REGULAR MEETING OF THE COUNCIL OF THE VILLAGE OF LIONS BAY HELD ON MONDAY, SEPTEMBER 12 TH, 2011 at 7:00 PM IN THE COUNCIL CHAMBERS, 400 CENTRE ROAD, LIONS BAY MINUTES Present: Regrets: Mayor Brenda Broughton Councillor Peach Akerhielm Councillor Joanne Ronsley Councillor Ruth Simons Councillor Gordon Taylor Treasurer Anne-Marie Koiner Public Works Manager Partridge Office Coordinator Alex Hejduk Accounting Clerk Hayley Cook (recording) Village Manager Mandryk 1. Call to Order Mayor Broughton called the Regular Council Meeting of September 12, 2011 at 7:00 pm. 2. Approval of Agenda Resolved that: Council approve the Agenda of Regular Council Meeting of September 12, 2011, with the following changes: 7B Electric Fencing for Chicken Coops move to next meeting Add 7C BearSmart Status Add 7 D Bus Shelter Location 12A Freighter Navigation Lane Speed in Howe Sound move to next meeting Combine items relating to Beach Park, parking and cliff jumping and move to item 6 Add 12H Infrastructure Planning Grant Defer report 8 A i)
Regular Council Meeting of September 12, 2011 Page 2 3. Public Participation Byron Montgomery Long term resident of Lions Bay; not addressed Council before but feels that the number of non-residents using the Lions Bay Beach Park is a matter of public safety and security On Sunday at 4:00pm there were 69 non-residents and 34 residents Would like the sign that says Members Only to go back up Clear and concise parking regulations needed with the Marina More enforcement needed including towing Council should take another look at the gate system that used to be in place Council should empower Bylaw Enforcement more, which should include trespassing violations People are smoking in change rooms and taking full showers, the garbage is full and kids do not feel safe Phil Bromiley Long term resident, totally agree with Byron Asked does the Village own the 2 lots that make up the Beach Park and if so, what are they zoned as? Was the zoning changed in the 80 s for insurance, can it be changed back, and if so, what should it be changed back to? Council advised that the Village does own the lots and they are zoned as community use. Village staff are to discover what the term means. Council also advised residents that if the lots are private lots and not zoned as community use, then any future Council could decide to sell the lots without public consultation. Council has full decision making in the Village regarding signage. Nicola Cadwell Lots of fallen trees at the rear of her property that have dried and not been removed Tried to contact owners of the 2 properties behind Would like the Fire Chief to look at them and assess whether they are a fire hazard Berenice LeBoutillier Asked are trucks and trailers paying the price for 1 or 2 vehicles when they buy passes School Bus and moving truck parked in free parking over the weekend Who collects the revenue from the Marina tickets? Ms. LeBoutillier was informed that the trucks and trailers pay for 2 passes, the bus and moving van paid for their parking and the revenue from the Marina passes sold is split 50/50 between the Marina and the Village. The Marina sells the passes as the Village Office is closed on Wednesdays and the weekends. Ms. LeBoutillier asked what happened to the members only sign from the Beach and also asked why the people from the camp buy their tickets from the Marina when they have to reserve their place at the camp months ahead.
Regular Council Meeting of September 12, 2011 Page 3 Council advised that the camp visitors do purchase permits from the Village Office. The sign was destroyed by storms and the current Council determined at that time not to replace it. Lisa Turpin The Lions Bay Beach Park sign has to go back up; residents didn t visit the beach until they had bought their houses Chaos down at the beach; can t see your kids No sense of security and serenity In the past residents had to have a member s card which they showed to a gate monitor before going on the beach; the gate was monitored by volunteers on a rotating schedule Do not want the same situation caused by the diving ban but if a sign was put up that said the beach is owned by the Village and that the Village does not receive financial help from anyone else; could ask people to please treat accordingly Heather Mossakowski Years ago groups of 20 or more had to ask for permits to have a BBQ at the beach; does this still apply? Organised events do require a permit, family BBQs do not. Berenice LeBoutillier Should not be excluding outsiders but must have some kind of control Wolf Kuehne Long term resident; was told that the beach was for residents and visitors only when he arrived Concerned as to why Lions Bay beaches are being chosen by people from Richmond and Burnaby On firefighters day the Marina had told a non-resident they were allowed to bring their dog onto the beach; took it away reluctantly Teenagers smoking drugs on the grass Council confirmed that there have been reports of under-age smoking in the bathrooms which was observed by Council. After asking some youths to put out their cigarettes they put them out in the children s sandbox. 4. Delegations A. Removal of High Density Trees between 251 and 257 Bayview Road Ron Williams presented a delegation for the removal of high density trees that are affecting his views. Council explained the process to proceed with the tree application and advised that a survey is helpful. The process begins when the application and fee are submitted. The school board has been approached as they are one of the stakeholders and the discussion was positively received.
