Regular Council - 10 May 2021 - Agenda - Cranbrook

AGENDA

Regular Council

Monday, May 10, 2021 at 6:00 P.M.

Council Chambers, 40 - 10 Avenue South

Cranbrook, BC

Page

1. CLOSED MEETING AT 5:00 P.M.

1.1

Resolution to close the meeting to the public pursuant to the Community Charter, as the matters being considered at this time relate to: Section 90(1)(g) litigation or potential litigation affecting the municipality; Section 90(1)(k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public, and Section 90(1)(l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report].

1.2

Resolution in accordance with Ministerial Order M192:

Whereas the Local Government Meetings and Bylaw Process (Covid-19) Order No. 3 (Ministerial Order No. M192) requires Council to pass a resolution to state the basis for holding the meeting without members of the public in attendance and the means by which the council or body is ensuring openness, transparency, accessibility and accountability in respect of the meeting;

Whereas capacity for Council Chambers to allow for 2 m social distancing was determined to be 14 people and Members of Council and Staff fill that capacity;

Whereas the City live broadcasts the public meeting on the City of Cranbrook website at https://cranbrook.ca/livestream/.

Be it resolved that the Regular Meeting of Monday, May 10, 2021 City of Cranbrook Council be held in Council Chambers with some members of Council and Staff attending remotely via Webex video-conferencing software, without members of the public being present in Council Chambers and that the meeting be broadcasted live to the City of Cranbrook website.

2. ADOPTION OF AGENDA

2.1

Agenda of the Regular Council Meeting of Monday, May 10, 2021

3. ADOPTION OF MINUTES

https://cranbrook.ca/livestream/

5 - 13 3.1

Minutes of the Regular Council Meeting of Monday, April 26, 2021

Draft Minutes Regular Council - 26 Apr 2021 15 - 19

3.2

Minutes of the Committee of the Whole Meeting of Wednesday, April 28, 2021

Draft Minutes Committee of the Whole - 28 Apr 2021 21 - 25

3.3

Minutes of the Committee of the Whole Meeting of Tuesday, May 4, 2021

Draft Minutes Committee of the Whole - 04 May 2021

4. PUBLIC HEARING AT 6:00 P.M.

Nil

5. DELEGATIONS

5.1

Harley Lee, BDO Canada LLP re: 2020 City of Cranbrook Audit Report

27 - 40

Staff Report - Finance Department: 2020 Auditor Communication Final Report to City Council

Staff Report - 2020 Auditor Communication Final Report to City Council - Pdf

6. BYLAWS

41 - 59

6.1

Staff Report - CAO's Office: Records and Information Management Bylaw No. 4012, 2021 (1-3 readings)

Staff Report - Records and Information Management Bylaw No. 4012, 2021 - Pdf 61 - 70

6.2

Staff Report - Finance Department: Cranbrook 2021 Tax Rates Bylaw 4040, 2021 (1-3, adopt)

Staff Report - Cranbrook 2021 Tax Rates Bylaw 4040, 2021 - Pdf 71 - 75

6.3

Staff Report - Finance Department: Airport Parking and Business Control Amendment Bylaw No. 4041, 2021 (adopt)

Staff Report - Airport Parking and Business Control Amendment Bylaw No. 4041, 2021 - Adopt - Pdf

77 - 97 6.4

Staff Report - Engineering and Development Services: Official Community Plan Amendment Bylaw No. 4042, 2021 - St Mary Neighbourhood Plan/Wycliffe Park Road (1st reading)

Staff Report - Official Community Plan Amendment Bylaw No. 4042, 2021 - St Mary Neighbourhood Plan/Wycliffe Park Road - Pdf

99 - 146 6.5

Streets, Traffic and Parking Bylaw No. 4044, 2021

Staff Report - Streets, Traffic and Parking Bylaw No. 4044, 2021 - Pdf 147 - 150

6.6

Fees and Charges Amendment Bylaw No. 4045, 2021

Staff Report - Fees and Charges Amendment Bylaw No. 4045, 2021 - Pdf 151 - 161

6.7

Municipal Ticketing Information System Amendment Bylaw No. 4046, 2021

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Staff Report - Municipal Ticketing Information System Amendment Bylaw No. 4046, 2021 - Pdf

7. BUSINESS ARISING

Nil

8. NEW BUSINESS

163 - 179

8.1

Staff Report - CAO's Office: 2021/2022 CBT Community Initiatives and Affected Areas Program

Staff Report - 2021/2022 CBT Community Initiatives and Affected Areas Program - Pdf

181 - 212 8.2

Audited 2020 Consolidated Financial Statements

Staff Report - Audited 2020 Consolidated Financial Statements - Pdf 213 - 221

8.3

Staff Report - Engineering and Development Services: Remedial Action Order - 120-6th Street North Cranbrook - Knox Water Company Ltd

Staff Report - Remedial Action Order - 120-6th Street North Cranbrook - Knox Water Company Ltd - Pdf

9. COMMITTEE RECOMMENDATIONS

Nil

10. ADMINISTRATION UPDATES

223 - 225

10.1

Report - Administration Update

ADMINISTRATION UPDATE REGULAR MAY 10, 2021

11. PETITIONS

Nil

12. CORRESPONDENCE

ACTION ITEMS

INFORMATIONAL ITEMS

227

12.3

Correspondence from Donna Brady Fields, Executive Director, United Way East Kootenay received May 3, 2021 re: 2021 Downtown Park On Us Campaign.

Recommendation:

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"THAT the Correspondence from Donna Brady Fields, Executive Director, United Way East Kootenay received May 3, 2021 regarding the 2021 Downtown Park On Us Campaign be received for information."

Correspondence United Way Park On Us Campaign

13. MAYOR AND COUNCILLORS – REPORTS & INQUIRIES

14. ADJOURNMENT

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Monday, April 26, 2021 (Regular Council)

M I N U T E S

REGULAR COUNCIL MEETING

City of Cranbrook

Minutes of the Regular Council Meeting held on Monday, April 26, 2021 at 6:00 p.m., in the Council Chambers, 40 - 10 Avenue South, Cranbrook, BC.

PRESENT:

Mayor L. Pratt

Councillor N. Blissett

Councillor W. Graham

Councillor J. Hudak

Councillor M. Peabody

Councillor R. Popoff

Councillor W. Price

IN ATTENDANCE:

M. Fercho, Chief Administrative Officer

M. Dueck, City Clerk/Corporate Officer

C. Osborne, Director of Finance (electronic participation)

D. Anderson, Director of Public Works (electronic participation)

S. Paulsen, Director of Recreation and Culture (electronic participation)

S. Driver, Director of Fire & Emergency Services (electronic participation)

C. Zettel, Corporate Communications Officer (electronic participation)

C. Penson, Manager of Engineering & Field Services (electronic participation)

M. Matejka, Manager of Infrastructure Planning & Delivery (electronic participation)

R. Fraser, Director of Engineering & Development Services (electronic participation)

R. Veg, Manager of Planning (electronic participation)

R. Price, Community Planner (electronic participation)

D. Zacharias, Computer Support Specialist

L. Mulenga, Systems Administrator

Sgt. B. Graham, RCMP, Cranbrook Detachment

T. Chernove, Managing Director, Canadian Rockies International Airport (electronic participation)

CALL TO ORDER

Mayor Pratt called the Regular Council Meeting to Order at 3:30 p.m.

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(1) CLOSED MEETING AT 3:30 P.M.

Moved by Councillor J. Hudak and seconded

CLOSED MEETING

118-21

THAT in accordance with Section 90 of the Community Charter the Regular Council Meeting of Monday, April 26, 2021, commencing at 3:30 p.m. is to be closed on the basis that the subject matters relate to: Section 90(1)(c) labour relations or other employee relations; Section 90(1)(d) the security of the property of the municipality; Section 90(1)(e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality; Section 90(1)(g) litigation or potential litigation affecting the municipality, and Section 90(1)(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Carried Unanimously.

Mayor Pratt read the following resolution in accordance with Ministerial Order M192:

Whereas the Local Government Meetings and Bylaw Process (Covid-19) Order No. 3 (Ministerial Order No. M192) requires Council to pass a resolution to state the basis for holding the meeting without members of the public in attendance and the means by which the council or body is ensuring openness, transparency, accessibility and accountability in respect of the meeting;

Whereas capacity for Council Chambers to allow for 2 m social distancing was determined to be 14 people and Members of Council and Staff fill that capacity;

Whereas the City live broadcasts the public meeting on the City of Cranbrook website at https://cranbrook.ca/livestream/.

Be it resolved that the Regular Meeting of April 26, 2021 City of Cranbrook Council be held in Council Chambers with some members of Council and Staff attending remotely via Webex video-conferencing software, without members of the public being present in Council Chambers and that the meeting be broadcasted live to the City of Cranbrook website.

RECONVENE

Mayor Pratt reconvened the Regular Meeting of Monday, April 26, 2021 in Council Chambers at 6:00 p.m.

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https://cranbrook.ca/livestream/


(2) ADOPTION OF AGENDA

Mayor Pratt noted the following late item for consideration on the Agenda of the Regular Council Meeting of Monday, April 26, 2021 (Item 10.1 Administration Update - Memorial Planter in Rotary Park)

Moved by Councillor W. Price and seconded

REGULAR MTG APR 26/21

119-21

THAT the Agenda of the Regular Council Meeting of Monday, April 26, 2021 be adopted as amended.


(3) ADOPTION OF MINUTES

Moved by Councillor W. Graham and seconded

PERSONNEL COTW MAR 23/21 P/HEARING & REG. MTG. APR 12/21

120-21

THAT the Minutes of the Personnel Committee of the Whole Meeting of Tuesday, March 23, 2021, the Minutes of the Public Hearing of Monday, April 12, 2021 and the Minutes of the Regular Council Meeting of Monday, April 12, 2021 be adopted.


(4) PUBLIC HEARING AT 6:00 P.M.

Nil

(5) DELEGATIONS

RCMP 1st QUARTER REPORT

Staff Sergeant B. Graham, NCO i/c, RCMP, Cranbrook Detachment presented the Mayor's Report - 1st Quarter 2021. His report included a review of the Calls to Service; Offences, Clearance Rates as well as an overview of detachment news including:

• Submission of an upgraded award of Valour for Cpl. Phil Sullivan - police dog handler

• Cst. Forrest Anderson completion of training for the National selection list for police dog service

• Cst. Mark Bollinger successful completion and certification as a forensic identification specialist

• retirements of Cpl Bryce Bessant and Cpl Scott Milliken

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• promotion of Sgt Stu Hert to Operations NCO; Cpl Dean Kletzel and Cpl Greg Dolan to supervisors on General Duty

• recruitment for two new Constable positions

• review of updates to the various Community Policing Programs

• COVID-19 update

Council discussed the report and had general questions and comments.

Mayor Pratt thanked Sgt. Graham for his presentation.

(6) BYLAWS


BYL# 4031

121-21

THAT Council adopt "City of Cranbrook Zoning Amendment Bylaw No. 4031, 2021".



BYL# 4032

122-21

That Council adopt “Development Procedures and Delegation Amendment Bylaw No. 4032, 2021”.


Moved by Councillor N. Blissett and seconded

BYL# 4036

123-21

THAT Council adopt "City of Cranbrook Recreation and Culture Fees and Charges Bylaw No. 4036, 2021".



BYL # 4038

124-21

THAT Council not give first reading to “City of Cranbrook Zoning Amendment Bylaw No. 4038, 2021”.


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BYL# 4041

125-21

That Council give first reading to Airport Parking and Business Control Amendment Bylaw No. 4041, 2021.



BYL# 4041

126-21

That Council give second reading to Airport Parking and Business Control Amendment Bylaw No. 4041, 2021.


Moved by Councillor R. Popoff and seconded

BYL# 4041

127-21

That Council give third reading to Airport Parking and Business Control Amendment Bylaw No. 4041, 2021.


(7) BUSINESS ARISING

Nil

(8) NEW BUSINESS


UBCM GRANT DEVEL. APPROVALS PROGRAM

128-21

THAT Council receive the report from the Engineering and Development Services Department titled "UBCM Local Government Development Approvals Program"; and further,

1. THAT Council authorize staff to submit a grant application through the UBCM Local Government Development Approvals Program for secure online development approval permitting software and associated staffing support, and

2. THAT Council supports the project and commits to the implementation and management of the grant


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COVID-19 SAFE RESTART GRANT

129-21

THAT Council receive the report from the Finance Department titled "Schedule of Provincial COVID-19 Safe Restart Grant Utilization"; and further, that Council approve the Schedule of Provincial COVID-19 Safe Restart Grant Utilization to be attached to the 2020 Audited Financial Statements.


C. Osborne provided a brief presentation to Council reviewing the following statements:

Consolidated Statement of Financial Position

Consolidated Statement of Operations

She noted two corrections to the Statements and requested they be approved as amended.


DRAFT FIN. STMT 2020

130-21

THAT Council receive the report from the Finance Department titled "Draft Financial Statements for the Year Ended December 31, 2020"; and further, that Council approve the draft financial statements for the year ended December 31, 2020 as amended.



PROPOSED TAX RATES

131-21

THAT Council receive the report from the Finance Department titled "Proposed 2021 City of Cranbrook Tax Rates"; and further, that Council receive the information presented and direct staff to bring back a tax rate bylaw for 3 readings and adoption at the May 10, 2021 Regular meeting resulting in a general municipal tax burden distribution of roughly 62% residential property class and 35% business property class with a general municipal tax increase to the residential class of 2.35%.


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PACIFIC COASTAL AIR CARRIER

132-21

THAT Council receive the report from the Finance Department titled "Pacific Coastal Airlines - Air Carrier Operating Agreement"; and further, that Council approve entering into an Air Carrier Operating Agreement with Pacific Coastal Airlines for a five (5) year term commencing May 1, 2021 expiring April 30, 2026.with three (3) five (5) year options to renew; and further, that the Mayor and CAO be authorized to sign the required documents on behalf of the City.


(9) COMMITTEE RECOMMENDATIONS

Nil

(10) ADMINISTRATION UPDATES

PPTY. INSURANCE RENEWALS

C. Osborne reviewed the Administration Update regarding 2021 Insurance Renewals.

CAP. PRG. UPDATE

M. Matejka reviewed the Administration Update regarding Capital Program Update. Council had general comments and inquiries.

MEMORIAL PLANTER ROTARY PARK

M. Fercho reviewed the Administration Update regarding the Memorial Planter in Rotary Park. The update included a brief history of the planter and confirmation that two plaques have been installed on the structure since its inception in 2012. He requested the following from Council:

1. direction to remove the memorial planters and brick pavers, and return the area to grass

2. direction to create a working group to create new programs to recognize prominent citizens

Council discussed the request and directed staff to remove the planter and plant grass to create additional space in the park.


133-21

THAT Council direct Staff to remove the memorial planters and brick pavers in Rotary Park and return the area to grass.

Carried.

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Opposed: Mayor Pratt, Councillor Hudak

Council directed staff to add future discussion regarding a program to recognize prominent citizens to the banner program discussion.

(11) PETITIONS

Nil

(12) CORRESPONDENCE

Nil

(13) MAYOR AND COUNCILLORS – REPORTS & INQUIRIES

PED. CROSSING

Councillor Popoff inquired about the potential for a pedestrian crossing light on the curve of the highway by Gerick Sports and HUB Insurance and whether flashing lights could be installed. Staff confirmed that it will be part of a future discussion with the Ministry of Transportation and Infrastructure about future resurfacing work as part of the longer term infrastructure planning including potential improvements to the pedestrian crossing (timing, scope and cost).

RECYCLING PROGRAM

Councillor Price thanked Public Works staff for the roll out and implementation of the recycling bin program, noting it was coming out a year ahead of schedule.

SOCIAL PLANNING COMMITTEE

Councillor Peabody advised he had recently attended a meeting of the Social Planning Committee and advised the group would like to appear before Council as a delegation to provide an overview of what programs and services they provide. Staff to set up a Committee of the Whole Meeting and invite the Committee.

STRATA RECYCLING/ GARBAGE SERVICE

Councillor Graham inquired about strata developments and why they are not included in the City's recycling or garbage pick up services. Staff to review and report back including garbage collection, landfill fees, recycling, street cleaning/snow removal etc.

URBAN DEER

Mayor Pratt advised he had met with representatives from Ministry of Forests, Lands and Natural Resource Operations regarding the issue of urban deer in the City. He advised the Ministry has committed to looking at new solutions and options to work with the City to address the problem.

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(14) ADJOURNMENT


ADJOURN

134-21

THAT the Regular Council Meeting of Monday, April 26, 2021 be adjourned at 7:45 p.m.


__________________________________________

Mayor

I hereby certify these minutes are correct.

__________________________________________

City Clerk

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Wednesday, April 28, 2021 (Committee of the Whole)

M I N U T E S

COMMITTEE OF THE WHOLE MEETING

City of Cranbrook

Minutes of the Committee of the Whole Meeting held on Wednesday, April 28, 2021 at 3:30 p.m., in the Council Chambers, 40 - 10 Avenue South, Cranbrook, BC.

PRESENT:

Mayor L. Pratt



Councillor J. Hudak



Councillor W. Price

IN ATTENDANCE:



C. Osborne, Director of Finance (electronic participation)

S. Paulsen, Director of Recreation and Culture


D. Anderson, Director of Public Works

T. Henry, Manager, Information Technology Division

C. Zettel, Corporate Communications Officer (electronic participation)

K. Pocha, Water/Waste Water Project Manager (electronic participation)

R. Fraser, Director of Engineering & Development Services

C. Penson, Manager of Engineering & Field Services

L. Mulenga, Systems Administrator

T. Hetu, Deputy Director of Public Works (electronic participation)

J. Short, Urban Systems (electronic participation)

R. Mogentale, Urban Systems (electronic participation)

CALL TO ORDER:

Mayor Pratt called the Committee of the Whole Meeting of Wednesday, April 28, 2021 to Order at 3:30 p.m.

(1) COMMITTEE OF THE WHOLE CLOSED MEETING

Nil

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COTW MTG. APR 28/21

006-21 COTW

THAT the Agenda of the Committee of the Whole Meeting of Wednesday, April 28, 2021 be adopted.



Nil

(4) DELEGATIONS

DCC REVIEW

Joel Short, MCIP, RPP Senior Planner / Principal, Urban Systems made an electronic presentation to Council regarding: City of Cranbrook DCC Update

The presentation included an overview of the items:

1. Background and Refresher on Development Cost Charges (DCCs)

2. Growth projections

3. Capital projections

4. DCC calculations

5. Comparisons

6. Options: assist factors, phasing in, benefit allocations, levels of service

7. Possible parks DCCs

8. Next steps and adoption process

DCC REVIEW

1. Background

• current bylaw (2004) allows for DCCs for Highway, storm sewer, water and sewage facilities including a review of various studies and updates since 2004

• amendment in 2010 to exempt not-for-profit housing projects

• review of what DCCs are and what they can be used to pay for (development related costs for infrastructure/parkland and limited park development)

• review of cost recovery tools for municipalities and review of DCC recoverable costs and the basic DCC calculation process

• review of current DCC rates

• review of population from 2010-2019

• review of housing starts from 2010-2019

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2. Growth Projections

• review of projected population growth chart from 2010-2041 using 0.85% to be consistent with capital plans and the past 5 years

• review of projections for single detached, multi family, and commercial industrial and institutional

• review of new floor area construction for commercial, industrial and institutional for 2006-2019

• review of projected building construction over 20 years

3. Capital Projects

• review of roads, water, sewer, drainage (stormwater)

• parks - new DCC being considered - focus on parks development rather than land acquisition

4. DCC Calculations

• review of range of calculated DCCs per lot for Single Detached Residential ($9,900-19,600) compared to the existing DCC charge ($2,032)

• review of options given the increase

• compare with other communities

• assist factor

• phase in over time

• reconsider benefit allocation

• defer some projects/accept a reduced level of service

• do not update DCCs

• stick with increase - growth to pay for growth

5. Comparisons

• local comparison single family

• provincial comparison single family

6. Review of Options

• assist factors

• phasing in DCCs

• benefit allocations

• defer some projects/reduce level of service

• don't update the DCCs

• go ahead with increases

7. Possible parks DCCs

• review of options - can be used to pay for land acquisition and some modest parks construction/development

8. Next Steps

• adjustments to be made based on Council direction

• bring back to Council with revised DCCs

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• engage with developers and the wider community

• return to Council and staff with results of engagement

• prepare background report and bylaw

• proceed with adoption process

Members of Council had general comments and questions for the Delegation and provided general direction regarding adjustments to DCCs moving forward.

Mayor Pratt thanked J. Short for his presentation.

(5) BYLAWS

Nil


Nil

(7) NEW BUSINESS

DCC REVIEW

Development Cost Charge Bylaw - See Delegation Item 4.1

CBT CIIAAP GRANTS

Mayor Pratt reviewed the report from the CAO's Office titled "2021/2022 CBT Community Initiatives and Affected Areas Program".

Council discussed the report and reviewed the recommendations from the panel (Councillors Blissett, Peabody and Hudak). Council discussed the various projects with members of the panel providing additional information regarding recommended funding levels. Staff will submit the report to the Regular Meeting of May 10, 2021 for approval of the projects and funding levels as presented in the report.


Nil


Nil

(10) PETITIONS

Nil

(11) CORRESPONDENCE

Nil

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(13) ADJOURNMENT


ADJOURN

007-21 COTW

THAT the Committee of the Whole Meeting of Wednesday, April 28, 2021 be adjourned at 5:50 p.m.


__________________________________________

Mayor


__________________________________________

City Clerk

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Tuesday, May 4, 2021 (Committee of the Whole)

M I N U T E S

COMMITTEE OF THE WHOLE MEETING

City of Cranbrook

Minutes of the Committee of the Whole Meeting held on Tuesday, May 4, 2021 at 1:00 p.m., in the Council Chambers, 40 - 10 Avenue South, Cranbrook, BC.

PRESENT:

Mayor L. Pratt


Councillor J. Hudak



Councillor W. Price

ABSENT:


IN ATTENDANCE:



C. Osborne, Director of Finance

C. Courtney, Deputy Director of Finance (electronic participation)

D. Anderson, Director of Public Works (electronic participation)


R. Fraser, Director of Engineering & Development Services (electronic participation)

S. Paulsen, Director of Recreation & Culture (electronic participation)

CALL TO ORDER:

Mayor Pratt called the Committee of the Whole Meeting of Tuesday, May 4, 2021 to Order at 1:00 p.m.

(1) COMMITTEE OF THE WHOLE CLOSED MEETING

Nil

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COTW MTG. MAY 4/21

008-21 COTW

THAT the Agenda of the Committee of the Whole Meeting of Tuesday, May 4, 2021 be adopted.



Nil

(4) DELEGATIONS

Nil

(5) BYLAWS

Nil


Nil

(7) NEW BUSINESS

OPENING COMMENTS

C. Osborne provided opening comments regarding the information to be presented in the meeting. She advised the plan will be to bring the draft Reserve Funds Establishment Bylaw for consideration at the May 31, 2021 meeting.

ASSET MANAGEMENT

M. Matejka made an electronic presentation to Council regarding: Asset Management - Levels of Service and Risk Management. The presentation included a review of the following items:

• What is Asset Management

• Why Asset Management

• Who is responsible for Asset Management

• Review of Asset SMART 2.0 - tool to assess a community's Asset Management Practices including:

1. Location 2. Key Attribute Data 3. Install Data 4. Historic Cost 5. Natural Assets 6. Policy 7. Strategy 8. Level of Service 9. Risk

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10. AMP - Asset Replacement Plans 11. AMP - Long Term Capital Plan 12. Climate Change

Levels of Service

• Sustainable Service Delivery o achieved though balancing service levels, risk,

costs and time

• Lifecycle Costing

• Community (customer) Levels of Service vs. Technical (operational/asset) Levels of Service

• Corporate strategic context

• municipal infrastructure services

• Levels of Service for various asset types (roads, sidewalks, parks, trails, facilities)

• review of Levels of Service hierarchy

• risks related to Levels of Service

• proactive maintenance vs reactive repairs

• proactive replacement vs risk management and service disruption

Review of Asset Management Next Steps:

1. Undertake a Levels of Service Review

2. Use Levels of Service to inform budget and policy decisions

3. Incorporate Asset Management practices into land use and growth

4. Work towards long term financial plan

Members of Council had general comments and inquiries noting adequate funding and resources will be required to continue building the City's Asset Management Plan.

RESERVE FUNDS

C. Osborne and C. Courtney made a presentation to Council regarding the Reserve Funds. The presentation included the following:

• identify Council Strategic Plan 2020-2024 3.1.3 b) Financial Sustainability

*Review and adopt a draft reserve and surplus policy based on principles of effectiveness, transparency, and City sustainability

• new Reserve and Surplus Policy was adopted by Council in July 2020. Policy established purposes for each reserve, determined funding sources and established minimum and target balances for applicable reserves

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• link between the Reserve Policy and the City's Financial Plan

• requirement under the Charter to establish a reserve fund bylaw to set aside monies for specific purposes. Existing reserve bylaws are not aligned with the new policy and need to be repealed and replaced

Proposed Reserve Fund Establishment Bylaw

• repeal obsolete bylaws

• establish new separate reserve funds under one consolidated bylaw

• align the bylaw with the new policy to clearly define purpose and funding sources of reserves

• reduce the number of reserves by consolidating multiple too specific and small balance reserves into broader, more flexible reserves

• reallocate existing reserve balances as needed

C. Courtney reviewed the chart highlighting the current reserve funds and the proposed consolidation of funds into the new reserves which will be created by the draft reserve fund establishment bylaw. She also reviewed the chart for current existing reserves for the Water Fund, Sewer Fund, Solid Waste Fund and Airport Funds as well as the proposed new reserves for these utilities and the airport

Councillor Peabody left the meeting at 3:10 p.m.

D. Anderson provided Council with an update regarding the Wildstone Area water leak investigation, advising the contractor has determined it will be a major repair with expenses anticipated to be quite high.

Councillor Peabody returned to the meeting at 3:13 p.m.

C. Courtney reviewed the chart showing the General Fund - Reserve Fund activity noting the schedule from 2021-2025 includes land mortgage payments of $1,033,000/year for five years and that those payments will be transferred to the Capital Lending (Land Sales) Reserve as required under the Charter.

Council discussed the presentation in detail. C. Courtney confirmed the Moir Park Reserve Fund had not been included in the draft reserve bylaw at this time as it does not affect the proposed bylaw.

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Nil


Nil

(10) PETITIONS

Nil

(11) CORRESPONDENCE

Nil


Nil

(13) ADJOURNMENT


ADJOURN

009-21 COTW

THAT the Committee of the Whole Meeting of Tuesday, May 4, 2021 be adjourned at 3:46 p.m.


__________________________________________

Mayor


__________________________________________

City Clerk

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COUNCIL REPORT

FILE NO. 1680.20

Regular Council - 10 May 2021

TITLE:

2020 Auditor Communication Final Report to City Council

PREPARED BY:

Charlene Courtney

DEPARTMENT:

Finance

PURPOSE:

To present to Council the auditor's final report for the audit of the consolidated financial statements of the Corporation of the City of Cranbrook for the year ending December 31, 2020.

RECOMMENDATION BY STAFF

That Council receive the auditor's final report dated May 10, 2021 for the consolidated financial statements for the Corporation of the City of Cranbrook for the year ending December 31, 2020.

BACKGROUND INFORMATION: Canadian Auditing Standards (CAS 260) requires that the auditor communicate to those charged with governance the auditor's responsibilities in relation to the financial statement audit and any significant findings arising from the audit. We have received the final report dated May 10, 2021 from the City Auditor, BDO Canada LLP. The report summarized certain aspects of the audit that the auditor believes will be of interest to Members of Council and should be read prior to review of the audited financial statements. ALTERNATIVE: Nil BUDGETARY IMPACT: Nil POLICY IMPLICATION: Nil STRATEGIC PLAN ALIGNMENT: 3.1 Delivering Good Governance - Community Charter (Section 167)- By May 15 in each year, a municipality must submit to the inspector its audited financial statements. ATTACHMENTS: 20210510 Final Report to Mayor and Council Approved By: Status: Charlotte Osborne, Director of Finance Approved - 05 May 2021 Marnie Dueck, City Clerk/Corporate Officer Approved - 06 May 2021

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COUNCIL REPORT – 2020 AUDITOR COMMUNICATION FINAL REPORT TO CITY COUNCIL Mark Fercho, Chief Administrative Officer Approved - 06 May 2021

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BDO Canada LLP, a Canadian limited liability partnership, is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms.

AUDIT Final REPORT TO THE MAYOR AND COUNCIL

May 10, 2021

THE CORPORATION OF THE CITY OFCRANBROOK

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Audit Final Report for The Corporation of the City of Cranbrook For the year ended December 31, 2020

1

TABLE OF CONTENTSSUMMARY ............................................................................................................................................................................................................... 2

AUDIT FINDINGS .................................................................................................................................................................................................... 5

INTERNAL CONTROL MATTERS.............................................................................................................................................................................. 7

APPENDIX A: INDEPENDENT AUDITOR’S REPORT ................................................................................................................................................. 9

APPENDIX B: BDO RESOURCES ............................................................................................................................................................................ 11

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2

SUMMARY

Status of the Audit

As of the date of this report, we have completed our audit of the 2020consolidated financial statements, concurrent or subsequent to thecompletion of the following items:

u Approval of consolidated financial statements by the Mayor andCouncil on April 26th, 2021

u Receipt of signed management representation letter

u Subsequent events review through to financial statement auditreport date

We conducted our audit in accordance with Canadian generallyaccepted auditing standards. The objective of our audit was to obtainreasonable, not absolute, assurance about whether the consolidatedfinancial statements are free from material misstatement. SeeAppendix A for a copy of our independent auditor’s report.

