H.01 Mayor and Council External Correspondence Summary October 3, 2011
450 B. Velestuk Pictures in the Newspapers CAO 110366
451 Metro Vancouver Board in Brief CLERK’S 110426
452 Hon. C. Clark, Premier of Ninth Annual British Columbia HR&CP 110270 BC, Board Member, BC Community Achievement Awards Achievement Foundation
453 G.J. Edwards Pedestrian Signal on 56 Street and ENG 110269 1 Avenue
454 U. Easterbrook Dangerous Journeys Revisited ENG 110273
455 C. Houweling, President, Signage Request ENG 110275 Houweling Nurseries Group
456 G. Moore, Chair, Metro Government Staff Workshop on ENG 110427 Vancouver Waste Regulatory Mechanisms to Management Committee Increase Recycling in Metro Vancouver
457 B. Macdonald, Executive EPR for Post-Consumer Packaging ENG 110322 Director, Recycling Council and Printed Paper (PPP) in BC CC: CA&E of BC
458 P & L. Leese Lack of Affordable Housing in Delta CP&D 110343 for Persons with Disabilities and Mental Health
459 D. Biggin Royal York Neighbourhood CP&D 110368 Rezoning and 7500 Garfield Drive
460 J. Hoadley Deterioration of Slope Integrity CP&D 110379 Along Ravines
461 T. Cocking Southlands Proposal CP&D 110276 CC: CAO
462 J. Allen Southlands – Simon Fraser CP&D 110287 University/Study+Practice Dialogue CC: CAO
463 D. Bruchet Southlands CP&D 110346 CC: CAO
464 G.J. Edwards Southlands Could be our Central CP&D 110378 Park CC: CAO
465 D. Bolen September 12, 2011 Meeting of L/S, 110285 Council CP&D CC: CAO
F:\CorpRec Corr-Other\Agenda - Regular\2011\2011-10-03\1H01 Template.doc H.01 Mayor and Council External Correspondence Summary October 3, 2011
466 L. Pryce, et. al. Prospective New Turf Field at PR&C 110279 Cromie Park
467 G. McConnachie Boundary Bay Cemetery PR&C 110280
468 A. Arciniega, Executive Annual Tsawwassen Outdoor PR&C 110323 Director, Tsawwassen Movie Night Series Business Improvement Association
469 Hon. P. Bell, Minister of Foreign Trade Zones (FTZs) FIN 110278 Jobs, Tourism and Innovation
470 Mrs. H. Percy Badly Kept Properties BYLAWS 110268
471 Hon. B. Lekstrom, Minister of Commercial Vehicle Inspections POL 110277 Transportation and Infrastructure
472 B. Karlstrom, Public Banning the Use and Sale of CA&E 110272 Outreach Specialist, Cosmetic Chemical Pesticides in Canadian Cancer Society BC BC & Yukon Division 473 V. Poter, Director General, Fraser Delta Ramsar Wetland of CA&E 110364 Environment Canada International Importance 474 Hon. B. Lekstrom, Minister of Air Quality Impacts from the South CA&E 110365 Transportation and Fraser Perimeter Road Infrastructure 475 J.R. (Juggy) Pallan 9364-116th Street CP&D 110448
F:\CorpRec Corr-Other\Agenda - Regular\2011\2011-10-03\1H01 Template.doc Mayor _Council
From: Bruce Velestuk [[email protected]] Sent: Wednesday, September 21,2011 11 :31 AM To: CAO's Office; Mayor & Council Subject: Pictures in the newspapers
Mayor and Council,
I find it annoying that it seems every week a local paper includes your pictures in an advertisement for the Corporation. To ensure that I am not just sensitive to this perceived situation, could you provide me with the number of times in the past 6 months Councils picture has appeared in the newspaper and an estimate of the costs.
While I understand the need to support local newspapers from a political perspective, could the space not be used in a wiser manner, such as promoting a community event or group?
Sincerely,
Bruce Velestuk 585 Milson) Wynd
1 Board in Brief
For Metro Vancouver meetings on Friday, September 23, 2011
Please note these are not the official minutes. Board in Brief is an informal summary. Material relating to any of the following items is available on request from Metrof~1flfouver
"o ••.• 47'-;:"!LJd,,~J:l!?:.:.a""I'1"(C>fJ For more information, please contact either: Bill Morrell, 604-451-6107, [email protected] or Glenn Bohn, 604-451-6697, [email protected] A.T. 11':=~_L... J..'~'~ __ .o_. Commf,!n!s: r;c::t-f.'!<,r: Greater Vancouver Water District
Seymour-Capilano Filtration Project - Project Status Received
Tunnelling in the raw water and treated water tunnels is complete. Blasting of the underground chamber at the Capilano end was scheduled to resume in mid-September and take about eight weeks, Installation of shotcrete lining in the central sections of the tunnels continues. Restoration of the km 4 disposal site in the Lower Seymour Conservation Area is underway, The filtration plant is complete and treating water from the Seymour source,
Greater Vancouver Sewerage and Drainage District
Regional Organics Strategy Approved
The Integrated Solid Waste and Resource Management Plan calls for Metro Vancouver to work with municipalities to establish new organics processing capacity. The goal is to divert an additional 265,000 tonnes per year of food scraps, yard waste and soiled paper from homes and businesses away disposal by 2015.
The Board endorsed a regional organics strategy in which the regional district implements regulations and economic incentives to drive organic waste by the private sector, monitors local processing capacity, and prepares to enact greater regulation if required,
Inclusion of Milk Containers into the BC Deposit System Approved
The Board requested the Chair write a lelter to the B.C, Minister of Environment and the Union of BC Municipalities restating Metro Vancouver's support for a levy on milk containers as part of the recycling program and encourage other jurisdictions to take the same action,
This is provided for Council's information Provincial ruling on environmental assessment for Ashcroft Landfill Received
In 2004, Metro Vancouver submitted a proposal to the B.C. Environment Ministry to develop a landfill at the regional district-owned Ashcroft Ranch property.
On Sept. 9, 2011, the B.C. Environment Ministry announced that Metro Vancouver has not granted an environmental assessment certificate for its proposal.
Greater Vancouver Sewerage and Drainage District Sewer Use Bylaw No. Approved 299, 2007 - Staff Appointments
The Board apPointed Scott Brown and Sukhjeet (Sonny) Johal as Officers with legal powers to promote compliance of the bylaw.
Greater Vancouver Sewerage and Drainage District Municipal Solid Waste Approved and Recyclable Material Regulatory Bylaw - Staff Appointments
The Board appOinted Scott Brown and Sukhjeet (Sonny) Johal as Officers with legal powers to promote compliance of the bylaw.
Greater Vancouver Regional District
Tobacco Smoking Policy Approved
The Board prohibited smoking in Me,tro Vancouver Regional Parks, except for those areas designated as smoking areas, effective January 1, 2012.
This fall, staff will identify areas in parks where smoking will still be permitted. Criteria to identify areas where smoking is permitted are: Need to manage smoking activity at a place where people are likely to congregate for extended periods of time such as beaches, shelters, reservable buildings and campsites; Need to manage smoking activity to avoid pushing smoking activity further into undeveloped areas.
Additionally, smoking-permitted zones will only be designated where there is little risk of second-hand smoke exposure to others, smoking litter is contained and there is no risk of fire starts. In times of high to extreme fire danger ratings, smoking-permitted zones may be closed.
Proposal to Co-host the 2013 Special Park Districts Forum Approved
The Special Parks District Forum is an annual gathering of park, recreation and natural areas from the United States and Canada. The Board granted approval for Metro Vancouver to co host, with the Capital Regional District, the 2013 Special Park District Forum.
Colony Farm Regional Park Plan and Academy for Sustainable Food Approved Production '
Metro Vancouver is exploring the concept of a Sustainability Academy at Colony Farm, a former B.C. government-owned farm with some of the best agricultural soils in B.C. The Academy would focus on urban agriculture, sustainable food production, the study and protection of fish
Page 2 af6 and wildlife, and the provision of compatible passive recreation. A proposed $5 million capital program would involve 37 hectares of the 262-hectare park .
The Board adopted in principle the Draft Colony Farm Regional Park Plan for the purposes of public discussion and to explore external funding possibilities.
Greater Vancouver Regional District Air Quality Management Bylaw Approved No. 1082, 2008 - Staff Appointments
The Board, pursuant to the Environmental Management Act and Greater Vancouver Regional District Air Quality Management Bylaw No.1 082, 2008, appointed Scott Brown and Sukhjeet (Sonny) Johal as Officers.
MAXguide.org - Update Received
A staff report provides a six-month update of MAXguide.org - Metro Vancouver's new regional arts and culture events calendar. Since its launch in February 2011, membership has more than tripled, to 300 from 90.
Metro Vancouver 2011 Cultural Grants: Regional Projects Approved
The Board awarded cultural grants to the following organizations: 221A Artist Run Centre Society - $5,000; ArtsConnect Tri-Cities Arts Council - $5,000 Chor Leoni Men's Choir - $5,000 Community Arts Council of White Rock and District - $5,000 DreamRider Theatre Society - $7,500 Full Circle First Nations Performance - $7,500 Greater Vancouver Alliance for Arts and Culture - $5,000 Green Thumb Players Society - $5,000 I.E. Artspeak Gallery Society - $7,000 North Vancouver Community Arts Council. - $5,000 Pacific Cinematheque Pacifique Society - $5,500 Playhouse Theatre Centre of British Columbia - $7,500 Presentation House Gallery - $5,000 Satellite Video Exchange Society - $5,000 Societe francophone de Maillardville - $5,000 The Documentary Media Society - $5,000 Vancouver Opera Association - $5,000 West Vancouver Community Arts Council- $5,000
Additional Comments on TransLink's Draft 2012 Supplemental Plan and Approved Outlook
The Board advised the TransLink Board, Mayors' Council on Regional Transportation, and Regional Transportation Commissioner that: i. the reVised draft 2012 Supplemental Plan and Outlook provides an acceptable contingency strategy in the event that new funding sources, alternative to the proposed time-limited property tax increase, cannot be activated starting in 2013;
Page 3 of 6 ii. the proposed increase in the debt cap from $2.8 billion to $3.5 billion should be reviewed and modified as appropriate in the preparation of the 2013 strategic transportation plan, including reporting back to Metro Vancouver, to ensure the debt cap is set at an appropriate level and that approved funding sources and rates can support debt servicing; iii. it is undesirable from a regional planning and growth management perspective for future supplemental plans to follow the model of the 2012 Supplemental Plan and Outlook in which fund levels are fully accounted for but neither the precise funding sources nor their permanence have been assured;
The Board also advised the Mayors' Council on Regional Transportation that under the South Coast British Columbia Transportation Authority Act, it must consult with the Greater Vancouver Regional District Board of Directors on any proposed debt cap increase prior to taking action on a supplemental plan that proposes an increase in TransLink's debt cap.
It requested that the TransLink Board initiate in fall, 2011 a comprehensive consultation process with Metro Vancouver and the broader public on alternative funding sources and investments to support the new Regional Growth Strategy, regional environmental objectives, and the economic development of the region.
Comments on TransLink's Draft 2012 Supplemental Plan and Outlook Approved
The Board advised the TransLink Board and Mayors' Council on Regional Transportation that:
The consultation process on these vital TransLink planning documents is too compressed and in the future needs to be expanded sufficiently to respect the input that Metro Vancouver and others could provide; .
The inclusion of the Evergreen Line program in the draft 2012 Supplemental Plan and Outlook is consistent with the number one rapid transit expansion priority set out in the new Regional Growth Strategy
The remaining projects proposed in the draft 2012 Supplemental Plan and Outlook are consistent with the Regional Growth Strategy.
Transport 2045 should include a comprehensive and coherent strategy to invest in infrastructure and services to support the key growth areas identified in the Regional Growth Strategy and to facilitate the safe and efficient movement of goods and service vehicles in support of the economic development of the region and the air emissions objectives of the Metro Vancouver Board; TransLink should be requested to seek input from or participation by Metro Vancouver in that process.
Overview of Requested Amendments to Metro Vancouver's Regional Received Growth Strategy
A staff report, dated September 7,2011, provides and summarizes requested amendments to Metro Vancouver's Regional Growth Strategy.
Page40fB Request by the City of Coquitlam for Type 1 Amendment to the Regional Approved Growth Strategy
The Board initiated the process for an amendment requested by the City of Coquitlam to delete from section 6,3.4b) of the Regional Growth Strategy the phrase "Conservation and Recreation lands utilized only for commercial extensive recreation facilities," It also directed staff to provide written notice of the proposed Type 1 amendment to all affected local governments, with the intent to commence bylaw introduction in early 2012,
Request by the District of North Vancouver for a Type 1 Amendment to Approved the Regional Growth Strategy
The Board declined to initiate a Regional Growth Strategy amendment process for the amendment request by the District of North Vancouver to require a 2/3 majority Board vote to redesignate land from Agricultural to Industrial, where that land had previously been redesignated from Conservation and Recreation to Agricultural.
It also directed staff to incorporate within the forthcoming Metro Vancouver "Regional Growth Strategy Amendment Guidelines," guidance which specifies that the land designation history be documented and considered in the amendment review process,
Request by the District of North Vancouver for Type 2 Amendment to Approved the Regional Growth Strategy
The Board deferred consideration of the Regional Growth Strategy amendment requested by the District of North Vancouver with regard to the addition of Lower Lynn as a second Municipal Town Centre in the District of North Vancouver until such time as the District of North Vancouver brings forward a new Regional Context Statement.
Metro Vancouver Sponsorship - Speaker at International Walk 21 Approved Conference
The Board approved a Metro Vancouver sponsorship of $9,200 to fund a speaker at the 2011 Walk 21 Conference in Vancouver.
Regional Transportation Funding Sources: Investigation of a Container Approved Levy
As Canada's busiest port, Port Metro Vancouver is said to generate $22 billion in direct and indirect economic output. The Board requested that staff to work with TransLink, the province and the federal government to explore the use of a container levy, or other mechanisms of achieving federal participation, in advancing transportation and regional growth management objectives,
Municipal Auditor General Survey Approved
The Board decided not to respond to the "Municipal Auditor General Survey," but endorsed the UBCM context paper dated July 2011, suggesting that further policy analysis is needed to properly identify what issues or problems exist and the options for addressing them,
Page 5 of 6 Attendance at the 2011 Annual Union of BC Municipalities Convention Approved and Tour of Recycling and Energy Recovery Facilities sponsored by the Canadian Plastics Industry Association
The Board approve the attendance of Director Maria Harris at the 2011 Annual Union of BC Municipalities (UBCM) Convention, being held September 26-30,2011 in Vancouver, BC and a tour of recycling and energy recovery facilities on October 6, 2011 in Burnaby, sponsored by Canadian Plastics Industry Association.
Financial Projections for 2012 to 2016 Approved
Five-year financial projections are used to set the context for budget development. Overall, the projections will increase the "average household" cost in 2012 for district services by $43, compared to $57 in 2011. The average household remains at about $600,000 in assessed value.
The total annual household cost in 2012 is estimated to be $556 for that average household. In 2016, cost is projected to increase to $740 ifthere are no provincial or federation contributions to major capital projects.
Results of Alternative Approval Process for "Greater VancouVer Approved Regional District Sale of Property Within Kanaka Creek Regional Park Bylaw No. 1147,2011", and Proposed Final Adoption ofthe Bylaw
That the Board reconsider, pass and finally adopt "Greater Vancouver Regional District Sale of Property Within Kanaka Creek Regional Park Bylaw No. 1147, 2011".
Request for Type 3 Amendments to the Regional Growth Strategy Approved
The Board initiated the process for Type 3 amendments to the Regional Growth Strategy in accordance with section 857.1(2) of the Local Government Act and sections 6.4.2 and 6.4.5 of the Regional Growth Strategy for amendment requests received from:
the Cityof Coquitlam (Westwood Plateau golf course, existing public parks, riparian areas); City of Richmond (Terra Nova lands, Garden City lands, Department of National Defence lands District of West Vancouver (Old Growth Conservancy lands, expansion of special study area); and Tsawwassen First Nation (population, employment and dwelling data)
The Board directed staff to provide written notice of the proposed Type 3 amendments to all affected local governments.
Page6of6 BRITISH COLUMBIA ACHIEVEMENT FOUNDATION
Board of Directors TYPE: K~Vcw 4;eAd'{l DEPT -Kf+cf' Keith Mitchel/, QC August 25, 2011 Chair AT"# IIO;:Y30 . Comments: 0 au b ,.I"; 2..<0 \\ The Han. Christy Clark Q.'Cr~ \cl,; r0 ee +1', Kathleen Bartels I am pleased to announce the ninth annual British Columbia Community Achievement Awards. The awards celebrate the spirit, The Han. Pat Bell imagination and dedication of British Columbians who make a Robert Belton significant difference in their communities.
Kevin Bent We all know people who work tirelessly for the betterment of others either as committed volunteers or in the course of their work. These The Han. Ida Chong individuals bring strength to their communities and enrich our great province. Peter Eng I invite you to reflect on these British Columbians, who inspire us by Carol Henriquez, CM their example, and to nominate them for an award this year. Wendy john Thank you for supporting the British Columbia Community C. T. (Manny) jules, Achievement Awards. OBC Sincerely, Fanny Kiefer
Ron Lou-Poy, QC
Scott McIntyre, CM Christy Clark Ben Stewart, MLA Premier, Province of British Columbia Max Wyman, DC Board Member, British Columbia Achievement Foundation
MAYOR'S OFFICE SEP 07 2011 RECEIVED PO Box 3663 Stn. Terminal, Vancouver, British Columbia, V6B 3Y8 T: 604-261-977711-866-882-6088 F: 604-261-1964 [email protected] www.bcachievement.com
".Give back to the people WHO IS ELIGIBLE? who give the most in British Columbians who have made a significant contribution to their your community." communities are eligible for a BC Community Achievement Award. Nominees will have made a contribution in any area that provides a benefit to the community - either as a volunteer or in the course of their work. These include, but are not limited to, arts and culture, sports and British Columbia's communities are recreation, multiculturalism, environment, healthcare, education, civic shaped by the people who live in them, duty, business innovation, community volunteerism, philanthropy, and and especially by the contributions youth or seniors' leadership. of extraordinary individuals. Self nominations will not be accepted. Neither Members of Parliament The British Columbia Community nor Members of the Legislative Assembly, past or present, nor memb~rs of Achievement Awards celebrate British the Judiciary are eligible for nomination. Posthumous nominations will Columbians who go above and beyond· not be accepted. in their dedication and service to others and who devote time and energy to HOW IS SOMEONE NOMINATED making their communities more caring, FOR THIS AWARD? dynamic, beautiful, healthy, and unique. They inspire by their example. Any individual or group may nominate a current or former long-term resident of British Columbia by completing the attached nomination form The British Columbia Community and submitting it with: Achievement Awards are presented A letter describing the contribution of the nominee; by the British Columbia Achievement A brief personal history of the nominee; Foundation, a foundation established Two current letters of support for the nominee from individuals or in 2003 by the Province of British organizations that describe the value and impact of the nominee's Columbia to celebrate excellence in contributions to his/her cOllUTIunity. community service, enterprise, arts and the humanities. HOW ARE THE AWARD RECIPIENTS CHOSEN? An Advisory Council of independent community leaders reviews the The BC Community Achievement Awards nominations and selects approximately 30 award recipients. The Council are generously sponsored by Postrnedia will consider the impact of the nominee's contribution and commitment to Network, Canada's largest publisher of the community. paid English language daily newspapers, whose strong presence in Be includes WHAT DO THE AWARD RECIPIENTS RECEIVE? The Vancouver Sun, The Province, The In the Spring, recipients will attend a formal ceremony at Government Times-Colonist and numerous community House in Victoria. The Lieutenant Governor and the Premier of newspapers throughout the province. British Columbia are invited to present the recipients with the British Columbia COllUTIllility Achievement MedalHon, a special commemorative medallion designed by renowned BC artist, Robert Davidson.
