sun peaks mountain resort municipality

SUN PEAKS MOUNTAIN RESORT MUNICIPALITY

SPECIAL COUNCIL MEETING

AGENDA

7:00 PM Monday, April 3, 2017

Municipal Office

Page

1. CALL TO ORDER 2. ADOPTION OF AGENDA 3. PRESENTATIONS AND DELEGATIONS 3.1.

2016 Audited Financial Statements - KPMG 2016-12-31 Sun Peaks Mountain Resort Municipality DRAFT PCA FS

2 - 25

4. BYLAWS 4.1. Business Licensing and Regulation Amendment Bylaw No. 0030-003, 2017 -

Third Reading 2017-04-03 - Business Licence Bylaw Amendment

Bylaw #0030 -003- Business Regulation Bylaw Amendment

26 - 29

4.2.

Procedures Bylaw No. 001-002, 2017 2017-04-03 - Council Procedure Bylaw Amendment

Bylaw #0001 - Council Procedure

Bylaw #0001-002 - Council Procedure Amendment

30 - 47

5. STAFF REPORTS 5.1. Administration Report

Administration Report March 2017

48 - 50

6. CORRESPONDENCE AND INFORMATION ITEMS 6.1. Dog Trails

2017-04-03 Dog Trails

51

6.2. Communities on the Move

2017-04-03 Communities on the Move

52

6.3. Refrigeration System Noise

2017-03-31 Cooling System Noise - Beringer

53

7. QUESTIONS FROM THE PUBLIC 8. CLOSE MEETING

of 53

Financial Statements of

SUN PEAKS MOUNTAINRESORT MUNICIPALITY

Year ended December 31, 2016

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2016 Audited Financial Statements - KPMG of 53

SUN PEAKS MOUNTAIN RESORT MUNICIPALITYFinancial Statements


Financial Statements

Management's Responsibility for the Financial Statements

Independent Auditors' Report

Statement of Financial Position 2

Statement of Operations 3

Statement of Change in Net Financial Assets 4

Statement of Cash Flows 5

Notes to Financial Statements 6

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MANAGEMENT'S RESPONSIBILITY FOR THE FINANCIAL STATEMENTS

The accompanying financial statements of Sun Peaks Mountain Resort Municipality (the"Municipality") are the responsibility of management and have been prepared in compliance withlegislation, and in accordance with generally accepted accounting principles for local governmentsestablished by the Public Sector Accounting Board of The Chartered Professional Accountants ofCanada. A summary of the significant accounting policies are described in Note 1 to the financialstatements. The preparation of financial statements necessarily involves the use of estimates basedon management’s judgment, particularly when transactions affecting the current accounting periodcannot be finalized with certainty until future periods.

The Municipality’s management maintains a system of internal controls designed to providereasonable assurance that assets are safeguarded, transactions are properly authorized and recordedin compliance with legislative and regulatory requirements, and reliable financial information isavailable on a timely basis for preparation of the financial statements. These systems are monitoredand evaluated by management.

Mayor and Council meet with management and the external auditors to review the financialstatements and discuss any significant financial reporting or internal control matters prior to theirapproval of the financial statements.

The financial statements have been audited by KPMG LLP, independent external auditors appointedby the Municipality. The accompanying Auditors’ Report outlines their responsibilities, the scope oftheir examination and their opinion on the Municipality’s financial statements.

Chief Administrative Officer Finance Officer

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KPMG LLP200-206 Seymour StreetKamloops V2C 6P5CanadaTel (250) 372-5581Fax (250) 828-2928

INDEPENDENT AUDITORS' REPORT

To the Mayor and Council of Sun Peaks Mountain Resort Municipality

We have audited the accompanying financial statements of Sun Peaks Mountain Resort Municipality("the Municipality"), which comprise the statement of financial position as at December 31, 2016 andthe statements of operations, change in net financial assets and cash flows for the year then ended,and a summary of significant accounting policies and other explanatory information.

Management's Responsibility for the Financial Statements

Management is responsible for the preparation and fair presentation of these financial statements inaccordance with Canadian public sector accounting standards, and for such internal control asmanagement determines is necessary to enable the preparation of financial statements that are freefrom material misstatement, whether due to fraud or error.

Auditors’ Responsibility

Our responsibility is to express an opinion on these financial statements based on our audit. Weconducted our audit in accordance with Canadian generally accepted auditing standards. Thosestandards require that we comply with ethical requirements and plan and perform an audit to obtainreasonable assurance about whether the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosuresin the financial statements. The procedures selected depend on our judgment, including theassessment of the risks of material misstatement of the financial statements, whether due to fraud orerror. In making those risk assessments, we consider internal control relevant to the Municipality'spreparation and fair presentation of the financial statements in order to design audit procedures thatare appropriate in the circumstances, but not for the purpose of expressing an opinion on theeffectiveness of the municipality's internal control. An audit also includes evaluating theappropriateness of accounting policies used and the reasonableness of accounting estimates madeby management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basisfor our audit opinion.

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Opinion

In our opinion, the financial statements present fairly, in all material respects, the financial position ofSun Peaks Mountain Resort Municipality as at December 31, 2016 and its results of operations, itschanges in net financial assets and its cash flows for the year then ended in accordance withCanadian public sector accounting standards.

Chartered Professional Accountants

Kamloops, CanadaApril 3, 2017

KPMG LLP is a Canadian limited liability partnership and a member firm of the KPMG networkof independent member firms affiliated with KPMG International Cooperative(“KPMG International”), a Swiss entity. KPMG Canada provides services to KPMG LLP.

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AGENDA ITEM #3.1.


SUN PEAKS MOUNTAIN RESORT MUNICIPALITYStatement of Financial Position

December 31, 2016, with comparative information for 2015

2016 2015

Financial assets:Cash and short-term investments (note 2) $ 1,818,678 $ 2,765,862Accounts receivable (note 3) 615,791 282,293Loan receivable - 11,682

2,434,469 3,059,837

Liabilities:Accounts payable and accrued liabilities 444,161 199,775Deferred revenue (note 4) 650,321 1,107,489Term debt (note 5) 395,613 453,065Obligation under capital lease (note 6) 32,875 -

1,522,970 1,760,329

Net financial assets 911,499 1,299,508

Non-financial assets:Tangible capital assets (note 7) 13,663,315 11,013,720Prepaid expenses 38,427 27,649

13,701,742 11,041,369

Accumulated surplus (note 8) $ 14,613,241 $ 12,340,877

Commitments and contingencies (note 11)

The accompanying notes are an integral part of these financial statements.

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SUN PEAKS MOUNTAIN RESORT MUNICIPALITYStatement of Operations

Year ended December 31, 2016, with comparative information for 2015

Budget 2016 2015(note 12)

Revenue: Tax levy (note 9) $ 1,568,946 $ 1,567,820 $ 1,527,606 Interest and penalties on property taxes 33,000 26,610 33,664 Government transfers (note 10) 993,271 1,777,624 434,119 Contributed tangible capital assets (note 7) - 500,000 - Other income 1,121,600 540,336 148,955

Total revenue 3,716,817 4,412,390 2,144,344

Expenses: Administration 792,645 702,300 645,852 Fire protection 691,339 661,470 638,297 Public works 734,295 624,847 496,597 Resort Municipality Initiative 145,373 151,409 261,711

Total expenses 2,363,652 2,140,026 2,042,457

Annual surplus 1,353,165 2,272,364 101,887

Accumulated surplus, beginning of year 12,340,877 12,340,877 12,238,990

Accumulated surplus, end of year $ 13,694,042 $ 14,613,241 $ 12,340,877


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SUN PEAKS MOUNTAIN RESORT MUNICIPALITYStatement of Change in Net Financial Assets


Budget 2016 2015(note 12)

Annual surplus $ 1,353,165 $ 2,272,364 $ 101,887

Acquisition of tangible capital assets (2,673,800) (2,913,419) (136,686)Acquisition of assets under capital lease - (41,064) -Amortization of tangible capital assets 265,000 304,888 262,859

(2,408,800) (2,649,595) 126,173

Acquisition of prepaid expenses - (38,427) (27,649)Use of prepaid expenses - 27,649 29,696

