Council Report
13 December 2004

by Carolanne Reynolds, Editor
www.WestVan.org

There will be a last ccl mtg for the year Wednesday morning, so one more enewsletter before end of year.
This issue: Events/Mtgs; Updates (Noises/Odours Soln; traffic accidents/Pk Royal; more on ephemeral streams); Dec 13th Ccl Mtg Notes (serious issues in Reports toward end of mtg re treaty negotiations and potential loss of tax revenue plus nullifying OCP); Haiku; Quotation.
*
Take a few moments for wonder:
http://wires.news.com.au/special/mm/030811-hubble.htm
This is an amazing sight (and website) -- utterly beautiful.  It reminds how small we are and how short our lives -- but it is literally awesome.
*
Monday's Ccl Mtg around two hours.
A couple of items added to agenda, otherwise everything passed as recommended with few changes but some interesting discussion; see draft transcript below for details.
[Unfortunately Shaw no longer broadcasts on Tuesdays if broadcast live Monday night.]
Traffic rant at end most entertaining.
TW and Marine are incredibly frustrating now.  You may have noticed there are now WV policemen directing traffic there.  On Saturday, just after 4pm, it took us 25 minutes to get from the western edge of Park Royal to the intersection.  On Sunday, traffic was so crowded, even about 7pm when you'd think things wd have slowed down a bit, there were personnel directing traffic on both parking lots of Park Royal.  A victim of its own success?
Will it be dismissed as just Christmas rush?
Not hard to cast one's mind forward to the Olympics, not just ten times the units on Evelyn Drive or increased devt whether density above Upper Levels or in Ambleside.
*
INFO & QUESTIONS ABOUT NEW DUNDARAVE PARKING/TRAFFIC
Brent A. Dozzi, P. Eng., PTOE
Manager, Roads and Transportation, Engineering and Transportation Division
Phone: (604) 925-7157  Fax: (604) 925-5988
*
CONDOLENCES
On something even more serious, and apologies for delay.
Things come in threes, though I shdn't have waited so long to express condolences at the losses affecting West Vancouver residents.  =46irst, to Russ Fraser (whom you all know as a former provincial cabinet minister and WV councillor, now a member of the WV Police Bd) whose mother passed away after a remarkable life well over 100 years.  Our sympathy also is extended to the Harringtons, owners of WV =46lorist, at the loss of their father, who started the company, one of the oldest in WV.  Then just in the last week or so, Dr Peter Buitenhuis, retired English professor, from the western part of WV, very active in cmnty issues.


=3D=3D=3D  MAIN ITEMS WED Dec 15th Ccl Mtg 8:30am  =3D=3D=3D=3D
Tuesday, afternoon Dec 14th, agenda not yet on M website.

=3D=3D=3D  MAIN ITEMS Dec 13th were =3D=3D=3D=3D draft transcript in NOTES below =3D=3D=3D=3D=3D=3D= =3D
=3D  Minutes of Nov 29 ccl mtg; added to agenda: Care for Bears and Caspian restaurant biz licence application
=3D  Presentation of Innovation Awards for the West Vancouver Aquatic Centre and Tribute Trees Program
=3D  2004 Community Survey; MMgr report Dec 06, 2004
=3D  Proposed Canada Day 2005 Fireworks Display in WV -- for approval
=3D  Funding for Advisory Committee Disability Issues (ACDI) 2004 Workplan  ($3,267)
=3D  2005 Council Meeting Schedule
=3D  Hollyburn Ridge Cabin Transfers - #155 & #204
=3D  PUBLIC HEARING re 605 Clyde scheduled for Jan 10 Zoning Amendment Bylaw and Devt Permit
=3D  Funding Request for School Playground Improvements at Westcot Elementary ($19,140)
=3D  Building Bylaw, third reading
=3D  PUBLIC MTG Jan 17 Devt Permit, 4674 Clovelly Walk, two-lot subdiv w/ variances to site width, highest bldg face
=3D  Gordon Avenue Traffic and Streetscape Study, Mgr of Community Planning report dated Dec 02
=3D BYLAWS
  -  Zoning Amendment Bylaw, 6390 Bay - Passed
=3D ADOPTED
  -   Sign Amendment Bylaw (Signage for Victoria's Health, 1965 Marine Dr
{I think they mean 1695; I wrote, they did, and it was corrected}
  -   Land Use Contract Under Devt Area Agreement Amendment Bylaw, 4957 Marine Dr
  -   Sewer and Drainage Utility Fee Amendment Bylaw (re 2005 Fee Rates)
  -   Waterworks Regulation Amendment Bylaw (re 2005 Water Rates)
  -   Water Meter Loan Authorization Bylaw, $6.8m, rec'd approval by Inspector of Municipalities
  -   Zoning Amendment Bylaw (Upper McDonald Site, Whitby Estates) (2295 Dunlewey Place)
=3D  2005 Lower Mainland Treaty Advisory Committee Appointment
=3D  2005 Notice of the Parcel Tax Roll Review Panel; if required, Monday, April 18 at 10am
=3D  2005 Appointment of Acting Mayors
=3D  CORRESPONDENCE -- Eagleridge Bluffs presentation at Jan 10th ccl mtg
=3D  REPORTS -- see VD's comments on treaty negotiation and repercussions for Municipalities [Ms}


=3D=3D=3D  Events/Mtgs to Dec 17th  =3D=3D=3D=3D

+ MONDAY, December 13th + =3D 8:30am =3D Arts and Culture Strategy Cmte mtg at Hall

+ TUESDAY, December 14th +
=3D 5 - 7pm =3D HAC at Hall:  reports/updates from cmtes; voluntary heritage designation; primary heritage building; SFU City Program workshops; Update from Heritage Workshop Nov 15th