Cultural hero, spirited, undaunted, fearless, bold Raising our awareness to a higher understanding
- Robert Davidson
BC Community Achievement Awards Tel: 604.261.9777 or Toll Free: 1.866.882.6088 Email: [email protected] or Web: www.bcachievement.com BRITISH COLUMBIA COMMUNITY ACHIEVEMENT AWARDS NOMINATION FORM
Please complete all four sections: Nomination deadline: November 15
NAME (MR.lMRS./MS.lMISS/DR.l YOUR COMPLETED NOMlNATlON PACKAGE MUST lNCLUDE: HOM£ ADDRESS 1. Completed nomination form CITY ITOWN I PROVINCE! POSTAL CODE 2. Three letters: (maximum 500 words each) A letter from the nominator giving the DAYTIME TELEPHONE I EVENING TELEPHONE I £MAIL reasons for nomination.
ORGANIZATION {IF API'lICAJHEl Two letters of support for the nominee from other individuals or organizations ORGAN IZATION ADORESS ([1' API'UCA~LE)' CiTY! TOWN / PROVINCE I POSTAL CODE that describe the value and impact of the contributions of the individual. Is the nominee a current or former long-term resident orBG? Yes/No 3. Brief biographical overview of the nominee as it relates to the nomination. • • NAME (MR../MRS./MS.lMISS/DR.) 4. Optional:· Up to five pages of additional material about your nominee. ADDR.E5S 5. Please do not send submission packages in binders or folders.· CITY fTOWN I PROVINCE / POSTAL CODE
DAYTIME TELErHONE I EVENING TEUPHONE MAlUNG lNFORMATlON:
EMAIL I ORGANIZATION (IF Al'PLICABL,E) Mail or courier completed nomination package to: BC Community Achievement Awards please provide your reiMiprlship to the nominee and also indicate how long you have known the nominee. clo 6209 Angus Drive Vancouver, BC V6M 3P2
I have provided or made provision fOT all the nomination material required for a completed nomination package. For more information, please contact Tel: 604.261.9777 or ToU Free: 1.866.882.6088 Email: [email protected] SIGNATURE OF NOMINATOR DATE Website: www.bcachievement.com List the individuals who are providing a letter 0/ support/or the nomination. Please note that it is the responsibility of the NAME (MR.lMRS.lMS.lMISS/DR.) nominator to ensure that the nomination is complete,
TITLE AND OR.GANIZATION (IF A~PUCABLE) including the receipt of support letters by the deadline. All material received will be kept confidential.
ADDR.ESS Privacy Policy CITY ITOWN IPROYINCEI POSTAL CODE The British Columbia Achi~vement Foundation
DAYTIME TELtPIiONE EMAn is committed to protecting the privacy of people through responsible management of information please provide your reiationship to the nominee and also indicate how long you have known the nominee. received. Nominations are confidential between the nominator and the Awards program . • NAME (MR.lMRS./MS.lMISSIDR.) You may view the complete privacy policy at www.bcachievement.com or by calling the office TITLE AND ORGANIZATION (11: APPllCAI!LE) for a copy.
ADDRESS
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DAYTIME TELEPHONE I EMAIL Generously sponsored by Please provide your relationship to the nominee and also indicate how long you have knoll'n the nominee. POSTM EDllYNETWORK
b
8 Mayor Council 2!il From: Greg J. Edwards [[email protected]] Sent: Wednesday, September 07,2011 1 :02 PM To: Mayor & Council Cc: Hugh Fraser; Gordon Botha Subject: Mr. Botha's email "Pedestrian signal on 56 street at 1 Avenue"
Importance: High
Mayor & Council:
Instead of keeping it short, I should have written my Aug 31
Mr. Botha's email "Pedestrian signal on 56 street at 1 Avenue" has been forwarded to me. I know that STOP signs are "mandatory for all road users." I know too that once stopped one can carryon turning north or south "if it is safe to do so." The STOP sign is a very clear signal, no ambiguity about it. However, the interim use of a WALK signal to tell drivers on 1st Avenue that opposing traffic is "usually" governed by red traffic lights is confusing. Mr. Botha, himself, writes in his email that this WALK signal "is usually the indication that the opposing signal is red." Note his use of the word "usually". I and a few drivers who've used this intersection since this interim use of WALK to --"usually"--signal GREEN see its ambiguity, which has caused a few dodgy situations.
Southbound traffic lined up two lanes wide through this intersection and down 56th Avenue hill blocks the a north turner's view of the WALK signal and his view of northbound traffic, so while honking and signaling his intention to use the intersection to turn north through a gap in southbound traffic, he has try to see through the southbound line-up in order to determine whether the northbound lane is stopped for the WALK and red. Why? The fact that southbound drivers have blocked the intersection suggests to some north bounds that they can proceed through the intersection--perhaps the signals aren't working?--a situation that is no safer than before the WALK signal was set to indicate that it "usually" means whatever it is supposed to "usually" mean, at this intersection.
There's quite a lag between the time a car stops in the left turn lane on 1st and the appearance of the WALK signal; in this lag, south and north traffic can clear enough for the the northbound driver to make his turn, leaving north- and southbound drivers to come up to a change of lights to red for no reason--perhaps the lights are malfunctioning? perhaps it's OK to proceed south? or north? or west? Unfortunate+y, too many drivers don't signal their intentions to turn and more than one driver will decide to proceed at the same time in spite of the STOP and two reds ...
Or a driver coming to a stop at the STOP on 1st Avenue while traffic on 56th Street is stopped for red and WALK signals when no pedestrians are in sight can cause doubt about the proper functioning of this intersection's traffic signals, so she hesitates and waits. The opposing drivers see that she's not turning, so why are they stopped? Perhaps the signals aren't functioning properly? .... For brevity's sake, I won't describe the two dangerous situations I've seen play out in this scenario. However, I will say that many drivers see a situation such as this one as a chance to boot it on through with no regard for opposing drivers.
Nobody in air traffic control would dare use an ambiguous signal. I know that in train dispatching, an unclear signal, formal or otherwise, is a clear signal to bring everything to a halt until clarity is restored.
I wish Delta luck during its interim use of WALK to mean whatever it "usually" means at this intersection that has needed proper traffic control signals for at least 40 years.
1 And I thank Council for putting out a call for bids on installing a proper set of signals.
Yours truly,
Greg J. Edwards 5078 Walker Avenue Delta, B.C. V4M 1A7
604-948-5149
2 Karen Waterberg 4\ From: Greg J. Edwards [[email protected]] Sent: Wedryesday, August 31, 2011 1:47PM p3 .....; To: Mayor & Council :I;l Cc: Murphy, Ted ~ Subject: 1st&56th iBS '.-'-'.... Mayor & Council: ,~ g=',::iI Are you trying to make the three-way intersection at 1st & 56th more difficult to use that it already is? Recently, workers embedded wiring in 1st that causes cars and trucks to trigger the Walk signal--since when did automobilists drive as if they were wanting to walk across a street? 56th Street in this case. Shouldn't there be a red-amber-green set of lights for traffic wishing to turn north and south to go along with the traffic-triggered Walk signal?
And what about that dinky little "Do Not Block Intersection" sign suspended above the crosswalk? Could you make it just a little smaller so that no driver has a hope in hell of , seeing it let alone reading it and heeding it? Oh, I know there's a larger version of this dinky sign posted on the shoulder, but when American-bound traffic--which includes tankers, trucks'and semis--is backed up two lanes wide down 56th, it is often obscured or ignored by those who block this intersection out of fear that those wanting to turn from 1st might sneak into the border line-up ahead of them. Making that suspended sign just a little smaller yet would give these louts a bigger, excuse yet to block traffic from 1st.
And the NEXUS lane: Since when did the outside lane north of the intersection, down 56th, become an extension of the NEXUS lane?
I've read"that there's a wiseacre in Delta's employ who doesn't understand this intersection, so he doesn't feel it needs his attention let alone proper traffic signals. Perhaps we could suspend him beside that dinky "Do Not Blocl< Intersection" sign until he gets it? Yours truly,
Greg J. Edwards 5078 Walker Avenue Delta, B.C. V4MIA7
604-948-5149
Afull signal is being installed this October at 56 Street and 1 Avenue, together with larger overhead "do not block intersection" sign age. The vehicle detection on 1 Avenue was installed as a temporary measure prior to the full signal, to assist motorists turning left onto 56 street from 1 Avenue.
1 Mayor _Council
From: Ursula Easterbrook [[email protected]] Sent: Monday, September 12, 201112:03 AM To: Elliott John Cc: Millikin Rhonda; SChneider Saul; Anne Murray; Huntington Vicki; Gentner Guy; Mayor & Council; Amir Aminpour; Scott Harrison Subject: Dangerous Journeys revisited
Last year about this time I wrote a note explaining the problem with bird kills by the wires along the 17a dyke beteen l7a and the private road north of the fields. The wires along 12th Ave were done, not along l7a. Needless to say, they needed doing, as well, but.. Anyway, I wrote to Amir who was interested awhile ago (see letter below), and nothing has happened so far. Unfortunately, migrating season has started already and we're looking at another season of dead birds.
Hopefully, something will be done sooner than later? Hopefully, as ever,
Ursula
Hi All, thank you (again) for stringing the bird deflectors along the dyke at the end of 12th Ave outh of Beach Grove Lagoon, to the pump house; everyone has complemented me for getting it done - so a very visible effort by Be Hydro.
Unfortunately, (for me and the birds that die there) the place I had indicated was at the NORTH END of Beach Grove Rd at the junction with l7a - where the power line parallels the dyke, heading north to the private road along the fields.
Google Earth: from 49*02'04.50" N by 123*03"14.98" W.
Access through the road at: 49*02'27.62" Nand 123*04'06.99" W
There are many poles, but only the exposed wire loops (in the open fields,not shielded by treesfbushes) need deflectors, 2 east of "Grauer Wood" and then 3 just before the house being renovated at the end of the private road that is locally called Grauer Rd, I believe.
The birds won't come back till late June in small numbers and the in September/October in large numbers, so you have till then to look at it, get the supplies, and do it!
There is a new owner who is renovating the house at the dyke end of the private road - maybe he wold be willing to have his power come from the line running along that little road and the other lines could be cut and off.
Thank you for listening to me, again! and I do hope there is a solution this time.
Sincerely
Ursula Easterbrook 1 1444 Enderby Ave, Tsawwassen
2 .. - .. I::J
From: Ursula Easterbook [[email protected]] Sent: Thursday, November 04,20103:31 PM To: Mayor & Council Cc: Richard Swanston; Cummins, John - M.P.: Anne Murray; huntington; Gentner.MLA, Guy; Blackbird, Tom WLAP:EX; [email protected]; Editor OpUmist; Ken Kuntz; [email protected] Subject; Dangerous Journeys 2 Attachments: P1270191.JPG
Hi Alt again. (>:)dl~'rL:-, ", y-1 ~'" ,_, J , [noticed today that there arc no !lags on the lines running to the pump station along the 12th I\,:e dyke -\l;~re" arc reports from Richard thai there are lj'equently Great Blue Herons who die there.
Ursula
IIi All, I want (0 clww your attention to the line of poles that extend from Beaeh Grove Rd (and 17 A) NORTH along the field road to the house at the end of the private road, jllst at the entrance to the dyke. They carry several high, very thin, almost Invisible wires and there is nothing on them to warn birds, Lower down are several cablc wires, one of which is labelled with a red eone to warn people that it has sagged almost (0 the ground.
Snndpipel's ancl ducks congregate to the west in the (Ields ancl then t1y through the wires to the beach. At this time oryear, I usually walk along the farmers track to gel to the dyke, Right now, EVERY day I find nlleast 1"3 dead hirds - sOllle with obvious broken wings, others with no apparent injury (see attached photo); I tlnd it especially heart-wrenching when J find live birds - so now [ avoid the issue by not walking there any longer - I can't wring necks of injured birds.
BUT. 1 would like to wring Whoever's neck it is who thought of putting slich thin wires there without llags, right in the path o[migrator), birds, Since the po]cs are multi-use, it would take everyone (Hydro, Teills, Cable?) to move t11e111 , Since that end honse was built, the milities arc now coming down the private road to service all the other new hOllsesalong it, and therefore within aJew fcct of the last hOllse. [ think you should get someone to look at moving the wil'es and poles. That will lake a long time, so putting ribbons/t1ags on the wires would do - but it has to be clone soon! I look forward to seeing that happen soon. Ursula Ellsterbrook 1444 Enderby Ave .. 604-948-1749
The power lines are owned by Be Hydro. Staff have referred this issue to BC Hydro's environmental specialist for a response.
Michele Harris
From: Ursula Easterbook [[email protected] Sent: Monday, November 08,. 201012;30 PM To: Mayor & Council Cc: Richard Swanston; Cummins, John· M.P.; Anne Murray; huntington: Gentner.MLA, Guy: Blackbird, Tom WLAP:EX: [email protected]; Editor Optimist; Ken Kuntz; Wilson,Lilurie [PYR1: Elllott,John [PYRj: Millikin,Rhonda [PYRj; Schneider,Saul [PYRj . Subject! Dangerous Journeys· Miracles Happen
Hi All, Someone, maybe Vicky who e-mailed me too, forwal'ded the message to the ,-ight personl Thanks to John Elliott who forwal'ded the e-mail to Laurie Wilson, Scott Harrison from Be Hydro phoned me last Friday to say he was coming to look at the situation and then today, that he was getting the linesmen to come and remedy it, soon. Hoorayll So, thank you all - I walked the line today and found 2 new piles of feather's - one Dunlin and one othel', largel' bird. Yesterday there was only aile pile - Dunlin, r think - no Uve birds, thank goodness.
Thank YOll - 1'11 e-mail you all when the. job is done.
Ursula Easter'bl'ook 1444 Enderby Ave., 504-948-1749 LE # () 5J:fO./bO Mayor Council A """'""'~'-"*-"-~~"~ is "Tl From: Casey Houweling [casey,houweling@houwelings,comj Sent: Monday, September 12, 2011 10:40 AM \!l To: Mayor & Council Subject: Signage request ocol5 ~k(""8~10;L~C;' 31 c::- NG ffl ~~,~, -~.~L~"'r~"""~ q:] Your Worship and Members of Delta CounCil, r:om#:J1m~.'. men!s:OO,ubN 3JII "~" ~l::;'3 PI. e~ "11M ttl ee HYI ,:=:' Our greenhouse is located at the south end of 64th Street Between our propagation business, and our tomato :J x;:. production, we have 2,500 semi-trailer trucks entering the property on an annual basis, '
We have had several complaints from surrounding neighbors, and from the trucking companies who deliver here. These are the issues, 'and our recommendations:
th 1. Thece is a 10,000 KG weight restriction on 64 , at the north end residential area. Our regular truckers know of this, and by-pass this section. However, new drivers are not aware of this restriction, until they turn onto 64th (where the sign is situated) from Ladner Trunk Road. By this time, they are already committed to continue on th 64 , as there is nowhere for them to turn around. We would like to see this sign located on both the east and west side of 64th on Ladner Trunk Road, so that truckers have time to react and find an alternate route. Signage should also be posted at on 64th north just past the overpass, so trucks, do not continue down 64th.
2. 64th Street is a narrow 2-lane rural road with deep ditches on either side. It is used by commercial traffic, cars, pedestrians, cyclists and horseback riders. We've had complaints from cyclists and horseback riders that cars and trucks do not slow down enough when passing them. Perhaps equestrian and/or pedestrian signs can be posted between 34A Ave. and the dyke at the end of 64th so that drivers are more aware of other road users.
3. The south end of 64th has dyke access. This fact is advertised by signs on LTR. The dyke is used by pedestrians, cyclists and horseback riders. There is only parking for maybe 5 vehicles, so many vehicles, including trucks pulling horse trailers, park on the shoulder of the roads. Our main pack house is located at the southernmost driveway. As we all know, semis need lots of room to make turns, and must use the shoulder of the road. Quite often, the drivers cannot safely make the turn because of parked vehicles in the way. "No Parking" signs be th installed on the west side of 64 , adjacent to all three of Houwelings driveways. Also, because the dyke is considered a "park", more parking should be made available for visitors so that they don't interfere with residents or business in the area.
Most of the deliveries and pick-ups to/from our greenhouse is arranged by either our vendor or out customer. We cannot control or educate the outside truckers, only our own employees. This is why we feel improved signage would help with all ofthe issues.
Regards,
Casey Houweling, President Houweling Nurseries Group Tel: (604) 946-0844 Fax: (604) 946-9158 Cell: (604) 613-0072 Website: www.houwelins.com
1 456
~4 .. ~~.~~(;).~~.~~ouver ......
