MINUTES OF THE COUNCIL MEETING

HELD ON MONDAY DECEMBER 19, 2005 AT 7:00 P.M.

Present:            Mayor Max Wyman

Councillor Linda Heneault

                        Councillor Connie Spiers

                        Councillor Lisa Turpin

                        Councillor Ken Wolder

                        Administrator Lori Pilon

Recording Secretary Sheila Blake

1.         Mayor Wyman called the meeting to order at 7:00 p.m.

2.                   A motion was passed to approve the agenda.     

3.                   Public Participation

Tina Schneider, 220 Oceanview Road reported that a sink hole had appeared at the high end of Oceanview Road and Highview Place intersection.

This matter to be referred to the Public Works Department.

4.                   Delegations

A.        Louis Peterson - Lions Bay Fire Rescue Foundation Committee

A letter dated December 13, 2005 with seven attachments providing background information on the activities of the Lions Bay Fire Rescue Foundation Committee was presented.  Peterson reported that:

·         Don Pamplin made 49 recommendations regarding the Lions Bay Fire Rescue and the Strategic Planning Group identified 16 strategic action plans including the formation of a Lions Bay Fire Rescue Foundation Committee, and

·         The Committee recommends that the foundation be a registered society and a constitution created, and that the foundation works to support Lions Bay Fire Rescue but that it be separate from Council and the Fire Department.

Mayor Wyman thanked Peterson for his presentation and advised

that:

·         The information presented would form part of the Village's strategic planning process, and

·         The foundation would be a full-scale, broad-spectrum Lions Bay foundation with possibly of a special branch for raising funds for the fire department.

B.           Ute Philips, Chair of the Regional District Assessment Committee

Phillips was invited to the Council meeting to present background information regarding the final report of the Committee whose mandate was to evaluate Lions Bay's membership in the GVRD vs. the SLRD.  Phillips advised that:

·         A number of meetings were held with key people to explore the issue, to gather as much information as possible and obtain a more definitive sense of the pros and cons of the process,

·         It became necessary to take a position, as a strategy, to move forward and enter a formal process of negotiation. It was not a decision but rather a strategic move to discover the consequences of staying in or leaving the GVRD.  The final decision would come from residents as a result of the public information process, and

·         The letters to GVRD and SLRD do not say it is a strategy because clearly they couldn’t say that.

Council noted there had recently been an exchange over this issue in the Vancouver Sun and it should be made clear that this was a strategy and not a decision and that this issue has yet to go to a public consultation.  Council directed that this Committee be reconstituted as a standing committee of the Village with more members of Council involved to pursue this issue further.

C.         Suzanne and Albert Forshaw regarding acquisition of public land

Suzanne and Albert Forshaw circulated a summary of their attempts, which began two years ago, to acquire an easement, lease or purchase of public lands and introduced their architect Bryce Ferguson.  The Forshaw’s advised that:

·         The existing carport built without a building permit encroached on village property and a requested easement had been denied,

·         The Board of Variance approved a variance with conditions but compliance with the conditions proved impossible,

·         They want to construct a new double car garage and provide level access to it by acquiring an easement, lease or by purchasing Village land.  There has been reluctance by the Village to sell municipal property thereby setting a precedent,

·         They feel their circumstances are exceptional, that the land in question is of no use to anyone else, and that their use would not impact neighbouring property or adversely affect public safety or the environment.

      Council advised that policies are guidelines and Council is at liberty, after careful consideration of precedent setting to make a decision it feels is right especially where there appears to be extraordinary circumstances.

This item to be discussed under Item 6G Unfinished Business.

5.         Adoption of Minutes

A.        Regular Council Meeting held November 21, 2005

A motion was passed to adopt the Minutes of the Regular Council Meeting held on November 21, 2005.   

Councillor Turpin questioned the wording of the motion under Item 6C Council Remuneration.  Staff to confirm.

            B.         Inaugural Meeting of Council held December 5, 2005

A motion was passed to adopt the Minutes of the Inaugural Council Meeting held on December 5, 2005.                                                                                       

6.              Unfinished Business

A.                 Rockfall and Bank Erosion on Mountain Drive

An information report dated December 19, 2005 regarding Rockfall and Bank Erosion on Mountain Drive was presented.