=3D 6:30 =3D The Annual Chamber Christmas Dinner and Silent Auction at Capilano Golf and Country Club
The reception begins at 6:30pm followed by dinner at 7:30pm. Cost is $60 per person. Seating is limited. Book by deadline Friday, December 10 at close of business, 926-6614.
The Silent Auction will include some terrific offers including a getaway to Sun Peaks Resort and a "power lunch" with MP John Reynolds, MLA Ralph Sultan, Mayor Ron Wood, and lobbyist John Moonen. There is also a gift box of unique BC products from Bountiful BC, a gift certificate from Margareta Originals Ltd, tickets to Theatre Under the Stars, and an original pottery "pavlova" plate from Jill Evison.
If you would like to contribute a table centrepiece, or any other item for the auction, please contact Kathleen Campbell at 926 6614 or email kathleen@westvanchamber.com All contributors will be acknowledged at the event and in newsletter.

=3D 7:30pm =3D Action Mtg at the Hollyburn Sailing Club in Ambleside Park (13th & Argyle) COALITION TO SAVE EAGLERIDGE BLUFFS AT HORSESHOE BAY

+ WEDNESDAY, December 15th +
=3D 8:30 - 11am =3D Special Regular Ccl Mtg [last for year!]
=3D 5:30 - 7pm =3D FAC - more Budget 2005 discussion probably?
=3D 6:30 - 8:30pm =3D Library Board in Peters Room
=3D 7:30pm =3D WV Historical Society's Annual Christmas Party at Spuraway Gardens, 235 Keith
If convenient, please bring some munchies (cheese and crackers, etc) or some goodies (cakes, cookies, etc).  Also, please don't forget to bring an item for the Food Bank.
 
+ THURSDAY, December 16th +
no Police Bd mtg this month; in camera mtg in morning


=3D=3D=3D  Dec 13th Ccl Mtg NOTES =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D

NB: this was typed during the mtg and has not been checked with tape -- This is best efforts; Readers are welcome to send in corrections, clarifications, updates, and information.
 
Presentation of Innovation Awards for the West Vancouver Aquatic Centre and Tribute Trees Program
done by staff  Josie Chuback and Doug Leavers who introduced:
Mr Tribute Tree himself, John Howe:
call from Corinne Ambor -- wonderful to get award
it was only two years ago you planted the first tree and since then we've had 44 donors
Emmott [sp?] Smith donated a tribute tree in celebration of his wife's 100th birthday and Mrs Smith is now 102.
had a request from WV School Bd for funds to purchase two handicapped tricycles, specially designed and manufactured in Denmark.  Each tricycle is $3K.  When we saw the photographs, one of our mbrs thought he cd do a better job.  He made it himself.  The Tribute Tree Program provided funds to provide two tricycles for the handicapped at the school.  Win-win.  Side benefit, a $1500 tax credit.   Funds for purchase, planting, and long time maintenance.   Win for Kiwanis too.  100% to charities on the North Shore.  Hope it will continue to benefit the people of the North Shore.
Thank you.
VD: both of these awards; proud of what we've been able to accomplish.
set a standard other cmnties can follow.
Earlier Ccl unveiled a plaque at the Aquatic Centre.
Thanks to Legion, and others, for exercise equipment; WV Cmnty =46dn for children's art
Mayor: where were these awards presented?
JChuback: in October in Halifax.
Mayor: extremely privileged and honoured to have won both of these awards.

PRESENTATION ADDED TO AGENDA  -- CARE FOR BEARS
cute presentation by kids
Sop asked about informing the province and G-J requested a staff report for WV to be a bear-smart cmnty
Motion passed
Sop then moved letter of support of chn to province.
MMgr: gist of this is Ccl concerned about way cubs being treated, and support for alternate methods.
Sop: why were five cubs shot?  They're babies!
I get worked up.

REPORTS
5.1       2004 Community Survey  =2E..[for receipt, Dec 6] from the Municipal Manager
(to be circulated in the Supplemental Package)
MMgr: in Oct Ccl received the survey and requested a staff report.
Pleased to report generally very very high ratings
those areas for improved services, we have taken action in those areas, started that process
quite hopeful see results change again in next survey
JF: dissatisfaction wrt consultation process
know those familiar very satisfied

{hm; this might benefit from further explanation.  From my observation I wd NOT say those familiar (and I'm one) are very satisfied.  Improvements have been made, no doubt, but more ought to be done and some rights removed ought to be restored.  =46urthermore, there's a difference between people/residents being consulted and being listened to.}

many people feel the initial mtgs, put on by the devpr, believe that put on by staff and bias
shd make it clear at outset no decision made yet by Ccl
MMgr: also the fact that we hadn't taken a consistent approach
expectation that public wd be informed early so can shape, rather than turning up at Ccl
taking a different approach
now meetings earlier in the process
again, will see these ratings change
Sop: wrt traffic mgmt, Sea-to-Sky, and not directed to staff, problems brewing
wrt entrance to cmnty
plans to recognize livability of this cmnty will go down if we have to spend 15 minutes to get through Taylor Way and Marine Drive
wd it be timely now to put a counter there?  ask prov to come here and talk about it?
talked about it
evident at Park Royal
sit there for a long time
not satisfactory to the livability of WV
MMgr: we participated in a joint review of possible solutions
a number were identified, the province committed to do more work and promised to come back but we haven't seen any yet
As Cclr Sop has said, we've had to put off-duty policemen at the intersection
talked to province, will notify our MLA
esp in view of Olympics
Sop: when?
MMgr: cd ask for a status report [from prov govt/dept], have them [come] in January