- (10,778) 2,047

Change in net financial assets (1,055,635) (388,009) 230,107

Net financial assets, beginning of year 1,299,508 1,299,508 1,069,401

Net financial assets, end of year $ 243,873 $ 911,499 $ 1,299,508


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SUN PEAKS MOUNTAIN RESORT MUNICIPALITYStatement of Cash Flows


2016 2015

Cash provided by (used in):

Operating activities:Annual surplus $ 2,272,364 $ 101,887Items not involving cash:

Amortization of tangible capital assets 304,888 262,859Change in non-cash operating assets and liabilities:

Accounts receivable (333,498) 305,200Loan receivable 11,682 5,633Accounts payable and accrued liabilities 244,385 72,475Deferred revenue (457,168) 255,223Prepaid expenses (10,778) 2,047

2,031,875 1,005,324

Capital activities:Acquisition of tangible capital assets (2,913,419) (136,686)

(2,913,419) (136,686)

Financing activities:Repayments on term debt (57,452) (55,012)Repayments on obligations under capital lease (8,188) -

(65,640) (55,012)

Increase (decrease) in cash and short-term investments (947,184) 813,626

Cash and short-term investments, beginning of year 2,765,862 1,952,236

Cash and short-term investments, end of year $ 1,818,678 $ 2,765,862

Non-cash transactions:Acquisition of assets under capital lease $ 41,064 $ -

Supplemental cash flow information:Cash paid for interest 20,041 22,482Cash received for interest 35,538 29,857


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AGENDA ITEM #3.1.


SUN PEAKS MOUNTAIN RESORT MUNICIPALITYNotes to Financial Statements


Sun Peaks Mountain Resort Municipality ("the Municipality") is incorporated under the LocalGovernment Act of British Columbia.

The Municipality provides municipal services to residents of the incorporated area. These include fireprotection, administration and public works.

1. Significant accounting policies:

The financial statements of the Municipality are prepared by management in accordance withCanadian generally accepted accounting principles for governments as prescribed by the PublicSector Accounting Board ("PSAB") of the Chartered Professional Accountants of Canada("CPA"). Significant accounting policies adopted by the Municipality are as follows:

(a) Basis of accounting:

The Municipality follows the accrual method of accounting for revenues and expenses.Revenues are normally recognized in the year in which they are earned, can be measured,and there is reasonable assurance that they will be collected. Expenses are recognized asthey are incurred and measurable as a result of receipt of goods or services and/or thecreation of a legal obligation to pay.

(b) Revenue recognition:

Property taxes and grants in lieu of taxes are recognized as revenue in the year in whichthey are assessable. Interest and penalties assessed on taxes are recognized as revenuein the year the related service is provided and when collection is reasonably assured.

Government transfers received or receivable are recognized in the financial statements asrevenue in the year that the event giving rise to the transfer occurs, providing the transfersare authorized, any eligibility criteria have been met, and reasonable estimates of theamounts can be made.

Investment income is reported as other income in the period earned. When required by thefunding government or related Act, investment income earned on deferred revenue is addedto the investment and forms part of the deferred revenue balance.

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SUN PEAKS MOUNTAIN RESORT MUNICIPALITYNotes to Financial Statements (continued)


1. Significant accounting policies (continued):

(c) Deferred revenue:

Deferred revenue includes grants, contributions, prepaid taxes and other amounts receivedfrom third parties pursuant to legislation, regulation and agreement which may only be usedin certain programs, in the completion of specific work, or for the purchase of tangible capitalassets. Revenue is recognized in the period when the related expenses are incurred,services performed, or the tangible capital assets are acquired.

(d) Cash and short-term investments:

Cash and short-term investments include cash and highly liquid investments with a termmaturity of 90 days or less at acquisition and that are readily convertible to cash.

(e) Reserves:

Reserves for operating and capital purposes represent amounts within accumulated surplusreserved either internally or by statute for specific purposes.

(f) Employee future benefits:

The costs of multi-employer defined contribution pension plan benefits, such as theMunicipal Pension Plan, are the employer's accrued contributions to the plan in the period.

(g) Non-financial assets:

Non-financial assets are not available to discharge existing liabilities and are held for use inthe provision of services. They have useful lives extending beyond the current year and arenot intended for sale in the ordinary course of operations.

(i) Tangible capital assets:

Tangible capital assets are recorded at cost which includes amounts that are directlyattributable to acquisition, construction, development or betterment of the asset. Thecosts, less residual values, of the tangible capital assets, excluding land, are amortizedon a straight-line basis over their estimated useful lives as follows:

Asset Rate

Facilities 15-25 yearsVehicles 15 yearsGeneral equipment 5 yearsOffice equipment 3-5 yearsSite improvements 10 yearsRoads 20-50 years

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Annual amortization is charged in the year of acquisition and in the year of disposal.Assets under construction are not amortized until the asset is available for productiveuse.

(ii) Contributions of tangible capital assets:

Tangible capital assets received as contributions are recorded at the fair value at thedate of receipt and also are recorded as revenue.

(iii) Natural resources:

Natural resources that have not been purchased are not recorded as assets in thesefinancial statements.

(iv) Works of art and cultural and historic assets:

Works of art and cultural and historic assets are not recorded as assets in thesefinancial statements.

(v) Interest capitalization:

The Municipality does not capitalize interest costs associated with the acquisition orconstruction of a tangible capital asset.

(vi) Leased tangible capital assets:

Leases which transfer substantially all of the benefits and risks incidental to ownershipof property are accounted for as leased tangible capital assets. All other leases areaccounted for as operating leases and the related payments are charged to expensesas incurred.

(h) Use of estimates:

The preparation of financial statements in conformity with PSAB requires management tomake estimates and assumptions based on the current conditions and laws that affect thereported amounts of assets and liabilities, and disclosure of contingent assets and liabilitiesat the date of the financial statements, and the reported amounts of revenues and expensesduring the year. Actual results could differ from those estimates.

Significant estimates include the useful lives of tangible capital assets.

Management reviews these estimates on a periodic basis and, where necessary, makesadjustments prospectively.

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(i) Budget:

Budget figures shown represent the Annual Budget By-law adopted by the council on May11, 2016. In accordance with PSAB, these figures do not reflect subsequent amendmentsmade by the Council to reflect changes in the budget throughout the year as required by law.

(j) Contaminated sites:

Contaminated sites are defined as the result of contamination being introduced in air, soil,water or sediment of chemical, organic, or radioactive material or live organism that exceedsan environmental standard.

A liability for remediation of contaminated sites is recognized, net of any expectedrecoveries, when all of the following criteria are met:

a) an environmental standard exists b) contamination exceeds the environmental standard c) the organization is directly responsible or accepts responsibility for the liability d) future economic benefits will be given up, and e) a reasonable estimate of the liability can be made.

2. Cash and short-term investments:

Cash and short-term investments reported on the statement of financial position have costs thatapproximates market value. Cash and short-term investments consist of the following:

2016 2015

Cash $ 148,360 $ 221,971Short-term investments 1,670,318 2,543,891

$ 1,818,678 $ 2,765,862

Short-term investments are held in MFA pooled money market funds with an annual rate of returnof approximately 1.25% (2015 - 1%).

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3. Accounts receivable:

2016 2015

Bike BC - Ministry of Transportation & Infrastructure $ 128,569 $ -GST receivable 111,346 16,948Operational Fuel Treatment Project 76,363 79,373Property taxes 107,598 161,412Sun Peaks Resort LLP 112,490 -Other 79,425 24,560

$ 615,791 $ 282,293

4. Deferred revenue:

Deferred revenue is comprised of funds from the following sources:

Deferred Deferredbalance Contributions Revenues balance

Source: 2015 received recognized 2016

Community Recreation Program $ 241,135 $ - $ (241,135) $ -Community Works Fund (gas tax) 247,627 68,162 (223,401) 92,388Donations (Health Centre) - 141,873 - 141,873Ministry of Health - 100,000 - 100,000Resort Municipality Initiative 429,754 300,895 (632,908) 97,741Southern Interior Development

Initiative Fund 50,000 - (50,000) -Sun Peaks Health Association - 500,000 (383,605) 116,395Taxes/permits paid in advance 30,355 46,534 (30,355) 46,534Thompson Nicola Regional District 50,000 117,000 (111,610) 55,390Other 58,618 - (58,618) -

$ 1,107,489 $ 1,274,464 $ (1,731,632) $ 650,321

Gas tax funding is provided by the Government of Canada. The use of the funding is establishedby a funding agreement between the Municipality and the Union of British ColumbiaMunicipalities ("UBCM"). Gas tax funds may be used towards designated public transit,community energy, water, wastewater, solid waste and capacity building projects, as specified inthe funding agreements. Gas tax revenues are recognized as the funds are expended for theintended purposes and thus earned by the Municipality.

