Oct 13,2009 Regular Council

 
Committee of the Whole
 
Agenda                     Minutes
 
5.1  One Love Show - Games Legacy Task Force
 
Moved, seconded and CARRIED
THAT the One Love Show continue to be supported with a theatre fee waiver in 2010 and further that the event information be forwarded to the Youth Focus Committee for their support.
 
5.2 Postcard Souvenirs and Online Picture Gallery - Games Legacy Task Force
 
Moved, seconded and DEFEATED
THAT $1,000 be approved for the development of postcards and on-line picture gallery that would promote Port Moody and the Wearable Arts.
Voting Against: Mayor Trasolini, Councillors Rockwell and Clay
 
 
Regular Council Meeting
 
Agenda                 Minutes
 
 
2. Public Input
 
Peter Dasniers, Port Moody, inquired whether the Vinter option was still Council’s preference for the Murray- Clarke alignment.
 
3.1 Delegation - Share Family and Community Services Society 

Heather Scott, Director of Development, SHARE Family and Community Services Society, thanked Council for Port Moody’s participation in Christmas in July and discussed the need for support at Christmas given the significant increase in need for food bank services in the current economic climate.

3.2 Delegation - Zero Waste Vancouver
 
Helen Spiegelman, representing Zero Waste Vancouver, presented Council with Zero Waste Vancouver’s first annual “Zero Waste Award” which was presented to Acting Mayor Rockwell in June at the Zero Waste Vancouver 1st Annual General Meeting. Zero Waste Vancouver recognized Port Moody City Council, the Environmental Protection Committee, the Waste Conversion Facility Task Force and the citizens of Port Moody for their thorough review of the Plasco gasification proposal and the decision to embark on a community composting initiative instead.
 
3.3 Delegation - Chance to Choose
 
Ellen Humphries and two representatives from A Chance To Choose informed Council of an upcoming fundraising dinner and a paint-a-thon at the Port Moody Legion on October 27. They requested donations of paint rollers, brushes or other products for this event. They submitted a flyer of the paint-a-thon event which includes a list of items they hope will be donated.
 

4.2 “Officers Bylaw, 2004, No. 2585, Amendment No. 3, 2009, Bylaw No. 2819” a bylaw to establish the officer positions of the City of Port Moody and to assign the powers, duties and functions to such officers.

Moved, seconded and CARRIED
THAT Bylaw No. 2819 be now adopted.
 
4.3 2010 Permissive Tax Exemption Bylaw
 
Moved, seconded and CARRIED
THAT Bylaw No. 2812 be now read a first time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2812 be now read a second time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2812 be now read a third time.
 

4.4 Proposed Newspaper Box Bylaw 2009, Bylaw No. #2821

4.4a “Bylaw No. 2821”, a Bylaw to regulate newspaper boxes in the City of Port Moody.
 
Moved, seconded
THAT Bylaw No. 2821 be now read a first time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2821 be amended by deleting the words “A 10% refund will be applied if owed amounts are paid before the last day of the due date (as referred above) of each year” and substituting the words “A 10% penalty will be applied if owed amounts are not paid before the last day of the due date (as referred above) of each year.“.

The question on first reading as amended was put and CARRIED

Moved, seconded and CARRIED
THAT Bylaw No. 2821 be now read a second time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2821 be now read a third time.

4.4(b) “Bylaw No. 2825” a Bylaw to amend City of Port Moody Fees Bylaw No. 2340

Moved, seconded
THAT Bylaw No. 2825 be now read a first time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2825 be amended in Appendix “A” as follows:
by deleting “55.00/newspaper box” from “Fees Payable $” column and substituting “50.00/newspaper box”;
by deleting “Payment by due date – 10% refund  ($10) on $55 fee/newspaper box” from the “Particulars” column and substituting “late payment after due date – 10% of annual administration fee / newspaper box”; and
by adding to the “Fees Payable $” column  “5.00/newspaper box” for late payment.

The question on first reading as amended was put and CARRIED

Moved, seconded and CARRIED
THAT Bylaw No. 2825 be now read a second time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2825 be now read a third time.
 

4.4(c) “Bylaw No. 2826” a Bylaw to amend Bylaw No. 2298 City of Port Moody Municipal Ticket Information Utilization Bylaw, 1996, No. 2826.

