WVM2006-35
Ccl NOTES Nov 27
PUBLIC HEARING Dec 4
Calendar to Dec 15th

by Carolanne Reynolds, Editor
www.WestVan.org

LATE-BREAKING NEWS: CBC has just announced WV Police Chief Scott Armstrong will step down in January.
How well DWV staff are holding up with one emergency after another!  Our heartfelt thanks!
Congratulations to Stephane Dion, the new leader of the federal Liberal party.
Let the games begin!  Come to think of it, whether Liberals or Conservatives win, we'll have a Steve for PM!
***  THIS ISSUE:
=  PUBLIC HEARING DEC 4th at KAY MEEK CTR 7pm re EVELYN DRIVE REZONING (see end)
NB: once the PH starts you are not allowed to speak to a member of Ccl outside of the PH; and not at all even at a ccl mtg after it is closed.
=  gRUMBLEs (Ev Dr; Email); UPDATES (Prov, WV websites, Opera, Theatre, Belly-Robbing, Trees); Calendar to Dec 15th; Nov 27th Ccl NOTES (Fiscal Task Force; Base Budget 2007; Eagle Lake Filtration $$$); Nov 6 and 14 Minutes (eg Ev Dr, minutes pretty well useless b/c says X commented on Y -- so no info, no idea if person supported or didn't or provided more to consider); Group Daycare Report; decision re resident letters on website deferred; Correspondence (no links; NOTE: Bd of Variance minutes in this section so also not accessible) mostly Clovelly-Caulfeild nbrhd but who knows what the residents thought/wrote b/c no link!; Public Hearing Agenda with INFObits (EV DR: Uplift and Cmnty Benefits -- your choices! -- speak at PH!); Haiku; Quotation

=== gRUMBLES ===
WRT last issue's gRUMBLE about the lot being sold to Millennium as part of the Ev Dr devt: yes, it was part of the previous bylaws too; with the rise in real estate prices Millennium is paying more.
As for the Evelyn Drive area itself, it looks as if it will be Option C as the bylaws propose even though many have told me they'd prefer something between B and C -- it's really hard to change Council's mind when they've asked for and accepted proposed bylaws
HOWEVER
where residents DO have a say and CAN MAKE A DIFFERENCE wrt the Cmnty Benefits.  Examine the uplift calculations (appended to Dec 4th Agenda), then from there look at what staff suggests our cmnty gets in return for giving this substantial increase in value.  Staff lists the benefits (appended to Dec 4th Agenda) and this is where you, the residents, can make Ccl aware of your preferences: these benefits, more amenities, different benefits, more case (and what for), etc.
TELL CCL WHAT YOU WANT MONDAY NIGHT Dec 4th at 7pm at the Kay Meek Ctr at the Public Hearing.
=
COMPUTER PROBLEMS:  Well, hope you all have recovered from our windstorms and snowstorms, lack of power, etc.  Your Editor has many problems and challenges to deal with over the month or so, from G's car accident (car totalled), to moving offices before new office ready (we're still not entirely moved in, but it's one of our satellite offices so all our addresses of record remain) and losing power both at the office as well as at home (two days!).  This has resulted in not being able to access the Internet for a while, losing some email. and minor changes (see Updates re websites).
Then this past weekend a DOS attack resulted in no email for a while but it's been sorted out now.   If ever you get a bounce, try again; if any problems, pls do call 922 4400.

===  UPDATES  ====
=A7  PROVINCE/SULTANWATCH
Read MLA Ralph Sultan's newsletter -- www.ralphsultan.com -- find out about his fifth grandchild, first grandson, the eagles' nest outside his home, and other news about our prov govt and its plans.
=A7  WEBWATCH
To read past issues of West Van Matters, visit www.westvan.org
To write to the Editor of WVM, editorWVM@westvan.org
To learn about other groups, just go to www.westvan.org for:
       -> www.heritage.westvan.org (formerly www.northshore.heritagebc.org, write to heritage@westvan.org); 2007 Heritage Award Nomination forms now available.
       -> www.streamkeepers.westvan.org (write to streamkeepers@westvan.org)
       -> www.shoreline.westvan.org
       -> www.library.westvan.org
       -> www.chamber.westvan.org
       -> www.agenda.westvan.org (for the WV Ccl Mtg agenda)
=A7    OPERAWATCH
=  Verdi's Macbeth at the QE is three hours packed with the drama of Shakespeare, striking sets, the soaring voice of soprano Jane Eaglen as well as the stirring bass-baritone of Greer Grimsley, the bass Burak Bilgili, and the tenor John Bellemer.  Our own West Van Florist is sponsor for the Dec 2 performance.
=  Also, did you know?  We have an opera composer right in our very own midst!  Lloyd Burritt presented a peek at his work in progress, The Dream Healer, at a WV residence last weekend.  What a privilege and delight!  If interested (there will be a workshop at UBC in Oct 2007 and a performance at The Chan in March 2008), visit www.thedreamhealer.com to find out more.  On the website you can hear audio samples recorded at the KMC in June.  Take advantage of the opportunity to get involved and support this exciting artistic creation.  WV is so full of talent.
SO LUCKY TO LIVE HERE!
=A7  THEATREWATCH
The little theatre that could.  The Jericho Arts Ctr has a wide range of plays from downright amateur to polished (as was Frayn's Democracy wch will be at the QE in February -- highly recommended).  Friel's Aristocrats is on until the 10th with overtones of Chekhov re families but the sociological study as a framework is reminiscent of Tolstoy's families (unhappy each in its own way) -- the acting the night we went was flawless and we sat in the front row.  It is rare, and I take notes naturally, that pronunciation is correct but glad leisure did rhyme with pleasure (one exception: Turgenev was said with a soft G when it shd be hard).  Later, reading Dec/Jan Playboard, saw that United Players is called "The Little Company That Could".
The Jericho Arts Ctr will have the Comedy Company's Christmas Nuts (The Sequel) from Wed Dec 13 to Saturday Dec 16th.
=A7  SALMONWATCH
= Fish have returned to Eagle Creek!
= To participate in spawner surveys, report return of fish, volunteer, or join,  write to streamkeepers@westvan.org or pls call WV Streamkeepers at 628 1123.
= It was reported that some fish had been found at the mouth of a creek with the belly slashed and eggs taken, not sure if by predator or illegally by someone using as bait to fish.  If you see any fishing or habitat violations, Rob Bell-Irving of DFO advises the public can call 1 877 952 7277, or the ORR (Observe, Record, Report) line at 1 800 465 4336.  Both numbers will contact the appropriate Staff, covering any given area. But again -- it would be wrong to report any belly-robbing, until it's actually proven and verified. Unless the belly cuts are "surgically" cut, and most of belly exposed; it still could be bears ripping post-spawn adults, or even, the odd ripe salmon being pulled out by bears -- and other animals, tearing at carcasses, trying to get at eggs, etc.  With small runs and considering all the work of WV Streamkeepers to restore runs, this is a serious violation with critically damaging results for us.
=A7  TREEWATCH
Reports are that we lost about 400 trees during the windstorm and as many during the snowstorm and we don't know how many yet in the parks!

===  CALENDAR to Dec 14th  ===

Christmas Trees on sale by Scouts from Dec 1st at Clyde and Marine Drive

AT THE WV MEMORIAL LIBRARY:
In The Gallery - December 1 - 31 --  The Art of Books and Printing
What better place to appreciate the beauty of the book? This month we celebrate The Art of Books and Printing with a special exhibition of works from local book designers, binders, artists, and illustrators. Opening Reception: Dec.1, 6:30 - 8pm.

***  Festival of Lights  ***  December 2 to January 2 in = ; Dundarave Park - Beach House Rest

~  Dec 3rd and 6th ~ 7 - 8:30pm ~ Carol Ships pass by Ambleside and Dundarave.  Bonfires too.

