town's letter regarding accommodation for seasonal workers near Osoyoos. MOTION 211/11 Moved by Councillor Chadsey and seconded by Councillor Rhodes and resolved that the letter from Premier Christy be received for information

CARRIED

6. Letter from Sylvia MacLeay, President, Council of Senior Citizens' Organizations of BC, requesting Council's support of the elimination of MSP premiums for Seniors at UBCM.

7. Letter from Douglas Edgar, President, BC's Retired Teachers' Association, requesting Council's support of the elimination of MSP premiums for Seniors at UBCM.

MOTION 212/11 Moved by Councillor Ryan and seconded by Councillor and resolved that Council receive and make note of it at UBCM.

CARRIED BYLAWS 1. Municipal Ticket Information Bylaw No. 1279, 2011.

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JULY 18, 2011

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MOTION 213/11 Moved by Councillor Cronmiller and seconded by Councillor Ryan and resolved that Municipal Ticket Information Bylaw No. 1279, 2011 be read a first, second and third time.

CARRIED BUSINESS 1. Exterior Painting - Sonora Community Centre.

MOTION 214/11 Moved by Councillor Rhodes and seconded by Councillor Chadsey and resolved that Council approve the quoted price from A-Wall Repair and Painting Ltd. at a price of $51,179.00 plus HST subject to the submission of references.

CARRIED Jim Zakall joined the meeting at 2:28 PM. Water Councillors Laranjo and Moreira left the meeting at 2:30 PM. 2. $325.90 Penalty on Outstanding Taxes (Folio 01159.044).

MOTION 215/11 Moved by Councillor Ryan and seconded by Councillor Cronmiller and resolved that Council deny the request to waive the penalty of $325.90.

CARRIED 3. $205.60 Penalty on Outstanding Taxes (Folio 00753.000).

MOTION 216/11 Moved by Councillor Chadsey and seconded by Councillor Rhodes and resolved that Council deny the request to waive the penalty of $205.60.

CARRIED 4. Property Tax Update.

MOTION 217/11 Moved by Councillor Rhodes and seconded by Councillor Chadsey and resolved that the Property Tax Report be received for information purposes.

CARRIED Jim Zakall left the meeting at 2:40 PM. 5. Town Sign - Highway 97.

MOTION 218/11 Moved by Councillor Rhodes and seconded by Councillor Cronmiller and resolved that the Administration inform the Ministry of Transportation that Council wants the sign moved to a more visible location and that the Ministry of Transportation pay the entire costs for moving the sign and the landscaping.

CARRIED

6. Regional District Okanagan-Similkameen (RDOS) Waste Management Plan.

MOTION 219/11 Moved by Councillor Rhodes and seconded by Councillor Ryan and resolved that Council support the RDOS Waste Management Plan.

CARRIED

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TOWN OF OSOYOOS REGULAR OPEN MEETING OF COUNCIL

JULY 18, 2011

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NOTICE OF MOTION None. REPORTS 1. Cash Requirements - 1) General Accounts – $2,184,061.56

2) Arena Accounts – $1,923.12 3) Net Payroll Accounts – $66,115.49 Jun. 25/11 – Jul. 8/11 for information

The General Accounts in the amount of $2,184,061.56 were adopted by consensus. The Arena Accounts in the amount of $1,923.12 were adopted by consensus. The Payroll Accounts were received for information.

2. Building Permit Report for the month of June 2011.

MOTION 220/11 Moved by Councillor Chadsey and seconded by Councillor Rhodes and resolved that the Building Permit Report for the month of June 2011 be received as information.

CARRIED 3. Bylaw Enforcement Report.

MOTION 221/11 Moved by Councillor Cronmiller and seconded by Councillor Rhodes and resolved that the Bylaw Enforcement Report be received as information.

CARRIED

4. Committee Reports a) Draft minutes from the May 6, 2011 Lake Recreational & Commercial Use (LRCU)

Task Force meeting. MOTION 222/11 Moved by Councillor Chadsey and seconded by Councillor Ryan and resolved that the draft minutes from the May 6, 2011 Lake Recreational & Commercial Use (LRCU) Task Force meeting be received for information.

CARRIED 5. CAO Report

Barry Romanko presented his report a copy of which is attached to and forms part of these minutes.

MOTION 223/11 Moved by Councillor Rhodes and seconded by Councillor Chadsey and resolved that the CAO Report be received.

CARRIED

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TOWN OF OSOYOOS REGULAR OPEN MEETING OF COUNCIL

JULY 18, 2011

Page 5

6. Councillors’ Reports

Councillor Chadsey:

Remind everyone of the upcoming street dance on July 25, 2011 and then again on August 12, 2011.

o 25th Anniversary. o Congratulations to Frances and everyone at Home Hardware for their 25 years

of entertainment and commitment to the community.

Bluegrass Festival will be held on the weekend of August 5-6, 2011 at Desert Park.

Councillor Rhodes:

Midst of tourist season. o Counted 102 boat trailers in the boat trailer parking lot over the weekend.

Record sales for businesses.

Record yields for cherries this year.

Serious reduction in litter this year. o Public Works staff have been out cleaning up on the weekends. o Thank the staff for reorganizing their lives to be able to work weekends.

BIG thank you and sincere gratitude to Pauline Allison for her efforts towards keeping our public beaches clean (Gyro and Cottonwood Beaches).

Councillor Ryan:

Thank and congratulate the 3 young people who received the Town’s bursary awards of $750 each (Jordan Conti, Karsten Coty-Scholl and Tanner Braithwaite).

Warm welcome to all of our visitors, we hope you enjoy our lake, beaches, trails, wineries, orchards and businesses.

Son recently became engaged, visited Algonquin Park last week to meet his fiancé’s family.

Councillor Cronmiller:

Congratulate Joe and Sarah Dixon on the Osoyoos Desert Half Ironman. o Event had good participation.

New swimming buoys have been installed in the lake to replace the old ones and better identify the swimming areas.

Government takes time with provincial approvals.

Congratulations to Michelle Martineau on her achievement, article in The Okanagan on the weekend, Minister Chong congratulated this year’s recipients recognized by the Board of Examiners.

Thanks to Jim Zakall and all his staff for putting in all the long hours through the tax season.

7. Mayor Well’s Report

Osoyoos Lake Water Science Forum takes place in September 18-19, 2011

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TOWN OF OSOYOOS REGULAR OPEN MEETING OF COUNCIL

JULY 18, 2011

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o $50 registration fee for residents of Osoyoos and Oroville. o Register at the Sonora Community Centre. o Limited number of local residents availability.

Attended OBWB meeting in Vernon.

Met with representatives from Areas “A” and C and Oliver regarding our BC Senior Games application.

Attended a meeting regarding Highway 97 – promoting as a commerce corridor.

News Release came out at noon today announcing a $10M province-wide program which will benefit rural communities and improve patient access to rural emergency services.

ADJOURNMENT MOTION 224/11 Moved Councillor Ryan and seconded by Councillor Rhodes and resolved that the meeting be adjourned at 3:30 PM.

CARRIED APPROVED: CERTIFIED CORRECT: MAYOR WELLS DEPUTY CORPORATE OFFICER

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11-07-18CAO Report BR.docx Page 1 of 3

REPORT

Chief Administrative Officer

MEETING DATE: July 18th, 2011

TO: Mayor and Council

CC:

FROM: Barry Romanko, Chief Administrative Officer

SUBJECT: CAO Report

CAO

Reviewing rewriting job descriptions

Dealing with various marina issues.

Meet with some residents over complaints

SIREC follow up activities COMMUNITY DEVELOPMENT worked on getting ICSP on town website for public review , promotion of this in paper , radio

and town enews . Have copy of draft ICSP at library and town office. working with ministry responsible for RMS program, working on getting 2011 project

approval and funding putting together a 2012 host bid package for presentation at the 2011 PNEDC (Pacific North

Economic Development Council ) in Sun River Oregon. Attended wrap up meeting for Cactus Jalopies Show and Shine Car Festival . No major Met with John Martini and Ken Repkow re Guest TV program in Resorts and putting together

program for Town to put on Guest TV issues this year. Will be starting planning this Sept. for next years event. Slowly grow event

as Major Festival weekend in June Working with group on Water Festival for end of summer 2012 Met with two small Business on relocating to Osoyoos Met with one town business wanting to expand his business

CORPORATE SERVICES

Bylaw Enforcement issues – follow up from long weekend issues; ongoing issues regarding boats in swim areas, unsightly properties, trespass issues (referring to RCMP); Pound hit capacity on July 12.

