regular council - 25 may 2020

AGENDA

Regular Council Meeting Monday, May 25, 2020

5:00 PM

Council Chambers, 3570 Bridge Street, Armstrong, B.C.

Page

1. CALL TO ORDER 2. ADOPTION OF THE AGENDA 2.a) Regular Council Meeting Agenda - May 25, 2020

THAT the May 25, 2020 Agenda for the Regular Council Meeting be adopted;

AND THAT all reports and correspondence are received.

3. ADOPTION OF MINUTES 3.a) Regular Council Meeting Minutes - May 11, 2020

THAT the Minutes of the City of Armstrong Regular Council Meeting held on May 11, 2020 be adopted.

5 - 12

4. DELEGATION(S) 5. BUSINESS ARISING FROM THE DELEGATION(S) 6. DEPARTMENTAL UPDATES 6.a) Manager of Community Services Update

13 - 14

6.b) Planner's Update

15

6.c) Manager of Public Works Update

17

7. PRESENTATION OF REPORTS 7.a) 2019 Climate Action and Carbon Emission Report

19 - 25

7.b) 2019 Budget to Actual, Surplus, and Reserves Balances

Recommendation:

THAT Council direct staff to distribute the Unallocated Surplus from the 2019 Budget as follows:

• General Fund Surplus

27 - 31

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o $13,000 to Public Works Equipment

• Water Fund Surplus o $350,000 to Water Infrastructure

• Sewer Fund Surplus o $420,000 to Sanitary Sewer Infrastructure

• Fire Fund Surplus o $64,000 to Fire Protection Equipment

7.c) Re-opening of City Hall Facility

33

7.d) Council Section - 2019 Annual Report

Recommendation:

THAT Council authorize staff to change the format in the Annual Report to include headshots of Mayor and Councl with individualized write ups,

AND THAT Council authorize the cost associated with obtaining headshots.

35

7.e) Staff and Proposed Preliminary Development Review

37 - 39

7.f) Fire Prevention Bylaw

41 - 54

7.g) Solid Waste Collection Service Bylaw No. 1857, 2020

THAT Council direct staff to come back with recommendations for a Wildlife Management Bylaw.

55 - 61

7.h) Heaton Place unit 208

63

8. PUBLIC AND STATUTORY HEARING(S) 9. BYLAWS 9.a) City of Armstrong Fire Prevention Bylaw No. 1858, 2020

First, Second and Third Reading of the City of Armstrong Fire Prevention Bylaw No. 1858, 2020.

Recommendation:

THAT the City of Armstrong Fire Prevention Bylaw No. 1842, 2020 be read a first, second and third time this 25th day of May, 2020.

65 - 76

9.b) City of Armstrong Solid Waste Collection Service Bylaw No. 1857, 2020 77 - 81

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First, Second and Third Reading of City of Armstrong Solid Waste Collection Service Bylaw No. 1857, 2020

Recommendation:

THAT the City of Armstrong Solid Waste Collection Service Bylaw No. 1857, 2020 be read a first, second and third time this 25th day of May, 2020.

10. CORRESPONDENCE

All correspondence is part of the agenda, only action items require resolutions.

a) Requests / Correspondence to City of Armstrong b) General Information i) Ministry of Public Safety and Solicitor General - Policing and Security

Branch

RE: Policing Services

83 - 84

11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Proclamations b) Matters Referred from Committee, Commission and In Camera c) Other Appointments i) Armstrong in Bloom Committee 2020 - Councillor S. Fowler ii) A/S Chamber of Commerce - Councillor S. Drapala iii) A/S Fire Services Commission - Mayor Pieper and Councillor G. Froats iv) A/S Parks & Recreation Commission - Councillors P. Britton and J.

Wright

v) Armstrong Spallumcheen Trails Society - Councillor P. Britton d) RDNO Business i) Regional Agricultural Advisory - Councillor S. Fowler ii) Regional Growth Management Advisory - Councillor S. Fowler iii) SIR Board Meeting - Councillor S. Fowler iv) Verbal Report from Board Representative - Councillor S. Fowler e) Other Business f) Mayor's Report 13. ADJOURNMENT 13.a) Calendar of Committee Meetings:

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• A/S Chamber of Commerce - June 18, 2020

• A/S Fire Services – June 18, 2020

• A/S Museum & Arts Society - June 17, 2020

• A/S Parks & Recreation – June 23, 2020

• Haugen Community Healthcare Society - June 18, 2020

• RDNO Regional Growth Management Advisory - June 3, 2020

• RDNO Regional Agricultural Advisory - June 4, 2020

• RDNO Board of Directors - June 17, 2020

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CITY OF ARMSTRONG Minutes of the Regular Council Meeting held in the Council Chambers, 3570 Bridge Street, Armstrong, B.C., on May 11, 2020. PRESENT: Council: Mayor C. Pieper

Present via electronic/virtual meeting: Councillors P. Britton, S. Drapala, L. Fisher, S. Fowler, G. Froats and J. Wright

Absent: Staff: Kevin Bertles, Chief Administrative Officer

Wendy Wallin, Recording Secretary Present via electronic/virtual meeting: Jennifer Graham, Corporate Officer Janene Felker, Chief Financial Officer Dan Passmore, Planner / Approving Officer Paul Carver, Public Works Manager Warren Smith, Community Services Manager

Others: Present via electronic/virtual meeting: 3 Members of the Public Media

CALL TO ORDER

Mayor Pieper called the May 11, 2020 Regular Council meeting to order at 5:00 pm. Meeting took place virtually, with Mayor C. Pieper, K. Bertles, CAO and W. Wallin present in Council Chambers. Meeting conducted electronically as per Province of BC, Order of the Minister of Public Safety and Solicitor General - Ministerial Order M139 issued May 1, 2020. ADOPTION OF THE AGENDA

#91-20 MOVED by Councillor Britton, seconded by Councillor Wright THAT the May 11, 2020 Agenda for the Regular Council Meeting be adopted with the addition under 13.a) In-Camera / Closed Session of 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; AND THAT all reports and correspondence are received.

CARRIED

AGENDA ITEM #3. 3.a)

Regular Council 25 May 2020 of 84

Minutes of the Regular Council Meeting May 11, 2020

Page 2 of 8

ADOPTION OF MINUTES

#92-20 MOVED by Councillor Fowler, seconded by Councillor Drapala THAT the Minutes of the City of Armstrong Regular Council Meeting held on April 27, 2020 be adopted.

CARRIED DEPARTMENTAL UPDATES

Manager of Community Services Update W. Smith, Community Service Manager presented the report to Council. Planner's Update D. Passmore, Planner updated Council on recent planning activities which included receiving one zoning text amendment application.

#93-20 MOVED by Councillor Britton, seconded by Councillor Froats THAT Council authorize D. Passmore, Planner to contact the Ministry of Highways and discuss the loss of land from properties along Highway 97A south of Rosedale Avenue.

CARRIED Manager of Public Works Update P. Carver, Public Works Manager provided Council with a public works update. He informed Council that warranty on infrastructure construction projects is a one-year time frame. Building Permit & Building Inspection Report for April 2020

#94-20 MOVED by Councillor Britton, seconded by Councillor Drapala THAT the April 2020 Building Permit and Building Inspection report be received. Discussion on motion: K. Bertles, Chief Administrative Officer noted that the address on building permit 2020011 has been corrected to 3445 Okanagan Street.

CARRIED Vernon North Okanagan Detachment - 1st Quarter (January to March) 2020 Mayor Pieper reviewed highlights from the 1st Quarter (January to March) 2020 period from the Vernon North Okanagan Detachment. Clarification on the number and types of cases will be sought in the upcoming RCMP meeting.




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PRESENTATION OF REPORTS

Utility Initiatives J. Felker, CFO reviewed the proposed utility initiatives.

#95-20 MOVED by Councillor Gary, seconded by Councillor Britton THAT Council authorize each utility account be credited a $50 COVID rebate for the billing periods ending September 30, 2020; AND THAT Council authorize the reduction of the overdue penalty from 10% to 5% until December 31, 2020. Discussion on motion:

• Providing the rebate to residents enables all residential properties to participate.

• Removing the penalty could encourage individuals to not pay their invoice and leave the City short of money.

• The $50 rebate is equivalent to the water and sewer fixed fee increases which Council had previously approved.

CARRIED Councillor Wright - Opposed

Service Provision - BC Land Surveyors D. Passmore reviewed the BC Land Surveyors service provision and relating Policy 1-100-13.

#96-20 MOVED by Councillor Britton, seconded by Councillor Drapala

THAT Council adopt Service Provision - BC Land Surveyors Policy #1-100-13 this 11th day of May 2020. Discussion on motion:

• Purchasing Policy authorizes staff to purchase up to $50,000.

• Anticipated that the upcoming development projects are relating to road dedication and would be considerably less than the Purchasing Policy limit.

• List of venders will rotate on each job. CARRIED

Public Notification and Consultation for Development Applications During COVID-19 D. Passmore reviewed the public notification and consultation for development application during COVID-19.




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Discussion: • The Planner noted that it is the developer’s responsibility when there is a proposed major

development to hold consultation for their projects prior to applying for an OCP or zoning change. The City is responsible for the public hearing once the project is at the OCP or zoning bylaw stage. The policy was developed this way so members of the public would be aware of development occurring that may affect them before the application reaches the public hearing stage.

• Developers will need to consult with Interior Health during this time (COVID-19) for meeting requirements.

• The City has Bylaw standards and processes that developers must adhere to. Preliminary proposals are provided to the City to ensure the developer is aware of the City’s engineering and Bylaw requirements. These conversations allow the developer a chance to work through requirements without having to change their application. This is standard operating procedure applied to all development applications.

• Council members noted they are unable to answer residents’ enquiries because they are not involved in any communication before the application is brought in front of them. They would like to be able to be part of process. Staff noted that is difficult until an application is received.

• Discussions involving development and land use must occur in an open meeting to preserve openness and transparency.

#97-20 MOVED by Councillor Britton, seconded by Councillor Wright

THAT Council direct staff to implement options one, two and three for public notification and consultation for development applications during COVID-19 for all developments except Royal York Golf Course. Discussion on motion:

• Policy 1-100-12 applies to major development applications so there is no need to single out any one property or development. It should be consistent.

AMENDMENT MOVED by Councillor Britton, seconded by Councillor Wright THAT Council direct staff to maintain Policy 1-100-12 for all major developments.

VOTE ON AMENDMENT - CARRIED VOTE ON MOTION AS AMENDED - CARRIED




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2020-2024 Financial Plan J. Felker reviewed the 2020-2024 Financial Plan.

#98-20 MOVED by Councillor Drapala, seconded by Councillor Britton THAT Council authorize a one-time $45 COVID Rebate be applied to all residential assessed properties for the 2020 taxation year.

CARRIED Councillor Wright - Opposed

2020 Tax Rates J. Felker reviewed the 2020 tax rates and Distribution of Property Tax Rates Among the Property Classes Policy 2-200-20.

#99-20 MOVED by Councillor Britton, seconded by Councillor Froats THAT Council amend Policy 2-200-20 Distribution of Property Taxes Among the Property Classes as presented this 11th day of May 2020.

CARRIED BYLAWS

J. Graham, CO stated that Province of BC Ministerial Order No. M139, issued May 1, 2020 allows bylaws to be given third reading and adoption at the same Regular Council meeting under D4 s12.

City of Armstrong 2020 - 2024 Financial Plan Bylaw No. 1855, 2020

#100-20 MOVED by Councillor Britton, seconded by Councillor Drapala THAT the City of Armstrong 2020 - 2024 Financial Plan Bylaw No. 1855, 2020 be read a first, second and third time this 11th day of May 2020.

CARRIED

#101-20 MOVED by Councillor Britton, seconded by Councillor Drapala THAT the City of Armstrong 2020 - 2024 Financial Plan Bylaw No. 1855, 2020 be adopted this 11th day of May 2020.

CARRIED Councillor Wright left the meeting at 6:30 pm.




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City of Armstrong Annual Tax Rate Bylaw No. 1856, 2020

#102-20 MOVED by Councillor Froats, seconded by Councillor Drapala THAT the City of Armstrong Annual Tax Rate Bylaw No. 1856, 2020 be read a first, second and third time this 11th day of May 2020.

CARRIED Councillor Wright returned to the meeting at 6:31 pm.

#103-20 MOVED by Councillor Froats, seconded by Councillor Britton THAT the City of Armstrong Annual Tax Rate Bylaw No. 1856, 2020 be adopted this 11th day of May 2020.

CARRIED CORRESPONDENCE

General Information District of Lake Country RE: Interest Charged on Deferred Mortgage Payments

#104-20 MOVED by Councillor Britton, seconded by Councillor Fisher

THAT the correspondence be received. CARRIED

Association of Canadian Cannabis Retailers RE: Letter to Minister Farnworth

NEW BUSINESS

Proclamations Child Find's Green Ribbon of Hope month and National Missing Children's day - May and May 25, 2020 Mayor Pieper proclaimed May as Child Find's Green Ribbon of Home month and May 25, 2020 as National Missing Children's day.




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Other Appointments A/S Parks & Recreation Commission Councillor Britton reviewed the latest information shared through Parks and Recreation Manager L. Larsen.

• Looking to open the park and pool after the May long weekend. At this time, during COVID-19, the pool has been considered low risk, but the change rooms are placed at a higher risk for public – still looking at options for the change rooms.

• Shop addition has been completed. • IPE and Metal fest have been cancelled.

RDNO Business Verbal Report from Board Representative - Councillor S. Fowler Councillor Fowler reviewed Regional Board business:

• Regional Growth Strategy’s top three priorities: #1-Economic development, #2 housing initiatives, #3 environmental initiatives.

• Regional Agricultural Advisory top three priorities: #1-meat processing plants to allow smaller processers to operate, #2-consider collaborating with other regional districts, #3-activly producers with skilled labourers.