Except as described in this report, the scope of the work performed wassubstantially the same as that described in our Planning Report to theMayor and Council dated March 1, 2021.

Materiality

As communicated to you in our Planning Report to the Mayor andCouncil, preliminary materiality was $1,200,000. Final materialitydecreased to $1,100,000 to reflect the decrease in actual operatingexpenses compared to budget, primarily as a result of COVID-19.

Audit Findings

Our audit focused on the risks specific to your business and keyaccounts. Our discussion points below focus on areas of significant risksof material misstatement, or the following items:

u COVID-19 Impactu Recognition of Grant & Government Transfer Revenueu Management Override of Internal Controlsu Non-monetary Transactionsu General Presumption of Fraud in Revenueu Potential Fraud, Misappropriation of Assetsu Contaminated Sites

Our audit and therefore this report will not necessarily identify all matters that may be of interest to the Mayor and Council in fulfilling its responsibilities.This report has been prepared solely for the use of the Mayor and Council and should not be distributed without our prior consent. Consequently, weaccept no responsibility to a third party that uses this communication.

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3

Internal Control Matters

We are required to report to you in writing, any significant deficienciesin internal control that we have identified. The specifics of thiscommunication, if any, are included in our report below.

Independence

Our annual letter confirming our independence was previously providedto you. We know of no circumstances that would cause us to amendthe previously provided letter.

Adjusted and Unadjusted Differences

There were no significant adjusted or unadjusted misstatementsdetermined throughout the course of the audit. Should the Mayor andCouncil agree with this assessment, we do not propose furtheradjustments.

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4

Management Representations

During the course of our audit, management made certainrepresentations to us. These representations were verbal or written andtherefore explicit, or they were implied through the consolidatedfinancial statements. Management provided representations in responseto specific queries from us, as well as unsolicited representations. Suchrepresentations were part of the evidence gathered by us to be able todraw reasonable conclusions on which to base our audit opinion. Theserepresentations were documented by including in the audit workingpapers memoranda of discussions with management and writtenrepresentations received from management.

At your request, we are able to provide you with a copy of themanagement representation letter which summarizes therepresentations we have requested from management.

Fraud Discussion

Through our planning process, and current and prior years’ audits, wehave developed an understanding of your oversight processes. We arenot currently aware of any fraud affecting the Municipality.

If you are aware of changes to processes or are aware of any instancesof actual, suspected or alleged fraud affecting the Municipality sinceour discussions held at planning, we request that you provide us withthis information.

Please refer to the Auditor’s Responsibilities for Detecting Fraud in thePlanning Report to the Mayor and Council.

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5

AUDIT FINDINGS

SIGNIFICANT RISKS OFMATERIALMISSTATEMENT

RISKS NOTED AUDIT FINDINGS

Impact of COVID-19 The global health crisis known as “COVID-19” has caused significant disruptions toworkforces across the globe. This drivespotential operational risks for manyorganizations.

Declines in revenue, primarily in the recreation and airport functions, alongwith limited COVID-19 relief measures offered by the City impacted cash andoperational management to some extent. While this posed some challenges tooperations throughout the year, there were no significant changes to the City’sprocesses and systems. Some capital projects were funded as planned, whilemany others were postponed. Additional note disclosure has been added to thefinancial statements to address the ongoing uncertainty surrounding the globalpandemic.

Recognition of GrantRevenue & GovernmentTransfers

Revenue recognition accounting standardsin relation to grant revenue andgovernment transfers are complex andopen to interpretation. There is a risk thatgrants or revenue derived fromgovernment transfers may be incorrectlydeferred into future periods or recognizedprior to stipulations being met.

Through our review of funding agreements and with a focus on key termsrelated to revenue recognition criteria, grant funding appears to be recordedappropriately. In response to COVID-19, the federal and provincial governmentsprovided funding to local governments throughout BC to support operating costsand revenues. Many of the recognition stipulations and restrictions for thefunding are broad and enable the City to appropriately recognize the funding asrevenue in the current year. A schedule to the financial statements has beenadded in relation to Provincial Restart Grant.

As part of our ongoing communications with you, we are required to have a discussion on our views about significant qualitative aspects of the Municipality'saccounting practices, including accounting policies, accounting estimates and financial statement disclosures. In order to have a frank and open discussion,these matters will be discussed verbally with you. A summary of the key discussion points are as follows:

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6

SIGNIFICANT RISKS OFMATERIALMISSTATEMENT

RISKS NOTED AUDIT FINDINGS

Management Override ofInternal Controls

Management can often be in a uniqueposition to perpetrate fraud because ofmanagement’s ability to directly orindirectly manipulate accounting records,and prepare fraudulent financial statementsby overriding controls that otherwise appearto be operating effectively.

We performed journal entry testing, reviewed key estimates, and testedsegregation of duties and key internal controls to determine that all controlsappear to be working effectively, and as designed preventing the ability formanagement to override controls.

Non-monetaryTransactions includingDeveloper Contributions

The municipality regularly receives materialcontributions of infrastructure and assetsfrom developers, or may be involved inother non-monetary transactions. There isthe risk that contributions may not beidentified, or of a misstatement due toincorrect valuation with respect to thetransactions.

The City did not have any significant revenues from non-monetary transactions,including developer contributions. Contributed assets during the year includedthe pickle ball courts and curling rink washrooms and have been appropriatelyrecognized.

Potential Fraud Risk inRelation to Revenue

The ordinary presumption of fraud risk inrelation to revenue, or themisappropriation of assets, specifically thehandling of cash.

Revenue appears to be recorded appropriately. Revenue testing methods variedby revenue stream and incorporated an element of unpredictability.

Contaminated Sites This is a complex area that relies uponexpert reports and managementassumptions. There is risk surrounding theexistence of sites as well as thecompleteness of reported liabilitiesdisclosure, if any.

Per our review of Management’s contaminated site analysis, the City is notresponsible or aware of contaminated sites of significance, if any. In addition,review of property tax folios and Council minutes did not give rise to anypotential acquisition during the year of a contaminated site through tax sale.

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7

INTERNAL CONTROL MATTERS

During the course of our audit, we performed the following procedures with respect to the Municipality’s internal control environment:

u Documented operating systems to assess the design and implementation of control activities, both manual and automated, which were relevantto the audit.

u Discussed and considered potential audit risks with management.

The results of these procedures were considered in determining the extent and nature of substantive audit testing required.

We are required to report in writing significant deficiencies in internal control that we have identified during the audit. A significant deficiency isdefined as a deficiency or combination of deficiencies in internal control that, in the auditor's professional judgment, is of sufficient importance tomerit the attention of those charged with governance.

We did not detect any significant internal control deficiencies and as such we have provided a no issues letter to management in this regard.

As the purpose of the audit is for us to express an opinion on the Municipality’s consolidated financial statements, our audit cannot be expected todisclose all matters that may be of interest to you. As part of our work, we considered internal control relevant to the preparation of theconsolidated financial statements such that we were able to design appropriate audit procedures. This work was not for the purpose of expressing anopinion on the effectiveness of internal control.

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8

APPENDICES

Appendix A: Independent auditor’s report

Appendix B: BDO resources

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9

APPENDIX A: INDEPENDENT AUDITOR’S REPORT

To the Mayor and Members of Council of The Corporation of the City of Cranbrook

Opinion

We have audited the accompanying consolidated financial statements of The Corporation of the City of Cranbrook,which comprise the consolidated statement of financial position as at December 31, 2020, and the consolidatedstatements of operations, changes in net financial assets and cash flows for the year then ended, and a summary ofsignificant accounting policies and other explanatory information.

In our opinion, the accompanying consolidated financial statements present fairly, in all material respects, thefinancial position of The Corporation of the City of Cranbrook as at December 31, 2020 and its statement ofoperations, and changes in net financial assets and cash flows for the year then ended in accordance with Canadianpublic sector accounting standards.

Basis for Opinion

We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilitiesunder those standards are further described in the Auditor’s Responsibilities for the Audit of the FinancialStatements section of our report. We are independent of the City in accordance with the ethical requirements thatare relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethicalresponsibilities in accordance with these requirements. We believe that the audit evidence we have obtained issufficient and appropriate to provide a basis for our opinion.

Other Matter

We draw attention to the fact that the supplementary information in Schedule – Provincial COVID-19 Restart GrantUtilization does not conform to part of the audited financial statements. We have not audited or reviewed thissupplementary information and, accordingly, we do not express any opinion, review, conclusion or any form ofassurance on this supplementary information.

Responsibilities of Management and Those Charged with Governance for the Financial Statements

Management is responsible for the preparation and fair presentation of these consolidated financial statements inaccordance with Canadian public sector accounting standards, and for such internal control as managementdetermines is necessary to enable the preparation of consolidated financial statements that are free from materialmisstatement, whether due to fraud or error.

In preparing the consolidated financial statements, management is responsible for assessing the City’s ability tocontinue as a going concern, disclosing, as applicable, matters related to going concern and using the going concernbasis of accounting unless management either intends to liquidate the City or to cease operations, or has norealistic alternative but to do so.

Those charged with governance are responsible for overseeing the City’s financial reporting process.

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10

Auditor's Responsibilities for the Audit of the Financial Statements

Our objectives are to obtain reasonable assurance about whether the consolidated financial statements as a wholeare free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includesour opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted inaccordance with Canadian generally accepted auditing standards will always detect a material misstatement whenit exists. Misstatements can arise from fraud or error and are considered material if, individually or in theaggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis ofthese consolidated financial statements.

As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professionaljudgment and maintain professional skepticism throughout the audit. We also:

· Identify and assess the risks of material misstatement of the consolidated financial statements, whether dueto fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidencethat is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a materialmisstatement resulting from fraud is higher than for one resulting from error, as fraud may involvecollusion, forgery, intentional omissions, misrepresentations, or the override of internal control.

· Obtain an understanding of internal control relevant to the audit in order to design audit procedures thatare appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectivenessof the City’s internal controls.

· Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimatesand related disclosures made by management.

· Conclude on the appropriateness of management’s use of the going concern basis of accounting and, basedon the audit evidence obtained, whether a material uncertainty exists related to events or conditions thatmay cast significant doubt on the City’s ability to continue as a going concern. If we conclude that amaterial uncertainty exists, we are required to draw attention in our auditor’s report to the relateddisclosures in the consolidated financial statements or, if such disclosures are inadequate, to modify ouropinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report.However, future events or conditions may cause the City to cease to continue as a going concern.

· Evaluate the overall presentation, structure and content of the consolidated financial statements, includingthe disclosures, and whether the consolidated financial statements represent the underlying transactionsand events in a manner that achieves fair presentation.

We communicate with those charged with governance regarding, among other matters, the planned scope andtiming of the audit and significant audit findings, including any significant deficiencies in internal control that weidentify during our audit.

Chartered Professional Accountants

Cranbrook, BC

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11

APPENDIX B: BDO RESOURCES

BDO is a leading provider of professional services to clients of all sizesin virtually all business sectors. Our team delivers a comprehensiverange of assurance, accounting, tax, and advisory services,complemented by a deep industry knowledge gained from nearly 100years of working within local communities. As part of the global BDOnetwork, we are able to provide seamless and consistent cross-borderservices to clients with global needs. Commitment to knowledge andbest practice sharing ensures that expertise is easily shared across ourglobal network and common methodologies and information technologyensures efficient and effective service delivery to our clients.

Outlined below is a summary of certain BDO resources, which may be ofinterest to the Mayor and Council.

The COVID-19 crisis has disrupted normal operations for manyorganizations, and remote work and teleconferencing have become thenorm. In response to this shift organizations are turning to variouscommonly available or ‘one size fits all’ solutions for theircommunications and video conferencing needs. Though these tools areessential at this time, it is critical to be aware of the cybersecurity risksthey pose.

This article describes a high profile issue from early in the pandemic, andthe considerations every organization should make as a result:

https://www.bdo.ca/en-ca/insights/advisory/cybersecurity/security-and-privacy-concerns-with-video-conferencing-solutions/

CYBERSECURITY AND PRIVACY IMPLICATIONS OF OUR REMOTE-WORKING REALITY

PUBLIC SECTOR ACCOUNTING STANDARDS UPDATES

The Public Sector Accounting Board has issued a number of standards, whichwill be come effective for public sector entities over the next few years,which include:

Effective for fiscal years beginning on or after April 1, 2022 (date reviseddue to COVID-19)

· Asset Retirement Obligations· Financial Instruments Narrow Scope Adjustments

Effective for fiscal years beginning on or after April 1, 2023 (date reviseddue to COVID-19)

· Revenue

This article elaborates on the financial reporting implications to Canadianpublic sector entities: https://www.bdo.ca/en-ca/insights/assurance-accounting/psas/public-sector-accounting-standards-update-2020/

EMPLOYEE WELLNESS & TALENT RETENTION DURING COVID-19

The social restrictions, workplace disruptions and general uncertaintyof COVID-19 is having a significant impact on employee stress levels,creating negative effects on productivity and engagement. Even asrestrictions initially eased in the summer months, uncertaintyregarding a second wave and overall conclusion to this pandemiccontinued to drive increased stress. During this second wave,employees are expected to once again experience exceptional levelsof anxiety related to workplace safety, and the resulting safety oftheir loved ones.

In these articles, BDO’s Human Resources Advisory team shares a fewinsights on how to alleviate employee anxiety:

https://www.bdo.ca/en-ca/insights/advisory/human-resources/how-employee-surveys-can-help-employee-wellness/

https://www.bdo.ca/en-ca/insights/advisory/human-resources/top-4-strategies-to-retain-key-talent-during-critical-times/

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COUNCIL REPORT

FILE NO. 3900.20.4012


TITLE:

Records and Information Management Bylaw No. 4012, 2021

PREPARED BY:

Tina Babuin, Wendy Davis

DEPARTMENT:

CAO's Office

PURPOSE:

To consider first, second and third readings of the Records and Information Management Bylaw to manage municipal documents and records of the City of Cranbrook.


1. THAT Council give first reading to the Records and Information Management Bylaw No. 4012, 2021.

2. THAT Council give second reading to the Records and Information Management Bylaw No. 4012, 2021.

3. THAT Council give third reading to the Records and Information Management Bylaw No. 4012, 2021.

BACKGROUND INFORMATION: In 2006 Council endorsed the LGMA Records Management Manual for Local Government Organizations which includes a records classification guide and records retention schedule. Staff have effectively applied these principles to the corporate Records and Information Management Program to date. The backfile conversion project involving the scanning of the City's Building Permits, Planning files and Subdivision files is complete and staff training in the use of FileHold, the City's Electronic Document Management System (EDMS) has commenced. The proposed Records and Information Management Bylaw authorizes the use of both electronic and paper records and establishes the Records and Information Management Program. Requirements for electronic records used as evidence have been identified and the Records and Information Management Program ensures compliance through the auditing and verification processes. The proposed bylaw will also designate and authorize a "Designated Manager" to:

• create,maintain and manage the Records and Information Management Program Manual and Procedures Manual;

• review, manage and amend the Records Classification and Retention Schedule; • coordinate the final disposition of records in accordance with the LGMA Retention Schedule; and • audit records for the purpose of monitoring compliance and ensure quality assurance is maintained.

Attached for Council's Information is a copy of the Records and Information Management Program Manual. This Manual along with the Records and Information Procedures Manual are "living" documents which will be reviewed and updated as required. ALTERNATIVE:

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COUNCIL REPORT – RECORDS AND INFORMATION MANAGEMENT BYLAW NO. 4012, 2021 That Council not approve the Records and Information Management Bylaw as presented. BUDGETARY IMPACT: Nil POLICY IMPLICATION: The creation of a Records and Information Management Procedures Manual which will set out the process of file management. STRATEGIC PLAN ALIGNMENT: This Bylaw aligns with Council's goal of 3.2.1. Data Collection and Management, identified in the City's Strategic Plan. ATTACHMENTS: Draft Records Management Bylaw No 4012 2021_Final RIM Program Manual_2021 Approved By: Status: Marnie Dueck, City Clerk/Corporate Officer Approved - 05 May 2021 Mark Fercho, Chief Administrative Officer Approved - 05 May 2021

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4012

RECORDS AND INFORMATION MANAGEMENT BYLAW

A bylaw to establish a Records and Information Management Program to manage municipal

documents and records of the City of Cranbrook.

NOW THEREFORE The City of Cranbrook, in open meeting assembled enacts as follows:

1. TITLE

1.1 This Bylaw may be cited as the “Records and Information Management Bylaw

No. 4012, 2021”.

2. DEFINITIONS

2.1 In this bylaw,

City means the Corporation of the City of Cranbrook.

Designated Manager means the person designated and authorized to act on

behalf of the organization to manage and maintain the

Records and Information Management Program.

Record includes both paper and electronic records and includes

email, books, documents, maps, drawings, photographs,

letters, vouchers, papers and any other thing on which

information is recorded or stored by graphic, electronic,

mechanical or other means, but does not include a computer

program or any other mechanism that produces records.

Records and

Information

Management Program

means a system used by the City of Cranbrook to manage

the records of the City of Cranbrook from record creation

through to records disposal and permits the use of a paper

based or electronic recordkeeping system or a combination

of the two.

Records Retention and

Classification Schedule

means the Local Government Management Association of

British Columbia (LGMA) Records Management Manual for

Local Government Organizations as amended and updated

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Page 2 Records and Information Management Bylaw No. 4012, 2021

3. RECORDS AND INFORMATION MANAGEMENT PROGRAM ESTABLISHED

3.1 The Records and Information Management Program is hereby established and

authorized to provide for the systemic control of the creation, use, maintenance,

storage, security, retrieval, and disposition of records created or received by the

City in the conduct of its operations.

4. COMPLIANCE WITH RECORDS AND INFORMATION MANAGEMENT PROGRAM

4.1 All records in the custody and control of the employees of the City of Cranbrook

are the property of the City of Cranbrook.

4.2 All records of the City of Cranbrook created off site including those records

created through the City’s VPN (Virtual Private Network) and on non-City owned

or personal electronic devices, computers and software that relate specifically

to City business.

4.3 All records of the City of Cranbrook must comply with the Records Classification

and Retention Schedule, the Records and Information Management Program

Manual, the Records and Information Management Procedures Manual, and

this bylaw.

4.4 All employees, management, service providers and volunteers of the City of

Cranbrook must comply with this bylaw.

5. EXCLUSIONS

5.1 This bylaw does not apply to records:

(a) created or received by a member of Council, other than those records

created or received in their capacity as a member of Council;

(b) of employees that are personal in nature and do not relate to the

operations of the City and are not required for such operations;

(c) of incorporated societies, including community associations, which have

an operating agreement with the City, where such records are not in the

custody and control of the City;

(d) of the company engaged through contract to manage and operate the

Canadian Rockies International Airport, where such records are not in

the custody and control of the City;

(e) of the Cranbrook Detachment of the Royal Canadian Mounted Police

(RCMP), except those records relating to:

(i) municipal employees;

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(ii) the City’s management of its obligations under the Occupancy

Agreement between the City and the RCMP;

(iii) the City’s management of its obligations under the Municipal

Police Unit Agreement with the City;

(iv) financial and other resource management related to the upkeep

of the physical detachment and its mechanical components,

ancillary outbuildings and parking areas.

(f) of the Cranbrook Public Library, except those records relating to the

City’s obligations to support the Municipal Library under the Library Act;

5.2 This bylaw does not apply to records created or received by employees of the

City in connection with membership in a professional association or collective

bargaining unit, and not as part of their job duties.

6. DESIGNATED MANAGER

6.1 The Designated Manager is responsible for the management and maintenance

of the Records and Information Management Program.

6.2 The Designated Manager is authorized to review and amend the Records and

Information Management Program as required.

7. RECORDS AND INFORMATION MANAGEMENT PROGRAM MANUAL

7.1 The Designated Manager is authorized to create and maintain a Records and

Information Management Program Manual and a Records and Information

Management Procedure Manual.

7.2 Records of the City are created, classified, accessed, maintained and disposed

of only as provided in the Records and Information Management Program

Manual and the Records Classification and Retention Schedule.

8. INTEGRITY AND AUTHENTICITY MAINTAINED

8.1 The Records and Information Management Program must maintain the integrity

and authenticity of records made or kept in the usual and ordinary course of

business.

9. AUTHORIZATION TO AMEND

9.1 The Designated Manager is authorized to create, manage, prepare, review and

amend the Records and Information Management Program Manual.

9.2 The Designated Manager is authorized to amend the Records Classification

and Retention Schedule.

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9.3 The Designated Manager is authorized to audit records for the purpose of

monitoring compliance and ensuring quality assurance is maintained.

10. DISPOSAL ORDERED BY DESIGNATED MANAGER

10.1 When the Designated Manager determines that the retention period for a given

record described in the Records Classification and Retention Schedule has

ended, the Designated Manager shall order the record to be destroyed or

otherwise disposed of in accordance with the procedures in the Records

Retention Schedule and the Records and Information Management Program

Manual.

11. COMPLIANCE WITH LAW

11.1 The Records and Information Management Program shall comply with the

Records and Information Management Program Manual, the Records

Classification and Retention Schedule, the Records and Information

Management Procedure Manual, applicable laws and any provincial, national

or international standards adopted for use and contained in the Records and

Information Management Program Manual.

12. SEVERABILITY

12.1 If any section, subsection, paragraph, subparagraph or clause of this bylaw is

for any reason held to be invalid by the decision of any court of competent

jurisdiction, such decision does not affect the validity of the remaining portions

of this bylaw.

13. ADOPTION

Read a first time on this day of , 2021

Read a second time on this day of , 2021

Read a third time on this day of , 2021

Adopted this day of , 2021.

Mayor

City Clerk

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RECORDS & INFORMATION MANAGEMENT Program Manual

CITY OF CRANBROOK Records and Information Management

Program Manual

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RECORDS & INFORMATION MANAGEMENT PROGRAM - DRAFT

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1.0 RECORDS AND INFORMATION MANAGEMENT PROGRAM (RIM PROGRAM)

1.1 DESCRIPTION

The RIM Program is a dynamic program that adapts to the needs of the City of Cranbrook by

responding to legislative, operational and technical changes over time and is an integral part of the

Corporation’s usual and ordinary course of business.

The City of Cranbrook’s goal is to create and manage authentic, reliable and usable records that meet

legislated requirements and support business functions and activities of the City of Cranbrook.

The RIM Program includes the LGMA Records Management Manual for Local Government

Organizations (Records Classification and Retention Schedule) which defines procedures, guidelines,

disposition authorities, classification indexes and other related documents that constitute the records

management regime.

Records and Information Management Procedures Manual contained within the RIM Program, defines

a set of expectations and links the expectations to a series of practices. The Records and Information

Management Bylaw ensures that the City of Cranbrook’s business need for evidence, accountability

and information about its activities are met. Records created or received within the City of Cranbrook

are records which become evidence in courts of law and comply with legislation including but not

limited to:

• Local Government Act, [R.S.B.C. 2015] Chapter 1;

• Community Charter, [S.B.C. 2003] Chapter 26;

• Freedom of Information and Protection of Privacy Act, [R.S.B.C. 1996] Chapter 165;

• Canada Evidence Act R.S.C. 1985, cC-5;

• National Standard of Canada-Electronic Records as Documentary Evidence, CAN/CGSB-72.34-

2017; and

• LGMA Records Management Manual for Local Government Organizations, Fifth Edition, 2017.

1.2 VISION STATEMENT

To ensure appropriate access to and protection of complete, accurate and reliable records and information in all forms maintained by the City of Cranbrook.

1.3 OBJECTIVES

1. To provide the right information, to the right person at the right time at the lowest possible

cost to the organization.

2. To enable the City to meet obligations under the FOIPPA, LGMA & Community Charter and

other relevant legislation.

3. To protect the organization from risk by providing accurate protection and retention of

permanent files alongside an effective system to enable quick retrieval.

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A comprehensive RIM Program will assist the City to become less paper dependent and to move

towards a system that will reduce the time spent looking for and handling business-critical documents.

The RIM Program also allows the City to satisfy demands for higher productivity, environmental

consciousness and legal compliance.

The benefits of an RIM Program include:

• preservation of the corporate memory;

• facilitation of effective decision making;

• reduction of duplication and storage costs;

• improvement of organizational efficiency;

• management of access to corporate records; and

• support for and reduction of the costs associated with litigation.

2.0 RECORDS MANAGEMENT PROGRAM ELEMENTS

There are several elements that constitute the RIM Program including but not limited to:

2.1 RECORDS MANAGEMENT BYLAW

The RIM Program is authorized under the City of Cranbrook Records Management Bylaw No. 4012,

2021 adopted on XXXXX. The bylaw establishes the Records and Information Management Program

under the direction of the Designated Manager (RM Manager) which mandates participation in the

RIM Program. It further stipulates that the lifecycle of all City of Cranbrook records shall be managed

from creation or receipt through to final disposition only as provided by the LGMA Records

Classification and Retention Schedule.

2.2 RECORDS AND INFORMATION MANAGEMENT PROGRAM MANUAL

The Records and Information Management Program Manual describes the RIM Program and provides

the vision and guiding principles that are the foundation of the RIM Program. The program itself will

support a records system consisting of appropriate records procedures and controls that complement

business operating procedures. Elements of the Records and Information Management Program

include the: creation of the Records and Information Management Bylaw, assignment of

responsibilities, development of procedures, selection of technologies, implementation of a records

protection processes and adoption of a quality assurance program.

2.3 RECORDS AND INFORMATION MANAGEMENT PROCEDURE MANUAL

The RIM Procedures Manual identifies the required components of the RIM Program Manual, such as

procedures for making, receiving, capturing, managing, using, protecting, destroying and preserving

records through their lifecycle. The RIM Manual shall be kept up-to-date and accurately reflect the

exact nature, functions, procedures and processes of the organization’s records system (i.e. the way in

which this system participates in and supports the usual and ordinary course of business).

2.4 RECORDS CLASSIFICATION AND RETENTION SCHEDULE

In accordance with the City’s Records and Information Management Bylaw No. 4012, 2021, the City

adheres to the LGMA Records Retention and Classification Schedule as established through the LGMA

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Records Management Manual for Local Government Organizations for both physical and electronic

records. The Records Retention and Classification Schedule provides the catalogue structure and

establishes the duration of the lifecycle for each of the various record types based on the primary and

secondary values of the records. It also identifies classes of records considered vital by the corporation.

Records are organized primarily by function, secondarily by activity and then by transaction. The

classification structure is a block numeric system based on the format of the LGMA model. Retention

periods are stated as either time-based periods, which are triggered by the date past the time of file

opening, or event-based periods, which are triggered by the completion of a condition or simply event-

based periods.

2.5 ELECTRONIC DOCUMENT MANAGEMENT SYSTEM (EDMS)

Electronic documents, such as Word documents, Excel spreadsheets, PowerPoint presentations, PDF

documents, scanned images, digital photographs and in particular, e-mail, need to be managed in

accordance with the corporate standards.

Recognizing the increasing volume of unstructured records stored on the City’s computer network

system and the risk these pose to the organization, Council approved a budget request for the purpose

of initiating an electronic document management system project. Essentially, the same classification

system and retention schedule used for paper documents must be applied to the City's electronic

records. The Electronic Document Management System (EDMS) Project was initiated in 2020 and the

software FileHold was selected as the City’s EDMS.

A comprehensive RIM Program that accounts for both paper and electronic records will make it much

easier for staff to access electronic documents; will decrease duplication, reduce liability, include audit

trail information, and document version control and security. The electronic records will encompass a

verification process that ensures that the digital record is complete, accurate and able to meet the

evidential requirements.

2.6 RECORDS INFORMATION MANAGEMENT PROGRAM USER GUIDE (FileHold)

FileHold user information contained on their website, is intended to guide the RIM Program and in

particular, EDMS System users, through Records Management best practices and the practical use of

the EDMS System. The intention is to provide the necessary guidance to ensure the end-user

experience is a positive one.

2.7 FUTURE PROGRAM ELEMENTS

Future RIM Program Manual development is expected to include a quality assurance plan, creation of

an IT System Management Guide, procedures for audit trail documentation, and a RIM training plan.

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3.0 RECORDS MANAGEMENT RESPONSIBILITIES

"Each employee has an important role to play in protecting the future of the organization by creating,

using, retrieving and disposing of records in accordance with the organization's established Bylaw,

policies and procedures."

All records created or received by employees during the course of their work duties are the property of

the City and must be classified according to the LGMA RM Classification and Retention Schedule. It is

duly recognized that the management of corporate records and information is a collaborative process

that involves all City of Cranbrook employees.

Records Management roles and responsibilities are defined as follows:

3.1 RECORDS MANAGEMENT MANAGER (RM MANAGER)

The RM Manager is the Designated Manager established under the City’s Records and Information

Management Bylaw No. 4012, 2021 and is accountable for the practice and adherence of the RIM

Program and the EDMS vision in the City of Cranbrook. Coordination and supervision responsibilities

can be delegated to one or more staff members that have the identified training, skills and capabilities.

