mikeclay.ca - May 12,2015 Regular Council

Mayor Clay introduced Jenny Kim, a recent graduate of Port Moody Secondary who took top prizes in two categories at the Emerging Talent Arts Competition held in Coquitlam. Jenny was the winner of the People’s Choice award for her acrylic piece titled Anchored, and also received top honours for a short film called Ink which she produced in collaboration with Young Lee. Mayor Clay invited Ms. Kim to speak about the Art at Council feature Anchored.
Ms. Kim noted that the painting was influenced by the work of Ryan Hewett, a South African painter. Ms. Kim noted that her art will be on display at Coquitlam Centre in an upcoming show.

Hazel Mason, President of the Moody Centre Community Association, noted that she is pleased with the Council Strategic Plan, which included encouraging statements about developing a Neighbourhood Plan for Moody Centre and amending the Official Community Plan.

Andrea Ledingham, Port Moody, thanked Council for the Heritage Designation Bylaw for the Belcarra South Cottages and presented Council with a photograph of the cabins. Ms. Ledingham noted that the Belcarra South Preservation Society looks forward to engaging with the City to discuss the preservation of the cabins.

Katie Debelic, Port Moody, noted that she submitted the proclamation request for Myalgic Encephalomyelitis (ME) and Fibromyalgia (FM) Awareness Day, which is on the agenda as item 10.2. Ms. Debelic provided background information on the disease more commonly known as Chronic Fatigue Syndrome, and provided a personal account of her experience with the disease. Ms. Debelic noted that ME and FM are not well understood despite affecting 100,000 British Columbians, and that as a result, treatment is not readily available. Ms. Debelic noted that she hopes the proclamation will help increase awareness of these diseases.

Catherine Burns, Event Coordinator for the 2015 Burrard Inlet Fish Festival, introduced the Canadian Sound Therapy Arts Society and provided an overview of the proposed Burrard Inlet Fish Festival, noting that the 2015 festival will be a multi-day event starting on Friday evening. Ms. Burns provided an overview of the proposed activities and festival partners and sponsors, and requested Council support for the festival.

Marcus Schmieder, owner and operator of Porky’s Food Truck, requested that Council reconsider the City’s food truck regulations, noting that food trucks are generally supported by Port Moody residents and should be allowed to operate under a broader mobile vending program. Mr. Schmieder urged Council to consider implementing regulations similar to those in the City of Vancouver, where food trucks are allowed to operate under either a fixed location licence or a roaming licence.
James Coutu, owner and operator of This Little Piggy, also urged Council to consider adding a business licence category for mobile catering, which would allow him to operate at private events rather than as a mobile food truck.
Larry Jordan, owner and operator of Cheeses Crust, joined Messrs. Schmieder and Coutu in requesting that Council expand the food truck program.

Patti Matwiv, Golden Spike Days Festival, requested that Council provide $5,000 for the purchase and installation of brackets on the PCT Performance Stage, which would lower the cost of producing any event on that stage, benefitting all users of that facility.

RC15/192
Moved and seconded
THAT the 2015-2018 Council Strategic Plan be adopted.

RC15/193
Moved, seconded and CARRIED
THAT the 2015-2018 Council Strategic Plan be amended by including the same three adjectives- responsive, comprehensive and sustainable- in the first two action items for “Enhanced City land use planning” on page 6.

The question on the main motion as amended was put to a vote;
the motion was CARRIED.

RC15/194
Moved, seconded and CARRIED
THAT the minutes of the Public Hearing held Tuesday, April 28, 2015 be adopted.
RC15/195
Moved, seconded and CARRIED
THAT the minutes of the Regular Meeting of Council held Tuesday, April 28, 2015 be adopted.

At the request of Council, the following items were removed from the Consent Agenda for consideration under section 6:
• 5.6- Recreation Program Utilization and Capacity
• 5.8- Proposed Burrard Inlet Fish Festival Event
• 5.9- Whistle Cessation Options for loco Spur Rail Line

RC15/196
Moved, seconded and CARRIED
THAT the recommendations contained in the following items presented in the May 12, 2015 Regular Council Consent Agenda be adopted:
• 5.1- Finance Committee Resolutions for Ratification
• 5.2- Committee of the Whole Resolutions for Ratification
• 5.3- Enhance Exterior Brovold Room Lighting Recognizing Special Dates and Causes
• 5.4- Celebrating Canada’s 150th (Sesquicentennial) Anniversary
• 5.5- Addition to City of Port Moody Heritage Register- 2710 Henry Street
• 5.7- Golden Spike Days Request to Install Structural Brackets at PCT Performance Stage
• 5.10- Addition of a Tri-Cities Youth Strategy to the Work Plan
• 5.11- Chafer Beetle Action Plan for Damage on City Lands

Recommendation Adopted on Consent:
THAT the following recommendations from the Finance Committee meeting of May 5, 2015 be ratified:

Civic Centre Building Condition Assessment
FC15/075
THAT the report dated April 10, 2015 from Community Services- Facilities regarding Civic Centre Building Condition Assessment be received for information;
AND THAT the Civic Centre Building Condition Assessment be considered as part of the Broader Major Capital Discussion.