Mayor's Report Mayor Pieper stated that he is keeping abreast with federal and provincial daily reports. P. Noonan, Chamber of Commerce Manager, reported that the Chamber will be receiving some funding for summer jobs and Canada Day. While the office remains closed, lots of people are requesting information on the area. They have been looking into live stream the “Music in the Park” to help limit the number of individuals attending. IN CAMERA / CLOSED SESSION

#105-20 MOVED by Councillor Froats, seconded by Councillor Fisher THAT pursuant to Section 90(1)[c], [e], [i], [j] and [k] of the Community Charter, that Council move to an In-Camera Council meeting to address: (c) labour relations or other employee relations; (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;




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(i)the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act; and (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.

CARRIED Council moved to an In-Camera session at 6:55 pm. Council reconvened to the Regular Council meeting at 8:20 pm. Council authorized the release of the following resolution from the in-camera session:

#23-20-IC MOVED by Councillor Fowler, seconded by Councillor Drapala

THAT City of Armstrong Council authorize the release of resolution: “#22-20-IC THAT Council authorize staff to proceed with engaging the services of MQN Architecture and Interior Design to draft conceptual designs for a new City Hall.” from the in-camera meeting held on May 11, 2020.

CARRIED ADJOURNMENT

Mayor Pieper adjourned the May 11, 2020 Regular Council meeting at 8:20 pm. CERTIFIED CORRECT:

CORPORATE OFFICER MAYOR



MEMORANDUM TO: Mayor and Council File No: 0670-00

FROM: Warren Smith, Manager of Community Services

DATE: May 19, 2020

SUBJECT: Community Services Update

Emergency Management

• Staff are confident that impacts from spring freshet flooding have be reduced substantially based on the melting of the snowpack between valley bottom and the 1,500m level. There is still the potential for overland and creek flooding due to large precipitation events that often occur in May and June within the Okanagan.

• Management team continues to meet weekly to review pandemic updates, orders and

strategies.

• Staff are participating in Interior Health EMBC COVID-19 update and information sharing conference calls 1 day a week.

• Staff participated in Emergency Management BC Common Operating Picture Portal training and information sharing session on May 14th. Training included implementation of mapping Rapid Damage Assessments, Mapping tools, use of Arial Drones, use of the Flooding Dashboard and Situational Awareness Tools.

Occupational Health and Safety

• Management and both the Inside and Outside Workers continue follow sanitizing and social distancing practices to act in further preventing the spread of COVID-19.

• Staff have been completing procedure development to ensure City of Armstrong Facility’s and Operations meet required standards and practices outlined by WorkSafeBC, BC Health Authority and Interior Health.



Bylaw Enforcement and Dog Control

• Staff participated with Mayor Pieper and Councilor Fowler in developing a “Make Water Work” video message that will be used as part of this years launch and campaign.

• The City has received its Black Cat Radar Unit. Staff will be developing use procedures and start testing in June.



MEMORANDUM To: Mayor and Council File No: 0260-03

From: Dan Passmore, Planner/Approving Officer

Date: May 19, 2020

Subject: Planning Update

1. Current Planning

Staff have a Rezoning Application for 3535 Otter Lake Road.

2. OCP

Staff have received and reviewed a preliminary draft copy of the Housing Needs Assessment, currently being conducted by the RDNO. Staff have met with the consultant and provided feedback on the work to date. Staff will have one further meeting to finalise the plan moving forward. The goal of RDNO staff is to present the draft Assessment to the RGMAC on June 3, and finally to the Board of Directors of the RDNO on June 17. Before this happens Council of the City of Armstrong will need to receive the assessment through a resolution of Council. This will be forthcoming soon.

AGENDA ITEM #6. 6.b)



FROM: Paul Carver, Public Works Manager

DATE: May 19, 2020

SUBJECT: Public Works Manager’s Report

Public Works Operations

• Annual beautification initiatives underway. • Roadside and parks mowing underway.

Capital Projects

• Meigan Creek - Project still advancing through approval/design process. • Sage Avenue Upgrade - Preconstruction meeting was held on May 15, 2020. Construction

has commenced. • Sewage lagoon Cell 3 desludging - Construction schedule under review with contractor.

2020 Spring Freshet

• Creek levels being monitored daily. • Public works visited the lakes on May 14, 2020. Nothing out of the ordinary was observed.

Bylaws

• Solid Waste Collection Service Bylaw No. 1857, 2020 is complete and will be presented for First, Second and Third reading on May 25, 2020.

AGENDA ITEM #6. 6.c)



FROM: Janene Felker, CFO

DATE: May 12, 2020

SUBJECT: 2019 Climate Action and Carbon Emission Report

BACKGROUND

Since the City signed the Climate Action Charter, there are annual reporting requirements that must be completed.

DISCUSSION

Presented to Council is the 2019 Climate Action and Carbon Emission Report. Each year, the City quantifies the corporate emissions and reports on initiatives that the City and community are embarking on to help reduce the carbon emissions. Consistent with past practices, the City did not purchase any carbon offsets in 2019.

The report must be submitted to the government by May 31st and available for public viewing. The report will be submitted to the Province on May 21st and can be found on the City’s website.

FINANCIAL CONSIDERATIONS

One part of the reporting requirements is a grant application for the carbon tax paid by the City. Our 2019 grant is $4,935.

RECOMMENDATION

Report is presented for information purposes.



CLIMATE ACTION & CARBON EMISSION REPORT - 2018 Part 1 – Commitment The City of Armstrong, along with the Province of BC and the UBCM has signed the Climate Action Charter pledging to achieve the following goals: Make progress in becoming carbon neutral in corporate operations; measure and report on our community greenhouse gas emission profile; and work to create complete, compact, more energy efficient communities. In 2008, the Province of BC announced that communities that have signed onto the Climate Action Charter and agree to publicly report on their climate action progress would be eligible for the Climate Action Revenue Incentive Program (CARIP) grant. The following report meets the CARIP requirements to publicly report on climate actions undertaken by the City in 2018 and intended actions for the following year. Part 2 – Measurement Corporate Energy & Emissions Inventory: The City has been documenting energy consumption and greenhouse gas emissions for all corporate operations of the City of Armstrong for the past nine years. Corporate emissions totalled 165.09 tonnes of carbon dioxide in 2018. The total emissions reported in 2017 were 208.52 tonnes. This represents a decrease of 21%. The cause for this decrease consumption of natural gas in public facilities and the replacement of older diesel equipment with newer more efficient models. In addition, the conditions prevalent in the BC wildfire season did not require as much equipment time when compared to 2017. The City did not offset the 2018 emissions by purchasing carbon credits nor by initiating qualifying energy reduction projects. The City will continue to work towards carbon neutrality through efforts to reduce energy consumption. Community-Wide Measurement Actions: The City utilizes the Community Energy and Emissions Inventory (CEEI) from the Province of BC to measure community-wide emissions. Previously reported CEEI values have been revised by the Province to exclude carbon emissions from vehicles due to the lack of statistical accuracy. The following represents the revised CEEI data for the community for each of the three report-out years: Community-Wide Census Emissions Year Emissions (CO2t) Population per Capita % Change 2007 14,573 4,241 3.44 2010 13,324 4,241 3.14 -8.7% 2012 16,108 4,815 3.35 +6.7% The go forward reporting will reflect a higher population and therefore a differing emission per capita. Figure for years of 2016 and onward. This is due to the revised census numbers showing Armstrong’s Population increased to 5,114.



Part 3 – Planning Official Community Plan (OCP) targets: The City’s OCP was adopted in 2014 and reflects a community-wide emission reduction target of 7% by 2020 and 15% by 2030. These reductions are in relation to the baseline community-wide emission data of 2007. The City’s OCP is scheduled for revision in 2019 and will be updated with revised targets. Part 4 – Actions Corporate Actions in 2018

• Establishment of new Council Strategic Plan, which listed composting as an objective • Continued replacement of streetlights with LED fixtures • Replacement of old vehicles and equipment with more efficient models

Corporate Actions Proposed in 2019

• Asset Management Planning (grant application and project implementation) • Replacement of a Fire Dept pumper/ladder truck with a newer more energy efficient unit • Partner in a trails master plan with neighbouring municipality to help the growth of the trails

system in the area

Community-Wide Actions in 2018 • Participated in “Make Water Work” initiative • Stage 1 watering restrictions year around to promote conservation • Facilitated curbside recycling through Recycle BC

Community-Wide Actions Proposed in 2019

• Participate in Communities in Bloom Project, which encourages planting of trees and flowers and includes a community wide spring clean up

• Review and update Official Community Plan • Participate in North Okanagan Regional Growth Strategy review • Planning and development of the Rail Trail between Armstrong and Sicamous



CLIMATE ACTION & CARBON EMISSION REPORT - 2019

Part 1 – Commitment The City of Armstrong, along with the Province of BC and the UBCM has signed the Climate Action Charter pledging to achieve the following goals: Make progress in becoming carbon neutral in corporate operations; measure and report on our community greenhouse gas emission profile; and work to create complete, compact, more energy efficient communities. In 2008, the Province of BC announced that communities that have signed onto the Climate Action Charter and agree to publicly report on their climate action progress would be eligible for the Climate Action Revenue Incentive Program (CARIP) grant. The following report meets the CARIP requirements to publicly report on climate actions undertaken by the City in 2019 and intended actions for the following year. Part 2 – Measurement Corporate Energy & Emissions Inventory: The City has been documenting energy consumption and greenhouse gas emissions for all corporate operations of the City of Armstrong for the past nine years. Corporate emissions totalled 147.27 tonnes of carbon dioxide in 2019. The total emissions reported in 2018 were 165.09 tonnes. This represents a decrease of 11%. The cause for this decrease were decreased consumption of electricity in public facilities and the replacement of older diesel equipment with newer more efficient models. The City did not offset the 2019 emissions by purchasing carbon credits nor by initiating qualifying energy reduction projects. The City will continue to work towards carbon neutrality through efforts to reduce energy consumption.

333.28

182.19

160.53 156.47

177.47 208.52

165.09147.27

0

50

100

150

200

250

300

350

2012 2013 2014 2015 2016 2017 2018 2019

Emis

sion

s (t

CO2)

Year

Municipal Operations



Part 3 – Planning Official Community Plan (OCP) targets: The City’s OCP was adopted in 2014 and reflects a community-wide emission reduction target of 7% by 2020 and 15% by 2030. These reductions are in relation to the baseline community-wide emission data of 2007. The City’s OCP is scheduled for revision in 2020 and will be updated with revised targets. Part 4 – Actions Corporate Actions in 2019

• Asset Management Planning (grant application and project implementation) • Replacement of a Fire Dept pumper/ladder truck with a newer more energy efficient unit • Update to Council’s Strategic Plan

Corporate Actions Proposed in 2020

• Partner in a trails master plan with neighbouring municipality to help the growth of the

trails system in the area • Continued exploration into Council’s Strategic Plan objective of providing composting • Improvements to water intake to help with water turbidity during the spring freshet

Community-Wide Actions in 2019

• Stage 1 watering restrictions year around to promote conservation • Participated in Communities in Bloom Project, which encouraged the planting of trees

and flowers and included a community wide spring clean up • Continued replacement of streetlights with LED fixtures • Rehabilitation of Meighan Creek, which saw the removal of invasive species and weeds,

restoration of greenspace, and dredging of creek bed for future flood mitigation

Community-Wide Actions Proposed in 2020

• Review and update Official Community Plan • Participate in North Okanagan Regional Growth Strategy review • Planning and development of the Rail Trail between Armstrong and Sicamous



City of Armstrong2010 Carbon Emissions Breakdown by Energy Type

Electricity Consumption GHG EmissionsLocation: kWh tCO2e Electricity 0.000010 tCO2e/kWhCity Hall 32,402.00 0.32 Natural Gas 0.049870 tCO2e/GJPublic Works Shop 28,743.00 0.29 Gasoline 0.002262 tCO2e/LFire Hall 97,149.00 0.97 Diesel 0.002630 tCO2e/LSpirit Square 471.00 0.00 Propane 0.001548 tCO2e/LStreetlights 31,464.80 0.31Water Treatment Plant 155,676.00 1.56Water Wells 21,934.00 0.22Sewer Treatment Plant - Adair 752,479.00 7.52Sewer Treatment Plant - Thomas Hayes 196,062.00 1.96Lift Stations 10,092.00 0.10Irrigation 172,610.00 1.73

1,499,082.80 14.99

Natural Gas Consumption GHG EmissionsLocation GJ tCO2eCity Hall 193.70 9.66Public Works Shop 129.00 6.43Adair Building 4.30 0.21Fire Hall 500.90 24.98

827.90 41.29

Gasoline Consumption GHG EmissionsUnit # L tCO2e#1 - 2008 Ford 489.67 1.11#2 - 2008 Ford F250 1,722.06 3.90#3 - 2015 GMC 2,261.14 5.11#4 - 2008 Ford Ranger 355.33 0.80#5 - Ford 1 Ton 1,626.82 3.68#9 - 2015 GMC 2,990.07 6.76Snowmobiles 44.38 0.10Miscellaneous Equipment 482.43 1.09Nor-Val Equipment Rentals 62.00 0.14Employee Personal Vehicle for Work Travel 953.95 2.16Utility 1 1,847.13 4.18

12,834.97 29.03

Diesel Consumption GHG EmissionsUnit # L tCO2e#6 - Street Sweeper 4,857.27 12.77#7 - Freightliner Dump Truck 2,404.45 6.32#10 - Backhoe 1,251.05 3.29#11 - Wille Tractor 1,665.80 4.38#12 - Loader 2,915.87 7.67#14 - International Dump Truck 3,147.19 8.28Miscellaneous Equipment 288.30 0.76Nor-Val Equipment Rentals - 0.00Engine 1 1,997.34 5.25Quint 1 1,252.83 3.29Tender 12 746.21 1.96Tender 1 1,111.20 2.92Tender 13 131.55 0.35Rescue 1 1,137.79 2.99

22,906.86 60.25

Propane Consumption GHG EmissionsLocation L tCO2eSewer Treatment Plant - Thomas Hayes 1,104.50 1.71

Grand Total 2019 147.27 tCO2e

GHG Emissions Conversion Table:




FROM: Janene Felker, CFO

DATE: May 14, 2020

SUBJECT: 2019 Budget to Actual, Surplus, and Reserve Balances

BACKGROUND

Now that the 2019 audit is completed, Staff wanted to ensure that Council was able to review some more detailed financial information for 2019. The surplus accounts, along with the reserve accounts, are presented for Council’s information.