 5.2       Proposed Canada Day 2005 Fireworks Display in West Vancouver
Designated Presenter:  Director of Parks and Community Services
RECOMMENDED: THAT
1.         Approval be given to hold a fireworks display in conjunction with the 2005 Canada Day celebrations, contingent on receipt of adequate funds to supplement Municipal commitments.
2.         Municipal funding be provided to a maximum of $20,000 in order to cover predicted police and maintenance expenses.
3.         Payment to BC Event Management be made in the amount of $5,000 for fireworks planning and design work already complete.
KP, Dir/Parks:  DNV considering this this evening.
We have letters of support; support from Ports Canada
looks like a go if fed money can be secured
Sop: police and park costs and another $20K for a total of $45K?
KP: glancing at the budget, rev from District 20K, $5K from each of other Ms, plus xxxx
our expenses wd be $20K
Sop: in police and park costs?
KP: cd assume that; estimates, however Police still concerned about costs but they are behind it
Sop: enough to cover contingency if riot?
KP: can't imagine $3800 wd cover that
we've been working on this for several months and will more; hope prevent something like that happening
Sop: Insp Fontaine said they hadn't figured out their final numbers
is that contingency enough or obligated for more?
MMgr: Police are going to using all the police officers they can
think Insp F is just being prudent; going through planning process may need more but based on what we know now, $3800 enough

5.3       Funding for Advisory Committee Disability Issues (ACDI) 2004 Workplan
Designated Presenter:  Director of Planning, Lands & Permits
RECOMMENDED: THAT funding in the amount of $3,267 be provided to the ACDI for the 2004 Workplan.

SJN: under my signature but report from ACDI.
G-J: status quo; funding hasn't increased
JC: fourth year in a row same, to the penny
these people work extremely hard to keep budget under $10K.

5.4       North Shore Advisory Committee on Disability Issues 2005 Workplan and Budget Request Designated Presenter:  Director of Planning, Lands & Permits
RECOMMENDED: THAT
1.         The ACDI's proposed 2005 Workplan be approved; and
2.         The budget request for a one third share ($3,267) of the total budget ($9,800) be referred to the 2005 budget consideration.

SJN: like Christmas Carol, this is the budget for years to come.
It's a shared budget.

5.5       2005 Council Meeting Schedule
Designated Presenter:  Director of Administrative Services
RECOMMENDED: THAT the 2005 Council Meeting Schedule as attached to the report dated November 29, 2004 from the Director of Administrative Services, be approved.

RB: new requirement of Cmnty Charter; must publish mtg dates
Sop: before I make a motion, for Nov, shdn't circle be around 14th rather than 18th?
SSch: in an election year it changes
Sop: so there'll be one in spite of Nov 11th holiday?
SSch: Yes

5.6       Hollyburn Ridge Cabin Transfers - #155 & #204
Designated Presenter:  Director of Parks and Community Services
RECOMMENDED: THAT the non-family transfers of Cabin #155 and Cabin #204 be approved as per the Hollyburn Ridge Cabin permit to occupy, Article 9.2.

Mayor: make clear they're not owned
KP: on M property; each pays a rental fee
there are approx 110, 115 cabins in the Hollyburn Ridge area
Sop: so cabins in cabin permit area, those considered common property?  common use?
KP: no; the trails are common use
Sop: our Land Agent recommended permits issued by assignment rather than permit?
still have to come to Ccl of non-family?
KP: yes.  Permits last for five years
we're due to come back with a report re regulations and hope to do that in 2005
Sop: so can say yes or no to non-family exchange?
KP: want to encourage family use, residents of this cmnty

5.7       Zoning Amendment Bylaw and Development Permit for property at 605 Clyde Avenue Designated Presenter:  Director of Planning, Lands & Permits
RECOMMENDED: THAT
1.         Zoning Bylaw No. 2200, 1968, Amendment Bylaw No. 4409, 2004 be now introduced and read a first time in short form; and
2.         Zoning Bylaw No. 2200, 1968, Amendment Bylaw No. 4409, 2004 and Development Permit No. 04-012, both dealing with 605 Clyde Avenue, be considered at a concurrent Public Hearing and Public Meeting to be held on January 10, 2005 at 7:00 p.m. in the Municipal Hall Council Chamber.

SJN: four-storey 17-unit bldg
integrated into adjacent bldg but wd be strata-titled
{connected with Amica of WV I think}
waiting for clarification for cmnty benefit or improvement
{so are we, SJN, so are we!!!}
will be paying for undergrounding on north side; three bldgs overhead but will be dealt with as built

5.8       Request for Funding for School Playground Improvements at Westcot Elementary School  Designated Presenter:  Director of Parks and Community Services
RECOMMENDED: THAT funds be approved in the amount of $19,140 as per the municipal policy "Capital Cost Share - School Playgrounds", for supporting Westcot Elementary School playground improvements in the 2004 budget year.

KP gave background; commitment from Sch Bd that does maintenance
plans for WV include parks as well as playgrounds to be there
Tanya H [sp?]: a lot of cmnty support for this project
[more than 20 stood up]
this playground/park great addition not only to the school but to lower Brit Prop where there aren't any
some of our equipment well over 50 years old so really time for renewal
this Friday the kindergartners will choose the colours they'll play on
some will choose type of equipment
[presented with a large card THANK YOU]
JF: congratulate the Parent Advisory Ccl; done it in such an inclusive way
know it's well used, been to soccer games there
lots of use when school is not in session
Sop: kids often want to go to the park, [great thing]
[applause]

5.9       Building Bylaw No. 4400, 2004
Designated Presenter:  Director of Planning, Lands & Permits
This Bylaw received second reading at the November 29, 2004 Council Meeting.
RECOMMENDED: THAT the report from Tim O'Meara, Manager of Permits and Inspections be received for information.
RECOMMENDED: THAT "Building Bylaw No. 4400, 2004" be read a third time.

