CITY OF KIMBERLEY. G. Stratton, Chief Corp. Admin. Officer. 1. Moved by Councillor Hoglund, seconded by Councillor McWhinnie:

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1 CITY OF KIMBERLEY MINUTES OF THE REGULAR MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBER, CITY HALL, 340 SPOKANE STREET, ON MONDAY, NOVEMBER 24, 2008 AT 7:00 P.M. Present: Mayor Ogilvie Councillor Bellm Councillor Hickey Councillor Hoglund Councillor McWhinnie Councillor Ratcliffe Councillor West-Sells M. Dodd, Chief Administrative Officer G. Stratton, Chief Corp. Admin. Officer T. Pollock, Coord. Planning Services The Meeting was Called to Order at 7:00 p.m. ADOPTION OF MINUTES 1. Moved by Councillor Hoglund, seconded by Councillor McWhinnie: That the Minutes of the Regular Meeting of Council held November 10, 2008, be adopted. PETITIONS AND DELEGATIONS 2. Ian Ferrie addressed Council regarding 2009 Budget planning sessions, and distributed a copy of his presentation (copy on file). SPECIAL REPORTS 3. Bylaw Enforcement report for the month of October, Moved by Councillor Ratcliffe, seconded by Councillor Hoglund: That the item listed under Special Reports, be received. COMMUNICATIONS: 4. A letter dated November 17, 2008 from Robert Hobson, President Gas Tax/Public Transit Management Services regarding Gas Tax Agreement Community Works Fund Payment.

2 A memorandum dated November 18, 2008 from Chair Robert Hobson, President, UBCM regarding 2009 Property Assessments. Moved by Councillor Bellm, seconded by Councillor Hickey: That the items listed under Communications be received. UNFINISHED BUSINESS 5. A letter dated October 6, 2008 from Hilary Brown requesting consideration of her membership on the Accessibility & Inclusivity Advisory Committee. Moved by Councillor West-Sells, seconded by Councillor McWhinnie: That Hilary Brown be appointed to the Accessibility & Inclusivity Advisory Committee. 6. A memo dated November 24, 2008 from G. Stratton regarding the 2008 General Municipal Election results. Moved by Councillor Hickey, seconded by Councillor Bellm: That the compilation of the information on the ballot accounts for the 2008 General Municipal Election regarding the positions of Mayor and Councillors, and the compilation of the information on the ballot accounts regarding Boundary Extension and Bylaw No cited as Improvements To Highway 95A Loan Authorization Bylaw No. 2351, 2008, as provided by Ms. Leanne Jensen, Chief Election Officer, be received. NEW BUSINESS 7. A letter dated November 7, 2008 from Sioban Staplin, Manager, Kimberley and District Chamber of Commerce, regarding Platzl Snow Removal.

3 Moved by Councillor Hoglund, seconded by Councillor McWhinnie: That the letter be received and referred to the Operations Committee for consideration and action. 8. A letter dated November 10, 2008 from Kate Bennett requesting the rental fees for Centennial Hall be waived for a benefit dance for Tawyna Walters on December 19, Moved by Councillor Hoglund, seconded by Councillor Ratcliffe: That the letter be received and the fundraiser at Centennial Hall on Friday, December 19, 2008 for Tawyna Walters be deemed a City sponsored event and the rental fees be waived. 9. A letter dated November 12, 2008 from Bob Hill, Owner, Kimberley Inn regarding web site links for accommodation properties. Moved by Councillor Hoglund, seconded by Councillor Hickey: That the letter be received and a copy of the letter be sent to Tourism Kimberley. 10. A letter dated November 12, 2008 from Brian De Paoli, Board Member, Kimberley and District Community Foundation requesting the nomination of a representative from Council or City Staff to the Board. Moved by Councillor Ratcliffe, seconded by Councillor Hickey: That the letter be received and referred to the Administration Committee. 11. A letter received November 13, 2008 from Brian McKay, Bootleg Sled Dog Races requesting permission to hang a Banner in January, 2009 to promote the upcoming races.