The selection or delegation of the RM Manager is a critical success factor in embracing and

implementing both paper and EDMS practices in the usual and ordinary course of business. The

responsibilities include but are not limited to the following:

• Identify and implement the requirements for records creation, management, use, destruction

and preservation;

• Review and initiate any classification or retention changes if required, based on the business

need;

• Review EDMS compliance audit reports and escalate issues or concerns to the appropriate

authority within the organization;

• Initiate records disposal procedure and authorize records destruction or other disposal

method, in accordance with the procedures in the Records Classification and Retention

Schedule and the RIM Procedure Manual;

• Suspend the destruction or transfer of records subject to legal hold, organizational or

government review or audit;

• Maintain and amend the RIM Procedure Manual;

• Ensure quality assurance measures and processes are fulfilled. These measures include

performance, compliance monitoring, self-assessments, external audits, incident handling,

documenting and certifying that all RIM duties are fulfilled; and

• Provide EDMS education and training to the Records Management Team.

3.2 RECORDS MANAGEMENT LEADERSHIP TEAM (RMLT)

The RMLT is comprised of the City’s Chief Administrative Officer (CAO) and Department Directors. The

role of the Leadership Team is to provide executive support to the Records Management Team (RMT)

by designating members from their work areas and encouraging staff compliance with the RIM

Program.

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3.3 DIRECTORS AND MANAGERS

Directors and Managers have overall responsibility for active records and information management in

their departments. Active records and information management is administered in a decentralized

format, therefore within each separate department. Management responsibilities include:

• Oversight of the creation and receipt of documents, records and information;

• Oversight of the maintenance of active file systems;

• Adherence to RIM Program procedures, including the classification and retention of records

within their department in accordance with the current Records Classification and Retention

Schedule;

• Ensuring the department's file equipment and supplies meet RIM Program standards, including

implementation of vital records protection methods;

• Recommending changes on records classification and retention to the RM Manager; and

• Reviewing and signing Annual Records Destruction Authorization Forms.

3.4 RECORDS MANAGEMENT TEAM (RMT)

The RIM Program is supported by the Records Management contacts in each department throughout

the City, who, in liaison with the RM Manager, form the Records Management Team (RMT). The RMT

are trained in Records Management best practices according to the standards and procedures of the

RIM Program and are available to assist all employees in understanding and using the RIM Program.

This team member will assume the role of Super User and be the liaison between the department

members and the RM Manager. Specifically, they will:

• Provide first line of support, guidance and training to co-workers regarding the classifications,

keywords, metadata and corporate naming conventions, etc. i.e. proper use of the EDMS

(FileHold);

• Provide paper and EDMS education and training to new staff members in their respective

departments;

• Work with the RM Manager to solve problems and/or concerns;

• Prepare the City’s semi-active and archived records for storage in accordance with the Records

Management Classification and Retention Schedule;

• Ensure the required verification process is performed for the Electronic records and initiate

workflow for file closure; and

• Positively influence and provide corporate perspective and support the RIM Program vision

and mandate.

3.5 INFORMATION TECHNOLOGY DIVISION (IT)

The Information Technology Division coordinates the use and maintenance of technology across the

City of Cranbrook, including networks, databases, and stand-alone applications. IS provides the

infrastructure necessary to ensure staff has access to the EDMS and departments can classify,

maintain, access and dispose of electronic records and information according to the RIM Program. Key

deliverables and responsibilities of the IS department will be identified within the future IT System

Management Guide. The Information Technology staff will work closely with the Records Management

Manager to integrate records management into the corporation’s usual and ordinary course of

business, maintain integration and comply with quality assurance and auditing requirements.

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3.6 ALL CITY OF CRANBROOK EMPLOYEES

All employees are responsible for either managing or ensuring that the documents they create or receive are managed, appropriately. This includes the timely and proper identification and classification of corporate records, the storage of those records in the appropriate systems and regular identification and destruction of transitory records. Responsibility for document classification and file closure within the EDMS may be delegated, for example, to the department’s Records Management Team member.

In accordance with Records and Information Management Bylaw, all records in the custody and control of employees of the City, which are created or received in the context of their functional responsibilities, are the property of the City. As such, when an employee leaves the City, the records will remain with the City and shall not be removed by the departing staff.

4.0 WHAT IS A RECORD?

4.1 OFFICIAL RECORDS

• Decisions informing the municipality or others about the evolution of the municipalities

programs, policies or enactments;

• Decisions protecting the legal or financial rights or obligations of the municipality; such as any

person, group of persons, government or organization that is directly and materially affected

by the decision;

• Decisions facilitating the municipalities accountability for its decisions, including through

internal or external evaluation, audit or review.

Official records contain information about business decisions, activities or transactions as direct

evidence or in support of (i.e., provides context to decisions, activities, and transactions). A record

includes both paper and electronic records and includes email, books, documents, maps, drawings,

photographs, letters, vouchers, papers and any other thing on which information is recorded or stored

by graphic, electronic, mechanical or other means, but does not include a computer program or any

other mechanism that produces records. All recorded or stored information received or created by the

municipality are municipal records.

Government bodies must create and maintain adequate

records of their decisions to meet their obligations

under the Information Management Act. If your drafts

contain important decisions, they must be retained.

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As a BC public body, the municipality must comply with various legislative definitions of "record",

including the Freedom of Information and Protection of Personal Privacy Act (FOIPPA).

The municipality requires a variety of records management practices which enables it to keep

information of enduring value, while effectively weeding out information of little or short-term value

and non-business information. The City refers to the Local Government Management Association

(LGMA) Records Management Manual for Local Government Organizations standards for records

retention and classification.

The following diagrams depict the processes for determining a record, when email is a record and the

process for filing incoming mail.

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• All emails that pertain to the business of the City, except transitory emails. Transitory can

be deleted when they are no longer needed.

• You must not delete any emails which may be responsive to an active FOI request or

request for legal discovery.

• You should save emails that document an important City decision.

4.2 TRANSITORY RECORDS

Transitory records contain information which is only needed for a short while, usually to complete an immediate task. If information becomes obsolete when an updated version is created, or, exact copies of existing information are made for “personal” working files as reference materials―these are considered transitory records. Working papers―rough notes, outlines, some research and minor drafts which are summarized in other “official” records can be transitory records. Marketing information and brochures are also transitory records.

Some working papers, including research and significant drafts (referred to as major drafts) contain

important context to business decisions, activities or transactions―these should be filed with the

official records they relate to. For example, often significant drafts for agreements, policies and bylaws

are important to retain.

4.3 ARCHIVAL RECORDS

These records will often be of permanent, enduring value. They also need to be de-cluttered and

captured into official record-keeping systems (same as active and semi-active records.) Examples

include:

• Administration changes: i.e. policies, procedures, standards; protocol and relations;

strategic organizational planning and performance;

• Audits, reviews and investigations: i.e. Ombudsman matters, Office of Privacy

Commissioner investigations;

• Awards and benchmarks;

• Community development and planning;

• Financial accountability: i.e. audits, budgets and projects, donations, financial statements,

taxation assessments, taxes collected on individual properties;

• Historical events and celebrations;

• Governance matters: i.e. boards, committees, councils, taskforces records and

proceedings; bylaw development;

• Intellectual and identity: i.e. patents, trademarks, articles, corporate branding, visual

identity, flags, emblems, etc.;

• Legal matters: i.e. agreements, contracts, leases, legal opinions, litigation, covenants,

easements, right-of-ways; other negotiations;

• Municipal corporations and subsidiaries;

• Regulatory matters: i.e. regulations, permits, inspections, licenses (not dog or marriage).

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5.0 RECORD LIFECYCLE

How records are managed throughout their life cycle is formalized into the procedures and practices of the RIM Program. The records lifecycle consists of discrete systematic phases covering the life span of a record from its creation to its final disposition.

5.1 CAPTURE

Records can be created by various means or received from external sources; in any case the process

can be referred to as ‘capture’ – the information is captured by the RIM Program for management and

handled during the ‘active’ phase of the lifecycle in accordance with RIM Program procedures.

5.2 CITY OF CRANBROOK (CITY)

Records are created and captured by the City at an impressive rate as it conducts the business of the organization. The filing of physical records and the metadata associated with electronic records links documents into a sequence that connects records and provides contextual information that is valuable in creating a chain of evidence throughout all phases of the lifecycle. City of Cranbrook records are assigned a Records Management Index Classification which groups like records into a standardized file structure for context and retention purposes.

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Throughout the records lifecycle the emphasis is on the ability to find and retrieve information, staff

efficiency, service to citizens and compliance with law and regulations. File maintenance may be

carried out by the owner, designate, a records repository or administrative staff.

5.3 ACTIVE

Active records are defined as those records created and/or received during that phase of the lifecycle

that they are being used by staff on a daily, weekly or monthly basis for work and reference to perform

current operations. These records are usually located near or easily accessible to the user.

5.4 DISTRIBUTION AND USE

Records are kept in files that are required for current use by the City; these files are often referred to as “open” files to which new information may be added as a result of related ongoing transactions. New versions and records are added to files during this phase. RIM Program components including the Records Classification and Retention Schedule, procedures, filing naming conventions, use of terminology and use of appropriate filing supplies/equipment all play a role in ensuring ease of access to, maintenance and use of records. In particular, the Records Classification and Retention Schedule establishes the duration of the lifecycle for specific record types based on primary and secondary values of the records. The Records Classification and Retention Schedule describes primary values as those associated with the reasons why the records are created and used, including administrative or operational values, financial and/or legal values. Secondary values are described as those that outlive the primary values such as research or enduring historic or archival value. Controls are triggered to regulate records access and distribution, including physical or electronic

security which may limit and/or control access to approved users. Policies and procedures may identify

official records, versions and/or copies created for convenient access.

5.5 STORAGE

Just as the records of the City come in a variety of formats, the storage of records can vary throughout the City depending on the physical properties of the records. Records should be stored on media that ensure their usability, reliability, authenticity and preservation for as long as they are needed. The storage environment should be designed to protect records from unauthorized access, loss, destruction, theft or disaster. Storage may be located in a centralized location, such as Public Works, decentralized across various departments and locations within the entity, or some combination thereof depending on the phase of the lifecycle. The existence of a searchable electronic file tracking system, such as the EDMS or FileHold is invaluable to locating active, semi-active and archived records managed within the RIM Program.

5.6 SEMI-ACTIVE OR ARCHIVED

Semi-active records are defined as records that are no longer needed to conduct day-to-day business but need to be preserved until they reach the end of the retention period as established by the Records Classification and Retention Schedule. Storage of semi-active records at a safe, secure and off-

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site location (Public Works Records Storage Area) ensures that semi-active records can be accessed on a periodic basis as required. The City’s semi-active records are ‘archived’ in accordance with the Records Management Classification and Retention Schedule and they may hold business, legal, fiscal or historical value in the future. Semi-active records may be retained for a short or permanent duration to satisfy regulatory, audit or secondary values.

5.7 FINAL DISPOSITION

The movement of records through the lifecycle process improves operational efficiency, assists in consistent record disposition, ensures compliance with legal and regulatory retention requirements and reduces space requirements which can result in significant cost savings. Records disposition occurs on a planned and routine basis, as part of the usual and ordinary course of business. An annual destruction process is carried out to ensure that the destruction process is controlled, appropriately authorized and creditable. Records disposition actions include the following activities:

• Physical destruction (including the overwriting or deletion of electronic records, or shredding of paper records);

• Transfer to a storage medium as authorized by the RM Manager and IS Manager; and

• Transfer to off-site RM storage facility (Public Works Records Storage Area) in the event of Permanent retention.

Once the life of a record has been satisfied according to its predetermined retention period and there are no legal holds pending, it is authorized for final disposition, which may include destruction, transfer, or permanent retention. When records are destroyed, Records Destruction Certificates are signed off by the RM Manager, Department Director and contracted service providers. The Records Destruction Certificates are permanently retained in support of the chain of evidence.

5.8 PERMANENT RETENTION

Archiving is the permanent storage and preservation of records that are identified as having a permanent value to the organization. It is the nature of the records created by local government that many records such as, bylaws and policies, minutes and proceedings of council and committees, property records and civic infrastructure records must be retained permanently. These types of records are required long-term. Throughout the records life cycle, issues such as security, privacy, disaster recovery, emerging technologies, and reorganizations are addressed to ensure that RIM Program methodology, principles and best practices are developed in compliance with records and information laws and regulations.

5.9 RECORDS CONVERSION

The City recognizes that many historical and archived records have been maintained in their physical form which may have jeopardized their longevity. Records were also created and archived in their physical form because no other options existed. The conversion of these records is an integral part of the RIM Program.

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COUNCIL REPORT

FILE NO. 1970.02


TITLE:

Cranbrook 2021 Tax Rates Bylaw 4040, 2021

PREPARED BY:

Charlotte Osborne

DEPARTMENT:

Finance

PURPOSE:

To present the 2021 Cranbrook Tax Rates Bylaw to Council for three readings and adoption


1. That Council give first reading to "Cranbrook Tax Rates Bylaw No. 4040,2021".

2. That Council give second reading to "Cranbrook Tax Rates Bylaw No. 4040, 2021".

3. That Council give third reading to "Cranbrook Tax Rates Bylaw No. 4040, 2021:"

4. That Council adopt “Cranbrook Tax Rates Bylaw No. 4040, 2021.”

BACKGROUND INFORMATION: See attached memorandum dated May 3, 2021 from C. Osborne. Ministerial Order No. M192, allows Council to adopt the annual property tax bylaw on the same day that the bylaw has been given third reading. ALTERNATIVE: Nil BUDGETARY IMPACT: The tax rates proposed by this Bylaw will raise the $ 29,374,520 in general municipal property taxes required by the City of Cranbrook 2021-2025 Five Year Financial Plan. The 2021 tax levy represents an increase of $665,265 over 2020 (2.35% after adjusting for budgeted non-market change of $350,000 [2020 actual - $300,625l]). POLICY IMPLICATION: Bylaw No. 4040, 2021 must be adopted before May 15, 2021 (s. 197 of the Community Charter) STRATEGIC PLAN ALIGNMENT: Financial Sustainability: To maintain the ability to deliver services and programs efficiently. The 2021 tax rates achieve stability in the the distribution of the tax levy across the classes. ATTACHMENTS: Memo to Council - Tax Rates - May 3, 2021 Bylaw 4040 - 2021 Tax Rate Bylaw

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COUNCIL REPORT – CRANBROOK 2021 TAX RATES BYLAW 4040, 2021 Schedule A - Bylaw Approved By: Status: Charlotte Osborne, Director of Finance Approved - 04 May 2021 Marnie Dueck, City Clerk/Corporate Officer Approved - 04 May 2021 Mark Fercho, Chief Administrative Officer Approved - 05 May 2021

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…/continued Page 2

Memorandum

Phone: Toll Free:

Facsimile:

(250) 426-4211 (800) 728-2726

(250) 426-4026

WWW.CRANBROOK.CA THE CITY OF CRANBROOK 40-10th Avenue South Cranbrook, BC V1C 2M8

To: Mayor and Council Date: May 3, 2021

Department: Phone:

From: C. Osborne File Number:

Department: Finance Phone:

URGENT PLEASE REVIEW FOR YOUR INFORMATION AND REPLY

RE: 2021 City of Cranbrook Tax Rates Bylaw Per the 2021 – 2025 Five Year Financial Plan, the tax levy for 2021 is $29,374,520. After a budgeted non-market change of $350,000, this reflects an overall property tax levy increase of 2.35%. The general increase of 1.35% ($381,700) represents inflationary pressures on operating costs. The additional 1% ($283,600) road dedicated tax results in a total of $2,787,800 available for capital works road projects in 2021. At the April 26, 2021 regular meeting, Council directed staff to bring back a tax rate bylaw with a general municipal tax levy distribution of roughly 62% residential class and 35% business class with a general municipal tax increase to the residential class of 2.35%.

Cranbrook Tax Rates Bylaw No. 4040, 2021 establishes the following tax rates for 2021:

Property Class General

Municipal Tax

Regional Hospital District

Regional District

Class 1 - Residential 6.97 0.32 0.16 Class 2 - Utilities 47.74 1.12 1.10 Class 5 - Light Industry 19.79 1.09 0.46 Class 6 - Business / Other 19.10 0.78 0.44 Class 8 - Recreation / Non-Profit 17.70 0.32 0.41 Class 9 - Farm 27.87 0.32 0.64

Tax rates are expressed as a rate per $1,000 of assessed value.

X

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Memorandum

Phone: Toll Free:

Facsimile:

(250) 426-4211 (800) 728-2726

(250) 426-4026


Based on the general municipal tax rates, distribution of the municipal tax levy is as follows:

Property Class 2021 Taxes 2021

Distribution 2020

Distribution

Class 1 - Residential $18,180,693 62.0% 61.0% Class 2 - Utilities 407,367 1.4% 1.4% Class 5 - Light Industry 393,161 1.3% 1.2% Class 6 - Business / Other 10,312,140 35.0% 36.0% Class 8 - Recreation / Non-Profit 79,959 0.3% 0.4% Class 9 - Farm 1,200 - -

$29,374,520 100% 100% Impact on Residential Class – Municipal Tax:

In Cranbrook, the 2021 residential class average assessed value increased 5.548%. This increase is not representative of all the properties within the class. Some neighbourhoods have seen their assessed values rise while the assessed values of other properties have declined. Upgrades as well as repairs and maintenance done to a property may increase its value above similar neighbouring properties. Location and overall neighbourhood improvements can also affect values. Based on the average increase, a residential property assessed at $300,000 in 2020 would have an assessed value of approximately $316,644 in 2021.

Property Class 2020

Assessment 2021

Assessment

Average Assessment

Value Change

Class 1 - Residential 300,000 316,644 5.548%

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Memorandum

Phone: Toll Free:

Facsimile:

(250) 426-4211 (800) 728-2726

(250) 426-4026


Assuming the average increase in assessed value, property taxes in 2021, with comparative amounts for 2020, will be:

Property Class Assessment Tax Rate General

Municipal Tax

Class 1 - Residential

2021 $316,644 6.9669 $2,206.03 2020 300,000 7.1848 2,155.44

Tax Increase ($) $50.59 Tax Increase (%) 2.35%

The general municipal property tax increase (excludes school and other non-city property taxes) for a residential property in 2021 will be approximately 2.35% unless the property’s assessed value increased or decreased by more than the average increase of 5.548% for the class.

The calculations are based on gross property taxes before the Provincial Home Owner Grant and do not include parcel taxes, local service area tax or City utilities.

Impact on Business Class – Municipal Tax:

In Cranbrook, the 2021 business class average assessed value increased 1.307%.

As is the case with residential properties, the average increase is not representative of all the properties within the class. Upgrades are likely to increase the value of a property. Zoning changes can also affect values

Based on the average increase, a business class property assessed at $500,000 in 2020 would have an assessed value of approximately $506,533 in 2021.

Property Class

2020 Assessment

2021 Assessment

Average Assessment

Value Change

Class 6 - Business / Other 500,000 506,533 1.307%

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Memorandum

Phone: Toll Free:

Facsimile:

(250) 426-4211 (800) 728-2726

(250) 426-4026


Assuming the average increase in assessed value, property taxes in 2021, with comparative amounts for 2020, will be:

Property Class

Assessment Tax Rate

Average Assessment

Value Change

Class 6 - Business / Other

2021 $506,535 19.0962 $9,672.89 2020 500,000 19.1331 $9,566.55

Tax Increase ($) $106.34 Tax Increase (%) 1.11%

Taxes Collected for Other Public Authorities

In addition to collecting general municipal taxes to fund the many services that the City provides, the City also collects taxes for other public authorities:

• Ministry of Finance (School Tax)

• BC Assessment Authority (BCAA)

• Regional District of East Kootenay (RDEK)

• Kootenay East Regional Hospital District (KERHD)

Ministry of Finance (School Taxes) Residential and Non-residential (utilities, commercial properties, and farms) school tax rates are developed by the Province. In 2020, the Province announced reductions to the commercial school tax rates for 2020. In Cranbrook, the reductions apply to Class 5 (light industry), Class 6 (business and other), and Class 8 (Recreation/Non-Profit). This resulted in school tax reductions of approximately 50% to each of those classes. For 2021, the Province’s school tax rates have returned to pre-pandemic levels.

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Memorandum

Phone: Toll Free:

Facsimile:

(250) 426-4211 (800) 728-2726

(250) 426-4026


The following table illustrates the fluctuations in the school tax rates from 2019 through to 2021 particularly as they pertain to the light industry, business, and recreation/non-profit classes.

2021 2020 2019

School Tax Rates

Class 1 - Residential 2.0119 2.1029 2.1221 Class 2 - Utilities 12.860 13.030 13.2000 Class 5 - Light Industry 3.8600 1.0561 3.7000 Class 6 - Business / Other 3.8600 1.1070 3.7000 Class 8 - Recreation / Non-Profit 2.3300 0.7844 3.7000 Class 9 - Farm 6.9100 7.0500 7.1000

BC Assessment Authority BC Assessment rates are established through a Bylaw in accordance with section 17 (2) of the Assessment Authority Act.

RDEK and KERHD

In 2021, the City will remit $678,163 (2020 - $667,211) to the Regional District and $1,306,782 (2020 - $919,987) to the Hospital District. The rates for these requisitions are developed based on the same municipal multiples used to develop the City’s general tax rates and become part of the City’s annual Tax Rate Bylaw.

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Memorandum

Phone: Toll Free:

Facsimile:

(250) 426-4211 (800) 728-2726

(250) 426-4026


Impact on Residential & Business Classes – All Property Value Taxes

Property Class Taxes Change

2021 2020 $ %

Class 1 - Residential 2021 Assessed Value: $316,644 General Municipal Property Tax $2,206.03 $2,155.44 $50.59 2.35%

School Tax 637.00 631.00 6.00 1.00% RDEK 52.00 51.50 0.50 1.00% KERHD 101.00 71.00 30.00 42.00% BCAA 13.00 12.80 0.20 1.50%

TOTAL $3,009.03 $2,921.74 $87.29 2.99%

Property Class Taxes Change

2021 2020 $ %

Class 6 - Business 2021 Assessed Value: $506,533

General Municipal Property Tax $9,672.83 $9,566.55 $ 106.28 1.11% School Tax 1,955.22 553.50 1,401.72 253.25%

RDEK 223.47 224.60 (1.13) (0.50%) KERHD 396.64 291.20 105.44 36.21% BCAA 57.59 54.95 2.64 4.81%

TOTAL $12,305.75 $10,690.80 $ 1,614.95 15.11%

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4040 CRANBROOK TAX RATES The Municipal Council of the Corporation of the City of Cranbrook, in open meeting assembled, enacts as follows: 1. THAT the following rates are hereby imposed and levied for the year 2021:

(a) For all lawful general purposes of the Municipality on the assessed value of land and improvements taxable for general Municipal purposes, rates appearing in Column “A” of the schedule attached hereto and forming part of this bylaw.

(b) For hospital purposes on the assessed value of land and improvements taxable

for regional hospital district purposes, rates appearing in Column “B” of the schedule attached hereto and forming part of this bylaw.

(c) For purposes of the Regional District of East Kootenay on the assessed value of

the land and improvements taxable for general Municipal purposes, rates appearing in Column “C” of the schedule attached hereto and forming part of this bylaw.

2. THAT this bylaw may be cited as “Cranbrook Tax Rates Bylaw No. 4040, 2021”. Read a first time this ___ day of May, 2021. Read a second time this ___ day of May, 2021. Read a third time this ___ day of May, 2021. Adopted this ___ day of May, 2021 ______________________________________ Mayor ______________________________________ City Clerk

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PAGE 2 BYLAW NO. 4040

(A) (B) (C)

Regional

Property General Hospital Regional

Class Municipal District District

1. Residential 6.9669 0.3196 0.1610

2. Utilities 47.7404 1.1186 1.1031

3. Supportive Housing 0.0000 0.0000 0.0000

4. Major Industry 0.0000 0.0000 0.0000

5. Light Industry 19.7929 1.0867 0.4574

6. Business/Other 19.0962 0.7830 0.4413

8. Recreation/Non Profit 17.7028 0.3196 0.4091

9. Farm 27.8675 0.3196 0.6439

SCHEDULE A

TO ACCOMPANY BYLAW NO. 4040, 2021

TAX RATES (DOLLARS OF TAX PER $1000 TAXABLE VALUE)

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COUNCIL REPORT

FILE NO. 3900.20.3907


TITLE:

Airport Parking and Business Control Amendment Bylaw No. 4041, 2021 - Adopt

PREPARED BY:

Charlotte Osborne

DEPARTMENT:

Finance

PURPOSE:

To present Airport Parking and Business Control Amendment Bylaw No. 4041, 2021 for adoption.


That Council adopt Airport Parking and Business Control Amendment Bylaw No. 4041, 2021.

BACKGROUND INFORMATION: On April 26, 2021 Council gave three readings to Airport Parking and Business Control Amendment Bylaw No. 4041, 2021. The amendment Bylaw updates certain fees and corrects a typographical error. Schedule C - CRIA Aviation Fees & Charges - correcting a typographical error 1. General Terminal Charges

Number of Seats: 46 - 60 Domestic Fee/Charge: $17.68 - should be $117.68

5. Passenger Fee - increase from $7.75 to $9.00 per enplaned/deplaned passenger for scheduled traffic.

During Q4 of 2019, YXC consulted with the Airline Consultative Committee (ACC) for approval of changes to the passenger fee and AIF as represented in the Airport Business Plan. Air Canada, Westjet and Pacific Coastal Airlines agreed to the changes which included a reduction of the AIF from $4.00 to $2.00 (now at $3.00 as per request of the ACC) and an increase of the passenger fee from $7.75 to $9.00. There had not been an adjustment to the passenger fee in more than twelve years. Fee change implementation dates were provided with required notice to the air carriers as per the AIF MOA and the Air Operators Agreement. Fees and charges to commercial air carriers at YXC remain some of the lowest in the nation, giving us a competitive advantage to retain and secure new air service, while maximizing the likelihood of service sustaining yields for our air service providers.

ALTERNATIVE: Nil

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COUNCIL REPORT – AIRPORT PARKING AND BUSINESS CONTROL AMENDMENT BYLAW NO. 4041, 2021 - ADOPT

BUDGETARY IMPACT: The 2021 - 2025 Five Year Financial Plan was developed using the $9.00 per passenger fee. POLICY IMPLICATION: nil STRATEGIC PLAN ALIGNMENT: 3.1.3 Financial Sustainability - to Maintain the ability to deliver services and programs efficiently - Regular review and updating of fees allows service delivery standards to be maintained. ATTACHMENTS: 4041, 2021 Airport Parking and Business Control Amendment Bylaw SCHEDULE C AIRPORT PARKING CONTROL BYLAW_4041 2021 Approved By: Status: Charlotte Osborne, Director of Finance Approved - 03 May 2021 Marnie Dueck, City Clerk/Corporate Officer Approved - 04 May 2021 Mark Fercho, Chief Administrative Officer Approved - 05 May 2021

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4041

AIRPORT PARKING AND BUSINESS CONTROL AMENDMENT BYLAW

A bylaw to provide for the amendment of the “Airport Parking and Business Control Bylaw No. 3907, 2017”. The Municipal Council of the Corporation of the City of Cranbrook, enacts as follows: 1. THAT this bylaw may be cited as the “Airport Parking and Business Control Amendment

Bylaw No. 4041, 2021”. 2. THAT the Airport Parking and Business Control Bylaw No. 3907, 2017, shall hereby be

amended as follows:

(a) That Schedule C be removed in its entirety and replaced with the attached Schedule C.

Read a first time this day of 2021.

Read a second time this day of 2021.

Read a third time this day of 2021.

Adopted this day of 2021.

__________________________________ Mayor __________________________________ City Clerk

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SCHEDULE C

CRIA Aviation Fees & Charges (plus GST) 1. General Terminal Charges

Number of Seats Domestic Fee /

Charge International Fee

/Charge

0-9 $ 15.30 $ 35.40

10-15 $ 30.52 $ 70.79

16-25 $ 47.00 $ 108.92

26-45 $ 84.40 $ 190.81

46-60 $ 117.68 $ 332.59

61-89 $ 188.40 $ 436.26

90-125 $ 259.18 $ 599.92

126-150 $ 306.26 $ 708.95

151-200 $ 424.06 $ 981.66

201-250 $ 553.75 $ 1,281.72

251-300 $ 683.34 $ 1,581.58

301-400 $ 812.92 $ 1,881.55

> 401 $ 1,001.37 $ 2,317.81

2. Landing Fees

Landing fees apply to all Jet and Turbo Prop Aircraft. Piston Engine Aircraft are exempt.

Maximum Take-off Weight

Domestic Per 1000 kg

International Per 1000 kg

Min. Fee for Jet/Turbo prop $ 14.66 $ 15.10

Up to 21,000 kg $ 4.18

21,000 kg – 45,000 kg $ 5.28

> 45,000 kg $ 6.28

< 30,000 kg $ 5.43

30,000 kg – 70,000 kg $ 6.67

> 70,000 kg $ 9.23

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SCHEDULE C (CONTINUED)

3. Aircraft Parking Fees

Daily fee charged after six (6) continuous hours.