DISCUSSION

There are two separate reports attached to be discussed:

1) 2019 Budget to Actual

This report shows the detailed segments that had both a $10,000 and 10% variance to budget. Items also with no budget, but with actuals are presented as well. Each line item has a brief explanation as to why the variance has occurred. Variances are presented either as positive or negative numbers based on their impact on the surplus.

2) Reserves and Surplus Balances at December 31, 2019

This report shows the balances of the unallocated and allocated surplus accounts at December 31st.

Prior Year Operating Surpluses – the balances in these accounts represent the surpluses that each operating fund has generated. In 2019, the funds have yet to be allocated. The value in the “transfers in” column shows the 2019 surplus that each of the funds generated. The best practise would be for Council to allocate these accounts, leaving approximately $100,000 in each account. The surplus for Fire is the City’s portion only, the amount for Spallumcheen is accounted for separately.

Reserve Accounts (allocated surplus accounts) – these accounts have been identified by Council as areas of importance and have had contributions allocated to them over the years. The one reserve that is concerning is the Public Works Equipment Reserve. Over the past few years, the contribution into the reserve has almost always been less than what has gone out of the reserve. Fortunately, there are no equipment purchases scheduled for 2020 and a proper replacement plan and contribution plan will be presented to Council during the 2021 budget preparation process.



RECOMMENDATION

That the Unallocated Surplus at December 31, 2019 be distributed as follows: - General Fund Surplus

o $13,000 to Public Works Equipment - Water Fund Surplus

o $350,000 to Water Infrastructure - Sewer Fund Surplus

o $420,000 to Sanitary Sewer Infrastructure - Fire Fund Surplus

o $64,000 to Fire Protection Equipment



CITY OF ARMSTRONGFOR THE YEAR ENDED DECEMBER 31, 2019REVENUESALE OF SERVICES Budget Actual Variance $ Variance % Notes

MISC REVENUE (14,000) (24,626) 10,626 -76% Insurance proceeds for Chamber & ALR ApplicationsDEVELOPMENT FEE REVENUE (20,000) (6,655) (13,345) 67% No significant developments during the yearRESIDENTIAL GARBAGE COLLECTION FEES (185,000) (252,177) 67,177 -36% Full year of new pricing at $116.40/yrSEWER FEES (1,026,240) (1,141,702) 115,462 -11% Increase fixed fees & new connections

INTEREST & PENALTIESINTEREST INCOME - GENERAL (140,000) (198,073) 58,073 -41% All accounts experiencing better interest ratesINTEREST - TRANSFERRED TO OTHER FUNDS 89,000 174,708 (85,708) -96% Correlates with accounts receiving better interestGAIN/LOSS ON INVESTMENTS - 14,508 (14,508) Loss realized when funds moved from MFA to CanaccordSEWER PENALTIES (1,200) (14,219) 13,019 -1085% Penalties related to sewer charges

DEVELOPER CONTRIBUTIONS (95,000) (9,000) (86,000) 91% No significant developments in 2019

GRANTSCOMMUNITY WORKS FUND (268,000) (538,269) 270,269 -101% Additional 1 time gas tax lump sum paymentPLANNING GRANTS - (19,929) 19,929 EOC and Asset Management GrantsFED/PROV GRANT - WASTERWATER - (167,112) 167,112 Final payment for water treatment plant upgrades

TRANSFERS FROM RESERVES & SURPLUSPRIOR YEAR SURPLUS - GENERAL - (436,000) 436,000 Allocation of 2018 Surplus, Council ResolutionPARKS & RECREATION RESERVE (175,140) (138,003) (37,138) 21% Norval reno not yet completeROADS & DRAINAGE RESERVE (303,000) (246,835) (56,165) 19% Capital projects less than expectedPOLICING RESERVE (98,399) - (98,399) 100% Transfer not required because 4th member not transferredCARRY-OVER RESERVE (58,000) (22,500) (35,500) 61% Not all carryforwards used in 2019BUILDING INSPECTION RESERVE (80,000) - (80,000) 100% Transfer was not requiredBUILDING RESERVE (290,000) - (290,000) 100% No work done on new City HallWATER RESERVE (350,755) (141,025) (209,730) 60% Capital projects less than expectedSEWER RESERVE (1,058,648) (244,296) (814,351) 77% Capital projects less than expected

EXPENSESGENERAL GOVERNMENT

LEGAL SERVICES AND CONSULTING 105,000 79,392 25,608 24% Wetland Masterplan less than anticipatedPLANNING CONTRACT 126,160 77,127 49,033 39% Switched to a salaried positionPLANNING OCCUPANCY & EVENTS 15,000 1,233 13,767 92% Additional office space for planner not required

POLICING & BYLAWRCMP CONTRACT 636,932 504,829 132,103 21% 1 position not filledBUILDING INSPECTION 101,600 116,531 (14,931) -15% Increase in feesEMERGENCY - MATERIALS & SUPPLIES 500 12,377 (11,877) -2375% EOC upgrades, covered by grant

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PUBLIC WORKS Budget Actual Variance $ Variance % NotesPW EQUIPMENT 19,513 65,127 (45,614) -234% Unscheduled repairs to equipmentROAD MAINTENANCE 231,663 134,116 97,547 42% Crew & equipment savings in landscapingSTORM SEWER 63,501 88,674 (25,173) -40% Flood mapping and mitigation project SNOW REMOVAL 156,055 135,843 20,213 13% Savings in snow hauling in Jan-March 2019

WATERSUPPLY AND MONITORING 10,653 40,859 (30,206) -284% New water meter reading equipment, funds from 2018RESERVOIR, WELL, DAM MAINTENANCE 36,296 22,656 13,641 38% Significant reduction in utility costsWATER TREATMENT AND DISTRIBUTION 172,366 129,288 43,077 25% Crew & equipment savings in repairs & maintenance

SEWERCOLLECTION 62,299 51,522 10,777 17% Line flushing program not completedADAIR SEWER TREATMENT PLANT 219,800 169,230 50,570 23% Significant reduce in utility costsIRRIGATION 42,098 53,604 (11,506) -27% Increased costs with South sector pump and ground water reportTHOMAS HAYES RESVOIR 72,176 89,748 (17,573) -24% Repairs to Cell 3 and preparation for desludging

DEBT SERVICINGDEBT BYLAW 1787 - HUCULAK PARK 16,000 32,000 (16,000) -100% 2018 payment CF and made in 2019

CAPITALPW YARD DRAINAGE 26,000 - 26,000 100% Estimate for work, over budget, project not doneLOADER AND ATTACHMENTS 290,000 229,453 60,547 21% Tender amount came in below budgetADMINSTRATION BUILDING 290,000 - 290,000 100% No work done regarding new City HallSAGE AVE/CRES UPGRADE - 31,595 (31,595) Prelim engineering for 2020/2021 Sage projectSERVICE TRUCK WITH CRANE/PUMP - 90,247 (90,247) Budgeted for in 2018, not purchased till 2019PARKS & RECREATION 175,140 138,003 37,138 21% Norval renovations not completedWATE INTAKE SCREEN 368,000 23,131 344,869 94% Only engineering done, to be completed in 2020FORTUNE CREEK MONITORING 75,850 - 75,850 100% Not doneFILTRATION SYSTEM 400,000 - 400,000 100% Grant applied for in 2019ROSEDALE AVE SEWER SERVICE 272,650 94,073 178,577 65% Error in budget. Work fully completed.SEWER CELLS 1, 2 & 3 618,998 - 618,998 100% Funds diverted to Flocculation PlantSEWER KIOSK @ MEIGHAN CREEK 50,000 10,728 39,272 79% Not completed in 2019, to be completed in 2020SEWER KIOSK @ SMITH DR 65,000 11,798 53,202 82% Not completed in 2019, to be completed in 2020SEWER SCADA SYSTEM 35,000 20,478 14,522 41% Not completed in 2019, to be completed in 2020SEWER MANHOLES 17,000 32,917 (15,917) -94% Two projects, one manhole and VCT repair to another, ok'd by CouncilFLOCCULATION PLANT - 64,807 (64,807) Council authorized reserve funds to be directed to this project

TRANSFER TO RESERVESMUNICIPAL RESERVES 932,400 1,739,503 (807,103) -87% Increased due to gas tax payments and surplus transfersSPECIAL RESERVE - 39,840 (39,840) RCMP surplus to reservesBUILDING INSPECTION RESERVE - 30,000 (30,000) Building inspection surplus to reserves

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City of ArmstrongReserves and Surplus Balances

At December 31, 2019

December Transfers Transfers December2018 In Out 2019

Prior Years' Operating SurplusesGeneral Fund 176,363 13,339 (76,000) 113,702 Water Fund 262,070 348,062 (160,000) 450,132 Sanitary Sewer Fund 303,928 416,122 (200,000) 520,050 Fire Fund 106,664 63,940 (6,000) 164,604

Municipal Reserve Fund (Bylaw 1385)Roads & Drainage Infrastructure 807,728$ 321,909 (348,124) 781,514 Water Infrastructure 484,534 240,426 (44,962) 679,998 Sanitary Sewer Infrastructure 1,886,759 418,530 (234,801) 2,070,489 Public Works Equipment 206,982 104,040 (309,700) 1,322 Fire Protection Equipment 572,727 19,933 (406,554) 186,106 Parks & Recreation Facilities 379,004 54,965 (138,003) 295,966 City Hall Building Replacement 171,755 154,384 - 326,140 Federal Gas Tax (Community Works Fund) 832,571 561,597 (389,758) 1,004,411 Cemetery Infrastructure - 34,862 - 34,862 Environmental & Carbon Emission Reduction 17,251 439 - 17,690 Betty Atkinson Memorial Bursary 4,903 119 (1,000) 4,022

Special Reserve Fund (Bylaw 1388) 457,566 50,905 508,471 Attainable Housing Reserve Fund (Bylaw 1695) 395,572 9,566 (15,982) 389,156 Project Carry-over Reserve 113,688 (51,777) 61,911 Building Inspection Operating Reserve 360,039 30,000 390,039




FROM: Kevin Bertles, Chief Administrative Officer

DATE: May 19, 2020

SUBJECT: Re-opening of City Hall Facility

BACKGROUND

In accordance with direction from the Minister of Municipal Affairs and Housing, City Hall offices were re-opened on a limited basis to the public on May 19, 2020. On this date all transitional assistance for staff was suspended and full staffing resumed in City Hall.

The re-opening was to limited access at City Hall. Social distance markers were placed at the entrance to City Hall, signs outlining City Hall procedures were placed at the entrance. A traffic light switched from inside to signal to the next person in line was added, and a one person limit was placed on persons in the entrance foyer.

In addition, one-way foot traffic in through the main entrance and out via the old main entrance was established. Washrooms for the public remain closed, and in person visits are limited to Utility and Tax payments, garbage stickers and dog licenses. The majority of other customer interactions are to be conducted by appointment only.

ALTERNATIVES/OPTIONS

City Council could opt to revert to previous closed offices.

RECOMMENDATION

That Council receive this report for information.

AGENDA ITEM #7. 7.c)



FROM: Lisa Gyorkos, Clerk 2 and Janene Felker, CFO

DATE: May 19, 2020

SUBJECT: Council Section – 2019 Annual Report

BACKGROUND

Historically our annual reports include a section about our Mayor and Council. In the past we have used the official Mayor and Council group photo taken in the Chambers.

DISCUSSION

In trying to ensure the annual report is updated and remains timely staff frequently review other communities annual report submissions.

Many other communities have started expanding their Mayor and Council section to include individual headshots and personalized write ups about the Mayor and Councillors.

Staff would like to move to this format providing a more individual view of Mayor and Council.


Headshots will cost $200 for all and then we will have those photos to use in future communications as required.

ALTERNATIVES/OPTIONS

Continue with the current group shot format and not include individual write ups.

Continue with the current group shot and include individual write ups with without headshots.

RECOMMENDATION

THAT Council authorize staff to change the format in the Annual Report to include headshots of Mayor and Council with individualized write ups.

AND THAT Council authorize the cost associated with obtaining headshots.

AGENDA ITEM #7. 7.d)


MEMORANDUM To: Mayor and Council File No: 0260-03

From: Dan Passmore, Planner/Approving Officer

Date: May 12, 2020

Subject: Staff and Proposed Preliminary Development Review

Issue:

Council at the May 11, 2020 regular meeting requested staff to provide information regarding interactions staff may have with a developer in the context of a preliminary proposal.

Applicable Policy:

Development Application Procedures Bylaw No. 1807, 2017

Official Community Plan Bylaw No. 1750, 2014

Public Notification and Consultation for Development Applications Policy # 1-100-12

Subdivision and Development Servicing Bylaw No. 1570

The Proposal:

Typically a developer’s Civil Engineer will be asked to submit an initial Servicing Brief together with a very preliminary layout proposal. The Technical Memo describes the concept plan and represents a first attempt to discover costs that the developer may incur, from both on-site servicing works, off-site servicing works, and any supplementary studies staff will require to ensure the development does not place unnecessary burdens on the City.

As the detailed design work continues water and sanitary demands may need to be confirmed as they change to ensure that said offsite works remain valid. The memo would request City staff to advise on any additional studies that may be required.

Additionally if the proposed project is big enough it triggers the Public Notification and Consultation for Development Applications Policy # 1-100-12, which requires the developer to hold a public meeting, to which the developer is required to invite Council to attend.

Staff Response:

Staff will review the design brief and provide a response to the developer, setting the stage to refine the development proposal to ensure it will satisfy municipal bylaws and policies respecting the development of land within the City of Armstrong.

What is the role of Council in this Process

At this preliminary stage, it is not necessary for Council to become involved in the process. Rather, Council will be asked only after an application has been submitted, to decide on the merits of the

AGENDA ITEM #7. 7.e)


proposal as it is fully fleshed out, in the form of a bylaw(s) instead of a preliminary proposal to judge concept viability. Also, when it comes to whatever Public process is endorsed by Council, it will be important for individual Councillors to attend and to listen to both the developer’s proposal and the public’s input and questions to determine which aspects of a final proposal will be focussed on by the public when an application and bylaws are finally in front of Council as the decision-makers.