Regular Council Meeting of September 12, 2011 Page 4 Mr. Williams inquired regarding the sidewalk outside the school. Public Works Manager Partridge advised that the issue is coming before Council but will not be a quick or easy fix. B. Storage of Art Display Panels Belonging to Lions Bay Arts Council Ute Phillips explained the purpose of the Arts Council and their need to have a good relationship with the Village. They would like to integrate the goals of the Arts Council with those of the Village. Ms. Phillips expressed that communication between the two groups has been constrained and they need to work together in a positive way to create solutions with a mutual benefit. The Village Office has not been able to find a solution to the storage of the 8 x 4 x ½ panels that the Arts Council has purchased for ArtScene; would like to sit down with the Office and come up with a solution together. Treasurer Koiner advised that the office has had several discussions regarding the panels but there is no room in the shed. The panels will suck up moisture if not stored in the right place. The panels are very heavy and hard to move and insurance is an issue; if the panels are unusable due to moisture is the Village then liable to replace if stored by the Office? Treasurer Koiner also advised Council that by storing the panels for the Arts Council which is not a standing or select committee, it would be setting a precedent for other groups to make the same request. Council suggested that the Arts Council sit down with staff and a member of Council to figure out a solution. 5. Adoption of Minutes A. Regular Council Meeting of July 18 th, 2011 Moved by Councillor Taylor Seconded by Councillor Ronsley Resolved that: Council approve the minutes of the Regular Council Meeting of July 18, 2011 with the following changes: Page 5, spelling correction additional not addition Page 5, 8A b strike the sentence The Village is still trying to make contact with the owner; Page 6, 8C, 1 st bullet insert TransLink before Mayors Council, spelling correction portion not potion, add a to say there are a few Page 7, underline the changes to the filming policy to highlight them, and strike the sentence The Production Company or photographer is when filming in Lions Bay is responsible for providing proper notification Page 9, spelling correction economic not economical Page 9, 1 st paragraph, last sentence should say Community Centre Task Force instead of task Page 9, 2 nd paragraph, capitalise T from task and add had previously come to Council
Regular Council Meeting of September 12, 2011 Page 5 6. Business Arising from the Minutes - none Beach Park Use and related issues. Council agreed that while they support the residents concerns, and agree that safety must not be compromised, the issue should be brought back once more research has been done. Criticism was received in the past when a similar approach to that being suggested was taken with the diving issue. Council needs to be clear on what the sign can and should say, and educate residents on the ownership status of the Beach Park. Council re-iterated that they had received a request from residents before about replacing the sign and had turned the request down. Need to be cautious about setting a precedent; there are 2 other beaches within the Village of Lions Bay. Council agreed that a public meeting would be needed; there is another point of view on the issue. Council also agreed that the issue should not until next spring to be resolved but should be dealt with before the election in November. Council agreed by consensus that Councillor Simons will chair and identify a task force and develop draft terms of reference. Names from the residents in the meeting will be collected if they are interested. 7. Unfinished Business A. Lower Lions Bay Water Main Improvement Public Works Manager Partridge advised that they are waiting for parts that will arrive on September 26, 2011; it will then take a week to complete the project. The Village will not be paying for the extra work. Council thanked the Public Works crew for their work on this project. B. Bike Rack for Lions Bay Beach Park Moved by Councillor Simons Seconded by Councillor Akerhielm Resolved that: Council recommend the Blue Imp bike posts be purchased and located as per the recommendation of the Public Works Manager.