Aircraft Maximum Take-off Weight

Daily Fee Monthly Fee Annual Fee

Up to 2,000 kg $ 7.33 $ 58.88 $ 372.30

2,000-5,000 $ 7.33 $ 58.88 $ 446.73

5,000-10,000 $ 12.98 $ 263.21

10,000-30,000 $ 24.01 $ 489.68

30,000-60,000 $ 37.20 $ 753.50

60,000-100,000 $ 56.15 $ 1,130.66

100,000-200,000 $ 93.88 $ 1,884.54

200,000-300,000 $ 131.15 $ 2,638.10

More than 300,000 $ 169.26 $ 3,392.30

4. Aircraft Plug-in Fees

Airport electrical system Plug in (minimum) $10.00 per day

GPU Electrical Consumption based on monthly meter reading as per BC Hydro rates

De-icing machine Plug in $5.00 per day

5. Passenger Fee

$9.00 per enplaned/deplaned passenger for scheduled traffic. This fee is in lieu of landing fees and terminal charges.

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COUNCIL REPORT

FILE NO. 3360.20.2104


TITLE:

Official Community Plan Amendment Bylaw No. 4042, 2021 - St Mary Neighbourhood Plan/Wycliffe Park Road

PREPARED BY:

Rob Veg

DEPARTMENT:

Engineering and Development Services

PURPOSE:

To consider first reading and public consultation of a proposed amendment to the City's OCP that will remove four properties from the St. Mary Neighbourhood Plan (Shadow Mountain).

REQUEST FOR DECISION BY COUNCIL

THAT Council give first reading to "City of Cranbrook Official Community Plan Amendment Bylaw No. 4042, 2021" and authorize staff to undertake public consultation on the proposed amendment.

BACKGROUND INFORMATION: The City has received an application by the Zauggs, the Barretts, the Frances and the Browns (4 properties) to amend the City's Official Community Plan. The applicants are requesting to have their properties removed from the St. Mary Neighbourhood Plan area. The four parcels are located on Wycliffe Park Road and not part of the Shadow Mountain strata development or the Home Owner's Association. The parcels involved are legally described as Parcel A (See 111741I) District Lot 11040 Kootenay District Except Plans 9240 and EPP3166 and Lots 1-3, District Lot 7929 Kootenay District Plan NEP19808, as shown on the attached location map. In the attached letter the applicants note that Shadow Mountain has had multiple owners and have also met with the newest owners who have stated they have no interest in developing the properties along Wycliffe Park Road and would support the applicants' request to be removed from the neighbourhood plan area. Included with the application was a letter from J.W. Valentine (partner in 1244638BC, owners of Shadow Mountain) indicating no interest in developing the subject properties. Proposed OCP Amendment OCP Amendment Bylaw No. 4042 will:

1. change the land use designation of Parcel A from “Comprehensive Development” to “Low Density Residential”, and

2. remove the properties shown on the map below from the St. Mary Neighbourhood Plan and replace Appendix Maps 1, 4, 5-8 with updated appendix maps reflecting removal of the lots from the plan area.

The maps included in the amendment are as follows:

• Appendix 1 Conceptual Development Plan • Appendix 4 Conceptual Circulation Plan • Appendix 5 Road Network Plan • Appendix 6 Water Distribution Concept Plan • Appendix 7 Sanitary Concept Plan • Appendix 8 Proposed Phasing of Shadow Mountain Strata

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COUNCIL REPORT – OFFICIAL COMMUNITY PLAN AMENDMENT BYLAW NO. 4042, 2021 - ST MARY NEIGHBOURHOOD PLAN/WYCLIFFE PARK ROAD

Staff Comments The St Mary Neighbourhood Plan was adopted into the OCP in 2008 after the lands came into the City. At that time, in addition to the main development, a number of properties were included into various concept plan maps which are attached to this report labelled "Current". The St. Mary Neighbourhood Plan is a comprehensive plan that encompasses the both the golf course and development lands on both the East and West sides of Highway 95A and a few properties on Wycliffe Park Road and Parnaby Road. Since the original inception, the ownership of the development has changed hands a number of times affecting the overall development and build out. Currently there are two major owners (one on East side, one on West side) in addition to home/lot owners and smaller development parcel owners. Staff has been in contact with the applicants over the last few years discussing their potential role, if any, in the development. As indicated above, the lands in this application are not part of the Strata or Home Owner's Association; however, certain elements of the original conceptual plan were overlaid on the subject properties which affects and limits their potential as anything proposed would need to be in keeping with the neighbourhood plan. These included conceptual circulation plan, road network, trails and utilities. Maps attached to this report are marked "Current" show what is included today, and the proposed amended Appendix maps are attached to the draft OCP Bylaw. It is anticipated as each ownership group moves forward with their plans, additional substantial changes to the neighbourhood plan may be required due to the fractured ownership and independent plans. Given that a letter was received from a partner in the ownership group advising they have no interest in developing the property, staff does not have any significant concerns with the requested amendments. It is noted that "secondary road" and "emergency" accesses to the development are shown to go through the subject properties in the OCP maps; however, these properties are privately owned and have no interest in the development nor have any of the previous or current owners indicated interest in acquiring the rights-of-way. Staff acknowledges it would be very difficult to enforce the requirements on the land owners (unless they develop) and as previously mentioned, none of the development owners up to now have made any effort to try and acquire the properties or proposed access routes. Should future access to lands within the development become an issue, the developers of Shadow Mountain may have to find alternative access options. Pending Council giving the bylaw first reading, the amendment will be advertised in the local newspaper and notice of the proposed change will be mailed to adjacent owners/occupiers as part of the required consultation process. ALTERNATIVE: That Council not give first reading to "City of Cranbrook Official Community Plan Amendment Bylaw No. 4042, 2021". BUDGETARY IMPACT: Nil POLICY IMPLICATION: Nil STRATEGIC PLAN ALIGNMENT: Nil.

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COUNCIL REPORT – OFFICIAL COMMUNITY PLAN AMENDMENT BYLAW NO. 4042, 2021 - ST MARY NEIGHBOURHOOD PLAN/WYCLIFFE PARK ROAD

ATTACHMENTS: Location Map letters current maps OCP Bylaw 4042 Approved By: Status: Ron Fraser, Director of Engineering and Development Services

Approved - 06 May 2021

Marnie Dueck, City Clerk/Corporate Officer Approved - 06 May 2021 Mark Fercho, Chief Administrative Officer Approved - 06 May 2021

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DISCLAIMER:This map is for general purposes only. The City of Cranbrook makes no warranties regarding the accuracy of the suitability of the map for any purpose. This map is not for navigation or legal purposes. The City of Cranbrook will not be liable for any damage, loss or injury resulting from the use of the map or information on the map and the map may be changed at any time.

Date: Contact:

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Location Map

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C eptual D_velop- P Appendix 1St Mary M ighbourhood

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Conceptual cir,

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COUNCIL REPORT

FILE NO. 3900.20.4044


TITLE:

Streets, Traffic and Parking Bylaw No. 4044, 2021

PREPARED BY:

Paul Heywood, Wendy Davis

DEPARTMENT:


PURPOSE:

To seek Council approval on the proposed Streets, Traffic and Parking Bylaw which regulates traffic, parking and the use of streets and highways within the City of Cranbrook.


1. THAT Council give first reading to the Streets, Traffic and Parking Bylaw No. 4044, 2021

2. THAT Council give second reading to the Streets, Traffic and Parking Bylaw No. 4044, 2021

3. THAT Council give third reading to the Streets, Traffic and Parking Bylaw No. 4044, 2021

BACKGROUND INFORMATION: As part of the City's ongoing review of it's Policies and Bylaws, staff have identified the requirement of an updated Streets, Traffic and Parking Bylaw. The proposed Bylaw will repeal and combine the former Streets and Traffic Bylaw and the Parking Meter Bylaw which were created in 1991. This Bylaw update is required in order for many important updates and changes to be implemented. The proposed Streets, Traffic and Parking Bylaw underwent a legal review with the City's Solicitors and staff conducted extensive research with other municipalities and City departments regarding the changes proposed. Downtown Paid Parking: This bylaw maintains the current status for downtown parking and parking meters. Administration will be developing an opportunity for Council, with community engagement during the Downtown Master Planning Process, to review paid parking downtown. The existing meters are outdated. One option may be to move to online paid parking as many communities have done, from meters, which has growing pains. Another option may be to have free on-street parking downtown. Paid parking and meters are a tool for ensuring traffic circulates downtown in the on-street parking stalls, enforcement is another tool. The overall goals (movement of traffic, or collection of parking fees, or both) is a policy level decision of Council. The upcoming Downtown Master Plan planning process will provide the environment for good decision making. The following changes have been recommended in this Bylaw: 1. Definitions and Legislation - Definitions have been updated or replaced and reference to various legislation has been confirmed.

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COUNCIL REPORT – STREETS, TRAFFIC AND PARKING BYLAW NO. 4044, 2021 2. Updated Delegation of Authority - Authority has been delegated between the City Engineer, Director of Public Works and Director of Finance to carry out the provisions of the Bylaw. Also, authority for staff enforcing the bylaw has been delegated. 3. Part III - General Regulations - The major changes suggested in this section include: (a) Snow and Ice - Formerly owners and occupiers of real property located within a C-1 zoned property were required to remove snow and ice from sidewalks bordering their property. This Bylaw recommends that all residents be required to remove snow and ice from bordering sidewalks within 24 hours of a snow event. Exemptions are identified in Schedule B and residents can apply to the Director of Public Works for an exemption, should the obligation impose an unusual hardship. Staff are hoping to engage community groups to assist with snow removal for seniors and physically impaired residents that may require assistance. (b) Panhandling - In the City's current bylaws, there is no provision for the regulation of Panhandling. The proposed changes include regulation of panhandling locations, times and conduct. 4. Part IV - Parking Regulations - Updated stopping and parking regulations include but are not limited to distances from roadways, highways and intersections, boulevards, Recreational Vehicles and trailers on residential streets. Parking Meter regulations have been updated. The following proposed changes to Parking Meter Permits and Parking Permits: (a) Complimentary Parking Meter Permits (issued for a 2 year period except members of EOC) - Continue issuing to Members of Council during City business, Freeman of the City; Past Members of Council, MP's, MLA's, EOC members and Seniors. Proposed changes are that all Complimentary Parking Meter Permits require a completed application and that Seniors applying for a Complimentary Parking Meter Permit must be a resident of the City. Complimentary Parking Meter Permits allow for 1 hour unpaid parking (same as former Bylaw). (b) Commercial Use Permits and Accessible Parking Permits - regulations have been updated to current standards. (c) Resident Only Parking Permit - Bylaw updated to authorize the issuance of these permits. (d) Rentals - Bylaw has been updated to reflect current practices in City owned parking lots. 5. Part V - Active Transportation Regulation - New addition to the bylaw includes regulations for pedestrians, Motorized Scooters; Cyclists; Small Wheeled Transport (skateboards, roller-skates etc) and regulations surrounding Multi Use Paths or trails and walkways. 6. Part V1 - Highway Use, Regulations and Permits - This Part has been updated, changes include but are not limited to: (a) Access Permits - Implementation of Access Permits for vehicles crossing boulevards over 2700 kg; constructing, modifying or replacing an existing Access; and replaces the provision for the former "Crossing Zone" - when a parking meter is removed to provide vehicular access to property owners for a second access or to the back of their properties. (b) Road Occupancy Permits and Special Event Permits- included to align with current practice. (c) Heavy Loads, Extraordinary Traffic and Load Restrictions - regulations updated to reflect current best practices and to align with current practices.

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COUNCIL REPORT – STREETS, TRAFFIC AND PARKING BYLAW NO. 4044, 2021 (d) Weighing Vehicles - There is currently no provision for City staff to require an owner or operator of a vehicle to drive to the nearest scale to weigh the vehicle and load. The RCMP Commercial Vehicle Services monitor those vehicles operating outside the City limits and this provision provides staff with the authority to order vehicles to be weighed. 7. Part VII - Maintenance and Use of Boulevards - There is currently no provision to regulate Boulevard Use and Maintenance within the City. This Part identifies standards for boulevard maintenance and landscaping and also provides regulation for property owners abutting a boulevard i.e. planting of trees and permanent structures prohibited. 8. Part VII - Impoundment, Enforcement, Cost Recovery and Penalties - Regulations dealing with the impoundment of vehicles are clarified and updated. The penalty section has been updated to allow ticketing under the MTIS Bylaw and future Bylaw Offence Notice Bylaw. Under the former Parking Meter Bylaw, the penalties for parking meter tickets were established within the bylaw and there was no identified provision to ticket under the MTIS. The value of unpaid parking tickets is approximately $90,000. largely due to limited penalties and cost recovery methods in the old bylaws. 9. Schedules - This bylaw will include 3 schedules which were not part of the former bylaw: Schedule A - Sight Triangle; Schedule B - Snow Removal Exemption Map and Schedule C - Insurance Requirement. Pending Council's approval of three readings to this Bylaw, staff have submitted the Fees and Charges Amendment Bylaw and the Municipal Ticketing Information System (MTIS Amendment Bylaw for Councils consideration. ALTERNATIVE: THAT Council not approve the Bylaw as presented POLICY IMPLICATION: Upon adoption of this Bylaw, the following Bylaws will require amending:

• Fees and Charges Bylaw • Municipal Ticketing Information System (MTIS) Bylaw

STRATEGIC PLAN ALIGNMENT: This bylaw aligns with Council's goal of Delivering Good Governance as identified in the Strategic Plan. 3.1.1. Effective Government - Review and update bylaws and governance policies. ATTACHMENTS: 3044 2021_Streets Traffic and Parking Bylaw_Final 3044 2021_Schedule A Sight Triangle 3044 2021_Schedule B Snow Removal Exemption 3044 2021_Schedule C_Insurance Requirements Approved By: Status: Ron Fraser, Director of Engineering and Development Services



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4044

STREETS, TRAFFIC AND PARKING BYLAW A Bylaw to regulate traffic, parking and the use of streets and highways within the City of Cranbrook. WHEREAS the Community Charter, Local Government Act and the Motor Vehicle Act, which authorize Council to regulate and prohibit the use of highways and parking;

The Municipal Council of the Corporation of the City of Cranbrook, in open meeting assembled, enacts as follows: PART I - GENERAL PROVISIONS 1. This Bylaw may be cited as "City of Cranbrook Streets, Traffic and Parking Bylaw No.

4044, 2021”. Interpretation and Application 2.1 The terms defined in this Bylaw shall include the past tense, future tense, plural and

adjective of such terms and reference to a gender includes both genders and a corporation as the context may require.

2.2 The headings given to the parts and sections in this Bylaw are for convenience and

reference only, and do not form a part of this Bylaw and will not be used for the interpretation of such.

2.3 Any words or phrases contained within parentheses in this Bylaw shall not be interpreted

as forming a part of this Bylaw and are provided solely for the purpose of convenience. 2.4 The Schedules of this Bylaw as attached hereto are deemed to be part of and forming this

Bylaw. 2.5 The various regulations prescribed in this Bylaw are cumulative and not mutually self-

exclusive. 2.6 Nothing in this Bylaw shall be construed as imposing regulations on the use of Arterial

Highways by Vehicles except:

(a) where parking stalls on such Highways have been made available within municipal boundaries; or,

(b) where explicitly provided for in this Bylaw and as approved by the Minister

responsible for administering the Transportation Act, as amended or repealed.

DRAFT

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BYLAW 4044 Page 2 of 42

2.7 If any part, section, subsection, paragraph or clause of this Bylaw is held to be invalid by

a court of competent jurisdiction, then that invalid portion shall be severed and the remainder of this Bylaw shall be deemed to continue as valid and enforceable

2.8 Any reference to a statute or regulation refers to an enactment of British Columbia and any reference to a bylaw refers to a bylaw of the City of Cranbrook, as amended, revised, consolidated or replaced from time to time.

2.9 In the event of a conflict between this Bylaw and a Provincial enactment, the stricter law prevails.

2.10 Except as otherwise provided, this Bylaw applies to all Persons within the boundaries of

the City and a Person riding a Bicycle or Small Wheeled Transport has the same obligations under this Bylaw as the Operator of a Vehicle.

Definitions 3.1 In this Bylaw, the expressions as so defined by and contained in the Motor Vehicle Act,

the Passenger Transportation Act, the Commercial Transport Act; the Transportation Act, the Offence Act, the Safe Streets Act, the Local Government Act, the Community Charter and the Interpretation Act and regulations thereto shall be applicable.

3.2 If there is any inconsistency between the terms defined herein and any other enactment,

the definitions herein shall prevail. 3.3 In this Bylaw:

Access means that portion of a Boulevard that is permanently improved or designed for the passage of Traffic between a Roadway and the adjacent real property.

Access Permit means a permit issued by the City to: (a) construct an Access; (b) replace or modify an existing Access; (c) continually Access that portion of a Boulevard

intended for the installation of a Parking Meter and Parking Meter Space.

Accessible Person’s Parking Permit

means a valid hanger or decal issued:

(a) pursuant to the Motor Vehicle Act and Regulations by the Social Planning and Review Council of British Columbia (S.P.A.R.C.); or

(b) by another province or foreign jurisdiction with respect to the parking of vehicles owned or operated by Persons with Disabilities.

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Accessible Zone

means a Parking Space identified by a Traffic Control Device for the exclusive use of Vehicles displaying an authorized Accessible Person’s Parking Permit.

Active Transportation means walking, cycling and the use of Small Wheeled Transport.

Active Transportation Corridor

means the portion of a Highway improved for the use of Active Transportation.

All-Terrain Vehicle

means a vehicle that:

(a) runs on four (4) or more wheels or is self-propelled by means of two (2) or more endless belts driven in contact with the ground;

(b) has a seat designed for the driver to sit astride, and

(c) at the time the vehicle was manufactured, was not designed to conform to the standards prescribed under the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a Highway

Angle Parking Zone

means the area or space on a Street designated by a Traffic Control Device and established to restrict the parking of Vehicles to an angle other than parallel to a Curb.

Arterial Highway has the meaning prescribed in the Transportation Act.

Arterial Road means a high capacity urban road. The primary function of an arterial road is to deliver traffic from collector roads to freeways or expressways, and between urban centers at the highest level of service possible. It does not include Arterial Highways.

Bicycle Facility means the portion of a Highway intended for the use of Cycles, including but not limited to Shoulders, On-Road Bike Lanes, Multi-Use Pathways and Connectors.

Block means the portion of a Highway lying between the intersecting Streets or between an intersecting Street and a Dead-End Street.

Boulevard means that portion of a Highway between the Curb, or edge of pavement, adjoining property or Roadway, and includes Curbs, Sidewalks, Tree Wells and ditches.

Boulevard Area Use means use of a Boulevard for the purpose of extension of adjacent property use.

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Building Bylaw

means the City of Cranbrook Building Bylaw No. 3725, 2013, as amended or replaced.

Building Permit means a permit issued in accordance with the Building Bylaw.

Business Licence means a Business Licence issued by the City in accordance with the provision s of the Business Licence Bylaw.

Business Licence Bylaw

means the City of Cranbrook Business Licence Bylaw No. 3194, 1994 as amended or replaced.

Bus Stop Zone means the entire length of a Curb lane within an area extending 20 metres on the near side and 7.5 metres on the far side of any bus route sign indicating a bus stop or any length of Curb area delineated by a red Curb.

Bylaw Notice means a ticket issued in respect of this Bylaw under the Local Government Bylaw Notice Enforcement Act .

Bylaw Services Officer

means the person appointed to that position by the Chief Administrative Officer of the City of Cranbrook for the purpose of enforcing and carrying out the provisions of this bylaw including his/her designate.

Chattel means any article of movable, personal property other than a Vehicle.

Chief Administrative Officer

means the employee appointed to that position for the City pursuant to section 147 of the Community Charter.

City means the Corporation of the City of Cranbrook.

City Engineer means the person appointed as such by the Chief Administrative Officer to act on behalf of the City for the purposes of this Bylaw or a person authorized to act in place of the City Engineer.

Collector Road means a low-to-moderate capacity road which services to move traffic from local streets to Arterial Roads. Unlike Arterial Roads, Collector Roads are designed to provide access to residential properties.

Commercial Vehicle

means a vehicle defined as such and licensed under the Commercial Transport Act and includes a vehicle not so licensed, but used for collection or delivery of merchandise or other commodities in the ordinary course of a business undertaking.

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Connector

means a short, paved or un-paved surface connecting the transportation network to shorten distances between Roadways, Sidewalks and trails, for the use of Active Transportation.

Council means the Municipal Council of the City.

Curb means the raised structural element which may be installed at the outside edge of a Street or median parking area, primarily for a gutter.

Cycle means a device having any number of wheels that is propelled by human power and on which a person may ride and includes a motor assisted cycle, but does not include Small Wheeled Transport.

Dead-End Street means a Street that terminates without a designated turning area for Vehicles.

Deposit means the fee required to park at a Parking Meter, whether through inserting Coins or using other payment methods such as Pay By Phone, as indicated on the Parking Meter or Traffic Control Device.

Director of Finance

means the person appointed as such by the Chief Administrative Officer and any person appointed to assist the Director.

Director of Fire and Emergency Services


Director of Public Works


Double Park means the standing of a vehicle in the travelled portion of the highway, adjacent to a parked vehicle, or Parking Space.

Elephants’ Feet means a series of white square pavement markings painted at Crosswalks that delineate where cycling or Small Wheeled Transport are permitted to use the Crosswalk without dismounting.

Extraordinary Traffic includes the carriage of goods or Persons in Vehicles over a Highway that, in conjunction with the nature or existing condition of the Highway, the Council considers is so extraordinary in:

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(a) the quality or quantity of the goods or the number of

Persons carried;

(b) the mode or time of use of the Highway; or

(c) the speed at which the Vehicles are driven or Operated,

that it substantially alters or increases the burden imposed on the Highway through its proper use by ordinary Traffic, and causes damage to the Highway or resulting expense to the City beyond what is reasonable or ordinary.

Fees and Charges Bylaw

means the City of Cranbrook Fees and Charges Bylaw No. 3832, 2015 as amended and replaced.

Heavy Truck means a Vehicle which:

(a) has a licensed Gross Vehicle Weight in excess of 11,795 kilograms; or

(b) comprises of a tractor towing one or more trailers or semi-trailers.

Highway means a Street, road, Lane, bridge, viaduct and any other way open to public use, other than a private right of way on private property.

Lane means a Highway typically having a dedication width or right of way width of not more than eight (8) metres.

Living Quarters means use or occupancy of a Vehicle, Mobile Food Vendor, or Recreational Vehicle for sleeping, and/or food preparation, and/or food consumption, and/or bathroom facilities.

Load Restrictions means Vehicle axle loading restrictions imposed on designated Roadways in the City as authorized by the City Engineer or the Director of Public Works.

Loading Zone means that portion of a Street designated by a Traffic Control Device for the exclusive use of vehicles loading or unloading passengers or property.

Local Road means a street that is primarily used to gain access to the property bordering it.

Metered Period unless otherwise posted by a Traffic Control Device, means the period between 9:00 a.m. and 6:00 p.m. every day when the On-Street Pay Parking and Off-Street Pay Parking is in effect, except holidays as defined by the Interpretation Act.

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Metered Space means a space on City owned land or leased property set

out for the purpose of parking a Vehicle, where there is a Parking Meter established and maintained to collect a Deposit for the use or occupation of the space.

Mobile Food Vendor means a Person operating a pushcart, mobile trailer, mobile wagon or other Vehicle conversions for the purpose of selling prepared foods and /or beverages.

Mobile Retail Seller

means a Person who uses a Vehicle to go from place to place offering sale goods, merchandise or foodstuffs.

Motorcycle has the same meaning prescribed in the Motor Vehicle Act.

Motorized Scooter means any motorized vehicle having a minimum of two (2) wheels which is intended for use by Persons with Disability and may be operated on travelled surfaces intended for the use of Pedestrians.

Multi-Use Pathway or MUP

means a paved or unpaved portion of a Highway, intended for the mixed use of Pedestrians, cyclists and Small Wheeled Transport users, and may be accessible for persons using Motorized Scooters.

Non-standard Landscaping

means any type of Boulevard landscaping other than grass, such as shrubs, mulch, rocks, herbaceous or perennial vegetation.

Noxious Weed has the same meaning prescribed in the Weed Control Act.

Off Road Side-By-Side Vehicle

means a vehicle that: (a) runs on three (3) or more wheels or is self-propelled

by means of two (2) or more endless belts driven in contact with the ground;

(b) does not have a seat designed for the driver to sit

astride, and: (c) at the time the vehicle was manufactured, was not

designed to conform to the standards prescribed under the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a Highway.

On-Road Bike Lane means lanes on the Highway marked with Traffic Control

Devices indicated the use is intended for Cycles.

On-Street Pay Parking means any Metered Space owned or operated by the City within a Highway for the purpose of providing on-street parking.

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Operator means a Person who is in possession of, drives or operates a Vehicle, whether or not the Owner.

Owner (a) with respect to any real property, has the same meaning as in the Community Charter;

(b) with respect to a Vehicle, has the same meaning as in

the Motor Vehicle Act; and (c) with respect to Chattel, means the lawful owner of

moveable property.

Panhandle

means to beg for or to ask, without consideration, for money, donations, goods or other things of value whether by spoken, written or printed word or bodily gesture including placement of a hat, musical instrument case, or similar container, for one’s self or for any other Person but does not include soliciting for a charitable organization or as authorized through a permit.

Parade means the procession or group of Pedestrians (except members of the Armed Forces) numbering more than twenty (20), standing, marching, or walking on any Street or Sidewalk, or any group of vehicles numbering ten (10) or more (except funeral processions) standing or moving on any Street.

Park means the standing of a vehicle, whether occupied or not, upon the street, other than the temporary standing of a Commercial Vehicle for the purpose of and while actually engaged in loading or unloading merchandise at the front entrance of a place of business, where there is no Loading Zone available and no facilities for loading or unloading at the rear entrance of the place of business, or the standing of a Vehicle in obedience of a Traffic Control Device or a Police Officer.

Parking Lot means any area owned or operated by the City for the purpose of providing off-street parking.

Parking Meter means a mechanical device installed in a Parking Lot or on a portion of a Highway used to collect Deposits and to measure the time during which a vehicle may legally occupy a Metered Parking Space.

Parking Meter Attendant

means that person appointed as such by the Chief Administrative Officer, and any person delegated to assist the Attendant.

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Parking Meter Permit

means a permit issued by the Director of Finance that allows a Person to Park for a specified duration of time at an On-Street Pay Parking Space without being required to pay the Deposit indicated at the Parking Meter.

Parking Permit means a tag, pass, or permit issued by the Director of Finance for the purpose of hourly, daily or monthly parking in a Metered Parking Space on a Highway or in a City Parking Lot.

Parking Space means any portion of a street marked by painted lines or other device indicating that it is intended for the parking of a vehicle.

Pay By Phone means a system established by or on behalf of the City under which a person may:

(a) set up a credit card account or payment account with a City approved supplier; and

(b) pay the Deposit for parking a Vehicle in a Metered Space remotely by telephone or internet application in accordance with the requirements of that system.

Pedestrian means a Person on foot, or using a device including a

manual wheelchair, electric wheelchair and Motorized Scooter that is used to facilitate the transport, in a normally seated orientation of a person with a physical disability.

Pedestrian Facility means a portion of a Highway intended for Pedestrians, including Sidewalks, Shoulders, Multi-Use Pathways and Connectors.

Person with Disability

means a person whose mobility is limited as a result of a permanent or temporary disability that makes it impossible or difficult to walk.

Public Transit Bus Includes any Vehicle operated under the auspices of the transit authority for the use by the general public.

Public Place means any place, building or conveyance to which the public has access by right or by invitation, express or implied.

Public Utility Vehicle means a Vehicle owned or operated by or on behalf of a public utility as defined in the Utilities Commission Act.

Real Property

means land, with or without improvements so affixed to the land as to make them in fact and in law a part of the real property, and includes individual premises located on the real property.

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Recreational Vehicle or RV

means a Vehicle designed for carrying persons or property intended for recreation or temporary accommodation or both, and includes travel trailers, tent trailers, motorhomes, campers, campervans, and trailers carrying recreational items such as boats, Snowmobiles, All-Terrain Vehicles and Off Road Side-By-Side Vehicles but does not include Cycles or Small Wheeled Transport.

Residential Zone

means any zone described in the City’s Zoning Bylaw or any Comprehensive Development Zone in which the predominant use, as determined by its general purpose and list of permitted uses, is of a residential nature.

Road Occupancy Permit

means a permit issued by the City Engineer to provide for the use for works within the City road right of ways including Sidewalks, Boulevards and unconstructed right of ways.

Roadway means the travelled portion of a Street but does not include the Boulevard.

Rubbish means accumulation of soil, leaves, grass clippings, branches, twigs and other vegetation or landscape materials; litter of any kind or discarded materials; liquid or solid waste or garbage; compost materials; and any objects that would reasonably pose a hazard.

Shoulder means the paved or unpaved outer edge of a Roadway surface, usually marked by a painted solid white line.

Sidewalk means the area between the Curb-lines or lateral lines of a Roadway and the adjacent property line improved with concrete or asphalt and intended for the use of Pedestrians.

Sidewalk Patio Use means the commercial use of a Sidewalk area for the purpose of customer seating for food and beverage services as per the City’s Downtown Seasonal Patio Bylaw No. 3860, 2016 as amended or replaced.

Sight Triangle means the portion of either public or private Real Property at any corner of an intersection of Highways which must be kept clear of visual obstructions, as described and illustrated in Schedule A.