It will also be important for Council to listen carefully to the developer and what he promises the public he will do to ensure the development does not create conflict with the neighbourhood and what studies he will submit to the City to demonstrate that the project will be a benefit to the community. However, it is critical to reserve any opinions on the proposal prior to the application to maintain an open mind to the bylaws.

Besides considering the bylaws, you will also be tasked with attending the Public Hearing and listening to all public input into the bylaws. By Provincial law, after the Public Hearing has been closed you are not to receive any additional information regarding the bylaws, unless the information is contained within a report to Council for consideration of further reading of the bylaws.

Your role, after all, is to review the bylaws in an impartial manner, and decide whether the work staff has done on your behalf and ultimately the development is in the best interests of Armstrong.

Why Council Should be Concerned

Any irregularities in the process of consideration of the bylaw is fodder for the potential action of aggrieved members of the public to petition the court in an attempt to overturn the bylaw. This alone should give Council pause to meet with the developer on an informal, or formal basis in the case of a Committee of the Whole meeting, or asking staff to provide confidential information. Presenting opinions to the developer in a public setting can also color the public perception of the process. Having the bylaw challenged in Court does not serve Council or the developer.

Also, staff are under an obligation to respect the expectation of confidentiality with the developer at this preliminary stage until a formal application is received. As preliminary discussions at this time are in regard to expectations for works within the site and without, which represent monetary concerns (feasibility) of the project, the disclosure of details regarding these negotiations, if they were made public through presentation to Council at a public meeting, may be harmful to the business interests of the developer.

Anticipating the Process Moving Forward:

A development proposal of magnitude in the middle of an existing neighbourhood presents interesting complexities to the developer and staff. For this reason, staff anticipated the needs of the Public and proposed the consultation policy noted above to handle applications for major developments in the community. This policy, together with Development Applications Procedures Bylaw No. 1807 provide staff with a framework for moving forward with a review of an anticipated application.

The Procedures Bylaw places the onus onto the Planner to determine any Development Approval Information that may be required to support any such application. The Official Community Plan currently provides staff with guidelines and policies to consider regarding critical infrastructure requirements, amenity requirements, environmental measures, habitat protection, and



sustainability considerations on the site. The Subdivision and Development Servicing Bylaw requires the Approving Officer, the Manager of Public Works and the City Engineer to ensure that engineering development standards are adhered to and that the proposed development can be serviced.

Some of the OCP guidelines and policies can be considered through the process of staff encouraging various community groups to meet with the developer on site. The views of the public will be considered through some form of public meeting, which format Council will need to consider separately now by endorsing the Consultation Policy, as is, at the last Council Meeting, without regard to public health authority’s restrictions on such meetings.

A proposal at this stage is preliminary, and much consultation will need to occur with the developer before designs for infrastructure improvements can be finalized. Staff are not empowered to relax any policy or bylaw requirements, and if the developer is proposing such relaxations, he will be asked to include any such requests within his application materials. Once the application has been submitted it is a public document.

Staff are experienced in dealing with applications in this manner. We will meet with the developer in the City’s interest, on behalf of Council and the Public, and review the policy and bylaw requirements. We will then present the results of the application to Council for your decision.

The final step of the process is review of a subdivision proposal by the Approving Officer. The Approving Officer is a statutory position that is required to not be subject to interference, hindering, or obstruction by any person in the performance of the duty of the office.




FROM: Warren Smith, Community Services Manager

DATE: May 19, 2020

SUBJECT: Fire Prevention Bylaw 1858 ,2020

BACKGROUND On September 15, 2019 changes to the provincial Open Burning Smoke Control Regulation were implemented by the Ministry of Environment and Climate Change Strategy. The City of Armstrong’s current Fire Prevention Bylaw 1782, 2016 is not reflective of these changes and requires an update.

DISCUSSION Staff have made changes (in Red) to the Fire Prevention Bylaw 1782,2016 to reflect the required changes under the Open Burning Smoke Control Regulation. (See attached) In addition, under the direction of the Armstrong Spallumcheen Fire Department clarity is needed within some definitions, the designated authority needs correcting, grammar and changes to the types and sizes of fires permitted for cooking or ceremonial purposes is required to better manage safety concerns. At this time recreational fires are not permitted but if an individual utilizes the fire to cook food, the fire is permitted. This has caused conflict and does not regulate or assist in managing any safety aspects in fire prevention. Staff are recommending that recreational fires be permitted as this change to the bylaw would regulate and restrict these types fires whether they are for cooking, ceremonial or recreational purposes. FINANCIAL CONSIDERATION There would be a reduction in calls for service to the Armstrong Spallumcheen Fire Dept in response to recreational backyard fires. ALTERNATE RECOMMENDATION THAT Council provide direction to staff to bring a new Fire Prevention bylaw back to Council for First, Second, and Third readings. RECOMMENDATION THAT Council repeal Fire Prevention Bylaw 1782,2016, and further THAT Council give Fire Prevention Bylaw 1858, 2020 First, Second and Third Reading.

AGENDA ITEM #7. 7.f)


Fire Prevention Bylaw No. 1858, 2020 Page 1

THE CITY OF ARMSTRONG

BYLAW No. 1858, 2020

FIRE PREVENTION BYLAW

A bylaw to address fire prevention and regulation

WHEREAS the City of Armstrong, jointly with the Township of Spallumcheen, has established and operates the Fire Department pursuant to the Intermunicipal Fire Services Bylaw; AND WHEREAS the operation of the Fire Department is subject to the terms of the Intermunicipal Agreement with the Township of Spallumcheen; AND WHEREAS the City of Armstrong is permitted under the Intermunicipal Agreement to establish bylaws relating to fire prevention and regulation, and similar matters, which the Fire Department is responsible for enforcing; AND WHEREAS the City of Armstrong wishes to enact this bylaw to address matters related to fire prevention and regulation; NOW THEREFORE the Council of the City of Armstrong in open meeting assembled enacts as follows: The following is an index to this bylaw:

Part 1 Definitions Part 2 Adoption of Codes and Fire Department Authority Part 3 Permits and Licences Part 4 General Part 5 Penalties Part 6 Miscellaneous

PART 1 – TITLE

1. This Bylaw may be known and cited for all purposes as the “City of Armstrong Fire Prevention Bylaw No. 1856, 2020”.

PART 2 – DEFINITIONS

1.1 In this bylaw all words and phrases not otherwise defined will be construed as having their

ordinary meaning except those words and phrases defined in accordance with the current BC Building Code, the Fire Services Act, or Fire Safety Act, the BC Fire Code or those set forth by the Ministry of Environment Open Burning Smoke Control Regulation.

1.2 In this bylaw, including in the recitals hereto, unless the context requires otherwise:

(a) “Building Code” means the British Columbia Building Code 20128 and regulations made under it and includes any and all amendments and successor codes;




(b) “Campfire” means an open-air contained confined open-air fire used for cooking,

recreational or ceremonial purposes;

(c) “Chief Administrative Officer” means the person duly appointed to serve as Chief Administrative Officer of the City;

(d) “City” means the City of Armstrong or the geographic area contained thereof as the context requires;

(e) “Community Charter” means the Community Charter, SBC 2003, c. 26 as

amended or re-enacted from time to time;

(f) “Compostable Materials” means waste products from plants, trees, or other Vegetation that are naturally biodegradable, including grass clippings, leaves, tree needles, garden waste and weeds;

(g) “Construction Waste” means any material resulting from, or produced by, the complete or partial construction of a structure, including, but does not include any Prohibited Materials;

(h) “Confined Fire” means a fire pit, outdoor fireplace, grill or barbecue that is

CSA/ULC, CGA or equivalent approved and are within a noncombustible or similar container that is screened by a spark arrestor and no larger than 0.5 m in height and 0.5 m in width;

(i) “Council” means the Council of the City of Armstrong;

(j) “Demolition Waste” means any material resulting from or produced by the complete or partial demolition or tearing down of a structure but does not include any Prohibited Materials;

(k) “Domestic Waste” means household material and food waste, but does not include any Prohibited Materials;

(l) “Equipment” means any tools, contrivances, devices or materials used by the Fire Department to combat an Incident or other emergency;

(m) “Filling Station” means a commercial establishment that sells gasoline and oil for motor vehicles;

(n) “Fire” means the combustion or burning of a substance;

(o) “Fire Chief” means the person duly appointed to serve as the head of the Fire Department under the Intermunicipal Agreement, or the Fire Chief’s lawful deputy or any person duly appointed to act in the Fire Chief’s absence or as his or her designate;

(p) “Fire Code” means the British Columbia Fire Code 20128 and regulations made under it and includes any and all amendments and successor codes;




(q) “Fire Department” means the Armstrong-Spallumcheen Fire Department;

(r) “Fire Hall” means the fire hall of the Fire Department located at 3540 Mill Street, Armstrong, B.C., and includes any fire hall built in replacement thereof or any additional fire hall or fire halls owned or used by the Fire Department;

(s) “Fire Protection” means all aspects of protection including but not limited to fire safety activities, fire prevention, firefighting or fire suppression, pre-fire planning, fire investigation, public education and information, training or other staff development and advising;

(t) “Fire Services Act” means the Fire Services Act, RSBC 1996, c. 144, as amended or re-enacted from time to time;

(u) “Fire Service Area” means the area within the boundaries of the City and as otherwise authorized by the Intermunicipal Fire Services Bylaw;

(v) “Fire Services Commission” means the Commission authorized under the

Intermunicipal Fire Services Bylaw and the corresponding bylaw of the Township of Spallumcheen, and established under the Intermunicipal Agreement to administer and oversee the operation of the Fire Department;

(w) “Fireworks” has the same meaning as defined in the Fireworks Act;

(x) “Fireworks Act” means the Fireworks Act, RSBC 1996, c. 146, as amended or re-enacted from time to time;

(y) “Incident” means an event or situation to which the Department has responded or would normally respond, whether alone, or in conjunction with other emergency services, and includes any post post-event clean-up, over-haul and investigations;

(z) “Intermunicipal Fire Services Bylaw” means the City of Armstrong Intermunicipal Fire Services Bylaw No. 1778, 2016;

(aa) “Local Assistant Fire Commissioner” means the Fire Chief and persons authorized in writing by the Fire Chief to exercise the powers of a local assistant under the Fire Services Act;

(bb) “Member” means any person or Officer who is a duly enrolled member of the Fire Department;

(cc) “Officer” means a Member who is appointed by the Fire Chief as an Officer within the Fire Department in accordance with the Intermunicipal Fire Services Bylaw and Intermunicipal Agreement;

(dd) “Open Burning” means burning not conducted in a closed space or building

(ee) “Order” means an order in writing issued by the Fire Chief (or designate) in relation to the enforcement of any provision of this Bylaw or Intermunicipal Fire Services Bylaw, which order will specify the particulars of the matter at issue which require correction, the property or premises affected and the date by which compliance is to be achieved;




(ff) “Permit” means a permit required under this bylaw or another applicable

enactment;

(gg) “Private Hydrant” means a hydrant installed on private property by its owners as part of a system of Fire protection for that property;

(hh) “Prohibited Materials” means materials that must not be subject to Open Burning which include the following: compostable materials, garden waste, food waste, animal carcasses and manure, newspaper and cardboard, treated construction materials, wire, insulation, rubber and plastics, herbicides and pesticides, painted, stained or pressure treated wood, railway ties, asphalt, paint, asphalt products, toxic and hazardous products, fuel and lubricant and any other material which may produce dense black Smoke;

(ii) “Small Confined Fire” means a fire used for cooking food in grills or barbeques;

(jj) “Small Fire” means a fire covering an area of five (5) feet in diameter or less;

(kk) “Smoke” means the gases, particulate matter, and all other products of

combustion emitted into the atmosphere when a substance or material is burned including, without limitation, smoke, dust, gas, sparks, ash, soot, cinders, fumes, or other effluvia;

(ll) “Special Permits” means a permit that may be issued for occasions that are extraordinary as determined by the authority having jurisdiction;

(mm) “Vegetation” means trees, shrubs, plants, and herbs or any prunings therefrom, grass and garden refuse;

(nn) “Vehicle” means a vehicle as defined in the Motor Vehicle Act, RSBC 1996, c. 318, as amended or re-enacted from time to time;

(oo) “Venting Index” means the ventiling index administered and published by Environment Canada or other equivalent agency of the government of Canada which constitutes a measure of the atmosphere’s ability to disperse pollution; and

(pp) “Zoning Bylaw” means the City’s Zoning Bylaw No. 1268, 1997 as amended or re-enacted from time to time.

PART 2 – ADOPTION OF CODES AND FIRE DEPARTMENT AUTHORITY 2.1 The Fire Code and the Building Code are laws of provincial application which are in effect

within the City, and the Fire Department is hereby authorized to enforce the provisions of the same in connection with its Fire Protection activities hereunder and under the Intermunicipal Fire Services Bylaw.

2.2 The Fire Department is hereby authorized to enforce the provisions of this bylaw within the City, and in connection therewith, to exercise the powers provided for herein and in the Intermunicipal Fire Services Bylaw.




2.3 The Fire Department, subject to the direction of the Fire Services Commission, will develop appropriate operational guidelines directing the Fire Department Members in relation to the enforcement of this bylaw, and the exercise of any powers or authorities in connection therewith.

2.3 The Fire Chief, and any Member designated by the Fire Chief to exercise the powers of a

Local Assistant, will have the following duties and powers:

(a) performing administrative or technical work related to fire inspections and fire prevention activities;

(b) the authority to order the removal from any property or premises any paper, rubbish or other combustible material which in his or her opinion is dangerous and may support a Fire; and

(c) the authority and obligation to provide for the administration and enforcement of the Fire Services Act, the BC Fire Code, Fire Safety Act, Open Burning Smoke Control Regulation and this bylaw.

2.4 No person will impede, or in any way hinder, the Fire Chief or any Member of the Fire

Department while conducting Fire Protection activities for the City under or in relation to this bylaw.

PART 3 – PERMITS AND LICENCES 3.1 A Permit will be obtained from the Fire Chief before erecting, storing or installing any of

the following:

(a) a commercial or industrial oil burning equipment and storage tanks connected to same,

(b) a commercial tank for the storage of flammable or combustible liquid at a refining

or wholesale storage plant or at a gasoline station, including marine, and pumps connected to same,

(c) a tank or tanks for storage of gasoline or other flammable or combustible liquids

located on private property together with associated pumping devices, (d) a Fire alarm, exit sign or emergency lighting, or (e) a sprinkler system.