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5. Term debt:

The Municipality carries all debt with the Province of British Columbia.

The balance of term debt reported on the statement of financial position is made up of thefollowing:

2016 2015

Fire truck loan, repayable in blended annual repayments of$64,416, including interest at 4.45% per annum, due July 2021 $ 283,182 $ 332,788

Firehall extension loan, repayable in blended annual repaymentsof $13,077, including interest at 4.35% per annum, due July2027 112,431 120,277

$ 395,613 $ 453,065

Total interest on term debt reported in the statement of operations amounted to $17,309 (2015 -$27,739).

Principal repayments due within the next five years and thereafter are approximately as follows:

2017 $ 60,0012018 62,6632019 65,4432020 68,3472021 71,379Thereafter 67,780

$ 395,613

6. Obligations under capital lease:

The Municipality has entered into an agreement for the lease of certain equipment that expires in2019. Under this agreement, the Municipality is obligated to make minimum lease payments ineach of the fiscal years ending December 31 as follows:

2016

2017 $ 8,9322018 8,9322019 15,011

Present value of minimum lease payments $ 32,875

The total interest paid during the year recorded in the statement of operations is $nil.

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7. Tangible capital assets (continued):

b) Assets under construction

Assets under construction have not been amortized. Amortization of these assets willcommence when the asset is put into service. Where projects have been completed during theyear, accumulated costs are reclassified to the appropriate category of asset and included inrelated additions in the current year.

c) Contributed tangible capital asset

In 2016, the Municipality received the Sports Centre as a contributed asset recorded infacilities. Fair value of the Sports Centre at the date of the contribution was $500,000.

8. Accumulated surplus:

The Municipality segregates its accumulated surplus into the following categories:

2016 2015

Accumulated Surplus:Invested in tangible capital assets $ 13,234,827 $ 10,560,655Unrestricted surplus 91,047 449,878

13,325,874 11,010,533

Reserves set aside by Council specific purposes:Roads 278,398 225,889Parks 46,611 176,501Fire apparatus 381,781 353,125Health Centre 535,426 530,125Snow removal 45,151 44,704

1,287,367 1,330,344

Total accumulated surplus $ 14,613,241 $ 12,340,877

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9. Taxation:

Taxation revenue, reported on the statement of operations, is made up of the following:

2016 2015

Municipal and school property taxes levied $ 3,888,501 $ 3,933,278Payments-in-lieu of property and business taxes 58,071 53,786

3,946,572 3,987,064Less: Transfers to other governments:

Thompson-Nicola Regional District 678,688 712,571Thompson Regional Hospital District 260,924 262,045Province of B.C. - School taxes 1,308,967 1,349,792Province of B.C. - Police taxes 98,268 100,601B.C. Assessment Authority 31,794 34,338Municipal Finance Authority 111 111

2,378,752 2,459,458

Net taxes available for municipal purposes $ 1,567,820 $ 1,527,606

10. Government transfers:

The Municipality recognizes the transfer of government funding as expenses or revenues in theperiod that the events giving rise to the transfer occurred. The Government transfers reported onthe statement of operations are:

2016 2015

Bike BC - Ministry of Transportation & Infrastructure $ 128,569 $ -Community Recreation Grant (recovery) 241,135 (123,744)Community Works Fund (Gas Tax Fund) 223,401 54,145Operational Fuel Treatment Fund 86,960 23,484Resort Municipality Initiative 632,905 238,711Small Community Grant 239,620 231,523Southern Interior Development Initiative Fund 50,000 -Thompson-Nicola Regional District 111,610 -Western Economic Diversification 63,424 -Other - 10,000

Total government transfers $ 1,777,624 $ 434,119

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11. Commitments and contingencies:

In the normal course of business, the Municipality enters into commitments. These commitmentshave been budgeted for within the appropriate annual budget and have been approved byCouncil.

(a) Operating leases

2017 $ 42,4062018 43,0522019 29,8662020 12,7072021 12,365

$ 140,396

(b) Pension liability

The Municipality and its employees contribute to the Municipal Pension Plan (the "Plan"), ajointly trusteed pension plan. The board of trustees, representing plan members andemployers, is responsible for administering the plan, including investment of assets andadministration of benefits. The Plan is a multi-employer defined benefit pension plan. Basicpension benefits are based on a formula. As at December 31, 2015, the plan has about189,000 active members and approximately 85,000 retired members. Active membersinclude approximately 37,000 contributors from Municipalities.

Every three years, an actuarial valuation is performed to assess the financial position of theplan and adequacy of plan funding. The actuary determines an appropriate combinedemployer and member contribution rate to fund the plan. The actuary's calculatedcontribution rate is based on the entry-age normal cost method, which produces the long-term rate of member and employer contributions sufficient to provide benefits for averagefuture entrants to the plan. This rate is then adjusted to the extent there is amortization ofany future deficit.

The most recent actuarial valuation as at December 31, 2015 indicated a $2,224 millionfunding surplus for basic pension benefits on a going concern basis.The Municipality paid $46,184 (2015 - $41,181) for employer contributions to the plan in2016.

The next valuation will be as at December 31, 2018 with results available in 2019.

Employers participating in the Plan record their pension expense as the amount of employercontributions made during the fiscal year (defined contribution pension plan accounting).This is because the Plan records accrued liabilities and accrued assets for the Plan inaggregate, resulting in no consistent and reliable basis for allocating the obligation, assetsand cost to individual employers participating in the Plan.

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AGENDA ITEM #3.1.




11. Commitments and contingencies (continued):

(c) Operating deficits or term debt

As a member of the Thompson-Nicola Regional District, the Municipality is liable for itsproportion of any operating deficits or long-term debt related to functions in which itparticipates.

(d) Legal

From time to time, the Municipality is brought forth as a defendant in various lawsuits. TheMunicipality reviews its exposure to any potential litigation for which it would not be coveredby insurance and assesses whether a successful claim would materially affect the financialstatements of the Municipality. The Municipality is currently not aware of any claims broughtagainst it.

12. Budget data:

The Municipality prepares a balanced budget, in accordance with municipality regulations. Thebudget reflected in the statement of operations is not balanced due to differences between theaccounting standards used by the Municipality, and the basis the budget has been preparedupon.

Cash inflows and outflows include such items as transfers to and from reserves and surplus andcapital expenditures. These items are not recognized as revenues and expenses in thestatement of operations and accumulated surplus as they do not meet the public sectoraccounting standards requirements. PSAB requires the budget figures to be presented on thesame basis of accounting as actual and comparative figures.

Amortization was not contemplated on development of the Financial Plan and , as such, has notbeen included in the budget figures presented. The chart below reconciles the budget figuresreported in these financial statements to the approved Financial Plan.

Budget amount

Surplus - statement of operations $ 1,353,165Adjust for budgeted cash items, not included in statement of operations:

Debt repayments (58,011)Transfers to and from reserves 1,113,646Acquisition of tangible capital assets (2,673,800)

Adjust for budgeted non-cash items, included in statement ofoperations:Amortization 265,000

Financial plan balance $ -

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AGENDA ITEM #3.1.




13. Segmented information:

The Municipality has 4 major operating functions, as described below:

(a) Fire protection:

The fire department is responsible for providing critical, life-saving services in preventing orminimizing the loss of life and property from fire and natural or man-made emergencies.

(b) Administration:

The administration department is responsible for general government services, overseeingmunicipal activity, finance and planning.

(c) Public works:

The public works department is responsible for maintaining and operating public workswithin the Municipality, and overseeing public safety initiatives.

