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THE CORPORATION OF THE DISTRICT OF SPARWOOD

Minutes of the Regular Meeting of the District of Sparwood Council held on Tuesday, February 19, 2019 at 6:00 PM in Council Chambers, Municipal Office located at 136 Spruce Avenue.

PRESENT: Mayor D. Wilks Councillor J. Baher Councillor B. Bowen Councillor A. Cardozo Councillor J. Christensen Councillor J. Jarina Councillor R. Saad

STAFF PRESENT: Michele Schalekamp, CAO/Director of Finance Danny Dwyer, Director of Engineering Jeremy Johnston, Manager of Planning Tyler Madsen, Director of Operations

ABSENT:

Michelle Martineau , Director of Corporate Services Dean Spry, Director of Fire Services

1. CALL TO ORDER

1.1 Mayor Wilks called the meeting to order at 6:00 pm .

2. APPROVAL OF AGENDA AND LATE ITEMS

2.1 Late ltem(s) to be added or removed from the agenda. An in-camera discussion related to labour matters was added to the agenda as Item 15.7 and the question period was moved so that it followed "Announcements from Council''.

2.2 Agenda Approval

19-51 MOVED AND SECONDED THAT the agenda be approved as amended.

2.3 Electronic Attendance by up to two members of Council No members participated electronically.

3. ADOPTION OF MINUTES

CARRIED

3.1 Minutes of the Regular Meeting of Council held February 5, 2019 and minutes of the Special Meetings held February 5, 11and12, 2019 for adoption.

19-52 MOVED AND SECONDED THAT the minutes of the Regular Meeting of Council held February 5, 2019 and the Special Meetings held February 5, 2019 at 2:00 pm with Teck Coal , 4:30 pm with the consultants contracted to complete the Zoning Bylaw review, and on February 11 and 12, 2019 be adopted as presented. CARRIED

4. PUBLIC AND OTHER HEARINGS

4.1 No items.

5. PETITIONS AND DELEGATIONS

5.1 No petitions or delegations.

6. STAFF REPORTS

6.1 Proposed AKBLG Resolution Council received the February 14, 2019 report from the Director of Corporate Services, Michelle Martineau.

District of Sparwood Regular Council Meeting Minutes of February 19, 2019 2

19-53 MOVED AND SECONDED THAT WHEREAS the Provincial Government of British Columbia has ceased to reimburse local governments for their expenditures of stand-by pay for key emergency staff during peak freshet and wildfire hazard seasons in 2018; AND WHEREAS the Regional District of East Kootenay has observed an upsurge in the requirement of this service due to environmental circumstances, including climate change; AND WHEREAS the Regional District of East Kootenay views the elimination of this funding by the Provincial Government of British Columbia as a downloading of provincial responsibilities to local governments; AND WHEREAS the District of Sparwood is now required to pay a portion of that service cost to the Regional District of East Kootenay for participation in the Elk Valley and South Country Emergency Program to cover the cost of this service previously reimbursement by the Provincial Government of British Columbia to the Regional District of East Kootenay; THEREFORE BE IT RESOLVED that the District of Sparwood requests that the Provincial Government of British Columbia restore standby pay during freshet and wildfire seasons as an eligible expense for reimbursement to local governments. CARRIED

6.2 Purchase of Hooklift Truck Council received the February 13, 2019 report from the Director of Operations, Tyler Madsen. Mr. Madsen responded to questions of Council.

19-54 MOVED AND SECONDED THAT Council approve the purchase of a Hooklift Truck for an amount of $256,751 .16, excluding applicable taxes, from Freightliner of Cranbrook Ltd.

CARRIED

6.3 Proposed New Exempt Staff Position Council received the February 14, 2019 report from the Director of Corporate Services, Michelle Martineau. The CAO, Michele Schalekamp, responded to questions of Council.

19-55 MOVED AND SECONDED THAT Council authorize Staff to create a new exempt staff position which is responsible for human resource, safety and communications functions; AND THAT the position be funded through current operating budgets.

Consideration of the above motion was deferred to the February 26, 2019 Committee of the Whole meeting. Following that meeting, the above motion will then be considered and voted on by Council at a meeting determined by the Committee of the Whole.