~  Dec 4th, Christmas trees light up 4:30pm at Dundarave Pier

===  Tuesday Dec 5th
~ 3:45 - 5pm ~ Civic Youth Strategy Working Group, YAC at Srs' Activity Ctr

===  Thursday Dec 7th
~ 4 - 6pm ~  Police Board mtg at Police Station's boardroom (postponed from Nov 23)
~ 4:30 - 7:30pm ~ DAC in Ccl Chambers
~ 6:30 - 7:30pm ~ "Honour a Life" - Srs' Ctr - Tree at foot of 19th St
~ 7:30pm ~ "Gifts From the Heart"  -  Join well-known gospel singers Marcus Mosely and Gail Suderman in a concert of gospel and traditional Christmas songs. From the first song to the last shout, these gifted performers reach the unreachable with a soul stirring and uplifting message. A concert that will touch the heart and raise the roof! Tickets: $10 at Silk Purse

===  Friday Dec 8th at 8pm at the Kay Meek Ctr
Universal Gospel Choir presents "YULE"
The Universal Gospel Choir is an eighty-member non-denominational community choir based in Vancouver . This exciting ensemble sings songs of healing, praise, prayer, and peace from a wide variety of cultures. The choir is known for its passion, versatility, exciting soloists, and love of singing and performing. Its diverse and eclectic repertoire reflects African-American, African, Middle Eastern, and Aboriginal influences.
The Universal Gospel Choir's current director, Brian Tate, has conducted community choirs for many years, and is acclaimed for both his sense of musicality and his rapport with audiences.  He is an award-winning composer and arranger, his works are published and performed worldwide.
The choir's resident band features three of Vancouver's finest musicians: Diane Lines on piano, Phil Belanger on drums, and Danny Parker on bass. Diane Lines is also the resident accompanist for the choir, and sings in the tenor section.

===  Sunday Dec 10th
~ 7:30pm ~ WV Youth Band at Kay Meek Ctr
~ 7:30pm ~ The Jubilate! Chamber Choir conducted by Scott Goble and accompanied by Ya-Wen Wang will present "Joyeux Noel", a programme of French and French-Canadian Christmas Music at the WV Presbyterian Church.  Tix available at the door: $15; Srs/students $10.

===  Monday Dec 11th
~ 4pm ~ Cmnty Engagement Cmte at M Hall

===  Tuesday Dec 12th
~ noon deadline to reserve for Chamber Christmas Party on 15th.
~ 7pm ~ The Magic of Christmas at KMC.  Featuring: Danny Balkwill, Jasmine Bharucha, Lauren Bowler, Joani Bye, Monique Creber, Steve Maddock, David Steele, Edith Wallace, with The Michael Creber Band,  Vanleena Dance Academy,  The CM Singers and performers from:  Mulgrave and Collingwood Schools.  All proceeds from the show will be donated to UNICEF and the Family Services of the North Shore Christmas Bureau.  "We are proud to announce that last year's show raised more than $8,000 for our beneficiaries.  Help us surpass that goal this year! The Magic of Christmas is a production of Creber Music Corporation."
 
===  Dec 12 and 14 Winter Harp at Cap College

===  Wednesday Dec 13th
~ 7pm - 9pm ~ Library Bd mtg in Peters Room, WVML

===  Friday Dec 15th
Chamber Christmas Party
at Capilano Golf and Country Club
Your sophisticated festive evening will include a sumptuous festive buffet, a glass of white or red wine with dinner, live entertainment with dancing, and a Silent Auction with partial proceeds going to the Chamber's Capilano College scholarship. A few items will be packaged and offered "live".  Santa and Mrs. Claus are also making an appearance at this merry annual event.
Why not make this festive and elegant evening at the Capilano Golf Club your staff Christmas party?
Dress attire is elegant holiday/semi-formal/or your best business attire. If you want to dress to the nines....go right ahead....there isn't a better place or time of year to celebrate in style!
Please RSVP by Noon Tuesday, Dec 12th. Our host, Capilano Golf and Country Club, requires advance numbers for set up and food preparation. Cancellations are accepted until Noon Tuesday, Dec 12th in order to receive full credit.  Please call the office 926 6614 or email kathleen@westvanchamber.com.

>>>  EXHIBIT at GLH/WV Museum: Winston Elliott of WV - past and paintings, retrospective.