The Administrator advised that the cost to hydro-seed the bank in March would be $1,000.  Funding in the amount of $2,250 has been received by BC Hydro for restoration of all boulevards impacted by BC Hydro’s cutting in Lions Bay.

A motion was passed to approve hydro seeding of the bank on Mountain Drive.

B.                 Tree Cutting on Private Property

An information report dated December 19, 2005 was presented regarding Tree Cutting on Private Property.

A motion was passed that staff contact Carol Brady to confirm whether she still requires intervention, and if so, to refer this matter to the Tree Committee.

C.                 Lions Bay Fire Rescue Honoraria

An information report dated December 19, 2005 was presented regarding the Lions Bay Fire Rescue Honoraria.

Councillor Wolder declared a conflict of interest due to his membership as an officer on the Fire Department and abstained from discussion and voting. Wolder left the Council Chambers at 7:45 pm.

A motion was passed that the following honoraria be implemented effective January 1, 2006, after public consultation:

·         Fire Chief - $7,500 per annum

·         Deputy Fire Chief - $6,800 per annum

·         Training Officer - $6,800 per annum

The Training Officer currently receives $6,000 per annum.  The proposed honoraria would constitute a 3% increase in taxes unless the Fire Department can absorb some of increase into existing expenditures.

An information letter from the Mayor will be circulated after every Council meeting providing details of the meeting.  The question of honoraria for the Fire Chief, Deputy Fire Chief and the Training Officer will be included in this letter from the Mayor with a dated response time.

A motion was passed that a decision on honoraria be deferred until the matter has gone to public consultation.

                        Councillor Wolder returned to the Council Chambers at 8:55 pm.

D.                 Regional District Assessment Committee Recommendations

An information report dated December 19, 2005 regarding the 

Regional District Assessment Committee as well as letters dated November 21, 2005 to the GVRD and SLRD, and letter dated December 2, 2005 to Minister Ida Chong regarding this matter were presented.

Council advised that the Regional District Assessment Committee is to be changed from a Select Committee to a Standing Committee,

A motion was passed that acceptance of the Regional District Assessment Committee report be rescinded.

A motion was passesd that the Regional District Assessment Committee report be received.

A motion was passed that the Mayor write to the GVRD and the SLRD setting the record straight and asking for clear information about the implications of any changes.

E.         Update on The Seagull

                        An information report dated December 19, 2005 was presented

                        regarding an update on The Seagull.

The Administrator advised that Penny Nelson and Kitty All, who both have journalism experience, are taking over production of The Seagull.   

A motion was passed that Council provide direction regarding development of a communication strategy, and the role of The Seagull in particular; that a meeting be scheduled with Penny Nelson to meet her and to discuss roles and expectations; and that start up funding in the amount of $1,000 be passed on to Penny Nelson once received from Karen Dyer.

            F.         Howe Sound Community Forum

An information report dated December 19, 2005 regarding the Howe Sound Community Forum was presented.

The Administrator advised that it is usual to rotate hosts for this Forum and that the last meeting set for May 16, 2005 was cancelled due to members' conflicting schedules.

A motion was passed that the Mayor and Administrator set a date and agenda for the Howe Sound Community Forum meeting to be hosted by Lions Bay.

G.                 Suzanne and Albert Forshaw regarding acquisition of public land

Request by the Forshaws to consider their situation as exceptional under the existing policy regarding the purchase of municipal land.

A motion was passed that Council enter into negotiations with the Forshaws regarding the proposed purchase of Village land with particular reference to:

·         An independent evaluation of the land at Forshaw’s cost,

·         Slope stabilization to the satisfaction of the Village’s engineers,

·         Indemnification of the Village against costs of maintenance and liability, and

·         All costs associated with this land transfer to be covered by the Forshaws.

7.         Reports

A.                 Administrator

i)          Election Results

An information report dated December 19, 2005 was presented regarding the 2005 Municipal Election results pursuant to Section 148 (1) of the Local Government Act.

A motion was passed that the report regarding the 2005 Municipal Election results pursuant to Section 148 (1) of the Local Government Act

be received.

ii)         Peter Kiewit Sons – Water use and hydrant installation at Brunswick Pit

An information report dated December 19, 2005 was presented regarding Peter Kiewit Sons - Water use and hydrant installation at Brunswick Pit.