Complaints are on the increase – animal control, park, transient, unsightly, etc.

Follow up on land ownership issues.

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11-07-18CAO Report BR.docx Page 2 of 3

Election preparation continuing.

Various HR Issues.

Bylaw consolidations.

Website updates.

Front office staff busy on the final days of taxes. Also busy catching up to the number of mail items held up during the postal strike.

FINANCE PLANNING & DEVELOPMENT

1. On July 8th the Agricultural Committee discussed the first draft of the joint Area ‘A’ / Town Agricultural Plan which focuses on land use issues.

2. On July 8th the Waterfront Steering Committee discussed washroom projects, new parking areas, walkway extensions, and upgrading of Lower Spartan Drive.

3. Worked on marina project PUBLIC WORKS

Beach cleaner was out of service, did some work and broke down again.

Moved to weekend work for parks maintance. RECREATION

The quotes for the exterior painting of the Sonora Community Centre have been received and a decision will be made asap. We would like to have this project completed before school starts again at the end of August.

The Sun Bowl Arena started ice operations on July 10th. We are really busy with ice rentals as it is one of the busiest seasons in a long time.

The summer program is going well; we had over 40 children the first week with at least 15 of them from out of town. To date we have 23 out of town children who registered for two or more weeks.

The BC Senior Games bid has been developed and submitted. We had another meeting with the Town of Oliver and the RDOS regarding the financial contribution and we received another resolution from the Town of Oliver showing their support. We also received a letter from the RDOS. Both documents were submitted. The decisions will be made public by the provincial minister in late September or early October.

The official delivery date for the mini bus will be July 29th. As part of the paving work being completed by Peters Brothers, the Sonora parking lot was completed on Wednesday, July 13th Barry Romanko

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11-07-18CAO Report BR.docx Page 3 of 3

Chief Administrative Officer

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/July-29-2011

Town ofOsoyoos8707 Main St.P0 Box 3010Osoyoos, BC VOH 1 VU

Mayor and CouncilRE: Regatta Parking 20]]

The Lake Osoyoos Sailing Club will once again hold the Canadian SeaprayChampionship and Invitational Regatta on September 9, 10 & 11, 2011.This on going annual event attracts sailorsfrom across western Canada.As in previous years, the sailors appreciated being able to park on Clubproperty during this event Many will be staying in local hotels but theyoung sailors enjoy camping on the club property during this special event

LOSC understands that improvements are being made z’o the surroundingarea but the activities during this Special Event will not interfere with anyconstruction.

Should any questions arise a delegation would be willing to appear at theCouncil meeting ofAugust 15, 20]!.

Regards,

.Jurgen Reinhards,Commodore/Sailing School Director

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EXTRACTED FROM THE

September 7, 2010

REGULAR OPEN MEETING OF COUNCIL

DELEGATIONS

2. Jurgen Reinhards, Lake Osoyoos Sailing Club Fall Canadian Seaspray and Invitational Sailing Regatta.

Jurgen Reinhards addressed council.

September 10, 11, 12 Sailing Club holds regatta.

Are looking for all night parking.

Sailing Club has been on this site since 1964.

Regattas have been held since 1964 with some out of town participants staying overnight.

They have never allowed or encouraged overnight parking on town land.

Have never had any complaints from anyone, including area residents.

In 2009 advised Town they would have overnight parking on their property. This was meant as informing rather than requesting permission.

They were advised from Town that this permission would be granted but for 2009 only due to upgrades that are planned for this area.

They do not park on public parking area overnight.

Approximately 40 people will be staying at local hotels/motels and campsites.

Does not feel with the few tents that will be among the bushes and the motor homes that it will not be too offensive to anyone.

Parking is on leased end not on public property.

Length of stay is 3 days.

Reviewed options in report – wishes to add option 6. Allow overnight parking on their property and advise yearly as a courtesy.

MOTION 367/10 Moved by Councillor Rhodes and seconded by Councillor Ryan and resolved that Council allow the camping for an additional year.

CARRIED

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2011 08 15 Report to Council (Special Event - the Gathering Place).docx Page 1 of 2

REPORT

Council

MEETING DATE: August 15, 2011

TO: Mayor and Council

CC: Barry Romanko, CAO

FROM: Gerald Davis, Director of Recreation & Leisure Services

SUBJECT: Special Event – The Gathering Place, Community Concert

TRACKING NO.:

BACKGROUND On June 27, 2011 Casey Brouwer, The Gathering Place, made application to hold a concert on September 25, 2011 at Gyro Park. The Willow Park Church in Kelowna shall be providing the band and refreshments for the event. The concert is scheduled as their last event of the day. During the day, a group of young people shall be carrying out random acts of kindness to our community. The entire event is scheduled to take place between 9:00AM and 11:00PM, which includes the time for setting up and take down. They anticipated attendance for the concert is 200 people. OVERVIEW The Special Events Policy 2.1.3 requires that all special events on public property be sanctioned in their inaugural year by Council and that all subsequent special events be authorized by the Town Clerk if they are substantially different from the previous year. Staff intend to amend the policy this year so that it consistent with the Parks and Community Facilities Bylaw No. 1278, 2011, Section 12 (e) that authorizes the CAO to permit processions, marches, drills, performances, ceremonies, concerts, gatherings or meetings within a park or at a community facility. The applicant has requested the use of the Band Shell at Gyro Park, access to a power source and the installation of 5 barricades. They shall be providing security and notifying emergency services, Ambulance, Police and Fire Department, of their event. There shall be no alcohol sold at the event. Refreshments shall be sold, temporary structures erected and amplified music. This applicant has utilized Town facilities in the past and staff have had no issues or objections to report from previous functions.

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Good Neighbour Bylaw No. 1277 Page 1 of 18

TOWN OF OSOYOOS GOOD NEIGHBOUR

BYLAW NO. 1277

A bylaw to regulate fireworks, firearms and other weapons, and nuisances, disturbances and

other activities or things that may be considered a nuisance, disturbance or other objectionable situation or that do not protect or enhance the well-being of the community.

WHEREAS Council deems it desirable to regulate nuisances, disturbances, or other objectionable situations, on private or public property; AND WHEREAS the Community Charter provides that Council may, by bylaw, regulate, prohibit and impose requirements in relation to public places; trees; firecrackers, fireworks and explosives; bows and arrows; the protection and enhancement of the well-being of its community in relation to nuisances, disturbances, and other objectionable situations; public health; and buildings and other structures; AND WHEREAS the Community Charter provides that Council may, by bylaw, regulate or prohibit in relation to the discharge of firearms; NOW THEREFORE the Council of the Town of Osoyoos in open meeting assembled enacts as follows:

PART 1 GENERAL

CITATION

1.1 This Bylaw may be citied as “Good Neighbour Bylaw No. 1277, 2011.” DEFINITIONS 1.2 Definitions for this bylaw are included in Schedule “A” attached to and forming part of this

Bylaw. DESIGNATION

1.3 Except for offences under Part 6 [Firearms and Bows], this Bylaw is designated as a bylaw that may be enforced by means of a municipal ticket information under the Community Charter.

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PART 2

STREET NUISANCES 2.1 No person shall panhandle within 10 metres of: a) an entrance to a bank, credit union or trust company; b) an automated teller machine; or c) the entrance to any liquor store. 2.2 No person shall panhandle in such a way as to impede the ability of a person entering or

exiting a place of business. 2.3 No person shall sit or lie on a street for the purpose of panhandling. 2.4 No person shall panhandle between the time of sunset on any day and sunrise on the

day following. 2.5 No person shall continue to panhandle from a person, or follow a person, after that

person has indicated a negative response to the panhandler. 2.6 No person shall panhandle or solicit business from an occupant of a vehicle, including a

vehicle that is: a) parked; b) stopped at a traffic control sign or signal; or c) stopped temporarily for the purpose of loading or unloading.

