A brief recap of council meetings, as viewed from the gallery
June 6, 2023 Edition
Event: Lions Bay Council Meeting
Time: Public meeting: 7:00 pm
Agenda: HERE
Video link: HERE
Present at the council table were Mayor Ken Berry, Councillors Jaime Cunliffe, Neville Abbott, Michael Broughton, Marcus Reuter, and Administrative Assistant Marina Blagodarov. Joining online was Controller Joe Chirkoff, consultants Randy Diehl, as contracted through the Ministry of Municipal Affairs, and Deanna Campbell, as contracted by the Village.
The first Council meeting after Sunday's wildland fire was well attended, with 27 participants online and eleven seats in person, meaning an almost full house.
Mayor Ken Berry opened the meeting with an attempt to address what he called 'mis-conception in the village' regarding his role as CEO but it was decided this would be better given as a part of the Mayor's report. There was no information reported out of the closed part of the meeting, as there was a plan to return to closed again after the public meeting ended. A few additions and changes were made to the agenda, and it was adopted. (Editor's Note: The definitions for standing and select committees according to the provincial government can be found HERE).
Public Participation:
Resident Brian Ulrich opened by introducing himself as one of the original members of the infrastructure committee in 2013. Ulrich expressed his outrage that he found out about his appointment to a committee working group from a fellow resident rather than the Mayor. He said that he didn't agree to the appointment, and that the public learned of this appointment before he did. He noted that his primary recommendation to the Mayor that the committee "not be a standing committee, with equal number of council members and residents. We demonstrated in spades that that’s a waste of our time. You said you came to listen, but given yesterday’s announcement you clearly did not listen and have dictated a standing committee after all." Ulrich added that there had been no discussion in Council, and that his name had been published in a public document, implying that he agreed to terms of reference that had not even read. He asked the Mayor for a public apology in writing.
Fellow former infrastructure committee member Tony Greville stepped forward to echo Ulrich's concerns. Greville told Berry he was at the meeting with Ulrich, and that Berry had misrepresented what happened at the meeting, in public and in writing. He also said he expected an apology. "We made it clear we wanted an apolitical technical committee that was forward looking," he said. "You did not ask us to join. And had you asked under those conditions, we would have said no, because what you're asking is backward-looking, non-technical and totally political." He asked Municipal Advisor Randy Diehl to recommend the Mayor apologize.
The Mayor defended himself, saying that his advisors recommended a Standing committee. After considerable back and forth on the subject, with Greville returning to the podium, and including a few shouts from the gallery, Councillor Cunliffe reminded the Mayor that the decision had been to allow residents to speak during the public participation element, with Council responses to follow at a later time, and that, in any case, this subject would be addressed later in the meeting, so the next speaker was called
Panorama Road resident Greg Weary took the podium to remind council of all the work that had been done by the past Highway committee, including efforts to calm the traffic. He mentioned the number of drivers and motorcyclists who speed through the village as a challenge. He spoke of a fatality that happened as a result, and added with current conditions it's only a matter of time until this happens again. He recommended police coverage on Sunday mornings and evenings to reduce the problem. He asked if Council would work with the Ministry of Transport (MOT) or the RCMP to come up with a cost-effective solution to deal with the speeding and the noise.
Bayview Road resident Tanya Cosgrave expressed gratitude to the firefighters for their efforts to extinguish Sunday's fire. She thanked departed Acting CAO Ron Miller for his work, and lauded his efforts to hire local people in the office. She thanked Mayor Berry and council, adding her belief the Mayor was under the gun from people who have been "disrespectful". She also inquired if the Lions Bay Watershed is a "sanctioned publication," adding she has been shocked by comments she has read. (Editor's note: The Watershed is an independent community-based publication, and is neither sanctioned by, nor associated with, any political entity.)
Kambiz Azordegan addressed Council on the subject of parking in Lower Kelvin Grove. He asked, as a temporary solution, that Council erect a sign indicating that no motorcycles or recreational vehicles be allowed onto Tidewater Way.