SJN: fear won't be the same reaction to this bylaw!
[gave some background and some of the new requirements, fire measures, etc]
will be looking to see if further refinements can be brought in
Sop: this bylaw cd have amendments to it, ie wrt mixed use? ventilation? requirement of devprs?
SJN: I recommend a future amendment to the bylaw
haven't found [elsewhere]
wd require ministerial approval
looking at Devt Permits, so cd avoid some problems
VD: City of Vancouver have brought in policies wrt ventilation, not just fire
through prov or charter?
SJN: through their charter
will be looking at their revisions; once WV adopts, then other Ms can
VD: so we're working diligently to bring something in or wait for something to come out of the blue
SJN: wd work diligently
VD: other Ms?
SJN: review other Ms, very few [have]
looking to see what other Ms have
GVRD discussion paper as to how one wd enforce; they do not have the means
VD: the real issue, odour enforcement may be harder, but if built into building
if can be nullified by equipment or ultraviolet rays
why is it we can't be a leader
more and more residential over commercial
wd like to see it go forward as soon as possible
MMgr: two issues here
if we wait until next year, may need ministerial permission
expeditiously looking at what we can do now wrt odour
it may be that we can say in a mixed-use, we can
trying to get this bylaw passed this year then as quickly as we can next year, but may require ministerial approval
G-J: this is one piece
the nuisance one coming?
Mayor: in January

5.10    Development Permit No. 04-018 (4674 Clovelly Walk)
Designated Presenter:  Director of Planning, Lands & Permits
RECOMMENDED:
 THAT a Public Meeting to consider Development Permit Application No. 04-018 (4674 Clovelly Walk), which would provide for a future two lot subdivision with variances to site width for both lots and a variance to highest building face for the house on proposed Lot 1 be held at 7:00 p.m. on Monday, January 17, 2005 in the Municipal Hall Council Chamber.

SJN: part of an estate; longtime resident so aware
part of problem is it's steep
some greenbelt
not multiple driveways
bldg envelopes being restricted to areas not steep
pool on one
variances requested by staff
natural instead of ROW and that's one of the reasons for the width
pulled road back
existing house site, to prevent box; rather than third-storey basement, more natural setting with pool

VD: my question is about nbrs and greenbelt
any discussion with nbrs on other side of the street wrt retaining
SJN: Bradner Homes across street, trying to keep trees
I know what opinion of residents on street; if Ccl doesn't want responsibility, covenant, up to Ccl
VD: then rest covenant?
SJN: wd look at each on merit
trees adjacent, cd hv control if road allowance
we'll be sending notice out 50m
VD: will it inform wrt trees
currently 80% of nbrs can request trees cut on M prop
SJN: this will be to protect the trees, not just trees on public land
with this owner expect wd be kept b/c of this owner
thought it wd be a plus to keep it
VD: curious as to why we wd impose this on an owner when we don't impose that on other owners
SJN: the owner wanted to ensure they remain
VD: who'd cut them down?
SJN: the next owner
another element wrt potential problems; these properties are extremely long and houses set well back
not blocking any sunlight
RD: Caulfeild is one of the most beautiful areas
don't want to mow down the trees and pave paradise
VD: as I live in Caulfeild
want trees down so sunlight and not moss
not everyone
RD: as someone who has a nbr with trees making it harder to garden do understand
still, don't want to make it too difficult
[to keep trees!] Lower Caulfeild, lovely area

{and thanks for trying, SJN!}

5.11    Gordon Avenue Traffic and Streetscape Study
Designated Presenter:  Director of Planning, Lands & Permits
RECOMMENDED: THAT The report from the Manager of Community Planning dated December 02, 2004 regarding the status of the Gordon Avenue Traffic and Streetscape Study be received.

SJN: let people know the study is underway
we'll be reporting back to Ccl
first phase is to do survey and identify issues
second is possible ways of dealing with those issues
Sop: the five birch trees, three are rotten and will come down, and all will come down for parking -- is that true?
KP: don't know
I know the trees you're talking about and will get an answer
RD: glad there will be action in this area
Gordon and 21st, take your life in your hands to turn left
hope report this spring; glad some action to deal with a bad situation.

BYLAWS

6.1       Zoning Bylaw No. 2200, 1968 Amendment Bylaw No. 4408, 2004 (6390 Bay Street) 
This Bylaw received first reading at the November 15, 2004 Council Meeting.
            The Public Hearing/Public Meeting for this item closed on December 06, 2004 and Council is not permitted to receive any further verbal or written submissions after the Hearing has closed.
Designated Presenter:  Director of Planning, Lands & Permits
RECOMMENDED: be read a second and third time.

VD: apologize I wasn't able to attend but watched it on TV and read minutes
one question I wd have asked
we're amending (p 191), residential units....shd be on the groundfloor on lane......
having sat on the Planning Cmte, against
wasn't clear how cdn't get commercial and residential use on ground floor
SJN: you'll be seeing this as part of bldg permit
PAC was concerned about the units that face onto the lane were potential single or dbl storey units, so question was cd they be rented out as residential only
intended as mixed use
ground floor wd always be some commercial use
reads take place "in conjunction"
VD: what if the owner of a groundfloor unit to the lane happened also to own a unit facing onto Royal, cd he convert his groundfloor?
SJN: there'll be a covenant that will clarify this
wasn't the intent
VD: four units fronting the lane
SJN: those on Royal front both
VD: cd you add the word 'facing' the lane
it talks about one thing then starts another sentence
SJN: for clarification that wd be fine
deal with concurrently
Mayor: how do we handle that?
SSch: motion to amend now
VD: amend: "facing the lane"
G-J: add my support, hope not the last
see support from Disabilties, Adv Cmtes, and WRA
RD: agree, well-designed bldg, good transition from Ferry area
think this bldg will enhance this area
Sop: my initial position was that the bldg was too high
I've seen this architect do something before, think in Dundarave
had a breezeway, drew you to the bldg
that pleasant ambience, somehow replicated in this bldg
this wd go a long way, I'm supporting
VD: bldg is too high; remember fight residents put up to [stop] Ferry Bldg and Ccl [supported them against]
there's an economic need to be another floor on but not good planning
this three-storey bldg out of whack with rest of bldgs in area
will vote against
certainly better than the gas station but must say it's a hell of a long way to a gas station now
RD: but Design and Residents' Assn gave it high praise
stepped back
DAC even said the bldg itself is a cmnty benefit
VD: proves I'm a free thinker
Sop: come back to their being against three storeys
maybe some will be two storeys

