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VILLAGE OF BELCARRA
REGULAR COUNCIL AGENDA
VILLAGE HALL
MONDAY, NOVEMBER 24, 2014
8:15 PM
COUNCIL
Mayor Ralph Drew
Councillor Bruce Drake
Councillor Jennifer Glover
Councillor Colin Richardson
Councillor Jamie Ross
1.
CALL TO ORDER
Mayor Ralph Drew will call the meeting to order.
2.
APPROVAL OF THE AGENDA
2.1
Regular Council Meeting Monday, November 24, 2014
Recommendation:
That the Agenda for the regular Council Meeting, Monday, November 24, 2014
be approved as circulated.
3.
ADOPTION OF MINUTES
3.1
Regular Council Meeting Monday, November 10, 2014
Recommendation:
That the Minutes from the regular Council Meeting held Monday,
November 10, 2014 be adopted.
4.
DELEGATIONS AND PRESENTATIONS
5.
REPORTS
5.1
Recreational Waterfront Licence No. BEL116-00601F-001 Renewal;
Sub-Licence Agreement SL-0601 (01) and Highway Encroachment
Agreement Fronting 3750 Marine Avenue with Swift Heron Society
Lynda Floyd, Chief Administrative Officer to provide a report dated
November 20, 2014, regarding Recreational Waterfront Licence No. BEL11600601F-001 Renewal; Sub-Licence Agreement SL-0601 (01) and Highway
Encroachment, Agreement Fronting 3750 Marine Avenue with Swift Heron
Society.
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Recommendation:
That:
1. The Mayor and Chief Administrative Officer be authorized to execute
Recreational Waterfront Licence No. BEL116-00601F-001 renewal between
the Village of Belcarra and Vancouver Fraser Port Authority, waterlot fronting
Marine Avenue, adjacent to Lot 9, Block 3, NWD, Plan 3014, for the term May
1, 2013 to April 30, 2015;
2. The Mayor and Chief Administrative Officer be authorized to execute
Recreational Waterfront Sub-Licence No. SL-0601 (01) Agreement renewal to
Swift Heron Society for the term May 1, 2013 to April 30, 2015;
3. The issuance of a Highway Encroachment Agreement to Swift Heron Society
authorizing permission to encroach, occupy and maintain existing stairs on
municipal lands fronting property located at 3750 Marine Avenue, be
approved; and
4. The Mayor and Chief Administrative Officer be authorized to execute the
Highway Encroachment Agreement for a five year term beginning on the date
of execution subject to Swift Heron Society rectifying any deficiencies noted
during the municipal inspection of structures located within the encroachment
area.
5.2
Recreational Waterfront Licence No. BEL116-00600F-001 Renewal;
Sub-Licence Agreement SL-0601 (01) and Highway Encroachment
Agreement Fronting 3884 Marine Avenue with Woodhaven Beach Club
Wharfage Society
Lynda Floyd, Chief Administrative Officer to provide a report dated
November 20, 2014, regarding Recreational Waterfront Licence No. BEL11600600F-001 Renewal; Sub-Licence Agreement SL-0601 (01) and Highway
Encroachment Agreement Fronting 3884 Marine Avenue with Woodhaven Beach
Club Wharfage Society.
Recommendation:
That:
1. The Mayor and Chief Administrative Officer be authorized to execute
Recreational Waterfront Licence No. BEL116-00600F-002 renewal between
the Village of Belcarra and Vancouver Fraser Port Authority, waterlot fronting
Marine Avenue, adjacent to Lot 3, Block 2, NWD, Plan 3014, for the term May
1, 2013 to April 30, 2015;
2. The Mayor and Chief Administrative Officer be authorized to execute
Recreational Waterfront Sub-Licence No. SL-0600 (01) Agreement renewal to
Woodhaven Beach Club Wharfage Society for the term May 1, 2013 to April
30, 2015;
3. The issuance of a Highway Encroachment Agreement to Woodhaven Beach
Club Wharfage Society authorizing permission to encroach, occupy and
maintain existing stairs on municipal lands fronting property located at 3884
Marine Avenue, be approved; and
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REGULAR COUNCIL AGENDA
4. The Mayor and Chief Administrative Officer be authorized to execute the
Highway Encroachment Agreement for a five year term beginning on the date
of execution subject to Woodhaven Beach Club Wharfage Society rectifying
any deficiencies noted during the municipal inspection of structures located
within the encroachment area.