(d) Resort Municipality Initiative:

Resort Municipality Initiative provides for economic development and off-season economicdevelopment initiatives.

Certain allocation methodologies are employed in the preparation of segmented financialinformation. Taxation is allocated to the segments based on the segment's budgeted netexpenditures. Government transfers have been allocated to the segment based upon thepurpose for which the transfer was made.

The accounting policies used in these segments are consistent with those followed in thepreparation of the financial statements as disclosed in note 1.

18

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AGENDA ITEM #3.1.


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19

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AGENDA ITEM #3.1.


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20

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AGENDA ITEM #3.1.


Sun Peaks Mountain Resort Municipality

MEMO

To: Mayor and Council

From: Nicky Braithwaite, Finance Officer

Date: March 31, 2017

Meeting Date: April 3, 2017

SUBJECT: Business Licence Amendments

_____________________________________________________________________________________

SUMMARY: At the March 21, 2017 Regular Council meeting, Council gave first and second reading to

this bylaw adding a definition of ‘;Maximum Capacity’. Other amendments are also required as noted in

this report.

BACKGROUND:

The requirement for short-term nightly rental properties to have a business licence has resulted in staff

needing to clarify the short-term nightly rental portion of the Business Licensing and Regulation Bylaw.

Amendments are suggested as follows:

The addition of a ‘sleeping room’ definition

New application fees will be prorated after July 1st

The addition of the $500 refundable bond

The requirement for an initial safety inspection (with additional random inspections)

The requirement for a 24 hours a day, 7 days a week year round manager be

designated.

Council Considerations:

RECOMMENDATION:

THAT Council give third reading to the bylaw as amended.

AGENDA ITEM #4.1.

Business Licensing and Regulation Amendment Bylaw No. 0030-0... of 53


BYLAW NO. 0030-003, 2017

A BYLAW TO REGULATE THE LICENSING AND FEES FOR BUSINESSES OPERATING IN THE SUN PEAKS MOUNTAIN RESORT MUNICIPALITY

WHEREAS the Community Charter authorizes the Municipality to make laws in respect of the regulation of businesses within the Municipality; NOW THEREFORE, the Council of the Sun Peaks Mountain Resort Municipality, in open meeting assembled, HEREBY ENACTS AS FOLLOWS: 1. Citation and Short Title

1.1 This Bylaw may be cited as the “BUSINESS LICENSING AND REGULATION AMENDMENT BYLAW NO. 0030-003, 2017”.

2. Purpose

2.1 Amend Business Licensing and Regulation Bylaw No. 0030, 2013 as per the following:

2.2 Under “Definitions”: In this Bylaw:

Insert: Sleeping Unit means one or more habitable rooms which are used or intended to be used for sleeping or sleeping and living purposes, but in which there is not a bathroom, water closet, sink, or cooking facility. Maximum Capacity means the maximum number of people in a dwelling unit with the maximum capacity per sleeping room being two (2) as noted in the BC Building Code as amended from time to time. New Applicant means a business that has not held a valid business licence within the past twelve (12) months.

2.3 Amend 3.10 to read ‘New applicants will pay a prorated fee after July 1st.

2.4 Amend 4.3 to ‘A refundable deposit is required for each property of $500

to cover costs of attending verified complaints and violations in addition to the applicable bylaw fines. The remainder of the bond will be returned in the case a licence was cancelled, not renewed or was revoked.’

AGENDA ITEM #4.1.


2.5 Amend 4.4 to ‘The short-term rental unit must undergo a safety

inspection before the initial licence is issued. Random additional inspections may be done in subsequent years.’

2.6 Amend 4.5 to ‘The short-term rental must be managed by the owner or a

person/company designated as such.’

2.7 Amend 4.6 to ‘The management person must be available 24 hours a day, 7 days a week, year round whenever a dwelling is being rented.’

READ A FIRST TIME this 21st day of March, 2017. READ A SECOND TIME this 21st day of March, 2017. READ A THIRD TIME this day of , 2017 ADOPTED this day of , 2017 Al Raine Rob Bremner Mayor Chief Administrative Officer I HEREBY CERTIFY that this is a true copy of the “Business Licensing and Regulations Bylaw No. 0030-003, 2017 __________________________________ Rob Bremner Chief Administrative Officer

AGENDA ITEM #4.1.


SCHEDULE “A”

Sun Peaks Mountain Resort Municipality CLASSIFICATION and FEE SCHEDULE

Business Operation Fee

1.1 Non licensed restaurants/snack bar Business operation where prepared food or non-alcoholic beverages (not licensed under the Provincial Liquor Control and Licensing Act) are served to the public for consumption on or off the premises.

Min $ 95 Max $150 $5 per seat up to maximum

1.2 Licensed Full Service Restaurant/Bar Business operation where food and alcoholic beverages are served to the public for consumption on the premises. Licensed as either primary food or primary liquor services by the Provincial Liquor Control and Licensing Act, including off premises liquor sales.

Min $135 Max $300 $5 per licensed seat up to maximum

1.3 Cabaret/Night Club Licensed Bars Business operation which primarily serves alcohol with or without entertainment on the premises licensed to provide entertainment and where alcohol is served after midnight on most evenings of operation.

Flat Fee $500

1.4 Liquor Store/Beer and Wine Store Business operation where alcohol is sold and licensed by the Provincial Liquor Control and Licensing Act for off premises consumption.

Flat Fee $500

2.1 Professional/Contractor Services Business operation providing professional/contractor services at locations within the SPMRM.

Flat Fee $95

2.2 Retail Sales/Rental Outlets/Real Estate Offices Establishment selling/renting goods and articles to the public at large or selling real estate located within SPMRM.

93 m2 of retail space

> 93 m2

and 185 m2 of retail space

185 m2 of retail space

Flat Fee $ 95 Flat Fee $195 Flat Fee $295

2.3 All other businesses not listed Flat Fee $95

3.1 Ski Lift Operator Business that operates ski lifts

Flat Fee $500

4.1 Rental Property Managers and Hotels Business operators who manage the short-term rental of properties within SPMRM.

100 properties/rooms

100 and 200 properties/rooms

200 properties/rooms

4.2 Short Term Rental Properties (each property requires a licence) Owner self-managing the property in a TA zoned area Rental properties in RS-1A and R-1A zones self-managed or contracted with a property manager

Flat Fee $ 95 Flat Fee $195 Flat Fee $295 Flat Fee $95 Flat Fee $95

AGENDA ITEM #4.1.



MEMO

To: Mayor and Council

From: Nicky Braithwaite, Finance Officer

Date: March 31, 2017

Meeting Date: April 3, 2017

SUBJECT: Council Procedures Bylaw Amendments

_____________________________________________________________________________________

SUMMARY: At the March 21, 2017 Council agreed to moving council meetings to Tuesdays from

Mondays.

BACKGROUND:

The Procedures bylaw only addresses Regular Council meetings. The attached bylaw amendment bylaw

changes all references of Regular Council meetings being held on Mondays to Tuesdays.

Although no reference is made to Committee of the Whole meetings, these meetings will be moved to

the first Tuesday of each month with the exception of July and August.

Council Procedure bylaws may be given all three readings and final adoption at one meeting.

RECOMMENDATION:

THAT Council give three readings and final adoption to the Council Procedures Bylaw Amendment

Bylaw.

Attachments:

Council Procedures Bylaw No. 001, 2010 Council Procedures Bylaw No. 001-002, 2017

AGENDA ITEM #4.2.

Procedures Bylaw No. 001-002, 2017 of 53

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BYLAW NO. 0001

A BYLAW TO REGULATE THE MEETINGS OF THE COUNCIL

AND THE CONDUCT THEREOF

WHEREAS under section 124 of the Community Charter, Council must establish procedures to be followed for the conduct of its business;

NOW, THEREFORE the Council of the Sun Peaks Mountain Resort Municipality, in open meeting assembled, HEREBY ENACTS AS FOLLOWS:

1. This bylaw may be cited as the “COUNCIL PROCEDURE BYLAW 2010 NO. 0001”.

PART I – GENERAL

2. Interpretation In this bylaw unless the context requires otherwise: “Advisory Body” means an advisory committee appointed by Council for the

purpose of providing advice to Committees, Commissions and staff.