Regular Council Meeting of September 12, 2011 Page 6 C BearSmart Status The Village of Lion Bay was awarded the BearSmart Status on Friday; there will be media coverage of the actual awarding. Council congratulated Norma Rodgers and the BearSmart volunteers for all their skill, knowledge and dedication. D. Bus Shelter Council agreed by consensus that the new Bus Shelter will be placed at the current location of the bus stop on Centre Road. 8. Reports Resolved that: Council received the reports of September 12, 2011. A. Administration i) Recommendations from Committee of the Whole Meeting of September 12 th, 2011 deferred; Committee of the Whole cancelled. ii) Village Manager s Update Report The Watermain repair on Upper Kelvin Grove complete except for the personal driveway of 145; their financial responsibility Council requested the correspondence between Village Manager Mandryk and Tomko in regards to the dispute around repaving the tennis court for the next council meeting, and asked for the name of the tennis court involved in Kelowna. Council asked that they be kept informed of all the projects; the Councillor in charge of the particular portfolio should be included in issue. Treasurer Koiner advised she will update Village Manager Mandryk on this. iii) RCMP Lions Bay Activity Report & False Alarm Report for: July and August No comments.
Regular Council Meeting of September 12, 2011 Page 7 B. Treasurer i) Treasurer s Report Invoices were sent out to residents who had not paid their dog licence fees or boat space fees; people have been paying Treasurer Koiner updated Council on properly tax payments: 45 late payers, as opposed to 49 last year $12,000 in penalties, as opposed to $17,000 last year 65 deferments up from 63; payments have to be remitted in August before this money gets received from the province. Causes cash flow issues 3 potential property tax sales were averted By July 14, 2011, 550 were paid, 57 deferred, 48 were late; 6% was outstanding Treasurer Koiner updated Council on Secondary Suites: 489 homes have no Secondary Suite, 57 said yes they have Secondary Suites, 43 are occupied, 9 are occupied by family, 34 by non-family $12,185 has been collected in surcharges. $8,000 was put into the budget for the revenue Budget discussion will begin in September. Committee of the Whole on October 3, 2011 will have senior staff presenting their items for consideration. Community Groups can present to Council on October 24, 2011. Treasurer Koiner presented Council with revenue and expenses of the year to date for review before the budget meetings. A debt capacity report was to be presented at the cancelled Committee of the Whole; will be moved to the next meeting. C. Public Works i) Public Works Department Update Public Works Manager Partridge presented a diagram and report of the water ways in the Village. Mr. Partridge advised that to provide water for drinking in the Upper Village should Magnesia fail, a pumping station is required. An engineering report would be needed to provide the best location. A flow through can be done; fire flow situation is not a concern. Public Works are currently getting quotes for an emergency back-up. If new lots were to be put in above Crystal Falls, they would have to tie in. The homes North of Magnesia Creek provide their own water from a creek. Council advised that the Village has 1 st and 2 nd licence for Magnesia Creek.
Regular Council Meeting of September 12, 2011 Page 8 D. Mayor and Council i) Mayor Broughton: Council Report Thanks to Martin Berneburg for outstanding leadership in a very successful firefighters day; $12,000 was raised The number one issue for people in the Lower Mainland is farming; Vancouver City has dedicated 12 million to special initiatives John Dudley and Mayor Broughton have been chosen to present on the Centennial Trail at the Sustainable Mobility 2011 Conference. The paper is called Many hands, many years, many partners ii) Councillor Akerhielm none presented 9. s iii) Councillor Ronsley: Portfolio Report The list of Invasive species has been passed on to Public Works The Community Gardeners will be building the fence and Public Works will judge it for safety. iv) Councillor Simons: Portfolio Report Sea to sky climate action group - Concerns of the Sea to Sky Members from Lions Bay to Pemberton about the need to increase public transit The Lions Bay bus is secure On October 1, 2011 as part of ArtScene, there will be a mural on the wall of the library; need to discuss with the Village Office v) Councillor Taylor nothing to add A. for BC Hydro Re-Greening Grant Moved by Councillor Taylor Seconded by Councillor Akerhielm WHEREAS the Village of Lions Bay has the opportunity to apply for a grant which would help enhance urban open space, restore and reclaim lands to a green state green space, beautify parks and outdoor recreation areas, create habitat and support stewardship actions and diversify and enhance urban forests by the planting of trees, THEREFORE BE IT RESOLVED that the Council of the Village of Lions Bay does support the grant application for the BC Hydro Re-Greening Grant in the amount of $7000. Volunteer labour and landscape designers would be other partners.