Online, resident Norma Rodgers summarized her thoughts on the issue of transparency in Council, and asked if they would be willing to adopt three procedures: to publish the agenda on the Friday before Council meetings so that the public has time to read through the package; to publish all resident opinion letters in the agenda package without the threat of defamation in order to encourage free speech, and to advertise committee descriptions ahead of time while committing to recruit from all residents. She noted the committees the Mayor has just announced contain residents who are his vocal supporters, and asked if future committees, such a Parking committee, would draw from a more representative pool of other residents. In light of the many times she has asked these questions, she asked Council members to respond. Cunliffe said she would respond directly to Norma by email, and Councillors Abbott and Broughton agreed. Councillor Marcus Reuter said he would reply yes to all three questions on the spot.
Former Councillor Norm Barmeier spoke online with regard to the Infrastructure Committee information put forward in the most recent Village Update. He noted that Engineering BC has introduced new legislation around the Professional Practice Management Plan (PPMP) which is typically required for anyone providing engineering services, and he feels this should be reflected in the terms of reference for the committees. He said his preference was for a select format for the new Infrastructure Committee so that it can be a more technically focused body. He added he was disappointed not to see his name on the committee lists, and reiterated that with his ten years of experience with Village infrastructure issues, and his engineering background, he can make a meaningful contribution.
Online, Ehsan Monfared asked if Council was presented with a standard Code of Conduct. He also noted that it is standard corporate practice for a CEO to step in when management is not in place, and asked why the interim CAO's contract was not renewed to facilitate the transition to the new CAO. He recommended that Council pass a bylaw to define terminology. He said he was happy to accept a position as a volunteer, but is disturbed by Council's vitriol and inability to deal with serious issues. "What kind of community to do you guys want to build here, anyway?"
Delegations:
Store owner Craig Doherty asked that Council consider an exception to the noise bylaws. Rather than come back each year, he asked them to extend the exemption to be extended through the length of this council's tenure, until 2026. Council said they would consider this later in the meeting.
Emergency Program Coordinator Phil Folkersen took the podium to address the response to the fire situation on Sunday. He noted that anyone with questions can email him at epc@lionsBay.ca. He said he had just received a text from Metro Vancouver declaring the fire completely extinguished, with Coastal Fire ensuring that all hot spots between the rocks were completely out. He noted that the nearest residents were less than a kilometre away from the fire, which grew to size of 100 metres by 40 metres, and had started to candle through the treetops. He added that in his 30-plus years of experience with emergencies, there are three common elements to every event: heroes, people who show up, and mistakes. In this event, the Lions Bay Fire Rescue (LBFR) were the heroes. He said they worked alongside Royal Canadian Marine Search and Rescue, who had four or five pumps that directed water up onto the flames. He noted that when BC Wildfire Service resources were tapped out, and Coastal Fire couldn't get their assets here quickly enough, the 21 firefighters from LBFR did the job. He felt the interagency communication worked very well, and anticipates good cooperation over the upcoming fire season.
Of the people who showed up to help, he mentioned an offer from Brant Arnold-Smith the Security and Emergency Manager from Metro Vancouver who had 20 wildfire firefighters on standby. He also lauded Emergency Support Services (ESS) Director Mary Brown, who was on the phone behind the scenes with the province from the command centre she set up in Broughton Hall. He also thanked the Mayor, former Councillor Fred Bain, and Councillors Abbott and Cunliffe who all showed up, ready to help.
Folkersen anticipates some further training ahead, including the developing of communications procedures. He said the village has signed on with an app called Alertable, and will get the new system in place over the summer. He added that Village evacuation plans needs to be finalized, and that he has plans to sit down with the Fire Chief and adapt the existing plans to meet current needs. He promised to present a copy of the After-Action Report to council so it goes on the record and said he will talk to Council about prioritizing ESS, and to set up a presentation with Emergency Management and Climate Readiness (EMCR) regarding how to manage emergency situations. He said that EMCR has declared the ban on open fires to begin June 8 this year, and have significantly increased the fines for non-compliance.
Review and Approval of Minutes of Prior Meetings:
Just one set of minutes was up for approval, from the May 16 Regular Council Meeting. After just a few edits, including the fact that Cunliffe signed the Oath of Office and not the Code of Conduct at her investiture, the minutes were approved.