 ===&nbs= p; CMTE of the WHOLE & CCL MTG NOTES Nov 27th  ===

* CMTE of the WHOLE
1.         Approval of November 27, 2006 Committee of the Whole Agenda
REPORTS
2.         Fiscal Sustainability Task Force (File:  0115?20?FSTF1)
Mayor: thanks to cmte and Cclrs Sop, Smith, Clark; owe a debt of gratitude.
Roff Johannson, Chair
RJ: propose an overview, not a synopsis.
Presenting options; started in June
WV is not facing a fiscal crisis; if we want to keep taxation at present level, or at sustainable level [must address some things]
ppl live here love this place
the ppl who work here also live this place, pride and caring
Ccl shd be more aware of setting goals; cmnty wants to be more aware of the finances of the District
budget system of transparency
review of subsidies (not against them)
elephants not there, cd emerge; this will help face coming challenges
[introduced Task Force in Chamber to applause]
Sop: also want to express thanks, saw citizens incredible input
what steps now to make it future policy
RJ: want Ccl to be comfortable with policy
with more time wd hv bn smoother reading
now subject to more enquiries
Sop: did you see as a document to public for discussion?
RJ: hope so
user fees rooted in reality, we don't presently publicize the cost
what does it cost to provide 30 minutes of swimming time at the Aq Ctr?
at a starting point, we ought to recognize the costs, don't necessarily have to cover 100%, that's this body's choice.
We perceived a shortage of info on what costs are.
David Roach: well, if we have an hour and a half
there is an annex (B) where we discuss notion of subsidies, how to recognize them, in terms of user pay, whether an appropriate market rate, willingness to pay
became apparent fees not charged and shd be charged in our view, not covering enough to maintain for example, the fields (eg natural turf), Aq Ctr when overcrowding and can't handle the demand
drop-in fee of $5.50, at a certain point in the day a large number of users and if adjust fee might be able to shift demand to when utilization rather low
may wish to raise fees to shift ppl from drop-in basis to prepay basis
in terms of subsidies, if we're going to undertake a prog, an art colony or art studio on Argyle, how do we determine what a subsidy is?
if look at marginal cost, we wd say, diff between that and fee, capital amt and expense
District has to look at where it's spending its money; ppl willing to pay market rate
if raise fees to what they're willing to pay rather than a discount or subsidy then we cd lower the rate of taxation on the entire tax base or cd shift funds to Police or Parks where they can't charge fees
look for subsidies; find where you can raise user fees so they're paying to support those facilities
Mayor: huge things
one is transparency and the other is revenue streams
Sop: some will require a lot of study on our part, Ccl's, to make part of budget process
intensity shows us need study sessions
my concern is that this Ccl be well-briefed, sit and study this together; and that one or two of the Task Force be there to help, before going to public with it,
don't think we can get into this tonight
six or seven hours and I know Cclr Clark wants to
MS: add thx to TF; I was on two subcmtes, and as you heard tonight he's a man of v few words
want to make sure open and transparent
so public knows where spending its money, how and rationale
nothing wrong with subsidizing a prog as long as biz case, openly debated, ev understands why there
openly identify, openly transparent, there for all to see
ev citizen in WV knows where its money is spent
opportunity here
hope money well spent; challenge lies ahead
one recommendation is that some of the mbrs of the TF be on the Finance and Audit Cmte
VV: having been the only who voted against
had feared a cmte wd be afraid to get the tough answers and wd be able to obfuscate and procrastinate
want to thank, quality of ppl on the cmte and who presented to cmte; v pleased
some questions I was asking
I want to know how much per person per hour on a spreadsheet wherever (field use, etc.)
we've been on Ccl for about a year, 100 pages, what I realize now again that we have a recommendation and to forward this to another cmte
over the next two years will we get the numbers we want and need
two years left of our mandate
it's possible can do that without one answer
wd like to refer to recommendation: strike a cmte in Feb 2008 to report no later than Sept 2008
I'd like that to be changed to 2007 b/c the mandate's finished in 2008 so we can do something
Mayor: in our Cmnty Engagement cmte this afternoon we put milestones
think that's the way to drive this
JF: my thx as well
don't know if you had time for anything else! no music and muffins in the morning?
recommendations on hold
I too focused on D3, we'll need time to implement but did want to suggest no later than Sept 2008, staff's report
Ccl may not want to do ev, but public wd like to know what implemented, what changed, what not implemented -- staff cd give us a greater sense with a report
talked with the Chair and while this looks at fiscal sustainability but there's social and env'tal sustainability legs to the stool
RD: v gd report, thx
only a few months to do it; valuable; struck by how well-balanced
how important our services are to us; good, sound; sure we'll pursue it and implement where possible
Mayor: we had meeting with FT last week
{and no notice? not public b/c mtg with Ccl???}
Exec team met wrt kind of conversations
CAO: took some of the suggestions staff and cmnty had made
some major policy discussions, need support of cmnty
other recommendations we can and shd implement in 2007
way to involve the Finance and Audit cmte
ask to take a look at concurrently 2007 and 2008 and prioritize what we shd be looking at
finite resources, make sure Ccl and cmnty comfortable moving ahead with
change Tof Ref of Fin and Audit Cmte so can implement some
Sop: this is the ppl's doc; my fear is in front of cmte mbrs and three cclrs and then three cclrs another cmte; you, Mayor have not had time to see it until tonight
the way I see it, this Ccl shd meet with TF and go through it point by point so prepared to go forward
these specifics shd go to Ccl to public
let ppl dictate terms, what they want to see happen
courage of our convictions to make it policy in future
Mayor: Ccl did spend all of Wed morning, you weren't there, with all FSTF
so we do know
Sop: some recommendations more meaningful
we'll all read this, one person had to look up a word in the dictionary
Mayor: seem you're talking about process
MS: I'm a little confused.  Is Cclr Sop suggesting the three on the TF don't understand
Sop: three weren't
MS: can't we explain to the others?
Mayor: we didn't get sense of priorities
MS: reiterate, the doc is a common sense doc, a blueprint for how things shd operate in the District
prob'ly shd hv bn implemented before
one thing Mr Stuart brought up
tremendous, refreshing attitude of staff to embrace positive change
looking forward to the change
ppl ready for positive change, staff is, cmnty is looking forward to a more open and accountable way of doing business
looking forward to rolling up our sleeves for most of these recommendations
CAO: my closing comments
no questions this v helpful balancing economic, env'tal, and fiscal
work in progress, a catalyst for discussion
two on TF and on Fin and Audit Cmte that we utilize them to do work TF wd hv done had they had more time.
policy discussion with the cmnty; others operational that can be implemented fairly quickly
cost of programs can be done easily
next is draft budget; we've been waiting for this report
VV: this Sustainability TF had strength to look in all closets and found skeletons
I learned quite a lot
user fees contains the word 'fairness', we've perhaps been avoiding antagonizing some groups and wider cmnty pays
as for pay-as-you-go does mean we don't borrow to build, not that we're saving so when need replacement we have money
all these questions I and maybe public had, actually will be got at
if we do as Cclr Sop said, go through item by item, better idea and can start to implement
I am reassured all skeletons out of closet and we can deal with them
Mayor: Ccl shd exercise greater discipline
help to prioritize, keep taxes in line
difficult to do ev Monday night
CAO: re pay-as-you-go, example to get some direction
if not saving and not borrowing don't know how you're going to get these facilities
TF said clarity needed
Mayor: thank each of you bring yourselves for this and bringing us hope
on right track, hope to push, help us
Keith Pople: used part of the cold afternoon to read the report
does identify a number of issues that shd be tracked
user fees, pleased unrealistic to recover 100% of services -- use of beaches, green spaces, cultural facilities, and others
p 13, D3, think that's important; Ccl to review and report back
a couple of questions:
pp 7 and 8, charts show expenditures per capita, one PCS
chart no 1: what operating costs be?
{PCS stands for Parks and Cmnty Services Dept}
CAO: expenditure for function, may involve contribution toward capital legislated to treat differently; labour, overhead, vehicle costs
KP, Dir/Parks: planning? maintenance staff?
CAO: depends on dept
for example a major project, the actual costs for a major project
KP: p13 proper inventory of District land and assets
hope that wd include an evaluation of the inventory
wd hope that wd be included -- good information for use in the cmnty
Mayor: Goal 1 in our plan -- waterfront, Wetmore, etc
we're seeing TF and biz plan anticipated and informed one another
CAO: TF and staff worked separately though staff provided info
just finished report on assets
a lot of this work has been done
matter of looking at ways of making it easier for the taxpayer to see
KP: compliment ppl who worked on this.
JC: didn't want to interrupt Cclr Sop earlier but wd like to add my kudos and thx; is excellent; commend them for the thought
know on their minds night and day; frankly hope we wd implement this with the same speed and diligence they had putting this together
so we shd
small gaps in the report, not a recommendation, certain areas where the cmte was reluctant to make a recommendation, rightly for Ccl; think that's sound.
MOVE forwarded to Finance & Audit Cmte
Sop: implementing?
Mayor: don't understand
CAO: to Fin/Audit recommendation then to Ccl -- decide to public? timelines? intent to bring it back to Ccl asap.
Sop: no prob with the intelligence on the Cmte; spent eight months, now to new ppl
my position is that what is lost in the wash?
if these are recommendations from an indepth study, who's to say take A, or A1, etc -- where's A9, etc -- has to be a process for Ccl to choose the priorities
Mayor:  on p9, rec is to go to Fin/Aud cmte, had lots of ppl interested in TF; that is how the TF recommended these recommendations come to fruition; see a great role for the Fin/Aud cmte
Sop: don't get me wrong; no way reflecting on cmte, wd it not be better for Ccl as a whole?
CAO: some of these recommendations will take years and others may take hours and a rec brought back to Ccl
if you go into the appendices there are hundreds of recs
sometimes 12 different things about a recommendation
this is a way, to Fin/Aud, with some of the TF, a way of prioritizing
MS: not realistic to think we can implement these overnight
some quickly, many far longer, many prob'ly chasing around five years from now
in the short run, intent of motion as I understand it, take to Fin/Aud cmte to take the most relevant into the 2007 budget process, that's where we want to go
need from CAO who's going to sit on this Fin/Aud Cmte
CAO: working with the Chair of the Fin/Aud Cmte, come back with recommendations Dec 11; can't see it wd take more than one or two meetings to rec priorities for 2007 Budget
some we might engage public in the dialogue
need good understanding and where cmnty wants us to go
VV: quite intrigued by Cclr Smith's uncharacteristic patience
sympathy with Cclr Sop
an amendment that to Ccl with six months to do...
Sop: want Ccl to take next steps and with proper feedback
if we're going to be transparent and meaningful
three as Ccl aren't familiar with this, feel shd meet as Ccl with TF, look at in depth
here's format and from there out to public
don't want this to get lost or misinterpreted; sometimes these things have a way of getting lost
MS: thank Cclr V that I've developed a very well-developed, well-needed sense of patience
we're sending it to Fin/Aud to get something done asap.
JC: I agree with Cclr Sop that we shd be kept up to date
those two things can be done concurrently (while Fin/Aud cmte working on it)
Mayor: certainly Dec 11 is our next ccl mtg, we can build in that all of ccl is part of this
CAO: if Ccl desirous of completing budget by end of January, will have to get on with this.
[Then it was moved:
            1.         The Fiscal Sustainability Task Force's Report to Council be forwarded to the Finance and Audit Committee for the Committee's recommendations on 2007/2008 fiscal sustainability priorities, and
            2.         That the Terms of Reference for the Finance and Audit Committee be revised to reflect their consideration of and involvement with the implementation of the Fiscal Sustainability Task Force's recommendations.
            Appendix A -  Trends and Issues Subcommittee Report
            Appendix B -   Economics - Revenues, Expenditures, Service Levels Subcommittee Report, and Annexes
            Appendix C -  Best Practices and Benchmarking Subcommittee Report and Annexes
            Appendix D -  Other Matters
            Appendix E -  Public Responses/Info Provided to Public
            Appendix F -  Task Force - Terms of Reference
            Appendix G -  Report on Task Force Expenditures
            Appendix H -  Prior Council Reports re the Fiscal Sustainability Task Force
            Appendix I  -   Working Papers Prepared for/by the Best Practices and Economics Subcommittees
PASSED UNANIMOUSLY
8:07
3.         2007 Preliminary Draft Base Budget (File:  0860-01)
RECOMMENDED: THAT the report dated November 23 from the Director of Finance be received.
CAO: working on this in time with FT
not nec starting point; we'll continue to get more info and take to Ccl
now that we have TF recommendations, can
Sop: facts facing today, probably 4.5%, based on labour rates 2007 and CPI.
Guess this is why this report is coming through
with TF report, easier to pare this down
meeting all the demands, difficulties?
take a, b, c, look at diff way -- this is how we did in past?
CAO: in existing labour market quite hot; shifting subsidies, user fees can shift reliance on general taxation; we're responsible for less and less of the property taxation our residents have to pay
certainly in 2007, can look at and affect that bottom line
no question challenging; figures include 2006 commitments wrt Fire and Police involvement in E-Comm.
JC: before running around like chickens....see NSNews here and wdn't want to see headline of 4.5% tax increase; lots we don' t have control of
Mayor: 11 managerial procedure changes and four??? for Ccl
try to steer the ship of state in a little diff course
Sop: we cd say 4.5% tax increase is not acceptable
Mayor: you're right about that; Ccl want to reduce it responsibly
CAO: this just on our current estimates
RD: looking for ways to pare this down...
4. ADJOURNMENT
8:14
* REGULAR COUNCIL  
1.         Approval of November 27, 2006 Regular Council Agenda
adding daycare, cmte, req for deleg re NSh Spirit of 2010