19-56 MOVED AND SECONDED THAT Council defer consideration of the matter to the next regular Committee of the Whole meeting scheduled for Monday, February 25, 2019.

CARRIED Councillor Saad was opposed

6.4 Middletown - Highway 3/43 Intersection lmprov~ments - Cost Overruns Council received the February 13, 2019 report from the Director of Engineering Danny Dwyer. Mr. Dwyer responded to questions of Council.

19-57 MOVED AND SECONDED THAT Council authorize the 2018 $274,539.00 budget overrun on the Middletown - Highway 3/43 Intersection Improvements project with the source of funding to be the Land Sale Reserve; AND THAT Council approve the 2019 capital budget of $330,000.00 for completion of the Middletown - Highway 3/43 Intersection Improvements project. CARRIED

6.5 2019-2023 Financial Plan - 2019 Operating Budget (Draft) Council received the February 15, 2019 report from the Acting CAO I Director of Finance, Michele Schalekamp. Ms. Schalekamp provided an overview and responded to questions of Council. The directors of Corporate Services, Engineering, Finance and Fire Services and the manager of Planning provided departmental overviews to Council.

19-58 MOVED AND SECONDED THAT Council receive and discuss the 2019 Operating Budget (Draft) as presented in the February 15, 2019 report from the Acting CAO I Director of Finance, and direct Staff to make adjustments to the Operating Budget as required . CARRIED

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District of Sparwood Regular Council Meeting Minutes of February 19, 2019 3

7. UNFINISHED BUSINESS

7.1 Development of an Off-Leash Dog Park report from the January 22, 2019 meeting The January 16, 2019 report from the Director of Community and Facility Services, Duane Lawrence, which was deferred at the January 22, 2019 regular meeting was considered by Council. Mayor Wilks required that Council reconsider their vote on the zoning and OCP amendments which would allow for the development of a dog part at 441 Pine Avenue .

19-59 REQUIRED BY MAYOR WILKS THAT the motion defeated by Council on January 22, 2019 "that Council direct Staff to prepare amendments to the Zoning Bylaw and Official Community Plan to allow for the development of a dog park at 441 Pine Avenue" be reconsidered.

CARRIED

19-16 MOVED AND SECONDED THAT Council direct Staff to prepare amendments to the Zoning Bylaw and Official Community Plan to allow for the development of a dog park at 441 Pine Avenue . CARRIED

19-60 MOVED AND SECONDED THAT Council direct Staff to amend Sparwood Animal Control Bylaw No. 821 , 2000 to allow for dogs to be off-leash in designated areas. CARRIED

19-61 MOVED AND SECONDED THAT Council approve the expenditure of $30,000 towards the development of a dog park, subject to the Dog Park Working Group securing the balance of the funding needed to complete the development of a dog park. CARRIED

8. CORRESPONDENCE

8.1 No items.

9. REPORTS OF COUNCIL, COMMITTEES, COMMITTEE OF THE WHOLE

9.1 Draft minutes from the Public Relations Committee Meeting held February 12, 2019

19-62 MOVED AND SECONDED THAT Council approves the recommendation from the Public Relations Committee to direct Staff to bring forward a Terms of Reference for the Public Relations Committee. CARRIED

9.2 Draft minutes from the Socio-Community & Economic Effects Advisory Committee meeting held February 13, 2019 for Council's information Council received the draft minutes for information purposes only.

10. BYLAWS

10.1 Procedure Bylaw 1245, 2019 for adoption Council received the February 13, 2019 report from the Director of Corporate Services, Michelle Martineau.

19-63 MOVED AND SECONDED THAT Council adopts Procedure Bylaw 1245, 2019. CARRIED

10.2 Revitalization Tax Exemption Program Bylaw 1170, 2015, Amendment Bylaw 1248, 2019 Council received the February 14, 2019 report from the Acting CAO I Director of Finance, Michele Schalekamp.