Small Wheeled Transport or SWT

is a human-powered transportation with small diameter wheels that includes skateboards, foot operated scooters, roller skates, longboards or similar devices; and Bicycles actively operated by children under thirteen (13) years of age. It does not include Motorized Scooter.

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Snowmobile means a vehicle other than an all-terrain vehicle or a

motorcycle that:

(a) is designed for travel on snow or ice;

(b) has one or more steering skis;

(c) is self-propelled by means of one or more endless belts driven in contact with the ground, and:

(d) has a seat designed for the driver to sit astride.

Snow Removal Program

means a program of the City for the clearing of Highways of snow and ice by City equipment, employees, or authorized contractors as per the City’s Snow and Ice Control Policy.

Street means a Highway typically having a dedication width or right of way width of eight (8) meters or more

Temporary Parking Ban

means a declaration by the Director of Public Works that Parking of Vehicles, RV’s, Trailers or Chattels will be prohibited on designated Highways, streets or Local Roads, for the purpose of Snow Removal Program or street cleaning or any other purpose determined necessary for clearance by the Director of Public Works.

Traffic includes Active Transportation, ridden or herded animals, Vehicles and other conveyances while using a Highway for purposes of travel.

Traffic Control Device means a sign, traffic control signal, line, Parking Meter, pavement or Curb marking, barricade or other device placed or erected by the authority of the City Engineer, Director of Public Works or Director of Fire and Emergency Services.

Traffic Control Person has the meaning prescribed in the Motor Vehicle Act and may include a member of the RCMP, Fire and Emergency Service Department, B.C. Ambulance Service and persons who have received approved training, passed an examination, and are certified as per the Ministry of Transportation and Infrastructure’s Traffic Management Manual for Work on Roadways, as amended or replaced from time to time.

Trailer means a vehicle that is at any time drawn on a highway by a motor vehicle, except:

(a) an implement of husbandry;

(b) a side car attached to a motor vehicle;

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(c) a disabled motor vehicle that is towed by a tow car

and includes a semi-trailer (Commercial Transport Act).

Travelled Portion of a Highway

means the area of a Highway that has a prepared surface for Vehicle or Active Transportation operation.

Tree means a perennial woody plant that has secondary branches supported clear of the ground on a single main or trunk.

Tree Well means a planting strip or cut out in a Boulevard where a Tree is planted.

Truck Route means a Highway, a portion of a Highway, or a series of connected Highways, on which Heavy Trucks may be present and travel pursuant to this Bylaw.

Two Hour Free Parking Space

means a space or section of a Highway in a Two Hour Free Parking Zone or a space or section of a City owned Parking Lot marked out or designated pursuant to this bylaw by posted sign, painted lines or other device and designated for the accommodation of a Vehicle.

Two Hour Free Parking Zone

means any Highway or portion of any Highway or a City owned Parking Lot designated as such by order of the City Engineer for the purpose of establishing Two Hour Free Parking Spaces pursuant to this Bylaw.

Vehicle means a device in, upon, or by which a person or thing is or may be transported or drawn upon a Street, except a device designed to be moved by human power or used exclusively upon stationary rails or tracks.

PART II - DELEGATION Council delegates the powers of Council as follows: 4.1 The City Engineer is authorized to:

(a) order the permanent or temporary placement, replacement or alteration of Traffic Control Devices and Parking Meters for the regulation, prohibition or control of Traffic or Parking;

(b) within a Parking Lot in any Two Hour Free Parking Zone, establish Two Hour

Free Parking Spaces that may be designated by painted lines or other markings; (c) designate portions of a highway adjacent to the Curb as Bus Stop Zones or

Commercial Loading Zones;

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(d) order the alteration or removal of an unauthorized Traffic Control Device,

advertisement, or guide-post that has been erected or maintained on or over any Highway;

(e) temporarily close a Highway, or restrict or divert Traffic as the City Engineer

considers necessary for Traffic safety and suitability; (f) establish permanent reduced load limits on Highways and erect such Traffic

Control Devices to advertise such reduced limits in coordination the Ministry responsible for Highways;

(g) establish Truck Routes on Highways as the City Engineer considers necessary

for Traffic safety and suitability; (h) require the Operator of any Vehicle to weigh the Vehicle at any weigh scale

forthwith; and (i) issue permits and make orders under this Bylaw in respect of matters comprised

in this Bylaw, and to rescind, revoke, amend, or vary any such permit or orders as the City Engineer considers reasonable or necessary to ensure compliance with this Bylaw and for the safety, protection and convenience of the public in relation to Traffic and the use of the Highways and other Public Places referred to herein.

4.2 The Director of Public Works is authorized to:

(a) temporarily close a Highway, or restrict or divert Traffic as the Director of Public Works considers necessary for Traffic safety and suitability;

(b) establish temporary or seasonal reduced load limits on Highways and erect such

Traffic Control Devices to advertise such reduced limits; (c) cause and direct Highways, Traffic Control Devices, Sidewalks and other

Highway features to be cleared, maintained and repaired in accordance with this Bylaw and related City policies; and

(d) require the Operator of any Vehicle to weigh the Vehicle at any weigh scale

forthwith.

4.4 The Director of Finance is authorized to: (a) issue Parking Meter Permits and Parking Permits; (b) grant the monthly rental of a Parking Space in a Parking Lot; (c) grant the rental of a Metered Parking Space. in accordance with the provisions of this Bylaw and any other City bylaws.

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Emergency Control 5.1 At the site of an accident, police or fire service response or other emergency incident, a

police officer, Bylaw Services Officer, Parking Meter Attendant the Director of Fire and Emergency Services, the Director of Public Works, or a Traffic Control Person may do any or all of the following, as the officer, Attendant, Director or Traffic Control Person considers necessary for public safety, effective response and the orderly management of Traffic:

(a) direct and regulate Traffic, and in so doing, may override any Traffic Control

Device; (b) place any temporary Traffic Control Device on or near the Highway; (c) remove and relocate or impound any Vehicle, RV, Small Wheeled Transport,

Chattel or obstruction that interferes with response to the incident; and (d) designate in any manner a line or lines around or near the location of the incident

beyond which the public shall not pass.

Police Officers 6.1 A police officer, in addition to the exercise of powers, duties and functions under the Motor

Vehicle Act and other enactments, may:

(a) direct and regulate Traffic in any manner deemed necessary pursuant to this Bylaw and, in doing so, may disregard any Traffic Control Device; and

(b) require the Operator of any Vehicle to weigh same at any weigh scale forthwith.

Bylaw Services Officer 7.1 A Bylaw Services Officer, in addition to the exercise of other powers, duties or functions

under this Bylaw, is authorized to:

(a) order an Owner or occupier of Real Property adjacent to a Highway to cut, prune or remove plantings or vegetation on the Real Property, or to remove a fence, retaining wall or other structure, where any such thing appears to be interfering with the safe use of a Sidewalk, Boulevard or other portion of a Highway or is in contravention with any provision of this Bylaw;

(b) hood or cause to be hooded, or otherwise temporarily remove from service, a

Parking Meter. (c) require the Operator of any Vehicle to weigh same at any weigh scale forthwith.

Parking Meter Attendant 8.1 A Parking Meter Attendant, in addition to the exercise of other powers, duties and

functions under this bylaw is authorized to:

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(a) hood or cause to be hooded, or otherwise temporarily remove from service, a

Parking Meter.

PART III - GENERAL REGULATIONS Exemptions 9.1 The Operators of the following Vehicles shall be exempt from the provisions of this bylaw,

unless otherwise expressly provided for in this bylaw: (a) Vehicles Operated by members of the:

(i) R.C.M.P. (ii) Fire and Emergency Services Department; (iii) Ambulance Services; and (iv) Search and Rescue while on duty and actively responding to an emergency.

(b) Vehicles identified by insignia or sign as being Vehicles Owned and Operated by the City which are actively engaged in City business.

(c) Vehicles identified by insignia or sign and Operated by:

(i) provincial employees; (ii) federal employees; (iii) Public Utility Vehicles; (iv) road maintenance personnel; and (v) Traffic Control Person. while actively carrying out work upon Highways or Boulevards.

(d) Vehicles directed in a different manner by Traffic Control Personnel engaged in permitted work or by the lawful orders of a Police Officer.

(e) any other Vehicle or any Person which is authorized by permit, Council resolution

or the Province of British Columbia to carry out works or activities upon Highways while actively engaged in such work.

Obey Directions 10.1 Except where otherwise directed by a Police Officer, Bylaw Services Officer, Parking

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Meter Attendant, Traffic Control Person, Director of Public Works, City Engineer or the

Director of Fire and Emergency Services, every Person must obey all directions, prohibitions and conditions contained in or appearing on any Traffic Control Device.

10.2 A Person must not mark or imprint on, or deface, damage or interfere with any Traffic

Control Device that is erected or placed pursuant to this bylaw. 10.3 Every Person must at all times comply with any lawful order, direction, or signal made or

given by a Police Officer, Bylaw Services Officer, Parking Meter Attendant, Traffic Control Person, Director of Public Works, City Engineer or the Director of Fire and Emergency Services.

No Obstruction 11.1 A Person must not obstruct a Police Officer, Bylaw Services Officer, Parking Meter

Attendant, Director of Public Works, City Engineer or the Director of Fire and Emergency Services in the performance of their duties, or refuse to comply or delay in complying with any direction by such officer.

Bylaw Notices and Tickets 12.1 A Person must not remove any Bylaw Notice, ticket or warning affixed or placed on a

Vehicle or RV for the enforcement of this Bylaw unless that Person is the Owner or Operator of that Vehicle or RV.

Speed Limits 13.1 Unless otherwise indicated on a Traffic Control Device, a Person must not drive or

Operate a Vehicle: (a) on any Street at a speed greater than fifty (50) kilometres per hour; or

(b) on any Lane at a speed greater than twenty (20) kilometers per hour.

Noise from Vehicles 14.1 A Person must not cause, allow or suffer any loud noise to emanate from a Vehicle:

(a) by using or by means of the horn, engine, exhaust system, braking system, engine retarder, acceleration system or tires in contact with the Roadway, except where the Operator is unable to safely slow down or stop by other means as necessary to give warning, or as otherwise required by law; or

(b) by causing or allowing the sound of an alarm system, stereo system, television,

player or other sound playback device or amplification equipment, or the sound of a musical instrument, to be easily heard by someone outside the Vehicle, except as may be authorized by the City Engineer for a procession, Parade, festival or other community event.

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Vegetation 15.1 An Owner or occupier of Real Property adjacent to any Highway must not allow

vegetation or plantings on that property to extend over the Highway at a height less than two and three quarter (2.75) metres; and must promptly comply with any order by the Bylaw Services Officer to cut, prune or remove such plants or vegetation.

Sight Triangle 16.1 An Owner or occupier of a corner parcel at any intersection must not cause, suffer or

allow to erect any structure, fence, retaining wall, or grow any vegetation, within the triangular area indicated in Schedule A except in accordance with that Schedule. An Owner or occupier who has been ordered by the City Engineer or Bylaw Services Officer to bring the property into compliance with Schedule A must promptly comply with that order.

Snow and Ice 17.1 An Owner or occupier of Real Property must remove snow and ice from the Sidewalk

bordering their property, whether directly adjacent to or separated by a Boulevard, landscaping or other portion either between their property and the Roadway, within twenty-four (24) hours of a snow event or the accumulation of such snow or ice, unless exempted under subsection 17.2.

17.2 An Owner or occupier for whom the obligation under subsection 17.1 would impose an

unusual hardship may apply to the Director of Public Works for an exemption, and the Director of Public Works may grant an exemption if satisfied that compliance would amount to an unusual hardship for the applicant.

17.3 Notwithstanding subsection 17.1, Owners and Occupiers of Real Property bordering

stretches of road in Schedule B shall be exempt from removing such snow, ice or Rubbish from such Sidewalk along those stretches only.

17.4 An Owner or occupier of Real Property must not place, or cause or allow snow or ice to

migrate from their property onto any Roadway and Active Transportation Corridor. 17.5 If any snow or ice is deposited onto a Highway contrary to subsection 17.4, the Owner

or occupier of the property must take immediate steps to safely remove the snow, ice or both from the Highway, at their own expense, and will be responsible to pay for any costs and expenses incurred by the City to repair any resulting damage to the Highway.

17.6 A Person must not place snow or ice from one Roadway onto another Roadway. 17.7 Owners or occupiers of Real Property adjacent to or abutting any portion of any Highway,

shall immediately remove snow, ice or Rubbish from the roof or any other part of a structure that may present a danger to Persons using the Sidewalk, Boulevard, or other portion of Highway by being located so as to impose the threat of falling upon the Highway.

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17.8 If water is being discharged from a Real Property, the Owners or occupiers of such Real

Property must not cause or allow to be caused ice or snow build-up on the Sidewalk or Roadway.

17.9 A Person must not Park any Vehicle, Trailer or Chattel on Highways within designated

areas once a Temporary Parking Ban has been declared by the Director of Public Works, and:

(a) not later than twelve (12) hours of being notified, every Owner and occupant of

Real Property adjacent to that Highway or portion thereof must remove their Vehicles, Trailers or Chattels; and

(b) an Owner or Operator of any Vehicle, Trailer or Chattel must not cause, permit

or allow any Vehicle, Trailer or Chattel to occupy any portion of the Highway for a timeframe prescribed by the Director of Public Works in the Parking Ban, while a Parking Ban is in effect for that Highway or portion thereof.

17.10 The Director of Public works may, by notice delivered to an Owner , Operator or occupier

or placing the notice at Real Property or on a Vehicle or Chattel, as applicable, order a Person to take such actions as the Director considers necessary to effect compliance with this section 17, and a Person so ordered must promptly comply with the requirements of the order.

Panhandling 18. 1 No person shall Panhandle within 10 metres of: (a) an entrance to a Savings Institution; (b) an automated teller machine; (c) a bus stop or bus shelter; (d) the entrance to a liquor store or cannabis dispensary; (e) the entrance to a shopping mall; (f) an outdoor terrace or patio of a restaurant, pub, café or similar establishment; (g) the entrance to a gas station; (h) the entrance to a grocery store. 18.2 No Person shall Panhandle in such a way as to impede or obstruct: (a) the ability of a person entering or exiting a residence or a place of business; (b) the convenient passing of traffic along a Sidewalk or Highway.

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18.3 No Person shall Panhandle from an occupant of a Vehicle which is: (a) parked; (b) stopped at a Traffic Control Device; (c) temporarily stopped for the purpose of loading or unloading. 18.4 No Person shall sit or lie on a Street, Highway or Sidewalk for the purpose of

Panhandling; 18.5 While Panhandling, no Person shall: (a) touch any Person; (b) use foul, abusive or threatening language; (c) continue to Panhandle or follow a Person who has refused or declined to give

anything to the Panhandler. 18.6 No Person shall Panhandle on private property without the consent of the owner of that

property. 18.7 No Person shall Panhandle between the time of sunset on any day and sunrise the

following day. PART IV – PARKING REGULATIONS Parking and Stopping 19.1 Except as directed by a Police Officer, Bylaw Services Officer, Parking Meter Attendant,

Director of Public Works, City Engineer, Director of Finance or the Director of Fire and Emergency Services, or as permitted by a Traffic Control Device, or unless authorization has been provided by the City, a Person must not stop or Park a Vehicle:

(a) in any place contrary to a Traffic Control Device; (b) in such a manner as to obstruct the visibility of any Traffic Control Device; (c) upon any Highway or municipal property where the vehicle does not clearly display

current and valid number plates, numbered decal or insurance permit as required by the Motor Vehicle Act;

(d) so as to obstruct the normal flow of Traffic; (e) on a two-way Roadway, other than with the right-hand wheels parallel to that

side, except Motorcycles; (f) on an Active Transportation Corridor;

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(g) adjacent to a Curb painted yellow; (h) so that it is Parked on either side of a Vehicle already stopped or Parked at the

edge or Curb of a Roadway (Double Parked); (i) upon any Highway or municipal property for the principal purpose of: (i) displaying a vehicle for sale; (ii) advertising, greasing, painting, washing, wrecking, storing or repairing,

any Vehicle, except repairs necessitated by an emergency. (j) adjacent to a Red Curb, or six (6.0) metres on either side of a bus stop sign,

unless the Vehicle is a Public Transit Bus or private Bus authorized by the City Engineer;

(k) in any Lane, except for the purpose of actively loading and unloading passengers

or materials while hazard lights are flashing; (l) adjacent to a Curb painted white, except for the purpose of actively loading and

unloading passengers or materials; (m) upon any Highway or Roadway in such a manner or under such conditions as to

leave available less than three (3.0) metres of the useable travelled portion of such Highway or Roadway for the free movement of vehicular traffic;

(n) in front of, or within one (1) metre on either side of an Active Transportation

Corridor entrance with a ramp to a Roadway; (o) in front of, or within one (1) metre on either side of an Access; (p) on a Boulevard except:

(i) on a paved or gravel Boulevard adjacent to a Roadway with no Curb; (ii) on a paved or gravel Boulevard behind a rollover Curb separating the

Roadway and Boulevard, constructed for On-Street Parking; or (iii) within one (1) metre from the edge of a paved Roadway with no Curb, on

a non-paved or non-gravel Boulevard;

(q) on a Shoulder without leaving a minimum one and one-half (1.5) metres of space between the Parked Vehicle and the solid white line, or if no solid white line, leaving one and one-half (1.5) metres of space between the parked Vehicle and the Roadway;

(r) in front of or within three (3) metres of the entrance or exit of a Lane; (s) within five (5) metres of either side of a fire hydrant, unless otherwise marked;

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(t) within six (6) metres of an intersection; (u) within six (6) metres of the approach of a flashing beacon, stop sign, or Traffic

Control Device or signal located at the side of a Roadway; (v) on the paved portion of any Highway without Curbs where the paved portion of

the Highway is six (6) metres in width or less; (w) within (twenty) 20 metres of the approach of a bus stop or ten (10) metres beyond

a bus stop; (x) within fifteen (15) metres of the termination of a Dead-End Street; (y) within thirty (30) metres of the approach to a marked uncontrolled Crosswalk and

fifteen (15) metres beyond a marked Crosswalk, unless otherwise directed by a Traffic Control Device;

(z) within fifteen (15) metres of the nearest rail of a railway crossing; (aa) within five (5) metres of a Canada Post Community mailbox, for any period of

time exceeding five (5) minutes; (bb) on a Highway for a period of time longer than seventy-two (72) consecutive hours; (cc) on any portion of any Highway designated as a Loading Zone not longer than five

(5) minutes or unless directed by a Traffic control Device; (dd) with a licensed Gross Vehicle Weight exceeding five thousand, five hundred

(5,500) kilograms on a Highway in a Residential Zone, except for Recreational Vehicles;

(ee) classified as a Recreational Vehicle with Gross Vehicle Weight exceeding five

thousand, five hundred (5,500) kilograms on a Highway in a Residential Zone, for a period longer than twenty-four (24) consecutive hours;

(ff) at a Metered Space where the meter is covered by an authorized bag or hood

installed by a Bylaw Services Officer or Parking Meter Attendant; (gg) outside the marked Metered Space for which the Parking Meter is provided for; (hh) on a Highway or Parking Lot where Traffic Control Devices indicate a Parking

Permit is required, without displaying a valid Parking Permit or Parking Meter Permit;

(ii) on a Highway or Parking Lot where Traffic Control Devices indicate a Parking

Permit is required, without displaying a Parking Permit in the manner indicated on the Parking Permit;

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(jj) on a Highway or Parking Lot in a Metered Space governed by a Parking Meter

that has a Parking Meter face, while the Parking Meter face shows no time remaining;

(kk) within or on a Bicycle Facility and Pedestrian Facility; (ll) upon or in any Highway in such a position or manner as to obstruct the free

movement of traffic into or out of any driveway or private road or garage adjoining such Highway;

(mm) classified as a Mobile Food Vendor or Mobile Retail Seller upon any Street,

Highway or Boulevard, for the purpose of selling, vending or retailing; (nn) upon or in any Highway in such a position or manner as to obstruct the free

movement of traffic into or out of any Access.

19.2 A Person must not Park an RV or Trailer that is detached from a Vehicle, on a Highway. 19.3 Where a Vehicle has been parked at an on-street Parking Space controlled by a Traffic

Control Device for the maximum period of time allowed, after having moved the Vehicle, the Owner or Operator of such vehicle must not, having left such a Parking Space, permit the parking of such Vehicle within 2 hours in the same or any other Parking Space on either side of the same Block.

19.4 A Person must not remove, obliterate, or otherwise interfere with any markings used to

determine the length of time a Vehicle remains Parked in one location, except an Owner or authorized Operator after moving the Vehicle from that location.

19.5 No Person shall park a Recreational Vehicle or attached Trailer on a Highway between

the hours of 8:00 a.m. to 4:00 p.m. 19.6 No Person shall occupy a Vehicle, Trailer or Recreational Vehicle as Living Quarters

while it is parked upon any Street or any other public place, except on property intended for such purpose.

19.7 No Person shall park a Vehicle within an Angle Parking Zone except so that it shall stand

within 0.3 metres of and at an angle with the curb as indicated by the lines, markings or Traffic Control Device placed for that purpose.

19.8 No Person shall park a Vehicle having an overall length in excess of six (6.0) metres in

an Angle Parking Space. Parking Meter Regulations 20.1 A Person must not deface, tamper with, open or wilfully break, destroy or impair the

usefulness of any Parking Meter installed pursuant to this bylaw. 20.2 A Person who Parks in any Metered Space, during the Metered Period, must pay the

amount shown upon the Parking Meter as fees established in the Fees and Charges Bylaw.

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20.3 The Parking Meter applicable to a Parking Meter Space shall be the meter designated

by an arrow or other indication shown on the meter head or post. 20.4 When any Vehicle is Parked in a Metered Space during a Metered Period, the Operator

of such Vehicle must immediately:

(a) deposit a coin in the appropriate Parking Meter as required, turn the handle

provided on the meter head fully in a clockwise direction, and thereupon the

Metered Parking Space may be lawfully occupied by such Vehicle during the

period indicated by the timer contained in the meter head; or

(b) pay the Deposit using the Pay-By-Phone method as set out on the Parking Meter

or by posted signage.

20.5 The Operator of a Vehicle must not allow the Vehicle to be, or remain, in a Metered

Space when the authorized Parking time has expired. 20.6 Despite section 45 each hour or fraction thereafter that the Operator of a Vehicle allows

the Vehicle to be, or remain, in a Metered Space after the first hour the authorized Parking time expired or was identified to have expired constitutes a separate offence under this Bylaw.

20.7 A Person must not Park a Vehicle in a Metered Space at which the Vehicle was

previously Parked, until at least two (2) hours have passed since the Vehicle last occupied that Metered Space.

20.8 A person must not place any object in a Parking Meter other than legal Canadian

currency or legal currency of the United States of America. 20.9 Unless otherwise posted, a Metered Space may be used without Deposit when the

stated Metered Period is not in effect. 20.10 The Operators of taxicabs may use a Metered Space without a Deposit for the period of

time actually required for loading or unloading passengers, such period of time not to exceed two (2) minutes.

20.11 More than one (1) Motorcycle may Park in a Metered Space subject to Sections 19.1(ii),

(jj) and (kk). Parking Meter Permits 21.1 The Director of Finance may issue a complimentary Parking Meter Permit to any Person

who completes an application and is the registered Owner of a Vehicle and who is:

(a) a Member of Council for use during City business; (b) a Freeman of the City;

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(c) a Past Member of Council; (d) a current Member of Parliament or a Member of the Legislative Assembly from

the local riding; (e) a Member of the Emergency Operations Centre (EOC) when EOC is activated; (f) a licensed driver who is a resident of the City and is sixty five (65) years of age

or over.

21.2 All complimentary Parking Meter Permits shall expire two (2) years from the date of issue except for those complimentary Parking Meter Permits:

(a) issued to members of the Emergency Operation Centre (EOC) when ECO is

activated; and (b) authorized by the Director of Finance for a specified period of time in relation to

a Road Occupancy Permit or Special Event Permit or an operation or function of the City.

(c) issued prior to the adoption of this Bylaw, in which case those permits, shall

expire on the 31st day of December of the year this Bylaw was adopted.

21.3 A complimentary Parking Meter Permit issued under this section may use a Metered Parking Space without charge for a period of time not exceeding one (1) hour, per location unless:

(a) the complimentary Parking Meter Permit is issued to members of the Emergency

Operation Centre (EOC) when EOC is activated, which shall be have no specified expiry; or

(b) the complimentary Parking Meter Permit is authorized by the Director Finance for

a time exceeding one (1) hour for a purpose set out in section 21.2(b)

21.4 A complimentary Parking Meter Permit issued under this section must be displayed in open view on the lower area of the passenger side of the Vehicle windshield.

Commercial Use Parking Permits 22.1 A Commercial Use Parking Permit may be issued by the Director of Finance to the Owner

of a Commercial Vehicle upon:

(a) receipt of a completed application containing the following information:

(i) name and contact information of the Vehicle Owner and operator;

(ii) Vehicle description including Licence Plate number;

(iii) commercial purpose.

(b) receipt of the applicable fees established in the Fees and Charges Bylaw; and

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(c) confirmation that the Owner of the Commercial Vehicle holds a current Business

Licence from the City.

22.2 The Operator of a Vehicle must display in open view a Commercial Use Parking Permit issued under this Part and may use a:

(a) Metered Parking Space; or (b) Commercial Loading Zone for a period of time not exceeding fifteen (15) minutes while actively loading or unloading

with hazard lights flashing. 22.3 The expiry date of Commercial Use Parking Permit shall be on midnight on December

31st in the year the permit was issued. 22.4 The Commercial Use Parking Permit does not allow for conducting work or occupying

the road right of way in a manner that would require a Road Occupancy Permit. Accessible Parking Permits 23.1 A Person must not: (a) make a false statement in an application for an Accessible Parking Permit; (b) mutilate, deface or alter an Accessible Parking Permit; (c) lend or transfer an Accessible Parking Permit to another Person, whether or not

to another Person with Disability; and (d) stop or Park in an Accessible Zone without displaying in open view on the Vehicle

a valid Accessible Parking Permit or a permit of similar nature issued by another jurisdiction.

23.2 The maximum duration of Parking in an Accessible Zone while displaying a valid

Accessible Parking Permit is one (1) hour unless otherwise indicated by a Traffic Control Device.

Resident Only Parking Permit 24.1 A Resident Only Parking Permit may be issued by the Director of Finance to residents

residing in areas of the City where Parking restrictions requiring a permit are in force upon:

(a) receipt of a completed application form including a signed declaration identifying

each vehicle requiring a permit; (b) proof of registration for the vehicle and proof of the applicant‘s address.

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24.2 The Resident Only Parking Permit must be displayed in open view on the passenger

side of the vehicle windshield or hung from the rear view mirror. 24.3 The Resident Only Parking Permit shall expire and no longer be valid upon determination

by the City Engineer of any one of the following circumstances: (a) the holder of the Resident Only Parking Permit ceases to reside at the place

described on the application or Parking Permit; (b) the Vehicle licence plate number is changed or the Vehicle itself ceases to be

registered to the Person and place described on the application or the Parking Permit;

(c) the Parking Permit is altered in any manner so as to mislead or is damaged so

as to be illegible or is obscured from the interior of the Vehicle so as to be illegible to an investigating officer.

Revoking of Parking Meter Permits and Parking Permits 25.1 The City Engineer may revoke a Parking Meter Permit or a Parking Permit at any time if

the City Engineer determines that:

(a) the Parking Meter Permit or Parking Permit was issued based on the submission of false, misleading or fraudulent information; or

(b) for non-compliance with the Parking Meter Permit or Parking Permit or this Bylaw,

and may suspend or revoke a Parking Meter Permit or Parking Permit if the City Engineer considers that it is necessary to ensure public safety.

25.2 If a Parking Meter Permit or Parking Permit issued has been revoked due to non-

compliance with the Parking Meter Permit or Parking Permit or this Bylaw, no further Parking Meter Permit or Parking Permit shall be issued until at least twelve (12) months after the date the Parking Meter Permit or Parking Permit was revoked.

Rentals 26.1 The Director of Finance may grant the monthly rental of a Parking Space in a Parking

Lot through the issuance and mutual consent of a Licence of Occupation at a rate established in the Fees and Charges Bylaw.

26.2 The Director of Finance may grant the daily, weekly or monthly rental of a Metered

Parking Space to the Owner or Operator of any business or government agency, at a rate established in the Fees and Charges Bylaw. A canvas bag or hood may be placed over the rented meter head, in lieu of removal.

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PART V – ACTIVE TRANSPORTATION REGULATIONS Pedestrians 27.1 A Pedestrian must not:

(a) cross a Roadway contrary to the direction of a Traffic Control Device; (b) walk on the Roadway if there is a Pedestrian Facility that is reasonably passable

on either side of the Roadway; (c) be on a Roadway to solicit from the Occupant of a Vehicle a ride, employment or

business; (d) use a Highway without due care, attention and reasonable consideration for other

Persons using the Highway.

27.2 If there is no Pedestrian Facility separated from the Roadway, a Pedestrian must travel only on the extreme left side of the Roadway or Shoulder, facing Traffic approaching from the opposite direction.

Motorized Scooters 28.1 A Person operating a Motorized Scooter shall have the same rights and duties as

Pedestrians in addition to the rights and duties contained under this section. 28.2 Motorized Scooters shall only be operated on: (a) Pedestrian Facility; or (b) Bicycle Facility; or (c) the right hand portion of a Highway surface as close as reasonably possible to

an adjacent Curb or Boulevard in locations where there are no Sidewalks for public use.