Mayor: wd like to ask Mr Barth about snow removal
EB: we do need to target our efforts
no 1 is transit and emergency routes so can be emergency response
then to priority 2 wch is school access
then roads that don't serve as connections
up till today dealing with priority no 1; snow this year had to deal with something not in past, branches falling trees coming down
if there's someone in an emergency on a road not cleared, we'd clear
snowfall supposed to taper off today and sunshine tomorrow
wd caution ppl; expecting temperatures of -10 so be careful
Mayor: phones ringing off the hook...
2.  ADOPTION OF MINUTES
=B7         November 06, 2006 Regular Council Meeting Minutes; and
=B7         November 14, 2006 Regular Council Meeting Minutes.
{more on the Ev Dr mtg (Nov 14) minutes wch had NONE of the comments made by speakers, just that they 'commented on' aspects}
Mayor: one addition: p207 of package -- Item 8: important to list City of Vancouver participated in mtg
8:19
3.  NOVEMBER 27, 2006 COMMITTEE OF THE WHOLE MEETING
RECOMMENDED: THAT the recommendations from the Nov 27 Committee of the Whole meeting be ratified.
REPORTS
4.         Eagle Lake Membrane Filtration Facility Contract Execution (File:  1815?35)
RECOMMENDED: THAT authorization be given for the District to execute an agreement for construction of the Eagle Lake Membrane Filtration Facility with Nason Contracting Group Ltd.
EB, Dir/Engg: staff hv bn working on this for some time
the cornerstone of our plan to utilize that lake
deliver water; need for current standards
medical health officer on understanding we're proceeding on this -- he planned to be here but unable to so I'll read: essential move forward so that WV residents will be receiving water as free from bacterial,  etc as possible
we're proceeding in step with GVRD, understanding having something to go in 2008
non-compliance struggling with what's going on when we rejected tenders, wanted to be sure getting value for money.  If we were to spend $16M we'd still be getting benefit, trying to get something so we can go ahead and will be affordable.  Innovative partnership, taking some of the risks to keep costs down, change to design (were trying for LEED now to prefabricated bldg).  One of the way reducing costs, removing some work and doing with District staff (even with cmnty ctr).  This contract in order of $10M.  Had looked at taking out standby generator $300K for pH adjustment and $200K for generator.  With windstorm generator really important.
works well with water model
originally looking at staging this, now do maximum of treated water
JC: what effect will this have on turbidity?
EB: fortunate in that our water source been able to continue to deliver but just luck; this plant eliminates that
MS: $10M is that fixed price?
EB: yes
MS: you feel $200K [contingency] on a $15.5M project is enough?
EB: part of reason comfortable b/c some being done by staff
been working almost as a partnership so much higher level of comfort
shd that $200K challenged we still have the option of pulling out some options rather than asking for more money
Sop: blasting in July $550K and Xenon $3.5M?
you're seeking $11.5m and that was part?
EB: contract with Nason--
Sop: grant of $3M why not include?
EB: perhaps better to say cost to District is $12.5
Sop: $15.5, the $15.97 excluding the grant so down to $12m so is that what we're approving
EB: yes, cost directly to Dist is $15M minus 3M so $12.5M
actually what the biz case said we cd spend without the grant
doesn't mean that's affordable so trying to keep down
Sop: so is price fixed with construction?
EB: upset price, so $9.985M
Sop: so what are you asking for tonight? that and up to $12.5
EB: looking for approval to go into contract $9.985; really thought Ccl shd see full price
Sop: why doesn't it state that?  $9.985M then you want permission for rest
want to know why
CAO: bids came in high; telling you cost
biz case points out we cd spend a lot more
normally the Dir/Engg wd have right to go into more contracts
saying this is the big one, can go forward
Sop: so you're asking us to approve $15.5M and ~10M with Nason; presume you'll reduce that $3M somewhere
CAO: asking you to approve entering into contract with Nason
Sop: difficult thing; costs going up
believe we shd do it all at once; doesn't spell out the cost to Nason; then says grant not here
Mayor: so add to motion $9.985M
EB: but pH and generator also in $10.040M
Sop: so that's what you're asking for
Mayor: want that flexibility to reduce if we can
JC: motion $10.040m
MS: don't think it's a proper motion, includes generator that Mr Barth says he might take out
Mr Barth just wants $9.985M
Sop: what we're doing
Mayor: What wd Mr Barth prefer?
EB: as in report
JC: I will remove $10.040M
Sop: you leaving out the pH and generator for fear contingency not high enough so flexibility but in reality they're extremely important to this cmnty
have been complaints of watertanks blowing out b/c of acidity and in our pipes
why not lay it on line, ask for proper amt of money?
CAO: not suggesting we're going to leave it out, just flexibility
Sop: --
EB: not that we don't desire to do it, just shd we run into problems
cautious, trying to build a bit of room
don't want to keep coming to ccl increasing prices
rather than project creep trying to manage that
Mayor: how to handle motion
SSch, MClk: if mover withdraws motions and new seconder
JC: can't I remove the five words?
MClk: has a seconder
Sop: I can too?
Mayor: mover withdraws, for original motion
Sop: it's not that I don't want this project to go ahead; know probs, dramatic increase in costs
let's put it all out there
[JC then made original motion]
Sop: going to put a price?
Mayor: no
CARRIED
8:40
5.         Group Daycare Report (File:  1605?08)
Additional Information for consideration: 
            (a)       Petition with 72 signatures, undated, regarding Evergreen Daycare at 707 Anderson Cr and Proposed Daycare at 712 Anderson Cr
            (b)       D. Cardwell, October 16, 2006, regarding [same]
            (c)       A. Wu, P. Wu & A. Wu, October 16, 2006, regarding [same]
            (d)       D. Foote, November 20, 2006 regarding proposed group daycares in residential neighbourhoods in general and at 2879 Marine Drive

{and you can click on these letters to read them on the website!!!}

RECOMMENDED: THAT
            1.         The Director of Planning, Lands and Permits be instructed to commence the preparation of a zoning amendment bylaw that would enact regulations for Group Daycare facilities in single and two family residential zones on the following basis:
*     Reduce the maximum number of children permitted in each Group Daycare to 15 (currently 20);
*     Require the applicant to reside in the dwelling unit where the Group Daycare is being operated;
*     Require the minimum distance between any two daycares to be 1,500 feet radius; and
*     Require staff and visitor parking and drop off areas to be onsite.
AND
2.        The Manager of Bylaw and Licencing [sic] Services be instructed to withhold receipt of any Group Daycare applications and report the same to Council in accordance with the Local Government Act pending the consideration of the above zoning bylaw amendments by Council.