“Chair” means the member of Council presiding at a meeting. “Commission” means a municipal commission appointed by Council

under section 143 of the Community Charter. “Council” means the Council of Sun Peaks Mountain Resort

Municipality. “Director of means the person responsible for Corporate Services as Corporate Services” set out under Section 148 of the Community Charter. “Committee of the means a committee of Council comprised of all members Whole” of Council as established pursuant to “Council Delegation

of Powers Bylaw 2010 No. 0005”. “FCM” means the Federation of Canadian Municipalities. “In Camera Meeting” means a meeting that is closed to the public in accordance

with Sections 90 and 92 of the Community Charter. “Mayor” means the Mayor of the Municipality. “Member” means a member of the Council. “Municipal Office” means Sun Peaks Mountain Resort Municipal office.

AGENDA ITEM #4.2.


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“Municipality” means Sun Peaks Mountain Resort Municipality. “Public Notice Posting means the Notice Board at the front entry of Sun Peaks Place” Mountain Resort Municipality office. “Quorum” means the majority of Council. “Standing Committee” means a committee appointed by the Mayor under Section

141 of the Community Charter for matters the Mayor considers would be better dealt with by a Committee and at least half of the members must be Council members.

“Select Committee” means a committee appointed by Council under Section

142 of the Community Charter for a select purpose and to report its finding and opinion to the Council. At least one member of a select committee must be a Council member.

“SILGA” means the Southern Interior Local Government

Association. “UBCM” means the Union of British Columbia Municipalities.

3. Application of Rules of Procedure 3.1 The provisions of this bylaw govern the proceedings of Council, Commissions,

Standing Committees, Select Committees, the Committee of the Whole and Advisory Bodies.

4. Inaugural Meeting 4.1 Following a general local election, the first Council meeting will be held on the

first Monday in December in the year of a general local election.

4.2 If a quorum of Council members elected at the general local election has not taken office by the date of the meeting referred to in Section 4.1, the first Council meeting must be called by the Director of Corporate Services and held as soon as reasonably possible after a quorum has taken office.

5. Time and Location of Meetings

5.1 All Council meetings must take place within the Sun Peaks Mountain Resort

Municipal boundaries, except when Council resolves to hold meetings elsewhere and directs the Corporate Services Department to give notice of the different meeting place by posting a notice of the change on the Public Notice Posting Place at least 24 hours prior to the time of the Council meeting.

5.2 Commencing September 1, 2010 Regular Council meetings will:

a) be held on the third Monday each month;

b) where a Council meeting falls on a statutory holiday or occurs during a week in which the FCM, UBCM or SILGA annual conferences are held, will be held on the following Monday.

AGENDA ITEM #4.2.


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c) in November of a general election year, the meeting will be held on the first Monday of the month.

d) will begin at 7:00 p.m. and;

e) be adjourned before 10:00 p.m. unless, by majority vote, the Council

members decide to extend the time of adjournment. 5.3 For the months of July 2010 and August 2010, regular Council Meetings will be

held July 19th and August 23rd commencing at 7 p.m. at a location to be announced no less than 72 hours prior to the meeting by posting a notice at the Public Notice Posting Place.

5.4 Regular Council meetings maybe cancelled by Council, provided that two consecutive meetings are not cancelled.

6. Notice of Special Meetings

6.1 Except where notice of a Special meeting is waived by unanimous vote of all

Council members under Section 127(4) of the Community Charter, a notice of the date, hour and place of a Special Council meeting must be given at least 24 hours before the time of the meeting by:

a) posting a copy of the notice on the Public Notice Posting Place and Municipal website.

b) leaving one copy of the notice for each Council member in the Council member’s file folder at the Municipal Office, or provide said notice to each member via e-mail.

6.2 The notice under Section 6.1 must describe in general terms the purpose of the

meeting and be signed by the Mayor or the Director of Corporate Services.

7. Public Hearings 7.1 Public Hearings will be scheduled on an as required basis.

8. Electronic Meetings

8.1 Provided the conditions set out in Subsection 128(2) of the Community Charter

are met:

a) a Special Council meeting may, upon authorization of the Mayor, be conducted by means of electronic or other communication facilities;

b) a member of Council or a Committee member who is unable to attend at a Council, Committee of the Whole or Committee meeting may, upon authorization of the Mayor, participate in the meeting by means of electronic or other communication facilities.

8.2 The facilities must enable the meeting’s participants to hear, or watch and hear,

each other.

AGENDA ITEM #4.2.


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8.3 Except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the meeting at the specified place, and a designated Municipal officer must be in attendance at the specified place;

8.4 The member presiding at a Special Council or Council Committee meeting must

not participate electronically.

PART III – DESIGNATION OF MEMBERS TO ACT IN PLACE OF MAYOR

9. Acting Mayor 9.1 Council must, on an annual basis, from amongst its members, designate

Councillors to serve on a rotating basis as the member responsible for acting in the place of the Mayor when the Mayor is absent or otherwise unable to act or when the office of the Mayor is vacant.

9.2 Each Councillor designated under Section 9.1 is responsible for fulfilling the duties of the Mayor in his or her absence.

9.3 If both the Mayor and Acting Mayor are absent from a Council meeting, the

members present must choose the next member in succession from the rotating roster established under Section 9.1 to preside at the Council meeting.

9.4 Other than at a Council meeting, if both the Mayor and the Acting Mayor are

absent or otherwise unable to act, the member next in succession on the rotating roster established under Section 9.1 shall be the Acting Mayor.

9.5 The member designated under Section 9.1, 9.3 or 9.4 has the same powers and

duties as the Mayor.

PART IV – COUNCIL PROCEEDINGS

10. Attendance of Public at Meetings 10.1 Except where the provisions of Section 90 of the Community Charter apply, all

Council meetings must be open to the public.

10.2 Before closing a Council meeting or part of a Council meeting to the public, Council must pass a resolution in a public meeting in accordance with Section 92 of the Community Charter.

10.3 This Section applies to all meetings of the bodies referred to in Section 93 of the

Community Charter including Council committees, commissions, a board of variance or advisory bodies.

10.4 Notwithstanding Subsection 10.1, the Mayor or the Acting Mayor may expel or

exclude from a Council meeting a person in accordance with Section 133 of the Community Charter.

AGENDA ITEM #4.2.


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11. Adjourning Meetings Where No Quorum

11.1 If there is no quorum of Council present within 15 minutes of the scheduled time for a Council meeting, the Director of Corporate Services must:

a) record the names of the members present and those absent and;

b) adjourn the meeting until the next scheduled meeting.

12. Order of Proceedings and Business

12.1 The Agenda for all Regular Council meetings contains the following matters in the order in which they are listed below:

1) Call the Meeting to Order 2) Introduction of Late Items 3) Adoption of the Agenda 4) Adoption of the Minutes 5) Business Arising from Minutes 6) Presentations and Delegations 7) Reports

a) Mayor and Councillor Reports b) Advisory Body and Committee Reports c) Staff Reports

8) Bylaws 9) New Business 10) Correspondence and Information Items 11) Notice of Motion 12) Adjournment

12.2 Notwithstanding the provisions under Section 12.1, it shall always be in order for

the Council to vary the order in which business on the Agenda shall be dealt with by a majority vote of the members present.

13. Agenda

13.1 Prior to each Council meeting, the Director of Corporate Services shall prepare

an Agenda setting out all items for consideration at that meeting.

13.2 The deadline for the public to submit items to the Director of Corporate Services for inclusion on the Council meeting Agenda shall be 1:00 p.m. on the Wednesday preceding the meeting.

AGENDA ITEM #4.2.


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13.3 Items received in the Corporate Services Department after the appropriate

deadlines in Section 13.2 shall not be placed on the Agenda, but shall instead be placed on the Agenda for consideration at the following Council meeting. Unless the item is introduced as a Late Item pursuant to Section 14.

13.4 Regular Council agendas will be available to Council members and the public by

12:00 p.m. on the Friday prior to the meeting. Special Council meeting agendas will be available to Council members and the public 24 hours prior to the meeting.