3.2 An application for a Permit may be made in the form prescribed by the Fire Chief and will

include the following:

(a) a statement of the intended use of the occupancy or operations to be conducted on the premises,

(b) two copies of the specifications and scale drawings of the building with respect to

the use and occupancy showing:




(i) the dimensions of the building and its location,

(ii) the proposed use of each room or floor area,

(iii) fire Pprotection and fire prevention installations including portable extinguishers, fire alarms and Smoke detectors, as required by the Fire Services Act, and,

(iv) means of egress, and (c) the signature of the applicant.

3.3 Fees, as determined from time to time by resolution of Council, will be paid by all applicants

for any Permit required by this bylaw or the regulations passed under the provisions of the Fire Services Act, and for the inspection of any work or thing for which a Permit is required.

3.4 The Fire Chief may issue a Permit if,

(a) an application has been received;

(b) the Fire Chief is of the opinion that the proposed operation or occupancy complies with the provisions of the Fire Services Act, regulations thereunder, this bylaw and any other applicable bylaw; and

(c) the Permit fee has been paid. 3.5 The Fire Chief may refuse to issue a Permit or revoke a Permit where, in the Fire Chief’s

opinion:

(a) there is a violation of any condition under which the Permit was issued; (b) there is a violation of any requirement of the Fire Services Act or regulations

thereunder, this bylaw or any other applicable bylaw; or (c) any Fire permitted through the issuance of the Permit would be likely to be

hazardous or create a nuisance; or

(d) any conditions or circumstances relevant to the issuance of the Permit, or the activities pursuant thereto, have changed such that the Fire Chief is of the opinion that the activities authorized under the Permit should not be undertaken.

3.6 Permits and licenses will be posted on the subject premises in a conspicuous place to the

satisfaction of the Fire Chief. 3.7 Where an owner or his agent has commenced work or allowed work to commence on an

installation or other work requiring a Permit before a Permit is issued, the amount of the fee required to be paid, as referenced in Section 3.3, is double the amount.

3.8 The issuance of any Permit under this bylaw will not be construed in any way to make or

hold the City or its employees (including the Fire Department) liable or responsible for any damages arising out of any action carried out by any person whether or not such action was carried out in accordance with the terms of the Permit.




3.9 A Permit issued under this bylaw:

(a) will not take the place of any other licence or permit required by another enactment;

and (b) will not be transferable.

PART 4 – GENERAL FIRE REGULATIONS 4.1 Open Air Burning Prohibitions

Except at hereinafter provided, no person will light, ignite or start, or allow, or cause to be lighted, ignited or started a fire of any kind whatsoever in the open air. (a) A Special Burning Permit may be issued at any time between Nov 1st and till April

30th, to farmers, orchardists or golf courses on parcels having farm assessment under the BC Assessment Authority.

(b) Such a Special Burning Ppermit may be issued twice per year, to a maximum of two weeks annually, subject to the issuance of the appropriate permit approved by the Fire Chief City Administrator or Designate. and the regulations of the bylaw and the Open Burning Smoke Control Regulation are met.

(c) Burning occurring due to a Special Burning Permit will only be permitted Monday to Friday between the hours of 8:00 a.m. and 4:00 p.m starting 1 hour after sunrise ending by 4 pm or 2 hours before sunset, whichever is later.

(d) No person to whom a special permit has been issued under this bylaw will, on or

in any fire, burn any rubber tires, oil, tar, asphalt shingles, battery boxes, plastic or hazardous materials, or any materials which produce heavy black smoke or offensive odours.

(e) Every person to whom a special permit has been issued under this bylaw will place and keep a competent person, at all times, in charge of such fire while the same is burning or smoldering and until such fire is completely extinguished and will provide that person with sufficient appliances and equipment in order to prevent the fire from getting beyond control or causing damage or becoming dangerous to life and property.

(f) Every person to whom a special permit has been issued under this bylaw will be

responsible for the care and control of such fire until it is extinguished.

(g) Every person who starts a fire will ensure that the site of the fire from the property lines, standing timber, brush or structures is not less than five (5) metres.

(h) No person will kindle, light, ignite, start, allow or cause to be lighted or maintain a fire on land of another without the permission of the owner thereof or his agent.




(i) No person will kindle, light, ignite, start, allow or cause to be lighted or maintain a fire in any lane, street, road, highway, boulevard, easement, or right-of-way, or any other property owned by the City of Armstrong.

(j) This Section does not apply to: (i) Small CConfined fires used for cooking in grills and barbeques;

(ii) Necessary municipal burning, and;

(iii) Open air burning for fire training purposes.

(k) No person to whom a special permit was has been issued under this bylaw will burn when the daytime Venting Index is less than what is permitted as determined by Environment Canada for the Okanagan Zone region is less than 55. No person will park any Vvehicle within 3 meters of a Fire exit.

4.2 Except when a fire hydrant is opened or operated by a Member of the Fire Department or

an employee, subcontractor or agent of the City or relevant water improvement district, it is a violation of this bylaw to open or operate any City or water improvement district fire hydrant.

4.3 It is a violation of this bylaw to tamper with any fire hydrant. 4.4 No person will obstruct or otherwise interfere with access roads or streets or other

approaches to any Incident, fire hydrant, body of water or other source of water supply designated for firefighting purposes.

4.5 No person will throw down or drop any lighted match, cigar, or cigarette or other burning

substance in or near any combustible material. 4.6 All chimneys and heating appliances must be maintained in a safe condition and in

accordance with the following: (a) all chimneys, smokestacks or similar devices for conveying Smoke or gasses to

the outer air and the stoves, furnaces, fireboxes or boilers to which they are connected will be constructed in accordance with the Building Code and the Fire Services Act and any specific requirements of the Building Bylaw; and

(b) it is the responsibility of the owner or occupier of any building to keep and maintain

any chimney, stovepipe, or flue in safe operating condition. 4.7 Owners and occupiers of all property within the City must maintain their property in a safe

and prudent manner in order to prevent Fires and in accordance with the following:

(a) Owners or occupiers of any building will not permit cotton batting, straw, dry vines, leaves, trees, or other highly flammable materials to be used for decorative purposes in show windows or other parts of stores to prohibit the display of saleable goods permitted and offered for sale;

(b) Electric light bulbs in stores will not be decorated with paper or other combustible materials unless such materials will first have been rendered flameproof;




(c) commercial refuse containers will be placed more than three (3) meters away from

any combustible building or structure unless they are equipped with lids which will be kept closed in which event the Fire Chief may approve a lesser distance;

(d) where, in the opinion of the Fire Chief, the safety of property is endangered by

debris caused by lumbering, land clearing or industrial operations, or property is endangered by dry grass or brush, the owner or occupier of the land on which such debris, dry grass or brush exists will, subject to the provisions of section 4.1 hereof, dispose of the said debris, dry grass or brush by burning as permitted under this bylaw or in any other manner, and will cut down and similarly dispose of all dead standing trees, brush or grass within the area affected, and will provide such labour and will take such precautions to prevent the escape of fire or damage to property as the Fire Chief or other person duly appointed may direct;

(e) upon receiving a notice in writing from the Fire Chief, the owner or occupant of real property will ensure that the building described in the notice will be made to comply with the BC Building Code, Fire Services Act and the BC Fire Code in respect of interior stairways, exterior stairways, fire escapes, hallways, exit doors, fire doors and windows, enclosure of stairways, sprinkler systems, standpipes, fire alarms, emergency lighting, fire safety plans and any other requirements which, in the opinion of the Fire Chief, would be necessary for the safety of the occupants of the building;

(f) where any person refuses or neglects to obey or comply with any direction or order

given by the Fire Chief, the Fire Chief may, by an ORDER in writing direct that such matter or thing be done by the City of Armstrong at the expense of the owner of the land to which the ORDER applies and the City of Armstrong may recover the expenses thereof plus interest under the provisions of the Community Charter; and

(g) Any person who neglects or refuses to comply with the requirements of subsections (c), (d) or (e) of this section will be guilty of an offence.

4.8 In addition to the Fireworks regulations outlined in the Fire Code, and in accordance with

the Fireworks Act, the following regulations will apply within the boundaries of the City: (a) no persons will sell, give, fire or set off Fireworks except between October 24 and

November 1 in any year; (b) notwithstanding the provisions of this regulation, Fireworks may be sold to and

discharged by any person or organization conducting a public Fireworks display provided such public display is held with the written permission of the Fire Chief; and

(c) Special Permits will be obtained from the Fire Chief for the buying and setting off

of Fireworks for special occasions outside of the dates set out in subsection (a) above.

4.9 The occupier or, if none, the owner, of a property, building, premises, motor Vvehicle, vessel

or railway rolling stock, will immediately report to the Fire Chief when an explosion, discharge, emission, escape or spill of a hazardous substance occurs, and will immediately




report to the Fire Chief where the potential for an explosion or a discharge, emission, escape or spill of a hazardous substance exists.

4.10 The dispensing, fueling, filling, refueling, or refilling of propane or liquefied natural gas bottles, cylinders or containers of any type will only be carried out at inspected and approved facilities a F filling Sstations, recreational Vvehicle centres and industrial locations where a person qualified to dispense propane or liquefies gas is in attendance.

4.11 The following regulations will apply in respect of flammable or combustible liquids: (a) the storage, dispensing, fueling, filling, refueling, or refilling of containers of any

type larger than 22.5 liters (5 gallons) with gasoline, diesel, naphtha, or any other flammable or combustible liquid will not be carried out in residential areas or on properties of less than 0.4047 ha (1 acre);

(b) no person will store any flammable or combustible liquids in an non vented area and or structure. All storage containers must be CSA approved.

(c) no person will dispense flammable or combustible liquids into a storage tank requiring a Permit under the Fire Services Act unless storage and installation in is approved by the Fire Chief;

(d) all plants, stores, equipment, buildings, structures and installations for the storage, handling or use of flammable or combustible liquids, which are in existence at the time of the passing of this bylaw, may be continued in use provided that they do not, in the opinion of the Fire Chief, constitute a hazard to life, or to adjoining property;and

(e) any additions to or installations on or upon any plants, stores, equipment, buildings,

structures or installations after the passing of this bylaw will conform to the provisions of this bylaw.

4.12 The following regulations will apply to Private Hydrants:

(a) the owner of property on which a Private Hydrant is installed will maintain the hydrant at all times in good working condition;

(b) inspections, servicing and testing of Private Hydrants will be performed only by persons qualified to carry out such services;

(c) the owner of a property with one or more Private Hydrants will:

(i) not less than semi-annually have all Private Hydrants installed on the property flushed, drained, and all threads of outlets and caps greased with waterproof grease;

(ii) have all Private Hydrants painted as and when required; (iii) not less than once annually provide to the Fire Chief a written report of the

inspection, servicing and testing conducted in relation to all Private Hydrants installed on the property;




(iv) keep the ground surface around all Private Hydrants installed on the property clear of Vegetation or structure of any kind for a radius of one and one half meters;

(v) keep snow removed from the Private Hydrant so it is readily visible at all

times; and (vi) keep the ground surface between all Private Hydrants installed on the

property and the nearest street clear of all obstacles including vehicles, so as to facilitate use of Private Hydrants by Fire Department; and

(d) all Private Hydrants will be installed to public works department standards and will

conform to style and type approved by the public works department and the Fire Department.

4.13 The following regulations will apply with respect to emergency access for Fire Protection

purposes: (a) all emergency access routes will be maintained to City standards; (b) fences, hedges, trees, Vvegetation, structures, Vvehicles or obstacles of any kind

will not be allowed to impinge upon any portion of any emergency access; and (c) approved removable bollards or approved bicycle baffles may be installed to

prevent common use of emergency accesses. The design and installation of the bollards and baffles will be in accordance with public works department specifications for emergency access and be accepted by both the public works department and the Fire Department.

4.14 Filling Stations will subject to the following requirements:

(a) In addition to the dispensing procedures outlined in the Fire Code, filling stations

will make use of manually operated pumps only or other dispensing devices which discharge flammable liquids under pressure or by gravity flow so adjusted that when the operator's hand is removed the flow of liquid will be immediately cut off; and

(b) No Vvehicle will be refueled while the motor of such Vvehicle is running and a notice indicating such will be conspicuously posted as to be readily visible at each pump.

PART 5 – PENALTIES 5.1 Where a person fails or refuses to carry out provisions made under this bylaw or acts

contrary to such provisions of fails or refuses to comply with any condition attached to a Permit or to which a Permit is subject, the Fire Chief may apply to a justice and on hearing the application the justice may grant an injunction to restrain that person form from proceeding with the work in respect of which the provision was made or the Permit was issued and the justice may make such further order as he deems fit.




5.2 Every person who violates any of the provisions of this bylaw, or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this bylaw, or who does any act or thing which violates any of the provision of this bylaw commits an offence and will be liable on summary conviction to a penalty of not less than $50.00 and not more than $2,000.00 for every such violation of this bylaw, and for each day of an offence of a continuing nature.

5.3 Alternatively, any person found in contravention of this bylaw may be subject to fines under the City’s Municipal Ticket Information Bylaw, as amended or re-enacted from time to time.

PART 6 – MISCELLANEOUS AND TITLE

6.1 The invalidity of any portion of this bylaw will not invalidate any other portion of this bylaw.

6.2 The Fire Code will not be construed to hold the City responsible for any damage to persons

or property by reason of:

(a) inspections authorized by the Fire Code;

(b) any failure to carry out an inspection under this bylaw or the Intermunicipal Fire Services Bylaw;

(c) any Permit issued as herein provided, or

(d) any approval or disapproval under this bylaw.