~ 4330 Kingsway, Burnaby, BC, Canada VSH 4GB 604-432-6200 www.metrovancouver.org Executive Offices Tel. 604432-6215 Fax 604 451-6614
SEP 23 2011 File: PE-13-01-SW-011
Mayor Jackson and Council TYPE: K~J.M.{iliV" A"j erdl'L Corporation of Delta DEPT: 4500 Clarence Taylor Crescent E;.N(1 Delta, BC V4K 3E2 A.T. #: \\Ql\'d1= Comments: 0 L -to bl.; ;Sit c ~1vll
Re: Government Staff Workshop on Regulatory Mechanisms to Increase Recycling in Metro Vancouver
Metro Vancouver's new Integrated Solid Waste and Resource Management Plan identifies several regulatory mechanisms designed to further divert material from disposal.
Your staff are invited to attend any or all sessions of a government staff workshop regarding potential regional and municipal bylaw modifications designed to maximize recycling. The workshop will take place on Tuesday, October 4,2011 at the Firefighters' Club Banquet & Conference Centre, 6515 Bonsor Street (Metrotown), Burnaby and is divided into three sessions, as follows:
Session 1: Solid Waste Regulatory Bylaw Review (SWRBR) 8:30 - 10:45 a.m. Potential revisions to Metro Vancouver's Municipal Solid Waste and Recyclable Material Regulatory Bylaw, which governs the management of municipal solid waste and recyclable material at privately-operated facilities.
Session 2: Mandatory Recycling on Demolition, Landclearing and Construction (DLC) Worksites 10:45 a.m. -1:45 p.m. Recommended municipal regulatory approach to impose requirements in relation to waste disposal, recycling, and hazardous materials reporting on construction and demolition sites through building and demolition permitting processes.
Session 3: Mandatory Space for Recycling in Multi-family and Commercial (MFC) Buildings 1 :45 - 4:30 p.m. Recommended municipal regulatory approach to mandate recycling infrastructure requirements for new and renovated multi-family and commercial buildings through development permits.
The objective of this workshop is to provide information and opportunities for input to government staff regarding each of the three initiatives.
A light breakfast will be served prior to Session 1 and a light lunch will be served during Session 2.
Invitees to this workshop include staff from: • Metro Vancouver member solid waste, planning, permit and licenSing departments • Metro Vancouver technical advisory committees • First Nations • adjacent regional districts • agencies.
This invitation has been forwarded to Municipal Staff for their consideration.
5437148 Metro Vancouver Authorities Government Staff Workshop on Regulatory Mechanisms to Increase Recycling in Metro Vancouver 2
Invitees are requested to RSVP by Friday, September 30 for the workshop and the specific session(s) they plan on attending to:
Email: publicinvolvement@metrovancouver,org or Phone: Sandra Niven at 604-451-6125
For information regarding the proposed regulatory mechanisms please visit the Metro Vancouver website at www.metrovancouver.org and follow the paths listed below:
Session 1: Solid Waste Regulatory Bylaw Review (SWRBR) Path: Boards> Bylaws> Bylaws Under Review> Solid Waste Regulatory Bylaw Review Click on: • Issue Paper for Proposed Revisions to Metro Vancouver's Solid Waste Regulatory Bylaw • Issue Paper for Proposed Revisions to Metro Vancouver's Solid Waste Regulatory Fees
Session 2: Mandatory Recycling on Demolition, Landclearing and Construction (DLC) Worksites Session 3: Mandatory Space for Recycling in Multi-Family and Commercial (MFC) Buildings Path: Planning> Solid Waste and Recycling Planning Click on: • DLC Recycling Model Bylaw - Regulatory approach 1 • Guide and Sample Bylaw for DLC Recycling Targets on Worksites - Regulatory approach 2 • Multi-Family and Commercial Building Recycling Space Sample Bylaw • Multi-Family and Commercial Building Recycling Space Bylaw Guide
Note: A workshop for industry representatives will be held on Friday, October 14, 2011.
Metro Vancouver invites input and will consider all comments in the development of these regulatory mechanisms. Workshop invitees will receive a summary of the proceedings to assist with the preparation of comments. If staff are unable to attend the workshop or have additional feedback, they may send comments to:
Email: [email protected] Please note in subject line: RMIR (Regulatory Mechanisms to Increase Recycling)
Mail: Gaetan Royer, Metropolitan Planning, Environment and Parks Department Manager Linda Shore, Solid Waste Department Manager c/o Public Involvement Division Metro Vancouver 4330 Kingsway Burnaby, BC V5H 4G8
The deadline for all feedback on the three regulatory initiatives is November 30, 2011,
Following consideration of the feedback received during this consultation, Metro Vancouver staff will modify the bylaw approaches as necessary. The regulatory mechanisms, along with consultation reports, will then be forwarded to Metro Vancouver's Waste Management Committee and Board for approval. Amendment to Metro Vancouver's own Solid Waste and Recycling Bylaw also requires the approval of the provincial Minister of Environment.
We look forward to your staff's partiCipation in developing regulatory mechanisms that will serve as a step towards a more sustainable region.
Yours truly,
Greg Moore Chair, Metro Vancouver Waste Management Committee
GMJtj/rb 5437148 Mayor ".Council
From: Recycling Council of BC [[email protected]] on behalf of Recycling Council of BC [[email protected]] Sent: Thursday, September 15, 2011 10:55 AM To: Mayor & Council Subject: EPR for Post-Consumer Packaging and Printed Paper in B. C.
EPR for Post-Consumer Packaging and Printed Paper (PPP) in B.C. Email not displaying correctly? View it in your browseL RCBC Letter from RCBC
Address EPR for Post-Consumer Packaging and 10-119 W. Pender St. Vancouver, Be V6B 1S5 Printed Paper (PPP) in B.C. -Canada
Contact T: 604.683M09 F: 604"683.7255 September 15, 2011 W: www.rcbc.bc.ca E: [email protected] Mayor Lois Jackson and Council Corporation of Delta
I am writing to you on behalf of the Recycling Council of British Columbia to inform you of an important regulatory change that will soon affect your community.
On May 19, 2011 the Government of B.C. added Schedule 5 to the B.C. Recycling Regulation. This makes industry responsible for managing post-consumer packaging and printed paper (PPP). This change will take place over a 36- month period from the date SChedule 5 was enacted. By the end of that time, industry must have a B.C. Ministry of Environment (MoE) approved plan in place to provide and fund an Extend"d Producer Responsibility (EPR) program for PPP
1 throughout B, C,
This means that at the end of that transition period, municipalities would no longer need to provide recycling and waste services for those materials, thus removing the cost of dOing so from their budgets, This may prove to be a significant cost-saving for some communities once the responsibility of these materials moves to EPR, just like other products now covered under the Recycling Regulation,
B,C, already has more than a dozen EPR programs that are managed and funded by industry. These include:
• Beverage containers (soft drinks, beer, wine, spirits) • Paint, pesticide and flammable liquids • Used lubricating oil, oil filters, oil containers, anti-freeze • Electronics (computers, TVs, printers, laptops, MP3 and music players ....) • Small appliances • Tires • Medications • Fluorescent tubes and compact bulbs • Lead-acid batteries • Rechargeable and single-use batteries (AA, AM, C, 0, etc.) • Cell phones • Thermostats and smoke detectors
More products will be scheduled under the Recycling Regulation in the coming years.
The PPP materials covered under SchE!dule 5 will mean a significant expansion from what is currently collected in most blue box programs. It will literally include all the packaging for goods found on grocer and retail shelves, as well as,
2 newspapers, flyers, magazines, phone books, etc. Bound books are the only exception. Fast food packaging such as clamshells, cartons and disposable coffee cups are also included.
The expansion of coverage not only includes materials collected in municipally funded blue box recycling programs, but from the municipal solid waste (MSW) stream as well. It will be in the best interests of communities if the amount of PPP currently found in MSW were diverted from landfills to the EPR program(s) created under Schedule 5.
Industry has established an organization called Multi Materials British Columbia (MMBC) to act as the stewardship agency responsible to develop an EPR plan. The industry groups that have formed MMBC are:
1. The Retail Council of Canada 2. The Canadian Federation of Independent Grocers 3. The Canadian Newspaper Association 4. The Canadian Restaurant and Food Services Association 5. The Food & Consumer Products of Canada
MMBC has not yet determined how this service will be delivered, but one of many options would be for it to fund and manage an expanded blue-box type of curbside system.
RCBC is taking steps to assist local governments and other stakeholders in the transition from the current municipally managed system to that of EPR managed by MMBC. Over the coming months, RCBC will develop a report on the issues facing local governments and other stakeholders such as nonprofit and private recyclers.
In cooperation with MoE, RCBC will act as a hub of information and assist .in the public consultation process. Information about
3 meetings scheduled this fall to discuss PPP issues can be accessed at the following link: http://rcbc.bc.ca/education/product-stewardship/packagingepr. Meetings have already been set for Prince George, (Oct. 11) Kelowna, (Oct. 12) and Burnaby (Oct. 13). Other meetings will follow. RCBC will regularly post updates and issue alerts as more information and opportunities for public engagement becomes available.
Clearly it is in the best interest of any community considering contracts or programs related to the management of these materials to be as well informed of the process as early as possible and to take into consideration the 36-month timeframe for transition to industry responsibility.
If your municipality is not an RCBC member, we may not have a staff contact within your organization to provide you with information updates. If this is the case, and you would like to ensure there is no disruption in communication during this critical period, please contact Ben Ramos at [email protected] or 604 683-6009 ext. 314 to become a member or to find out more.
Thank you for your time and attention to this important issue concerning all British Columbians. If you have any questions regarding the PPP initiative please feel free to contact me.
Sincerely,
Brock Macdonald Executive Director [email protected] 604 683-6009 ext 307
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Copyright © 2011 Recycling Councif of British Columbia, All rights reserved
4 ,;,"",y..... "=~~""~===~~~~~=~~'=='=~~""'~~""=~ ~ RCBC would like to keep you up-lo-date with the latest changes to B.C.'s Recycling Regulation Our-mailing addr~ss is: Recycling Council of Brftish Columbia Suite 10 - 119 W. Pender Street Vancouver, BC V6B 185
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5 J September 15, 2011 Delta Council Ladner, BC Attention: Mayor Lois Jackson & Municipality of Delta Council Dear Mayor & Council: Regarding: Lack of Affordable Housing in Delta for Persons with Disabilities and Mental Health As part of the correspondence that you have received from several members of the Delta Community including Shirley Anne & Michael Reid, Kevin & Sarah Reid, Anne McCaw, Mary Lynn Cassels & Brian Hansen, we would like to contribute our concerns over the lack of affordable housing options for individuals with disabilities and mental illness in both the South & North Delta area, We feel that Delta's individuals who have disabilities and mental illness should be able to obtain housing in the community they were raised-and supported in after they have transitioned into adulthood, We have two children with developmental disabilities and mental health issues that now require or that will require affordable housing options in the near future, Individuals with disabilities requ ire the opportunity to live life in their community and have housing options made available that help to support their chosen way of living. Aging parents need to know that the community in which they have committed to being part of during the many years of raising their children is supportive in ensuring that appropriate housing support options are in place so that individua Is with disabilities can continue their community ties long after parents are no longer in a position to help support these needs, I urge council to make affordable housing a priority in Delta for individuals with disabilities and mental illness in both North & South Delta so that these individuals can continue making the choice of having Delta their home and continue to receive their support services they have come to rely on. While funding is available, we urge you to create housing options throughout Delta that would allow these valuable members of SOCiety find stability in the city they call home. Thank you for your time and commitment to such an urgent priority. Regards, Paul & Linda Leese cc: Vicki Huntington, MLA Guy Genter, MLA Mayor C~uncil From: Linda Leese [[email protected] Sent: Monday, September 19, 2011 8:59 PM To: Mayor & Council Subject: Lack of Housing in Delta BC for Individuals with Disabilities and Mental Illness Attachments: Special Needs Housing.PDF (-0\ Please find attached correspondence in regards to my concern about the lack of resources for affordable housini: for individuals with Disabilities and Mental Illness. . " I appreciate your attention to this serious issue in Delta. Regards Linda Leese 604-953-1900 1 Mayor Council From: Liz/Don [[email protected]] Sent: Tuesday, September 20,2011 8:57 PM To: Mayor & Council Cc: Thomas Leathem; Michael Ruskowski Subject: Royal York Neighbourhood Rezoning and 7500 Garfield Drive . TYPE~JY(}n/1 DEPT: _sf..yf) * * AT #_ ll(),~~ To Mayor Jackson and Council: Comments: Ow\:t,:? 1,0/ ( I, ~IA!fL r me ell)71 _*Re: Royal York Neighbourhood Rezoning.* _Mayor Jackson below is a very brief sumnrary of what has occurred regarding the above rezoning: - In very early Spring 2010 you requested, at a Council meeting, that the Corporation of Delta staff assess what can be done in the Royal York neighbourhood to reduce the house height concerns that have been coming up in this neighbourhood each time an existing house is replaced with a new one. - By early summer 2010, some of the Royal York residents felt that nothing was being done regarding your above request, so with help from Delta's Community Planning & Development staff the residents initiated a "Neighbourhood Area Rezoning Standard Petition" (File LU006157) . - By. early December 2010 78% of the 146 residents (114 out of 146 residents) in the petitioned area had signed the petition in favour of the rezoning application. - February 1st, 2011 there was a Public Information Meeting held to discuss File LU006157. - The outcome of the above meeting was to have a second Public Information Meeting around the end of February 2011. This meeting never occurred. - May 5th a meeting with a smaller delegation of Royal York· residents was held with Tom Leathem and Mike Ruskowski giving an update on the issues involved with the proposed rezoning. Another meeting was to be held in two weeks. This meeting never occurred. - June 22nd a second Public Information Meeting was held. At this second Public Information Meeting we were advised that because of a number of issues the Planning Department feels it is not possible to come up with solutions that would not render any properties legal, non-conforming. It concerns us that the Planning Department were not aware of the issues that have supposedly arisen from the petition - issues around house height, which is the sole focus of the petition, floor areas, setback requirements etc. At no time in our discussions with planning personnel in setting up the petition were we advised that issues like these could or would arise rendering any properties legal, non conforming. Since this is the Planning Department's area of expertise we expected that they would be aware of these issues at the outset and advise us accordingly. It is our opinion the petition is not the cause of these issues. It is the replacing of an older set of zoning By-laws with a newer set that is causing the issues. We believe that the Royal York neighbourhood is so unique in Delta that the area warrants current zoning By-laws be tailored to preserve its uniqueness. The Planning Department continues to ignore two important facts: 1/ The Royal York Neighbourhood is an established development and 2/ The neighbourhood is built on a sloping hillside. Because of this slope, many of the lots can accommodate relatively low vertical height homes, measured from street level, while still accommodating relatively large living area square footage. It is well understood that in recent years the Planning & Development Department has been encouraging increased vertical house height for new developments throughout Delta. However, once again, due to the sloping topography this approach does not work well in the established Royal York neighbourhood. 1 With the petition we were attempting to preserve the V1Sl0n of the original developer of the Garrett and Garfield Drives area, which was to ensure houses are appropriately designed to take advantage of the topography of the site and preserve the view from adjacent properties. Significant changes in house heights in an existing neighbourhood, especially one like ours, that was originally designed to respect and preserve views from adjacent properties will have a negative impact on many residents over time. The 114 out of the 146 households, that were in favour of the petition, have not been treated fairly by Delta Planning. Delta's Community Planning & Development staff have often been helpful, but there have also been numerous occasions when we had no reply to questions, we have been given incorrect information or the information we have been given changes later on. The process has been very frustrating leading to a distrust by the Royal York residents directly involved in dealing with the Corporation of Delta. The entire process has taken too long and we don't believe our concerns were taken seriously. Mayor Jackson we would appreciate you reviewing File LU006157 to see if in fact something more can be done to reduce the house height concerns in our nelghbourhood. At this time we have decided to withdraw our petition. We may decide to do another one at a later date. However, unlike the last petition, where we did several months of work just to find out what we were requesting in the petition was not realistic, we would like input from Delta Staff and Council, confirming that what is contained in a new petition is in fact realistic. Suggested new petition conditions: 1/ ALL HOUSE HEIGHTS FOR EXISTING AND NEW HOMES TO BE MAINTAINED AT EXISTING LEVELS, EXCEPT THOSE THAT ARE NOT 16 FEET HIGH MEASURED FROM STREET LEVEL. (Because the Royal York neighbourhood is an existing neighbourhood, all home heights have already been established for each lot. If an existing home is removed than the new home to be built on the same lot would not be allowed to be built higher than the home that was removed. The height of the o,iginal home on each lot can be determined by a surveyor prior to its removal. If the home is completely destroyed before it can be surveyed than heights of immediate neighbouring homes could be used. The only exceptions would be the homes that currently are not 16 feet above street level. They would be allowed to come up to the 16 foot height above street level.) 