4 Moved by Councillor McWhinnie, seconded by Councillor Hoglund: That the letter be received and referred to staff to determine an appropriate length of time for the banner to be hung. 12. A memorandum dated November 19, 2008 from C. McGregor, Economic Development Officer regarding an application for the UBCM Tourism Grant Phase Two. Moved by Councillor Hoglund, seconded by Councillor Hickey: That the Economic Development Department apply for the UBCM Tourism Grant Phase Two. 13. A letter dated November 19, 2008 from Mike Redfern, President, Kimberley Arts Council Centre 64 regarding the appointment of a Public Art Committee. Moved by Councillor Ratcliffe, seconded by Councillor Hickey: That the letter be received and referred to the Administration Committee. 14. A memorandum dated November 20, 2008 from G. Stratton, Chief Corporate Administration Officer regarding cancellation of the December 22, 2008 Regular Meeting of Council. Moved by Councillor Hoglund, seconded by Councillor Hickey: That the Regular Meeting of Council scheduled to be held on Monday, December 22, 2008, be cancelled; and That a Special Meeting of Council be held on Monday, December 15, 2008 in Council Chamber, City Hall at 7:00 p.m.

5 15. Holiday Schedule for City Hall, Civic Centre/Marysville Arenas and Kimberley Aquatic Centre for December Moved by Councillor Hoglund, seconded by Councillor Bellm: That the Holiday Schedule be approved as presented. COMMITTEE RECOMMENDATIONS: COMMITTEE OF THE WHOLE: - Nil ADMINISTRATION COMMITTES: Finance Councillor Ratcliffe: 16. Moved by Councillor Ratcliffe, seconded by Councillor West-Sells: That City of Kimberley Cheque Run #29 in the amount of $608, be approved for payment. Administration Committee Councillor West-Sells: - Nil Planning & Development Councillor Hickey: 17. Committee Report - Easement Agreement 295 Spokane Street Moved by Councillor Hickey, seconded by Councillor Ratcliffe: That City signatories be authorized to execute the Easement Agreement and 219 Covenant in the form submitted without the cancellation clause, on property legally described as Amended Lot 4 (See ) Block 1, District Lot 1358, Kootenay District, Plan 1462, civically known as 295 Spokane Street.

6 18. Committee Report Development Variance Permit Applications DVP and DVP (844 and 848 Deer Run Drive) Moved by Councillor Hickey, seconded by Councillor West-Sells: That the Chief Corporate Administration Officer be instructed to give Notice, as required under Section 922 of the Local Government Act, pertaining to Development Variance Permit applications and affecting Lots 11 and 12, District Lot 13801, Kootenay District, Plan NEP66834, civically located at 844 Deer Run Drive and 848 Deer Run Drive; and That the following conditions be met prior to issuance of Development Variance Permit applications and : The proponents entering into an encroachment agreement with the City of Kimberley for the modifications to the boulevard area; Confirmation of a written agreement between property owners for shared use of the driveway; and Submission of a building permit application and engineered plans for the retaining wall system in the boulevard. 19. Committee Report - Community Action on Energy Emissions (CAEE) Funding Agreement Moved by Councillor Hickey, seconded by Councillor Ratcliffe: That City signatories be authorized to execute the Community Action on Energy and Emissions (CAEE) Partnership Agreement; and That the following resolution be adopted: WHEREAS the CITY OF KIMBERLEY has been awarded a grant from Community Action on Energy and Emissions for committing to conserving energy and reducing greenhouse gas and Air Quality Emissions; BE IT RESOLVED that the CITY OF KIMBERLEY endorses the activities and targets outlined in the Community Action on Energy and Emissions grant application, including:

7 Targets for local government / First Nations buildings and operations (at least one is required) Join E3 Fleet for civic / First Nations vehicles and obtain fleet rating by 2009 Achieve LEED Gold or equivalent energy performance standard for 100% of new civic / First Nations Buildings Incorporate a greenhouse gas (GHG) assessment and reduction strategy into either solid or liquid waste management plans by 2010 X Community-wide targets (at least two are required) EnerGuide for New Houses rating of 80 for all new homes by 2010 Achieve energy performance 25% better than the Model National Energy Code for Buildings by 2010 For all homes, a 20% reduction in average energy demand per home by 2020, relative to 2007 levels X For all commercial, institutional and industrial buildings, reduce energy demand by a total of 9% per square metre by 2020, relative to 2007 levels Achieve a 33% overall reduction in per capita transportation greenhouse gas emissions by 2020, relative to 2007 levels Generate 10% of energy needs from community-based, clean energy resources, as defined by the Province s BC Clean Electricity guidelines, or renewable heating systems or fuels (eg., bioenergy) by 2020 Achieve Canada-wide Standards (CWS) for particulate matter (PM 2.5 ) and ground-level ozone by X Sustainability Planning (required) Already have or intend to develop a community energy plan, a greenhouse gas action plan, a local air quality action plan or an integrated community sustainability plan. X 1 The Canada-wide Standard for particulate matter (PM 2.5 ) is 30 ug/m 3 (24-hour average), with achievement based on the annual 98 th percentile value, averaged over 3 consecutive years. The standard for ozone is 65 ppb (daily 8 hour maximum), with achievement based on the annual 4 th highest value, averaged over 3 consecutive years Committee Report - Community Transit Partnership Agreement (Ski Shuttle) Moved by Councillor Hickey, seconded by Councillor West-Sells: That the Kimberley Skier Shuttle Community Transit Partnership Agreement be approved with the addition of a termination clause of 1 month for cause and 3 months for non-cause; and That City signatories be authorized to execute the Agreement.