Moved, seconded and CARRIED
THAT Bylaw No. 2826 be now read a first time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2826 be now read a second time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2826 be now read a third time.
 

4.5 Snow and Ice Removal From Sidewalks - Proposed Amendments to the Sidewalk & Boulevard Maintenance Bylaw No. 2426 and the Municipal Ticket Information Utilization Bylaw No. 2298

4.5(a) “City of Port Moody Sidewalk and Boulevard Maintenance Bylaw No. 2426, Amendment Bylaw No. 2827” a bylaw to improve clarity of regulations associated with the removal of snow and ice from sidewalks adjacent to private property.
 
Moved, seconded
THAT Bylaw No. 2827 be now read a first time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2827 be amended in section 2. by deleting the words “may provide snow clearing of sidewalks”  and insert “will provide snow clearing on sidewalks” and adding “within 24 hours of a snow fall”  after the words “on a priority basis”.
Voting against: Councillors Clay and Dilworth
 
The question on first reading as amended was put and CARRIED
Voting against: Councillors Clay and Dilworth
 
Moved, seconded and CARRIED
THAT Bylaw No. 2827 be now read a second time.
Voting against: Councillors Clay and Dilworth
 
Moved, seconded and CARRIED
THAT Bylaw No. 2827 be now read a third time.
Voting against: Councillors Clay and Dilworth
 
4.5(b) “Municipal Ticket Information Utilization, 1996, No. 2298, Amendment Bylaw, No. 2828” a bylaw to provide enforcement tools relative to the removal of snow and ice from sidewalks adjacent to private property.
 
Moved, seconded
THAT Bylaw No. 2828 be now read a first time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2828 be amended in Attachment A, Schedule 26, under “Fine paid within 7 days” be amended by deleting “$50.00” and substituting “$20.00”.

The question on first reading as amended was put and CARRIED

Moved, seconded and CARRIED
THAT Bylaw No. 2828 be now read a second time.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2828 be now read a third time.
 
 4.6 Notice Against Land Title That Building Regulations Have Been Contravened 
# 2 – 319 Highland Way and # 1 – 305 Afton Lane

Owner of subject properties, Ms Bella Daniels, Port Moody, outlined the history of issues related to #2 – 319 Highland Way, stating she did not obtain a permit because the Strata Corporate would not provide a permission letter to the City as they had requested.

She also spoke to the issues related to #1-305 Afton Lane noting problems with the Strata Corporation.

She concluded that she would like to obtain the necessary permits however there have been issues between the Strata Council and themselves.

Councillor Clay left the meeting at 8:30 p.m. and returned at 8:35 p.m.

George Tumpach, co-owner of the properties with Ms. Daniels, outlined additional information on the issues noting that they cannot get a permit because the Strata would not give a letter of permission then advised he has not done any work in the unit at 305 Afton Lane that would require a building permit.

The Director of Planning and Development advised that when considering issuance of a building permit, the city needs permission of the owner of the property which means that in a strata building, because the collective envelope is owned by the Strata, permission from the Strata is required. Mr. Weber also responded to questions for clarification about what elements of a building are considered common property.

Moved, seconded and CARRIED
THAT the item related to # 1-305 Afton Lane be deferred until an inspection by city staff has be made of #1-305 Afton Lane and report back to Council at the November 24, 2009 Regular Council meeting taking place at the Heritage Mountain Community Centre, 200 Panorama Place, Port Moody.

Moved, seconded and CARRIED

THAT the property at # 2 - 319 Highland Way is in contravention of the City’s Building and Plumbing Code Administrative Bylaw No. 2577;

THAT in accordance with the provisions of Section 57 of the Community Charter, the City Clerk file a Notice in the Land Title Office, New Westminster, BC with respect to the aforementioned property stating: Strata Lot 103, DL 103, DL 470, Group 1, NWD Strata Plan NW971 (PID 001-607-731) is in contravention of the City’s Building and Plumbing Code Administration Bylaw No. 2577 Section 10.1 “ No Person shall commence or permit the commencement or continuation of any construction or demolition unless a valid permit has been issued for the work by the Building Official,”;

AND THAT Council has passed a resolution relating to the subject property and that further information respecting it may be obtained at the offices of the Municipality.

 
4.7 Notice Against Land Title That Building Regulations Have Been Contravened – 27 Hickory Drive
 
Mr. Robert Mersick, 27 Hickory Drive, advised that the appropriate permits have been obtained.