PART 3 PROPERTY MAINTENANCE

Private Property 3.1 No owner of real property shall cause, suffer or permit:

a) water, rubbish, noxious, offensive, or unwholesome matter to collect or accumulate on the real property;

b) rubbish to overflow from or accumulate around any container situated on the real property;

c) the real property to become or remain unsightly; d) the accumulation of dead landscaping, vegetation, weeds, noxious weeds or

other growths to occur or to remain on the real property; e) in respect to real property for which a building permit has been issued by the

Town, cause or permit demolition waste, construction waste or trade waste to accumulate on the real property;

f) graffiti to remain on the real property; or g) the storage or accumulation of a derelict vehicle or derelict vehicles unless

stored in an enclosed building or structure.

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Private & Public Property 3.2 No person shall:

a) place graffiti on private property, buildings, structures of any kind, including fences or streets on or adjacent to any public real property;

b) deposit or throw bottles, broken glass or other rubbish in any open place upon private or public property; or

c) abandon a vehicle on a street or public right of way. Boulevard & Lane Maintenance 3.3 Every owner of real property shall maintain the sidewalk, boulevard, and lane adjacent to

their real property and without limitation shall:

a) remove accumulations of filth, leaves, rubbish, discarded materials, hazardous objects and materials that obstruct a drainage facility;

b) remove all filth, leaves, rubbish, discarded materials, hazardous objects and materials from all boulevards and sidewalks;

c) in keeping with the reasonable standard of maintenance in the area, keep grassed areas trimmed and irrigated and reasonably free of weeds;

d) keep in good repair all driveway crossings; e) trim and maintain all trees and plantings; and f) cut, trim or remove any tree, fence, hedge or other item that obstructs or could

reasonably be expected to obstruct the vision or safety of all pedestrians, cyclists or vehicles using streets adjacent to the property;

g) where the real property is in a commercial area, as defined in the Town’s Zoning Bylaw, every owner of real property shall sweep the sidewalks in front of and adjacent to the real property and remove all accumulations of filth, leaves, rubbish, discarded materials, and hazardous objects and materials from adjacent sidewalks no later than 10:00 AM each day; and

3.4 No person shall deposit filth, leaves, rubbish, discarded materials, or hazardous objects

or materials removed from sidewalks, boulevards, lanes, or private property onto Town property or highways.

Snow Removal 3.5 Every owner of real property in a residential area, as defined in the Town’s Zoning Bylaw,

shall remove all snow or ice from all sidewalks bordering the real property within 24 hours from the cessation of a snowfall or storm event which caused such accumulation. An owner shall not use equipment which due to its weight or sharp edges could cause damage to the boulevard or sidewalk.

3.6 Every owner of real property in a commercial area, as defined in the Town’s Zoning

Bylaw, shall remove all snow or ice from all sidewalks bordering the real property no later than 10:00 AM each day. An owner shall not use equipment which due to its weight or sharp edges could cause damage to the boulevard or sidewalk.

3.7 Every owner of real property is required to remove snow or ice from the roof or other part of any structure on the property within 24 hours of the cessation of any snowfall or storm

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event that cause the accumulation, where the location of that structure is such that it is reasonable to expect that the snow or ice on it may fall onto any street.

3.8 No person shall deposit snow, ice or other material removed from sidewalks, boulevards,

lanes, or private property onto Town property or highways. Exemptions (Property Maintenance) 3.9 Where real property contains two acres or more and is assessed as farm land, it shall not

be considered to be unsightly by reason of accumulation of stored materials if those materials are incidental to the operation of a farm, provided that such materials are:

a) not placed or permitted to be stored less than 75 feet from any highway; and b) screened from view by a fence, hedge or other similar structure.

3.10 Where real property is used for industrial or commercial purposes and zoned as such, and where the nature of the business carried on therein requires accumulation or materials that could be considered discarded, but which are necessary for the operation of said business, it shall not be considered to be unsightly by reason of such accumulation if such materials are stored within a screened area so as to not be visible from the outside of the real property.

Notice (Property Maintenance) 3.11 If the Bylaw Enforcement Officer deems a property to be in violation of this Bylaw, he

may: a) serve notice of the violation upon the owner of the real property; or b) serve a Municipal Ticket Information upon the owner of the real property. 3.12 Service of a notice under section 3.11 a) must be:

a) served personally or mailed by prepaid registered mail to the owner of the real property as shown on the current year’s real property assessment roll; and,

b) either posted on the real property or delivered or mailed by regular mail to the occupier of the real property.

3.13 Notice issued under section 3.11 a) must state:

a) the civic address of the subject real property; b) the legal description of the subject real property; c) the particulars of the unsightly nature of the real property or other non-compliance

with the Bylaw to be remedied; d) the time period in which the unsightly nature of the property or other non-

compliance must be remedied; and e) the Town’s remedial action(s) if the property remains unsightly after the time

period given for compliance.

3.14 All owners of real property shall comply within 7 days of the date of such notice for owners that reside within the Town and within 10 days of the date of such notice for

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those that reside outside of the Town. When a Notice is personally served, it will be deemed to have been served that day and when a Notice is not personally served it is deemed to have been served on the third day after mailing or posting.

3.15 Properties that become unsightly again within 15 days of compliance with this Bylaw are

deemed to have remained unsightly. Failure to Comply (Property Maintenance) 3.16 If within the time period specified in the Notice, the requirements in the Notice have not

been complied with, then:

a) the Town by its workers or others, may at all reasonable times and in a reasonable manner, enter the real property and bring about such compliance at a cost of the defaulting owner or other responsible person. Such costs shall consist of all costs and expenses incurred by the Town to achieve compliance with this Bylaw including, without limitation, administrative costs, costs to attend the property by Town employees or its contractors and the costs of removal, clean up and disposal. The Director or CAO shall certify all costs incurred by the Town in performing any such obligations, and such costs shall constitute a debt due and owing.

b) if the owner of real property defaults in paying to the Town the costs referred to in

section 3.16 a) and the said account remains unpaid on the last day in the calendar year in which the remedial work was done, the cost shall be added to and form part of the municipal taxes payable in respect of the said real property as taxes in arrears.

Appeal 3.17 A person upon whom a Notice has been served may, by giving notice in writing to the

Corporate Officer at least 72 hours prior to the expiry of the time given in the Notice to remedy the nuisance, appeal to the Council who must hear and determine the appeal by confirming, amending or rescinding the Notice.

PART 4

LITTERING 4.1 No person shall:

a) leave, scatter, dump or dispose of any rubbish, paper, litter, cigarette butt, glass or any other material either solid or liquid in any public place;

b) stamp, paint, post, affix or otherwise place or distribute any bill, poster, notice or advertisement on any public property without first having obtained written permission from the Town;

c) expectorate, spit saliva, spit tobacco, spit chewing gum, or any other substance in any public place; or

d) deface, injure or damage any property or equipment owned by or in the care of the Town in any public place.

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PART 5 HEALTH REGULATIONS

5.1 No person shall urinate, defecate, deposit or void any urine or excrement in any location

within the Town, whether public or private, other than directly into a toilet which is: a) connected to a municipal sanitary sewer system;

b) connected to a sewage treatment system constructed according to requirements of the Provincial Sewerage System Regulations;

c) a self-contained chemical toilet; or d) a recreational vehicle toilet connected to a holding tank. 5.2 No owner shall permit or cause water to collect or accumulate in an open drain,

watercourse, pond, swimming pool, hot tub or as surface water which could become sufficiently stagnant as to permit the breeding of mosquitoes that may result in the spread of the West Nile Virus or of other harmful disease bearing insects as deemed affecting public safety as determined by the Medical Health Officer.

PART 6

FIREARMS & BOWS 6.1 No person shall discharge any firearm or bow within the Town. Exemptions (Firearms & Bows) 6.2 The provisions in Section 6.1 do not apply to:

a) peace officers or conservation officers required to discharge firearms in the line of duty;

b) the discharge of firearms within an indoor shooting range when authorized by the Chief Provincial Firearms Officer under the Firearm Act;

c) the discharge of blank ammunition used for athletic or sporting events; d) where a person holds a valid permit, licence, authorization or other approval

under the Wildlife Act, RSBC 1996, c.488, or regulations made thereunder to use a firearm or bow, the discharge of firearms by a person authorized in writing by the Town for the control of wildlife or waterfowl on public property and, if on private property, with written authorization of both the Town and the property owner.