6.3 This bylaw comes into force and takes effect on _____ day of ______ , 2020

6.4 City of Armstrong Fire Prevention By-law Number 1782, 2016 and all amendments thereto are hereby repealed.

READ a first time this ___ day of ___________, 2020 READ a second time ___ day of ___________, 2020 READ a third time ___ day of ___________, 2020 ADOPTED this ___ day of ___________, 2020

________________________________ _________________________ CORPORATE OFFICER MAYOR



MEMORANDUM TO: Mayor and Council File No: 0630.02

FROM: Paul Carver, Public Works Manager

DATE: May 19, 2020

SUBJECT: Solid Waste Collection Service Bylaw No. 1857, 2020

BACKGROUND

There is currently no active solid waste collection bylaw to regulate the collection and disposal of municipal solid waste within the City of Armstrong.

DISCUSSION

Garbage Collection and Regulation Bylaw No. 1256, 1996 was rescinded a few years ago to give way to a new bylaw, which unfortunately never followed. An enforceable bylaw is required to regulate the collection of solid waste within the City.

Solid waste collection services are currently provided by a private contractor. A final one (1) year extension of that contract has been made through to April 2021. A new bylaw is required before that contract is put out for tender later this year or early 2021.

This new bylaw has been vetted by the Regional District of North Okanagan.

This new bylaw represents a complete overhaul of the previous bylaw.

A bylaw amendment will be required later this year to prohibit the collection of garbage bags. This grace period will permit staff to initiate a public education program. The City must transition into a garbage container collection service only.

Staff considered including wildlife regulations as part of this bylaw, however it was decided that it would be best to incorporate those provisions in a new wildlife management bylaw.

RECOMMENDATION

THAT First, Second and Third Reading be given to the City of Armstrong Solid Waste Collection Service Bylaw No. 1857, 2020;

AND THAT Council direct staff to come back with recommendations for a wildlife management bylaw.

AGENDA ITEM #7. 7.g)


City of Armstrong Solid Waste Collection Service Bylaw No. 1857

Page 1 of 5

CITY OF ARMSTRONG

BYLAW NO. 1857

SOLID WASTE COLLECTION SERVICE BYLAW

A Bylaw to regulate the administration, collection and disposal of residential solid waste in the City of Armstrong

The Council for the City of Armstrong, in open meeting assembled, enacts as follows:

TITLE:

1. This Bylaw may be cited for all purposes as “City of Armstrong Solid Waste Collection Service Bylaw No. 1857, 2020”.

DEFINITIONS:

2. In this bylaw:

a. “Bylaw” means this Bylaw.

b. “City” means the City of Armstrong.

c. “Collection Service” means the City of Armstrong Solid Waste Collection Service.

d. “Dwelling” means a livable quarter with a bedroom, kitchen and bathroom facilities.

e. “Fees” means the rates established from time to time by the City of Armstrong.

f. “Officer” means the City of Armstrong Bylaw Enforcement Officer, or authorized designate.

g. “Owner” means the owner of Property within the City of Armstrong.

h. “Property” means real property within the City of Armstrong.

i. “Receptacle” means an approved commercially available container of a rigid plastic or metal design with a latching or snapping lid for the purpose of holding Municipal Solid Waste.

j. “Prohibited Waste” means Solid Waste designated by Bylaw by the Regional District of North Okanagan to be inappropriate for disposal at a Solid Waste Management Facility for environmental, regulatory or legal reasons related to the safe or efficient operation of a Solid Waste Management Facility.




Page 2 of 5

k. “Municipal Solid Waste means

i. Solid Waste that originates from residential (single family or multi-family); or

ii. Solid Waste specified by the British Columbia government to be included in a waste management plan; and

iii. Has been deemed acceptable by the Regional District of North Okanagan for diversion and disposal at a Solid Waste Management Facility.

l. “Solid Waste Management Facility” means a designated site owned and/or operated by or for the Regional District of North Okanagan for the purpose of managing Municipal Solid Waste.

m. “Waste Sharps” means needles, syringes, blades or laboratory glass capable of causing punctures or cuts.

GENERAL REGULATIONS

3. No person will obstruct or interfere with an Officer in the exercise of their duties.

4. This Bylaw will be administered by the Officer.

5. The Officer may from time to time prescribe documents required in the administration of this Bylaw.

6. An Officer may enter upon, at all reasonable times, any property or premises in order to ascertain whether the provisions of this Bylaw are being complied with.

COLLECTION SERVICE

7. Except as otherwise indicated, this Bylaw applies to all residential properties served by the Collection Service.

8. This Bylaw has been established to provide a Collection Service to the residents of the City.

9. The City may, at its discretion, may declare special clean-up events from time to time, as it deems necessary.

10. Collection Service schedule is established by the City.

GENERAL CONDITIONS

11. Receptacles for Municipal Solid Waste will be provided by the Owner and must:

a. be a metal or rigid plastic garbage container;

b. be in safe, sanitary and useable condition;

c. have a watertight animal and insect proof lid;




Page 3 of 5

d. have a rigid handle which permit ease of handling;

e. have a total weight of each when full not to exceed 22.68 kilograms (50 pounds); and

f. not be more than 0.99 cubic metres (3 ½ cubic feet) in size.

12. Plastic Bags for Municipal Solid Waste will be provided by the Owner and when used outside a Receptacle must:

a. be sturdy and strong enough to withstand normal handling;

b. be properly sealed;

c. not contain any sharp objects which may tear the bag and/or injure refuse collection personnel;

d. not contain any organic matter that will attract dogs, cats or omnivorous or carnivorous feral animals;

e. when full, not exceed a weight of 22.68 kilograms (50 pounds); and

f. when full, not exceed 0.914 metres (3 feet) in any dimension.

13. Every Owner or occupier will:

a. place Municipal Solid Waste in a Receptacle or Plastic Bag in accordance with this Bylaw;

b. be responsible for any mess that is created by wild or domesticated animals and will be required to clean up such mess should it occur on City lands;

c. place Receptacles or Plastic Bags on the street no later than 7:00 am on the day of collection;

i. Failure to do so may result in the contents of the Receptacle not being emptied or Plastic Bag being collected;

d. ensure Receptacles and Plastic Bags are placed on the street in a location that is approved for collection by the City;

i. under no circumstances will a Receptacle or Plastic Bag be placed greater than 1.0 metre from the edge of a roadway;

e. remove Receptacle from the street after collection and store on the Property from which the Municipal Solid Waste originates no later than the expiry of the collection date; and

f. be responsible for the protection of the Receptacle against upset or spillage at all times; and




Page 4 of 5

g. spilled or upset Receptacles are the responsibility of the Owner or occupier and will not be emptied.

14. Should a Receptacle or Plastic Bag be placed in a location that is not accessible to refuse collection personnel, Municipal Solid Waste will not be removed.

15. A maximum of two (2) Receptacles or Plastic bags per Dwelling will be emptied or collected on collection day, except where a sticker is attached to each Receptacle or Plastic Bag beyond the two permitted.

a. Additional collection stickers may be purchased from the City.

16. Liquids are not to be placed in a Receptacle or allowed to accumulate.

17. No person will deposit or place refuse upon a public place except in an approved Receptacle.

18. No person will deposit any off-site refuse of any kind upon private property or a public space unless in a Receptable explicitly marked for that purpose.

19. The City reserves the right to suspend Collection Services from residential properties where provisions of this Bylaw are violated.

RESTRICTED MATERIAL

20. No Owner or occupier will place Prohibited Waste including Waste Sharps in a Receptacle or Plastic Bag.

21. The City reserves the right to not empty Receptacles or collect Plastic Bags containing Prohibited Waste.

MULTI-FAMILY RESIDENTIAL COLLECTION

22. The City has on file a record of multi-family residential properties provided with a Collection Service under the provisions of this Bylaw, which may be amended from time to time.

FEES AND CHARGES

23. Every Owner or occupant that uses the Collection Service will pay the applicable Fees as set out in the current City of Armstrong Rates, Fees and Charges Establishment Bylaw and its amendments.

24. Fees or charges imposed under this Bylaw may be collected in the same manner and with the same remedies as property taxes on the premises in respect of which they are imposed and, if unpaid on December 31st in the year which they are imposed and due, will be deemed to be taxes in arrears.

OFFENCES AND PENALTIES

25. A person who:

a. violated any provision of this Bylaw;




Page 5 of 5

b. permits, suffers or allows any act to be done in violation of this Bylaw; or

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

commits an offence against this Bylaw and:

d. is liable to a fine as set out in the City of Armstrong Municipal Ticket Information System Bylaw; and

e. is liable, upon summary conviction, to the maximum fines plus costs under the Offence Act, Local Government Act and Community Charter.

SEVERANCE

26. If any portion of this Bylaw is held to be invalid by decision of any court of competent jurisdiction, the invalid portion will be severed, without affecting the remainder of this Bylaw.

READ a first time this _____ day of __________, 2020

READ a second time this _____ day of __________, 2020

READ a third time this _____ day of __________, 2020

ADOPTED this _____ day of __________, 2020

_________________________ _________________________





FROM: Kevin Bertles, Chief Administrative Officer

DATE: May 20, 2020

SUBJECT: Heaton Place unit 208

BACKGROUND

Council owns two units at Heaton Place. Unit #208 has been vacant since the complex opened.

DISCUSSION

Council has made attempts to sell the unit in the open market without success.


Monthly lifestyle packages have been a constant cost factor for the City for any un-occupied units.

COMMUNICATIONS

Unit #208 has been rented effective May 30, 2020.

RECOMMENDATION

That Council receive this memo for information.

AGENDA ITEM #7. 7.h)



THE CITY OF ARMSTRONG

BYLAW No. 1858, 2020

FIRE PREVENTION BYLAW

A bylaw to address fire prevention and regulation

WHEREAS the City of Armstrong, jointly with the Township of Spallumcheen, has established and operates the Fire Department pursuant to the Intermunicipal Fire Services Bylaw; AND WHEREAS the operation of the Fire Department is subject to the terms of the Intermunicipal Agreement with the Township of Spallumcheen; AND WHEREAS the City of Armstrong is permitted under the Intermunicipal Agreement to establish bylaws relating to fire prevention and regulation, and similar matters, which the Fire Department is responsible for enforcing; AND WHEREAS the City of Armstrong wishes to enact this bylaw to address matters related to fire prevention and regulation; NOW THEREFORE the Council of the City of Armstrong in open meeting assembled enacts as follows:

PART 1 – TITLE

1. This Bylaw may be known and cited for all purposes as the “City of Armstrong Fire Prevention Bylaw No. 1856, 2020”.

PART 2 – DEFINITIONS

1.1 In this bylaw all words and phrases not otherwise defined will be construed as having their

ordinary meaning except those words and phrases defined in accordance with the current BC Building Code, the Fire Services Act, or Fire Safety Act, the BC Fire Code or those set forth by the Ministry of Environment Open Burning Smoke Control Regulation.

1.2 In this bylaw, including in the recitals hereto, unless the context requires otherwise:

(a) “Building Code” means the British Columbia Building Code 2018 and regulations made under it and includes any and all amendments and successor codes;

(b) “Campfire” means a confined open-air fire used for cooking, recreational or ceremonial purposes;

(c) “Chief Administrative Officer” means the person duly appointed to serve as Chief Administrative Officer of the City;

(d) “City” means the City of Armstrong or the geographic area contained thereof as the context requires;




(e) “Community Charter” means the Community Charter, SBC 2003, c. 26 as amended or re-enacted from time to time;

(f) “Compostable Materials” means waste products from plants, trees, or other Vegetation that are naturally biodegradable, including grass clippings, leaves, tree needles, garden waste and weeds;

(g) “Construction Waste” means any material resulting from, or produced by, the complete or partial construction of a structure, including, but does not include any Prohibited Materials;

(h) “Confined Fire” means a fire pit, outdoor fireplace, grill or barbecue that is

CSA/ULC, CGA or equivalent approved and are within a noncombustible or similar container that is screened by a spark arrestor and no larger than 0.5 m in height and 0.5 m in width;

(i) “Council” means the Council of the City of Armstrong;

(j) “Demolition Waste” means any material resulting from or produced by the complete or partial demolition or tearing down of a structure but does not include any Prohibited Materials;

(k) “Domestic Waste” means household material and food waste, but does not include any Prohibited Materials;

(l) “Equipment” means any tools, contrivances, devices or materials used by the Fire Department to combat an Incident or other emergency;

(m) “Filling Station” means a commercial establishment that sells gasoline and oil for motor vehicles;

(n) “Fire” means the combustion or burning of a substance;

(o) “Fire Chief” means the person duly appointed to serve as the head of the Fire Department under the Intermunicipal Agreement, or the Fire Chief’s lawful deputy or any person duly appointed to act in the Fire Chief’s absence or as his or her designate;

(p) “Fire Code” means the British Columbia Fire Code 2018 and regulations made under it and includes any and all amendments and successor codes;

(q) “Fire Department” means the Armstrong-Spallumcheen Fire Department;

(r) “Fire Hall” means the fire hall of the Fire Department located at 3540 Mill Street, Armstrong, B.C., and includes any fire hall built in replacement thereof or any additional fire hall or fire halls owned or used by the Fire Department;

(s) “Fire Protection” means all aspects of protection including but not limited to fire safety activities, fire prevention, firefighting or fire suppression, pre-fire planning, fire investigation, public education and information, training or other staff development and advising;




(t) “Fire Services Act” means the Fire Services Act, RSBC 1996, c. 144, as amended

or re-enacted from time to time;

(u) “Fire Service Area” means the area within the boundaries of the City and as otherwise authorized by the Intermunicipal Fire Services Bylaw;

(v) “Fire Services Commission” means the Commission authorized under the

Intermunicipal Fire Services Bylaw and the corresponding bylaw of the Township of Spallumcheen, and established under the Intermunicipal Agreement to administer and oversee the operation of the Fire Department;

(w) “Fireworks” has the same meaning as defined in the Fireworks Act;

(x) “Fireworks Act” means the Fireworks Act, RSBC 1996, c. 146, as amended or re-enacted from time to time;

(y) “Incident” means an event or situation to which the Department has responded or would normally respond, whether alone, or in conjunction with other emergency services, and includes any post-event clean-up, over-haul and investigations;

(z) “Intermunicipal Fire Services Bylaw” means the City of Armstrong Intermunicipal Fire Services Bylaw No. 1778, 2016;

(aa) “Local Assistant Fire Commissioner” means the Fire Chief and persons authorized in writing by the Fire Chief to exercise the powers of a local assistant under the Fire Services Act;

(bb) “Member” means any person or Officer who is a duly enrolled member of the Fire Department;

(cc) “Officer” means a Member who is appointed by the Fire Chief as an Officer within the Fire Department in accordance with the Intermunicipal Fire Services Bylaw and Intermunicipal Agreement;

(dd) “Open Burning” means burning not conducted in a closed space or building

(ee) “Order” means an order in writing issued by the Fire Chief (or designate) in relation to the enforcement of any provision of this Bylaw or Intermunicipal Fire Services Bylaw, which order will specify the particulars of the matter at issue which require correction, the property or premises affected and the date by which compliance is to be achieved;

(ff) “Permit” means a permit required under this bylaw or another applicable enactment;

(gg) “Private Hydrant” means a hydrant installed on private property by its owners as part of a system of Fire protection for that property;

(hh) “Prohibited Materials” means materials that must not be subject to Open Burning which include the following: compostable materials, garden waste, food waste, animal carcasses and manure, newspaper and cardboard, treated construction




materials, wire, insulation, rubber and plastics, herbicides and pesticides, painted, stained or pressure treated wood, railway ties, asphalt, paint, asphalt products, toxic and hazardous products, fuel and lubricant and any other material which may produce dense black Smoke;

(ii) “Smoke” means the gases, particulate matter, and all other products of

combustion emitted into the atmosphere when a substance or material is burned including, without limitation, smoke, dust, gas, sparks, ash, soot, cinders, fumes, or other effluvia;

(jj) “Special Permits” means a permit that may be issued for occasions that are extraordinary as determined by the authority having jurisdiction;

(kk) “Vegetation” means trees, shrubs, plants, and herbs or any prunings therefrom, grass and garden refuse;

(ll) “Vehicle” means a vehicle as defined in the Motor Vehicle Act, RSBC 1996, c. 318, as amended or re-enacted from time to time;

(mm) “Venting Index” means the ventiling index administered and published by Environment Canada or other equivalent agency of the government of Canada which constitutes a measure of the atmosphere’s ability to disperse pollution; and

(nn) “Zoning Bylaw” means the City’s Zoning Bylaw No. 1268, 1997 as amended or re-enacted from time to time.