Broader Major Capital Discussion
FC15/077
THAT staff report back with a proposed financial plan based on increasing the asset management levy by 0.5% annually with the intention of paying for the cost of the Civic Centre improvements over a five-year period.

Civic Centre Building Condition Assessment
CW15/019
THAT the Building Envelope Condition Assessment report dated April 10, 2015 by Community Services regarding the Civic Centre Building Condition Assessment be received;
AND THAT further discussion on this report take place subsequent to receiving the building condition assessment report on the Recreation Centre.

CW15/020
THAT the Building Envelope Condition Assessment report dated April 10, 2015 by Community Services regarding the Civic Centre Building Condition Assessment be forwarded to the Finance Committee for discussion.

CW15/022 and CW15/023
THAT the Enhanced Culture Days as recommended in the report dated
April 10, 2015 from Community Services, Cultural Services regarding City Organized Community Events be approved;
AND THAT budgeting be decided at a future date pending details from staff.

Recommendation Adopted on Consent:
THAT the Brovold Room Exterior Lighting Schedule, and the process for updating the schedule, be approved as recommended in the report dated April 28, 2015 from Community Services, Cultural Services regarding Brovold Room Lighting.

Recommendation Adopted on Consent:
THAT Council consider a process to plan events that would take place in 2017 to celebrate Canada’s 150th anniversary as recommended in the report dated March 25, 2015 from the Heritage Commission regarding Celebrating Canada’s Sesquicentennial.

Recommendation Adopted on Consent:
THAT the addition of the building located at 2710 Henry Street to the City’s Heritage Register be approved as recommended in the report dated April 30, 2015 from Development Services- Planning Division regarding 2710 Henry Street (Smith Residence).

RC15/197
Moved, seconded and CARRIED
THAT the report dated April 24, 2015 from Community Services regarding Recreation Program Utilization and Capacity be received for information.

Recommendation Adopted on Consent:
THAT the report dated April 30, 2015 from Community Services, Cultural Services regarding Golden Spike Days Request to Install Structural Brackets at PCT Performance Stage be received for information.

Staff provided information received from Transport Canada and Canadian Pacific Railway since the writing of the report, noting that flashing lights and bells may not be required as part of manual protection, and that further detailed analysis must be conducted to determine the cost of whistle cessation.

Recommendation Adopted on Consent:
THAT Council approve the addition of involvement, in principle, in the development of a Tri-Cities Youth Strategy to the 2015 Work Plan of the Youth Focus Committee as recommended in the report dated April 24, 2015 from the Youth Focus Committee regarding participating in the development of a Tri-Cities Youth Strategy with the Cities of Coquitlam and Port Coquitlam.

Recommendation Adopted on Consent:
THAT Staff proceed with the implementation of the Chafer Beetle Action Plan for Damage on City Lands as outlined in the report dated May 1, 2015 from Engineering and Parks Services regarding Chafer Beetle Action Plan For Damage On City Lands.

RC15/201
Moved, seconded and CARRIED
THAT City of Port Moody Financial Plan Bylaw, 2015, Bylaw No. 3008 be now adopted.

7.2 Tax Rates Bylaw Adoptoin
City of Port Moody Annual Property Tax Rates Bylaw, 2015, No. 3009, being a Bylaw to establish the City of Port Moody Property Tax rates for 2015.

RC15/202
Moved, seconded and CARRIED
THAT City of Port Moody Annual Property Tax Rates Bylaw, 2015, No. 3009 be now adopted.

RC15/203
Moved, seconded and CARRIED
THAT staff provide recreation programs at Moray Place Housing Complex in July and August 2015 in partnership with Metro Vancouver Housing Corporation and SHARE Society as recommended in the report dated April 24, 2015 from Community Services regarding running a pilot recreation program at the Moray Place Housing Complex;
AND THAT staff report back to the Parks & Recreation Commission in the fall of 2015 on the results of the pilot project.