5.3
Consent to Assignment of Recreational Waterfront Licence Agreement No.
BEL116-00431F-003; Highway Encroachment Agreement Fronting 3844
Marine Avenue with Sun Dog Yacht Club
Lynda Floyd, Chief Administrative Officer to provide a report dated
November 20, 2014, regarding Consent to Assignment of Recreational Waterfront
Licence Agreement No. BEL116-00431F-003; Highway Encroachment Agreement
Fronting 3844 Marine Avenue with Sun Dog Yacht Club.
Recommendation:
That:
1. The Mayor and Chief Administrative Officer be authorized to execute Consent
to Assignment of Recreational Waterfront Licence Agreement No. BEL11600431F-003 renewal between the Village of Belcarra and Vancouver Fraser
Port Authority, waterlot fronting 3844 Marine Avenue, reflecting ownership
change of upland property PID 010 833 471, Lot 19, Block 4, NWD Plan
3014;
2. The issuance of a Highway Encroachment Agreement to Sun Dog Yacht Club
authorizing permission to encroach, occupy and maintain existing stairs on
municipal lands fronting property located at 3844 Marine Avenue, be
approved; and
3. The Mayor and Chief Administrative Officer be authorized to execute the
Highway Encroachment Agreement for a five year term beginning on the date
of execution subject to Sun Dog Yacht Club rectifying any deficiencies noted
during the municipal inspection of structures located within the encroachment
area.
5.4
Consent to Amendments to Recreational Waterfront Licence Agreement No.
BEL116-11024F-001; Highway Encroachment Agreement Fronting 3732
Marine Avenue with Drunken Crab Dock Association
Lynda Floyd, Chief Administrative Officer to provide a report dated
November 20, 2014, regarding Consent to Amendments to Recreational
Waterfront Licence Agreement No. BEL116-11024F-001; Highway Encroachment
Agreement Fronting 3732 Marine Avenue with Drunken Crab Dock Association.
Recommendation:
That:
1. The Mayor and Chief Administrative Officer be authorized to execute Consent
to Amendments of Recreational Waterfront Licence Agreement No. BEL11611024F-001 between the Village of Belcarra and Vancouver Fraser Port
Authority, waterlot fronting 3732 Marine Avenue, reflecting membership
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REGULAR COUNCIL AGENDA
change to add upland property PID 003 744 779, Lot 10, Block 10, NWD Plan
3014;
2. The issuance of a Highway Encroachment Agreement to Drunken Crab Dock
Association authorizing permission to encroach, occupy and maintain existing
stairs on municipal lands fronting property located at 3732 Marine Avenue, be
approved; and
3. The Mayor and Chief Administrative Officer be authorized to execute the
Highway Encroachment Agreement for a five year term beginning on the date
of execution subject to Drunken Crab Dock Association rectifying any
deficiencies noted during the municipal inspection of structures located within
the encroachment area.
5.5
Safety Maintenance of Pedestrian Walkways and Traffic Sightlines
Larry Scott, CPWI 3, Superintendent of Public Works and Building Official to
provide a report dated November 19, 2014, regarding Safety Maintenance of
Pedestrian Walkways and Traffic Sightlines.