Unfinished Business:
While there was no new unfinished business this week, Abbott said that a few items appeared to have fallen off the list, and will address them with staff for the next meeting.
Staff Reports:
Acting Public Works Manager (PWM) Karl Buhr reported on two topics, beginning with a Road Resurfacing Proposal, found in the agenda package beginning on page 12. His recommendation that Council direct staff to accept BA Blacktop’s referenced proposal for $353,536.29 was accepted. He clarified the reason this was a single source bid was that an arrangement had been previously made by former PWM Nai Jaffer, ensuring that Lions Bay gets the benefit of West Vancouver's volume pricing deal. Discussion included the fact the proposed $3.7 million Bayview drainage project has not been funded, so part of the road being paved will later have to be torn up. Reuter asked that the speed humps below Stewart be modified, and Buhr said he would investigate the costs and report back to Council.
Buhr then presented a recommendation that Council direct staff to remove the stop signs at three rail crossings as directed by Transport Canada, and institute signage, road marking and vegetation maintenance as outlined in the ISL Engineering memo found beginning on page 15. A previous Council conducted a study at the cost of $17,000, which confirmed that these changes need to be made. While the choice has been taken away from the Village as this is a federal direction, Buhr noted that implementing the recommendations will at least make the intersections safer. The decision was postponed until the next Council meeting at Broughton's request.
After some technical difficulties, Controller Joe Chirkoff introduced a newly redrafted purchasing/procurement policy, based on changes that were recommended by the previous council, and with updated spending limits. Much discussion ensued regarding definitions and a few wording changes. Municipal Advisor Deanna Campbell agreed to touch base with Joe to tighten up the wording, and the motion was tabled for discussion at a future meeting.
Mayor's Report:
Reuter asked Berry to speak to the new Organizational Chart, as seen on page 44 of the agenda package. Reuter said he feels the issue of reorganization needs to come before council before a decision is presented to residents, and Abbott noted parts of the chart as represented are inaccurate. Berry said the new chart reflects the existing working structure, and is not set in stone. Discussion arose regarding lifting the hiring freeze to acquire some temporary summer staff. Abbott commented that local hires are great, but qualified people are paramount. After further discussion, it was decided to add the discussion of the organization chart changes to the upcoming strategy session.
Council Reports:
Regarding both the Klatt Building, and the Bayview Bridge, it was decided an update needs to come from staff. Abbott noted that if the scope needs to change, all the stakeholders need to be involved. Council agreed to revisit both these projects when Buhr can give a report.
Code of Conduct: After discussion, it was agreed that Council will sign a summarized version of the existing Code of Conduct, in order to meet provincial requirements, and then revisit the finer details of the Code of Conduct in the months to come. It was agreed that Broughton would distribute the initial document by email for Council members to sign.
Committee Reports:
Abbott introduced a wide-ranging discussion on the topic of the formation of the new Infrastructure Committee, which he proposed take the form of a select committee. He noted in the recently-published Mayor's Update, the committee had been formed as a standing committee by the Mayor. Municipal Advisor Deanna Campbell explained that the choice of committee formation is at the discretion of Mayor and Council. Diehl gave his opinion that a Standing Committee, where half of the members have to be council members, results in a more democratic management. The discussion of a Standing vs a Select committee, with impassioned arguments on either side, was so prolonged that the meeting had to be extended to 10:30 p.m. It was ultimately determined that as the previous standing committee had never formally been dissolved, that the Mayor's newly appointed standing committee would go forward.
Emergency Services Reports:
The March/April RCMP Report, found on page 45 of the agenda package was received.
Resolutions:
Acting Municipal Coordinator Marina Blagodarov was appointed as a Screening Officer. This position essentially deals with the clerical elements of the ticketing process.