2/ HOME LIVING AREA SQUARE FOOTAGE TO BE EQUIVALENT TO THE EXISTING HOME LIVING AREA SQUARE FOOTAGE OR 3,552 SQUARE FEET, WHICHEVER IS GREATER. (Current RS zoning allows the maximum home living area square footage to be 3,552 square feet. A number of homes in the petitioned area have a living area square footage that exceeds 3,552 square feet. To prevent these homes from becoming legal/non-conforming on this measurement the zoning language in the petitioned area needs to be altered as previously outlined.), 3/ SET BACK MEASUREMENTS TO REMAIN UNCHANGED FROM WHEN THE NEIGHBOURHOOD WAS DEVELOPED. (This is to prevent existing homes from becoming legal/non-conforming on this measurement.) *_7500 Garfield Drive. _*We are so thankful, because of Royal York resident's input, this home was not built to the 35 foot height limit which was allowed under the RSl zoning at the time permits were being requested. However, because of our contact with yourself, Council and Delta's Community Planning & Development staff we are not at all convinced that our concerns are really understood. We request a meeting with yourself, Ann Peterson, Scott Hamilton, Thomas Leathem and Mike Ruskowski to review the end result of this development. We fully understand what has happened at 7500 Garfield Drive cannot be changed. We just want to make sure it is not repeated in the Royal York neighbourhood or given an explanation why it could/should be 2 repeated. We view this as a learning opportunity for everyone, especially the Royal York residents. I suggest it would be most beneficial to meet on site. Please contact me if you are willing to meet. Yours truly, Don Biggin 7615 Garrett Drive Cell Phone: 604-309-7939 Home Phone: 604-591-3142 3 Mayor .. Council From: [email protected] Sent: Wednesday, September 21,2011 4:20 PM To: Mayor & Council Subject: Delta Website - Comments, Compliments & Inquiries ******Feedback Form Completed*****' Directed To: Mayor Council Response Requested Comments: I wish to open communications regarding the problems that homeowners are having in my area of North Delta with the deterioration of slope integrity along the many ravines in our neighborhood. The Corporation of Delta is in a large part. responsible for this situation as it issued building permits on properties where homes and land are slipping into the ravine. My home should never have been built as it is too close to the egge of the ravine and also appears to have been built on a former creek bed. Solutions need to be found before more serious problems arise such as injury or loss of life. Completed by : Jack Hoadley Address: 8847- Shepherd way Delta, B.C. DEPT: ..J.J:.~L-.~_~ .. _. __.. AT # -liSl3~n ... Phone Number: Comments: cDdo be: ;;,11 \ 604-200-3864 Ae:f (;-11M'· Email: [email protected] 1 Mayor Council From: Mayor Lois Jackson Sent: Wednesday, September 14, 2011 6:59 AM To: Mayor & Council Subject: Fwd: South lands proposal Sent from my iPad Begin forwarded message: From: Thomas Cocking Mayor Jackson and Council: I am vehemently opposed to the Southlands proposal put forward by Mr. Hodgins, the developer. At all the meetings held over the past year, the public made clear that it too does not want the agricultural designation changed to allow housing on this land. You cut off the flawed Tsawassen Area Plan hearings, stopped the public speaking to council, then behind closed doors convened a Mayor's "compromise" group that now is obviously going ahead with a rezoning of the Southlands even though the Ipsos Reid and other public surveys show the majority of people in Tsawwassen do not want this change. You will recall what happened years ago to a council that tried the same chicanery on the same issue--the Southlands--and was promptly voted out of office. You are supposed to be unbiased. Do what is right for this community and put the issue to a plebiscite or deny the application. Thomas Cocking #201, 1330 Hunter Road This message is provided in confidence and should not be forwarded to any external third party without authorization. If you have received this message in error, please notify the original sender immediately by telephone or by return email and delete this message along with any attachments. 1 Mayor Council From: Jennifer & Howard-HJ Ranch [[email protected]] Sent: Wednesday, September 14, 201110:28 PM To: Mayor & Council Subject: Simon Fraser University I Study + Practice of Dialogue Please look at this when discussing South lands. Jennifer Allen /iLIa ~i\~l.t. ,,12/ \)(':1lAyt VS(> Welcome to SFU.ca. You have reached this page because we have detected you have a browser that is not supported by our web site and its stylesheets. We are happy to bring you here a text version of the SFU site. It offers you all the site's links and info, but without the graphics. . You may be able to update your browser and take advantage of the full graphical website. This could be done FREE at one of the following links, depending on your computer and operating system. Or you may simply continue with the text version. 'Windows: * FireFox (Recommended) http://www.mozilla.com/en-US/firefox/ Opera http://www.opera.com/ 'Macintosh OSX:* FireFox (Recommended) http://www.mozilla.com/en-US/firefox/ Opera http://www.opera.com/ *Macintosh OS 8.5-9.22:* The only currently supported browser that we lmow of is iCAB. This is a free browser to download and try, but there is a cost to purchase it. http://www.icab.de/index.html Study + Practice of Dialogue SFU.CABurnaby I Sun'ey I Vancouver • SFU Online o Webmail o SFU Connect o mySFU o Student Infonnation System • I • A-Z Links o II o 12 o f o g o S< o f o g 1 ""'.".. "." ...... " ...... "., .. "."...... ""'".,... " ...... ,'"';.",,. o Programs + Courses • Consultation Services • . Current Events • Special Awards .. Resoure"es • Contact Us PLANNING CITIES AS IF FOOD MATTERS This project hosted by Centre for Dia[ogue Fellow Peter Ladner is comprised of workshops and conferences which aim to raise public awareness of the unique attributes in the Lower Main[and for increased local food production, move the region closer to a food security plan, start a pub[icdia[ogue about how the Agricu[tura[ Land Reserve can be used to produce more local food, break open new thinking around development at the urban edge and encourage developers and [and owners to experiment with new forms of development that have local food production as a central component. Deve[oped through this project, The Urban Food Revolution: Changing the Way We Feed Cities will be published by New Society Publishers in fall 2011. Past events of the project: GROWING SOIL: MID-SCALE COMPOSTING IN THE CITY- MAY 31, 2011 With residential food scraps banned from the [andfills in 2012 and a[[ organics banned by 2015, Metro Van municipalities need to find a new home for 250,000 tonnes of organic waste in the next few years. Who has the best solution for economically growing high-quality soil from food scraps close to sources and users? GROWING OUT OF HUNGER FEATURING WILL ALLEN - JANUARY 27,2011 Will Allen, urban farmer and community activist, is dedicated to supporting [ow income and small family farmers and bringing healthy, affordable food to urban areas. WiI[ has over fifty years experience in farming, marketing and distributing food and has shared this knowledge with youth, adults, community groups, immigrants, farmers and consumers. LOCAL FOOD PLANS: LESSONS FROM OTHER COMMUNITIES - OCTOBER 5 & 6, 2010 Concerns about food- its impacts on our health; its inaccessibility to many [ow income people; its vulnerability to climate change, soil erosion, water shortages and rising fuel prices; demand for local food; its role in creating new jobs; and the need for farmers to be able to make a decent living-have vaulted food strategies up the public policy priority list. Find out how Toronto, Portland and California are planning to transform local food production, distribution and [and use. COMPETING VISIONS OF THE AGRICULTURAL LAND RESERVE - APRIL 22, 2010 This forum on topical issues confronting the commercial development industry was co-sponsored by the Centre for Dia[ogue, Planning Cities as if Food Matters, the Rea[ Estate Foundation and NA[OP Vancouver. View presentation slides from the event. 2 PLANNING METRO VANCOUVER AS IF FOOD MATTERS WORKSHOP - OCTOBER 21, 2009 This workshop was part of the Gaining Ground Summit 2009 in Vancouver where five leading food and land use experts discussed Metro Vancouver's food security plans or lack of them. For more information on the speakers at this event, click here for their biographies. Morris J Wosk Centre for Dialogue An elegant environment specifically designed to stimulate communication, the Morris J Wosk Centre for Dialogue provides every service necessary for effective meetings, conferences and seminars. The Centre is conveniently located in the heart of downtown Vancouver, close to hotels, restaurants, and entertainment. more 3 Mayor "CQuncii From: djbruchet [[email protected] ~ Sent: Monday, September 19, 2011 6:59 AM l-J To: Mayor & Council; Lois Jackson Redirect; Anne Peterson; Scott Hamilton; Robert Campbell; [!i Bruce McDonald; [email protected]; Heather King :r;;! Subject: FW: Council Meeting Update Re: South lands ...... E§..... Mayor & Councilor's ,.£) @ ~ With the approximate 1,000 new homes, what new road system will be needed to handle the m increased traffic, on: Boundary Bay Road 16th Avenue Beach Grove Road 12th Avenue 56th Street And what effect will this have on my Municipal Taxes TYPE ?Z E'j,.'v\CA.v" A~endtj DEPT Cf~ CC C,10 Sincerely, AT # H03: Ltf;: , Don Bruchet, ~;2' Comments: Octoher 3(t I 7:/01'1 ",IV""- 1>>tJ. fie::') \Ale< VVlee fl~ From: Dana Maslovat [mailto:[email protected] Sent: Tuesday, September 13, 20113:57 PM To: Dana Maslovat Subject: Council Meeting Update Re: Southlands Hello All, At last night's Council Meeting, Century Group again presented their development plan for the South lands that includes approximately 1000 homes, effectively doubling the residential area of Boundary Bay. A fact confirmed by Sean Hodgins in his remarks. We expect a more formal application for rezoning to be forthcoming shortly. Last night's meeting made it clear that most, if not all, of the current Councillors (and the Mayor) are receptive to the plan even though public opinion is clearly in opposition. You may recall that the South lands was maintained as agricultural if) the latest Tsawwassen Area Plan (TAP), and yet Major Jackson "diplomatically" stated last night that the TAP is constantly changing and Council will entertain applications from land owners, regardless of TAP designation. Further, Councillor MacDonald commented that the Ipsos Reid survey data doesn't need to be considered now that a specific plan is being proposed. Makes you wonder why they spent over two years and hundreds of thousands of taxpayers' dollars to collect public opinion on the South lands and the TAP. At a minimum, we can conclude a crass and blatant disregard of the majority opinion. Once Century Group submits a formal application, it will take some time before a Public Hearing can be held. In the meantime, last night's Council Meeting made it crystal clear that we need a change in civic leadership to one that will respect the wishes of the community. The upcoming civic election will be the most important one since the early 1990s when the future of our community was last in peril. 1 We urge you to get involved in supporting the candidates that will respect your opinions. We can make a uifference on Election Day (November 19th) if we all pull together and support the right candidates. In the coming weeks we will be providing you with all the relevant information on the candidates' position on South lands. And we will also be advising you on events and activities that you can participate in' to support the candidates that support you. Most importantly, please remember that your votes and our collective voice can make a difference in the upcoming election. Thanks as always for your continued support. Dana P.S. Donations.to support future advertising, flyers and plebiscite costs are welcome via our website (www.southlandsthefacts.ca) or by mail, payable to "Southlands Trust", 526 Centennial Parkway, Delta, BC V4L 1L 1 2 Mayor Council From: Greg J. Edwards [[email protected] Sent: Wednesday, September 21,2011 2:53 PM ~ To: Mayor & Council 1-tTl -I Subject: South lands could be our Central Park ... IJ ,-l-l~ Mayor & Council: q:j 1"1:;' 1""0 It's no secret, Mayor Jackson & Councillors, that many view you as favoring development of @ the Southlands; however, whether you are, or not, is known for sure only to you and your ft: mirrors. However, let me remind you that Deltans owe Century Holdings nothing; let me remind you that Century took over those lands as a speculator after Deltans made it well known in the late '80s--and since--that they don't want those lands developed; and let me remind you that Century recovered what those lands cost in the Boundary Bay Regional Park deal. And let me remind you that it was people with vision who established Stanley Park. If Stanley Park is too close, and too local, for you to appreciate, let me remind you that New York would be a fuming concrete maze without its Central Park. Greg J. Edwards 5078 Walker Avenue Delta, B. C. V4M1A7 604-948-5149 YVPE _h1,",",laU~L'cLl.1 DEPT: _ c~Q·yi)_. __...£t_<,.-i\O AT #.Jt9?J:1~~--.- comments: 1 Mayor Council From: Douglas Bolen [[email protected]] "fl Sent: Wednesday, September 14, 2011 7:53 AM '-:1 To: Mayor & Council . [Ii Cc: Mayor Lois Jackson; Robert Campbell; Scott Hamilton; Heather King; Bruce McDonald; Ian :I;I Paton; Anne Peterson; LegalServices; Ted Murphy ~ Subject: September 12, 2011 meeting of council ::s; Attachments: Save Richmond Farmland Society v. Richmond (Township), [1990]3 S.C.R. 1213[1].docx ttl ,...,.. @""'" Dear Mayor & Council: £: I had the pleasure of attending the above-referenced regular meeting of council. At that meeting I understood some of Mayor Jackson's words to mean that council and council elect would .be precluded, if asked, from disclosing any beliefs or positions held in respect of the anticipated Southlands development application(s) during any election campaigning to avoid appearing bias or closed minded. I believe Mayor Jackson went on to say that stating one's positions on the issue might preclude any such person from voting on the issue when it comes to that. I write this e-mail to assure all of you that the leading case in this area from the Supreme Court of Canada commonly referred to as Save Richmond Farmland Society v. Richmond (Township), [1990] 3 S.C.R 1213, a copy of which is attached for ease of reference, states otherwise. The facts of the case involve a Richmond, British Columbia Alderman (as they were then called) who publicly stated on several occassions his position on the matter of residential development on farmland. The Appellants accused him of being of closed mind and biased and therefore unable to render a fair decision on the matter. As the process unfolded, he appeared in newspapers, on radio and on television in advance stating how he would be voting on the matter and even founded his political campaign on the issue. Despite all of that, the Supreme Court of Canada was not able to find that he was, in fact biased or that he ought to have been precluded from voting. The judgment went on to say that one is able to come to a decision making process with a closed mind so long as the closed mind is not a result of corruption, but rather, of honest opinion, strongly held. The judgment is worth reading in its entirety as it will be, in my opinion, directly applicable to all of you as this election unfolds as you will be asked for your positions on the South lands issues. As such, I recommend that, rather than treating this application, once received, in the "ordinary way" that all applications are treated, that it be treated with swiftness rather than delay. In that way, each of you and each of the prospective candidates can form an intelligent opinion about the issues so that, when asked, you needn't preclude yourselves from answering the hard questions, regardless of how unpopular they may appear. There is no reason NOT to answer, unless you are directed not to and as far as I am aware, the only body that can give you a direction like that would be the voters in Delta. They are your ONLY boss. Good luck to all of you in the upcoming election. rYPE: _~ ~LJI#11d£L DEPT LS ~H) cca4-v Douglas Bolen bO~ 'Of/1./00LL1'f'2... PL'/-/C[ AU \ \oLl;BS .1>hT7'!- 6C Comments O{;i7J-bJ;-3Jc; t\;::J1A I"", /Mee-t< Y\'J The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If 1 you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. 2 Source: http://scc.lexum.orglenl1990/1990scr3-1213/1990scr3-1213.html Save Richmond Farmland Society v. Richmond (Township), [1990]3 S.C.R. 1213 Save Richmond Farmland Society, Marion Linda Smith and George Alexander Taylor Appellants v. The Corporation of the Township of Richmond, The Council ofthe Corporation ofthe Township of Richmond, Hugh Mawby, Progressive Construction Ltd., Tempo Construction Ltd., Conway Richmond Ltd., Fraserview Construction Ltd., L. Horii Const. Ltd., First City Development Corp. Ltd. and Olga IIich Respondents indexed as: save richmond farmland society v. richmond (township) File No.: 21423. 1990: May 1; 1990: August 16:. Present: Dickson C.J.'* and Lamer C.J.**' and Wilson, La Forest, L'Heureux-DuM, Sopinka, Gonthier, Cory and McLachlin JJ. on appeal from the court of appeal for british columbia Municipal law -- Municipal corporations -- Public hearing on rezoning by-law - Bias or apprehended bias -- Alderman favouring rezoning by-law stating publicly that he would attend public hearings but that he would not change his mind -- Whether alderman's conduct raises a reasonable apprehension of bias -- Whether alderman disqualified from voting on final reading of by-law -- Validity of by-law -- Municipal Act, R.S.B.C. 1979, c. 290, s. 956. An alderman who campaigned for office on a platform favouring residential development of certain agricultural lands within the Township voted in favour of two zoning by-laws enacted by the Council and subsequently declared invalid by the court on technical grounds. When a new by-law was introduced to achieve the same purpose, the alderman was reported to have stated publicly that he would not change his mind regardless of what was said at the public hearings required to be held under s. 956 of the Municipal Act. There was other evidence to the effect that he had also stated that he would listen attentively to the proceedings. In a subsequent interview he is stated to have said that he favoured the rezoning of the land and that it would take something significant to change his mind. During the hearing, objections were raised to the alderman's continued participation on the ground that he had predetermined the issue but he did not reply to the objections. Following the hearing and second reading of the proposed by-law, the appellants petitioned, unsuccessfully, under the Judicial Review Procedure Act to prohibit the alderman from voting on the by-law or participating in the process of its consideration. The alderman participated in the vote, which passed by a five-to-four margin. The appellants' appeal to the British Columbia Court of Appeal was dismissed. Held: The appeal should be dismissed. Per Dickson C.J. and Wilson, Sopinka, Gonthier, Cory and McLachlin JJ.: A member of a municipal council is not disqualified by reason of his bias unless he has prejudged the matter to be decided to the extent that he is no longer capable of being persuaded: Old St. Boniface Residents Assn. Inc. v. Winnipeg (City), [1990] 3 S.C.R. 000. The relevant test, therefore, is whether the alderman in fact had a closed mind. The alderman had not reached a final opinion which could not have been dislodged, and, accordingly, he was not disqualified by bias. Per Lamer C.J. and La Forest and L'Heureux-Dube JJ.: A closed mind, provided that it is not corrupt, should not disentitle an alderman from participating in the decision-making process in circumstances lilee the present. Section 956 of the Municipal Act should not be interpreted as meant to apply in exactly the same way to all matters it covers but, rather, should be viewed as sufficiently flexible to allow the appropriate standards of fairness to be applied to the particular circumstances. In this case, the rezoning was initiated by Council and driven by policy. The standard of fairness mandated by s. 956 placed on Council members little more than the obligation of ensuring that due notice was given to those who stood to be affected, as well as a reasonable opportunity to express their views. A community plan, or a comprehensive zoning by-law, represents a general statement of the broad objectives and policies of the local government respecting the form and character of existing and proposed land use, and the adoption of such a measure is less a judicial process than a legislative one. The aldermen who participate in such a process should be viewed not as judges but as elected representatives who are answerable to the concerns of their constituents. Cases Cited By Sopinlca J. Applied: Old St. Boniface Residents Assn. Inc. v. Winnipeg (City), [1990] 3 S.C.R. 000; referred to: Wiswell v. Metropolitan Corporation of Greater Winnipeg, [1965] S.C.R. 512; Committee for Justice and Libertyv. National Energy Board, [1978]1 S.C.R. 369. By La Forest 1. Referred to: Old St. Boniface Residents Assn. Inc. v. Winnipeg (City), [1990] 3 S.C.R. 000; Karamanian v. Richmond (1982), 38 B.C.L.R. 106; Re McGill and City of Brantford (1980), 111 D.L.R. (3d) 405; Lower Hutt City Council v. Bank, [1974] 1 N.z.L.R. 545; Wollen v. Borough of Fort Lee, 142 A.2d 881 (1958); Regina v. Amber Valley District Council, Ex parteJackson, [1985] 1 W.L.R. 298; Martineau v. Matsqui Disciplinary Board, [1980] 1 S.C.R. 602; Knight v. Indian Head School Division No. 19, [1990] 1 S.C.R. 653. Statutes and Regulations Cited Judicial Review Procedure Act, R.S.B.C. 1979, c. 209. Municipal Act, R.S.B.c. 1979, c. 290, ss. 945(1) [en. 1985, c. 79, s. 8; am. 1987, c. 14, s. 11],949(2) [en. 1985, c. 