6.2       Sign Amendment Bylaw No. 4412, 2004 (Signage for Victoria's Health, 1965 Marine Drive)
{NOTE: I think this may be a typo in this agenda copied and pasted from the municipal website -- I think it's 1695 Marine Drive, ie TUB otherwise known as the Hollyburn Medical Centre.}
            This Bylaw received third reading at the December 06, 2004 Council Meeting.
Designated Presenter:  Director of Planning, Lands & Permits
RECOMMENDED THAT "Sign Bylaw No. 3775, 1992 Amendment Bylaw No. 4412, 2004" be adopted.

SJN: sign is unique to this corner

6.3       Land Use Contract Under Devt Area Agreement Amendment Bylaw (re 4957 Marine Drive)
This Bylaw received third reading at the December 06, 2004 Council Meeting.
Designated Presenter:  Director of Planning, Lands & Permits
RECOMMENDED: THAT "Land Use Contract Under Development Area Agreement No. 1940, Amendment Bylaw No. 4410, 2004" be adopted.
SJN: wrt internal use of the loft space in the units

6.4       Sewer and Drainage Utility Fee Bylaw No. 3749, 1992 Amendment Bylaw No. 4411, 2004 (re 2005 Sewer and Drainage Utility Fee Rates)
ADOPTED

6.5       Waterworks Regulation Bylaw No. 3859, 1994, Amendment Bylaw No. 4406, 2004 (re 2005 Water Rates)
ADOPTED

6.6       District of West Vancouver Water Meter Loan Authorization, Bylaw No. 4407, 2004 This Bylaw received third reading at the November 15, 2004 Council Meeting.
$6.850m
Sop: paid back when?
VD: loan will be through MFA, usually ten to 15 years, usually amortized fast
MMgr: the term is 15 years.
ADOPTED

6.7       Zoning Bylaw No. 2200, 1968 Amendment Bylaw No. 4399, 2004 (Upper McDonald Site, Whitby Estates) (2295 Dunlewey Place)
            The Public Hearing/Public Meeting for this application closed on December 06, 2004 and Council is not permitted to receive any further verbal or written submissions after the Hearing has closed.
This Bylaw received third reading at the December 06, 2004 Council Meeting.
Designated Presenter:  Director of Planning, Lands & Permits
RECOMMENDED: THAT .... be adopted.
RECOMMENDED: THAT Development Permit Application 04-023 for Upper McDonald Site, Whitby Estates, to regulate and impose conditions respecting the form and character of the development, the protection of the natural environment and the protection of development from hazardous conditions, be approved.

SJN: adoption by way of Devt Permit

APPOINTMENTS
7.1       2005 Lower Mainland Treaty Advisory Committee Appointment
RECOMMENDED: THAT the recommendation of Mayor R.K. Wood for the following 2005 representative appointments to the Lower Mainland Treaty Advisory Committee be endorsed:
=B7        Councillor =46erguson
=B7        Councillor Goldsmith-Jones (Alternate)
=B7        Director of Administrative Services (Staff Appointment)
=B7        Municipal Manager (Alternate Staff Appointment)
VD: possibly THE most important apptmt this Ccl will make for the coming year
lots of work we don't see
great faith in Cclr Ferguson putting forth the right view
Mayor: and I admire her patience
Sop: piles of paper; do you ever see anything?
JF: you shd see the emails! no end
we'll wait
Sop: feedback goes to Ottawa in hopes effort will bring finality?
JF: hopes by many people
reps certainly do sit at negotiating tables
part of prov; some consult more than others
tripartite agreement
fed/prov not always in agreement, then third party

7.2       2005 Notice of the Parcel Tax Roll Review Panel
RECOMMENDED: THAT
1.         If so required, the first sitting of the 2005 Parcel Tax Roll Review Panel be held on Monday, April 18, 2005 at 10:00 a.m. at the Municipal Hall;
2.         The Municipal Clerk give notice of the said Panel sitting in accordance with sections 204.2(c) and 94 of the Community Charter;
3.        Councillors Clark, Day, and Goldsmith-Jones be appointed to the Parcel Tax Roll Review Panel; and
4.        Councillors =46erguson, Soprovich, and Durman be appointed as alternates to the Parcel Tax Roll Review Panel.

7.3       2005 Appointment of Acting Mayors
RECOMMENDED: THAT Councillors be appointed as Acting Mayor for 2004/2005 as follows:
December 2004/January 2005 -- Councillor Soprovich
February/March -- Councillor Durman
April/May -- Councillor Ferguson
June/July -- Councillor Day
August/September -- Councillor Clark
October/November -- Councillor Goldsmith-Jones
December 2005 -- Councillor Soprovich

VD: are we predicting the results of the election?
[laughter]
Sop: any help for women?