A motion was passed to approve that Peter Kiewit Sons Co. supply and install a 150 PVC service line and new hydrant just outside the burn facility gate at Brunswick Pit in exchange for the Village of Lions Bay providing water to the Peter Kiewit Sons Co. offices/trailers located at Brunswick Pit for the three year period September 2006 to September 2009.

A motion was passed that in the interest of the nearby community placement of the trailers not be visible from Brunswick Beach, that street light pollution be minimized, and that the trailers be used primarily for office space not residential.

iii)         TransLink Bike Planning Funding

An information report dated December 19, 2005 was presented regarding TransLink's Bike Working Group - Grant Funding Approved.

A motion was passed that the report regarding TransLink's Bike Working Group - Grant Funding Approved be received.

·         TransLink's Bike Working Group Funding program covers 50% of costs of projects such as bike and pedestrian lanes on Centre Road from the intersection at Crosscreek Road to the commercial complex, and

·         Application was made this year for bike lanes from the bus stop under the overpass down to Lions Bay Beach Park and for a bike rack to be installed in the Park.

A motion was passed that staff provide further information on design, costs and feasibility before making a decision about installing bike lanes/paths.  Staff to report back at the January 23, 2006 Council meeting.

iv)        Gift Purchase

An information report dated December 19, 2005 was presented regarding a gift purchase.

A motion was passed that pursuant to past precedent, the Village of Lions Bay contribute up to $200 towards a gift to honour former Mayor Douglas Miller. 

B.                 Finance Manager

i)          Year to Date Financial Statement for the period ending

            November 30, 2005

An information report dated December 19, 2005 was presented regarding

the Financial Statement for the eleven-month period ending

November 30, 2005.

A motion was passed that the Financial Statement for the eleven month period ending November 30, 2005 be received.                                             

ii)         TransLink Budget 2006

An information report dated December 19, 2005 was presented regarding the 2006 TransLink Budget.

A motion was passed that the 2006 TransLink Budget report be received for information.

iii)         Fees and Charges 2006

An information report dated December 19, 2005 was presented regarding

Fees and Charges for 2006.

A motion was passed that the following proposed user fees outlined in Schedule A of the information report be approved effective January 1, 2006:

                                          Dog Licenses: spayed/neutered        $25;

                                                                Unaltered                  $40

                                          Tax Certificates                              $25

                                          Blueprints                                       $25 plus cost of 

                                                                                                copying

Councillor Wolder declared a conflict of interest due to ownership of the Marina and abstained from discussion and voting.  Wolder left the Council Chambers at 9:32 p.m.

A motion was passed that the proposed user fee outlined in Schedule A of the information report for boat space rental of $50 be approved effective January 1, 2006.

Councillor Wolder returned to the Council Chambers at 9:35 p.m.

iv)        Travel Reimbursement Policy

An information report dated December 19, 2005 was presented regarding the Village of Lions Bay Travel Reimbursement Policy.

A motion was passed to adopt the Village of Lions Bay Travel Reimbursement Policy.

            C.         Mayor

i)          Mayor Wyman’s report dated December 19, 2005 was presented.

A motion was passed to receive the Mayor's report.

Mayor Wyman has begun informal discussions with the Chief Herald of Canada regarding the acquisition by Lions Bay of a coat of arms. The College of Heralds designs the coat of arms which is brought back to Council for approval and payment of the design process.

ii)         Presentation of Tickner print Two points of View.

A motion was passed that a letter expressing gratitude for this very generous gesture be sent to Michael Tickner.

            D.        Council

Councillor Turpin's report dated December 19, 2006 was presented.

A motion was passed to receive Councillor Turpin's report.

            E.         Committee

Lions Bay Fire Rescue Foundation Committee

A letter dated December 13, 2005 with seven attachments from Louis Peterson providing background information on the activities of the Lions Bay Fire Rescue Foundation Committee was presented to Council.

A motion was passed to receive the report dated December 13, 2005 with seven attachments from Louis Peterson providing background information on the activities of the Lions Bay Fire Rescue Foundation Committee and that the formation of a foundation be considered at Council’s Strategic Planning Session.