19-64 MOVED AND SECONDED THAT Council give three readings to Revitalization Tax Exemption Program Bylaw 1170, 2015, Amendment Bylaw 1248, 2019; AND THAT Staff be directed to advertise notice of the amendment in accordance with the Community Charter. CARRIED

District of Sparwood Regular Council Meeting Minutes of February 19, 2019 4

11. NEW BUSINESS

11 .1 Sale of Lot 3, Plan EPP 23685 (Middletown Place)

19-65 MOVED AND SECONDED THAT Council rise and report on their January 22, 2019 in-camera decision to enter into a sales agreement with Aspen Development Corp for Lot 3 at Middletown Place. CARRIED

The CAO, Michele Schalekamp, reported on the details of the sale on behalf of Council.

13. INFORMATION ITEMS

13.1 The following correspondence was included for Council's information: 1. Emergency Social Services Month End Report for January 2019 2. Chamber of Commerce AGM Invitation 3. Elk Valley Water Quality Plan 4. RCMP Quarterly Report for Q4 2018

14. ANNOUNCEMENTS FROM COUNCIL

14.1 Mayor Wilks invited all members of Council to share any announcements they had. Mayor Wilks announced the formal appointment of Michele Schalekamp as the new CAO for the District of Sparwood.

12. QUESTION PERIOD

12.1 No members of the public or media present.

15. IN-CAMERA MOTION REQUIRED

15.1 Motion to close meeting to the public.

19-66 MOVED AND SECONDED THAT the remainder of the meeting be closed to the public in order that the item(s), the subject of which fall under Section 90(1) of the Community Charter be discussed by Council which pertains to: (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; (c) labour relations or other employee relations; (d) the security of the property of the municipality; (e) the acquisition, disposition or expropriation of land or improvements, which council considers that disclosure could reasonably be expected to harm the interests of the municipality; and (f) law enforcement, which council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment. CARRIED

Council took a brief recess, by unanimous consent, at 7:34 pm and then reconvened in-camera at 7:45 pm.

15.2 Closed minutes from February 5 and 12, 2019 for adoption.

15.3 Section 90(1) (a) personal information - appointment

In-Camera decision released to the public:

IC19-10 MOVED AND SECONDED THAT Council appoint Shelby Bell as Deputy Emergency Social Services Director for the District of Sparwood; AND THAT the Mayor and Corporate Officer be authorized to execute the agreement as attached to the Director of Corporate Services' report dated February 4, 2019; AND FURTHER THAT Council's decision to appoint Shelby Bell as Deputy Emergency Social Services Director for the District of Sparwood be released to the public. CARRIED

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District of Sparwood Regular Council Meeting Minutes of February 19, 2019 5

15.4 Section 90 (1) (f) law enforcement - encroachments

In-Camera decision released to the public:

IC19-11 MOVED AND SECONDED THAT Council direct Staff to enter into negotiations for encroachment agreements with offending property owners with existing unaddressed encroachments whereby their encroachments would be permitted to exist until such time as the registered owner(s) on the property title is transferred to a new party; AND THAT Counci l direct Staff that upon successful negotiation of an encroachment agreements, that staff pursue placement of a covenant on the property title of the offending property owner in accordance with Section 219 of the Land Title Act, whereby their encroachments would be permitted to exist until such time as the registered owner(s) on the property title is transferred to a new party; AND THAT Council direct Staff to include in the encroachment agreement a clause that requires the offending property owner to pay all costs associated with preparation and registration of the agreement and covenant; AND THAT Council direct Staff to include in the encroachment agreement a clause that requires the offending property owner to pay an annual fee corresponding to property taxes that would be proportionate to the size of the encroachment lands; AND THAT Council direct Staff to communicate to offending property owners that, should they refuse to negotiate an encroachment agreement and Section 219 covenant, that their encroachment must be removed before November 1, 2019; AND FURTHER THAT Council 's decision to take a new approach to addressing encroachments, and the details of that approach, be released to the public. CARRIED

15.5 Section 90 (1) (e) land - easement agreement

15.6 Section 90 (1) (d) security of property - grant

15.7 Section 90(1) (c) labour matters

16. ADJOURNMENT

16.1 Mayor Wilks adjourned the meeting at 9:10 pm .

Certified Correct

David, 1lks, Mayor