Lady: live next door; bylaw ofcr came by
if section 31.10 unlawful then if daycare approved under that, is it unlawful
Mgr's letter said 31.10 cannot be enforced
then operating under a bylaw unenforceable
is that reason why I still have a bldg illegally next to my prop line for past two years
you can approve a bylaw but not enforce it, can approve an unlawful bylaw?
zoning bylaw is not the only bylaw [lists them]
went to Bd of V, approval on hardship grounds -- approval still held pending; been on my prop line for two and a half years!
cannot issue a biz licence for, and 707 [Anderson Cr] still is unable to comply and is currently violating the biz licence!
states I understand I will comply with all bylaws...
wd be an understatement [overstatement?] to state that the biz owner has complied or complies now
challenge legality of the bylaws that protect residents
causing this bylaw to be amended
another report Sept 25 to be provided wrt status of two props and currently no biz lic
a petition signed by 72 residents of Sentinel Hill --
we support family daycares, we do not support commercial group daycares
we plead with you option 3.2
residents of Sentinel Hill are not stupid we need answers
APPLAUSE
under this current and void bylaw; being penalized by bylaws to protect
admit a mistake and correct it, responsibly legally fairly
APPLAUSE
Angela Wu: copy of my speech to the Clerk
... temporary hold but wd not affect your situation
applications already in process and obligated to complete process
what is the process?
are we, the nbrs affected, not part of the process?
illegal, unenforceable, what does it all mean?
if the M cannot prevent commercial enterprises in nbrhds, who can?
have we done anything wrong?
why are we being punished when we complied with the law?
distressing, not getting satisfactory answers
if 712 Anderson daycare -- impact on my parents and [me], noise, so many chn next door
I'm begging you, choose 3.2 in Ccl Report tonight
Mayor: wonder if, since questions clear, we shd get answers now and then go on to other speakers
RB, D/AS: this matter came to our attention some weeks ago when this second applic came
mtg arranged with residents
one were what were requirements and non-conformity (separate)
wrt validity of the bylaw, as noted, does make mention to some illegal delegation of authority to staff and Ccl
group daycares are allowed up to 20 chn, current bylaw
other matters under consideration
Mayor: when wd that hv taken effect?
RB: refer to Dir/Planning when incorporated
SJN: not aware when not permitted
review some years ago and group daycare revised
Mayor: when you say illegal delegation of authority to staff and Ccl, something this Ccl can't do?
RB: under current wording, notification to within 500ft, written approval of owners and occupiers, then application back to Ccl
determination wrt applications
Zoning says up to 20 chn; under current legislation, unable to delegate
we're recommending add'l regulations
CAO: often bylaws are developed in conjunction with solicitors with legislation of the day
over time in this case the courts have said Ccl can't have discretionary zoning -- you either allow it or you don't.
how we allow is how we amend the bylaw so clear what we can and can't do
this is time sensitive b/c a number of other applications pending
Mayor: ?
CAO: applications must be dealt with under existing
new under whatever's passed tonight
Anne Hamilton: appreciate staff and Ccl and Madam Mayor -- in my experience found you to be dedicated individuals working re right and wrong
find that I am frustrated, ..... and angry and that I don't have any rights in this issue
seek clarity for myself and nbrs, act cooperatively find that they too have been betrayed
APPLAUSE
Permits and Licences have the ability if not the responsibility for a reasonable number
nbr asked for my support, expressed concern about noise, was assured five or six [chn]; considered the issue, the need for daycare, being good nbr; enjoy sounds of chn, seven wd be find and wd not object.  Over the years the amt of screaming has increased a lot.  Even with windows and doors closed at the other side of the house I can still hear.
don't know how many chn there.
now just learned of the expansion of the house next door
no one came to discuss increase
no notification from District, no invitation to respond
appreciate need for a daycare, where does daycare end and school begin
find yourself next to sounds of a school yard
initial permit then go from there
do I have any rights?
concerns about bylaw and process
know already expanded to 20 clients and plans to expand to residence across street also of 20
appreciate not 20 or 40, a reasonable number between five and seven
or at least reserve expansion approval pending proper public process
thank you for hearing my voice
Linda Weizel: lived on Sentinel Hill for 20 years, our quiet nbrhd next to amenities
know biz exists in nbrhds and don't.....
this has expanded beyond its initial... don't understand how this happened
thought we had bylaws, why are they not being enforced
alarmed we don't seem to be protected by our bylaws
we have a right to enjoy a safe and peaceful nbrhd
you have the responsibility to protect us
shd not have group daycares except in areas of public assembly
there may be a case for small daycares for five to seven chn where specified measures are met
I'm sure you'll help.....
in wch we all take great pride
Sheila Dallimore: wd like to paint a picture
my husband and I bought the lot at Younette Dr, to build house, raise family, and retire
judged it to have beautiful large trees, houses fairly well-spaced apart
best in country
over the years found we'd made a good choice, good nbrs, quiet and peaceful nbrhd, peaceful cmnty, nbrs respecting and helping each other
now these ppl want to run a biz.
daily traffic jams, many cars parked on both sides of the street, presence of great number of ppl, parents, deliveries -- peacefulness destroyed
as we live above, the noise will travel; a constant daily irritant
over the years, a few summer parties in houses next to proposed daycare and can hear ppl laughing but that's only once in a while.
nothing friendly or nbrly about a daycare
a biz space cd be rented for daycare
I used to take my grandchild to a building in NV, another is in Cap Mall, another in Pk Royal
these ppl doing it for their own profit and they will destroy the reason we bought into this nbrhd
the change caused by one property owner not a pretty picture, one destroying for many
asking you to do something to remedy for all of us
Norm Weizel: lived there for 21 years, first time felt need to address you and hope won't be back for another 21 years
live above but we do use Anderson for our access to TWay
that was my concern but only a few small chn thought we cd live with that
then seen increase and learn 18 in the present let alone the 20 for across the street
traffic is a serious matter
dark rainy, visibility a prob -- drive up and they back down onto Anderson Cr
less than 10ft from TWay; cars parked, coming going, no pickup space, no turnaround facility
I hv witnessed drivers creeping down in frustration bail out and go fast along Anderson Cr, why no accident don't know
two cars parked there all day now adding
when bylaw changes made: large daycare ctrs shd not be situated in residential areas; small daycares five to seven provided not impact negatively on cmnty
adequate space on the prop shd be on prop for pickup and turn around
adequate also for staff; obvious biz has bn allowed to grow without attention to safety.
situated where can grow, private residences do not
shd be where safe for residents and chn
Man: learned over week and a half
Citizens of Sentinel Hill slide presentation
discovered structures built on prop without permit
nbr adjacent received notice, no others within 500 ft did
inadequate lighting in evening, no adequate signage in drop-off area
all three surrounding [pointed out on map, photo; all here]
chart showing cars
congestion significant
cars are already doing u-turns in Anderson Cr and using nbrs driveways for turnaround
one-hour break in morning and afternoon (noise)
areas poorly lit
do not want further expansion and do not another commercial operation across the street
petition signed by 75 local residents wh do not want this including three adjacent
cmnty has been informed daycare has questioned bylaw to be unlawful
but owner has signed saying abide by bylaws and regulations
final analysis: do not allow daycares -- as in 3.2; public assembly zone
if you pass this bylaw with all the uncertainties.....
do not want nbrhd ruined; want Ccl and staff empowered to enforce bylaws
Mayor: anything further Mr Beauchamp wd like to add?
RB: no
Mayor: wd like to deal with something not in motion -- what about the illegal structure?
RB: the number of illegal structures identified are under examination, owner wd hv options to remove or comply;
From audience: two years!
Mayor: motion on floor for discussion
RD: not sure wch
Mayor: cd receive report then other--
SJN: if Ccl is considering 3.2, to remove group daycare in sgl fam, that wd retain fam daycare
APPLAUSE
Mayor: that cd be first clause
RD moved receipt
....
CAO: rather than craft wording......
RB: believe prov regulations cover fam daycare up to seven
Mayor: let's try this; open floor but have to be disciplined about discussion
SJN: one is rec by MMgr and the other is 3.2 that wd prohibit
applause
Sop:...20 years ago, did look at reasonable opinion it wd stand for something
heard from a concerned group of ppl, more than not having a daycare, but change of use within a nbrhd.  This is commercialization. Expanding in nbrhd.  The very law, RS 3, 4, 5, says only subject to 31.1.10, now saying unenforceable then the original is unenforceable.  Want a legal opinion.
the uncertainties have to be answered in a formal way at least.
then follow 3.2 of the recommendation
I don't know we have to support a legal interpretation, Lidstone Young
there has to be a way to stop change ...
go a long way if we outlaw -- let the other up to seven
APPLAUSE
VV: on the whole inclined to agree with Cclr Sop but wd like to look at analysis -- it says 33 [daycares] in DWV
however two in nbrhd zones
not told about location or circumstances of other
presumably the other operating in a satisfactory manner
find a way to preserve the one operating satisfactorily so not close it down
APPLAUSE
Mayor: with all due respect, pls refrain from expressions of enthusiasm
JF: sympathy with nbrhd and ppl stressful finding place when having to go back to work
from my years on sch bd, daycare v desirable in WV; intense need
not unhappy with the concept of reducing the number
we do have a number of home-based businesses.....
if we disallow group daycares in residential nbrhds, do we accept those presently in place, grandfathered?
SJN: we can report back to you
wd include preschool
the one existing is on Haywood across from school, commercial on both sides
JF: what's the impact?
RB: current applications under current bylaw, ones received in future
wrt 3.2, give authorization to bylaw officers to withhold
JF: that's future but present, as in Anderson
RB: told by solicitors, if all reqs met, the current application wd stand
MS: I don't think any nbr has the right to negatively affect the nbrhd -- 40 clients; excessive
am a bit confused, you take out a biz licence you comply
but you don't have to comply
CAO: that's a good question, notwithstanding grandfathering
if someone seeks to renew and no longer comply?
RB: that cd be different; stop for six months, lose
re declaration, haven't had legal opinion, must be lawful sections and if 20 in zoning then that's a condition
rec by staff part has to be changed
CAO: you're suggesting once a company has received a biz licence they can operate in perpetuity
RB:...
amend by removing
operating meeting all requirements
CAO: in perpetuity?
RB: yes
MS: struggle with concept makes no sense as long as you have a biz licence you can continue to ignore them
Mayor: the challenge here
CAO: if Ccl intends to restrict to fam...
re withholding licence...
attempt to get a second opinion
MS: on M prop, commercial zone
SJN: permitted to continue
JC: will support whatever exerts most stringent
struggling have biz licences going out, no one knows if conforming or not or cares?
RB: don't think that's the biz staff
if a biz licence is issued in error
if made under current local and prov bylaws then not able to withhold
if change, can deal with and pull back
JC: have you not heard that the biz has been issued in error?
RB:...not validated
JC: why not? it's been weeks
RB: b/c for 707 Anderson; 712 under consideration
JC: biz licence states that and agreed by holder; conform of all bylaws of M and prov
RB: not sure of the wording
Sop: have it here
JC: anyway, looking for intent
if that's the case, if a nonconforming bldg, why not revoke it?
RB: there's the prov [regulations?]
JC: a nonconforming licence, a nonconforming biz
why does that licence still exist?
RB: staff is for a period of time
Audience: it's been two years!
Mayor: will have to clear gallery; debate and doing their best
JC: ?
RB: on calendar year
JC: have we identified the current licence at fault? if not, why not?
RB: will have staff do that
Mayor: that's paramount
Sop: wd like to think these ppl pioneers
eliminate 712, still have 707? have in public assembly zones
used to have in basements
do see need for need to remove 31.1.10
don't think we can leave here tonight -- until they know we'll stop that second daycare
if we don't look and support them then have applicant go to court
Mayor: clear by 3.2
RD: didn't want to make motion originally g/c wanted to hear debate
unfortunate bylaws don't deal with change
agree daycare a good thing but two daycares too much; difficult situation
stuck with bylaws not properly crafted for challenge at hand
I MOVE prepare zoning bylaw to prohibit group daycare facilities in [resid areas]
require applicant to reside in dwelling unit?
Sop: If doing away with no one
RD: withhold any daycare applics
.....
CAO: helpful when staff report back that they report on three last items, if they apply to fam daycares as well
Mayor: compliance with all bylaws
JF: pt 3, staff report back to Ccl with recommendations wrt biz licences
legality of section 31.1.10 and if enforceable
Mayor: better separate or three in one
MClk: sep
Mayor: first two points, then another mention
DONE
JF: third
Sop know what she said
MS: didn't catch; wd like at least to be told what we're voting on
JF: legality when they come up for renewal
and legal opinion if 31.1.10 illegal, does that mean the rest of the bylaw illegal?
MS: if ev biz licence complying in M onerous
RB: v clear
Mayor: to do with this applic
CAO: how biz licence cd be denied if contravening our bylaws
Mayor:?
MS: if we want these ppl to leave with any comfort
staff shd visit and tell them Ccl ev opp to deny opening second one
RD: I went and look at the two sites and struck with how dangerous
TWay, and Anderson; disturbs me daycare where not safe
CAO: talked about denying, add revoke as well
CARRIED unanimously
9:58
motion to extend
MS opposed
Mayor: then mtg ends
{to go past 10pm, a unanimous vote is required.}
Sop: if I promise not to talk
{extension to 10: 30?}
10:02?
6.         Correspondence to Council (File:  0120?24)
RECOMMENDED: THAT option #4.1 as described in the November 23, 2006 report from the Municipal Clerk re Correspondence to Council be implemented on a [six-month] trial basis.
Mayor: I have one mbr of the public who wishes to speak.  Mr Pajari.
[Your Editor started to come forward but was disconcerted hearing another name.]
Are you wishing to address Ccl b/c we're trying to move through the agenda here--
CR: I signed the list as I came in [first]--
Mayor: I have you under Correspondence [shuffle of papers].  Oh I see; this item of Correspondence, thought you meant Correspondence agenda--
CR: Oh sorry.  No.
b/c you're in a hurry, what I wd like to say, is if you are going to reinstate the electronic, putting link on website to Correspondence, then I will not speak
Mayor: we haven't had our discussion yet so it's difficult to know
CR: cd I not speak until I get the idea whether or not it's worth saying anything?
Mayor: No. The opportunity to address Ccl is before Ccl has its discussion or at the end of the mtg as you know, at Public Comment Period
So, I can give your three minutes right now, if you like
CR: okay.  Then what I wd like to say, and this might not be worth it b/c I'm sure a lot of you are v common sense ppl
it was distressing that this was cancelled and done behind closed doors.  The public--
Mayor: what was cancelled?
CR: having a link on the website for the letters and for the minutes of cmte mtgs
{Dear Readers: see examples in Correspondence section item no 10 below}
anyone who comes to speak had to identify
It's been done for more than 20 years [letters made public, b/c part of package in Library before Internet].  I think that anybody/people who comes/come to speak to Ccl has to identify themselves and there might be a compromise if there really is a concern and it's not just a clash of cultures with ppl who aren't accustomed to a situation in wch ppl are open and can disagree with respect and not threats.
but the essential part is to have content, for example on tonight's Ccl Agenda there are many letters about the Clovelly/Caulfeild nbrhd.  It's got all the names but we have no idea whether in favour or against, no idea what issues are, so the essential thing is that the content of the letters be there.  If you have a privacy issue, it doesn't matter what you do [re identity], but the content is important for ppl to see.
If you have those concerns, another way of addressing it cd hv bn, and if anybody wants to write to M&Ccl, we have a form to fill out.
I know that groups are not allowed to write to M&Ccl unless they identify the names, full address, b/c in the past year one of the groups sent in something and they thought that the group was registered and it wasn't, so that letter was held up for a couple of weeks while the Clerk's Dept said they had to register their address.  I have no problem with that; it's just that we have to know.  It cd be a form.  There are sev ways of approaching this.
Also if it's a question of saving time, one of the things that cd be done is all the minutes of cmte mtgs and letters, cd be scanned at once and put in so it's not a question of doing them individually.
So I'm trying to address the items that were brought up in the memo but what was missing from the staff report was that basically this is information
I know most of you, if not all of you, campaigned on openness and I think having what the public thinks is part of openness.
If you have to delete the names and addresses and I suppose if it's about a certain item, you wd have to know if someone lives in WV, b/c you wdn't want a whole bevy of ppl from Vancouver, delightful as they are, saying they don't agree with something; but I mean you might want to insist that you have to know if they're a resident of WV
I really strongly urge that you continue, reinstate, having the content of letters, so that we know what's being discussed, and esp since one of the items is responses to Correspondence and [another] responses to PQP, and they're blanked out so we can't see what staff have replied to what someone has asked or written to M&Ccl.
[a fluttering clap from gallery]
thank you
Mayor: thank you
all right, moving to the issue then, Cclr Ferguson, wd you like--
[this time she forgot that Mr Pajari had also signed up to speak!]
oh, I'm sorry--
GP: I'll try to keep it v quick
I read the memo and I understand that staff is concerned about possible liability and privacy issues.
I'm concerned in the rush to implement a policy that addresses some of their concerns, they perhaps have not considered other options that might reasonably address some concerns.
I also think that some assumptions in the memo might not stand up to scrutiny if Ccl were to take some time to study the issue.
The point is made that ppl who write to M&Ccl have a reasonable expectation of privacy.  I find that v hard to believe, almost as hard to believe as ppl who write letters to the editor have an expectation of privacy.
The memo says, you've received about 1500 letters a year, so over last 10 - 20 years, you've received something in the order of 20-30K letters, and we have two or three complaints?  By my math that shows 99.98% of your correspondents have no expectation of privacy.  So it's unclear on what basis it is claimed ppl have an expectation of privacy
And if privacy really is a concern, why are the letters that were sent to the Dir of Bylaws {not even M&Ccl!} wrt the previous agenda item in the public package and published with full contents, names and addresses, if privacy truly is an issue?
There are inconsistencies here that I think need to be considered.
Paper costs are brought up as an issue.  By my math that's $200 on a $60,000,000 budget.
It talks about labour costs, yet almost all of the options wd incur almost the same costs b/c Ccl has to see the material.
So what I wd suggest without getting into the reasons b/c of the time constraints, is [adding] an Option 4.5: publish the Correspondence electronically not using paper, batch the correspondence so there's less labour time, and in the notice that is sent to every correspondent who writes in acknowledging their correspondence, add an item wch says your item will be published unless the Clerk hears from you within ten days.
Since you don't publish Correspondence that you have received in this timeframe, that gives correspondents more than adequate time to withdraw items but the default will be the existing policy.
So I wd suggest either withdrawing this item or deferring it for a couple of weeks until we can consider it more fully, or implementing Option 4.5 wch is notifying all correspondents that their letters will be published unless they otherwise indicate.
Thank you very much.
Mayor: thank you, Cclr F, wd you like to introduce this motion?
JF: frankly, I struggled with this.  I prob'ly agree with the two speakers who have come before us this evening with their comments, so I wd in fact be prepared to move that this item be deferred until staff can report back on the options that hv bn suggested
Mayor: all right
No discussion on a deferral motion, is that correct?
All those in favour of deferring until Dec 11, is that all right?
MClk: We'll try Madam Mayor.
Mayor: She's drowning under all the paperwork for the Correspondence
{Cry me a river.  Can't believe the Mayor thinks this; is she exaggerating for effect?}
That's fine.  This is certainly really a delicate balance
{yeah, right.  99.98% vs 0.02%, not to mention our well-established, well-known practices}
between the expectations of privacy and the public expectation that what comes to Ccl is part of the public domain.  It's a bit of an unknown, so we'll take our time with this decision.
{unknown?  what about an educated guess when it's two or three out of 20 to 30,000 letters?  and no repercussions to those couple who expressed some concern?}
All those in favour?
DONE; DEFERRED