13.5 Only those matters included on the Agenda shall be considered or dealt with at

the Council meeting unless a new matter for consideration is properly introduced as a Late Item pursuant to Section 14.

13.6 In cases where documents are too unwieldy to be readily reproduced, the

Director of Corporate Services may omit these materials from the Agenda and may instead merely refer to these items in short form on the Agenda and keep the documents on file in the Corporate Services Department.

14. Late Items

14.1 For the purposes of this section, the following terms are defined as:

a) Essential Items:

These would include matters arising after the preparation of the Agenda and which, if not acted upon in a timely manner, would prejudice or compromise the Municipality’s position or the position of a constituent or

group of constituents. These topics would be of a legal or legislative nature.

b) Deadlines: The deadline for essential items to be included as a Late Item for the agenda is 9:30 a.m. on the morning of the day of the Council meeting. Late Items shall be distributed to Council no later than 4:00 p.m. on the day of the Council meeting. Items not submitted by 9:30 a.m. may only be added to the agenda by a 2/3 vote by Council to approve.

15. Delegations

15.1 All delegations requesting permission to appear before Council shall submit a

written request to address the members of Council, including a written brief outlining their intended presentation.

AGENDA ITEM #4.2.


of 15

15.2 Any request to appear before Council pertaining to an item already on the

Agenda shall be received up to 1:00 p.m. Monday prior to the meeting. Those delegations that have not been received in time to be placed on the Agenda but were received prior to Monday at 1:00 p.m. shall be distributed to Council on the Late Item Agenda and may be given a maximum of five (5) minutes to make their presentation.

15.3 All delegations may be afforded a maximum of five (5) minutes to make their presentation and shall be restricted to the topic as included on their written submission, unless a longer period is agreed by a majority of members present.

15.4 The number of delegations on any Council agenda may be limited to four (4). 15.5 The Director of Corporate Services is granted the authority to schedule

delegations that wish to speak on items that are not on the Agenda to another Council meeting or Advisory Body meeting as deemed appropriate, according to the subject matter of the presentation.

15.6 The Director of Corporate Services is granted the authority to screen delegation

requests and, if deemed appropriate, refuse to place a delegation on the Agenda if the issue is not within the mandate or jurisdiction of a Municipal Council. In the event the delegation wishes to appeal the Director of Corporate Services’ decision, the information shall not be placed on the Agenda but shall be distributed under separate cover to Council for their consideration.

15.7 Where a delegation has addressed Council on a particular issue, if a subsequent

request is received from the same delegation to address Council on the same issue, and no new significant information is being provided, the Director of Corporate Services is granted the authority to not place the item on the Agenda, but will circulate the request under separate cover as an item of general information.

15.8 The Mayor must not permit a delegation to address a meeting of the Council

concerning a bylaw in respect of which a Public Hearing has been held, where the Public Hearing is required under an enactment as a prerequisite to the adoption of said bylaw.

16. Notice of Motion

16.1 Any Council member may give a “Notice of Motion” respecting an item which he

or she intends to present by giving a copy of such motion to the Director of Corporate Services during a meeting of the Council and upon the member being acknowledged by the Mayor and the Notice of Motion being read to the meeting.

AGENDA ITEM #4.2.


of 15

16.2 A copy of the motion presented under Section 16.1 shall appear in the Minutes of

that meeting as a “Notice of Motion”. The Director of Corporate Services shall

place the motion on the Agenda of the next Council meeting, or other future meeting designated by the member bringing forward the Notice of Motion, for consideration.

PART V – PETITIONS AND COMMUNICATIONS

17. Proper Form 17.1 All communications and petitions intended to be presented to Council shall be

legibly written, typed or printed, signed by at least one person, and shall be dated and include a contact phone number, before being accepted.

18. Referrals

18.1 Communications addressed to Council which relate to matters that fall within the

scope of responsibility of a particular Municipal department may be referred by the Director of Corporate Services directly to that department.

18.2 If a matter is referred under Section 18.1, a copy of the communication shall be given to each member of the Council and to the appropriate Staff members. An acknowledgement shall be provided to the writer on receipt of the communication, advising where the matter has been referred.

18.3 The Director of Corporate Services is granted the authority to forward

correspondence items to the meeting considered to be most appropriate according to the subject matter of the letter.

18.4 A right of appeal from any referral under Section 18.1 and 18.3 may be made to

the Chief Administrative Officer who shall determine the final disposition of the matter. As well, Council may refer any item of correspondence as it deems appropriate.

18.5 All petitions or other written communications which require a report may be

referred to the Chief Administrative Officer by means of formal motion.

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PART VI – BYLAWS

19. Form of Bylaws 19.1 A bylaw introduced at a Council meeting must:

a) be printed; b) have a distinguishing name; c) have a distinguishing number; d) contain an introductory statement of purpose e) be divided into sections.

20. Bylaws to be Considered Separately or Jointly

20.1 Council must consider a proposed bylaw at a Council meeting either;

a) separately when directed by the Chair or requested by another Council

member or;

b) jointly with other proposed bylaws in the sequence determined by the Chair.

21. Reading and Adopting Bylaws

21.1 Every proposed bylaw shall receive three readings prior to its final adoption.

21.2 The first three readings of a bylaw may be given on the same day, except in the

case of an Official Community Plan designation bylaw or a Zoning bylaw which is to be considered at a Public Hearing.

21.3 An Official Community Plan designation bylaw or Zoning bylaw which is to be

considered at Public Hearing may receive only first and second reading at the time of introduction.

21.4 Where the Council resolves to consider a bylaw clause by clause, such

consideration shall be done at the second reading of the bylaw.

21.5 Where Council desires to amend a bylaw after third reading, with the exception of those specific provisions respecting an Official Community Plan designation bylaw or a Zoning bylaw, it may do so as follows:

a) by motion to reconsider third reading and, if carried;

b) by motion to amend the bylaw at third reading in accordance with the

procedure set down in this bylaw;

c) by motion to pass third reading of the bylaw as amended.

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21.6 Despite Section 135(3) of the Community Charter, and in accordance with

Section 890(9) of the Local Government Act, an Official Community Plan designation bylaw or a Zoning bylaw may be adopted at the same meeting at which the bylaw passed third reading.

22. Bylaws Must be Signed

After a bylaw is adopted, and signed by the Director of Corporate Services and the Chair of the Council meeting at which it was adopted, the Director of Corporate Services must have it placed in the Municipality’s records for safekeeping with the following affixed to the bylaw:

a) the Municipality’s corporate seal,

b) the dates of its readings and adoption,

c) the date of the Public Hearing, if applicable; and,

d) the date of Ministerial approval or approval of the electorate, if applicable.

PART VII – RESOLUTIONS

23. Copies of Resolutions to Council Members 23.1 A resolution may be introduced and considered at a meeting as long as it has

been included as an item on the Council’s printed Agenda or placed as a Late Item in accordance with Section 14 of this bylaw.

PART VIII – MOTIONS

24. Introduction of Motion 24.1 Every motion must be moved and seconded before it is deemed to be in the

possession of the Council.

25. Recording of Motions in Minutes: 25.1 The names of those who voted against the motion shall only be entered in the

minutes upon request by the Mayor or another member that the vote be recorded.

25.2 Notwithstanding Section 25.1, motions that have been withdrawn by Council as per Section 27, shall be recorded in the Minutes.

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25.3 The names of the members who moved and seconded a motion presented to

Council shall be recorded in the Minutes.

26. Consideration of Motions 26.1 When any motion is under consideration, no other motion shall be received,

except a motion to amend, refer, table or postpone.

27. Withdrawal of Motions 27.1 After a motion has been made and seconded, it shall be deemed to be in the

possession of the Council, but the motion may be withdrawn by the mover of the motion at any time before a decision or amendment is made, provided that the mover has the consent of the seconder.

28. Appeal Ruling of the Chair 28.1 Whenever the Chair is of the opinion that a motion is contrary to the rules and

privileges of the Council, the Chair shall apprise the member thereof without proposing the question and shall cite the rule or authority applicable to the case without argument or comment. The ruling of the Chair may be appealed by the other members of Council then present.