8.  REPORTS FROM MAYOR AND COUNCILLORS

G-J?: unveiling of plaque today at Aquatic Centre great

VD: on Friday went to two mtgs of GVRD Board
one with all the MLAs and MPs for the Lower Mainland to discuss treaty negs and what we cd do
unfortunately only eight MLAs took up the invitation
our own MLA was there and spoke extremely well to the issue
frightening to hear MLAs speaking who knew nothing about the process; a couple who spoke knew nothing so the LMTAC chair had to take them to task
....
told we shd buck up to get involved
some didn't know
one pointed out $80K cutback for cmte
Mayor Larry Campbell had come from Saskatchewan where Indian Bands had bought freehold land and some towns 'collapsed' b/c land removed from tax roll
that land becomes out of control of the M
one mbr called it the Swiss Cheese approach
OCPs meaningless b/c don't apply
general feeling that feds had said freehold land wd not be part of process
how can a M produce a ten-year plan if it doesn't know where its borders are going to be
read these words
DANGEROUS
prov wants to bring closure, for stability but this won't b/c we won't know what our boundaries are
anyone who wants to get some idea of what's going on, see last Thursday's Nat Post; fed signed an agreement that fed govt has to consult with that Indian Band (3500 people) if treaty affects it -- and they don't for any of us!
Larry Campbell said if Ms children of the province, go back and say chn are 'annoyed'.
Cclr Marvin Hunt of Surrey, Chair of GVRD bd
one-person, one-vote
request for moral support from Delta, lawsuit against prov
everyone spoke in favour; I did on basis of equality
I had thought of immigrating to South Africa, had fought against apartheid in my country [England] and South Africa; cdn't stomach it
thought equal here
called racist but didn't comment
was an in-camera mtg of the board; have informed Ccl of that

{linguistic note: 
apartheid is often mispronounced b/c people assume it's German but it isn't, it's Afrikaans and is pronounced a-par-TATE.   Not just b/c of my degree in languages, but also b/c of having lived there, I can always tell someone who hasn't been to South Africa or who isn't as familiar as one wd expect or hope.
cultural note:
As a Canadian, on my return from South Africa I was surprised and discomfited with Canadians' righteous hypocritical attitude to the difficult sociological situation involving a huge gap between hunter/gatherers with little formal education and a 20th century modern economic and political system.  I marvelled that they cd criticise the latter's reluctance of handing over their social health and well-being to the former group, about 80% of the population mostly unready however well-intentioned, when Cdns wdn't even give self-govt to its native population that forms about 2% of the population.
Talk about walking in someone else's moccasins.
Mandela was (and still is) held in high regard.  Few objected to having him as leader.  The fear was who wd come next in case someone with less ability to lead ethically.  Indeed now South Africa has President Mbeki who does not admit there's such a thing as HIV/AIDS when it's devastating the black population.
Last night on CBC Newsworld, The Passionate Eye, had a program on Prince Harry's recent visit to Lesotho (pronounced, Le-SOO-too) where he talked about trying to continue the work his mother started with children and AIDS.  In Lesotho, one third of the children are HIV/AIDS positive.  I can't believe I heard correctly that half the girls are infected but in any case there are thousands of orphans.  Some of you may already be familiar with the misinformation some of the African men believe of not getting or curing AIDS by sex with young (virgin) girls.
Great need for education
and honesty
clearly in short supply, and not only in Africa}

JC: in contrast to Cclr Durman, there is often a good story
as you know Rotary taken care of north end of LGB; there's a fir tree there and tried to put lights up but ladder not high enough, put on bushes
I got a call and fortunately we were putting lights up in Ambleside and had three more hours on the cherrypicker -- unfortunately the lights were stolen!
called staff and we acquired more lights, incandescent so not as many
borrowed cherry picker
so you'll see lights
but sparse

g-J: special lunch [at SAC?]
thanks for inviting us

9.         OTHER ITEMS
9.1       Correspondence
[listed in previous issue, deleted here except for letters referred to]
...
9.1.4         P. Brink, December 01, 2004, regarding West Vancouver Family Place
9.1.5         C. Whittaker, October 28, 2004, regarding West Vancouver Family Place
9.1.6         G. Plant, Attorney General and Minister Responsible for Treaty Negotiations, November 24, 2004, regarding fiscal interests and compensation to local governments in treaty negotiations
...
9.1.12       E. Olson, President, Burns Bog Conservation Society, Dec 01, 2004, regarding protection of the Eagleridge Bluffs
...
9.1.25       E. Olson, President, Burns Bog Conservation Society, December 01, 2004, regarding Sea-to-Sky Highway proposal
                  Referred to Municipal Manager for consideration and response.
9.1.26       M. Cameron, President, J.P. Fell Pipe Band Society, undated, regarding appointing the Band as the Official Pipe Band of the North Shore
                  Referred to Mayor and Council for consideration and response.

RD: wrt 9.1.25 support for Eagleridge, wetlands, trail
good to see support for WV in heroic struggle to save them

G-J: wrt 9.1.26 re pipe band, forward to cmte
JF: best to Olympic Cmte
MMgr: just refer it to Mr Pike to send to right cmte

Sop: two letters re use of "Family House"
KP: working with Family Places for a number of years, they're all over Lower Mainland
at first we gave them space, hallway of cmnty centre; became more popular, then adventure house in Dundarave Park
come spring or summer we'd need it back
a number of individuals have discovered that's the deal
unfortunate, have now to find new space
new cmtny centre, space can be programmed but made it clear any dedicated space brings requirement of funding
not sure how this arose but attempting to deal with this
Sop: how many involved?
KP: not able to check before coming
but a dozen to 15 people at any time; social educational thing
excellent program
Sop: pay a fee?
KP: no; we see it as a cmnty service