79, s. 8; am. 1987, c. 14, s. 14],956(1), (2), (3) [en. 1985, c. 79, s. 8],959(2) [en. 1985, c. 79, s. 8]. Township ofRiclnnond By-laws 4700,5110,5115,5300. APPEAL from a judgment of the British Columbia Court of Appeal (1989), 36 B.C.L.R. (2d) 49, 43 M.P.L.R. 88, 57 D.L.R. (4th) 278, 36 Admin. L.R. 155, affirming a judgment of Prowse J. dismissing a petition for prohibition. Appeal dismissed. Thomas R. Berger and Marcus Bartley, for the appellants. Raymond E. Young and F. T. Williamson, for the respondents The Corporation of the Township of Riclnnond, The Council of the Corporation of the Township of Riclnnond and Hugh Mawby. Cecil O. D. Branson, Q.c., and F. E. Verhoeven, for the respondents Progressive Construction Ltd., Tempo Construction Ltd., Conway Riclnnond Ltd., Fraserview Construction Ltd., 1. Horii Construction Ltd., First City Development Corp. Ltd. and Olga Ilich. IISopinka J.l1 The judgment of Dickson C.J. and Wilson, Sopinka, Gonthier, Cory and McLachlin JJ. was delivered by SOPINKA J. -- This appeal raises the issue as to whether a municipal alderman is disqualified by reason of a reasonable apprehension of bias. It was heard along with Old St. Boniface Residents Assn. Inc. v. Winnipeg (City), [1990] 3 S.c.R. 000. This appeal was dismissed by judgment released August 16, 1990, reasons to follow. These reasons are released concurrently with judgment in Old St. Boniface Residents Assn. The dispute in this case is over the fate of certain lands, lmown as Terra Nova, within the Township of Richmond. The appellants challenge the validity of By-law 5300, which purports to convert part of Terra Nova from agricultural to predominantly residential zoning. As suggested by its name, the appellant Save Riclnnond Farmland Society, along with the individual appellants, seeks to maintain Tetra Nova as farmland, and is opposed to residential development of the land. The acts with which this appeal is most concerned are those of the respondent Alderman Hugh Mawby. It is clear from the evidence that the development of Terra Nova is a contentious and divisive issue in Richmond politics. It has been for many years zoned for agricultural use. In December 1986, the Richmond Official Community Plan, By-law 4700, was adopted. Pursuant to s. 945(1) of the Municipal Act, R.S.B.C. 1979, c. 290, "[a] community plan is a general statement of the broad objectives and policies of the local government respecting the form and character of existing and proposed land use and servicing requirements in the area covered by the plan". By-law 4700 designated the Terra Nova as "residential reserve". A community plan does not alter zoning. A plan's legal effect is that, pursuant to s. 949(2), by-laws enacted after the adoption of an official community plan "shall be consistent with the relevant plan". Alderman Mawby was a Council member at the time and voted in favour of By-law 4700. The fate of Terra Nova was the main issue in the most recent municipal election in 1987. That election left the composition on the Municipal Council at a five-to-four split in favour of development. All Council votes relevant to this case have followed this division. On September 26, 1988, the Municipal Council adopted By-laws 5110 and 5115 which had the purported effect of converting approximately 220 acres of Terra Nova from agricultural to predominantly residential zoning. Alderman Mawby chaired the public hearings on the byelaws, which occupied some 40 hours over 11 days. He voted in favour of the two proposed by-laws. The by-laws were subsequently set aside by the Supreme Court of British Columbia because of a failure to comply with notice provisions of the Municipal Act. On November 22, 1988, shortly before By-laws 5110 and 5115 were declared void, the Council introduced By-law 5300, which is the focus of this appeill. It is a comprehensive zoning by-law for the entire municipality of Richmond. It was initiated by Council on the recommendation of municipal planning staff to consolidate all previous zoning regUlations. It repeals all zoning by-laws previously in force. Among other things, By-law 5300 maintains the residential zoning of Terra Nova. Since By-laws 5110 and 5115 were set aside, if it is valid By-law 5300 hasthe effect of rezoning Terra Nova. Alderman Mawby did not chair the hearing held on By-law 5300. He attended all sessions, which amounted to some 57 hours over 12 days. It is relevant to note that under s. 959(2)'a member ·of Council need not be present at the hearing to vote on the by-law, so long as an oral or written report of the hearing is given to the member by an officer or employee of the Council. The public hearing on By-law 5300 began on December 19, 1988 after first reading of the by-law. Shortly after, an article appeared in the Richmond News which read as follows. MAWBY WON'T CHANGE MIND The public hearing on Richmond's proposed new comprehensive zoning bylaw opened Monday night and is expected to extend over many nights into the New Year. Rezoning of the Terra Nova area in the northwest comer of Lulu Island is expected to dominate proceedings, but one municipal council member, Alderman Hugh Mawby, says he won't change his mind regardless of what is said at the hearing. He was chairman of the public hearing on Terra Nova that stretched over eleven nights earlier this year and eventually resulted in two Terra Nova bylaws that were ruled invalid by B.C. Supreme Court. The article was based on a telephone interview conducted on or close to December 16, 1988. The editor who wrote the article made an affidavit filed in these proceedings which stated that the article truly reports what Alderman Mawby told him. It also includes the following: 7. THAT Alderman Mawby further stated to me that although he would not change his mind on the Terra Nova project, he would listen attentively to the public hearing proceedings. On January 2, 1989, Alderman Mawby participated on the Dave Abbott television show, together with the host, Don Cummings (President of the Save Richmond Farmland Society) and four telephone callers. He advocated the residential rezoning of Terra Nova. He was asked whether the rezoning of Terra Nova was a fait accompli. He made the following response. David, I can't malce that comment, and I think I made that very clear to you. We are in a public hearing. We are still listening. And I have several things which I think would help. And I made a note of them, because Ithought in fairness, because we're in public hearings and we don't want in any way to jeopardize those public hearings and if somebody, and I put it down to this, I said the sort of things that would malce -- help peQple change their minds, and maybe, maybe there is -- one of the other aldermen from the Civic New Democrats might change his mind if the evidence was conclusive enough for them, the same as it may be conclusive enough for me. First of all, I made a decision back in June, and I'm prepared to live with the political ramifications of that, to support development on Terra Nova. Now by some small, and I say very small, . piece in the advertising, technicality, we have got to review it again. So what is needed, there is already decision made of Council. Five people have said we favour development. Four have said no. So what the four or the five need to change their mind is something significant. And I would suggest that that new evidence would have to comefrom-- On January 6, 1989, an article appeared in another local newspaper, the Richmond Times. It read in part: Unlike the first three nights of the hearing back in December, opposing aldermen did not quarrel among themselves, but Ald. Hugh Mawby found himself the target of several attacks by the anti-developers. Robert Bedlulc, quoting a local newspaper, said Mawby had publicly stated his stand on Terra Nova before the conclusion of the hearing. Saying Mawby had no choice but to disqualify himself from the rest of the hearing, Bedlulc said, "any judge in any court of law WQuid disqualify a jurist" under the same circumstances. Doubts were also raised about Mawby's ability to remain impartial after he appeared on a television talk show to discuss Terra Nova January 2. In an interview with The Times, the alderman said both incidents had been misconstrued. The newspaper, he said, had "misquoted me and taken what I said completely out of context." Mawby explained the newspaper interviewed him prior to the hearing, before the council members were required to sit as impartial judges. "At that point, I told him I had heard nothing new that would mal(e me change my mind," Mawby remarked, adding his television appearance did not compromise his position because the discussion was a "philosophical debate." The respondents point out that two aldermen opposed to residential development of Terra Nova wrote a number of articles in local newspapers, setting out their views. One of them displayed a sign on the front lawn of his horne which said "Save Terra Nova" and bore the telephone number of the Save Richmond Farmland Society. On three occasions during the public hearing, Richmond residents raised the matter of the Richmond News article and objected to Alderman Mawby's continued participation in the hearing on the ground that he hac\ predetermined the issue. Alderman Mawby did not reply to the objections. According to Alderman Mawby's affidavit, the practice of the Council at the hearings was to listen to the views of the public and ask questions, but not actively to debate the merits of By-law 5300 with members of the public. Following the hearing and second reading, the appellants launched a petition under the Judicial Review Procedure Act, R.S.B.C. 1979, c. 209, to prohibit Alderman Mawby from voting on By-law 5300 or participating in the process of its consideration. The petition was heard and dismissed by Prowse 1. on February 13, 1989. The third reading took place shortly thereafter. Alderman Mawby participated in the vote, and the by-law again passed by a five-to-four margin. The appellants appealed to the Court of Appeal. The fourth reading of the by-law, the reconsideration stage, was deferred pending the appeal. The Court of Appeal dismissed the appeal March 23, 1989: 36 B.C.L.R. (2d) 49. Fourth reading was scheduled for April 3, 1989. By letter dated March 28, 1989, the appellants requested that this Court convene on April 3, 1989, to consider an application for leave to appeal and interim relief to restrain the Council from proceeding with fourth reading. The Court declined to convene and no further request for interim relief was made. The Council adopted By-law 5300 on April 3, by a five-to-four margin. Since then, development permits and building permits have been issued, and some construction is in progress; On May 1, 1989, a new petition was filed with the Supreme Court of British Columbia seeking a declaration that By-law 5300 or the parts of it relevant to Terra Nova were without legal effect, on the same facts as the within appeal. These proceedings were dismissed by the Supreme Court and the Court of Appeal. Any appeal to this Court is now out of time. . Legislation The Council is under a statutory obligation to hold hearings on a proposed zoning by-law, pursuant to the Municipal Act, RS.B.C. 1979, c. 290, s. 956: 956. (1) Subject to subsection (4), a local government shall not adopt a community plan bylaw, rural land use bylaw or zoning bylaw without holding a public hearing on the bylaw for the purpose of allowing the public to malce representations to the local government respecting matters contained in the proposed bylflw. (2) The public hearing shall be held after first reading of the bylaw and before third reading. (3) At a public hearing all persons who believe that their interest in property is affected by the proposed bylaw shall be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the bylaw that is the subject of the hearing. 1. Bias Was Alderman Mawby disqualified by bias from participating in the decision with respect to By law 5300? 2. Remedy In view of the conclusion which I have reached, it will not be necessary to consider this issue. Decisions Below Supreme Court of British Columbia Prowse J. noted that cases have held municipal councils must act in a quasi-judicial manner in some of their functions: Wiswell v. Metropolitan Corporation of Greater Winnipeg, [1965] S.C.R 512. As By-law 5300 was a wide-ranging by-law, initiated by the Council, she was satisfied that the Council was acting in a legislative capacity in conducting its public hearings on the by-law. In carrying out its function the Council )1lust afford the public "a reasonable opportunity to be heard". In so doing, the Council must be free from "disabling" bias. The test for disabling bias is reasonable apprehension of bias, set out in Committee for Justice and Liberty v. National Energy Board, [1978] 1 S.C.R 369. Prowse J. stated that the test was whether an informed person viewing the matter realistically and practically and having thought the matter through would conclude that members of Council had no intention of considering the submissions put before them. After reviewing the facts Prowse l stated her conclusion thus: Alderman Mawby has walked as close to the line of reasonable conduct in this situation as one could walk without falling into the abyss. He has jeopardized his role as a member of Council on this important issue and, in so doing, has jeopardized the rights of the constituents who elected him to have him participate in the democratic process. He has been careless in his choice of words, and has caused a great uproar which need never have occurred. But I am unable to conclude, on balance, that in the context of the political process, and, in particular, in the context of the protracted dispute over Bill [sicl 5300, that he has created a reasonable apprehension of bias from the point of view of an informed observer having thought the matter through. Precisely what he said, and the context in which it was said, is not as clear as it should be in order for me to conclude that Alderman Mawby had closed his mind against all argument. The fact that he attended the many nights and long hours of hearings is some indication to any observer that he was involved in the hearing process in a genuine way. [Emphasis added.] Court ofAppeal The court received some fresh evidence tendered by both sides, including the transcript of the January 2 television show. The court unanimously dismissed the appeal, with reasons delivered by Lambert lA. and Southin J.A. with the concurrence of Toy J.A. Lambert lA. took the view that s. 956 is sufficiently flexible to allow the appropriate standards of fairness to be applied to the particular circumstances of a hearing. He expressed the view that the appropriate standard required a councillor to retain the capacity to be influenced by persuasion by an argument that has not been heard and perhaps is unexpected. Applying this test, Lambert lA. concluded, at p. 56: In this case, Alderman Mawby had been elected. He had spoken out in the political arena about his views of the proper use of land throughout the municipality. He had been chairman of the first public hearing of by-laws 5100 [sic] and 5115 over the course of 40 hours. He had thought about the issues extensively. He was, to a large extent, covering the same grOlmd allover again, the same ground on which he had already once been required to make up his mind. I think that what he was trying to say, or saying, in the course of the interview with the Richmond News was that it would take something very surprising to make him change his mind at that stage and that he did not expect to be surprised at that stage, but that he was going to attend the public hearings and he was going to see what happened. I reach that conclusion about what he was trying to say by taking together the report in the Richmond News, the affidavit of the editor of the Richmond News, Mr. Mawby's two affidavits, and the transcript of the television show. [Emphasis added.] Southin l.A., Toy l.A. concurring, wrote that a reasonable person would probably conclude that by the second public hearing Alderman Mawby had a closed mind. However, in her opinion, s. 956 does not require an open mind when the issue is a broad public policy issue such as a zoning by-law for the whole municipality. Ifthe closed mind is the result not of corruption but of honest opinions strongly held then the cases on apprehension of bias are not applicable. Southin l.A. wrote, at p. 61: In my view, the public life of British Columbia would be the poorer if in a matter of this kind a politician must keep an inscrutable face and a silent tongue not disclosing his strongly held opinions lest he be deprived of his vote. There should be no penalty for candour. However distasteful Mr. Mawby's opinions may be to a very large segment of the electors of Richmond, he is entitled to hold them and to express them by his vote at the council table. Natural Justice: Application to Local Government Bodies In Old St. Boniface, I concluded that a member of a municipal council was not disqualified by reason of bias unless he or she had prejudged the matter to be decided to the extent of being no longer capable of persuasion. This test is to be applied to this appeal. Application The judge of first instance found that Alderman Mawby had not closed his mind against all argument. This finding was supported by Lambert J.A. in the Court of Appeal and by the evidence. Southin and Toy JJ.A. opined that a reasonable person would conclude that he had a closed mind. As explained in Old St. Boniface, the relevant test is whether the Councillor had a closed mind, in fact. Applying this test, and on the evidence, I conclude that Alderman Mawby had not reached a final opinion on the matter which could not be dislodged. It follows that he was not disqualified by bias. It is not alleged in this appeal that the Alderman had any interest or relationship that would disqualify him on the basis of conflict of interest. Disposition As provided in the judgment of this Court released August 16, 1990, the appeal is dismissed with costs. liLa Forest J.l1 The reasons of Lamer C,J. and La Forest and L'Heureux-DuM JJ. were delivered by LA FOREST 1. -- The issue in this appeal may be stated as follows: Did the Court of Appeal err in law in holding that the municipal council and its members had no obligation, under s. 956 of the Municipal Act, R.S.B.C. 1979, c. 290, to embark upon the hearing with an open mind? This appeal was heard on the same day as Old St. Boniface Residents Assn. Inc. v. Winnipeg (City), [1990] 3 S.C.R. 000, issued concurrently. Both raise issues regarding the application of the rules of natural justice, or the duty to act fairly, to municipal councillors. As my colleague Justice Sopinka observes, the present appeal was dismissed earlier with reasons to follow. Though I have reached the same conclusion as my colleague, I approach the issue differently and I have, therefore, prepared my own reasons. My colleague has set forth the facts, judicial history and applicable legislation and I can, therefore, proceed directly to an analysis of the issue. Analysis I underscore the fact that in this appeal it is clear that the municipality made a policy choice to emphasize the provision of housing rather than the preservation of agricultnralland in that portion of the municipality called the Terra Nova lands. This necessitated a zoning change for the lands in question, and, as is clear from s. 956 of British Columbia's Municipal Act, R.S.B.C. 1979, c. 290, a statutory duty is placed on municipal councils to hold a public hearing prior to the adoption of a zoning by-law. The issue raised by this appeal is that of defining what standard of fairness is owed to the participants in this hearing process. This poses the problem of defining in what capacity the council acts when conducting a zoning by law hearing such as that mandated by the above-noted section. The appellant association, relying on Karamanian v. Richmond (1982), 38 B.C.L.R. 106 (S;C.), submitted that the council acts in a quasi judicial capacity. The respondent municipality, stressing the high policy content of the decision to change the zoning of the lands in question, counters by suggesting that the council acts in its legislative capacity. I consider the implications of both alternatives. If the association is indeed correct and the municipal council in this case was acting in a quasi judicial capacity, the following passage from Re McGill and City of Brantford (1980), III D.L.R. (3d) 405 (Div. Ct.), at p. 414, may serve as a succinct statement of the duty of fairness that was owed by the councillors: The fact is that the Legislature has required the hearing to be conducted by the very persons who are expected to have formed at least a tentative view, and to have made decisions to carry forward the plan at least to the stage where the formal closing of the roads is to talee place. It must be assumed that the