28.2 On an appeal by a Council member from the decision of the Chair, the question shall be immediately put by him or her, and decided without debate “Shall the

Chair be sustained?” and the Chair shall be governed by the vote of the majority

of the Council members then present, excluding himself or herself. In the event of the votes being equal, the question shall pass in the affirmative.

28.3 If the Chair refuses to put the question “Shall the Chair be sustained?” the

Council shall immediately appoint a Chair pro tem. He or she shall proceed in accordance with Section 28.2. A resolution or motion carried under this section is binding.

29. Reconsideration

29.1 A motion/resolution which was adopted or defeated may be reconsidered by

Council provided that the resolution has not had the assent of the electors, has not been reconsidered under this Section or Section 131 of the Community

Charter, and has not been acted upon by an officer, servant or agent of the Municipality. A reconsideration motion:

a) must be brought forward by a member who voted on the prevailing side of the motion, or by any member who was absent during the original vote;

AGENDA ITEM #4.2.


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b) may be seconded by any member;

c) must be brought forward at the next meeting of Council following the original vote; or in the case of where a member was absent at the time of the original vote, at the next meeting which this member is able to attend;

d) must receive a majority vote of Council for it to be adopted;

e) if defeated, and the outcome being that the resolution is preserved

unchanged, the same resolution may not be brought back before Council for six (6) months from the date of the latest vote, except with consent of two-thirds of all the members of Council.

29.2 Each resolution or reading of a bylaw may be reconsidered under the provisions of Section 29.1.

29.3 Notwithstanding Section 29.2, once a bylaw is finally adopted, it may not be reconsidered except in accordance with Section 131 of the Community Charter.

29.4 Notwithstanding Section 29.2, resolutions for third reading or final adoption of an

Official Community Plan designation bylaw or Zoning bylaw shall not be reconsidered.

PART IX – RULES OF CONDUCT AND DEBATE

30. Decorum in Debate 30.1 Every Council member who wishes to speak to any question or motion shall raise

their hand, wait to be recognized by the Mayor and shall address themselves to the Mayor.

30.2 Members of Council shall address the Chair as “Mr. Mayor”, or “Madam Mayor”,

or “Your Worship” or “Mr. or Madam Acting Mayor”, or “Mr. or Madam Chair” as

the case may be, and shall refer to each other as “the Mayor” or “Councillor

______”, as the case may be.

30.3 Members of Staff shall be addressed as Mr., Mrs., or Ms. or else shall be referred to by their official title.

30.4 Any questions addressed to Staff shall be put through the Mayor to the Chief

Administrative Officer who shall refer the matter to the appropriate Staff representative if necessary.

30.5 When two or more Council members desire to speak at the same time, the Mayor

shall name the member who shall take the floor.

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30.6 A member speaking at a Council meeting must at all times use respectful

language, must not use offensive gestures or signs.

31. Chair – Questions of Order 31.1 When a Council member is speaking, no other member may interrupt the

speaker except to raise a point of order.

31.2 The Chair may call any Council member to order while that member is speaking.

31.3 When such action is taken, the Chair shall immediately suspend the debate, and the Council member in question shall refrain from speaking until the point of order is determined by the Chair, whose ruling is subject to an appeal by the Council members.

31.4 Should any Council member resist or disobey the decision of the Chair, the

members may order the member in question to leave his or her seat for that meeting, and in the event of his refusing to do so, the Chair may order that the member be removed from the meeting.

31.5 In the event of a satisfactory apology being made by the offending member, the

Council may, by vote of the majority, permit the member to resume his or her seat forthwith.

31.6 No Council member shall speak to any matter other than the question in debate or reflect upon any vote of the Council except for the purpose of moving that such vote be rescinded.

31.7 No Council member shall resist the rules of the Council nor disobey the decision

of the Chair on points of order or practice, or upon the interpretation of the rules of the Council.

31.8 Any Council member may require the question being debated to be read for his

or her information at any period of the debate, but shall not do so in order to interrupt a member speaking.

31.9 When the question under consideration contains more than one

recommendation, any member may request, by motion, that the vote upon each recommendation shall be taken separately and the Council members shall decide by majority vote of the members present how such vote shall be taken.

32. Voting at Meetings

32.1 The following applies to voting at Council meetings:

a) when a debate on a matter is closed, the Chair must put the matter to a

vote.

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b) Council members who are in the room shall take their places when a vote

is called for, and shall not leave until the vote has been taken;

c) After the Chair finally puts the question to a vote under paragraph a), a member must not speak to the question or make a motion concerning it;

d) The Chair’s decision about whether a question has been clearly defined is

conclusive;

e) Whenever a vote of the Council is taken for any purpose, each member present and voting shall signify their vote upon the question, openly and individually by raising their hand, and the Chair shall declare the motion carried or defeated as the case may be;

f) a member present at the meeting at the time of the vote who abstains from voting is deemed to have voted in the affirmative.

g) if the votes of the members present at the meeting at the time of the vote are equal for and against a matter, the motion is defeated and the Chair must declare this result.

h) no vote shall be taken in a Council meeting by ballot or by any other

method of secret voting.

PART X – MINUTES

33. Adoption and Distribution 35.1 Minutes of the proceedings of Council, Committees and Commissions must be

legibly recorded, certified as correct by the Director of Corporate Services and signed by the Mayor or other member presiding at the meeting. Minutes of Advisory Bodies may be signed off by the Chair of that Advisory Body.

35.2 Prior to adoption, the Director of Corporate Services shall distribute a copy of all

Minutes of Council meetings to each member of Council. 35.3 Whenever possible, Minutes of a given meeting shall be adopted at the next

Council meeting or Committee/Commission meeting, as appropriate. 35.4 In accordance with Section 97 of the Community Charter, Minutes of the

proceedings of Council/Committees and Commissions must be available for public inspection at the Municipal Offices during its regular office hours and on the Municipal website.

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PART XII – GENERAL

34. If any section, subsection or clause of this Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw.

35. Any one or more of the rules and orders contained in this bylaw may be temporarily suspended by an affirmative vote of the majority of all Council members.

36. This bylaw may not be amended or repealed and substituted unless Council first gives

notice in accordance with Section 94 of the Community Charter.

PASSED FIRST READING: June 28, 2010 PASSED SECOND READING: June 28, 2010 PASSED THIRD READING: June 28, 2010 ADOPTED: June 28, 2010 Original signed by:

Al Raine, MAYOR

Original signed by: Wayne d”easum DIRECTOR,

CORPORATE SERVICES

AGENDA ITEM #4.2.



BYLAW NO. 001-002, 2017

A BYLAW TO REGULATE THE MEETINGS OF THE COUNCIL AND THE CONDUCT THEREOF

WHEREAS under section 124 of the Community Charter, Council must establish procedures to be followed for the conduct of its business; AND WHEREAS Council wishes to hold Regular Council meetings on the third Tuesday of each month; NOW THEREFORE, the Council of the Sun Peaks Mountain Resort Municipality, in open meeting assembled, HEREBY ENACTS AS FOLLOWS: 1. Citation and Short Title

1.1 This Bylaw may be cited as the “COUNCIL PROCEDURES BYLAW NO. 001-002, 2017”.

2. Amend Council Procedures Bylaw No. 001, 2010 as per the following:

2.1 Amend 4.1 by replacing ‘Monday’ with ‘Tuesday’.

2.2 Amend 5.2 a) by replacing ‘Monday’ with ‘Tuesday’.

2.3 Amend 5.2 b) by replacing ‘Monday’ with ‘business day’. 2.4 Delete 5.3.

2.5 Amend 15.2 by replacing ‘Monday’ with ‘Tuesday’.

READ A FIRST TIME this day of , 2017. READ A SECOND TIME this day of , 2017. READ A THIRD TIME this day of , 2017 ADOPTED this day of , 2017 Al Raine Rob Bremner Mayor Chief Administrative Officer

AGENDA ITEM #4.2.


I HEREBY CERTIFY that this is a true copy of the “Council Procedures Bylaw No. 001-002, 2017 __________________________________ Rob Bremner Chief Administrative Officer

AGENDA ITEM #4.2.