28.3 Persons operating Motorized Scooters shall: (a) place a brightly coloured flag attached to a semi-flexible pole of no less than one

half (0.5) metre and no more than one (1) metre in length; (b) attach an audible warning device to such scooter; (c) not obstruct entrances or exits to any building; and (d) pass Pedestrians only when safe to do so.

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Cyclists 29.1 A Person operating a bicycle or Cycle on a Highway or within a Bicycle Facility:

(a) must dismount when using a Sidewalk, unless otherwise directed by a Traffic Control Device;

(b) must dismount to cross a Highway, unless at a Crosswalk marked with Elephants’

Feet; (c) on a Roadway, must ride as near as practicable to the right side of the Roadway,

unless turning left or as otherwise directed by a Traffic Control Device; (d) must not perform or engage in any acrobatic or other stunt; (e) must not ride other than on or astride a regular seat of a Bicycle; and (f) must not use the Bicycle to carry more persons at one time than the number for

which it was designed and equipped.

29.2 A Person is not required to ride a Bicycle on any part of a Highway that is not paved. Small Wheeled Transport (SWT) 30.1 A Small Wheeled Transport user on a Highway:

(a) must dismount when using a Sidewalk, unless otherwise permitted by a Traffic Control Device;

(b) must dismount to cross a Highway, unless at a Crosswalk marked with Elephants’

Feet; (d) on a Roadway, must ride as near as practicable to the right side of the Roadway,

unless turning left or as otherwise directed by a Traffic Control Device; (e) must travel at a rate of speed that is appropriate, taking into account the ability

and skill of the Small Wheeled Transport user, the surface being travelled upon, and other Persons using the Highway;

(f) must not perform or engage in any acrobatic or other stunt on a Highway; and (g) must not ride in any position other than standing except for children under thirteen

(13) years of age operating a bicycle or Cycle.

Cyclists and Small Wheeled Transport (SWT) 31.1 A Person must not ride a bicycle, Cycle or use Small Wheeled Transport on a Highway

or Bicycle Facility:

(a) while wearing headphones over or in close proximity to both ears;

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(b) between one half hour (1/2) after sunset and one half hour (1/2) before sunrise

without turning on and maintaining the use of the following equipment:

(i) a lighted lamp mounted on the front and, under the normal atmospheric conditions, capable of displaying a white light visible at least one hundred fifty (150) metres in the direction of the Bicycle or Small Wheeled Transport is pointed;

(ii) a red reflector of a make or design approved by the Insurance Corporation

of British Columbia; (iii) a lighted lamp, mounted and visible to the rear, displaying a red light.

(c) without due care and attention or without consideration for other Persons using the Highway.

31.2 A Person must not Park a bicycle, Cycle or Small Wheeled Transport in a manner that

obstructs the flow of Traffic.

31.3 A Person must not operate a Bicycle or Cycle, ride as a passenger on a Bicycle or Cycle, or use a Small Wheeled Transport on a Highway unless that person is properly wearing a bicycle safety helmet that meets the standards of the Bicycle Safety Helmet Standards Regulation under the Motor Vehicle Act.

31.4 A parent of guardian of a Person under the age of sixteen (16) years must not authorize

or knowingly permit the Person to operate a bicycle, Cycle or use a Small Wheeled Transport, or to ride as a passenger on a bicycle, Cycle or Small Wheeled Transport, if the Person is not properly wearing a bicycle safety helmet that meets the standards of the Bicycle Safety Helmet Standards Regulation under the Motor Vehicle Act.

31.5 Subsections 30.3 and 30.4 do not apply to Persons who are exempted from wearing a

bicycle safety helmet under the Bicycle Safety Helmet Standards Regulation under the Motor Vehicle Act.

Multi-Use Paths (MUP) 32.1 A Person operating a bicycle, Cycle, Motorized Scooter or using a Small Wheeled

Transport on a Multi-Use Pathway:

(a) must comply with the direction or regulations appearing on any Traffic Control Device relating to the Multi-Use Pathway;

(b) must yield the right of way to any Pedestrian; (c) must operate the bicycle, Cycle, Motorized Scooter or use the Small Wheeled

Transport as near as practicable to the right side, except when overtaking and passing a Pedestrian, cyclist, or Small Wheeled Transport or Motorized Scooter user;

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(d) must use a horn or bell, or verbally notify the other users of the Multi-Use Pathway

prior to overtaking and passing any of the users, proceeding in the same direction; and

(e) must ride at a moderate rate of speed, and without interfering with or endangering

any others using the Multi-Use Pathway. PART VI – HIGHWAY USE, REGULATIONS AND PERMITS Access Permit 33.1 A Person must not, without first obtaining an Access Permit from the City Engineer:

(a) ride, drive, lead, move or propel any Vehicle or animal in excess of two-hundred seventy (270) kilograms over or across a Boulevard including any Curb, Active Transportation Corridor, or ditch;

(b) construct a new Access; (c) replace or modify an existing Access, or (d) continually utilize that portion of a Boulevard designated for the installation of a

Parking Meter and that portion of a Highway dedicated for the use of a Parking Meter Space.

unless the Access was approved through a Building Permit.

33.2 An Owner of Real Property may apply for an Access Permit by submitting a written application to the City Engineer, in a form approved by the City Engineer, together with any applicable fees and securities established in the Fees and Charges Bylaw.

33.3 On receiving a complete application, together with payment of all required fees, the City

Engineer will consider the application for an Access Permit, if satisfied that the proposed Access complies with the requirements of all applicable bylaws of the City, the Engineer may issue an Access Permit to the Owner of the property benefitting from the Access.

33.4 The Owner of the benefitting property shall be solely responsible to pay:

(a) the costs of construction, replacement, modification or decommissioning of the Access, as applicable, and all associated expenses;

(b) if a new Access makes an existing Access unnecessary, all cost and expenses

associated with closure of the existing Access; and (c) any and all actual costs and expenses incurred by the City for moving Parking

Meters, street lights and Traffic Control Devices to accommodate the Access.

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33.5 Where an Owner of Real Property applies for an Access Permit to continually utilize that

portion of a Sidewalk for the passage of vehicular traffic which was designated for the installation of a Parking Meter including that portion of the Highway that was dedicated for the use of a Parking Meter Space, the owner shall:

(a) complete the application for the Access Permit to the satisfaction of the City

Engineer containing the following information: (i) name, address and contact information of the Person or business

requesting the Access Permit; and (ii) the exact location of the Metered Space (iii) the intended purpose and rationale for requiring the Access. (b) pay to the City, the Access Permit Fee prescribed in the Fees and Charges

Bylaw; and (c) pay to the City, a monthly Access fee for each Metered Space utilized by the

owner for Access, as prescribed in the Fees and Charges Bylaw.

Road Occupancy Permit 34.1 Except as specifically authorized by the City Engineer through the issuance of a Road

Occupancy Permit, a Person must not:

(a) excavate in or under a Highway, or break up, cause damage to or remove any part of a Highway, including road surface and Curb alterations;

(b) dig up, cause damage to, remove or plant Trees or vegetation on a Highway; (c) cause damage to, alter or remove any fence, Traffic Control Device or sign or

other structure or thing placed by the City on a Highway; (d) change the level of a Highway in any manner whatsoever; (e) stop the flow of water through any ditch, drain, sewer or culvert on, through or

under a Highway, or allow effluent from a ditch, drain, sewer or culvert to foul, cause damage, injury or nuisance to or on a Highway;

(f) place asphalt or any other material within the gutter line of a Highway that would

obstruct or alter the flow of surface drainage; (g) construct, maintain or align a ditch, sewer or drain or other utility on any portion

of a Highway; (h) place, install construct or maintain any loading platform, skids, rails, mechanical

devices, signs, buildings or other structures or things on a Highway;

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(i) mark, imprint, obscure or deface, in any manner whatsoever, a Highway or

structure placed by the City thereon; (j) erect or maintain any sign, advertisement or guide-post on or over any Highway; (k) operate track Vehicles on a Highway; or (l) obstruct or interfere with the flow of Traffic, or attempt to control or detour Traffic

on any Highway, whether in person or by use of signs, barricades or other obstruction, unless the person is authorized under subsection 5.1 Emergency Control of this Bylaw.

Special Event Permit 34.2 Except as specifically authorized by the City Engineer through the issuance of a Special

Event Permit, a Person must not occupy City Highways, Streets, or right of ways including City Sidewalks and Boulevards for the purpose of holding:

(a) Parades; (b) markets; (c) sporting events; (d) sidewalk sales; or (e) events of a similar nature to those listed in paragraphs (a) through (d).

34.3 A Person may apply to the City Engineer for a Road Occupancy Permit or Special Event

Permit, in a form approved by the City Engineer. Every application must include:

(a) accurate plans and specifications for any new works to be undertaken, including but not limited to any maps indicating location, street names, traffic control and barricades, route and direction of events and vendor locations;

(b) information about the proposed work, activity or thing that the City Engineer

considers relevant to applicable conditions and requirements; (c) information about Traffic impact and road closures, including a Traffic Control

Plan; (c) proof of insurance that meets the requirements and conditions established in

Schedule C, to cover all aspects of the road occupation and special event use from its date of commencement and for as long as the occupation and use continues;

(d) payment (when required) of applicable fees as established in the Fees and

Charges Bylaw; and (e) payment of deposits and securities required by the City Engineer.

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34.4 On receiving a complete application, together with payment of applicable fees and

securities, and if satisfied that the proposed use is in accordance with this Bylaw, the City Engineer may issue the Road Occupancy Permit or Special Event Permit. As condition of the Permit the City Engineer may impose terms, restrictions and requirements to ensure the use will continue to be compliant with this Bylaw and other applicable Bylaws.

34.5 The City Engineer may suspend, revoke or cancel a Road Occupancy Permit or Special

Event Permit, immediately or upon notice, if:

(a) the Permit holder contravenes this or another applicable bylaw, (b) the Permit holder contravenes any term or condition of the Permit, and the City Engineer may impose restrictions and requirements as a condition of reinstating or reissuing the Permit to remedy the contravention and ensure continuing compliance.

34.6 A Person holding a Road Occupancy Permit or Special Event Permit, or conducting work

or activity under the Permit, must ensure that the work or activity conforms in every way to the information provided to the City Engineer and as authorized under the Permit.

34.7 Following completion of the work or activity under a Road Occupancy Permit, the Permit

holder must provide the City Engineer with a plan, drawn to scale, accurately showing the location, size and description of installations or work or activity affecting the Highway, and the date of installation. This information must be provided prior to any return or refund of a deposit or other security posted as a condition of the Permit.

Heavy Loads 35.1 The Director of Public Works may make orders from time to time as deemed necessary

to temporarily limit the weight of loads carried by Vehicles on any Highway or bridge other than an Arterial Highway. A Person operating a Vehicle carrying weight in excess of that limit must obey any such order.

35.2 Except for Highways or portions thereof that are designated by Traffic Control Devices,

Truck Routes in the City include Collector Roads and Arterial Roads as identified by the Director of Public Works.

35.3 A Person must not operate a Heavy Truck on a Truck Route except to serve a property

along that route that has no viable Access from an alternative Highway. 35.4 A Person must not Operate a Heavy Truck on any Highway other than a Truck Route at

any time except: (a) to collect or deliver goods or materials; or (b) while proceeding to or from the business premises of the Heavy Truck Owner or

Operator; or

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(c) while proceeding to or from any premises licensed for the purpose of dispensing

fuel or carrying out mechanical repairs.

and in any of these circumstances, by using the most direct route from the point of collection, or delivery, to or from the nearest Truck Route.

35.5 A Person must not Operate a Heavy Truck on a Highway within a Residential Zone

between the hours of 7:00 p.m. and 7:00 a.m. unless the Highway, or portion thereof, is a Truck Route.

Extraordinary Traffic 36.1 A Person must not Operate a Vehicle having a Gross Vehicle Weight, dimension, axle

load or tire load in excess of the limits prescribed in the Commercial Transportation Act, except as authorized by an Overload/Oversize Permit issued by the City Engineer and in compliance with the terms, conditions, restrictions and requirements of the Permit.

36.2 A Person must not transport a modular or mobile home on a Highway except as

authorized by an Overload/Oversize Permit issued by the City Engineer and in compliance with the terms, conditions, restrictions and requirements of the permit.

36.3 A Person may apply to the City Engineer, in a form approved by the City Engineer, for

an Overload/Oversize Permit. The applicant must pay applicable fees, established in the Fees and Charges Bylaw and if required by the City Engineer, provide security in the form of a certified cheque or irrevocable letter of credit to secure payment to the City to cover all costs and expenses incurred by the City in repairing or reconstructing any part of a Highway or other property of the City that is damaged by the operation of the Vehicle or Vehicles for which the permit is granted.

36.4 On receiving a complete application together with applicable fees and insurance

requirements, and if satisfied that the proposed activity will not present a significant risk to the public safety or to the condition of the Highways, and that the security is appropriate in the circumstances, the City Engineer may issue an Overload/Oversize Permit. As a condition of the Permit the City Engineer may impose terms, restrictions, and requirements to ensure public safety and protection of Highways.

36.5 The City Engineer may suspend, revoke or cancel an Overload/Oversize Permit if the

Permit holder contravenes this Bylaw, or any term or condition of the Permit, and may impose restrictions and requirements as a condition of reinstating or reissuing the Permit to remedy the contravention and ensure continuing compliance.

36.6 The Operator of a Vehicle for which an Overload/Oversize Permit has been issued must

carry the Permit in the Vehicle at all times that it is Operated on a Highway, and must present the Permit when requested to do so by a Bylaw Services Officer of Police Officer.

Load Restrictions 37.1 When seasonal weather events or Roadway conditions exist that cause the City

Engineer or Director of Public Works to be concerned for the strength of Roadways or other portions of Highway within the City, the City Engineer or Director of Public Works

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may order Load Restrictions. These Load Restrictions may be consistent with seasonal road restrictions directed by the Ministry of Transportation and Infrastructure for the area surrounding the City, including limiting Vehicles to within fifty (50) to seventy (70) percent of legal axle loading otherwise allowable under the Commercial Transportation Act.

37.2 Every Owner and Operator of a Vehicle described in a Load Restriction must comply

with all restrictions, conditions and requirements set out in an order under subsection 36.1 of this Bylaw, from the date that the order is posted until it is no longer in effect.

Responsibility for Use and Occupation of City Property 38.1 A Person holding an Access Permit, Overload/Oversize Permit, Road Occupancy Permit

or Special Events Permit must:

(a) ensure that all conditions, terms, restrictions and requirements of the Permit are fully complied with;

(b) promptly notify the City Engineer of:

(i) any contravention of the Permit; (ii) any accident or emergency incident; and (iii) any injury to Persons or property or loss or damage to property related to

and occurring during the use and occupation of the Highway; and

(c) be solely responsible for any costs and expenses resulting to the City in repairing or replacing property injured or damaged by the use of occupation of the Highway for which the Permit was issued.

Materials on Highway 39.1 A Person must not place, or cause or allow to be placed, any petroleum products, lumber,

merchandise, soil, gravel, snow, Rubbish or Chattel of any nature on a Highway except as specifically authorized in writing by a Road Occupancy Permit, or other permit issued under this Bylaw or under another applicable bylaw of the City.

Vehicle Tires 40.1 A Person must not drive or Operate on any Highway a Vehicle having wheels, tires or

tracks constructed or equipped with projecting spikes, cleats, ribs, clamps, flanges, lugs or other attachments or projections which extend beyond the tread or traction surface of the wheel, tread or track, except when required for safety and winter studded tires pursuant to the Motor Vehicle Act.

Off Road Vehicles 41.1 No Person shall operate the following Vehicles upon any public Street, Highway or

Roadway:

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(a) All Terrain Vehicles (b) Off Road Side-By-Side Vehicles; (c) Snowmobiles. except as specifically authorized under the Off Road Vehicle Act and Off Road Vehicle

Regulation.

Weighing Vehicles 42.1 At the direction of a Police Officer, a Bylaw Services Officer, City Engineer or Director of

Public Works, the Operator of a Vehicle on a Highway must:

(a) stop the Vehicle at the time and place specified by the officer for the purpose of: (i) weighing the whole or part of the Vehicle by means of stationary or

portable scales; (ii) measuring dimensions of the Vehicle; (iii) measuring and inspecting the tires or the load of both; (iv) or for any other purpose of this Bylaw. (b) if stopped and upon request, produce the official registration showing the

maximum weight of the Vehicle; and (c) rearrange the load upon the Vehicle or removal all or part of the load from the

Vehicle in order to comply with this Bylaw, or any Load Restrictions or other order of the City Engineer or Director of Public Works in effect at the time, before continuing to operate the Vehicle.

42.2 If the Operator does not produce the official registration certificate showing the weight of

the Vehicle, and the Police Officer, Bylaw Services Officer, City Engineer or Director of Public Works determines that the Vehicle is on a route other than an authorized Truck Route, the Operator may be ordered to drive the Vehicle to the nearest public or government stationary or portable scales to weigh the Vehicle and load, and the Operator must promptly comply.

PART VII – MAINTENANCE AND USE OF BOULEVARDS 43.1 Boulevard Area Use including Access shall be permitted only under the following: (a) as an approved Sidewalk Patio Use; (b) as approved by the City Engineer through a permit issued under this Bylaw.

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43.2 When a Boulevard is abutting or is next to the front, back or sides of an Owner’s Real

Property, such property Owner must:

(a) keep grass or weeds on the Boulevard trimmed to a height of not more than twenty (20) centimetres;

(b) keep such Boulevard, including any Sidewalk, free of brush, Noxious Weeds,

Snow and Ice, Rubbish, litter, leaves or debris and in a tidy condition; (c) maintain the height and width of any shrubs or Non-standard Landscaping

(excluding City planted Trees which are maintained by the City), below a maximum height of one-half (0.5) metre from the Boulevard level, trimmed to prevent growth over an adjacent Sidewalk, Curb or Roadway;

(d) maintain a minimum one (1) metre clearance for shrubs, hedges or vegetation

from any fire hydrant or fire hydrant valve; (e) ensure landscaping does not interfere with any Sight Triangle, as per Section

16.1, and (f) comply with any order of the City Engineer to remove or mitigate any landscaping

or conditions on the Boulevard that are considered to be a traffic safety hazard by the City Engineer.

43.3 The obligations to maintain the Boulevard as specified in Section 43.2 do not apply where

in the written opinion of the City Engineer, the property Owner is unable to access the Boulevard due to steep grades or the size of the Boulevard is unreasonably large for the property Owner to maintain. This exception does not apply if the Owner has altered the site to the detriment of maintenance or Access.

43.4 Non-standard Landscaping is permitted on a Boulevard, under the following conditions:

(a) the property Owner is responsible for locating the property line as well as all underground utilities prior to digging;

(b) the property Owner is solely liable for any claims regarding injury or hazard that

may be created due to Non-standard Landscaping; (c) shrubs and plant materials must be drought tolerant and maintained to a height

less than one-half (0.5) metre above the Boulevard level; (d) Noxious Weeds or invasive plants are not permitted; (e) if the Boulevard is located next to on-street parking, the Boulevard landscaping

must not interfere with the ability of a Person to open Vehicle doors or to exit Vehicles;

(f) decomposable mulches are permitted;

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(g) hedges, rocks or gravel must not be placed on the Boulevard adjacent to a

Roadway, Curb or a Sidewalk, except:

(i) gravel placed by City personnel on the Boulevard for the purposes of drainage;

(ii) where a Sidewalk is present, gravel that is no larger than two and one-

half (2.5) centimetres in diameter may be placed between the Sidewalk and an adjacent property line, provided that the gravel is at least two and one-half (2.5) centimetres below the level of the Sidewalk to prevent spillage on to the Sidewalk;

(iii) where a Curb is present, gravel that is no larger than two and one-half

(2.5) centimetres in diameter may be placed between the Curb and an adjacent property line, provided that the gravel is at least two and one-half (2.5) centimetres below the level of the Curb to prevent spillage on to the Roadway; or

(iv) unless otherwise permitted in writing by the City Engineer.

(h) the landscaping treatment must not fill in or interfere with utilities, ditches, swales, gravel strips or drainage structures;

(i) permanent structures, such as retaining walls, fencing or private signs must not

be placed or installed on the Boulevard; (j) trees are not permitted to be planted on any boulevard, unless otherwise

permitted in writing by the City Engineer; (k) all landscaping placed on the Boulevard may be removed by the City at any time

and without notice, and may not be replaced, except soil and grass; and (l) the City is not responsible for damages to Boulevard landscaping, including

underground irrigation, due to road maintenance, road reconstruction, Sidewalk maintenance or Sidewalk repair activities.

43.5 If the Person at whose expense the compliance is carried out under section 46 does not

pay the costs incurred by the City to effect the compliance on or before December 31st in the year that the compliance was effected, the costs may be added to and form part of the taxes payable on the Real Property taxes in arrears in accordance with the Community Charter.

PART VIII - IMPOUNDMENT, ENFORCEMENT, COST RECOVERY AND PENALTIES

Impoundment and Recovery of Vehicle 44.1 A Police Officer, Bylaw Services Officer, Parking Meter Attendant, City Engineer or

Director of Public Works may move or cause to be moved, seize or cause to be seized, detain or impound or cause to be detained or impounded and taken to and stored in a

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safe and suitable place any Vehicle, Trailer, Chattel or thing under any one of the

following circumstances:

(a) in violation of any provision of this Bylaw; (b) in a position that causes it to obstruct or interfere with an Emergency Vehicle or

equipment; (c) in a position that causes it to obstruct or interfere with the normal flow of Traffic; (d) in a position that causes interference with the construction, improvement,

maintenance, snow removal, street cleaning, alteration, extension, widening, marking or repair of a Highway;

(e) apparently left on a Highway, public place or other public right-of-way for a period

exceeding seventy-two (72) hours; (f) without a current license plate or decal, as required by law; (g) without a valid permit where a permit is required; (h) in a position where it causes interference with a Special Event or any other permit

issued by the City.

44.2 The driver, Owner or Person in charge of the Vehicle, Trailer or Chattel, must move the Vehicle, Trailer or Chattel when requested, to the position determined by the Police Officer, Bylaw Services Officer, City Engineer or Director of Public Works.

44.3 A Vehicle seized, detained or impounded under this Section will not be disposed of: (a) If there is a record of the Vehicle in the records of the Insurance Corporation of

British Columbia (ICBC), or there is other evidence of ownership on the Vehicle, unless:

(i) notice in writing is given by registered mail to the last Owner in the records

of ICBC, or to the Person whose apparent ownership is evidenced; (ii) fourteen (14) days have elapsed since the mailing of the notice; and, (iii) no Person has appeared who has established a claim to the Vehicle, paid

the costs of removal and taken custody of it; or, (b) In any other case. unless: (i) seven (7) days have elapsed since the removal; and (ii) no Person has appeared who has established a claim to the Vehicle, paid

the costs of removal, and taken custody of it.

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44.4 A Vehicle, Trailer or Chattel impounded under this Bylaw must pay the applicable fees

as established under the Fees and Charges Bylaw. 44.5 The expenses incurred in the removal or disposal of a Vehicle, Trailer or Chattel under

this section, less the proceeds, if any, of disposal are recoverable as debt due to the City or its contractors and authorized agents from the Person who placed or Parked the Vehicle, Trailer or Chattel in violation of this section or authorized the placement or Parking of the Vehicle, Trailer or Chattel.

Enforcement and Penalty 45.1 The City Engineer, the Director of Public Works or a Bylaw Services Officer may at all

reasonable times and in a reasonable manner, enter on any Real Property to inspect and determine whether all provisions of this Bylaw and any permit issued under this Bylaw are being met.

45.2 The City Engineer or Director of Public Works may arrange for work to be carried out in

default of an order being met by the Person to whom the order was directed. 45.3 This Bylaw may be enforced by a Police Officer, Bylaw Services Officer, Parking Meter

Attendant, Director of Public Works, or the City Engineer The issuance of a ticket or Bylaw Notice, or proceeding under the Offence Act does not preclude the City from enforcement and remedy by other proceedings available to it by law.

45.4 The payment of a fine or other penalty imposed under this Bylaw does not relieve a

Person from paying amounts owing to the City under the Fees and Charges Bylaw or any other bylaw in relation to the contravention or offence.

45.5 Every Person who:

(a) contravenes or violates any provision of this Bylaw; (b) causes, permits, suffers or allows any act or thing to be done in contravention or

violation of any provisions of this Bylaw; (c) neglects or fails to do anything required to be done by any of the provisions of

this Bylaw; commits an offence and each day that the offence continues constitutes a separate offence.

45.6 A person convicted of an offence or found guilty of a contravention under this Bylaw is liable:

(a) if proceedings are brought under the Offence Act, to pay a fine to a maximum of

$50,000 and such other amounts as the Court may impose in relation to the offence;

(b) if a ticket is issued under the Municipal Ticket Information Bylaw, to pay a fine to

a maximum of $1,000;

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(c) if a Bylaw Notice is issued under the Bylaw Notice Enforcement Bylaw, to pay a

penalty to a maximum of $500 as authorized under the Local Government Bylaw Notice Enforcement Act.

Action by City in Default and Cost Recovery

46.1 In addition to any penalty or fees which may be incurred under this Bylaw, if an Owner

and occupier of Real Property fails to comply with an order delivered under this Bylaw, the City by its employees or contractors may enter on the Real Property and effect the compliance specified in the order or notice at the expense of the Owner or other Person to whom the order is directed. The amounts incurred by the City in so doing become a debt owed to the City. In addition to other methods of collecting debts owed, if such debt is not paid in full by December 31st of the year that compliance was effected, the amount may be collected from the Owner of the Real Property as for property taxes in arrears.

Responsibility Of Owner 47.1 The Owner of a Vehicle shall incur the penalties provided for any violation of this Bylaw

with respect to any Vehicle owned by him unless at the time of such violation the vehicle was in the possession of some Person other than the Owner without the Owner’s consent; but nothing in this Section shall relieve the Operator of a Vehicle not being the Owner, from incurring the penalties provided for such violation;

47.2 The onus of establishing that the Vehicle was in possession of some Person other than the Owner rests with the Owner.

PART IX – SCHEDULES

48.1 The following Schedules form part of this bylaw:

(a) Schedule A - Sight Triangle (b) Schedule B - Snow Removal Exemption (c) Schedule C – Insurance Requirements

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PART X – REPEAL AND ADOPTION 49.1 The following City of Cranbrook Bylaws and all amendments thereto are hereby repealed:

• Streets and Traffic Bylaw No. 3021, 1991

• Parking Meter Bylaw No. 3027, 1991 Read a first time this day of , 2021 Read a second time this day of , 2021 Read a third time this day of , 2021 Adopted this day of , 2021 ___________________________________

Mayor

___________________________________

City Clerk

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SCHEDULE “A”Sight Triangle

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·(©

K

2 STREET S

2 STREET N

3 STREET S

KOOTE

NAY ST

REET N

4 STREET N

8 STREET N

6 STREET N 24 AV

ENUE

N

VICTO

RIA A

VENU

E N

14 AV

ENUE

S

12 STREET N

VICTO

RIA A

VENU

E S

CRANBR

OOK STREE

T N17

AVEN

UE N

21 AV

ENUE

S

24 AVENUE S

1 STREET S

16 AV

ENUE

N

14 AV

ENUE

N

23A A

VENU

E N

COLL

EGE W

AY

21 AV

ENUE

N

BAKER STREET

16 AV

ENUE

S

15 AV

ENUE

S

3A STREET S

18 AV

ENUE

N

PRIVA

TE

17 AV

ENUE

S

INDUS

TRIAL

ROAD

"1"

23 AV

ENUE

N

20 AV

ENUE

S

6 STREET NW

7 STREET N

5 STREET N

18A A

VENU

E N

MALL

ACCE

SS

1A STREET S

22 AV

ENUE

N

UNNAMED

2A STREET S

MCLE

ARY C

RESC

ENT

19 AV

ENUE

S

18 AV

ENUE

S

23 AV

ENUE

S

ANDERSON CRESCENT

KOOTENAY PLACE

KOKANEE DRIVE

PRIVA

TE

21 AV

ENUE

S

23 AV

ENUE

S22

AVEN

UE N

23 AV

ENUE

N

4 STREET N

21 AV

ENUE

N

UNNAMED

24 AVENUE N

3 STREET S

17 AV

ENUE

N

CRANBROOK STREET N

17 AV

ENUE

S

23 AV

ENUE

N

22 AV

ENUE

N

21 AV

ENUE

N

3A STREET S

5 STREET N

2A STREET S

Mt Baker Sr High School

Laurie Jr High School

Steeples Elementary School

Baker Park

Balment Park

Lionsview Park

McLeary Park

Muriel Baxter Off-Leash Dog Park

McKinnon Rotary Park

Kinsmen Splash Pad

Kinsmen Quad Ballpark

0 150 30075 Meters

.