8.         Correspondence

A.                 A correspondence list for the period ending December 16, 2005 was presented in writing.

A motion was passed to receive the correspondence list for the

period ending December 16, 2005.                                                                                         

B.                 A list of Action Items for the period ending December 16, 2005 was presented in writing.

                        A motion was passed to receive the Action Items list for the period

                        ending December 16, 2005.                                                                                         

i)          Letter dated November 18, 2005 from the Rev. Dr. Lawrence W. Denef to the Hon. Gordon Campbell regarding CN Rail and safety and email dated November 22, 2205 from Lawrence W. Denef to Mayor Max Wyman regarding CN Rail.

A motion was passed to defer the correspondence to next Council meeting and that Councillor Heneault be authorised to follow up with Joan McIntyre, MLA, West Vancouver on the Trails and Pathways Committee initiative regarding use of the railway right-of-way. 

ii)         Letter dated November 22, 2005 from Mayor Ralph Drew,

            Chair, LMTAC regarding appointment of representatives to

            LMTAC.

A motion was passed to appoint Mayor Wyman to LMTAC with Councillor Turpin as alternate.

iii)         Letter dated November 30, 2005 from Cindy Walsh, Air Quality Meteorologist, Environmental Protection Division, Lower Mainland Region regarding 2005 Funding Request for the Sea to Sky Air Quality Management Plan.

A motion was passed to defer this matter and that Cindy Walsh be invited to the next Council meeting.

A motion was passed to extend the Council meeting from             10:00 p.m. to 10:30 p.m. pursuant to Section 31 of the

Village’s Procedure Bylaw 355.

9.                   New Business

A.        Designation of Council member to act in place of the Mayor.

An information report dated December 9, 2005 regarding designation of Council member to act in place of the Mayor was presented.

A motion was passed that pursuant to Section 9 of Procedural Bylaw 355 Council designate Councillors to act in place of the Mayor, alphabetically by quarter starting in January 2006 with Councillor Heneault:

                        January – March           Heneault                                  

                        April – June                  Spiers                          

                        July – September           Turpin

                        October – December     Wolder                                                            

B.         Schedule of Regular Council Meetings

An information report dated December 19, 2005 was presented regarding the 2006 schedule of regular Council Meetings.

A motion was passed to approve the schedule of Regular Council meetings for 2006 and that the schedule be posted at the Village Office and in the Lions Bay Post Office.

C.                 Council attendance at the UBCM Seminar for Newly Elected Officials

An information report dated December 19, 2005 regarding the UBCM Newly Elected Officials Seminar was presented.

A motion was passed to approve the attendance for all Council Members at the UBCM Seminar in Richmond, BC from January 19 - 21, 2006.

D.                 Appointment of portfolios and committees

i)          Council Appointments, Committees and Community Groups

            An information report dated December 19, 2005 was presented regarding Council Appointments, Committees and Community Groups as of December 5, 2005.

Council advised that portfolios are to be instituted for each member of Council representing a conduit through which information on a particular area can be directed.   The five portfolios will be:

Highway                                               Councillor Spiers

Infrastructure & Public Works               Councillor Heneault

Community Cares                                  Councillor Turpin

Emergency                                           Councillor Wolder

Olympics                                              Mayor Wyman

A motion was passed to accept the portfolios.

ii)         Committee Appointments

An Information report dated December 19, 2005 regarding Committee Appointments was presented.

A motion was passed to approve the appointments to the External Committees outlined in the report dated December 19, 2005.

Staff to amend the terms of reference of the Regional District Assessment Committee and send a letter of thanks to past members of the Committee.

E.                  Lions Bay Fire Rescue - request to waive insurance requirement for Community hall use.

An information report dated December 19, 2005 was presented regarding the Lions Bay Fire Rescue’s request that the requirement for an Indemnity Waiver and Certificate of Insurance be waived for their Christmas party.

A motion was defeated to approve Lions Bay Fire Rescue’s request that the requirement for an Indemnity Waiver and Certificate of insurance be waived for the Christmas party. Mayor Wyman, Councillors Wolder, Turpin, Heneault, Spiers opposed.

A motion was passed that the Village of Lions Bay pay the cost of Lions Bay Fire Rescue's insurance for the event, and that they be required to meet all other requirements set out in the policy including signing a waiver and being responsible for any damage and clean up. 

10.        A motion was passed to adjourn the meeting at 10:34 p.m.