ADDITION to AGENDA
Licence for Caspian restaurant at 1495 Marine
VD: what has caused this?
RB: renewal of a biz licence requires an approval process
issues have to be dealt with to satisfaction of inspection staff
Biz has appealed that

10.       PUBLIC QUESTIONS AND COMMENTS
Sheena Vennesland: I'm at the zenith of impatience!  The trigger is Evelyn Drive.  Don't live there.
Wonder why devt applications and permits get so far without definitive plans for taking care of traffic   Screaming need, in place not imagined for TW and Marine Dr.  How is it possible to deal with a devt without dealing with that?
Unconscionable to entertain [proposal] without knowing what we're doing wrt traffic
to approve more devt is nonsense if the prov govt is not on side
seems looking after cmnty interest
looks like, quoting Shakespeare, much ado about nothing
plans or no devt permits!
if Planning --
Another is Gordon Ave streetscape, it [traffic issues/planning] shd hv bn in place by opening
Inglewood and Jefferson ludicrous and Cclr Day alluded to it earlier -- it's dangerous, delay
I do not understand the process wrt traffic, don't understand when/how a Dir of Planning can even deal with it
Sop: getting a bit personal
Mayor: almost finished
Sheena: a previous Mayor, Lanskail, wrt towers at Taylor went ahead even when referendum failed
with some regret I do ask another look be taken at traffic and traffic forecasting
this tax base
really getting to be awful
with Sq Band and shopping centre
we think we're being sacrificed to mercantile interests
if you want to give me your thoughts
but not now
b/c I forgot my hearing aid
MMgr: Engineering is looking into this
applicants have the right to make applications
we're obligated to consider them
Ccl then judges on its merits
when Ccl sees report on Evelyn Dr in Jan, Ccl will make a decision as to whether to go forward
Sheena: understand Millennium has acquired options
any devpr who does that
he comes [to staff], [have] obligation to carry through even if objections to density proposed?
MMgr: generally, we wd point out likely issues and that they'd have to be resolved
when hearing that, devprs will make a decision on whether to go through
some, b/c costs millions of dollars, don't continue if slim chance
Mayor: give a copy of those notes to the Clerk
Sheena: some scribbles
don't give them to Mr Nicholls
[jocularly] don't want a poison letter!

Mayor: will have a brief mtg Wednesday morning to close the year
wish everyone a [merry] Christmas...
have a great time!

Mtg ended just after 9pm


=3D=3D=3D  UPDATES  =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D

+++ NOISES AND ODOURS CONTINUED  +++
A Reader has suggested the new bylaw be abandoned and a different one drafted.
The Canadian common law provides a remedy if a person unreasonably interferes with another's use and enjoyment of their property. This interference is called a Private Nuisance. The usual remedy is an injunction which requires the interference to stop. =46ailure to comply with a court order has severe consequences . The Law of Nuisance has evolved over hundreds of years.
There are many cases dealing with what is or is not unreasonable use. This is a complex area requiring an impartial independent adjudication of often conflicting testimony. A Judge, not a bylaw officer, is better equipped to fulfill this task.
{A new bylaw could] require, as a condition of obtaining a building permit, that all new mixed use developments have in place systems and construction techniques as specified in the bylaw to restrict noises,
odours and vibration to a defined level so that the occupants of both the commercial portion and the residential portion are protected.
Two websites describing Private Nuisance are :
www.raceandcompany.com/resources/privatenuisance.htm
www.duhaime.org/Tort/nuis.aspx.

+++ TRAFFIC ACCIDENTS ++++++++++++++++++++++++++++

Elizabeth James <cagebc@yahoo.com> wrote:
 
13 December 2004
 
Dear Mayor Wood and Members of Council:
 
 This message is to bring to your attention four recent traffic accidents and the poor driving and/or road maintenance which have been contributing factors.
 
In a period of less than two weeks, there have been four accidents on the curve at the entrance to the Capilano RV Park. In the first incident, an early-morning Blue Bus rode up onto the concrete abutment which sits between the road and Cap-RV.  The roads were a little slick but had been well-salted, which should have given drivers a clue to slow down even more than required at that corner. The next two accidents were private vehicles who also 'decided' to ride the rail. The accident yesterday afternoon involved a white mini-van head on to a smaller private vehicle. Not quite sure how that happened because the van was on the wrong side of the road, pointed eastward yet was not wishing to turn into Cap-RV. Duh!
 
Following, from many years of observation, is a list of the contributing factors:

All of this is only part of the problem. TransLink, environmentalists and anti-car lobbyists ask us to get out of our cars to walk and/or ride bikes. Yet on Welch Street, on the West Van side of Capilano Road, there is no cycle path, there are no sidewalks, the edge of the road is chewed away and diligent public works employees keep filling potholes [known by my tires as cutholes] only to have the filling fall out a week later. Thank goodness they're not dentists. When it rains, whatever drains may exist become plugged with debris and the road floods, often from side to side. The road is barely lit, and driveways into the Squamish Lands are hidden. Vehicles - often with four lights or blinding blue lights - coming at you obliterate one's view of cyclists who weave in and out of the lane to avoid the bumpy chewed edges of the road.