RC15/205
Moved and seconded
WHEREAS Council Procedure Bylaw No. 2988 (2014), Schedule D provides the legal guidelines for procedures for Council to follow in conducting its business;
AND WHEREAS Council Procedure Bylaw No. 2988 (2014), Section 14 is not entirely clear regarding the level of formality to be followed at meetings of Council and in reports of Council;
AND WHEREAS Council Procedure Bylaw No. 2988 (2014), Section 6 and Section 17 do not provide clarity on the specific process by which members of Council may submit items and reports for Council meetings;
THEREFORE BE IT RESOLVED THAT the City of Port Moody, Council Procedure Bylaw No. 2988, 2014 be amended as follows:
a) Section 14, Conduct and Debate to be amended to include reference to the need for Council members to adhere to the Code of Conduct for Elected Officials (Corporate Policy 7- 2510); and
b) Section 14, Conduct and Debate to be amended to note that the manner in which elected officials are addressed is to be followed at formal Council meetings and in all formal written communications; and
c) Section 6, Agenda and Section 17(a), Addition of Agenda Items by Councillors, be amended to provide clarity on the specific process for the submission of agenda items for inclusion on a Council agenda; and,
d) Section 17, Addition of Agenda Items by Councillors, be amended to include a request of Council members to share in advance, where possible, wording of motions that they will be bringing up at Council meetings, as amendments or as motions arising.

The question on section a) of the last clause was put to a vote; the motion was CARRIED.
The question on section b) of the last clause was put to a vote; the motion was CARRIED.
(Voting Against: Councillors Glumac and Vagramov)
The question on sections c) and d) of the last clause was put to a vote; the motion was CARRIED.

RC15/206
Moved and seconded
THAT the following definitions be added in section 1 of schedule A of Council Procedure Bylaw No. 2988:
"non-jurisdictional motion" means a motion that attempts to directly amend a law or bylaw that Council has no legal authority to amend. Advocating or lobbying for the change of such a law is considered jurisdictional.
"untimely motion" means a motion that has already been scheduled to be considered at a specific future date.

RC15/207
Moved, seconded and CARRIED
THAT the definition of “untimely motion” be separated from the foregoing motion and referred to staff to provide further explanation.

RC15/208
Moved, seconded and DEFEATED
THAT the foregoing motion be amended by removing “Advocating or lobbying for the change of such a law is considered jurisdictional.”
(Voting Against: Councillors Glumac, Junker, Royer, and Vagramov)

The question on the main motion (RC15/206) was put to a vote; the motion was CARRIED.
(Voting Against: Councillors Dilworth and Lahti, and Mayor Clay)

Add new section 6(b): recognizing a Councillor's right to have items considered by the body of Council, agenda items (and accompanying report) added under section 17 cannot be removed by the Mayor, unless under rare circumstances as outlined in 6(c);
6(c) A notice of motion, like any motion, can be ruled out of order by the Mayor under specific circumstances outlined in Roberts Rules. If ruled out of order, the motion must be included on the following agenda (without accompanying report) to give Council the opportunity to consider the ruling within the context of a meeting. The Mayor must explain his reasoning for calling the motion out of order, referencing Roberts Rules. The ruling of out of order can then be dealt with in 3 ways:
(1) The ruling can be challenged. If the Mayor's ruling is not sustained, the motion and accompanying report must be placed on the following agenda; or
(2) The motion can be amended so that it is no longer considered out of order. The question of whether the amended motion is in order must then be put before Council. If considered in order by Council, the motion and accompanying report must be placed on the following agenda; or
(3) The motion can be withdrawn.

Section 17(d), substitute the words "at the member's discretion, may" for the word "must"
Section 18(b) be added, which clarifies: "A notice of motion implies that the motion is moved at the subsequent meeting of Council and requires a seconder at that meeting to be considered."

RC15/209
Moved, seconded and CARRIED
THAT the foregoing motion be supported in principle and referred to staff as direction for bringing forward a revised Council Procedure Bylaw for Council consideration.

RC15/210
Moved, seconded and CARRIED
THAT staff be directed to reorder the sections of the Council Procedure Bylaw for clarity and consistency.

RC15/212
Moved, seconded and CARRIED
THAT May 12, 2015 be proclaimed ME and FM Awareness Day in the City of Port Moody.