Another discussion arose regarding the appointment of Village resident Mike Jury as a Building Inspector. As part of the discussion, Diehl noted that in the absence of experienced people currently in BC, providing a novice building inspector with mentorship might be the best case scenario. Abbott brought up the potential for conflict, considering Mike Jury is still working as a contractor in the Village. Cunliffe suggested that the previous building inspector Dave Butler might be interested in taking on the role of mentor to Jury. Reuter expressed his concern regarding the hiring of someone at Level One training, given the complexity of building in the village. He added that in light of Butler's "olive branch" to the village, he might be a good mentor to a novice building inspector. Berry noted an unnamed nearby municipality has offered mentorship and a form of exchange program to assist the new building inspector as needed. After a second extension of the meeting, Jury was appointed as the new building inspector by a vote of three to two, with Abbott and Reuter voting against.
Correspondence:
General correspondence (beginning on page 49) included two letters from George Harvie, Chair of the Metro Vancouver Board on a change of land use designation in Langley, and a change of venue for the upcoming Council of Councils meeting on June 10, which, coincidentally, will also be moved to the Langley Events Centre. A letter arrived from Dr. Alex Choi, the Medical Health Officer for Vancouver Coastal Health, asking council to promote round three of the BC Survey on Population Experiences, Action and Knowledge (SPEAK), with regard to the mental health of family members post Covid. And finally, a notification from E-Comm 911 invited a Council member to the upcoming AGM.
Resident correspondence begins on page 57. R. Lee Douglas wrote to complain about an election sign placed without permission on his property (page 57). On behalf of The Watershed, kc dyer wrote asking about the promised formation of a Parking Committee (page 58). Christine Little wrote asking that parking signs be more clearly labelled and that prohibited parking areas around fire hydrants be better defined (page 60). John Phillips wrote to thank Council for the grant to the Seniors Circle (page 61). Kambiz Azordegan wrote to reiterate his concerns over parking in Kelvin Grove (page 62). Douglas Miller requested that necessary repairs to culverts on Bayview Road take place before the paving project begins (page 64). Kristy Pappas offered a suggestion that barriers be implemented as an interim parking solution, plus suggested a pre-booking app as a long-term solution (page 65). Tony Cox wrote to resign his position with the Historical Society (page 67).
Rebecca Caspersen sent documentation of the garbage and fecal material left by hikers in the watershed (page 77). She also wrote regarding the increasing traffic and parking problems faced by residents of Mountain Drive (page 69). Norma Rodgers reiterated her questions about transparency in Council (page 71). Dennis Singh Minhas asked about high-visibility vests and hats for Bylaw Enforcement officers (page 72). Rose Dudley asked if Council, reflecting the Oath of Office they each must swear, will revise their hiring practices to avoid cronyism, and ensure that only the most qualified people are hired (page 73). Fred and Deirdre Bain asked that the policy of no limits placed on green waste be retained, and that wording of the waste collection schedule be clarified (page 74). Gail Craig wrote to ask that Council commit to follow best practices, bylaws and codes of conduct; that they prioritize municipal experience for candidates for the CAO and CFO positions, and that they plan ahead to deal with the impending costs of water treatment and infrastructure (page 57). Finally, Penny Nelson addressed what she called Council dysfunction, and the role the province plays in the process (page 79).
Responses to the previous month's letters were also included, as provided by Reuter on behalf of Council. These letters and responses begin on page 80.
Reuter noted that he will reply to residents' concerns on behalf of Council, and the motion to receive the correspondence was passed.
Cunliffe questioned the need to include the responses to previous letters in the agenda package, and it was decided that it would be put forward for discussion at a future meeting. Broughton suggested that recommendations be brought to the next meeting to establish both Parking and Highway committees.
Public Questions and Comments:
Online, Randi Byrne, speaking as a volunteer firefighter, said that he and other members of the department appreciated the attendance and offers for help from Mayor and Councillors at the Sunday fire.
And with that, the meeting adjourned after three hours and 40 minutes at 10:44 pm.
The next regular Council meeting is scheduled for June 20 at 7 p.m. Prior to that, the Climate Action committee is scheduled to meet at 7 p.m. on Monday, June 12. (June 14: Councillor Reuter's remarks have been edited to more accurately reflect his comments regarding the appointment of the building inspector.)
A note from the editor:
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