8 21. Committee Report - Kimberley Soccer Association Letters of Support Moved by Councillor Hickey, seconded by Councillor Ratcliffe: That letters of support be provided to the Kimberley Soccer Association as requested. OPERATIONS COMMITTEES: Health & Protection Councillor Bellm: 22. Committee Report Idle-Free Policy Moved by Councillor Bellm, seconded by Councillor Hoglund: That the Idle Free Vehicle/Equipment Policy dated November 13, 2008, be adopted. Parks & Recreation Councillor McWhinnie: 23. Moved by Councillor McWhinnie, seconded by Councillor Hickey: WHEREAS Kimberley citizens happily share golf tournaments, skiing, cycling as well as other recreational activities and assets with Albertan residents; AND WHEREAS many of Kimberley s full and part-time residents hail from Alberta, specifically the Calgary area; NOW THEREFORE BE IT RESOLVED that the City of Kimberley send a letter of congratulations to the Calgary Stampeders on their victory in the 2008 Grey Cup.

9 Public Works & Utilities Councillor Hoglund: 24. Committee Report Equipment Purchase Wheel Loader Moved by Councillor Hoglund, seconded by Councillor Bellm: That the City purchase a Caterpillar 938H Front End Loader from Finning (Cranbrook) at a total cost of $225, and reallocation of funds be authorized as required. 25. Committee Report Infrastructure Planning Grants - Waste Water Treatment Plant Audit - Ultra Violet Technology Study Moved by Councillor Hoglund, seconded by Councillor Bellm: That the Manager, Operations Services, be authorized to apply for Infrastructure Planning Grants for a Waste Water Treatment Plant Audit and an Ultra Violet Technology Study for the Wastewater Treatment Plant. 26. Committee Report - Bridges Load Rating Report Moved by Councillor Hoglund, seconded by Councillor Hickey: That the Kimberley Bridge Loading report prepared by Associated Engineering and dated November 12, 2008, be received. 27. Committee Report - On Site CI 2 Generation and Mark Creek Power Generation Moved by Councillor Hoglund, seconded by Councillor Bellm: That the City retain Dayton & Knight Ltd. to undertake the Mark Creek On Site CI 2 Generation design/tendering at an estimated cost of $59, and the Mark Creek Power Generation design/tendering at an estimated cost of $22, as outlined in the Manager, Operations Services, memo dated November 17, 2008.

10 28. Mayor Ogilvie mentioned two pictures received from Bruno DeRosa from Trail, showing bronze statues, and noted that the cost of the Kimberley Statue would be $20, BYLAWS Moved by Councillor Hickey, seconded by Councillor Hoglund: That the pictures be referred to the Planning and Development Committee. 29. Moved by Councillor Ratcliffe, seconded by Councillor Hoglund: That Bylaw No. 2357, City of Kimberley Animal Control, Licensing, Impounding and Regulating Amendment Bylaw No. 2357, Amendment No. 9, 2008, be adopted. ENQUIRIES & SUNDRY MATTERS 30. Councillor Bellm thanked everyone at City Hall and members of Council for making his time on Council as enjoyable as it has been. 31. Councillor Ratcliffe advised it had been a pleasure working with present and past Councillors, Societies and staff. 32. Councillor Hickey, Hoglund, McWhinnie and West-Sells mentioned that they had enjoyed working with both Councillors Bellm and Ratcliffe. 33. Mayor Ogilvie stated he would miss both Councillors, especially Councillor Ratcliffe who has been here so many years. He also mentioned that committees still wish Councillor Ratcliff remain as a member. 34. Mr. Chorneyko congratulated the incumbents and Councillors Bellm and Ratcliffe. 35. Councillor Hoglund responded to an enquiry from a person in the gallery regarding the Archibald Street, Marsen Street and Black Bear Crescent bridges.

11 COMING EVENTS: - Nil ADJOURNMENT 36. Moved by Councillor Ratcliffe, seconded by Councillor Bellm: That the meeting do now adjourn. The meeting adjourned at 8:10 p.m. MAYOR Certified Correct: CHIEF CORPORATE ADMINISTRATION OFFICER /hh