6.3 Every person listed in section 6.2 above, when discharging a firearm or using a bow

within the limits of the Town, shall do so only with due regard for the safety and security of other residents, visitors and occupants of the Town.

PART 7

EXPLOSIVES AND FIREWORKS

7.1 No person shall blast, discharge or sell dynamite, gun-powder, fireworks, firecrackers or other explosives within the limits of the Town unless permitted by and carried out in accordance with a permit issued under this Bylaw.

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7.2 The CAO may issue a permit to a person 18 years of age or older or to an incorporated company or society for the discharge of fireworks only for the purpose of the observance or celebration of a Special Public Event where all conditions to obtain a permit under this Bylaw have been met.

7.3 The CAO may issue a permit to a person 18 years of age or older or to an incorporated company or society for the blasting of dynamite or other explosives for the purpose of construction or public safety where all conditions to obtain a permit under this Bylaw have been met.

7.4 Permit applications for discharge of fireworks must be in the form attached as Schedule B and must be submitted to the CAO at least 30 days prior to the date on which the Special Public Event is to occur.

7.5 To be considered for a Permit under Schedule B, which is attached to and forms part of this Bylaw, an applicant must submit the following to the CAO:

a) written permission from the venue where the Special Public Event is proposed to take place;

b) liability insurance as specified in Schedule B and the Town’s Special Event Policy, as amended from time to time;

c) a site diagram showing the location of all buildings, streets, utilities, fireworks, operators, audience members, and fire extinguishers the location of all buildings, streets, utilities within 200 feet of the site;

d) a description of all products to be used, including charge size, effects and manufacturer’s name;

e) a description of the firing system being used; f) a description of the fire prevention precautions in place; g) a copy of the fire safety plan; h) a copy of the applicant’s Licensed Fireworks Supervisor certification; i) references of persons with personal experience discharging fireworks and

coordinating displays; and j) a permit application fee of $50.00.

7.6 Any person named in a permit issued under Schedule B must comply with the provisions of the Town’s Special Event Policy and the safety rules of Class 7, Division 2, Subdivision 2 explosives, or Class 7, Division 2, Subdivision 5 explosives published from time to time by Natural Resources Canada and under the Explosives Act, RSC 1985, c.E-17.

7.7 All permits are subject to the following conditions unless explicitly exempted in the terms of the permit:

a) blasting or discharge shall not be carried on between the time of sunset on any day

and sunrise on the day following; b) blasting or discharge shall not be carried on within three hundred (300) feet of any

school or school grounds between the hours of eight o'clock (8:00) in the morning and five o'clock (5:00) in the afternoon of any school day;

c) blasting or discharge shall not be carried on during Sundays; and

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d) blasting or discharge shall not be carried on within three hundred (300) feet of any church during service on any day.

Exceptions (Explosives and Fireworks) 7.8 The blasting or discharge of fireworks for the Canada Day (July 1) celebrations

sanctioned by the Town will be exempt from the requirements of sections 7.1 through 7.7.

PART 8

NOISE REGULATIONS

8.1 General Prohibitions:

a) no person shall make or cause, or permit to be made or caused, any noise in or on a highway or other public place in the Town which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity of that place.

b) no owner shall allow or permit such real property to be used so that noise or

sound which occurs thereon or emanates therefrom, disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person on the same property or in the neighbourhood or vicinity of that property.

8.2 Specific Prohibitions: Without limiting the generality of Section 8.1 (general prohibitions):

a) no person shall play or operate any radio, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound either in or on private premises or on any street or other public place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person in the neighbourhood or vicinity of those premises or place;

b) no person being the owner shall allow or permit their real property to be used by a

person for playing or operating any radio or stereophonic equipment or other instrument or other apparatus for the production or amplification of sound in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person in the neighbourhood or vicinity of the real property;

c) subject to subsection 8.4(e) no person shall own, keep or harbour any animal or

bird which by its cries or sounds unduly disturbs the peace, quiet, rest or tranquillity of the surrounding neighbourhood or of persons in the vicinity;

d) no person may operate, or cause, suffer or permit the operation of, any motorized

lawn-grooming or garden equipment in the Town before 8:00 AM or after 9:00 PM;

e) no person in the Town shall before 7:00 AM or after 8:00 PM Monday through

Saturday or before 8:00 AM or after 8:00 PM on Sunday, construct, erect,

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reconstruct, alter, repair or demolish any building, structure or thing, or excavate or fill in land in any manner which causes noise or sounds in or on a street or elsewhere in the Town which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of any person in the neighbourhood or vicinity;

f) no owner shall before 7:00 AM or after 8:00 PM Monday through Saturday or

before 8:00 AM or after 8:00 PM on Sunday, cause, permit or allow a person to construct, erect, reconstruct, alter, repair or demolish any building, structure or thing, or excavate or fill in land in any manner which causes noise or sounds in or on any real property, a street or elsewhere in the Town which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity;

g) no person shall create a nuisance or disturbance upon any portion of a street or

other public place by participating in a fight or other similar physical confrontation between consenting or non-consenting persons.

8.3 Boat Noise:

a) No persons shall launch a motor boat from any lands in the Town if that motor boat is equipped with an exhaust system that permits the exhaust gases from the engine to be expelled directly into the air without first passing through the water unless the boat motor is equipped with a muffling device that ensures the exhaust gases from the engine are cooled and expelled without noise that disturbs the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity.

Exemptions – Noise Regulations: 8.4 Despite anything contained in this Bylaw, no person shall be guilty of an infraction of this

Part while:

a) operating Fire Department, Police, or Ambulance vehicles while in the execution of their duties;

b) operating any motor vehicle, generator, machinery or other apparatus or thing during an emergency or for a public purpose or in furtherance of the public interest including, without limiting the generality of the foregoing, snow removal, water main and sewer main repairs and civil defence exercises;

c) performing works of an emergency nature for the preservation or protection of life, health or property, provided that the onus shall be on the person performing the work to show cause that the work was of an emergency nature;

d) lawfully carrying on a trade or industry at a commercial, industrial or light industrial zoned area, provided that the sound or noise therefrom does not exceed the sound or noise common to such trade or industry when carried out in accordance with generally accepted industry standards using equipment and facilities in good operating order;

e) carrying out farm operations conducted in accordance with normal farm practices under the Farm Practices Protection (Right to Farm) Act; or

f) operating residential household equipment including, but not limited to, pool pump

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motors, air conditioning units, exhaust fans, hot tub pumps, provided that the sound or noise therefrom does not exceed the sound or noise generally common to such household equipment when in good operating order and being used in accordance with generally accepted standards;

g) participating in a parade that is proceeding lawfully under a street use permit issued by the Town under its street regulatory enactments.

Special provisions and exemptions 8.5 a) Mobile Public Address Systems:

No person may operate a mobile public address system without first obtaining a permit under this Bylaw and complying with the following terms and conditions:

i) upon application in writing, a permit may be granted by the CAO, for a

mobile public address system, provided such system is used and operated as follows:

the system may only be used between the hours of 9:00 AM and 6:00 PM;

the system must not be operated while the motor vehicle, trailer or other device containing the system is on a street, whether stationary or moving;

the system must not be operated more than once per day on any residential highway which has on either side of it an area zoned residential under the Town’s Zoning Bylaw; and

the system must not be operated so as to cause a nuisance or other disturbance to any person.

ii) a permit for non-commercial purposes shall be for a stated period of days; iii) no fee shall be payable for a non-commercial permit; and iv) a permit fee of $100.00 per day shall be payable for a commercial permit. The CAO may cancel a permit for a mobile public address system if the permit holder fails to comply with the requirements and restrictions on use of the system established in this Bylaw, set out in the permit, or if the permit holder otherwise causes a nuisance.

PART 9

ENFORCEMENT AND OFFENCE 9.1 The following sections of this Bylaw are enforceable by the Town as they relate to the

Highway 97 and Highway 3 corridors within the Town: a) Sections 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 4.1, 5.1,

8.1, 8.2, and 8.5. 9.2 Any person who:

a) violates any provision of this Bylaw, or does any act or thing which violates any

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provision of this Bylaw, or suffers or allows any other person to do any act or thing which violates any provision of this Bylaw;

b) neglects to do or refrains from doing anything required to be done by any provision of this Bylaw; or

c) fails to comply with an order, direction, or notice given under any provision of this Bylaw, or suffers or allows any other person to fail to comply with an order, direction, or notice given under any provision of this Bylaw,

is guilty of an offence, which may be enforced by means of a ticket in the form prescribed in the Community Charter and Local Government Act.