{hm.  At previous ccl mtgs cclrs have discussed whether or not to defer, whether or not to vote on (for motion to pass or fail), whether or not to choose an option presented or think up another one.  Why not in this case?  Were previous comments at ccl mtgs wrong when it came to deferral or was this wrong not to allow any other cclr to speak?
How does a motion to defer differ from a tabling motion?}
10:07
7.         543 - 9th Street - Offer to Purchase (File:  0510?05)
RECOMMENDED: THAT authorization to proceed with public statutory notification of the proposed sale of 543 - 9th Street in accordance with the Nov 16 report of the Director of Planning, Lands and Permits be confirmed.  {SALE TO MILLENNIUM}
Sop left [conflict of interest]
SJN: important that this info go to PH; same issue was published prior to prev
10:08
CONSENT AGENDA ITEMS
8.         Consent Agenda Items - Reports and Correspondence
JC: remove 9 and 10
Mayor: some to speak to this
REPORTS FOR CONSENT AGENDA
9.         Development Variance Permit Application 06-047 (4345 Rockridge) ...for consideration Mon, Dec 11.
Robt Laurie: put name on speaker list [before seeing] Dec 11
Mayor: yes
Mayor: see you then
MS: have we considered [moving PH from] Kay Meek? why not here?
mtg to discuss Spaxman report half full
I'm just throwing that out
Mayor: if MClk has--
Ssch: [re notification legally required] 3400 ppl, two notices [in NSN and Outlook]
Mayor: have followed up with Pam Best
JF: might be possible, Srs' Ctr bus run up to KMC
Mayor: ?
Ssch: I'll look into that
Sop: number of letters from Clovelly Walk; where are we with those?
{yeah, great.  He's read them but we have no idea if in agreement with proposed guidelines or not b/c NOT ON WEBSITE!!!}
SJN: not sure when av most likely early Jan