Regular Council Meeting of September 12, 2011 Page 9 B. for Upper Kelvin Grove Water Main Repair Unbudgeted Item WHEREAS Council approved emergency water work at Upper Kelvin Grove on May 16, 2011; and WHEREAS the Village has already paid $276,629.21 to the contractors working on this emergency water work within the stated 30 day terms from out of the Village s Water Reserves; THEREFORE BE IT RESOLVED that the Council of the Village of Lions Bay does approve the amount of $276,629.21, which was paid to the contractors on this emergency water work project, to be taken out of the Village s Water Reserves. Council delayed the resolution until the next meeting and requested a breakdown of costs by stages. 10. Bylaws -none 11. Correspondence A. List of Correspondence to September 2 nd, 2011 Resolved that: Council received the list of correspondence to September 02, 2011. Correspondence #34 The West Vancouver Memorial Library will no longer be comping membership to Lions Bay children; Interlink should be looked at as an option. Correspondence #77 Smart Meters Council discussed the new Smart meters proposed by BC Hydro, of which there is a UBCM Coalition to prevent stop them. Council agreed that they did not have enough information on this and it will be brought back after the UBCM Conference. Resolved that: Council extend the meeting to 10:15pm.
Regular Council Meeting of September 12, 2011 Page 10 Residents Correspondence: #1 Firefighters Day response to be sent that policing was done on site by our Bylaw Enforcement Officer. #2 Kelvin Grove Road- Response to say thank you and that the work is in progress. #3 - Garbage bin on Lions Bay Avenue; respond that Council will look it. #4 - Tree Cutting Information will be passed on the Tree Committee #5 - Cliff Jumpers Inform the resident that police have been on site and the Village Manager will write to CN to request further policing next summer in advance of their fall 2011 budget discussions. #6 - Property Tax - Council to respond that with regret the request is denied. #7 Gran Fondo Road diversions The Village will take more responsibility next year and map it out for residents. #8 - Tree Committee to draft response - Council will send thanks to the resident for their feedback. # 9 - Transparency of Council and Conformity to the Community Charter: Council discussed the resident s suggestion that to go In Camera for a discussion regarding the Mayor goes against the Community Charter as the Mayor and Council are elected officials. Legal clarity will be sought on this issue. Resolved that: Council approves that money be dispersed on legal fees. Councillor Taylor and Akerhielm will put a package together to go to the lawyer to discover whether the decision to go In Camera went against the Community Charter. Resolved that: Council extend the meeting by 5 minutes.
Regular Council Meeting of September 12, 2011 Page 11 Resident Letters #10-16 already discussed in the meeting. 12. New Business A. Council Smart Meter Moratorium Request discussed in correspondence B. Community Plan for a Public System of Integrated Early Care and Learning move to next meeting C. Provincial Proposed Creation of the Office of the Municipal Auditor General - move D. Hall Rental move to next meeting E. Schedule of Meeting for 2012 Budget Process - dates will be emailed to Council. F. Metro Park Smoking Ban move to next meeting G. Infrastructure Planning Grant Office staff advised that the grant application has already been submitted as the deadline was at the end of July, Council support needs to be sent in for the application to be accepted. The grant is for $10,000 and is a 100% grant. Council requested that Mayor Broughton be informed of all grant applications before they are submitted as a signature from an elected official should be included. for Infrastructure Planning Grant Program Application WHEREAS the Village of Lions Bay does not have neither a Wastewater Management Plan, nor a Water Conservation Plan, nor a Community Complex Plan; and WHEREAS the provincial government has indicated that such formal infrastructure management plans are a necessary part of a community s planning; and WHEREAS the provincial government has indicated that it would be in the best interests of the Village of Lions Bay to have such infrastructure management plans; THEREFORE BE IT RESOLVED: that the Council of the Village of Lions Bay does support the grant application for the Infrastructure Planning Grant Program.
Regular Council Meeting of September 12, 2011 Page 12 Discussion: Council discussed the grant application and the need for Council to be informed of grants by staff before they get submitted. Village staff advised that there was a tight deadline and that the grant is to help the Village go for further grants; the Village has been advised that they are lacking these reports and will need them in order for future infrastructure grants to be approved. 13. Adjournment Moved by Councillor Taylor Seconded by Councillor Ronsley Resolved that: Council adjourn the Regular Council Meeting of September 12, 2011 at 10:28pm. Mayor Village Manager