9.3 The Bylaw Enforcement Officer may, to the extent necessary to give effect to this bylaw, enter, at all reasonable times, on any property subject to the regulations of Council, to ascertain whether the regulations or directions of this Bylaw are being observed.

9.4 No person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise of

his duties.

PART 10 NUISANCE

10.1 Without limitation, no owner or occupier of real property shall cause, allow or permit a

nuisance on or from the real property.

PART 11 PENALTY

11.1 Every person who contravenes a provision of this Bylaw is guilty of an offence and is

liable upon summary conviction to a fine not more than ten thousand ($10,000.00) dollars.

11.2 Each day that a contravention of the provisions of this Bylaw exists or is permitted to

exist shall constitute a separate offence.

PART 12 INTERPRETATION AND REPEAL

12.1 If a portion of this Bylaw is held invalid by a Court of competent jurisdiction, then the

invalid portion must be severed and the remainder of this Bylaw is deemed to have been adopted without the severed section, subsequent paragraph, subparagraph, clause or phrase.

Repeal

12.2 Firearms Bylaw 1200, 2004 as amended is repealed.

12.3 Unsightly Premises Regulation Bylaw No. 1207, 2004 as amended is repealed.

12.4 Noise Control Bylaw 880, 1992 as amended is repealed.

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SCHEDULE ‘A’ to BYLAW 1277

In this Bylaw: A word importing the masculine gender includes the feminine or neuter, a word importing the singular includes the plural, and in each case, vice versa. Accumulation means a build up, growth or collection, either scattered, amassed or piled, existing at the time of inspection; Automated teller machine means a device linked to a financial institution’s account records which is able to carry out transactions; Blast means to use, set off, ignite, discharge or explode a firework or other explosive; Boulevard means that portion of highway between the curb or shoulder lines of the lateral boundary lines of a roadway and the adjoining property or between the curbs on median strips or islands, but does not include curbs, sidewalks, ditches or driveways; Bow includes a long bow, recurve bow, composite bow or cross bow and any arrow used with the bow; Bylaw Enforcement Officer means the persons duly appointed by Council as such, and shall include any peace officer; CAO means the Chief Administrative Officer or designate, for the Town of Osoyoos; Container includes a dumpster, rubbish can, rubbish bin or other receptacle designed, intended or used to hold rubbish, discarded materials and debris; Council means the Council of the Town of Osoyoos; Derelict vehicle means a vehicle or part thereof, which: a) is physically wrecked or disabled; b) is not capable of operation under its own power; c) does not have attached number plates for the current year pursuant to the Motor

Vehicle Act Regulations; Director means the Director of Operational Services of the Town or in his or her absence, another person designated by resolution of Council to act in the place of the Director to exercise the Director’s powers under this Bylaw; Firearms includes rifles, pistols, shotguns, air guns, air rifles, air pistols and spring guns; Firecracker means a pyrotechnic device that explodes instantaneously when ignited and does not make any display or visible effect after the explosion, but does not include items classified under the Explosives Act RSC 1985, c.E-17 as low or high hazard fireworks;

Fireworks are as defined by Explosive Regulations, C.R.C., c. 599 under the Explosives Act RSC 1985, c.E-17 and classified as Class 7, Division 2, Subdivision 1 (“consumer fireworks”), or as

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Class 7 Division 2, Subdivision 2 fireworks (“display fireworks”); Graffiti means writing or pictures scratched, painted or drawn by any means on a wall, fence, building, structures of any kind, sidewalk or road but does not include public art murals that may be approved by resolution of Council from time to time; Grass means any of a large family (Gramineae or Poaceae) of monocotyledonous plants having narrow leaves, hollow stems, and clusters of very small, usually wind-pollinated flowers; Highway includes every street, road, land, boulevard, sidewalk, lane, bridge, viaduct and any other area open to public use and any park, building, private place or passageway to which the public has, or is permitted to have access and includes Highway 97 and Highway 3 corridors within the Town of Osoyoos; Lane means a public thoroughfare or way which affords a secondary means of access to a lot at the side or rear; Mobile public address system means a public address system that can be used or is used while mounted on a motor vehicle, trailer, or other such vehicle; Motor boat means a boat or any vehicle used on water that is powered by an engine; Noxious weed means any weed designated by regulation to be a noxious weed pursuant to the Weed Control Act; Nuisance means anything that annoys or gives trouble, or which is offensive, irritating or a pest to any person in the Town; Offensive matter means physical objects which are objectionable to the public; Owner means any person who is the registered owner, or owner under agreement, of real property, and includes any person in actual or apparent possession of real property under a lease, license or other agreement with another owner; Panhandle means to beg for, or without consideration, ask for money, donations, goods or other things of value whether by spoken, written or printed word or bodily gesture for one’s self or for any other person but does not include solicitations by not-for-profit philanthropic or charitable societies or corporations; Peace officer has the same meaning as in the Interpretation Act and includes a bylaw enforcement officer; Person includes a natural person, a company, corporation, partnership, firm, association, society, or party and the personal or other legal representatives of a person to whom the context can apply according to law; Public address system means a sound amplification system, either by megaphone or electronically, used outdoors to disseminate the spoken word and/or music to the public in general, and includes outdoor sound amplification systems used for purposes of a performance, concert, exhibition or entertainment, but does not include systems used for internal

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communications in schools and businesses; Public place includes a highway; Real property means land, with or without improvements so affixed to the land as to make them in fact and in law a part of the real property, and includes individual premises located on the real property; Rubbish in addition to its common dictionary meaning and without limiting the generality of that meaning, includes decaying or non-decaying solid and semi-solid wastes, including, but not limited to, both combustible and non-combustible wastes, such as paper, trash, refuse, cardboard, waste material, cans, glass, bedding, mattresses, crates, rags, barrels, boxes, lumber not neatly piled, scrap iron, tin and other metal scrap paving material, construction and demolition waste, derelict vehicles and other vessels, tires, machinery, mechanical or metal parts, discarded or dilapidated appliances, discarded or dilapidated furniture, ashes from fireplaces and on-site incinerators, yard clippings and brush, wood, dry vegetation, dirt, weeds, dead trees and branches, stumps, and piles of earth mixed with any of the above; Sell includes offer for sale, cause or permit to be sold, trade, give, donate or to otherwise dispose of in any quantity; and to possess for the purpose of sale; and the words “selling” and “sold” have a similar meaning; Special Public Function means the observance or celebration of a special event or festival where a permit may be issued to allow the discharge of fireworks; Street means any highway, roadway, sidewalk, boulevard, lane, place, parking lot or entrance way or right of way which the public is ordinarily entitled or may be permitted to use for the passage of vehicles or pedestrians and includes a structure located in any of those areas; Trees includes shrubs; Town means the Town of Osoyoos; Unsightly in addition to its common dictionary meaning and regardless of the condition of other properties in the neighbourhood, includes property having any one or more of the following characteristics: a) the storage, location or accumulation visible to a person standing on a public

highway or on nearby property, or in a building or structure, situate on a public highway or nearby property, of filth, rubbish, graffiti or any other discarded materials;

b) the untidy storage, location or placement of building materials on a site where construction is not taking place, except where they cannot be seen from a public highway or from nearby property, or from a building or structure situate on a public highway or nearby property;

c) landscaping or vegetation that is dead or characterized by uncontrolled growth or lack of maintenance, or is damaged; or

d) any other similar conditions of disrepair, dilapidation, or deterioration.

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Unwholesome matter means physical objects which are detrimental to the physical or mental well-being of persons; Vehicle means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks or a motor assisted cycle; Weed includes brush, trees, noxious weeds and other plant growth that is allowed to come to a state of causing, or about to cause a nuisance and includes any vegetation where its root system, limbs, or shoots intrude into a lane, street or highway in a manner that may impact travel, construction, maintenance levels, safety, longevity or esthetics of the said lane.