PART 2 – ADOPTION OF CODES AND FIRE DEPARTMENT AUTHORITY 2.1 The Fire Code and the Building Code are laws of provincial application which are in effect

within the City, and the Fire Department is hereby authorized to enforce the provisions of the same in connection with its Fire Protection activities hereunder and under the Intermunicipal Fire Services Bylaw.

2.2 The Fire Department is hereby authorized to enforce the provisions of this bylaw within the City, and in connection therewith, to exercise the powers provided for herein and in the Intermunicipal Fire Services Bylaw.

2.3 The Fire Department, subject to the direction of the Fire Services Commission, will develop

appropriate operational guidelines directing the Fire Department Members in relation to the enforcement of this bylaw, and the exercise of any powers or authorities in connection therewith.

2.3 The Fire Chief, and any Member designated by the Fire Chief to exercise the powers of a

Local Assistant, will have the following duties and powers:

(a) performing administrative or technical work related to fire inspections and fire prevention activities;

(b) the authority to order the removal from any property or premises any paper, rubbish or other combustible material which in his or her opinion is dangerous and may support a Fire; and




(c) the authority and obligation to provide for the administration and enforcement of the

Fire Services Act, the BC Fire Code, Fire Safety Act, Open Burning Smoke Control Regulation and this bylaw.

2.4 No person will impede, or in any way hinder, the Fire Chief or any Member of the Fire

Department while conducting Fire Protection activities for the City under or in relation to this bylaw.

PART 3 – PERMITS AND LICENCES 3.1 A Permit will be obtained from the Fire Chief before erecting, storing or installing any of

the following:

(a) a commercial or industrial oil burning equipment and storage tanks connected to same,

(b) a commercial tank for the storage of flammable or combustible liquid at a refining

or wholesale storage plant or at a gasoline station, including marine, and pumps connected to same,

(c) a tank or tanks for storage of gasoline or other flammable or combustible liquids

located on private property together with associated pumping devices, (d) a Fire alarm, exit sign or emergency lighting, or (e) a sprinkler system.

3.2 An application for a Permit may be made in the form prescribed by the Fire Chief and will

include the following:

(a) a statement of the intended use of the occupancy or operations to be conducted on the premises,

(b) two copies of the specifications and scale drawings of the building with respect to

the use and occupancy showing:

(i) the dimensions of the building and its location,

(ii) the proposed use of each room or floor area,

(iii) fire protection and fire prevention installations including portable extinguishers, fire alarms and Smoke detectors, as required by the Fire Services Act, and,

(iv) means of egress, and (c) the signature of the applicant.




3.3 Fees, as determined from time to time by resolution of Council, will be paid by all applicants for any Permit required by this bylaw or the regulations passed under the provisions of the Fire Services Act, and for the inspection of any work or thing for which a Permit is required.

3.4 The Fire Chief may issue a Permit if,

(a) an application has been received;

(b) the Fire Chief is of the opinion that the proposed operation or occupancy complies with the provisions of the Fire Services Act, regulations thereunder, this bylaw and any other applicable bylaw; and

(c) the Permit fee has been paid. 3.5 The Fire Chief may refuse to issue a Permit or revoke a Permit where, in the Fire Chief’s

opinion:

(a) there is a violation of any condition under which the Permit was issued; (b) there is a violation of any requirement of the Fire Services Act or regulations

thereunder, this bylaw or any other applicable bylaw; or (c) any Fire permitted through the issuance of the Permit would be likely to be

hazardous or create a nuisance; or

(d) any conditions or circumstances relevant to the issuance of the Permit, or the activities pursuant thereto, have changed such that the Fire Chief is of the opinion that the activities authorized under the Permit should not be undertaken.

3.6 Permits and licenses will be posted on the subject premises in a conspicuous place to the

satisfaction of the Fire Chief. 3.7 Where an owner or his agent has commenced work or allowed work to commence on an

installation or other work requiring a Permit before a Permit is issued, the amount of the fee required to be paid, as referenced in Section 3.3, is double the amount.

3.8 The issuance of any Permit under this bylaw will not be construed in any way to make or

hold the City or its employees (including the Fire Department) liable or responsible for any damages arising out of any action carried out by any person whether or not such action was carried out in accordance with the terms of the Permit.

3.9 A Permit issued under this bylaw:

(a) will not take the place of any other licence or permit required by another enactment;

and (b) will not be transferable.




PART 4 – GENERAL FIRE REGULATIONS 4.1 Open Air Burning Prohibitions

Except at hereinafter provided, no person will light, ignite or start, or allow, or cause to be lighted, ignited or started a fire of any kind whatsoever in the open air. (a) A Special Burning Permit may be issued between Nov 1st and April 30th, to farmers,

orchardists or golf courses on parcels having farm assessment under the BC Assessment Authority.

(b) Such a Special Burning Ppermit may be issued twice per year, to a maximum of two weeks annually, subject to the issuance of the appropriate permit approved by the Fire Chief or Designate.

(c) Burning occurring due to a Special Burning Permit will only be permitted Monday to Friday starting 1 hour after sunrise ending by 4 pm or 2 hours before sunset, whichever is later.

(d) No person to whom a special permit has been issued under this bylaw will, on or

in any fire, burn any rubber tires, oil, tar, asphalt shingles, battery boxes, plastic or hazardous materials, or any materials which produce heavy black smoke or offensive odours.

(e) Every person to whom a special permit has been issued under this bylaw will place and keep a competent person, at all times, in charge of such fire while the same is burning or smoldering and until such fire is completely extinguished and will provide that person with sufficient appliances and equipment in order to prevent the fire from getting beyond control or causing damage or becoming dangerous to life and property.

(f) Every person to whom a special permit has been issued under this bylaw will be

responsible for the care and control of such fire until it is extinguished.

(g) Every person who starts a fire will ensure that the site of the fire from the property lines, standing timber, brush or structures is not less than five (5) metres.

(h) No person will kindle, light, ignite, start, allow or cause to be lighted or maintain a fire on land of another without the permission of the owner thereof or his agent.

(i) No person will kindle, light, ignite, start, allow or cause to be lighted or maintain a fire in any lane, street, road, highway, boulevard, easement, or right-of-way, or any other property owned by the City of Armstrong.

(j) This Section does not apply to: (i) Confined fires used for cooking in grills and barbeques;

(ii) Necessary municipal burning, and;

(iii) Open air burning for fire training purposes.




(k) No person to whom a special permit has been issued under this bylaw will burn when the daytime Venting Index is less than what is permitted as determined by Environment Canada for the Okanagan Zone. No person will park any vehicle within 3 meters of a Fire exit.

4.2 Except when a fire hydrant is opened or operated by a Member of the Fire Department or

an employee, subcontractor or agent of the City or relevant water improvement district, it is a violation of this bylaw to open or operate any City or water improvement district fire hydrant.

4.3 It is a violation of this bylaw to tamper with any fire hydrant. 4.4 No person will obstruct or otherwise interfere with access roads or streets or other

approaches to any Incident, fire hydrant, body of water or other source of water supply designated for firefighting purposes.

4.5 No person will throw down or drop any lighted match, cigar, or cigarette or other burning

substance in or near any combustible material. 4.6 All chimneys and heating appliances must be maintained in a safe condition and in

accordance with the following: (a) all chimneys, smokestacks or similar devices for conveying Smoke or gasses to

the outer air and the stoves, furnaces, fireboxes or boilers to which they are connected will be constructed in accordance with the Building Code and the Fire Services Act and any specific requirements of the Building Bylaw; and

(b) it is the responsibility of the owner or occupier of any building to keep and maintain

any chimney, stovepipe, or flue in safe operating condition. 4.7 Owners and occupiers of all property within the City must maintain their property in a safe

and prudent manner in order to prevent Fires and in accordance with the following:

(a) Owners or occupiers of any building will not permit cotton batting, straw, dry vines, leaves, trees, or other highly flammable materials to be used for decorative purposes in show windows or other parts of stores to prohibit the display of saleable goods permitted and offered for sale;

(b) Electric light bulbs in stores will not be decorated with paper or other combustible materials unless such materials will first have been rendered flameproof;

(c) commercial refuse containers will be placed more than three (3) meters away from any combustible building or structure unless they are equipped with lids which will be kept closed in which event the Fire Chief may approve a lesser distance;

(d) where, in the opinion of the Fire Chief, the safety of property is endangered by

debris caused by lumbering, land clearing or industrial operations, or property is endangered by dry grass or brush, the owner or occupier of the land on which such debris, dry grass or brush exists will, subject to the provisions of section 4.1 hereof, dispose of the said debris, dry grass or brush by burning as permitted under this bylaw or in any other manner, and will cut down and similarly dispose of all dead standing trees, brush or grass within the area affected, and will provide such labour




and will take such precautions to prevent the escape of fire or damage to property as the Fire Chief or other person duly appointed may direct;

(e) upon receiving a notice in writing from the Fire Chief, the owner or occupant of real property will ensure that the building described in the notice will be made to comply with the BC Building Code, Fire Services Act and the BC Fire Code in respect of interior stairways, exterior stairways, fire escapes, hallways, exit doors, fire doors and windows, enclosure of stairways, sprinkler systems, standpipes, fire alarms, emergency lighting, fire safety plans and any other requirements which, in the opinion of the Fire Chief, would be necessary for the safety of the occupants of the building;

(f) where any person refuses or neglects to obey or comply with any direction or order

given by the Fire Chief, the Fire Chief may, by an ORDER in writing direct that such matter or thing be done by the City of Armstrong at the expense of the owner of the land to which the ORDER applies and the City of Armstrong may recover the expenses thereof plus interest under the provisions of the Community Charter; and

(g) Any person who neglects or refuses to comply with the requirements of subsections (c), (d) or (e) of this section will be guilty of an offence.

4.8 In addition to the Fireworks regulations outlined in the Fire Code, and in accordance with

the Fireworks Act, the following regulations will apply within the boundaries of the City: (a) no persons will sell, give, fire or set off Fireworks except between October 24 and

November 1 in any year; (b) notwithstanding the provisions of this regulation, Fireworks may be sold to and

discharged by any person or organization conducting a public Fireworks display provided such public display is held with the written permission of the Fire Chief; and

(c) Special Permits will be obtained from the Fire Chief for the buying and setting off

of Fireworks for special occasions outside of the dates set out in subsection (a) above.

4.9 The occupier or, if none, the owner, of a property, building, premises, motor vehicle, vessel

or railway rolling stock, will immediately report to the Fire Chief when an explosion, discharge, emission, escape or spill of a hazardous substance occurs, and will immediately report to the Fire Chief where the potential for an explosion or a discharge, emission, escape or spill of a hazardous substance exists.

4.10 The dispensing, fueling, filling, refueling, or refilling of propane or liquefied natural gas bottles, cylinders or containers of any type will only be carried out at inspected and approved facilities a filling stations, recreational vehicle centres and industrial locations where a person qualified to dispense propane or liquefies gas is in attendance.

4.11 The following regulations will apply in respect of flammable or combustible liquids: (a) the storage, dispensing, fueling, filling, refueling, or refilling of containers of any

type larger than 22.5 liters (5 gallons) with gasoline, diesel, naphtha, or any other




flammable or combustible liquid will not be carried out in residential areas or on properties of less than 0.4047 ha (1 acre);

(b) no person will store any flammable or combustible liquids in an non vented area and or structure. All storage containers must be CSA approved.

(c) no person will dispense flammable or combustible liquids into a storage tank requiring a Permit under the Fire Services Act unless storage and installation is approved by the Fire Chief;

(d) all plants, stores, equipment, buildings, structures and installations for the storage, handling or use of flammable or combustible liquids, which are in existence at the time of the passing of this bylaw, may be continued in use provided that they do not, in the opinion of the Fire Chief, constitute a hazard to life, or to adjoining property;and

(e) any additions to or installations on or upon any plants, stores, equipment, buildings,

structures or installations after the passing of this bylaw will conform to the provisions of this bylaw.