CORRESPONDENCE LIST FOR CONSENT AGENDA
10.       Correspondence List (File:  0120?04)
...
{My comments giving this list of "Correspondence" as an example.  Please note that cmte mtg minutes are included in Correspondence so it's somewhat misleading.  In this case it's the Bd of Variance but minutes of other cmtes in the past few weeks have not been linked/here either -- and there can be NO expectation of their not being made public so privacy doesn't even come into it.  One might conclude that it's some overactive staff with reactions of suppression/restriction when faced with a choice, quite apart from not putting the item on an agenda for Ccl to discuss/debate/announce.  As I said, another example of 'behind closed doors', not just removing access/information from the public across the board.  Even if done behind closed doors, why oh why did Ccl agree to this across the board even though some parts not privacy issues at all but presented under the cloak of privacy???  In some matters it might appear Ccl is being led by the nose by some staff.  Why does it need members of the public with spine to question?  Residents shdn't have to do Ccl's job especially when they pledged openness.}

Requests for Delegation -- None.
Action Required

{Ask yourself: do these requests below to speak to open Ccl, wch is televised, justify being withheld/blocked on the basis of 'privacy'?   Can you possibly imagine these three wish their letters withheld?}
10.1            Mr. and Mrs. Fleming, November 19, 2006, regarding large tree on municipal land
                   Referred to Director of Parks & Community Services for consideration and response.
10.2            P. Best, November 19, 2006 regarding Evelyn Drive Public Meeting
                    Referred to Mayor and Council for consideration and response.
10.3            L. Wilson, Chair, North Shore Sport Awards, Nov 10, regarding North Shore Sports Walk of Fame
                    Referred to Mayor and Council for consideration and response.
No Action Required (receipt only)

{So, in minutes below, we have no idea what variances were approved or rejected and the mtg is held in the Chamber in public with public allowed to attend and speak!!!}

10.4            Committee and Board Meeting Minutes
                    (a)         Board of Variance Minutes, October 18, 2006 (File:  2310?05)
[Letters wrt the proposed Clovelly-Caulfeild Neighbourhood Plan: 10.5 - 10.16, 10.22 (petition), and 10.23]
10.17         = ; D. R. Corrigan, Mayor, City of Burnaby, regarding homelessness
10.18         = ; F. Leonard, Chair, Municipal Finance Authority of BC, November 10, 2006, regarding Surplus Repayment Issue #45 - Term 20
10.19         = ; D. Mussatto, Mayor, City of North Vancouver, November 10, 2006, regarding invitation to presentation by David Hughes, Sunday, November 26, 2006
                    Previously distributed due to timing of event.

{re letters above:
how do we know if residents approve, disapprove, make other suggestions wrt guidelines presented at a cmnty mtg on their area?
More startlingly, by what twisted logic can anyone possibly think any of the above need to be removed b/c of privacy?  the Mayor of Bby about homelessness is writing privately??? the Chair of the MFA giving info about surplus? (he cd write to the Dir/Fin if concerned)  DNV's Mayor wishes no one to know where the presentation is being held when it's an invitation???}

10.20         = ; B. Gautschi, Vice-President, BRAC Systems Inc., November 09, 2006, regarding greywater recycling
10.21          M. Carter, November 07, 2006, regarding Police Issue
10.24  Responses to Correspondence No items presented.
10.25   Responses to Questions in Question Period - No items presented.
11. REPORTS FROM MAYOR/COUNCILLORS;
Mayor: holding down fort with storm
crews doing a good job

12. PUBLIC QUESTIONS/COMMENTS
Resident:  in response to Cclr F's suggestion that if you don't hear from the cmnty there isn't a concern or a prob
my own inadequacies, as the noise rising, remained silent got louder and louder and still didn't come forth
an illegal structure came up, we're looking right at it
got a letter about a Variance mtg and District has recognized structure shdn't be there and it didn't happen
believe they're getting approval after the fact
in my attempt to be a good nbr
I didn't come forward when I shd hv
13.  ADJOURNMENT ~ 10:25