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SCHEDULE B to BYLAW 1277

Application for Permit

Consumer Fireworks or Display Fireworks

Name of applicant: ______________________________________________________

Birth date: ___________________________ Age: _____________________________

Mailing address: ________________________________________________________

__________________________________ Phone: _____________________________

Email: ________________________________________________________________

Licensed Fireworks Supervisor Card No.______________________________________ (attach photocopy) THE APPLICANT HEREBY applies to discharge C0NSUMER � or DISPLAY � (check one) Fireworks on property within the Town as follows:

Location: ____________________________

Date: _______________________________

Time: (Start) ___________ (End) _________

Description of Special Public Event: ________________________________________

Estimated number of spectators: __________________________________________

Expected Type and quantity of fireworks: ____________________________________

Contact name and phone for organizer or sponsor Special Public Event: ___________

Contact name and phone for property owner: ________________________________

READ CAREFULLY

THE APPLICANT CERTIFIES that the applicant understands and will be guided by the provisions of Bylaw No. 1277, as amended from time to time, and all applicable Provincial and Federal laws and regulations, as amended from time to time, and any conditions or restrictions imposed in this permit by the CAO. THE APPLICANT FURTHER CERTIFIES that the applicant is authorized to the appropriate level by Natural Resources Canada to possess and fire, set off or explode fireworks of the class specified within this application. IN CONSIDERATION of $1.00 and other good and valuable consideration, the receipt and sufficiency of which the applicant acknowledges, the applicant covenants that the applicant will indemnify and save harmless the Town of Osoyoos and its elected officials, employees, officers, agents and contractors from and against any and all manner of actions or causes of action, damages, costs, loss, or expenses of whatever kind (including, without limitation, legal fees)

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which the Town or its elected officials, employees, officers, agents or contractors may sustain, incur, or be put to by reason of or arising out of:

a) the issuance of this permit b) the consumer fireworks event or display fireworks event, including, without limitation, the handling, storage, discharging or other use of fireworks in connection with this permit; c) the applicant’s use or occupation of the location upon which the consumer fireworks event or display fireworks event is to occur; or d) any act or omission of the applicant or any person for whom the applicant is at law, responsible, including, without limitation, the non-observance or non-performance of any obligation imposed by Federal or Provincial law.

The applicant acknowledges that he or she has had the opportunity to seek independent legal advice as to the contents of this agreement and that he or she is not under any legal disability. Signature of applicant ________________________________ Date __________________ PERMISSION IS GRANTED to the above applicant to discharge consumer or display fireworks, at the location and on the date and time(s) as set out above, subject to Bylaw No. 1277, as amended from time to time, and to the following conditions and restrictions:

• This permit is not transferable. Only the applicant is authorized under this permit to discharge fireworks.

• The applicant may only discharge the type and quantity of fireworks described in the

application. • The applicant must ensure that all debris and litter related to a consumer fireworks event or

display fireworks event that occurs on Town property, including any litter left by the spectators, is removed from the location at the conclusion of the Special Public Event.

• The applicant must obtain a Comprehensive General Liability insurance policy with an

inclusive limit of not less than $10,000,000.00 per occurrence for bodily injury and property damage and provide evidence of the same to the CAO no later than twenty-one (21) days prior to the Special Public Event

Other conditions: CAO or authorized designate: ______________________________ Date of issue _____________

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2011 08 15 Report to Council (MTI Policy 2.4.3).docx Page 1 of 2

REPORT

Council

MEETING DATE: August 15, 2011

TO: Mayor and Council

CC: Barry Romanko, CAO

FROM: Michelle Martineau, Deputy Corporate Officer

SUBJECT: Municipal Ticketing Procedures Policy 2.4.3

TRACKING NO.: POL-032

BACKGROUND Amendments were made to the Community Charter Bylaw Enforcement Ticket Regulation in the fall of 2010 to allow for graduated penalties and to make a handful of minor edits to ensure greater clarity and ease of use. OVERVIEW In 2011 Municipal Ticket Information Bylaw No. 1279 was drafted to replace Municipal Ticket Information Bylaw No. 1214, 2005 to allow for these graduated penalties and to include enforcement of several new and existing bylaws to be enforced by a Municipal Ticket Information (MTI). Municipal Ticketing Procedures Policy 2.4.3 which was approved by Council on November 21, 2005 has been amended to address these changes and to clarify the protocol to be followed by Bylaw Enforcement Officers and Town Staff. The new sections in the amended policy includes the protocol to follow when issuing and reissuing an MTI, expansion on how to dispute a ticket and revised Schedules. IMPLICATIONS

a) Community Provides greater clarification and direction to the community on the options available to them after they have been issued a municipal ticket.

b) Organizational Provides greater clarification and direction to Bylaw Enforcement and Town Staff when issuing and processing municipal tickets.

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TOWN OF OSOYOOS

POLICY MANUAL

SECTION Corporate Services 2

SUBSECTION General 2.4

TITLE MUNICIPAL TICKETING PROCEDURES

2.4.3

INTRODUCTION

The objective of this policy is to provide general guidance for Bylaw Enforcement Officers and Town employees on policies and procedures related to the issuance of a Municipal Ticket Information (MTI). Part 8, Division 3 of the Community Charter, provides municipalities with the authority to establish a bylaw enabling a Bylaw Enforcement Officer to issue a ticket to impose a fine for a municipal bylaw contravention.

The penalty established for any contravention under the bylaw is the amount that must be paid, the “face value”, to avoid an appearance in court (if disputed) or a deemed conviction. If paid within thirty (30) days of service, the alleged offender may be eligible for a fine reduction. However, the conviction is not registered with the Provincial Court registry. If disputed, the ticket is referred to the Provincial Court for hearing.

POLICY

Ticket writing authority is provided for under the Municipal Ticket Information Bylaw No. 1279, 2011. Only those designated as Bylaw Enforcement Officers are authorized to issue MTI’s.

There are two different types of tickets used for bylaw infractions:

MTI "B" Tickets (traffic) are for motor vehicle-related infractions and includes a demand notice, Notice of Bylaw Infraction, which may be left on the windshield of a vehicle and later completed with the details of the registered owner of the vehicle.

MTI "A" Tickets are for all other bylaw offences identified under Municipal Ticket Information Bylaw No. 1279, 2011 and are served immediately.

PROCEDURE

The following processes shall be followed by Bylaw Enforcement Officers and Town employees.

1. Ticket Books

Ticket books will have the ticket number sequence written on the front cover and will be issued through Corporate Services.

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Town of Osoyoos Municipal Ticketing Procedures Policy 2.4.3 2

The ticket number sequence and name of person who receives the book shall be recorded, by the Corporate Officer or designate, for reference.

Ticket books issued to members of the RCMP shall be recorded as “RCMP” under who book was issued to, not the individual RCMP Officer's name. The RCMP will be responsible for their own system of issuing ticket books once in their possession.

All ticket books must be turned in to the Corporate Officer or designate at the Town office when they are empty and a new book will be issued if necessary.

2. Issuing Municipal Tickets

a) Completing the MTI

MTI "A" Tickets (other bylaws)

Bylaw Enforcement Officer must: indicate on the ticket the name and address of the alleged offender; indicate the location and offence charged, including discounted rate if

applicable; and must sign and date the ticket.

MTI "B" Tickets (traffic)

Bylaw Enforcement Officer must: indicate the description of the vehicle, including make, colour and licence

plate information; indicate the location and offence charged, including discounted rate if

eligible; and must sign and date the demand notice.

If no response is received (paid or disputed) after the seven (7) day period, Corporate Services shall obtain the registered ownership information from ICBC so that a Bylaw Enforcement Officer may serve the ticket upon the individual or corporation.

b) Serving the MTI

Tickets must be delivered personally to the person to whom it is directed unless they fall under the exception below for a corporation.

The ticket must be delivered personally to the alleged offender or left at the person’s residence with someone who appears to be at least sixteen (16) years of age.

The Certificate of Service, on the reverse of the Court Copy is to be completed by the Bylaw Enforcement Officer upon serving the ticket.

If the ticket has been issued to a corporation, it must be personally delivered to a director, manager, secretary or other executive officer of the corporation or a branch or on the attorney of an extra-provincial company.

If the person cannot be conveniently found, under the Offence Act, the ticket may be sent to the Provincial Court for a Justice to order that it be left at or sent by registered mail to the registered or principal office of the corporation.

Review records to verify who is considered a director, manager, secretary or other executive officer prior to serving the ticket.