Legislature knew the functions, and the mode of developing such a project from its inception to the advanced stages, and nonetheless designated the Council as the body to hold the. hearing. In these circumstances all that can be required of the Council is to put aside their tentative views individually and collectively, hear the objections, consider them honestly and fairly, see if they can be accommodated and then malee the final decision. On this standard, persons who stand to be affected by the decision will be entitled to object, and the courts to intervene, if council members by their words or actions raise a reasonable apprehension that they are entering the process with a closed mind. The association cites the following excerpt from the decision of the New Zealand Court of Appeal in Lower Hutt City Council v. Bank, [1974] I N.Z.L.R. 545, at p. 550, per McCarthy P.: We think that the state of impartiality which is required is the capacity in a council to preserve a freedom, notwithstanding earlier investigations and decisions, to approach their duty of inquiring into and disposing of the objections without a closed mind, so that if considerations advanced by objectors bring them to a different frame of mind they can, and will go back on their proposals. As to the necessary appearance of impartiality, we think it must follow that if a public authority exhibits that it has undertaken in advance to exercise the power and duty expressly entrusted to it by the Legislature in a specific way which appears to obstruct the fair consideration and disposal of public rights, prohibition should normally issue. On the respondent's view of the matter, the municipal council in this instance was not acting in a quasi-judicial, but rather legislative capacity. It therefore submits that allegations of bias, if by that one understands solely a "form of political predetermination", are entirely misplaced. It points to American authority, citing Wollen v. Borough of Fort Lee (1958),142 A2d 881 (NJ.S.C.). In that decision, on facts very similar to those in this appeal, three aldermen had publicly stated that they would vote in favour of a rezoning ordinance. The court held, at pp. 888-89: But this is a democratic process; and it would be contrary to the basic principles of a free society to disqualifY from service in the popular assembly those who had made pre-election commitments of policy on issues involved in the performance of their sworn legislative duties. Such is not the bias or prejudice upon which the law looks askance .... There is no showing of an abuse of power -- no basis for the conclusion of arbitrary action. The course talcen was in the pursUit of what was in good faith conceived to be the essential public interest after long and earnest study, aided by experiential advice of unquestionable validity. We are not here concerned with the taint of self-interest in opposition to the public interest and welfare. The Court of Appeal gave its imprimatur to this view of the matter: (1989), 36 B.C.L.R. (2d) 49. Southin J.A (Toy lA concurring) held that in processes such as the one under consideration, it would be unjust to fmd fault with municipal councillors who maintained a closed mind on the development issue. Councillor Mawby, reasoned Southln lA, had campaigned in favour of the contested development, had been duly elected, and it lay with his constituents to affect his thinking through· the political process. Accordingly short of any suggestions of impropriety that would support allegations of bad faith, reasonable apprehension of bias would have no application. Lambert J .A, in his concurring judgment, took a more conventional view of the matter. He rejected the notion advanced by counsel for the municipality that it would be open to an alderman to state thai: "[ m]y mind is made up; I caunot be influenced by persuasion; but the law requires me to be present and I will be present; and the law requires me to listen attentively and I will do so; but that is all". Lambert lA. reasoned, at p. 56: There must be a degree of openmindedness; there must be a capacity to be influenced by persuasion. But provided that the alderman is not acting improperly in the sense of having been procured to vote in a certain way (of which there is no suggestion whatsoever in this case), and providing that he retains the capacity to be influenced by a yet unheard and perhaps unexpected argument, he or she will not be disqualified from participation in this particular process of zoning by-law consideration by attitudinal views of the kind that are inherent in the political nature of our form of municipal government .... Lambert lA. went on to conclude that here, on the facts, it could be said that Councillor Mawby, despite the remarks attributed to him by the media, did indeed maintain this degree of receptivity. On this last point, I think that Lambert lA. is correct. It must be remembered that the council's initiative to rezone the lands was one that had polarized opinion in the respondent municipality. Aldermen had lined up both for and against the proposal, and an election was fought on the issue, with the pro-development camp emerging victorious. In short, both sides had strongly felt views and made no secret of them. It is true that Councillor Mawby was quoted in the press as saying that he would not change his mind. But Mawby claimed that his remarks were talcen out of context, and during a television interview he also raised the possibility that arguments presented during the course of the public hearing might lead to a change of mind on his part or on the part of the anti development forces. Consequently, even if this Court were to adopt the "amenable to persuasion" standard as the test for bias (the test proposed by Lambert J.A. and which, in essence, is the same standard as that put forward by the association), it follows that no order should issue that Alderman Mawby was not entitled to vote on By-law 5300. "Amenable to Persuasion": A Valid Test? Both judgments of the Court of Appeal are premised on the notion that it is an error, in the context of a rezoning application, to imply bias from the fact that a municipal councillor holds very firm and strongly stated views on the matter. The difference between the two approaches lies in the fact that Lambert lA. would hold to the notion that having taken a firm position on a given proposal is not a licence to close one's mind entirely to being persuaded otherwise. This sounds good in theory, but brealcs down in practice. Southin J.A.'s approach might seem drastic but is the more realistic of the two. There is no way of gauging the "openness'.' of a person's mind, and indeed it would be pointless to attempt to do so. In the result, it seems to me that if this Court is to adopt the "amenable to persuasion" test, this is bound to lead to a lot of posturing. Politicians who have campaigned on a given issue, and owe their election to it, can be expected to ma1ce solenm pronouncements to the effect that they remain "amenable to persuasion" if a truly convincing argument is presented to·them. There would seem to be little to be gained by enforcing a campaign of "lip-service" to this ideal. In conclusion, I think that Southin J.A. is correct when she holds that a "closed mind" (provided it is not a corrupt mind) should not disentitle an alderman from participating in the electoral process. Woolf J. puts the matter well in Regina v. Amber Valley District Council, Ex parte Jackson, [1985] 1 W.L.R. 298 (Q.B.D.), at p. 307: But does this have the effect of disqualifying the Labour majority from considering the planning application? It would be a surprising result if it did since in the case of a development of this sort, I would have thought that it was almost inevitable, now that party politics play so large a part in local government, that the majority group on a council would decide on the party line in respect of the proposal. If this was to be regarded as disqualifying the district council from dealing with the plauning application, then if that disqualification is to be avoided, the members of the planning committee at any rate will have to adopt standards of conduct which I suspect will be almost impossible to achieve in practice. It might be objected that this approach makes the public meeting called for by s. 956 a mere charade. By way of answer, it must be assumed that the Legislature will have been well aware of the fact that the very aldermen who are called on by statute to make the final decision on zoning by laws initiated by municipalities themselves will often have run for office on the strength of their support or opposition to these measures. If this seemingly guarantees that zoning applications of this nature are decided before ever reaching the hearing stage, this inconsistency should be for the legislature to iron out, and not the courts. Secondly, I think that Lambert J.A. is correct in his submission that s. 956 should not be interpreted as meant to apply in exactly the same way to all matters it covers (at pp. 55-56): If the by-law affects a specific solution to a specific problem of a narrow scope that only touches the people it immediately concerns, different obligations of fairness may arise than if the by-law affects a comprehensive solution to an overall policy problem confronting the whole municipality. The section is sufficiently flexible to allow the appropriate standards of fairness to be applied to the particular circumstances. [Emphasis added.] In the particular circumstances of this appeal, I think that the respondent municipality is correct in its submission that if1 respect of a rezoning initiated by Council itself and driven by policy: The emphasis is on the legislative nature of the process and thus on compelling "the elected" to listen to the views of "the electors". It is not, as in an adjudicative process, on compelling the hearing tribunal to find the facts by means of a hearing or inquiry and then to determine the issue on the facts as found. If this is indeed the correct characterization of the purpose served by the meeting in the context of a "policy driven" zoning initiative, it follows that the standard of fairness mandated by s. 956 places on the council members little more than the obligation of ensuring that due notice is given to those who do stand to be affected, and of affording them a reasonable opportunity to express their views. In the final analysis, I think that the association's position is an unrealistic one in the case of a hearing that is mandated in order to consider a rezoning "initiated by COlmcil itself and driven by policy". A community plan or a comprehensive zoning by-law represents a general statement of the broad objectives and policies of the local government respecting the form and character of existing and proposed land use (see s. 945(1) Municipal Act), and the adoption of such a measure is less a judicial process than a legislative one. The aldermen who participate in such a process should be viewed accordingly not as judges, but as elected representatives who are answerable to the concerns of their constituents. The above result finds support in the decisions of this Court in Martineau v. Matsqui Disciplinary Board, [1980] 1 S.C.R. 602, and Knight v. Indian Head School Division No. 19, [1990] 1 S.C.R. 653, which both stress that the attributes of natural justice that apply in a given context will vary according to the character of the decision made. Dickson l. puts the matter well in Martineau, supra, at pp. 628-29: ... A purely ministerial decision, on broad grounds of public policy, will typically afford the individual no procedural protection, and any attack upon such a decision will have to be founded upon abuse of discretiOlL Similarly, public bodies exercising legislative functions may not be amenable to judicial supervision. On the other hand, a function that approaches the judicial end of the spectrum. will entail substantial procedural safeguards. Between the judicial decisions and those which are discretionary and policy-oriented will be found a myriad decision-malcing processes with a flexible gradation of procedural falrness through the administrative spectrum. Clearly, in this instance, the decision-making process is to be located at the legislative end of the spectrum. Accordingly the threshold test for establishing bias should be a very high one. In my view, Southin l.A. is correct in her view that a decision-maker is entitled to bring a closed mind to this decision-making process, provided that the "closed mind is the result not of corruption, but of honest opinions strongly held". Appeal dismissed with costs. Solicitor for the appellants: Thomas R. Berger, Vancouver. Solicitors for the respondents The Corporation of the Township of Richmond, The Council of the Corporation of the Township of Richmond and Hugh Mawby: Lidstone, Young & Anderson, Vancouver. Solicitors for the respondents Progressive Construction Ltd., Tempo Construction Ltd., Conway Richmond Ltd., Fraserview Construction Ltd., 1. Horii Construction Ltd., First City Development Corp. Ltd. and Olga Ilich: Edwards, Kenny & Bray, Vancouver. * Reasons delivered December 20, 1990. ** Chief Justice at the time of hearing. ** * Chief Justice at the time of judgment. September 14, 2011 (-~ 'il'T.'j Dear Mayor Jackson and Council Members, ~ fT1 As a Ladner resident, I am very excited about the prospect of a new turf field being built in the~ :I;i community. I am however, very concerned about the impact it will have on the neighbourhood ::;:: t.n surrounding the prospective location at Cromie Park. 3l.to. I~ My concerns are: I~' r'i) • The traffic volume on the streets surrounding Cromie Park is already very heavy during the (=) soccer and baseball seasons. Cars speed along the narrow streets and park on the curbs surrounding the fields. As you are aware, there are many children of all ages playing and walking on these residential streets and their safety is a huge concern to everyone in the neighbourhood. • There is very limited space for parking as it stands, and with the streets being relatively narrow and having no sidewalks, the potential for accidents is quite high. Due to the fact that the streets leading to Cromie Park are dead end streets, traffic congestion is amplified. • Most of the turf traffic would be forced to drive by Ladner Elementary School where traffic is already a concern. Also of concern are the many uncontrolled intersections in the area and how these would become more dangerous with the increased traffic flow. While I recognize that a second turf field would benefit many people in the community, I ask that you consider the number of residential streets that would be affected by the decision to build a new turf field at Cromie Park. I feel that there are other locations such as Holly Park or Dugald Morrison Park that would be much more practical in terms of the impact they would have on residential streets and the safety of Ladner children. From a larger perspective, I feel these locations would be more convenient to the community due to their central locations and ease of accessibility . .B~Jw f1;ec~ldq Thank you very much for considering my concerns. DEPT: frZ.f--C' ~.T. #:~.ii~.o~~:~ Sincerely, Comments: QC(?Jb{/ VCI (~Lr- Name L~nt\e Pr:lc..~ Address Lft6b y '-flJ?:, kJe. V41< 1115 September 9, 2011 To Counsellors; As community members, we feel very fortunate about the potential second turf field being built in Ladner, however, our neighbourhood is very concerned about the possibility that this field could be located at Cromie Park. Our concerns are: • The traffic volume on the streets surrounding Cromie Park is already very heavy during both soccer and baseball seasons. Cars speed along the narrow streets and park on the curbs. As you can imagine there are many children of all ages playing on and walking down our streets and their safety is a huge concern to all of us. • There is very limited space for parking as it stands, and with our streets being relatively narrow and lacking in sidewalks, the potential for accidents is quite high. • Traffic would be forced to drive by Ladner Elementary, where we know traffic is already a concern, as well as go through many uncontrolled intersections. While we recognize that a second turf field would benefit many people in the community, we hope that you consider the number of residential streets that would be affected by a decision to build at Cromie Park. We feel that there are other more optimum locations such as a Holly Park or Dugald Morrison park. From a larger perspective, we feel these locations would be more convenient to the community due to their central locations. Sincerely, September 5, 2011 Dear Mayor Jackson and Delta Councillors; ,n/i~ . As a Ladner resident, I am very excited about the prospect of a new turf field being built in the community. I am however, very concerned about the impact it will have on the neighbourhood surrounding the prospective location at Cromie Park. My concerns are: • The traffic volume on the streets surrounding Cromie Park is already very heavy during the soccer and baseball seasons. Cars speed along the narrow streets and park on the curbs surrounding the fields. As you are aware, there are many children of all ages playing and walking on these residential streets and their safety is a huge concern to everyone in the neighbourhood. • There is very limited space for parking as it stands, and with the streets being relatively narrow and having no sidewalks, the potential for accidents is quite high. Due to the fact that the streets leading to Cromie Park are dead end streets, traffic congestion is amplified. • Most of the turf traffic would be forced to drive by Ladner Elementary School where traffic is already a concern. Also of concern are the many uncontrolled intersections in the area and how these would become more dangerous with the increased traffic flow. While I recognize that a second turf field would benefit many people in the community, I ask that you consider the number of residential streets that would be affected by the decision to build a new turf field at Cromie Park. I feel that there are other locations such as Holly Park or Dugald Morrison Park that would be much more practical in terms of the impact they would have on residential streets and the safety of Ladner children. From a larger perspective, I feel these locations would be more convenient to the community due to their central locations and ease of accessibility. Thank you very much for considering my concerns. Sincerely, Amanda Harris 4903 42B Ave., Ladner B.C. V4K 1A6 Mayor Council From: Gordon McConnachie [[email protected] ~ Sent: Thursday, September 15, 2011 8:33 AM ,~ To: Mayor & Council --1 Subject: Boundary Bay Cemetary :I2...... ," I;"'"') qJ Dear Mayor Jackson and Council Members. C()mments: ,i ',I I,' tn r @ The single fence on the south side of the cemetery is in good condition howev:rt;~~ :] fences on the north side are an unsightly mess and a disgrace. As these fences separate private and public property I believe the corporation should make arrangements with the neighbors to the north to replace these fences on a shared cost basis. A quick visit to the site will convince you that something should be done. Thank you, Gordon McConnachie #604 1400 View Cr. Delta BC v4L 1Z1 6049480003 email: [email protected] 1 r.,I") tsa assen itls rt n .-'i3 !lU5lNfSS IMPROVEMENT ASSOCIATION OF HAWWASSEN~: ttl r~J 1:.J1 TSAWWASSEN OUTDOOR MOVIE NIGHTS Mayor and Council Members Corporation of Delta Dear Mayor Jackson and Council Members, On behalf of the entire community of Tsawwassen, we thank you for your support of our 4th annual Tsawwassen Outdoor Movie Night series. The support we received from your office through the engineering department, your amazing parks & rec staff, the stage grant and encouragement from many of your staff members have been extremely appreciated. We saw record attendance this year - well over 2,000 people at the park each of the 3 nights and close to 1,000 at the mall. We have definitely filled a niche in this town and have added a few nights of safe and community building entertainment for people of all ages. Plus, we now attract many people from outside of our community who have a reason to visit us. These nights are a great opportunity to showcase our town and our businesses; it is also an opportunity to spread our "Shop Tsawwassen" message with our advertisements and announcements before and after the movie. Our Facebook followers are now over 500 people and our website received 6,000 visits from July 1 to September 5. So while it is true that we provide entertainment, we also reinforce the message that these events are possible thanks to the support of our local merchants. This year we introduced the idea of having a charity of choice for our 4 nights. We were able to help raise awareness and important funds towards a local group that helps children with special needs - Reach Child and Youth Development Society. At this time I don't have the final figure raised, but I believe it is over $5,000. Once again, thank you so much for being part of these nights! -- ~, Executive Director Cc: George Harvie, Ken Kuntz, Laurie Callicutt, Lynn Davies, Arvind Sharma, Rick Oleson Business Improvement Association of Tsawwassen 119 • 1315··56 Street, Delta Be V4L 2M Tel: 604.200·7651 Email: [email protected] Website: www.shoptsawwassen.com ~Q(v~ NEW TEL NUBER:604·200·7651 J ,Ik . tSClwWilssen it's YOl.lf town t SINESS IMPROVEMENT ASSOCIATION OF TSAWWASSEN Kriistil1 D''''''UU i~I~!