1:5,000Projection: UTM ZONE 11N NAD 83

DISCLAIMER:This map is for general purposes only. The City of Cranbrook makes no warranties regarding the accuracy of the suitability of the map for any purpose. This map is not for navigation or legal purposes. The City of Cranbrook will not be liable for any damage, loss or injury resulting from the use of the map or information on the map and the map may be changed at any time.Date: March 08, 2021

LegendExempt SidewalksRotary Way Golf CourseSchoolPark

Snow Removal Exemption

p

^

^Wycliffe

Cranbrook

¥¦3+93

¥¦93+95

¥¦3+95

Inset Map

Area of Interest

VICTO

RIAA

VENU

EN

Schedule "B"

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SCHEDULE “C”

Insurance Requirements

1. The applicant for any of the permits listed below, must provide proof of insurance, in

advance of a permit being issued:

• Access Permit

• Oversize/Overload Permit

• Road Occupancy Permit

• Special Event Permit

2. Insurance policies must consist of $2 million liability, with the City of Cranbrook named

as additionally insured.

3. Insurance policies shall be maintained continuously from commencement of the work,

services and/or occupancy until the date that work, services and/or occupancy is

complete.

4. Insurance policies must not be cancelled without providing the City of Cranbrook 30

days advance notice, in writing.

5. A contractor shall require each of its sub-contractors to provide proof of comparable

insurance.

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COUNCIL REPORT

FILE NO. 3900.20.4045


TITLE:

Fees and Charges Amendment Bylaw No. 4045, 2021

PREPARED BY:


DEPARTMENT:


PURPOSE:

To obtain Council approval of the Fees and Charges Amendment Bylaw which authorizes fees related to parking and permits issued through the proposed Streets, Traffic and Parking Bylaw.


1. THAT Council give first reading to the Fees and Charges Amendment Bylaw No. 4045, 2021

2. THAT Council give second reading to the Fees and Charges Amendment Bylaw No. 4045, 2021

3. THAT Council give third reading to the Fees and Charges Amendment Bylaw No. 4045, 2021

BACKGROUND INFORMATION: The Fees and Charges Amendment Bylaw No. 4045, 2021 proposes to replace Schedule C Parking Meter and Permit Fees. Existing parking meter rates and penalties were established in the Parking Meter Bylaw No. 3027, 1991 which upon adoption of the Streets, Traffic and Parking Bylaw No. 4044, 2021, will be repealed. Staff have conducted comparisons with several municipalities and based on findings, propose the following fee changes: 1. Commercial Use Parking Permits - increased to $100.00 per year. 2. Loading / Taxi Zones - records indicate that no permits have been issued, staff propose removing. 3. Crossing Zones - staff propose removing. These will now be covered under an Access Permit plus the costs of monthly rental of a metered space. 4. Rental of Metered Stalls - The daily, weekly and monthly rates of the rental of Parking Meter stalls remain unchanged at $10.00, $40.00 and $100.00 respectively. 5. Parking Meter Rates - Staff recommend rates remain unchanged until the entire downtown parking structure is reviewed under the Downtown Master Plan. 6. Access Permit, Road Occupancy Permit, Overload/Oversize Permit - fees for permits are proposed at $50.00 each.

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COUNCIL REPORT – FEES AND CHARGES AMENDMENT BYLAW NO. 4045, 2021 7. Special Event Permit - no fee proposed. 8. Impounding and Removal Fee - $150.00 proposed fee. This fee will cover administrative costs and fees associated with impounding or removing vehicles or chattels. Pending Council giving three readings to the proposed Streets, Traffic and Parking Bylaw No. 4044, 2021, Council may consider three readings of this amendment bylaw and the Municipal Ticketing Information System Amendment Bylaw No. 4046, 2021 ALTERNATIVE: That Council not approve the proposed Fees and Charges Amendment Bylaw No. 4045, 2021 as presented. BUDGETARY IMPACT: Nil POLICY IMPLICATION: The changes proposed in the Fees and Charges Amendment Bylaw align with the proposed Streets, Traffic and Parking Bylaw No. 4044, 2021 STRATEGIC PLAN ALIGNMENT: This amendment bylaw aligns with Council's goal of 3.1.1 Effective Government (b) Review and update bylaws and governance policies, identified in the Strategic Plan. ATTACHMENTS: Fees & Charges Amendment Bylaw 4045, 2021 Draft SCHEDULE C_Parking Meter and Permit Fees Approved By: Status: Ron Fraser, Director of Engineering and Development Services



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4045

FEES AND CHARGES AMENDMENT BYLAW

A bylaw to provide for the amendment of the “City of Cranbrook Fees and Charges Bylaw No. 3832, 2015”.

The Municipal Council of the Corporation of the City of Cranbrook, in open meeting assembled, enacts as follows:

1. THAT this bylaw may be cited as the “City of Cranbrook Fees and Charges Amendment

Bylaw No. 4045, 2021”.

2. That Schedule C - PARKING METER AND PERMIT FEES be deleted in its entirety and replaced with the attached Schedule C.

Read a first time this day of , 2021.

Read a second time this day of , 2021.

Read a third time this day of , 2021

Adopted this day of , 2021.

Mayor

City Clerk

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SCHEDULE "C"

PARKING METER AND PERMIT FEES

DESCRIPTION FEE PLUS APPLICABLE TAXES

Commercial Use Parking Permits

(fee is per annum for each permit)

$ 100.00

Leasing a Reserved Parking Space

(fee is per month for each space)

$ 35.00

Rental of Metered Stalls:

• Daily (rate per metered space)

• Weekly (rate per metered space)

• Monthly (per metered space includes Access

Meter Removal and Replacement, If Required

$ 10.00

$ 40.00

$ 100.00

$ 15.00

Meter Rates:

• 6 minutes

• 12 minutes

• 30 minutes

• 60 minutes

$ .05

$ .10

$ .25

$ .50

Access Permit $ 50.00

Road Occupancy Permit $ 50.00

Special Events Permit No Fee

Overload/Oversize Permit $ 50.00

Impounding and Removal Fees $ 150.00

D R A F T

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COUNCIL REPORT

FILE NO. 3900.20.4046


TITLE:

Municipal Ticketing Information System Amendment Bylaw No. 4046, 2021

PREPARED BY:


DEPARTMENT:


PURPOSE:

To obtain Council approval of the Municipal Ticketing Information System (MTIS) Amendment Bylaw which authorizes penalties issued through the proposed Streets, Traffic and Parking Bylaw.


1. THAT Council give first reading to the Municipal Ticketing Information System Amendment Bylaw No. 4046, 2021

2. THAT Council give second reading to the Municipal Ticketing Information System Amendment Bylaw No. 4046, 2021

3. THAT Council give third reading to the Municipal Ticketing Information System Amendment Bylaw No. 4046, 2021

BACKGROUND INFORMATION: The Municipal Ticketing and Information System Amendment Bylaw No. 4045, 2021 proposes to replace Schedule B9 Parking Meter and Permit Fees. The existing Parking Meter Bylaw No. 3027, 1991, (which upon adoption of the Streets, Traffic and Parking Bylaw No. 4044, 2021, will be repealed) was not updated to allow ticketing under the MTIS. Current Parking Meter penalties are $5.00 if paid within 24 hours and $8.00 if paid after 24 hours. Under the current Streets and Traffic Bylaw, tickets are issued under the MTIS. When MTIS tickets are unpaid, options for collection are limited. When a ticket is unpaid and staff pursue payment through legal proceedings, the costs for court filing often exceed the cost of the ticket (with unpaid parking tickets under the current MTIS, the penalty is $25.00 and the court filing cost is $30.00 per ticket). The Bylaw Officer than has to locate and personally serve the individual and if the ticket remains unpaid it is referred to a Collection Agency which also charges for their service. Once an unpaid ticket is filed in court, the $25.00 penalty is recorded on that persons credit rating which sometimes provides incentive for payment. Staff have conducted comparisons with several municipalities and recommend the new penalties provided. Pending Council giving three readings to the proposed Streets, Traffic and Parking Bylaw No. 4044, 2021, Council may consider three readings of this amendment bylaw and the proposed Fees and Charges Amendment Bylaw No. 4045, 2021. ALTERNATIVE:

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COUNCIL REPORT – MUNICIPAL TICKETING INFORMATION SYSTEM AMENDMENT BYLAW NO. 4046, 2021

That Council not approve the proposed Municipal Ticketing Information System Amendment Bylaw No. 4046, 2021 as presented. POLICY IMPLICATION: The changes proposed in the Municipal Ticketing Information System Amendment Bylaw align with the proposed Streets, Traffic and Parking Bylaw No. 4044, 2021 STRATEGIC PLAN ALIGNMENT: This amendment bylaw aligns with Council's goal of 3.1.1 Effective Government (b) Review and update bylaws and governance policies, identified in the Strategic Plan. ATTACHMENTS: 4046, 2021 MTIS Amendment Bylaw_draft SCHEDULE B9_Streets Traffic and Parking Approved By: Status: Ron Fraser, Director of Engineering and Development Services



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4046

MUNICIPAL TICKETING INFORMATION SYSTEM AMENDMENT BYLAW

A bylaw to provide for the amendment of “City of Cranbrook Municipal Ticketing Information System Bylaw No. 3856, 2016”. The Municipal Council of the Corporation of the City of Cranbrook, enacts as follows: 1. THAT this bylaw may be cited as “Municipal Ticketing Information System Amendment

Bylaw No. 4046, 2021”. 2. THAT City of Cranbrook Municipal Ticketing Information System Bylaw No. 3856, 2016,

shall hereby be amended as follows:

(a) That Schedule B9, which is attached to and forms part of this bylaw, listing specific offences and fines applicable to the Streets and Traffic Bylaw be deleted in its entirety and replaced with the attached Schedule B9.

Read a first time this day of 2021.

Read a second time this day of 2021.

Read a third time this day of 2021.

Adopted this day of 2021.

__________________________________ Mayor __________________________________ City Clerk

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Page 1 of 8

SCHEDULE B9

Column 1 Column 2 Column 3

STREETS, TRAFFIC AND PARKING BYLAW NO. 4044, 2021 SECTION FINE

Failing to obey directions, prohibitions and conditions on Traffic Control Device

10.1 $50.00

Interfere with Traffic Control Device 10.2 $500.00

Failing to obey direction or signal of Officer 10.3 $500.00

Obstruction of Officer 11.1 $1000.00

Removal of ticket or notice from Vehicle or RV other than owner or operator

12.1 $50.00

Speeding contrary to Traffic Control Device 13.1 $100.00

Speeding on any Street in excess of 50km per hour 13.1(a) $100.00

Speeding on any Lane in excess of 20km per hour 13.1(b) $100.00

Noise from Vehicle 14.1 $75.00

Vegetation extending over Highway 15.1 $75.00

Structure, vegetation etc. contrary to Sight Triangle 16.1 $75.00

Failure to remove snow and ice on sidewalks bordering property

17.1 $50.00

Allowing snow and ice to migrate from property onto Roadway or Active Transportation Corridor

17.4 $75.00

Placing snow or ice from one Roadway to another 17.6 $75.00

Failure to remove snow, ice or rubbish from roof that may present danger

17.7 $75.00

Allowing snow or ice buildup on Sidewalk due to water discharged from property

17.8 $75.00

Temporary Parking Ban - parking in excess of 12 hours after notice received of Temporary Parking Ban

17.9(a) $100.00

Temporary Parking Ban - parking once Temporary Parking Ban has been declared

17.9(b) $50.00

Unlawful occupation of Highway once Parking Ban is in effect 17.9(b) $100.00

Panhandling - under 10m to Savings Institution 18.1(a) $30.00

Panhandling - under 10m to automated teller machine 18.1(b) $30.00

Panhandling - under 10m to a bus stop or bus shelter 18.1(c) $30.00

Panhandling - under 10m to Liquor store or cannabis dispensary

18.1(d) $30.00

Panhandling - under 10m to entrance of shopping mall 18.1(e) $30.00

Panhandling - under 10m to outdoor terrace or patio of restaurant, pub, café or similar establishment

18.1(f) $30.00

Panhandling - under 10m to entrance of gas station 18.1(g) $30.00

Panhandling - under 10m to grocery store 18.1(h) $30.00

Panhandling - impede or obstruct the ability of a person entering or exiting residence or business

18.2(a) $50.00

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Page 2 of 8



Panhandling - impede or obstruct the convenient passing of traffic along sidewalk or highway

18.2(b) $50.00

Panhandling - from occupant of a parked Vehicle 18.3(a) $30.00

Panhandling- from occupant of Vehicle stopped at Traffic Control Device

18.3(b) $30.00

Panhandling - from occupant of Vehicle loading or unloading passengers

18.3(c) $30.00

Sitting or lying upon street while Panhandling 18.4 $50.00

Panhandling - touching any Person 18.5(a) $100.00

Panhandling - using foul, abusive or threatening language 18.5(b) $100.00

Panhandling - continuing to Panhandle or following Person who has refused or declined to give anything to Panhandler

18.5(c) $100.00

Panhandling - on private property without owner consent 18.6 $50.00

Panhandling - outside specified time of day 18.7 $30.00

Parking or stopping - contrary to Traffic Control Device 19.1(a) $50.00

Parking or stopping - obstruct visibility of Traffic Control Device 19.1(b) $50.00

Parking or stopping - on Highway or municipal property without valid number plates, decal or insurance

19.1(c) $200.00

Parking or stopping - to obstruct normal flow of Traffic 19.1(d) $40.00

Parking or stopping - on a two-way Roadway other than with right hand wheels parallel to that side

19.1(e) $40.00

Parking or stopping - on an Active Transportation Corridor 19.1(f) $40.00

Parking or stopping - adjacent to a Curb painted yellow 19.1(g) $40.00

Parking or stopping - double parked 19.1(h) $40.00

Parking or stopping - upon Highway or Municipal property displaying vehicle for sale

19.1(i)(i) $40.00

Parking or stopping - upon Highway or Municipal property while advertising, greasing, painting, washing, wrecking or storing or repairing,

19.1(i)(ii) $40.00

Parking or stopping - adjacent to Red Curb or within 6m on either side of a bus stop sign

19.1(j) $40.00

Parking or stopping - in a Lane 19.1(k) $40.00

Parking or stopping - adjacent to a Curb painted white 19.1(l) $40.00

Parking or stopping - upon a Highway or Roadway leaving less than 3m of the useable travelled portion of such Highway or Roadway

19.1(m) $40.00

Parking or stopping - in front of or within 1m on either side of an Active Transportation Corridor

19.1(n) $40.00

Parking or stopping - within 1m on either side of an Access 19.1(o) $40.00

Parking or stopping - on a Boulevard 19.1(p) $40.00

Parking or stopping - on a Shoulder without leaving 1.5m between Parked Vehicle and solid white line

19.1(q) $40.00

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Parking or stopping - in front of or within 3m of the entrance of a lane

19.1(r) $40.00

Parking or stopping - within 5m on either side of a fire hydrant 19.1(s) $50.00

Parking or stopping - within 6m of an intersection 19.1(t) $40.00

Parking or stopping - within 6m of approach of flashing beacon, stop sign or Traffic Control Device located on side of Roadway

19.1(u) $40.00

Parking or stopping - on paved portion of any Highway without Curbs where paved portion is 6m in width or less

19.1(v) $40.00

Parking or stopping - within 20m of the approach of a bus stop or 10m beyond a bus stop

19.1(w) $40.00

Parking or stopping - within 15m of the termination of a Dead-End Street

19.1(x) $40.00

Parking or stopping - within 30m of the approach to a marked uncontrolled Crosswalk and 15m beyond a marked Crosswalk

19.1(y) $40.00

Parking or stopping - within 15m of the nearest rail of a railway crossing

19.1(z) $50.00

Parking or stopping - within 5m of a Canada Post community mailbox, exceeding 5 minutes

19.1(aa) $40.00

Parking or stopping - on a Highway for a time exceeding 72 consecutive hours

19.1(bb) $50.00

Parking or stopping - on Highway designated as Loading Zone exceeding 5 minutes

19.1(cc) $40.00

Parking or stopping - on a Highway in a Residential Zone with GVW exceeding 5500 kg

19.1(dd) $50.00

Parking or stopping - Recreational Vehicle with GVW exceeding 5500 kg on a Highway in Residential Zone longer than 24 consecutive hours

19.1(ee) $50.00

Parking or stopping - in a Metered Space where meter is covered with an authorized bag or hood

19.1(ff) $40.00

Parking or stopping - outside the marked Metered Space for which the Parking Meter is provided for

19.1(gg) $40.00

Parking or stopping - on a Highway or a Parking Lot where Traffic Control Device indicates a Parking Permit is required, without displaying a valid Parking Permit or Parking Meter Permit

19.1(hh) $40.00

Parking or stopping - on a Highway or a Parking Lot where Traffic Control Device indicates a Parking Permit is required, without displaying a valid Parking Permit in the manner indicated on the Parking Permit

19.1(ii) $40.00

Parking or stopping - on a Highway or Parking Lot in a Metered Space governed by a Parking Meter while Parking meter face shows no time remaining

19.1(jj) $40.00

Parking or stopping - within or on a Bicycle Facility and Pedestrian Facility

19.1(kk) $40.00

Parking or stopping - upon a Highway in a manner to obstruct free movement of traffic into or out of any driveway or private road or garage joining such Highway

19.1(ll) $40.00

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Parking or stopping - Mobile Food Vendor or Mobile Retail Seller upon any Street, Highway or Boulevard for the purpose of selling, vending or retailing

19.1(mm) $40.00

Parking or stopping - upon a Highway in such a position or manner to obstruct free movement of traffic in or out of any Access

19.1(nn) $40.00

Parking on Highway an Recreational Vehicle or Trailer that is detached from a Vehicle

19.2 $40.00

Parking a Vehicle at an on-street Parking Space controlled by a Traffic Control Device for the maximum period of time allowed, after having moved the Vehicle, park within 2 hours in the same or any other Parking Space on either side of the same Block

19.3 $40.00

Obliterate or interfere with markings used to determine length of time a Vehicle remains Parked in one location

19.4 $100.00

Parking a RV or attached Trailer on Highway between the hours of 8:00 am to 4:00 pm

19.5 $40.00

Occupying a Vehicle, Recreational Vehicle or Trailer as Living Quarters while parked upon any Street or any other public place

19.6 $100.00

Unlawfully Parking a Vehicle in an Angle Parking Zone 19.7 $40.00

Parking a Vehicle in excess of 6m in length in an Angle Parking Space

19.8 $40.00

Deface or tamper with a Parking Meter 20.1 $250.00

Failing to pay prescribed amount in Metered Space during Metered Period

20.2 $40.00

Allowing Vehicle to remain in a Metered Space when the authorized Parking time has expired

20.5 $40.00

Parking in a Metered Space over 2 hours since the Vehicle last occupied that Metered Space

20.7 $40.00

Taxicabs using Metered Space in excess of 2 minutes without Deposit

20.10 $40.00

Parking - Expired Complimentary Parking Meter Permit 21.2 $40.00

Parking - Complimentary Parking Meter Permit in excess of 1 hour

21.3 $40.00

Complimentary Parking Meter Permit not displayed in manner prescribed

21.4 $40.00

Commercial Use Parking Permit exceeding 15 minutes 22.2 $40.00

Accessible Parking Permits - false application 23.1(a) $100.00

Accessible Parking Permits -mutilate or deface Permit 23.1(b) $40.00

Accessible Parking Permits - lend or transfer Permit 23.1(c) $40.00

Accessible Parking Permits - failure to display Permit 23.1(d) $40.00

Accessible Parking Permits - parking in excess of 1 hour 23.1(e) $40.00

Resident Only Parking Permit - Expired or Invalid Use 24.3 $40.00

Pedestrian - cross Roadway contrary to Traffic Control Device 27.1(a) $40.00

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Pedestrian - walk on Roadway when Pedestrian Facility accessible

27.1(b) $40.00

Pedestrian - while on a Roadway, solicit from occupant of a Vehicle a ride, employment or business

27.1(c) $40.00

Pedestrian - use of Highway without due care, attention and consideration for other Persons using Highway

27.1(d)

$100.00

Pedestrian - travelling on wrong side of Highway 27.2 $40.00

Motorized Scooters - not operating in designated areas 28.2 $40.00

Motorized Scooters - failure to display brightly colored flag 28.3(a) $25.00

Motorized Scooters - failure to attach audible warning device 28.3(b) $25.00

Motorized Scooters - obstructing entrances or exits to buildings 28.3(c) $40.00

Motorized Scooters - passing Pedestrians when unsafe 28.3(d) $40.00

Cyclists - operating in non-designated areas or on sidewalk 29.1(a) $40.00

Cyclists - failing to dismount to cross a Highway 29.1(b) $40.00

Cyclists - failing to ride on right side of Roadway 29.1(c) $40.00

Cyclists - stunting or engage in acrobatics 29.1(d) $40.00

Cyclists - failing to ride on or astride a Bicycle seat 29.1(e) $40.00

Cyclists - carrying more persons at one time than the number for which Bicycle was designed and equipped

29.1(f) $40.00

Small Wheeled Transport - failing to dismount when using a Sidewalk as required

30.1(a) $40.00

Small Wheeled Transport - failing to dismount to cross Highway 30.1(b) $40.00

Small Wheeled Transport - failing to ride on right side of Roadway

30.1(c) $40.00

Small Wheeled Transport - travelling at unsafe speed 30.1(d) $50.00

Small Wheeled Transport - stunting or engage in acrobatics 30.1(e) $50.00

Small Wheeled Transport - riding in position other than standing 30.1(f) $40.00

Cyclists & Small Wheeled Transport - riding while wearing Headphones

31.1(a) $40.00

Cyclists & Small Wheeled Transport - outside of prescribed times without prescribed equipment

31.1(b) $40.00

Cyclists & Small Wheeled Transport - riding without due care and attention and consideration for other Persons

31.1(c) $100.00

Parking a bicycle, Cycle or Small Wheeled Transport in a manner to obstruct flow of traffic

31.2 $40.00

Operating a bicycle, Cycle or Small Wheeled Transport without bicycle safety helmet

31.3 $40.00

Multi-Use Paths - Operation of bicycle, Cycle Motorized Scooter or Small Wheeled Transport failing to comply with direction or regulations on Traffic Control Device

32.1(a) $100.00

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Multi-Use Paths - Operation of bicycle, Cycle Motorized Scooter or Small Wheeled Transport failing to yield right of way to Pedestrian

32.1(b) $50.00

Multi-Use Paths - Operation of bicycle, Cycle Motorized Scooter or Small Wheeled Transport failing to operate on right hand side

32.1(c) $40.00

Multi-Use Paths - Operation of bicycle, Cycle Motorized Scooter or Small Wheeled Transport failing to use horn or bell or verbally notify other users when passing

32.1(d) $40.00

Multi-Use Paths - Operation of bicycle, Cycle Motorized Scooter or Small Wheeled Transport failing to ride at moderate rate of speed without interfering or endangering other users

32.1(e) $100.00

Access Permit - Failing to obtain permit when crossing over Boulevard or Curb contrary to bylaw

33.1(a) $200.00

Access Permit - Failing to obtain permit when constructing new Access

33.1(b) $200.00

Access Permit - Failing to obtain permit when replacing or modifying existing Access

33.1(c) $200.00

Access Permit - Failing to obtain permit when utilizing that portion of Boulevard designated for Parking Meter

33.1(d) $200.00

Road Occupancy Permit - Failing to obtain permit to excavate, break up, cause damage Highway including road surfaces and Curb alterations

34.1(a) $250.00

Road Occupancy Permit - Failing to obtain permit to dig up, remove or plant Trees or vegetation on Highway

34.1(b) $250.00

Road Occupancy Permit - Failing to obtain permit to cause damage to alter or remove any fence, Traffic Control Device or sign or structure or thing placed by the City on a Highway

34.1(c) $250.00

Road Occupancy Permit - Failing to obtain permit to change the level of a Highway in any manner whatsoever

34.1(d) $250.00

Road Occupancy Permit - Failing to obtain permit to stop the flow of water through any ditch, drain, sewer or culvert on, under or through a Highway

34.1(e) $250.00

Road Occupancy Permit - Failing to obtain permit to place asphalt or any other material within the gutter line of a Highway that would obstruct or alter the flow or surface drainage

34.1(f) $250.00

Road Occupancy Permit - Failing to obtain permit to construct, maintain or align a ditch, sewer or drain or other utility on any portion of Highway

34.1(g) $250.00

Road Occupancy Permit - Failing to obtain permit to place, install, construct or maintain any loading platform, skids, rails, mechanical devices, signs, buildings or others structures or things on Highway

34.1(h) $250.00

Road Occupancy Permit - Failing to obtain permit to mark, imprint, obscure or deface a Highway or structure placed by the City

34.1(i) $250.00

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Road Occupancy Permit - Failing to obtain permit to erect or maintain any sign, advertisement or guidepost on or over any Highway

34.1(j) $250.00

Road Occupancy Permit - Failing to obtain permit to operate track Vehicles on a Highway

34.1(k) $250.00

Road Occupancy Permit - Failing to obtain permit to obstruct or interfere with flow of Traffic on any Highway

34.1(l) $250.00

Special Event Permit - Failure to obtain 34.2 $50.00

Road Occupancy Permit or special Events Permit- Failing to ensure work or activity conforms to permit

34.6 $250.00

Heavy Loads - Failure to follow order of Director of Public Works to temporary limit the weight of loads

35.1 $500.00

Heavy Loads - Operation of a Heavy Truck on Highway contrary to bylaw

35.4 $250.00

Heavy Loads - Operation of a Heavy Truck on Highway within a Residential Zone outside of prescribed hours

35.5 $100.00

Extraordinary Traffic - Operating a Vehicle having a GVW in excess of limits prescribed

36.1 $500.00

Extraordinary Traffic - transporting a modular or mobile home without Oversize/Overload Permit

36.2 $500.00

Extraordinary Traffic - failing to present Overload/Oversize Permit upon request of Bylaw Services Officer or Police Offer

36.6 $250.00

Load Restrictions - Failing to comply with restrictions, conditions and requirements of Load Restrictions

37.1 $500.00

Materials on Highway - Illegal placing or allowing of placement any petroleum products, lumber, merchandise, soil, gravel, snow, Rubbish or Chattel on Highway contrary to Bylaw

39.1 $250.00

Vehicle Tires - Operation of Vehicle on a Highway with wheels, tires, or tracks constructed or equipped with projecting spikes, cleats, ribs, clamps, flanges, lugs or other attachments or projections with extend beyond the tread or traction surface of the wheel, tread or track

40.1(a) $250.00

Off Road Vehicles - Unlawful operation of All Terrain Vehicle on public Street, Highway or Roadway

41.1(a) $100.00

Off Road Vehicles - Unlawful operation of Off Road Side-By-Side Vehicle on public Street, Highway or Roadway

41.1(b) $100.00

Off Road Vehicles - Unlawful operation of Snowmobiles on public Street, Highway or Roadway

41.1(c) $100.00

Weighing Vehicles - failing to comply with provision of bylaw 42.2 $500.00

Maintenance and Use of Boulevards - failing to keep grass or weeds on Boulevard trimmed to 20cm

43.2(a) $50.00

Maintenance and Use of Boulevards - failing to keep Boulevard including Sidewalk free of brush, Noxious Weeds, Snow and Ice, Rubbish, litter, leaves or debris or in a tidy condition.

43.2(b) $50.00

Maintenance and Use of Boulevards - failing to maintain height of shrubs or Non Standard Landscaping below height of .5 m

43.2(c) $50.00

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Maintenance and Use of Boulevards - failing to maintain minimum of 1 m clearance for shrubs, vegetation or hedges from any fire hydrant or fire hydrant valve

43.2(d) $150.00

Maintenance and Use of Boulevards - failing to ensure landscaping does not interfere with Sight Triangle

43.2(e) $150.00

Maintenance and Use of Boulevards - failing to comply with order or mitigate any landscaping conditions on the Boulevard that are considered to be a traffic safety hazard by City Engineer

43.2(f) $250.00

Maintenance and Use of Boulevards - failing to ensure Boulevard landscaping does not interfere with the ability of a person to open Vehicle doors

43.4(e) $50.00

Maintenance and Use of Boulevards - use of hedges, rocks, or gravel contrary to Bylaw

43.4(g) $50.00

Maintenance and Use of Boulevards - landscaping treatment interference with utilities, ditches, swales, gravel strips or drainage structures

43.4(h) $150.00

Maintenance and Use of Boulevards - illegal placement of permanent structures (retaining walls, fencing, signage)on Bouldevard

43.4(i) $150.00

Maintenance and Use of Boulevards - illegal planting of trees on Boulevard

43.4(j) $150.00

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COUNCIL REPORT

FILE NO. 0510.20


TITLE:

2021/2022 CBT Community Initiatives and Affected Areas Program

PREPARED BY:

Kelly Thorsteinson

DEPARTMENT:

CAO's Office

PURPOSE:

To consider allocation of funds for the Columbia Basin Trust Community Initiatives and Affected Areas Program (2021/2022)

RECOMMENDATION BY COUNCIL

That Council approve the projects and funding levels as presented in Appendix "A" for allocation of available 2021/2022 Columbia Basin Trust Community Initiatives and Affected Areas Program Funds.