3. After Tickets Have Been Issued

a) The Bylaw Enforcement Officer will be responsible to bring the entire ticket package (all

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Town of Osoyoos Municipal Ticketing Procedures Policy 2.4.3 3

parts with the exception of the Enforcement Officer’s copy and the part that was issued) to the Corporate Officer or designate as soon as immediately possible after issuing a ticket.

b) The ticket will then be recorded and in the Action Tracking system in accordance with Action Tracking Policy 6.2.4 and a tracking form, Schedule “A”, is to be completed and attached to the ticket by the Receptionist then forwarded to the Corporate Officer or designate.

c) A reminder is set in the Action Tracking system for the end of the fourteen (14) day period and a seven (7) day reminder is set for traffic infractions.

d) A photocopy of the ticket shall be filed numerically in the binder located at the reception desk, as the copy to pull when the alleged offender comes in to pay the fine. The package itself shall be filed in numeric sequence in the Corporate Services MTI binders.

e) The Corporate Officer or designate is responsible for filing the tickets.

f) The holder of the ticket book will keep the Enforcement Officer's copy for their records (intact in the ticket book) and are encouraged to record comments of any incidents on the back of their copy as reference in case needed in court.

4. Re-Issuance of an MTI

If it is determined after a ticket has been served, that it was completed incorrectly or if the alleged offender indicates that they never received the ticket, it can be reissued within six (6) months of issuance.

The original ticket shall be marked “VOID – reissued by MTI #”.

Upon serving the new ticket to the alleged offender, the Bylaw Enforcement Officer shall provide the person with a letter, as per Schedule “C” attached, at the time of reissuance.

The Action Tracker will be updated with the new information with reasons indicated in the comment section. Repeat the process under Section 3 – After Tickets Have Been Issued.

5. Payment of Ticket

a) MTI “A” (other bylaws)

The alleged offender has fourteen (14) days to either pay or dispute the ticket, otherwise will be deemed to have pled guilty to the offence charged and the fine amount will be immediately due.

If the ticket is paid within thirty (30) days of service, a discounted fine may be eligible. Action Tracker will be updated and status changed to Completed when paid.

Persons deemed guilty have thirty (30) days from their conviction date to pay the ticket prior to the ticket being sent to Collections.

b) MTI “B” (traffic)

If after the 7 day period, the ticket remains unpaid, the Corporate Officer or designate will fax a listing (including the licence number and make of the vehicle) to ICBC requesting the registered ownership information as per our Access to Information Agreement.

The Alleged Offender’s copy must then be served on him/her personally or as provided

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Town of Osoyoos Municipal Ticketing Procedures Policy 2.4.3 4

for in the Certificate of Service. After the ticket has been served on the person or corporation, the alleged offender is given fourteen (14) days to either pay or dispute the ticket.

If, after 14 days, the ticket remains unpaid or undisputed, the same procedure as the A tickets must be followed.

6. Disputed Ticket

Tickets may be disputed within 14 days of issuance either by email, letter or by filling out a Notice of Dispute as shown in Schedule “B” attached.

a) If the person wishes to dispute their ticket, have them fill out the Notice of Dispute form and upload a copy of the dispute to the Action Tracking tracker, then forward the form to the Corporate Officer or designate for further action.

b) Any and all disputes must include the following:

the ticket number;

the full name and contact information of the alleged offender;

the date of the offence, and the bylaw name and section of the offence; and

the reason they are disputing the allegation set out in the ticket.

c) Setting of Provincial Court Hearing

The Corporate Officer or designate will notify the Provincial Court of the dispute by filing the required forms.

The Court Clerk will issue a notice of a hearing, setting the time and place for the hearing and notifies both the disputant (alleged offender) and the Town. - The Town must immediately contact the Bylaw Enforcement Officer who issued

the ticket to ensure availability for the court date. - If he is not available to attend, the court is to be notified immediately and a new

date will be set.

Prior to attending a court hearing it is important to obtain an extract of vehicle ownership. - This will be required by the Justice at the hearing. As this can sometimes take

time, it is important that this be done as soon as possible after the dispute is filed. - If the Town is unable to obtain this information on its own, this must be done

through the RCMP and the required information should be hand-delivered by the Bylaw Enforcement Officer to the RCMP office.

Persons convicted in a trial can pay their fine at Provincial Court on trial date or according to a "Time to Pay" (TTP) directive issued by the Justice of the Peace. Payments made at the Provincial Court will be forwarded to the Town. The Justice hearing the case may impose a lesser fine if there are mitigating circumstances.

Action Tracker will be updated and status changed to Completed when paid or found not guilty.

d) Applying to the Provincial Court for a Time Extension

If a person has indicated that they wish to dispute the allegation but fails to attend the hearing, with no fault on their part, and are convicted, they may apply to the court for a time extension under limited circumstances. This appearance may be in writing, based upon an affidavit submitted attesting to the reasons for failing to respond or appear.

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Town of Osoyoos Municipal Ticketing Procedures Policy 2.4.3 5

7. Unpaid Ticket / Deemed Convicted

a) After Fourteen (14) Days from Service

If unpaid or undisputed after fourteen (14) days, the Corporate Officer shall review the MTI for which the alleged offender has been deemed convicted and sent out a letter, as shown in Schedule “D”, giving them thirty (30) days to pay the fine imposed.

A copy of the letter sent out is to be uploaded to the Action Tracking tracker and thirty (30) day reminder is set.

b) After Thirty (30) Days from Deeming Conviction

The Corporate Officer or designate shall send to the Credit Bureau for collections.

A copy of the Credit Bureau form is to be uploaded to the Action Tracking tracker.

c) Financial Services shall notify the Corporate Officer or designate of any collections made by the Credit Bureau. Action Tracker will be updated and status changed to Completed.

d) If ticket remains unpaid six (6) months after sending for collections, check off the “Written Off” box on Schedule A and note that Credit Bureau was unable to collect fine and date when determined. Update Action Tracking tracker and change status to Completed.

8. Reporting

A monthly report on the tickets issued is to be prepared for Council. The report shall include the following information:

MTI number;

Date of the offence;

Location of the offence for (traffic related offences only);

Bylaw name and applicable section of the offence;

Face value and discount amount of the fine; and

Status of ticket (paid, disputed, stayed, written off, unable to serve or sent to collections)

9. MTI - Cash Receipting Procedures

Alleged Offender will appear at counter with either a pink copy (Notice of Bylaw Violation) or a blue copy (Alleged Offender’s copy).

Note the paid date and receipt number on the MTI copy in the binder located at the reception desk.

Enter into cash register as "Misc - BL FINE", note the MTI number in the Tax Receipting system.

Issue receipt along with the pink copy to the customer. Print off a duplicate receipt and forward to the Corporate Officer to file.

Update the Action Tracker, change status to Completed and send Notification to Corporate Officer or designate.

APPROVAL DATE MEETING Regular

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Town of Osoyoos Municipal Ticketing Procedures Policy 2.4.3 6

SCHEDULE ‘A’

MTI Number: Action Tracking Number:

Paid Date: 7 Days (Traffic) ICBC Licence info:

30 Day Discount Period Ends: 14 Days – Review for Deeming:

DISPUTED TICKET

Dispute Date: Sent to Provincial Court:

Court Date: Outcome:

Convicted

Not Guilty

TICKET RESOLUTION

Paid

Voided

Stayed

Sent to Collections

Written Off

Unable to Serve

FORWARD TO COLLECTIONS

Date sent to Collections: Payment received from Collections:

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Town of Osoyoos Municipal Ticketing Procedures Policy 2.4.3 7

SCHEDULE ‘B’

NOTICE OF DISPUTE

Name of Alleged Offender: Telephone:

Address of Alleged Offender:

Date of Offence: Location of Offence: MTI Ticket No.