Mr. Weber advised that it is his understanding that there is another structure, a deck, which was built without a permit. He further advised that the owner is working with building officials but there has been no resolution yet.

Mr. Mersick advised he is working to obtain a survey to submit to the city.

Moved, seconded and CARRIED
THAT the notice against land title that building regulations have been contravened at 27 Hickory Drive be deferred to the November 24, 2009 Regular Council meeting to be held at the Heritage Mountain Community Centre, 200 Panorama Place, Port Moody.
 
4.8 Regional Growth Strategy for Metro Vancouver
 
Mr. Carline, CAO, Metro Vancouver, provided a presentation updating the Regional Growth Strategy. He noted the challenges of balancing regional interests and local contexts. In this plan, the objective is to find a way where both the regional level and local municipalities can work together on balancing interests. He also presented governance issues related to changes in process that recognize local interests and which parties must agree to major or minor amendments and whether they should require unanimous consent or a weighted vote at the Board.

He responded to issues that had previously been raised by Port Moody and noted the significant changes made to the plan.

During the above presentation, Councillor Dilworth left the meeting at 8:50 p.m. and returned at 8:53 p.m.
 
5.1 Access to Agresso by Council Members (Deferred from September 8, 2009)
 
Moved, seconded and CARRIED
WHEREAS it is important that Council receive timely information to make prudent policy decisions;

AND WHEREAS to minimize staff time and allow individual Councillors the flexibility to gather information at their convenience;

BE IT THEREFORE RESOLVED THAT Councillors, upon request, be trained to access the Agresso financial system to access the first level of access outlined in the report from Corporate Services Department dated September 2, 2009.

Voting against: Councillors Elliott, Rockwell
 
6.1 Police Board 2010 Five Year Capital and Operating Budget Presentation
 
Mr. Simons, representing the Police Board, introduced Police Board members present in the audience and presented the 2010 proposed Police Department budget.

Councillor Rockwell left the meeting at 9:38 p.m. and returned at 9:40 p.m. during the presentation.

Councillor Elliott left the meeting at 9:49 p.m.

Moved, seconded and CARRIED

THAT the Police Board 2010 Five Year Capital and Operating budget be referred to the Finance Committee for deliberation.

Councillor Elliott returned to the meeting at 9:51 p.m.
 
6.2 Business License Fee on Residential Property Rentals
 
Moved, seconded and DEFEATED
THAT Council direct staff to draft amendments to the Fees Bylaw to require a licensing fee for the rental of residential properties consistent with the fee for a secondary suite.

AND THAT staff be directed to proceed with a program to license residential rental properties for 2010.

Voting against: Mayor Trasolini, Councillors Clay and Nuttall

Moved, seconded and CARRIED
THAT the meeting continue beyond 10:00 p.m.

6.3 Draft Revised Terms of Reference – Transportation Committee

Moved, seconded and CARRIED
THAT the revised Terms of Reference for the Transportation Committee be approved.
Voting against: Councillor Clay
 

6.4 LMTAC Request for Support Re: Provincial Funding to LMTAC

Moved, seconded and CARRIED
THAT Port Moody write to the appropriate minister requesting that the ministry fulfill the commitment that LMTAC would receive a $40,000 grant for the 2009/10 fiscal year.

6.5 Proclamation Request – Foster Family MonthOctober, 2009

Moved, seconded and CARRIED
THAT October 2009 be proclaimed Foster Family Month.

6.6 Leave of Absence

Moved, seconded and CARRIED
THAT the letter from Councillor Dilworth dated October 8, 2009 advising she will be taking leave of absence until after the November 9th federal by-election, be received for information.

7.1 Resolutions from Committee of the Whole Meeting

Moved, seconded and CARRIED
THAT the resolutions of the Committee of the Whole meeting of October 13, 2009 be endorsed as above

7.2 Recommendations from Finance Committee

Moved, seconded and CARRIED
THAT the following resolutions of the Finance Committee meeting of September 29, 2009 be approved as follows:

That the Grant Request – Port Moody Sting U13 Girls Gold Soccer Team be received.

That $13,768 be transferred from MRN Operating & Maintenance Reserve to fund the primary and pedestrian head LED replacements for 2009.

10. Public Input
 
-none