~~~j~f1~rr~~;1'~'j;'Directorsrole of BIAPresident President, ~ with.AnaArcini~ga,·our EXElCUltive Dir~Ctor th"s.oai'dilfClir",drlr""lnn all of ourmEimbersto ~, ' " " , ensure thatwe, maintain our.,C :.0. lIe(~tii~'.e ,w(3I1cbeiing arId ecdriijmic:>u(;cess .. T:>a,rvwas:>eh hasalvJaysb~en hometo me, With local busl contdbuting t.o a strong sense of community - it's a little treasure that I am proud to be a part of. Nothing enforces that sense of community more than running irito partners and friends in the street- so if you see me around, please say "Hi" and feel free to approach either myself, or any of our board members, if you have any thoughts on improving business in Tsawwassen." You can find Kristin at the Coast Tsawwassen Inn I GOT IT I TSAWWASSEN!! .' During the month of October we will once again run our "I gotit inTsawwassen" contest. We will do a series of ads inviting our community to tell u.s something they "got" in TsaWwassen for achance to Win 5 prizes of $100 Tsawwasseri Shopping Dollars' . each. The thing they "got" doesn't necessarily have to bean item, itaJsoGan be any local service. We are asking for answers to be at least onEi par If you would like to accept the Tsaww~ssen Shopping Dollars at your place of business~please let me know if you want to be INCLUDED by September 23. We will provide you with a posterfor your place of business and some forms so your customers can find out how to enter this contest. In addition, we are dOing our Christmas in Tsawwassen edition with the Optimist on November30. In· this section we will feature some of our "I got it .in Tsawwassen" winners on location at the busine:>sElsJ they are recommending- so make sure your customers partiQipate and choose you!! NEW Window Decals!!!! have included updated Shop Tsawwassen brimding decals-we ask all of you to please replace your old ones (or add them if you didn't have them) and display them prominently in your shop window or front door. BIA CONNECTIONS SEPTEMBER 2011 l'A G E 2 ~ Our first Outdoor Movie Night took place on July 23 at Diefenbaker park, where we showed Jurassic Park! Thank you so much to our presenting sponsors- Randy's Excel Tire and Auto Service and i(~~tI Tsawwassen Collision. Despite the III iffy "July" weather, itwas a beautiful day. There were over 20 groups and businesses participating, and the Kiwanis Club actually sold out of everything! There were over 1500 people in attendance, and everyone enjoyed the pre-movie festival. At dusk we watched the movie under a beautifully clear starry sky. This Pixar classic was proudly presented by Tsawwassen Springs for Y§/Ilcp . PIXAR the second night of our Outdoor Movie Night series. This event attracted our largest crowd to date! Thanks to the Lions Club for selling popcorn and other concession goodies (including pizza donated by Pan ago), $1000 was raised which will be donated to Reach. Some of the highlights included a 9 hole mini golf supplied by our presenting sponsor, a live Combat Carl and an amazing photo station by Sublime! There were also 4.large baskets raffled off which raised almost $500 for Reach, donated by Toys & Tech and the McQueen family. ICH ECK 0 URPI·(oToA LBU MSON CONNECTIONS SEPTEMBER 20 II PA GEl Our third night was.awesome!! This night was different than the others because it began with a live stage and block party. There were many activities and businesses present from the Tsawwassen Town Centre Mall - our presenting sponsor. We had a giant pinata, live Vikings and even a flash mob! The concession, manned by the TOOB also sold out; well .-:-:.------done guys! The Thrifty's parking lot was full to the brim of people in lawn chairs, blankets, folding chairs and some just braved the hard concrete. Thanks to everyone who participated for making this night such a success! For their 65th anniversary, Vancity presented a bonus fourth movie night on September 3rd, and it was a great success! During their movie tour, Van city chose to showcase different local non-profit organisations including Tsawwassen's own Delta Youth Support Line and Earthwise Society. The Rotary Club of Tsawwassen and Point Roberts supplied the concession, and like the other nights all of these proceeds benefited Reach Child and Youth Development Society. Ice-blocking, giant tricycle races and an amazing plinko game were just some of the many fun activities this night. For a compiete list of all the charities and their websites please visit shoptsawwasen.com. Great job Vancity! URWEBSITEOR FACEBOOKiPAGE!1 Business News • Welcome new business owner Parm Perhar of Great Clips located next to Safeway. Phone: 948-1883 • We also welcome Myrtles Famous Hot Dogs, owned and operated by long time resident John Meier. Myrtle's serves classic hotdogs and gourmet sodas Thursday to Monday in the Tsawwassen Mall breezeway. • Welcome to Peter Ormesher the new partner of Aquae Sulis Holistic Spa! Stop by for a visit anytime. • Erna Swan from the Tsawwassen Denture Clinic has retired. Thank you so much for your hard work over the past 20 years, you will be missed! Stacey Whitman will continue on with the practice. Best to you Stacey! • Tim Hortons has renovated their restaurant and added Cold Stone Creamery-we welcome Rachel Esguerra, store manager-and to the new owners TDL Group Corp. • Sidekick Players invites all to the AGM Wine & Cheese Social on Wednesday September 28 at the newly painted Tsawwassen Arts Centre-7:00 p.m. • Philip Lago from Browns Socialhouse, will be dropping by local businesses to introduce himself - if you are lucky enough to be one of his slightly-suspecting targets, don't be alarmed by the random man with the pizza! (He's friendly -he's one of us!) Mark your calendars Earthwise Gardens is having their last market celebrating their tomato harvest with 40 varieties to taste and buy on Saturday September 17. Music, pizza in the clay oven and lots more-open from 10 to 3:00 p.m. Support the Delta Hospital Foundation by attending the 13th Annual Moonlight Gala- "Putting on the Ritz" on Sept. 17. Visit deltahospital.com for more information. • On September 18, join the Rotary Club, Muscle Memory, The RUn Inn, Delta Printers and Budget Foods for the annual Terry Fox run! Registration is at 8:30-10:00 and the run starts at 10 at Rotary Square. On Sept. 24 Shanti Yoga teacher Chantal O'Sullivan will be teaching a flow yoga class. All proceeds will go to building a school in Ethiopia. Visit http:((lschooI1day.orgfor more details! The members of the Royal Canadian Legion Branch 289 donated a Niagra pump to the Delta Hospital. This state-of-the-art equipment is used during gall bladder removal. Excellent work!! Visit the Royal Canadian Legion in Century Square! Friday nights around 7 p.m. for live music performances-Friday, Saturday and Sund'N for charity meat draws at 4:30-Call 604-943-0232 for further details. 'rhis.·is·.a.r~ll1.il1~~rto~e,bdq~·"~~(t.chang~ •. t9Xoc~l'bU$ine'j~ .• yiJ~~r~ aic,,6.·.I()()kirig'foruPdated;Rlc.tllr~s .·of. YOu/Y'ou(~t~flor;y()ur~t?re ~~teriof;,.QoogIEl.fV1apsJipks; ~~.cecb()ok addre$s~~i~rnail~?dresses, etc.. ()yr w~bsite[eCei~e~iTl1apy .c hits.frpm BIA Mission Statement: To maintain and enhance the commercial area in Tsawwassen as a place to live, work, shop and visit by developing and initiating innovative programs and promoting unique assets of the community. BRITISH COLUMBIA September 12, 2011 Ref: 62300 Her Worship Lois E. Jackson Mayor of the Corporation of Delta 4500 Clarence Taylor Crescent Delta, B.c. V4K 3E2 Dear 1vlayor Jackson: Thank you for your email dated July 15, 2011, which outlines your concerns about the potential impact of Foreign Trade Zones (FTZs) on local authority and valuable farmland. British Columbia hired an independent consultant on March 21,2011, to study the feasibility of establishing FTZs in British Columbia. The report, when completed, will provide. us with preliminary recommendations, which we will evaluate carefully. Unlike many FTZs in foreign jurisdictions, an interesting feature of Canadian FTZ programs are that they are available anywhere in Canada. Participating businesses are not required to establish within a specific geographic location. All participating businesses are subject to Canadian labour, health, environmental, and immigration laws, including provincial and municipal regulations. If the federal government decides to enhance these programs in the future, British Columbia's measures relating to farmland, local governance, or other areas of provincial jurisdiction would not be affected. I trust this response addresses your Council's concerns. Sincerely, ? .. ;//;~ d[ieeP i Pat Bell Minister pc: Honourable Christy Clark MAYOR'S OFFICE Premier SEP 14 2011 Honourable Blair Lekstrom RECEIVED Minister of Transportation and Infrastructure Mailing Address: Location: Mini.stry of Jobs, Office of the Minister PO Box 9071 Stn Pray Govt Room 138 Tourism and Innovation Victoria Be V8W 9AS Parliament Buildings Phone: 250356-2771 Victoria Be Fax: 250356-3000 THE CORPORATION OF DELTA. WPE: DEPT: .f"lI'J,. , A. T #: _ fO"\ b, ~S-~ comments~re+'~ A-i'-'III :;,KJ)-7,IJy ¢-- July 15, 2011 l11HW1 The Honourable Blair Lekstrom The Honourable Pat Bell Minister of Transportation anci Infrastructure Minister of Jobs, Tourism and Innovation PO Box 9055, STN PROV GOVT PO Box 9071, STN PROV GOVT Victoria, BC V8W 9E2 Victoria, BC V8W 9E2 Dear Ministers, Re: Foreign Trade Zones At the July 11, 2011 Regular Meeting, Delta Council discussed the issue of Foreign Trade Zones and their potential impact on Delta: -Council is particularly concerned about the potential impact of Foreign Trade Zones on local authority and valuable farmland in Delta. . I previously wrote to the Minister of Aboriginal Relations and Reconciliation on November 10,2010 (copy enclosed) expressing our concerns regarding options to purchase th-at exist on valuable farmland within the Agricultural Land Reserve (ALR); options which were likely taken for investment purposes in conjunction with the development of neighbouring Tsawwassen First Nation land. These options still remain and include the right to make appliCations to both provincial and municipal regulatory authorities for zoning amendments. As a result of the Tsawwassen First Nation Final Agreement, 207 hectares of valuable farmland has already been removed from the ALR for development purposes. With the review of Foreign Trade Zones currently being undertaken by the Province, we are once again concerned about the potential loss of local decision-making authority and the threat to agricultural lands. Therefore, I respectfully request confirmation that any decision regarding Foreign Trade Zones will not be in conflict with Delta's Official Community Plan or land use zoning, thereby having no impact on Delta's agricultural lands. INFORMATION TO eOUNCIL ... 2 Dt-\IE s:r~:QalJL .. -.~- ~-:-::c:-_--~-----:------,-----:--~------=- .-----.-- 4500 Clarence Taylor Crescent, DI~lta. British Columbia, Canada V4K 3E2 Tel: 604 946-3210 Fax: 604 946-6055 E-mail: mayor@cQJ:J2&elta.bc,cij . ",.... July 15, 2011 Page 2 Thank you for your consideration of this important matter. I look forward to your response. Enclosure cc: The Honourable Christy Clark, Premier of British Columbia Gary Macisaac, Executive Director, Union of British COlumbia Municipalities Mayor Lois E. Jackson, Chair, Metro Vancouver Board of Directors. Metro VancoUver Member Municipalities Richard Bullock, Chair, Agricultural Land Commission Guy Gentner, MLA, Delta-North Vicki Huntington, MLA, Delta-South Delta Council George V, Harvie, Chief Administrative Officer Karl Preuss, Director of Finance . Sean McGill, Director of Human Resources and Corporate Planning Thomas Leathem, Director of Community Planning and Development THE CORPORAT10N OF DELTA The t"Ia1~;or, Lois E. Ja~;:l{son ~~syor's ~1'J'f!I FILE #0 November 10, 2010 The Honourable Barry Penner Minister of Aboriginal.Relations and Reconciliation PO Box 9055, STN PROV GOVT Victoria BC V8W 9E2 Dear Minister, Re: Tsaww8ssen First Nation Land Additions It has come to our attention that options for purchase currently exist on multiple properties north of Highway 17 in South Delta, just east of the Tsawwassen First Nation. Currently, the properties are contained within the Agricultural Land Reserve. We understand that the option holders may be looking for opportunities to develop these properties in conjunction with Tsawwassen First Nation lands. Our understanding of the Tsawwassen First Nation Final Agreement is that these lands could only be considered for addition to Tsawwassen First Nation lands after 50 years from the effective date of the Final Agreement (April 3, 2009). In addition, the consent of Canada, British Columbia ?nd the Corporation of Delta would be required in order for these lands to be added to the Tsawwassen First Nation. Of course, the ability to develop these lands could be altered at any lime by legislation. We are therefore requesting that you confirm our understanding of the Tsawwassen First Nation Final Agreement. Specifically, whether these lands, and potentially others In the future, could be added 10 Tsawwassen First Nation lands or developed in conjunction with their lands and under what parameters any additions might be allowed. The implications of the ability to do so would be extensive, not only for Delta, but also for the entire province, particularly where prime farmland and land within the Agricultural Land Reserve is considered. We are also asking for your commitment to ensure that these lands stay in the Agricultural Land Reserve within the boundaries of Deita. ~ (_Yourstr y, r"'",· ~ ------/...., , 'LOirE .. Jae son !/~':3yor "" GC: v'Delta Council George V. Harvie, Chief Administrative Officer Sean McGill. Director of Human Resources and Corporate Planning .. BRITISH genrJa. r2 "-F1' I COLUMBIA i.A fiLE #; ItbOL'Y .;>S'.2 I\j' . The Best Place on Earth Ref 26496 & 26752 JAN 1 C 2011 Mayor Lois Jackson The Corporation of Delta 4500 Clarence Taylor Crescent DeitaBC V4K 3E:j. • . / C6!J Dear MaY,.01'1ackson: . 111ank you for your letter of November 10,2010, regarding Tsawwassen First Nation (TFN) Land additions. My predecessor, the Honourable George Abbott, briefed me on his September 29 th meeting with you and your Council at the UBCM annual convention in Whistler. He informed me that I should expcct a letter from you outlining your concems about the status of the fee simple land parcel that is being considered for development adjacent to TFN's Treaty Settrement Lands. Minister Abbott expressed how impressed he was with the District of Della for negotiating such a large number of servicing agreements with TFN before the effective :.i . j date oflhe treaty .. He was also pleased to hear that much progress has been made on the implementation· of the agreements. TFNis able to purchaSe lands available within any municipality and hold them as· fee simple lands. However, only certain lands can be added to the treaty settlement land. If TFN purchases land within Speciti\:d Lands (lands set out in Appendix 1, page 255·260 in Appendices of the TFN Final Agreement) within 50 years after the effective date ofthe treaty, TFN may add these lands to Tsawwassen Lands. The lands referenced in your letter are not within the Specified Lands. Therefore, those lands cannot be added to Tsawwassen Lands within 50 years after the effective date . .. .12 Ministry of Office of the Mailing Address: Tdephune, 250 953·4844 Aboriginal Relations Minister PO Box 905) Sm PI'OV GOVl F,c'imiMAY01i'S OFFICE . and Recollciliution Vicrori.a Be YBW 9E2 e.-mail: ABR.Mihis[l!r@gov,hc,ca website: www.gov.bc.ca/arr . JAN 17 2011 RECEIVED. , Mayor Lois Jackson Following 50 years after tbe effective date, the BC Government will consider a request by TFN to add land (including any parcel of Specified Lands) to Tsawwassen Lands if: 1. TFN owns the land in fee simple (i.e., willing seller basis); 2. the land is within Tsawwassen Territory (Appendix A page 7); and 3. the land is either:. . . . . a. outside municipal boundaries and a change in jurisdiction to that land'will not unreasonably restrict the expansion or development of a municipality; or b, inside the municipal boundaries and the municipality consents. Canada will consider a request by TFN (0 add land to Tsawwassen Lands if: . 1. TFN owns the land in fee simple (i.e. willing seller basis); 2 ..the land is within Tsawwassen Territory (Appendix A page 7 of the TFN Final Agreement); and 3. the lands are: a. free from any overlapping Aboriginal claim; or b. subject to an overlapping Aboriginal claim and the claimant consents, The lands discussed in your letter are within the boundaries of the Corporation of Delta. Therefore, I can confirm that in order for toose lands· to be added to Tsawwassen Lands after 50 years from the effective date, consent from Canada, British Columbia and the bistrict of Delta would be required. The lands in question are also within the Agricultural Land Reserve. If, at a future date, TIN wishes to have additional land removed from the Agriculiural Land Reserve, they can apply to the Agricultural Land Commission through the process setout in the Agricultural Land Commission Act. TFN may request exolusion from this process, which mayor may not be approved. Again,thank you for writing. J hope that the information provided in this letter is helpful to you. . Sincerely, Ban-y Penner, Q.c. Minister of Aboriginal Relations and Reconciliation Mrs. Hazel Pe."c,y 103A.86..1S120 Street Delta, Be V4C 6R5 THURSDAY, AUGUST 18,201! A13 Letters. . . 'Gleafii;"p your a.ct,Delta 'l'h,e ~ditor, " ' enf'r~ 'Re~ f(Mayor'sda~ghte'!}hlm~ honleo~neis:> l;t<:j<°fprid,:'j:heNow,Aug,l\i. ',';~~)~~yo B~r~,Ta~OJ1{()J;'yo~~Jpg'your con'ce~n$'ab01:!t th€; incentives to mairitairi homes;' investm~nts, < andb~sinesses." ,:-_'",,_ >;:':/: Our aging hOnies'are;Saging-,Qur, c nejghbourhoods and decreasing tt.e value .... of our properties. Too bad that many QeIta homeowners don't 'see;m to-care. , THE~EWSPAPER.COM . TUESDAY, AUGUST 2"tOll All LETTERS· 4 pr~sentable ~ Deltashould act to keep properties TheEdito~ - couid give .the city the power to do the Finally; seniors facingdeclining health are Re; ~'Mayor's' daughter slams homeowners' necessarY repairs and put it on the owner's just not able. to mamtain their homes to,a !ackof pride;' the Now, Aug. 16. tax bill. standard they once took pride in ~ an~ they , I think it was insightful and timely that Tom Durning, also face a sho~tage of retirement residenc:e Barbara Jackson,the mayor's daughter, TRAC Tenant Resource & Advisory Centre options if they wouldJij SEP 0 B Z011 Her Worship Reference: 196968 Mayor Lois E. Jackson The Corporation of Delta 4500 Clarence Taylor Crescent Delta BC V4K 3E2 Dear Mayor Jackson: Re: Commercial Vehicle Inspections Thank you for your letter regarding the annual Commercial Vehicle Inspection Initiative in Delta. Please accept my apologies for the lateness of this reply. Safety is the ministry's highest priority, and I appreciate you bringing the results of this inspection to my attention. The number of commercial vehicles found to be out-of-service every year is a cause for concern. However, as you note, it's important to remember these are targeted inspections. Highly trained vehicle inspectors are pre-screening thousands of vehicles passing through the inspection sites and only selecting visibly poor or known vehicles for a more fulsome inspection. The high out-of-service rate suggests vehicle inspectors are doing a good job targeting unsafe vehicles. Nonetheless, there should be fewer unsafe vehicles to find, and I agree that more can to be done to ensure commercial vehicles are safe to travel on our roads. The ministry's Commercial Vehicle Safety and Enforcement (CVSE) Branch staff are continuing to conduct daily roadside inspections. CVSE is also leading a review in conjunction with the British Columbia Trucking Association on the National Safety Code system implemented in the province. This review aims to determine reforms in the system that will significantly lessen the number of carriers that operate illegally or dangerously. .. .12 MAYOR'S OFFICE SEP 13 2011 RECEIVED Ministry of Transportation Office of the :Minister Mailing Address: and Infrastructure Parliament Buildings Victoria Be vav lX4 - 2 - I was glad to hear that CVSE Regional Manager Steve Haywood has arranged a meeting with you to discuss the inspection results and ideas for future enhancements. The ministry looks forward to continuing to work with the Corporation of Delta on ways to improve the safety of roads in British Columbia. Thank you again for talcing the time to write. Sincerely, Blair Lekstrom Minister Copy to: Steve Haywood, Regional Manager CVSE South Coast Region Ii\YOf'llI . M. FILE.