Administration Report – March 2017

Building Inspection:

Planning

Staff recently held a conference call with Host Compliance to take staff through the work that is being done. We are tasked with providing some back up information to Host then we can start to track illegal rentals and look for compliance. Staff has set a date for an open house for those people on Burfield who may wish to rezone for Short term Rentals or may have illegal suites they wish to bring into compliance. The date is April 29 at 1pm in Council chambers. Staff has been busy issuing a number of building permits for this year. Staff continues meeting with the consultant around the establishment of an Asset management plan as council may recall we did receive a grant to begin this work. Staff has had its first meetings with a consultant around the establishment of a DCC bylaw and will be bringing some expertise together to look at projects and timelines. We will look to have a workshop once we start to get a draft of bylaw. Staff has also started preliminary talks around the establishment of a housing bylaw. Staff will do the initial work with our legal counsel in order to save some money in the 2017 budget.

Administration: Staff has completed the presentation of the five year financial plan. We will now continue with the adoption process before the deadline of May 15. Staff continues to work on a number of initiatives around the Health Centre operation, DCC bylaw, sign bylaw and Housing Authority

Council Schedule

April 3 – 7 pm – Special Council

April 18- 7 pm- Regular Council

May 2- 7 pm- Committee of the Whole

May 9 – 2 pm Special Council (financial plan bylaws – third reading)

May 11 – 8:30 am Special Council (financial plan bylaws – final adoption)

May 16- 7 pm- Regular Council

Permit # Month Address Permit Value Value Type of Work

2017-001

2017-002 March 3280 Village Way $7,736.80 1,200,000 Building 3-Fourplex Village Walk

2017-003 March 3280 Village Way $7,736.80 1,200,000 Building 5 - Fouplex Village Walk

2017-004 March 3280 Village Way $5,836.80 900,000 Building 6 - Fourplex Village Walk

2017--005 March 3280 Village Way $5,836.80 900,000 Building 7 - fourplex Village Walk

2017-006 March 2548 Mountain View Drive $2,939.30 590,000 Single Family Dwelling with Auxiliary Suite

2017-007 March 1140 Sun Peaks Road $8,211.80 1,700,000 6 unit multi family dwelling

2017-008 March 3280 Village Way $7,736.80 1,200,000 Building 1-Fourplex Village Walk

2017-009 March 3280 Village Way $3,936.80 1,200,000 Building 2-Duplex Village Walk

2017-010 March 3280 Village Way $7,736.80 1,200,000 Building 4- Fourplex Village Way

$57,708.70 $10,090,000

AGENDA ITEM #5.1.

Administration Report of 53

Grants and Grant Tracking 2017:

UBCM-Asset Management –Confirmed

BC-Canada Water and Wastewater Fund- Done

Infrastructure Planning Grant-(DCC bylaw) – Done

Capital Works

Outdoor Arena

The rink is operational at this time. The refrigeration mechanics are on site and working on the system to troubleshoot any problems. The last day of operation was April 2.

Trail (Fire hall to Fairways)

We will be watching closely for drainage issues created by the spring run-off and will be identifying and repairing those areas. We will also install further lights in the darker areas of the trail.

Health Centre

They continue to work on the centre and it is on track. They have had a minor delay with one of the trades but will continue in other areas. Council should see the building be sided in the very near future.

Security Cameras

We are working with Telus currently to troubleshoot some connectivity issues around fibre and the availability and installation of proper connections.

School Building

We will begin getting this building up and running. It will be hooked up to hydro when the Health Centre gets its power.

AGENDA ITEM #5.1.


2016-17 WINTER ROAD MAINTENANCE

Hours / Costs: Includes all equipment and material cost

Hrs Quantity

March

Pre-

paid March Cost

Hrs

Quantity

April

Pre-

paid April Cost

Hours Hours

Primary Plow Unit 94.5 81.5 17,010.00$ 0 -$

1 Ton Plow Truck 6.5 910.00$ 0 -$

Loading of Plow Unit/Skid Steer 30 2,550.00$ 0 -$

Loader Use 7 910.00$ 0 -$

Skid Steer Use 8 1,000.00$ 0 -$

Sand/Salt Purchase 84.46 4,248.08$ 0.00 -$

Trucking 0 -$ 0 -$

Salt Purchase 0 -$ 0 -$

Misc product/services 0 -$ 0 -$

Totals 26,628.08$ -$

Budget 30,000.00 $5,000.00

Running Totals 68,697.41$ 68,697.41$

Item

AGENDA ITEM #5.1.


Name

Yas Edwards

E-mail

» asiedwards21%,:-1nail.ct>11t

Comment or Message

Hello,

I am writing to ask that council consider more dog friendly trails during the winter months. Walking

on the roads is super dangerous as there are lost tourists and snow plows. The limitedtrail that is in

the village is not sufficient for people who frequent the hilland want to show their guests around the

beautiful area. Is there an off leash area where you do not have to be on Nordic trails? Are there

more dog friendly areas in the village that are accessible around the snow shoe and Nordic areas’? I

thank you for your time and hope that council willconsider more walking trails for locals and their

guests during winter months.

Yasi

AGENDA ITEM #6.1.

Dog Trails of 53

Nic?Braithwaite

Subject: FW:Communities on the Move

From: AllyFleck[mailto:af|eck@bchea|thy|iving.ca]Sent: March-09-172:32 PMTo: 'admin@sunpeaksmunicipa|ity.ca'Subject: Communities on the Move

Good afternoon,

My name is AllyFleck,and I am with the BCHealthy LivingAlliance. lam contacting you about an innovative initiativecalled ‘Communities on the Move’ — a way to join forces with other municipalities and organizations callingfor moreprovincial funding for active transportation and public transit. Iwould like to encourage Sun Peaks to sign on to thedeclaration.

What is Communities on the Move?The Communities on the Move declaration is intended to outline a vision for a healthy transportation system that meetsthe needs of all British Columbians.

0 It laysout core values of safety, health, equity, environmental sustainability and economic opportunity thatguide the vision and recommendations.

I The recommendations include a call for significant provincial investments in transit, active transportation

planning and facilities, and support for rural transportation, in addition to measures to enhance access amongvulnerable populations and to improve safety.

The ultimate goal is to convince provincial decision-makers to put in place the necessary funding and policy supports fora robust, active and public transportation system that serves all BritishColumbians.

Why endorse Communities on the Move?The declaration will shine a spotlight on the resources needed by communities to provide residents with more andhealthier transportation options.Bysigning on to the declaration, you will be joining together with other localgovernments, health organizations, unions,community advocates and businesses to make a strong united call for the provincialgovernment to increase investmentin community infrastructure.

How to endorse Communities on the Move?We encourage you to show your support for Communities on the Move, please visithttp://www.bchealthvliving.ca/movebc declaration/to add your endorsement.

Together, we can create communities that have convenient, healthy, and affordable transportation options for all! Iwould be happy to speak with you by phone or e—mai| if you have any questions about the declaration or theendorsement process.

Cheers,

AllyFleck,B.Sc.Practicum StudentBCHealthy LivingAlliance#310 — 1212 West BroadwayVancouver, BCV6H 3V2Tel: 604-629-1630

AGENDA ITEM #6.2.

Communities on the Move of 53

Sun Peaks Municipality Thursday, March 30, 2017

105 — 3270 Village Way

Sun Peaks, B.C. VOE5N0

Dear CouncilMembers and CAO,

On Wednesday, March 29"‘,l spoke briefly with Rob Bremner . He suggested I present a letter of

concern to the Municipality so the Council could include it for consideration during the next Council

meeting.

As expressed to Mr. Bremner, Iwould like to alert the council to the noise level being heard at

TimberlineVillage from the cooling tower and compressor building. Thisbegan on Tuesday, March 28"‘when the ice arena's cooling system was ?red up.

I am supportive of all the work the Municipalityhas done to get the Sun Peaks ice Arena operational

despite the many hurdles involving delays and unexpected expenses. How to reduce the present noise

level to an acceptable level is a very important one to discuss and implement moving fomlard.

Sincerely,

Chuck Beringer, VPTimberline Stata council

TimberlineVillage ii 54 360«738-8113 [email protected]

3300 Village Place

Sun Peaks, B.C. VOE5N0

AGENDA ITEM #6.3.

Refrigeration System Noise of 53

sun peaks mountain resort municipality

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