In the past, when I've commented to others about the poor state of the road, I've been given the reply, "It's Squamish land, so I guess they don't maintain it."  Even if that is true, the huge volume of traffic that now travels through to Park Royal, Taylor Way or other West Vancouver destinations must be 99% non-Squamish, so I believe it should be a municipal responsibility to maintain these roads.
I've tried to keep this email light in tone, which may disguise the degree of my concern - so here's where I get serious. The driving behaviour of most who travel that road is nothing short of appalling. I could tell you tale after sorry tale. Road signs are to be ignored and pedestrians are little more than pawns in a video game - there to be swerved around and taunted to jump out of the way. Preventive road maintenance doesn't happen very often and it seems we have all the money in the world for police, ambulance, firetrucks, ICBC, and the healthcare system to deal with the aftermath but little, if anything, to spend on prevention.
It would be much appreciated if Council could ask appropriate members of staff to contact your police traffic detail for copies of their reports and to investigate what can be done to (a) make people slow down; (b) to improve traffic markings on the curve and along the sidewalk boundaries; (c) to provide well-lit cycle paths and sidewalks along Welch Street [likely will need to include the District of North Vancouver]; (d) to relocate and relight the existing lamp standard on the bridge over the Capilano River and (e) to consider what could be done to build a second sidewalk on the Cap-RV side of the bridge.

In closing, I realize that Cclr. Soprovich and other members of Council anticipated problems would arise from the expanded S. Park Royal retail businesses. It has taken only a couple of months for those problems to rear their heads. North Shore taxpayers - all of them - need to contribute to the costs of the solutions. =46urthermore, the Squamish should be brought into the discussion, if we are to find mutually-acceptable solutions to what are becoming very serious problems indeed. As for what will happen the Squamish go ahead with the rumoured high-rise developments, one can only imagine.
If staff would find it helpful, I would be more than willing to attend the site with them to demonstrate the hazards in person.
Thank you for your attention.
Sincerely,
Liz James
[604] 988-2066
[604] 987-3313 - Weekdays 9-5-ish

+  STREAMKEEPERS -- EPHEMERAL STREAMS ++++++++++++++++

NOTES from DFO;

...  a few minutes ... to respond. I hope any included on the e-mail list, will feel free to offer any comments, about value of ephemeral streams as well, or direct you to further material, as it is an important subject. And I'm glad that a variety or the public, including apparently, elected West Vancouver Officials, are concerned about their value and protection, especially involving steep slope development; but in other landscapes too.

Ephemeral streams:

 - still carry valuable and essential nutrients, and various aquatic foods, down into aquatic habitats, where many aquatic and near-aquatic terrestrial creatures benefit from them. Such creatures might include fish, reptiles, amphibians, birds, and small animals such as minks, raccoons, and so on - that often frequent aquatic habitats

 - carry and transport valuable gravels, which, are essential for fish spawning, and healthy percolating water (and friction moderating water flow speed more manageably), creating a streambed substrate with much more ecological diversity and productivity (silt and mud suffocate and discourage life and productivity for example) -- and this essential gravel availability and transport, can't come from anywhere else in a watershed. Dams block such essential gravel transport too.

- are a safety valve (nature's safety valve) during periods of excessive high water events - snow melt, heavy rainfall, overflowing wetlands, ponds, and lakes etc.; heavy run-off from nearby impervious surfaces, and so on. These ephemeral streams, help contain and better organise the excessive water, into more manageable channels, providing safe storage and transport of heavy precipitation. This in turn, greatly reduces the likelihood of flooding, landslides, serious erosion, mudslides, excessive siltation, and dangerous debris torrents.

- have their own unique ecosystems, and various aquatic and terrestrial creatures inhabiting them - specific ecosystems, specific to each ephemeral stream

- are often used by rearing salmonids and other fish; and by amphibians, reptiles and so on - during critical emergent growth periods, where they can find food, space, protection, and usable habitats, allowing them to reach good safe sizes, before drier drought periods take over

- can sometimes retain water a little longer, and bleed that water back into the more productive aquatic habitats, to ease and minimize the impacts of drier drought conditions

- provide "greenways" corridors, and safe migration routes for various wildlife - deers, bears, etc. - keeping them away from roads and a lot of human interaction, which can sometimes otherwise, cause problems, if this wildlife, no longer has such safe migration corridors

- without the presence of ephemeral stream channels - the risk of serious flooding, erosion, mud and landslides, debris torrents, and so on, greatly increases - and this is especially true in steeper gradient, high elevation areas and in floodplains. Water has to flow somewhere, the more water, the greater and more powerful the energy created, and the greater the critical need, for ephemeral streams to dissipate, control, and manage this build-up of powerful energy - otherwise - it will break out, and release all that power and energy, in a potentially destructive fashion. And of course, if the heavy precipitation event takes place in an area that has received a lot of land clearing - thus, little or no vegetative cover to help stabilise the earth, and retain water; especially in combination with increased presence of impervious land surfaces (asphalt, roads, concrete, even lawns) - the force of the water can increase by a factor of more than 100%, depending upon amount of land cleared.

...Although, off the top of my head, and general common sense knowledge, all what I've said, exists in good up to date "Science" I have some literature, I could copy and mail out, but it might take a few weeks. Again - if any of the experts (and I'm not an expert) copied on this List, would like to offer you some further benefits and characteristics of ephemeral streams, and/or, literature of such - I hope they might have time to do so. Please advise at a later date - if you require further assistance - thanks --------

{Any questions about this, pls contact WV Streamkeepers (a transcript of the President's verbal presentation at Ccl was in last issue) at 604 628 1123 or call WVM office at 926 8649 (I'm on WVS Board) or leave msg on 922 4400 -- better still try to get confirmation from WVCcl and staff that ephemeral streams will be accorded the importance and care they deserve.  The mudslide last week was a reminder also of the importance of tree retention and precipitation retention.}

=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D

+++  HAIKU  ++++++

2004 November 23/24


        dark fall night abed
                awake, listening
                        to the timpani of rain


then as fall floods into Vancouver's early winter --

2004 December 8/9


        maritime monsoon ~~
                coast drenched and dripping
                                trees drink deeply and droop green


+++  QUOTATION  ++++++

Being rich is having money; being wealthy is having time.
                                -- Stephen Swid, executive