11.1 Council Verbal Reports
Councillor Royer reported on her attendance at the Lower Mainland Local Government Association (LMLGA) Conference, and noted the importance of empowering protective services in dealing with significant natural disasters.
Councillor Glumac reported on his attendance at the LMLGA Conference and noted that the City of Port Moody has significant representation at the organization. Councillor Glumac provided an update on the two motions put forward by Port Moody; both the motion Opposing the Closure of Burrard Thermal and the motion Supporting the Right to a Healthy Environment were supported and referred to the Union of British Columbia Municipalities for consideration. Councillor Glumac also provided information on other motions for considerations, including the regulation of marihuana dispensaries by local governments and the conducting of health impact assessments.
Councillor Vagramov reported on his attendance at the LMLGA Conference, and noted that he appreciated meeting representatives from other municipalities and looks forward to serving on the LMLGA executive as a newly appointed director.
Councillor Dilworth acknowledged the success of the Fingerling Festival, noting that the event has grown significantly and is now a major environmental trade fair attended by thousands of people, many of whom are from outside of Port Moody. Councillor Dilworth also acknowledged Port Moody firefighters for their efforts in fighting the recent fire at the Mill and Timber site, and noted that she was pleased to see them recognized by Flavelle Sawmill.
Councillor Lahti expressed concerns about the depression on Highview Place and sought assurance that appropriate information is communicated to residents in the area.
Councillor Junker reported on her attendance at the Tri-Cities Youth REACH Awards and remarked upon the accomplishments of youth in the community. Councillor Junker also recognized Corina Lefebvre and Jim LaCroix for their support of youth initiatives.
Mayor Clay reported on his attendance at the Emergency Measures Policy and Planning Committee meeting, and noted that staff are working on emergency preparedness plans targeted at residents.
Mayor Clay noted, in response to a Facebook query, that the City provides Emergency Social Services as part of Community Services.
Mayor Clay also congratulated Port Moody Fire Rescue on hosting a successful Emergency Preparedness Awareness Event attended by over one hundred people.

• Joint Family Court & Youth Justice Committee Minutes- March 26, 2015
• Arts and Culture Committee Minutes- April 2, 2015
• Finance Committee Minutes- April 7, 2015
• Heritage Commission Minutes- April 9, 2015
• Finance Committee Minutes- April 21, 2015

The following resolutions were released at the Closed Meeting of Council held on April 28, 2015:

CC14/008
THAT Council authorize staff to negotiate an agreement with Shaw Communications to allow the placement of Shaw Wi-Fi equipment on City property and assets as described in the January 13, 2014, Engineering and Parks Services report on the Shaw Communications Request to Place Wi-Fi Transmitters on City-owned Property;
AND THAT Council direct staff to consult with the Port Moody Library Board for the potential placement of Shaw Communications Wi-Fi equipment within the Port Moody Library;
AND THAT staff report back to Council with a draft Wi-Fi agreement and seek Council approval for execution of the agreement;
AND THAT staff negotiate for full public Wi-Fi access for everyone in Port Moody rather than for cash contributions.

Draft Agreement with Shaw Communications - Request to Place Wi-Fi Transmitters on Cityowned Property
(April 15, 2014)

CC14/041
Moved and seconded
THAT Council authorize staff to execute the draft agreement negotiated with Shaw Communications to place Wi-Fi equipment on City-owned property, with the condition that Shaw Communications not collect personal information from the public who are not customers of Shaw Communications, as described in the Engineering and Parks Services report dated April 1, 2014, Draft Agreement with Shaw Communications- Request to Place Wi-Fi Transmitters on City-owned Property.

Moved, seconded and CARRIED
THAT this item be deferred until information is provided on the following:
Whether it would be possible to include a warning to users that their personal information would be collected for marketing purposes;
Whether there is a time limit on free usage;
and, Which of the proposed locations will be serviced.

CC14/077
THAT the report dated June 27, 2014 from Engineering and Parks Services regarding Shaw Wi-Fi Draft Agreement- Additional Information be received for information.

CC14/078
The question on the deferred motion from the Closed Council meeting of April 15, 2014 was put and CARRIED:

THAT Council authorize staff to execute the draft agreement negotiated with Shaw Communications to place Wi-Fi equipment on City-owned property, with the condition that Shaw Communications not collect personal information from the public who are not customers of Shaw Communications, as described in the Engineering and Parks Services report dated April 7, 2014, Draft Agreement with Shaw Communications- Request to Place Wi-Fi Transmitters on City-owned Property.

CC14/099
THAT Council authorize staff to execute the draft agreement negotiated with Shaw Communications to place Wi-Fi equipment on City-owned property, allowing Shaw Communications to collect personal information from the public who are not customers of Shaw Communications, as described in the Engineering and Parks Services report dated August 25, 2014, regarding Shaw Wi-Fi - Update.

13. Public Input
Dianna Brown, Port Moody, spoke about the importance of formal address and proper decorum at Council meetings, noting that she continues to expect members of Council to address one another by their formal titles, and to treat one another with utmost respect.
John Grasty, Port Moody, noted his agreement with Mrs. Brown’s comments, and noted the importance of keeping with traditions. Mr. Grasty noted that residents expect members of Council to follow all Bylaws and protocols in dealing with community issues. Mr. Grasty noted that Council should allow the City Manager to execute the strategic plan as it has been set out and rely on staff to carry out the details of the plan.