Bylaw No. Bylaw Name: Bylaw Section:

I am disputing the allegation set out above for the following reason:

Signature Date

8707 Main Street, Box 3010, Osoyoos, BC V0H 1V0 / (T) 250.495.65.15 / (F) 250.495.2400 / (E) [email protected]

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Town of Osoyoos Municipal Ticketing Procedures Policy 2.4.3 8

SCHEDULE ‘C’

[Date] Dear :

Re: Reissuance of Municipal Ticket # A/T File #:

This letter is to notify you that the municipal ticket issued to you on [date of issuance] by the Town of Osoyoos pursuant to [bylaw section and name] for [offence] has been cancelled and re-issued by municipal ticket number [ticket number]. Section 267 of the Community Charter, provides you with the opportunity to either pay the fine or dispute the allegation contained in the ticket within fourteen (14) days of service. After which time, if not responded to, you will be deemed to have pleaded guilty to the offence as charged and the fine amount will be due immediately. The following payment options are available to you:

A reduced fine rate of [discounted fine amount] if the ticket is paid within thirty (30) days of service, by [date], as allowable under Section 265(2) of the Community Charter.

The full fine amount of [face value of fine] if the ticket is paid between [date] and [date].

If the ticket remains unpaid after [date] the Town of Osoyoos will commence action to recover this amount.

Payment can be made in person at the Town Hall, 8707 Main Street, Osoyoos, or by mail to Town of Osoyoos, Box 3010, Osoyoos, BC, V0H 1V0. Please make your cheque or money order payable to the Town of Osoyoos. For your own protection, do not send cash by mail. If you require further information on this matter, please call 495-6515. Yours truly,

Name (Corporate Officer or designate) Title cc:

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Town of Osoyoos Municipal Ticketing Procedures Policy 2.4.3 9

SCHEDULE ‘D’

[Date] Dear :

Re: Municipal Ticket # A/T File #:

On [date of issuance], a municipal ticket was issued to you by the Town of Osoyoos pursuant to [bylaw section and name] for [offence]. Section 267 of the Community Charter, provided you with the opportunity to either pay the fine or dispute the allegation contained in the ticket within fourteen (14) days of service. As you have not responded to the ticket served on you, you have been deemed to have pleaded guilty to the offence as charged and the fine amount is due immediately. The following payment options are available to you:

A reduced fine rate of [discounted fine amount] if the ticket is paid within thirty (30) days of service, by [date], as allowable under Section 265(2) of the Community Charter.

The full fine amount of [face value of fine] if the ticket is paid between [date] and [date].

If the ticket remains unpaid after [date] the Town of Osoyoos will commence action to recover this amount.

Payment can be made in person at the Town Hall, 8707 Main Street, Osoyoos, or by mail to Town of Osoyoos, Box 3010, Osoyoos, BC, V0H 1V0. Please make your cheque or money order payable to the Town of Osoyoos. For your own protection, do not send cash by mail. If you require further information on this matter, please call 495-6515. Yours truly,

Name (Corporate Officer or designate) Title cc:

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11-08-15Disabled Access.docx Page 1 of 2

REPORT

Council

MEETING DATE: Aug. 15th, 2011

TO: Mayor and Council

CC:

FROM: Barry Romanko, Chief Administrative Officer

SUBJECT: Disabled access to town hall

TRACKING NO.: COR 160

BACKGROUND Attached please find email request from citizen requesting improved access to the town office. OVERVIEW The request does note a deficiency in access to the town office. It is noted that staff provide assistance patrons approximately 3 or 4 times a month. The requested doors were installed at the Sonora Centre in 2 in stages during the first renovation and then at the time the library moved into the building. Contact was made with the installer and it was determined that the approximate cost of installation would be $2,500.Funding can be found in contingency. It would appear that sufficient header space is available above the door to provide for the opening mechanism and the power source is close. IMPLICATIONS

a) Community Community has a large number of seniors coming to office that would benefit from this improvement.

b) Organizational Installation of this service would improve customer service and may result in fewer staff trips to assist customer entry.

c) Budget At the time of this report no budget figure was available.

OPTIONS

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11-08-15Disabled Access.docx Page 2 of 2

1. Recognize that is an important service and direct staff to make a priority for installation this year.

2. Recognize that is an important service and direct staff to make a priority for installation in the 2012 budget process.

3. Note as a non priority item and continue with the status quo. 4. RECOMMENDATION Administration recommends option 1. Administration recognizes this as an important community service and although this wouldn’t be considered an emergency capital project funds can be made available. . Barry Romanko Chief Administrative Officer

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11-08-09CAO Report BR.docx Page 1 of 3

REPORT

Chief Administrative Officer

MEETING DATE: August 15th, 2011

TO: Mayor and Council

CC:

FROM: Barry Romanko, Chief Administrative Officer

SUBJECT: CAO Report

CAO

Continue to work on issues related to purchase of the museum specific to new lease development.

Attended Transportations regional visioning workshop for Highway 97.

Met with Transportation planners in relation to Highway 3 planning.

Dealt with marina development issues.

Worked on scoring projects for regional gas tax decision making.

Working on business planning process.

Arranged for ministerial UBCM meetings

Dealt with ice allocation for Osoyoos Coyotes

Continue to work on Desert Park agreement

Work is proceeding with the council remuneration committee to meet in Sept. on my return from vacation.

COMMUNITY DEVELOPMENT

working on Economic Development Board Terms of Reference

Hosted three town businesses at Okanagan Wine Festival Society event at Watermark.

working with potential industry purchasing a lot at Airport Industrial Park

working on installing For Sale sings on the two remaining lots at Park giving them more visibility

working with Home Hardware Building Centre re installing sign Future Home Osoyoos Home Building Centre

working with John Martini Guest TV Network doing one minute video for three main resorts which would include message from mayor and promoting Osoyoos community and run from Sept. to Apr.

worked with WCS to complete Osoyoos ICSP with senior town staff

assisted Community Futures in distributing a Succession Planning survey to town businesses CORPORATE SERVICES

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o Election preparation o Several HR issues including short-listing for two Relief Recreation Facilities Attendants. o Bylaw Enforcement issues. Trailer parking still appears to be the leading issue along with

unsightly properties. o New municipal ticket policy and procedures. o Draft RFP for towing/storage of vehicles. o Catch up on regular duties after tax season. o High number of walk-in/call enquiries. o Recruitment process has been initiated for Deputy Corporate Services FINANCE o Ongoing review of accounts, catching up on back log of items due to tax season, o Set up pre-authorized payment plan for property taxes with the first payment scheduled to come

out August 10 with 171 properties set up. PLANNING & DEVELOPMENT

P&D have been successful in being awarded $10,000 of CMHC Seed Funding Grant monies for Phase 2 of the SE Meadowlark Implementation Project. Consultants will be retained to prepare an new Intensive Residential Development zone and accompanying Development Permit Guidelines.

P&D have received 17 submissions in response to our invitation for Expressions of Interest (EOI’s) to undertake a Fire Hall PreDesign (one late submission was also received). Following review with the Fire Chief, a shortlist of the most qualified architectural companies will be forwarded to Council.

Staff has completed the public participation process on the Sign Bylaw and will report the results to Council on September 6th ,as well as propose a timetable for a public hearing and remaining bylaw readings.

PUBLIC WORKS

Public Works has been busy with everyday maintenance works, more people equals more garbage more water and sewer flows, keeping the parks and beaches in good shape to name a few. Parks crew member now working on weekends to keep up with the weekend flow.

As far as capital works updates are as follows: o The sani dump is well underway with completion in approximately 2 weeks o Swan Crescent is now complete with additional overlay on Finch Crescent also

completed o Torrey Pines street lights are in place o The new riding mower and trail utility vehicle have been received o The “Y” fencing is up o The groundwater protection plan is ongoing

The following projects have been awarded or have gone to tender or will soon be tendered: o 340 reservoir with construction to start this fall with completion date next spring o 74th to Curlew water Main has been awarded o 62nd to the golf course subdivision area sidewalk is tendered and to be open this

week o 45th realignment still waiting for Telus to complete their work

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o Fuji/Spartan intersection will be tendered

Personnel:

John Loura is now PW’s newest full time employee

Derek and Nina Ruck are proud parents of new baby boy Landon brother to Liam and Marcus

RECREATION

The painting of the Sonora Center is well underway and is expected to be completed mid August.

The ringette camp is running at the arena near full capacity August 8-12. We had 69 participants register.

We are hosting an NCCP level 1 course (Sept. 16-17, 2011) – introduction to competition part “A” with Pacific Sport. There is no charge for this course and is open to the general public.

The community bus has a new delivery day of August 19th as there was a delay in getting a component installed.

Audrey Bakewell skating camp is being held on August 15-18 and to date we have 33 participants registered.

Barry Romanko Chief Administrative Officer

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