# 050,'00-00, Fl\'om the office of THE CORPORATION OF DELTA The Mayor, LOis E. Jackson TYPE:~L~.~_,_,~ July 6,2011 DEPT: _._l2£.l,;-___,~, AT.#:~d The Honourable Blair Lekstrom Comments: Minister of Transportation and Infrastructure PO Box 9055, STN PROV GOVT Victoria, BC V8W 9Ei Dear Minister, Re: Commercial Vehicle Inspections The Delta Police Department, in partnership with many other agencies, recently completed its annual Commercial Vehicle Inspection Blitz .. There is some concern that for five years, this focused initiative has produced evidence of what we believe to be a significant number of defective vehicles on our roads. The out-of-service rate is higher than other inspection initiatives due to targeted enforcement; however this number has not improved in any meaningful way based on year-to-year comparisons. We believe more needs to be done by way of regulatory changes to ensure businesses and drivers are maintaining their vehiCles to improve public safety as well as protect our roads and infrastructure. I would be pleased to meet with you to discuss the average results of our annual inspections as well as ways to improve road safety in Delta and the province at large. I look forward to hearing from you on this important matter. Enclosure: Delta Police Media Release, April 27, 2011 cc: Delta Council George V. Harvie, Chief Administrative Officer Chief Constable Jim Cessford, Delta Police Department DATE 4500 Clarence Taylor Crescent, Delta, British Columbia, Canada V4K 3E Tel: 604 946-32lO Fax: 604 946-6055 E-mail: [email protected] Delta Police Department Media Release 4455 .Clarence Taylor q:"escent • Delta l Be . V4K 3El www.deltapoHce.ca Release date/time: April 27, 2011/1500 hours Incident: Commercial Vehicle Inspection JFO Blitz A1.Sgt. Paul Eisenzimmer Date/Time: April 19 - 21 Media Relations Location: Various locales throughout Delta 604.595"2125 DPD fUe: [email protected] Delta Police Address a Strategic Goal with Fifth Annual Commercial Vehicle Inspection Last week. the Delta, Police Department Traffic Section enlisted the support of Policing arid regulatory enforcement agencies from across British Columbia. for an annual 3 day Commercial Vehicle Safety Initiative. The combined team of officers/civilians included representatives from the Delta Police Commercial Vehicle Enforcement Unit. the Provincial Commercial Vehicle Safety and Enforcement Untt(CVSE). the Integrated Road Safety Unit (IRSU). Surrey RCMP. Richmond RCMP. Surrey Bylaw Office. Deas Island RCMP (Traffic Unit). New Westmlnsler Police Departmen~ Vancouver Police Department. Integrated K-9. the Ministry of Finance. Transport Canada. Worksafe BC. and the Corporation of .Detta mechanical staff. and volunteers from the Delta Community Police Offices. for a total oi 115 partlclpants. One of the Strategic Goals of the Delta Police Department is to make Delta's roads the saJest in BC. Delta has one of the highest; if not the highest. ratio in BC of commercial vehiCles transiting Its roads. This was the largest initiative of its type in the Province. The focus of the blitz was business vehicles that are not property maintained and pose a danger on our roads. ' , The Inspectors examine vehicles using a "three criteria" reporting system; 1) 4CPass" 2) "VIolation Present"(VP) 3) "Out Of Service" (ODS). If a vehicle has been given an out of service designation - the vehicle cannot turn another wheel before fixing the deficiency that put it out of service. The inspectors had a variety of repair businesses; tire companies and tow companies on standby to a'sslst and conduct mobile service. Targeting visibly defective container trucks. dump trucks, and commercial trades vehicles. the initiative yielded the following results: Categories Total Inspections Container and Dump Trucks: 195 Vocational 170 Highway Trucks 119 Total number of Inspections; 474 Overall Out of Service (O~S); 186 'i Out of service Rate: 38% I ! These numbers do not reflect the status of the business/commercial transport industry. Our percentages of Out of Service Orders will be higher due to our targeting strategies. Delta Police Department - Media Release Page 2 of 2 A year to year comparison shows a relative consistency of vehicles taken Out of Service, With a slight decline this year. Comparison 2006 2007 2009 2010 2011 Vehicles Inspected 544 612 580 448 484 Number Out of Service 154 249 228 188 186 Out of Service Rate 28% 41% 39% 42% 38% The Delta Police Department is one of very few police departments that maintain a dedicated team of Commercial Vehicle Inspectors. The DPD Commercial Vehicle Enforcement Unit would like to thank ali of the Officers, their organizations, and the volunteers that participated in this Initiative. This Is a great example of Federal, Provincial, and Municipal agencies working together with community support to decrease the danger level on our roads. 4l genda Mayor .Ceuncil 1"""& FI LE # From: Britt Karlstrom [[email protected]] ~ Sent: Friday, September 09, 2011 9:45 AM !¥ To: Mayor & Council l..w Subject: Canadian Cancer Society: Banning the Use and Sale of Cosmetic Chemical Pesticides in Bq:B Letter of Support from the Corporation of Delta ...::. Attachments: CCS Municipal Template Letter Corporation of Delta.doc r.~ - - ~ Importance: H~h ~ TYPE Be¢o..1 Ar~'I September 9,2011 DEPT: cA.+ ~,~ , '6--::l 'l '1 fth C . fD It A.T# JD<. D ear M ayor an dCounci 0 e orporatlon 0 e a, Comments:UQ. 00W':o& 5/ J \ " ,(Cj'>A \0e N1eeh~ The Canadian Cancer Society, BC & Yukon Division (CCS), is working on a provincial campaign to ban the use and sate' of cosmetic chemical lawn and garden pesticides, this includes: herbicides, fungicides, and, insecticides. We are doing this to protect the health of all BC residents and the environment. Currently, 39 municipalities in BC have bylaws in place (including the Corporation of Delta) that restrict the use of cosmetic pesticides. However, only the Province can ban the sale of cosmetic pesticides. As many as sixteen municipalities that have pesticide-use bylaws in place have passed a motion to send a letter to the Environment Minister and Premier supporting a province-wide ban on the use and sale of cosmetic chemical lawn and garden pesticides in BC. The CCS is asking the Corporation of Delta to please lend its support to a ban on the use and sale of cosmetic chemical pesticides for lawns and gardens in BC and send in a letter ofthis support to the Environment Minister and Premier. As you may know, public support for banning the use and sale of cosmetic pesticides in BC is very high. For convenience, I have attached a template letter of support for you to review at your earliest opportunity. You may use this letter or draft your own version. I am available to answer any questions you may have. Please kindly let me know of your decision. On behalf of the Canadian Cancer Society BC & Yukon Division, thank you to the Corporation of Delta for its support on this matter. . Kind regards, Britt Karlstrom Public Outreach Specialist Canadian Cancer Society BC & Yukon Division 250-812-6026 [email protected] 1 Honourable Dr. Terry Lake Minister of Environment Room 112 Parliament Buildings Victoria, BC V8V lX4 CC: Honourable Premier Christy Clark at [email protected] Dear Minister, The of would like the BC government to introduce strong legislation by winter 2011/2012 that would protect the health of BC children and families by banning the sale and use of cosmetic chemical pesticides on lawns and gardens and non-agricultural landscaping. There is broad public support for a cosmetic chemical pesticide ban in Be. A total of 38 municipalities across BC have implemented cosmetic chemical pesticide by-laws to protect the health of the residents and the environment. February 15, 2011 marked the one year anniversary of the conclusion of the BC government's public consultation restricting cosmetic chemical pesticides. During that 60-day consultation period, the Ministry of Environment received more than 8,000 comments, signatures on petitions, or submissions in response, the vast majority of which were in support of cosmetic chemical pesticide legislation. According to a recent poll commissioned by the Canadian Cancer Society, over 70% of British Columbians support a phase-out of cosmetic pesticides on private and public properties, and 76% are aware of the link between pesticides and cancer. The poll also revealed that there is no difference in support between rural or urban residents, and that most BC residents are willing to try alternatives to chemiCals and pesticides (75% of British Columbians are extremely or very likely to usean alternative to if provided with information and tips). Cosmetic chemical pesticide use is a public health issue, particularly for children and families. Children are at a greater risk from pesticide exposure than adults because they are closer to the ground and their bodies are still developing. The cosmetic use of pesticides is also harmful to the environment, and is non-essential. Pesticide bans work, and alternatives to chemical pesticides are available and good for business. The of is asking for the introduction of strong province-wide cosmetic pesticide legislation by winter 2011/2012, so that all BC residents are protected from exposure to cosmetic chemical pesticides. Regards, • • Environment Environnement • I Canada Canada 1F{)~,;DQ;:$;2,9~:::,Bg D cc~~~~~-,~=~ - -- Gatineau, QC K1 A OH3 SEP 122011 Mayor Lois E. Jackson -B~~jJ~fo!ldq Corporation of Delta /" II ,_ ,,- 4500 Clarence Taylor Crescent -~~~,b AT. #: II 0,;),',2' i,_ ','~~-~ Delta, BC V4K 3E2 ~__ ::i...!I,J Li , CQmmellt~: Ocior;;--?, _~_c Dear Mayor Jackson: 'f.t The commitment to wetland protection and environmental conservation demonstrated by your municipality and the other partners in the development of this proposal is very encouraging. It is gratifying to see that the wetlands of the Fraser Delta, including Burns Bog to which the federal government contributed significantly, have been nominated receive international recognition. I am pleased to advise you that the proposal package is now complete and has been received by my office. The application is under review by staff of the Wetlands Office for completeness and compliance with the Ramsar Bureau's guidance on the preparation of Ramsar Information Sheets. My office will forward the package to the Minister of Environment for consideration. In the meantime, should you have any questions, please feel free to have your staff contact Mr. Ken Brock at (604) 940-4681. Sincerely, U)/1 ,IL---- Virginia Poter Cc: Delta council George Harvie, Chief Administrative Officer Mike Brotherston, Manager of Climate Action and Environment MAYOR'S OFFICE SEP 2 1 2011 RECEIVED Canada www.ec.gc.ca THE CORPORATfON OF DELTA The Mayor, Lois E. Jackson May 4,2011 ~h'PE: j rJ pi2. _____ ~ l::liEPf: (4-7 f e' _ Virginia Poter, Director General Canadian Wildlife Service, Environment Canada A.. t 1#: ~{)SO?l Og""" Place Vincent Massey ~amme!1i7 351 St. Joseph Blvd. Gatineau, Quebec KiA OH3 Dear Ms. Poter: Re: Ramsar Wetland of International Significance At the Regular Meeting of April 18, 2011, Delta Council received the enclosed staff report on the topic of the Ramsar Wetland of International Significance application for the Fraser Delta Wetland site, which consists of Burns Bog, Sturgeon Bank Wildlife Management Area, South Arm Marshes Wildlife ManagementArea, Boundary Bay Wildlife Management Area and Serpentine Wildlife Management Area. Delta Council endorsed the draft application presented and formally resolved: "THA T the draft application for designating Burns Bog and the Provincial Wildlife Management Areas within the Fraser River Delta as a Ramsar Wetland of Internationql Significance be endorsed and a leiter in support of the application be provided to the Canadian Wildlife Service of Environment Canada." The Corporation of Delta is the owner of the lands identified in the application as the "Burns Bog Boundary Parcels" and is co-owner of the local government lands in the Burns Bog Ecological Conservancy Area. This letter is to provide Delta's forrnal approval and support for the inclusion of these lands within the area proposed to be designated as the Fraser Delta Ramsar Wetland of International Significance. Thank you for your consideration of the application and we look forward to working with Environment . C~nada in the pursuit of this important international designation. If you require any additional ?""'-"'-l!<"ation, please contact my office at 604-946-3210. "'~ao rs tru / / " ' ~;:~ ~ x;r~~on /',Mayor t/ Enclos~re 1i\'FORMftITlON TO COUNCil cc: VDelta Council ' George V. Harvie, Chief Administrative Officer ~ til ll- f Mike Brotherston, Manager of Climate Action and Environment DATE ~.;~~.w:v.JJtu.lt~_.~. ~.~ 'l500 (Jarence Ta~dor Crescent. Delta, British Columbia_ Canackl \14K 3E.2 Tel: hU4 946':-)21 \) Fox: 604 946--6055 F.-mail; m~lI.)or'(!-corp.deita.bc:.ca BRITISH COLUMBIA The Best Place on Earth SEP 16 2011 Her Worship Mayor Lois E. Jackson The Corporation of Delta 4500 Clarence Taylor Crescent Delta BC V4K 3E2 Dear Mayor Jackson: Re: Air Quality Impacts from the South Fraser Perimeter Road I am writing in response to the letter of August 3, 2011, from Municipal Clerk Angila Bains, regarding Delta Council's request for air quality data from an existing intersection and interchange to help evaluate the potential impact of the planned South Fraser Perimeter Road (SFPR) design. The rate and amount of air emissions are primarily influenced by factors such as the number of cars travelling, kilometres driven and fuel burned. As such, the difference in air quality between interchanges and intersections is almost undetectable. The change in emissions tied to this single design change across a 40-kilometre project would not be significant locally or regionally. The SFPR project team is reviewing technical work by other jurisdictions to identify any recent air quality studies that may be consistent with the SPFR traffic situation. The team will be pleased to share their findings with Council. Interchanges will be constmcted at the Sunbury and Tilbury intersections when traffic warrants the change. The property for these interchanges has already been purchased and preloaded to prepare the sites for construction in the future. ..,/2 MAYOR'S OFFICE SEP 2 1 2011 RECEIVED Ministry of Transportation Office of the Minister Mailing ;\.ddress: and Infrastructure Parliament Buildings Victoria Be VSV lX4 - 2 - Should you have any further questions or concerns about the SFPR, please don't hesitate to contact Executive Director of the Gateway Program, Geoff Freer. He can be reached by telephone at 604 940-7960 or bye-mail at [email protected] and would be pleased to assist you. Blair Lekstrom Minister Copy to: Geoff Freer, Executive Director Gateway Program THE CORPORATION OF DELTA OFFICE OF THE MUNICIPAL CLERK TYPE: ,_--kr~nC,I:':....:::k",,·J __ August 3, 2011 DE PT: iJltfJt: A,T, II: \('862>\ The Honourable Blair Lekstrom l;omme1te p'. ",./, ~ 1009$'0 Minister of Transportation and Infrastructure POBox 9850 STN Prov Govt Victoria BC V8W,9T5 Dear Minister Lekstrom: Air Quality Impacts - South Fraser Perimeter Road Please be advised that at the July 25, 2011 Regular Meeting, Delta Council considered the attache~ report from the Environment Advisory Committee dated July 11, 2011 regarding the above and unanimously endorsed the following resolution: 'THAT the Environment Advisory Committee is dissatisfied with the response from Gateway advising that an air quality model comparing interchanges to intersections is not proposed to be completed for South Fraser Perimeter Road (SFPR), and is therefore recommending that Delta Council request that the Ministry of Transportation and Infrastructure be . requested to provide an actual vehicle emissions and air quality comparison, relating to traffic flow through an existing interchange versus an existing intersection that would be representative of the South Fraser· Perimeter Road (SFPR)." This letter is provided for your information and action. Yours truly, ' --= Ang a Bains MuniciP!31 Clerk INFORtIl!AT!ON TO COUNCIL Attachment DATE ,J\; Jtj ~_ .. _, cc: Mayor & Council -~:T'T'""U . Mike Brotherston - Manager of Climate Action and Environment 4500 Clarence Taylor Crescent, Delta, Be V41< 3E2 Tel: 604,946-3220 Fa)(: 604.946.3390 J. R. (Juggy) Pallan . "t1i?d~IJ!1j}~1wJq Land Planner D E PT"~_"l:f3::J2""".. "~ .. ~ ************* I\.T 1I~_~1~Q~L'::ln,. 5133 Westminster Ave. Delta, Be V4K 213 ~~~~d~enjs: O{.~I:w· 3) i ( AA no' ,. . '. f\ I[j q, ittl' fI "" L-l1"J Phone: 604-946-9842*Fax:604-946-9853*Email: [email protected] • September 28, 2011 Regarding LU006229 9364 116"' St., Delta, BC Mayor Lois Jackson, Councillors Robert Campbell, Scott Hamilton, Heather King, Bruce McDonald, Ian Paton, Anne Peterson Dear Mayor and Council: This application was rejected at the Public Hearing on September 20, 2011. I would like you to reconsider the application for rezoning into three (3) lots due to the following criteria. j.o) In 200ri'this'application recei~edtnird Read'~i arii~~pr()~ai:t~~';d:hiil~~s>~e;l'i?" submitted and stamped by Engineering . . 2.) The Engineering Dept. did not ask us to come to the meeting with Dan and Dixie Granger, and Ernie Gedding. 3.) Dan and Dixie Granger, and Ernie Gedding made comments about sidewalks at the . Public Hearing-this has no bearing on the current application. Installings sidewalks is the responsibility of the Corporation of Delta. 4.) The developer would be willing to put sidewalks in at his expense. 5.). There are 4 schools in the surrounding area; 'The schools'depend on full enrollment. If there are no new property developments, and no nelll( h()meswith families, then the schools will face a dwindling enrollment.' The object:iori tQthesubd.ivision negates the . impact on the schools.." . , . :...• " .;.:;. C::'::'J ".:,' :.1 .. "":"'.'."""," , .. let 6.} Schools are at least 4 blocks away from the development site-the development will enhance the existence of the schools. 7.) Congestion created by this development as stated by Mr. Gedding is.·no more than it has been since the last application was approved. 116th Street already has several new developments and Engineering's Five Year PlaQ is in progress. Congestion is not being created by this one more development. 8.) Mr. Gedding is opposed to more rentals. This subdivision already has an approved building design guideline. Legal suites may be built because the Corporation of Delta allows a single suite to be built in new buildings. 9.) Rental units provide low cost housing for those who need it. Mr. Gedding's opposition to rentals is reflective of his personal position, which has no bearing on the application for the subdivision. 10.) The neighbourhoods throughout North Delta are undergoing changing demography. A changing demography is a sign of progress-progress not only for the developer but for the Corporation of Delta as a whole. Progress for ONE is progress for the Community. There are more positive aspects of property developments than negatives. To stop developments on the basis of a changing demography negates the opportunity to provide property improvement. 11.) Mr. Gedding talks about Adult HalfWay Houses, Teen Transition Houses, tagging, transients, drugs and general decline. There is no evidence of any of those tabulated by Mr. Gedding. None of these exists on 116th Street and developments have already taken place on this street. To deny the right to develop our property on the basis of the argument presented by Mr. Gedding is unfair, unjust and tantamount to fear-mongering. The developer will build three quality homes on this property keeping in mind all of the restrictions placed on him by the Corporation of Delta. 12.) ",JtJ,~AIl,veIOPllr Was. never. invited to"any neighbourhood· meetirigs:with the"""'" ,. Engineering Department of the Corporation of Delta regarding levels of congestion, It is apparent that the Engineering Department is working on a five year project for 116'h Street. The impact to congestion by this development is relative as is all other developments. It should .not be. the. reason to reject tOe.developmlilnt.,eleasecreMiew, comments made by Brad Badelt (Manager of DeveJopment Ser:vicel;jandMarcy Sangret (Deputy Director of Community,Planning and Developmegt),s,. C'"e,ss:;c'" ie' no; :)2:r" Based on the above points, thedevelClper for the property located at 9364-116·h Street, North Delta hopes that the Mayor and CounciLwiUreview tne.iF.decision',andi approve the application for rezoning and developmentlwithvariance,permit::-9.364".., 116·h St. North Delta. ..,' :. ~". ' ' ,;.' . -