BACKGROUND INFORMATION: The Columbia Basin Trust Community Initiatives and Affected Areas Program are funding programs designed to help address the needs of Basin communities. The proposed allocation of funds for Cranbrook in 2021 is $287,101.42. A total of 40 applications for funding were received this year with a total amount requested of $436,513.49. Councillors Blissett, Peabody and Hudak met April 13, 2021 to review the applications. Based on their assessment and comments from the public engagement, they are recommending the projects and funding levels as presented in "Appendix A" be considered for approval by Council. A listing of 2021/2022 proposals is shown in "Appendix B". Council's recommendation will be forwarded to the RDEK Board for review. The RDEK Board will review recommendations at its meeting on June 4, 2021 and approved Applicants will be contacted by a representative from the RDEK on June 7. Council discussed the panel's recommendations at a COTW meeting April 28, 2021 and recommendations are now ready for approval. ALTERNATIVE: Amend recommendation and allocate funds according to amendment(s). BUDGETARY IMPACT: Nil POLICY IMPLICATION: Nil STRATEGIC PLAN ALIGNMENT: Nil

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COUNCIL REPORT – 2021/2022 CBT COMMUNITY INITIATIVES AND AFFECTED AREAS PROGRAM ATTACHMENTS: ATTACHMENT A_CBT CIAAP Project Spreadsheet 2021 ATTACHMENT B_CBT CIAAP Summary of Proposals Approved By: Status: Marnie Dueck, City Clerk/Corporate Officer Approved - 29 Apr 2021 Mark Fercho, Chief Administrative Officer Approved - 29 Apr 2021

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IIFUSR

AIDS Network Outreach and Support Society

Love Your Health

Community Initiativesand Affected AreasPrograms

ast Summary of 2021/2022 Proposals

City of Cranbrook

BasinOrganization I Project Communities

AIDS Network Outreach and Support Society

Crafting for Mental Health

ColumbiaBBSI

I1

Blue Lake Forest Education Society

Blue Paddle Campaign

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trustCzolumbBasin

Organization I Project

British Columbia Society for the Prevention of Cruelty to Animals - East Kootenay Branch

Low Cost Spay/Neuter Project

Bull River Shooters Association

Facility Upgrade - Firing Line

Community Initiatives

T

and Affected Areas ProgramsEast K°°‘°‘“‘Y Summary of 2021/2022 Proposals

City of Cranbrook

Basin AmountCommunities Requested

City of Cranbrook $12,000.00

City of Fernie $1,000.00

City of Kimberley $2,000.00

Districtof Elkford $500.00

Districtof lnvermere $900.00

Districtof Sparwood $500.00

Villageof Canal Flats $600.00

Village of Radium Hot Springs $700.00

Electoral Area A $500.00

ElectoralArea B $500.00

ElectoralArea C $4,000.00ElectoralArea E $3,000.00

Electoral Area F $500.00

Electoral Area G $1,000.00$27,700.00


ElectoralArea C $3,452.00$8,630.00

$8,000.00

$1,000.00$1,000.00$2,000.00

$12,000.00

City of CranbrookCity of KimberleyDistrictofInvermereElectoral Area C

Caregivers Network for East Kootenay Seniors Society

Travel Assistance Program for Caregivers

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Kootenay ColumbiaBasinITUS‘:

Community Connections Society of Southeast BCSponsoring: Over The Rainbow Family Services - Birthing, Breastfeeding & Bonding

Babies InThe Stars


WW“ 5 Community Initiatives' and Affected Areas Programs

East '

Summary of 2021/2022 Proposals

City of Cranbrook

BasinOrganization I Project ,. Communities

Columbia Basin Institute of Regional History

Waldo Stockbreeders' Association History

City of CranbrookCity of FemieCity of KimberleyDistrictof ElkfordDistrict of SparvvoodElectoral Area AElectoral Area BElectoral Area C

City of CranbrookCity of KimberleyElectoral Area C

Community Connections Society of Southeast BC

Cranbrook Food Recovery Relocation/Edible Garden Installation

City of Cranbrook


Growing Together Garden Collective


Relocation of Farm Kitchen

City of Cranbrook


Transitions in the Farmer's Market NutritionCoupon Program

AmountRequested

$700.00

$800.00

$245.00$200.00$500.00

$1 ,000.00$1 ,500.00

$900.00

$5,845.00

$6,000.00$3,000.00$6,000.00

$15,000.00

$11,000.00

$18,700.00


March 03, 2021 Page 3 of 11

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Kootenay !TUS£Columbia‘Basun


Cranbrook Pickleball Club

Kinsmen Park Pickleball Court Improvements

Cranbrook Skating Club

Flooring and Seating Upgrade for Clubroom

Community Initiativesnggsangibimccd

'

and Affected Areas Programs3“ Summary of 2021/2022 Proposals

City of Cranbrook

BasinCommunities

Cranbrook Squash Club

Squash BallThrowing Machine and Locked Enclosure

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Kootenay ColumbiaBasinTFUSL

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Koatenay c°~;;:::trus;Community Initiatives

and Affected Areas ProgramsSummary of 2021/2022 Proposals

City of Cranbrook

Kootenay Columbia Air Search and Rescue Society

Search and Rescue Flight Training Costs


Kootenay Association for Science & Technology

BasinCommunities

Virtual STEAM (Science, Technology, Engineering, Art, Math) Youth Forum

City of CranbrookCity of FernleCity of KimberleyDistrict of ElkfordDistrict of InvermereDistrict of SparwoodVillage of Canal FlatsVillage of Radium Hot SpringsElectoral Area AElectoral Area BElectoral AreaCElectoral Area EElectoral Area FElectoral Area G

City of CranbrookCity of KimberleyElectoral Area CElectoral Area E

AmountRequested

$4,600.00$2,500.00$2,000.00

$500.00$1 ,000.00

$500.00

$500.00

$500.00$250.00$250.00

$250.00$250.00

$250.00

$250.00

$13,600.00

$3,000.00$2,000.00$2,500.00

$500.00

$8,000.00

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Kootenay trust

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ColuanggggCommunity Initiatives

’ and Affected Areas Programs" 5* °‘°"*‘Y Summary of 2021/2022 Proposals

City of Cranbrook

BasinOrganization I Project Communities

Northern BC Friends of Children - East Kootenay Branch

East Kootenay Family Support Project

City of CranbrookCity of FernieCity of KimberleyDistrict of InvermereElectoral Area AElectoral Area C

Sam Steele Society

2021 Sam Steele Days

AmountRequested

$9,000.00$1,000.00$2,500.00$1,500.00

$500.00$500.00

$15.000.00

$40,000.00$40,000.00

$80,000.00

$13,800.00$6,800.00

$20,600.00

Rotary Club of Cranbrook

Rotary CentennialTrails

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"l'US'i

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C°'"e";:::trus‘6.

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Kootenay ITUSK

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COUNCIL REPORT

FILE NO. 1880.20


TITLE:

Audited 2020 Consolidated Financial Statements

PREPARED BY:

Charlene Courtney

DEPARTMENT:

Finance

PURPOSE:

To present to Council for acceptance the audited 2020 Consolidated Financial Statements.


That Council accept the audited 2020 Consolidated Financial Statements.

BACKGROUND INFORMATION: On April 26, 2021 the draft 2020 Consolidated Financial Statements were presented and approved by Council. The Community Charter (section 167) requires that the municipal audited financial statements must be presented to Council for acceptance and submitted to the Inspector of Municipalities by May 15th. At the Regular Meeting of Council on May 31, 2021, staff will present to Council the unaudited complementary schedules. These schedules are produced in accordance with the Financial Information Act. Information provided in the schedules is contained within the audited financial statements. Under the Financial Information Regulation, Schedule 1, subsection 9(2), the audited financial statements and unaudited complementary schedules must be approved by Council and the Chief Financial Officer. The Community Charter also requires that Council must annually consider (before June 30th) the Annual Report and submissions/questions from the public. For this purpose, we propose that this be done at the regular Council meeting scheduled for June 28, 2021 at 6:00 pm. At that time staff will review the Annual Report and the City’s key objectives. ALTERNATIVE: Nil BUDGETARY IMPACT: Nil POLICY IMPLICATION: Nil STRATEGIC PLAN ALIGNMENT:

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COUNCIL REPORT – AUDITED 2020 CONSOLIDATED FINANCIAL STATEMENTS 3.1 Delivering Good Governance - Community Charter (Section 167)- By May 15 in each year, a municipality must submit to the inspector its audited financial statements. ATTACHMENTS: Signed 2020 Audited Financial Statements Approved By: Status: Charlotte Osborne, Director of Finance Approved - 06 May 2021 Marnie Dueck, City Clerk/Corporate Officer Approved - 06 May 2021 Mark Fercho, Chief Administrative Officer Approved - 06 May 2021

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I3'30 Tel: 250 426 4285 BDOCanada LLPFax: 250 426 8886 35 10"‘Avenue SouthToll-Free: 800 993 9913 Cranbrook, BC V1C2M9 Canadawww.bdo.ca

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g

,//4*

The Corporation of the City of CranbrookConsolidated Statement of Financial Position

December 31 2020 2019

Financial AssetsCash and funds on deposit (Note 1) $ 59,702,178 $ 57,160,748Accounts receivable (Note 2) 4,918,358 3,633,120Mortgage receivable (Note 3) 5,165,000Land held for resale 7,298 7,298Deposit Municipal Finance Authority (Note 4) 1,417,462 1,409,230

71,210,296 62,210,396

LiabilitiesAccounts payable and accrued liabilities (Note 5) 9,102,245 9,794,008Deferred revenue (Note 6) 4,443,192 3,984,423Development cost charges (Note 7) 2,941,688 2,272,626Reserve — Municipal Finance Authority (Note 4) 1,417,462 1,409,230Capital lease obligation (Note 8) 17,866 26,091Debt (Note 9) 28,879,273 33,728,007

46,801,726 51,214,385

Net Financial Assets 24,408 570 10,996,011

Non-Financial AssetsTangible capital assets (Note 10) 208,562,786 209,222,976Inventories of supplies and prepaid expenses 577,766 564,864

209 140,552 209,787,840

$ 233,549,122 $ 220,783,851

6The accompanying significant accounting policies and notes form an integral part of these consolidated financial statements.

Ch rlote sborne, CPA, CGA Mark erchoDirector, Finance Chief Administrative OfficerChief Financial Officer

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_j(*)_j(__l

jL__._)_:(__l

The Corporation of the City of CranbrookConsolidated Statement of Cash Flows

2020 2019

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The Corporation of the City of CranbrookNotes to Consolidated Financial

Development Cost Charges

The City collects development cost charges to pay for the proportionate share of infrastructurerelated to new growth. In accordance with the Local Government Act, these funds must bedeposited into a separate reserve fund. Because these funds are externally restricted innature they are shown as a liability.

2019 Receipts interest 2020

Roads $ 276,921 $ 135,394 $ 3,718 $ 416,033Storm Sewer 435,086 109,085 6,402 550,573Water 970,783 223,663 9,394 1,203,840Sanitary Sewer 589,836 174,910 6,496 771,242

Total Deferred DCC $ 2,272,626 $ 643,052 $ 26,010 $ 2,941,688

$ 17,866 $ 26,091

Computer equipment lease, minimum monthlypayments of $627, interest rate 7.99%expires June 2022 $ 10,458 $ 16,870

Computer server lease, minimum monthlypayments of $202, interest rate 7.29%expires June 2024 7,408 9,221

16

8. Capital Lease Obligation

The Library is committed to the following capital lease obligations:

20192020

December 31 2020

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The Corporation of the City of CranbrookNotes to Consolidated Financial Statements

Mortgages

Mortgage debt is repayable to Canada LifeAssurance

Company, repayable monthly in the amount of $74,721,

including interest at 7.25%, maturing 2030.

Mortgage debt repayable to Rayonier A.M. CanadaIndustries Inc. was repaid in 2020.

Demand Loan

Debt is repayable to the Bank of Montreal, repayable

monthly in the amount of $57,873 including interest at

3.80%, maturing 2028.

Debenture Debt

Debenture debt is repayable to the British ColumbiaMunicipal Finance Authority. Existing debentures maturein annual amounts to the year 2038 and interest ispayable at rates ranging from 1.28% to 4.20% per annum.

Demand Promissory NoteNotes are repayable to the British Columbia Municipal Finance

Authority in accordance with S. 178 of the Community Charter.Interest, at variable daily rates, is paid monthly

Principal must be repaid within 5 years.

$ 6,394,813 $

5,729,757

16,261,254

493,449

6,818,134

1,911,000

6,196,960

18,014,081

787,832

$ 28,879,273 $ 33,728,007

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....-.....a\.. al “J yluxuaalullal :ewIL::s

Contributions to organizationsDebt servicing and financing chargesNkatenals, supphes‘ repairs, maintenanceWages and benefits

The Corporation of the City of CranbrookNotes to Consolidated Financial

Total levies and special assessments

Transfers to other governments:

Regional District of East KootenaySchool DistrictRegional Hospital DistrictBC Assessment Authority

General municipal purposes

$

$

2020

39,1 38,494

667,2116,159,243

919,987173,588

7,920,029

31 ,218,465

2019

$ 38,625,120

592,4627,166,805

530,371154,193

8,443,831

$ 30,181,289

14. Expenses by Object

2020 2019

Administration $ 2,470,953 $ 2,705,365Amortizationexpense 8,201,153 8,246,846""""'"" '""‘ ""“""" “‘“"" '" "‘“

11,435,593 11,800,975489,154 449,105

1,466,423 1,746,4083,603,904 4,027,635

16,741,002 15,991,272

$ 44,408,182 $ 44,967,606

23

December 31 2020

13. Taxation for Municipal Purposes

Taxation revenue for municipal purposes is comprised of the following amounts:

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COUNCIL REPORT

FILE NO. 4020.20


TITLE:

Remedial Action Order - 120-6th Street North Cranbrook - Knox Water Company Ltd

PREPARED BY:


DEPARTMENT:


PURPOSE:

To consider the Remedial Action Order concerning Knox Water Company Ltd. Inc No A0067734 of land located at 120-6th Street North, Cranbrook BC


That Council approve the Remedial Action Order as follows:

WHEREAS Section 73 of the Community Charter empowers a Council to order that things be dealt with in accordance with Council's direction which are hazardous conditions;

AND WHEREAS section 74 of the Community Charter authorizes Council to declare an erection of any kind, or a similar matter or thing; a natural or artificial opening in the ground, or a similar matter or thing; and a drain, ditch, watercourse, pond, surface water, or a similar matter or thing a nuisance;

AND WHEREAS Knox Water Company Ltd. (Inc No A0067734) is the owner (the “Owner”) of the property located at 120-6th Street North, Cranbrook, BC legally described as:

Lot 1, Block 303 District Lot 29 KOOTENAY DISTRICT Plan 669C PID: 008-333-122;




Lot 5, Block 303 District Lots 4 and 29 KOOTENAY DISTRICT Plan 669C PID: 008-374-767;





Amended Lot 29 (see 976671) Block 303 District 29 KOOTENAY DISTRICT Plan 669C, except part included in Plan 467 PID:008-333-149 (collectively, the "Property")

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COUNCIL REPORT – REMEDIAL ACTION ORDER - 120-6TH STREET NORTH CRANBROOK - KNOX WATER COMPANY LTD

AND WHEREAS the Property contains a building formerly used as a water bottling plant (the “Main Building”) and further contains a well (the “Well”) housed in a separate building (the “Well Building”);

AND WHEREAS Council has become aware of an investigation by the B.C. Ministry of Forests, Lands and Natural Resource Operations regarding the Well, which is likely to require persons enter into the Well Building;

AND WHEREAS Council has received staff report dated May 10, 2021 (the “Report”);

NOW THEREFORE the Council of the City of Cranbrook resolves as follows:

1. THAT Council hereby declares the Property and the structures on it a nuisance within the meaning of section 74(1) of the Community Charter due to conditions described in the Report;

2. THAT Council considers the Main Building and Well Building are in or create an unsafe condition due to conditions described in the Report;

3. THAT Council hereby requires:

(a) within 30 days of receiving notice of this resolution pursuant to section 77 of the Community Charter, the Owner must submit a complete demolition permit application for the Main Building to the City, including any supporting information or reports; and

(b) within 90 days of receiving notice of this resolution pursuant to section 77 of the Community Charter, the Owner must demolish the Main Building.

4. THAT, as an alternative to the requirements under paragraph 3, the Owner may, within 30 days of receiving notice of this resolution pursuant to section 77 of the Community Charter, submit to the City a report certified by an accredited structural engineer (the “Engineering Report”) addressing:

(a) whether the Main Building may be safely remediated to remedy all hazardous structural conditions; and,

(b) if so, proposing a remediation plan and timeline (“Remediation Plan”) to remedy hazardous structural conditions related to the Main Building; and

within 90 days of receiving the Engineering Report, the Owner must demolish the Main Building or complete the Remediation Plan;

5. THAT, if the Owner elects to carry out the Remediation Plan, Council further requires the Owner, on or before the date set out in paragraph 4, to:

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(a) clean and remove all graffiti from the exterior walls of the Main Building and Well Building;

(b) remove combustible materials from the Property, including excess wood, discarded materials and rubbish; and

(c) securely board up, lock and close all openings in the Main Building and Well Building, including any doorways and windows.

6. THAT Council further requires the Owner, within 30 days of notice of this resolution pursuant to s. 77 of the Community Charter, bring every part of the Well Building into a structurally sound condition so as to be capable of safely sustaining its own weight and additional loads to which it may become subject to through normal use;

7. THAT Council further requires the Owner, within30 days of notice of this resolution pursuant to s. 77 of the Community Charter to remove any chemical contaminants stored on the Property including, without limiting the generality of the foregoing, removal of all chlorine tanks presently on the Property;

8. THAT the Owner must complete all requirements under paragraphs 3-7 of this resolution:

(a) at its own cost and expense; and

(b) in strict compliance with all bylaws and enactments that may apply, including by obtaining any requisite permits or authorizations from the City or any other public authority;

9. THAT the City will:

(a) provide notice of this remedial action requirement to the persons entitled to notice under s. 77 of the Community Charter, including a copy of this resolution;

(b) notify the persons entitled to notice under s. 77(1) of the Community Charter that they may request Council reconsider the remedial action requirement pursuant to s. 78 of the Community Charter, by providing the City written notice within 14 days of the date on which notice under s. 77 of the Community Charter was sent; and

10. THAT if any or all of the requirements in paragraphs 3-7 of this remedial action requirement are not completed by the dates set out above, the City may undertake any or all of the actions required by this remedial action requirement at the expense of the Owner, as authorized by s. 17 of the Community Charter.

BACKGROUND INFORMATION: The Lands owned by Knox Water Company Ltd., Inc No A0067734 and referred to as Kootenay Springs is the former site of a water bottling plant which has sat derelict for many years. The buildings were constructed between 1946 to 1950 and City records indicate that the Business Licence issued to "Kootenay Springs Ltd" was closed in 2005. Staff have been working with the Ministry of Forests, Lands and Natural Resource Operations regarding the well head and well on the property located near the City's Shallow Well #1. Ministry staff advise that their authority under the Groundwater Protection Act, allows them to make recommendations regarding the well and

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the well head; but the current condition of the structure surrounding the well head creates an unsafe environment and that they support the City's recommendation of this Remedial Action Order. Staff will be requiring that any remedial action taken includes the protection of the structure surrounding the wellhead. On October 17, 2020 Cranbrook Fire and Emergency Services responded to a structure fire which was believed to have been human caused. Staff spoke with the contact person, Gordon Dixon who, on behalf of the company paid an invoice for Fire Cost Recovery including the boarding up of the doors and windows to the building. Firefighter staff collected photos of the condition of both the interior and exterior of the buildings and roof, confirming the dilapidated and unsafe conditions. Staff are recommending that the owner obtain a report from an accredited structural engineer to confirm whether the building can be remediated and that steps taken to address the hazardous conditions and unsightliness of the buildings and property are addressed. Evidence of homeless people accessing the buildings exist, posing a tremendous liability to the City should the buildings or potions thereof collapse and cause serious injury or death. ALTERNATIVE: That Council not approve the Remedial Action Order as presented. BUDGETARY IMPACT: Nil POLICY IMPLICATION: Consistent with provisions of Bylaw Compliance and Enforcement Policy No. 30-04 and Procedure Section 7.3 STRATEGIC PLAN ALIGNMENT: 3.3.4 Community Safety (b) enhance bylaw enforcement. ATTACHMENTS: RAO Attachment #1 Approved By: Status: Ron Fraser, Director of Engineering and Development Services



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Lot 6, Block 303 DISTRICT LOTS 4 and 29 KD Plan 669C; PID: 008-374-791Lot 7, Block 303 DISTRICT LOTS 4 and 29 KD Plan 669C; PID: 008-374-805Lot 8, Block 303 DISTRICT LOTS 4 and 29 KD Plan 669C; PID: 008-374-813Lot 9, Block 303 DISTRICT LOTS 4 and 29 KD Plan 669C; PID: 008-374-821Amended Lot 29 (see 97667I) Block 303 DISTRICT LOT 29 KD Plan 669C, except part included in Plan 467; PID 008-333-149Owner: Knox Water Company Ltd, Inc No A0067734

Image1_Building Exterior_1_01Mar2021_PH Image2_Builidng Exterior_2_01Mar2021_PH

Image3_Building Exterior_3_01Mar2021_PH Image4_Building Exterior_Upper Open Access_01Mar2021_ PH

ATTACHMENT #1 Property Located at 120-6th Street Cranbrook, BCLegal Description: Lot 1, Block 303 DISTRICT LOT 29 KD Plan 669C; PID:008-333-122Lot 2, Block 303 DISTRICT LOT 29 KD Plan 669C; PID: 008-374-708Lot 3, Block 303 DISTRICT LOT 29 KD Plan 669C; PID: 008-374-724Lot 4, Block 303 DISTRICT LOT 29 KD Plan 669C; PID: 008-374-759Lot 5, Block 303 DISTRICT LOTS 4 and 29 KD Plan 669C; PID: 008-374-767

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Image5_Building Exterior_Open Access_2_01Mar2021_PH Image6_Building Exterior_Open access_01Mar2021_PH

Image7_Roof Begin to Collapse_18Oct2020 _BC Image8_Roof Begin to Collapse_2_18Oct2020_BC

Image9_Roof Begin to Collapse_3_18Oct2020_BC Image10_Roof_18Oct2020_BC

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Image11_2nd Floor_Alpha bravo corner_18Oct2020_BC Image12_2nd Floor Hole_18Oct2020_BC

Image13_2nd fl oor Alpha window looking at Charllie wall 1_18Oct2020_BC

Image14_2nd building_wall closest to track_30Mar2021_BC

Image15_2nd Building_Rear back room_30Mar2021_BC Image16_2nd building_middle of building_30Mar2021_BC

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Image17_2nd building_lower wall buckling inwards_30Mar2021_BC Image18_2nd building_Ceiling of interior_close to back room_30Mar2021_BC

Image19_2nd building_ceiling collapse_30Mar2021_BC Image20_2nd building_ceiling collapse rotting beam_30Mar2021_ BC

Image21_2nd building_between buildings wall buck-ling_30Mar2021_BC

Image22_2nd building_2nd fl oor section of fl oor col-lapse_30Mar2021_BC

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Image23_2nd building_2nd fl oor fl oor sagging_30Mar2021_ BC Image24_2nd building_2nd fl oor f l oor sagging 2_30Mar2021_BC

Image25_2nd building, wall leaning outwards_30Mar2021_BC

Image26 _2nd building_ middle_30Mar2021_BCImage_Boiler room Bravo window looking at Delta Wall_Pipe identifi ed_18Oct2020_BC

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File No. 0550.06

ADMINISTRATION UPDATES

MAY 10, 2021 REGULAR COUNCIL MEETING Public Works

• Curbside Recycling Collection (K. Pocha) The Recycling carts for the Curbside Recycling Program were delivered to approximately 6,250 households from April 9th to April 19th, 2021. Collection services began on May 3rd in Zone 3A. To meet the RecycleBC requirements for monitoring and control, staff will be randomly checking carts for the first month of service, ahead of collection trucks, to ensure recycling left out is clean, free of contaminants and contain only the accepted materials for pickup. During these checks, Staff will remove any visible materials that can’t be picked up and place them in a bag. These items will be left beside the cart, along with an information sheet, so residents know that these items don’t belong inside their recycling cart. Alternative disposal options for the materials will be included in the information sheet. Several inquiries have been received from Strata Properties regarding their eligibility for the curbside recycling program. Staff have directed residents in Strata Properties to contact their Strata Council to request recycling collection through the RDEK’s Yellow Bin Program or through a third-party contractor.

• Line Painting – Downtown Project and Future Schedule (M. Matejka) The Downtown line painting work for patio construction and traffic safety due to Covid related impacts was completed on April 16th. The City was very fortunate to secure these services at a time of year when other communities with earlier spring cleanup operations are strongly competing for the services provided by the same contractors. The specialty line eradication equipment that was secured also minimized the cost and impacts of the work. With this early mobilization for unplanned work, the contractor is still committed to re-mobilizing to compete line painting works throughout the City around the routine historic timeframe of May long weekend.

• Wastewater Lagoons Odor Issues (M. Matejka) It is not uncommon this time of year for municipal wastewater lagoons to experience problems with unpleasant odors. Odors can be a general nuisance with lagoons and can

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Page 2 Admin. Update - Regular Council Meeting May 10, 2021

occasionally result in complaints. This spring seems to be unique as a larger than usual number of complaints of experiencing odor problems have been reported. The initial reaction is to conclude that these lagoons are experiencing odor problems due to turnovers caused by the winter that we just had, which is one of the factors the City is experiencing this year. The other significant factor is the volume of sludge that has accumulated in the cells of the lagoons. The sludge displaces the wastewater so there is less detention within the cells, and this will cause less contact time with the aeration treatment process. As part of the multi-year Lagoon and Influent Trunk Line project, the City will be issuing a tender for the removal of the sludge, in Cell #1, intended to be completed in the summer of 2021. This desludging will greatly increase the detention time of the lagoon cell and we anticipate that the odor will be greatly reduced from these works. The onset of consistent warmer weather could also improve the situation until that time. As the remainder of the project proceeds over the next several years, further improvements and upgrades will also greatly increase the detention time and treatment process for the foreseeable future. The City is also implementing a more proactive multi-year sludge management program, to ensure that the volume of sludge is at an optimum volume for the treatment process and associated odor issues. Cranbrook Public Library

• 2021 Library Update (U. Brigl) See attached update from Ursula Brigl, Chief Librarian. (Attachment)

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ADMINISTRATIVE UPDATE

Although pandemic safety protocols have limited some services, and programs continue to be offered only

online, the Library is committed to offering as many services as possible. 7 days a week the Library opens

it doors so that people can browse the shelves, borrow material, study, read, ask questions, use a computer

or wireless network, print documents and more. Digital collections and online resources such as Ancestry, Consumer Reports and Gale Courses are always accessible from anywhere through the Internet.

Most people now borrow material using either one of the two self-checkout kiosks or the

Cloud Library app. This enables staff to spend more time with people needing assistance. The Welcome and Information Desks are now fully staffed whenever the Library is open

to encourage people to ask questions and connect them with the information they need.

The Summer Reading Club returns at the end of June. Plans are in the works to offer a

full slate of programs, online and outdoors, based on the 7 weekly themes. Every child

that registers gets a reading log to track their reading so they can get prizes throughout

the summer and receive a medal when they complete a log.

Library members can borrow up to 3 packages of vegetable, herb or flower seeds to plant

and grow in their gardens. At the end of the season, the gardeners save the seeds, dry

them and return them to the Library. The Seed Library gives gardeners, experienced and

new, to grow something new and contribute to our region’s biodiversity.

Work continues on acquiring the equipment for the Idea Lab. Once complete, people will

be able to record and edit audio and video, create and print 3D projects, digitize photos, documents, audio and film media, try their hand at digital illustration and more. The Lab,

fully supported by programming, will launch later this year, dependant on the pandemic.

Cranbrook Public Library

Library Takeout launched on 19 May 2020 so people

could borrow material even though they couldn’t come in.

Members order items online for pick up at the Library.

Almost 1 in 10 items are now borrowed this way. Due to its overwhelming popularity, Library Takeout is

now a permanent service.

Getting lost in a book or film is a great

way for people to learn something new,

or escape for a few hours from day-to-

day stresses. One of the core services

the Library provides is to offer people

access to information, recreational

reading material, videos, and more.

Between January and April 2021, people

borrowed almost 59,000 physical and

digital items.

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Regular Council

MAY 1 0 2021United WayEast KootenayChange starts here.

May 4, 2021

City of CranbrookHonourable Mayor and City Council40 - 10 Avenue SouthCranbrook, BCV1C 2M8

Dear Mayor and Councillors:

RE: 2021 Downtown Park On Us Campaign

The United Way East Kootenay for the second year, advises City Council that due to the Covid-19pandemic, our Annual Park-On-Us event is being cancelled. In consideration of business operations,patios, and social distancing guidelines it is felt this is desirable at this time.

Our 2021 Campaign will appeal to businesses and residents for their donation in the amount they are ableto afford. A strong well supported Campaign is crucial especially in these worrisome times, donation willmake a difference in so many lives. Food, shelter, and transportation needs are increasing, and UnitedWay investments are directed to assist in addressing these needs.

New initiatives will be introduced this year to help a greater number of people and with the scheduled JuneSpecial meeting regarding our proposed integration of BC United Ways, everyone involved looks forwardto positive supports and outcomes.

Sincerely

8Donna Brady Fields, Executive Director

RECEIVED

MAY - 3 2021City of Cranbrook!

www.ourunitedway.caStreet Address: 930 Baker Street Mai l ing: Box 657 Cranbrook, BC VIC 4J 2

uni tedwayek @shaw.cawwv^witter.com/OurUnitedWay

250.426.8833wif l^.facebook.com/OurUni tedWay

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