===  PUBLIC HEARING AGENDA Dec 4th = ; ===  7pm at Kay Meek Ctr
1.                  CALL TO ORDER
2.                  PUBLIC HEARING
OFFICIAL COMMUNITY PLAN BYLAW NO. 4360, 2004, AMENDMENT BYLAW NO. 4492, 2006;  AND  ZONING BYLAW NO. 2200, 1968, AMENDMENT BYLAW NO. 4493, 2006
The Manager of Community Planning will provide a presentation regarding the proposed bylaws.
 OFFICIAL COMMUNITY PLAN BYLAW NO. 4360, 2004, AMENDMENT BYLAW NO. 4492, 2006
Affected Lands:  
Lands in the area bounded by Keith Road on the North; Taylor Way on the East; Park Royal Shopping Centre (765 Marine Drive) on the South; and Park Royal Towers (935, 945 and 955 Marine Drive) on the Southwest.
Proposed Official Community Plan Bylaw Amendment: 
The proposed bylaw amendment would amend Official Community Plan Policy H2 to permit redevelopment of the neighbourhood to a variety of housing types, built form and dwelling sizes, and designate the affected lands as the Evelyn Drive Development Permit Area under subsections 919.1(1)(a), (b), (e) and (f) of the Local Government Act, including by specifying the objectives of the designation and the guidelines that will govern the issuance of development permits for development in the area.
ZONING BYLAW NO. 2200, 1968, AMENDMENT BYLAW NO. 4493, 2006
Affected Lands: 
710, 720, 728, 742, 750, 838, 846, 854, 862, 870, 876, 886, 910, 914, 928, 960, 970, 974 and 976 Keith Road, 710 to 895 Evelyn Drive and 525 and
543 9th Street.
Purpose: 
To provide for redevelopment of the affected lands to a mix of single-family, two-family, cluster housing and apartment uses with a total maximum floor area of 508,000 sq. ft. in a maximum of 349 dwelling units.  Civic use and uses customarily incidental to the permitted uses are included.
Proposed Zoning Bylaw Amendment:
To create the Comprehensive Development One (CD1) Zone and rezone the Affected Lands (as defined above) from R.S.5 Single Family Zone 5 and M.U.3 Multiple Use Zone 3 to Comprehensive Development One (CD1) Zone
...
Mayor Goldsmith-Jones will describe the procedure for the Public Hearing.
...
The District has received documents, which may be considered by Council. Those documents are available for review and discussion.  A list of documents, and copies of these documents may be obtained from the Clerk during the Hearing.  Written submissions received during the course of these proceedings will be added to these documents so that everyone may examine new documents during the Hearing.
 The following reports are provided:
      (a)       Report from the Director of Planning, Lands and Permits dated November 27, 2006 re Community Benefits Associated with the Rezoning of Millennium Evelyn Drive Planning Area Properties;
      (b)       Report from the Manager of Community Planning dated November 13, 2006 re Evelyn Drive Official Community Plan Bylaw No. 4360, 2004, Amendment Bylaw No. 4492, 2006 and Zoning Bylaw No. 2200, 1968, Amendment Bylaw No. 4493, 2006 (received by Council at its November 14, 2006 meeting);
      (c)        Report from the Manager of Community Planning dated November 6, 2006 re Evelyn Drive Area Official Community Plan and Zoning Amendment Bylaws (received by Council at its November 6, 2006  meeting);
      (d)       Report from the Spaxman Consulting Group dated June 16, 2006 re Evelyn Drive Area Plan Final Report; and
      (e)       Correspondence.
The Municipal Clerk will note written submissions received for the December 04, 2006 Public Hearing with respect to the proposed bylaw amendments.
3.                  PUBLIC INPUT
4.                  CONCLUDING REMARKS BY RAY SPAXMAN (Spaxman Consulting Group)
5.                  CLOSURE OR ADJOURNMENT OF PUBLIC HEARING
If there is no further public input and Council does not wish to have a further staff report, then:
RECOMMENDED:  THAT...the Public Hearing be closed.
            OR
If Council wishes a further staff report, then:
RECOMMENDED: THAT Staff report back ...  and that the Public Hearing be adjourned to ________________.
Members of Council are not permitted to receive further submissions once the Public Hearing is closed.

===  INFObits re UPLIFT and CMNTY BENEFITS for Ev Dr  ===

COUNCIL INFORMATION REPORT for Public Hearing
From: &n= bsp; S. J. Nicholls, Director of Planning, Lands and Permits
Community Benefits
Associated with the Rezoning of Millennium Evelyn Drive Planning Area Properties


Purpose
To provide further information on the Community Benefit components of the proposed Evelyn Drive Planning area zoning amendments.
Analysis
The Evelyn Drive plan is intended to provide for housing needs identified in the Official Community Plan within an attractive new neighbourhood.  Within the proposed CD 1 bylaw itself, housing variety and community amenity provisions are described.  This aspect of community benefit  was arrived at based in part on Council's motion of September 18th, 2006 to prepare implementing bylaws on the basis of Option C (350 units) of the Spaxman Study, "with a community benefit package focusing on housing choice and variety commensurate with the density level stated in Option C."
Community benefits within the zoning amendment were arrived at taking into account the 'uplift' in land value resulting from a change in land use and an increase in density.   'Uplift' is the value of the site at the base land use and density subtracted from the value of the site, ready for construction, at the higher density.  A percentage of that 'uplift' is taken into consideration in negotiation community benefit , with the percentage reflective of the complexity of the approval process, the necessity of site assembly, servicing costs and other factors outside of normal development costs.
The 'uplift' deals with the impact of rezoning on value.  It does not deal with the commercial value of the end project, as commercial value is dependent on a host of variables that are Developer decisions - for example, marketing, timing, building quality, amenities, equity, and financing arrangements. 
The base land value of Millennium's Evelyn holdings is calculated on the current single family zoning.  It is estimated on an average lot value as if the existing lots were sold as is, not on the higher actual price paid by Millennium.  The higher density (CD1 zone) value is based on an average value per buildable square footage that a developer would be willing to pay for the land, rezoned and fully serviced, the most common industry standard.  This takes into account the range of housing types proposed, the maximum allowable square footage and the location.  Using average values, our calculations were:

Base Land Value for 57 existing lots     =     $46,000,000

Value as CD1 using average $125 per buildable square foot and 508,000 sq.ft. total development   =   $63,500,000

Gross Increase in value     =     $17,500,000

Servicing and new road access costs ($6 to 12 million, for an average of $9 million)     =     $9,000,000

The 'Uplift' or Net Increase in value     =      $8,500,000

If 75% to District     =     $   6,375,000

If 50% to District     =     $   4,250,000

The community benefits associated with the project are as follows:

Housing
=83   30 rental Apartment units in one building in perpetuity (without rent control) - community benefit value is the difference between rental versus strata ownership value and is substantial ($1 - $2 Million).
=83   variety in housing:  a minimum 10% of all Apartment units are to be less than 750 sq. ft. in size; an average floor area requirement is established for each unit type; and the Section 219 covenant that is to be registered prior to zoning adoption would specify the minimum housing mix recommended in the Spaxman Study (5% small lot single family, 3% two family, 15% townhouse, and 60% Apartments)
=83   adaptable housing:  all Apartment units are to have 'basic' accessible features and 20% are to have Level Two features, fixtures and finishes

Community Amenities
=83   $2.5 million is to be provided to the District, over 3 years, for community amenities primarily through a Millennium charitable foundation

Infrastructure
=83   $350,000 to a reserve fund to be used for a traffic calming study and measures in the neighbourhoods surrounding the Evelyn Drive Planning Area
=83   $1 million for infrastructure upgrades adjacent to but outside the Evelyn Drive Planning Area (the developer is also responsible for all servicing costs and road construction within the Evelyn Drive Planning Area and requirements imposed by the Ministry of Transportation)

Environmental Sustainability
=83   standards such as LEED or equivalent are to be used for the evaluation of sustainability
=83   'green' buildings that reduce energy consumption, enhance sustainability and create a healthy living environment are to be used

In addition, while not included in the bylaw amenity contribution package, the proposed purchase of municipal land (543 9th Street at $1,845,000) is considered to be part of the potential community benefit which would not occur if the status quo is retained.

Because of the length of approvals, difficulty of assembly, holding costs, planning costs, and reduced densities, the percentage of "uplift" used in consideration of community benefit is reduced.   Negotiations considered 50% of 'uplift' value to the District to be a base and that is met with the $2.5 million cash contribution to the District, 30 rental housing units, the adaptable housing and the housing variety, particularly the average unit size.
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Your Editor comments at first glance:
   =  back to WV shd be two-thirds (rather than 50 or 75%); that's about the minimum Vancouver gets
   =  public shd be consulted as to do with the $2.5M
   =  can't see how the $350K is a cmnty benefit, since it's mitigation for this devt
   =  how is infrastructure for their own devt seen as a cmnty benefit?

***  If Cmnty Benefit shd be $5M or more, this package is little more than half.
Need more public input into what cmnty wants to see/have in return.

===  HAIKU  ===&n= bsp; 2006 November 29

                proud palms ~~ freak fierce winter storm
                                fronds covered, weighed down,
                                                forced to bow to snow

===  QUOTATION  ===

Power always has to be kept in check; power exercised in secret, especially under the cloak of national security, is doubly dangerous.
                -- William Proxmire, US senator, reformer (1915-2005)

-- 
                        Yours thoughtfully,
                              Carolanne Reynolds
                                    Editor, West Van Matters; tel 922 4400; www.westvan.org
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