4.12 The following regulations will apply to Private Hydrants:

(a) the owner of property on which a Private Hydrant is installed will maintain the hydrant at all times in good working condition;

(b) inspections, servicing and testing of Private Hydrants will be performed only by persons qualified to carry out such services;

(c) the owner of a property with one or more Private Hydrants will:

(i) not less than semi-annually have all Private Hydrants installed on the property flushed, drained, and all threads of outlets and caps greased with waterproof grease;

(ii) have all Private Hydrants painted as and when required; (iii) not less than once annually provide to the Fire Chief a written report of the

inspection, servicing and testing conducted in relation to all Private Hydrants installed on the property;

(iv) keep the ground surface around all Private Hydrants installed on the

property clear of Vegetation or structure of any kind for a radius of one and one half meters;

(v) keep snow removed from the Private Hydrant so it is readily visible at all

times; and (vi) keep the ground surface between all Private Hydrants installed on the

property and the nearest street clear of all obstacles including vehicles, so as to facilitate use of Private Hydrants by Fire Department; and




(d) all Private Hydrants will be installed to public works department standards and will conform to style and type approved by the public works department and the Fire Department.

4.13 The following regulations will apply with respect to emergency access for Fire Protection

purposes: (a) all emergency access routes will be maintained to City standards; (b) fences, hedges, trees, vegetation, structures, vehicles or obstacles of any kind will

not be allowed to impinge upon any portion of any emergency access; and (c) approved removable bollards or approved bicycle baffles may be installed to

prevent common use of emergency accesses. The design and installation of the bollards and baffles will be in accordance with public works department specifications for emergency access and be accepted by both the public works department and the Fire Department.

4.14 Filling Stations will subject to the following requirements:

(a) In addition to the dispensing procedures outlined in the Fire Code, filling stations

will make use of manually operated pumps only or other dispensing devices which discharge flammable liquids under pressure or by gravity flow so adjusted that when the operator's hand is removed the flow of liquid will be immediately cut off; and

(b) No vehicle will be refueled while the motor of such vehicle is running and a notice indicating such will be conspicuously posted as to be readily visible at each pump.

PART 5 – PENALTIES 5.1 Where a person fails or refuses to carry out provisions made under this bylaw or acts

contrary to such provisions of fails or refuses to comply with any condition attached to a Permit or to which a Permit is subject, the Fire Chief may apply to a justice and on hearing the application the justice may grant an injunction to restrain that person from proceeding with the work in respect of which the provision was made or the Permit was issued and the justice may make such further order as he deems fit.

5.2 Every person who violates any of the provisions of this bylaw, or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this bylaw, or who does any act or thing which violates any of the provision of this bylaw commits an offence and will be liable on summary conviction to a penalty of not less than $50.00 and not more than $2,000.00 for every such violation of this bylaw, and for each day of an offence of a continuing nature.

5.3 Alternatively, any person found in contravention of this bylaw may be subject to fines under the City’s Municipal Ticket Information Bylaw, as amended or re-enacted from time to time.




PART 6 – MISCELLANEOUS AND TITLE

6.1 The invalidity of any portion of this bylaw will not invalidate any other portion of this bylaw.

6.2 The Fire Code will not be construed to hold the City responsible for any damage to persons or property by reason of:

(a) inspections authorized by the Fire Code;

(b) any failure to carry out an inspection under this bylaw or the Intermunicipal Fire

Services Bylaw;

(c) any Permit issued as herein provided, or

(d) any approval or disapproval under this bylaw.

6.3 This bylaw comes into force and takes effect on _____ day of ______ , 2020

6.4 City of Armstrong Fire Prevention By-law Number 1782, 2016 and all amendments thereto are hereby repealed.

READ a first time this ___ day of ___________, 2020 READ a second time ___ day of ___________, 2020 READ a third time ___ day of ___________, 2020 ADOPTED this ___ day of ___________, 2020

________________________________ _________________________ CORPORATE OFFICER MAYOR




Page 1 of 5

CITY OF ARMSTRONG

BYLAW NO. 1857

SOLID WASTE COLLECTION SERVICE BYLAW

A Bylaw to regulate the administration, collection and disposal of residential solid waste in the City of Armstrong

The Council for the City of Armstrong, in open meeting assembled, enacts as follows:

TITLE:

1. This Bylaw may be cited for all purposes as “City of Armstrong Solid Waste Collection Service Bylaw No. 1857, 2020”.

DEFINITIONS:

2. In this bylaw:

a. “Bylaw” means this Bylaw.

b. “City” means the City of Armstrong.

c. “Collection Service” means the City of Armstrong Solid Waste Collection Service.

d. “Dwelling” means a livable quarter with a bedroom, kitchen and bathroom facilities.

e. “Fees” means the rates established from time to time by the City of Armstrong.

f. “Officer” means the City of Armstrong Bylaw Enforcement Officer, or authorized designate.

g. “Owner” means the owner of Property within the City of Armstrong.

h. “Property” means real property within the City of Armstrong.

i. “Receptacle” means an approved commercially available container of a rigid plastic or metal design with a latching or snapping lid for the purpose of holding Municipal Solid Waste.

j. “Prohibited Waste” means Solid Waste designated by Bylaw by the Regional District of North Okanagan to be inappropriate for disposal at a Solid Waste Management Facility for environmental, regulatory or legal reasons related to the safe or efficient operation of a Solid Waste Management Facility.




Page 2 of 5

k. “Municipal Solid Waste means

i. Solid Waste that originates from residential (single family or multi-family); or

ii. Solid Waste specified by the British Columbia government to be included in a waste management plan; and

iii. Has been deemed acceptable by the Regional District of North Okanagan for diversion and disposal at a Solid Waste Management Facility.

l. “Solid Waste Management Facility” means a designated site owned and/or operated by or for the Regional District of North Okanagan for the purpose of managing Municipal Solid Waste.

m. “Waste Sharps” means needles, syringes, blades or laboratory glass capable of causing punctures or cuts.

GENERAL REGULATIONS

3. No person will obstruct or interfere with an Officer in the exercise of their duties.

4. This Bylaw will be administered by the Officer.

5. The Officer may from time to time prescribe documents required in the administration of this Bylaw.

6. An Officer may enter upon, at all reasonable times, any property or premises in order to ascertain whether the provisions of this Bylaw are being complied with.

COLLECTION SERVICE

7. Except as otherwise indicated, this Bylaw applies to all residential properties served by the Collection Service.

8. This Bylaw has been established to provide a Collection Service to the residents of the City.

9. The City may, at its discretion, may declare special clean-up events from time to time, as it deems necessary.

10. Collection Service schedule is established by the City.

GENERAL CONDITIONS

11. Receptacles for Municipal Solid Waste will be provided by the Owner and must:

a. be a metal or rigid plastic garbage container;

b. be in safe, sanitary and useable condition;

c. have a watertight animal and insect proof lid;




Page 3 of 5

d. have a rigid handle which permit ease of handling;

e. have a total weight of each when full not to exceed 22.68 kilograms (50 pounds); and

f. not be more than 0.99 cubic metres (3 ½ cubic feet) in size.

12. Plastic Bags for Municipal Solid Waste will be provided by the Owner and when used outside a Receptacle must:

a. be sturdy and strong enough to withstand normal handling;

b. be properly sealed;

c. not contain any sharp objects which may tear the bag and/or injure refuse collection personnel;

d. not contain any organic matter that will attract dogs, cats or omnivorous or carnivorous feral animals;

e. when full, not exceed a weight of 22.68 kilograms (50 pounds); and

f. when full, not exceed 0.914 metres (3 feet) in any dimension.

13. Every Owner or occupier will:

a. place Municipal Solid Waste in a Receptacle or Plastic Bag in accordance with this Bylaw;

b. be responsible for any mess that is created by wild or domesticated animals and will be required to clean up such mess should it occur on City lands;

c. place Receptacles or Plastic Bags on the street no later than 7:00 am on the day of collection;

i. Failure to do so may result in the contents of the Receptacle not being emptied or Plastic Bag being collected;

d. ensure Receptacles and Plastic Bags are placed on the street in a location that is approved for collection by the City;

i. under no circumstances will a Receptacle or Plastic Bag be placed greater than 1.0 metre from the edge of a roadway;

e. remove Receptacle from the street after collection and store on the Property from which the Municipal Solid Waste originates no later than the expiry of the collection date; and

f. be responsible for the protection of the Receptacle against upset or spillage at all times; and




Page 4 of 5

g. spilled or upset Receptacles are the responsibility of the Owner or occupier and will not be emptied.

14. Should a Receptacle or Plastic Bag be placed in a location that is not accessible to refuse collection personnel, Municipal Solid Waste will not be removed.

15. A maximum of two (2) Receptacles or Plastic bags per Dwelling will be emptied or collected on collection day, except where a sticker is attached to each Receptacle or Plastic Bag beyond the two permitted.

a. Additional collection stickers may be purchased from the City.

16. Liquids are not to be placed in a Receptacle or allowed to accumulate.

17. No person will deposit or place refuse upon a public place except in an approved Receptacle.

18. No person will deposit any off-site refuse of any kind upon private property or a public space unless in a Receptable explicitly marked for that purpose.

19. The City reserves the right to suspend Collection Services from residential properties where provisions of this Bylaw are violated.

RESTRICTED MATERIAL

20. No Owner or occupier will place Prohibited Waste including Waste Sharps in a Receptacle or Plastic Bag.

21. The City reserves the right to not empty Receptacles or collect Plastic Bags containing Prohibited Waste.

MULTI-FAMILY RESIDENTIAL COLLECTION

22. The City has on file a record of multi-family residential properties provided with a Collection Service under the provisions of this Bylaw, which may be amended from time to time.

FEES AND CHARGES

23. Every Owner or occupant that uses the Collection Service will pay the applicable Fees as set out in the current City of Armstrong Rates, Fees and Charges Establishment Bylaw and its amendments.

24. Fees or charges imposed under this Bylaw may be collected in the same manner and with the same remedies as property taxes on the premises in respect of which they are imposed and, if unpaid on December 31st in the year which they are imposed and due, will be deemed to be taxes in arrears.

OFFENCES AND PENALTIES

25. A person who:

a. violated any provision of this Bylaw;




Page 5 of 5

b. permits, suffers or allows any act to be done in violation of this Bylaw; or

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

commits an offence against this Bylaw and:

d. is liable to a fine as set out in the City of Armstrong Municipal Ticket Information System Bylaw; and

e. is liable, upon summary conviction, to the maximum fines plus costs under the Offence Act, Local Government Act and Community Charter.

SEVERANCE

26. If any portion of this Bylaw is held to be invalid by decision of any court of competent jurisdiction, the invalid portion will be severed, without affecting the remainder of this Bylaw.

READ a first time this _____ day of __________, 2020

READ a second time this _____ day of __________, 2020

READ a third time this _____ day of __________, 2020

ADOPTED this _____ day of __________, 2020

_________________________ _________________________




Ministry of Public Safety and Solicitor General

Policing and Security Branch Mailing Address: PO Box 9285 Stn Prov Govt

Victoria BC V8W 9J7

Telephone: 250 387-1100 Facsimile: 250 356-7747

Website: www.gov.bc.ca/pssg

May 15, 2020 Ref: 568916

Kevin Bertles Chief Administrative Officer City of Armstrong Email: [email protected]

Dear Kevin Bertles:

The Ministry of Public Safety and Solicitor General (PSSG) and Public Safety Canada (PSC) have recently resolved three long-standing disputed items and I am writing to inform you how the resolution of these issues will impact the cost of policing services for your municipality. The Settlement Agreement was signed by both the Federal and Provincial Ministers on March 23, 2020, it is retroactive to April 1, 2019, resolving:

The funding for accommodations at Timbers (GT);

The cost-share for the Lower Mainland District Integrated Homicide Investigation Team (LMD IHIT); and,

The settlement of the liability arising from the federal government's termination of accumulated earned retirement benefits and the related payout of those benefits (Earned Retirement Benefits).

Transitional provisions were made in the Settlement Agreement for your municipality since it only became responsible for policing costs on April 1, 2017. Terms of the Settlement Agreement that impact your municipality are as follows:

Green Timbers Effective April 1, 2019, the annual accommodation costs for Green Timbers charged to your municipality will remain constant at the 2013 rate for 25 years (2013-2038). Your municipality liability for the Green Timbers costs from April 1, 2017 to March 31, 2019 has been fully paid and the credit balance you have outstanding will be applied to the first invoice of the succeeding Fiscal Year.

/2

AGENDA ITEM #10.b) i)


Ministry of Public Safety and Solicitor General

Policing and Security Branch Mailing Address: PO Box 9285 Stn Prov Govt

Victoria BC V8W 9J7

Telephone: 250 387-1100 Facsimile: 250 356-7747

Website: www.gov.bc.ca/pssg

Kevin BertlesPage 2

IHITEffective April 1, 2019, the existing LMD IHIT is to be included as part of the RCMP Provincial Service with the 70/30 provincial/federal cost-share applied to all LMD IHIT costs. This means that all municipalities participating in LMD IHIT will benefit from the 70/30 cost share.

There are also provisions in the Settlement Agreement that allow, subject to specified conditions, for future IHITs to be cost-shared at the 70/30 provincial/federal cost-share.

Earned Retirement BenefitsThe Province has agreed to pay the RCMP members' entitlement to accumulate severance pay for voluntary resignations and retirements as of March 31, 2012. The termination of theseverance pay entitlement will result in future cost avoidance for municipalities, the Province and PSC.

As a transitional provision in the Settlement Agreement, the Province is funding the earned retirement benefits that may be attributable to your municipality. Your municipality has no outstanding liability for Earned Retirement Benefits.

Other provinces and territories are currently looking at mediation/arbitration to negotiate a better settlement for Earned Retirement Benefits than what BC has accepted. Under the terms of the Settlement Agreement, if any agreement on severance is reached with all other provinces and territories that would result in a lesser amount being otherwise owed by BC for early retirement benefits, that benefit will be provided to BC and proportionately allocated betweenmunicipalities and the Province.

If you have questions about and the financial details of the Settlement Agreement, please contact Jim MacAulay at [email protected] or 778 698-8324.

Take Care,

Brenda Butterworth-Carr; Tr'injà shär njit dintlätAssistant Deputy Minister

And Director of Police ServicesPolicing and Security Branch

AGENDA ITEM #10.b) i)


regular council - 25 may 2020

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