Recommendation:
That:
1. Property owners may be directed to remove unauthorized recently planted or
placed hedging and/or landscaping from municipal lands;
2. Established hedging or landscape may be directed to be trimmed or removed
to maintain a one (1) metre or greater hedge- or landscape-free zone;
3. Staff authority to undertake the trimming or removal of hedging or landscape
in cases where the responsible or benefitting property owner is unknown or
not prepared to undertake the requested works, be affirmed;
4. Staff be directed to investigate a means to recover costs for remedial works
undertaken by Staff or contractors hired on behalf of the Municipality; and
5. Road Use Permit Fees for authorization to undertake remedial works on a
Road Allowance for the purpose of complying with a maintenance or removal
directive be waived.
5.6
2014 Local Government Elections – November 15, 2014
Karen-Ann Cobb, Chief Election Officer to provide a report dated
November 18, 2014, regarding 2014 Local Government Elections –
November 15, 2014.
Recommendation:
That the report titled “2014 Local Government Elections – November 15, 2014”
dated November 18, 2014 from Karen-Ann Cobb, Chief Election Officer, be
received.
6.
REPORTS FROM MAYOR AND COMMITTEES
6.1
Mayor’s Report
6.1.1 Setting the Record Straight
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NOVEMBER 24, 2014
6.2
Public Works & Planning – Councillor Ross
6.3
Special Projects – Councillor Richardson
6.4
Protective Services – Councillor Drake
6.5
Environmental Affairs – Councillor Glover
7.
BYLAWS
REGULAR COUNCIL AGENDA
No items presented.
8.
CORRESPONDENCE/PROCLAMATIONS
Recommendation:
That correspondence items 8.1-8.3 be received.
INFORMATION ITEMS
8.1
Mayor Drew, November 19, 2014, regarding Adding “Bedwell Bay” (49º19′N,
122°55′W) to “Designated Sewage Areas” Schedule 2 (Section 83), “Vessel
Pollution and Dangerous Chemicals Regulations” (SOR/2012-69).
8.2
Paul Topping, Manager, Environmental Protection, Transport Canada, Marine
Safety and Security, November 19, 2014, regarding Vessel Pollution and
Dangerous Chemicals Consultation.
8.3
Paul Mudroch, Paul Mudroch, Senior Environmental Advisor , Marine Safety Operations and Environmental Programs, Transport Canada,
November 20, 2014, regarding Designation Request for Bedwell Bay,
Belcarra, BC.
9.
NEW BUSINESS
10.
PUBLIC QUESTION PERIOD
11.
RESOLUTION TO CLOSE MEETING
12.
ADJOURNMENT
Recommendation:
That the November 24, 2014 Regular Meeting be terminated.
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3.1
VILLAGE OF BELCARRA
REGULAR COUNCIL MINUTES
VILLAGE HALL
MONDAY, NOVEMBER 10, 2014
Council in Attendance
Mayor Ralph Drew
Councillor Bruce Drake
Councillor Jennifer Glover
Councillor Colin Richardson (Arrived at 7:33 pm)
Councillor Jamie Ross
Staff in Attendance
Lynda Floyd, Chief Administrative Officer
Larry Scott, Superintendent of Public Works and Building Inspector
Shelly Kean, Corporate Services Assistant
1.
CALL TO ORDER
Mayor Ralph Drew called the meeting to order at 7:32 pm.
2.
APPROVAL OF THE AGENDA
2.1
Regular Council Meeting Monday, November 10, 2014
Moved by:
Seconded by:
Councillor Drake
Councillor Glover
That the Agenda for the regular Council Meeting, Monday, November 10, 2014
be approved as circulated.
CARRIED
3.
ADOPTION OF MINUTES
3.1
Regular Council Meeting Monday, October 20, 2014
Moved by:
Seconded by:
Councillor Glover
Councillor Ross
That the Minutes from the regular Council Meeting held Monday,
October 20, 2014 be adopted.
CARRIED
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NOVEMBER 10, 2014
3.2
REGULAR COUNCIL MINUTES
Regular Council Meeting Monday, October 27, 2014
Moved by:
Seconded by:
Councillor Drake
Councillor Glover
7:33 pm
Councillor Richardson arrived at the meeting.
That the Minutes from the regular Council Meeting held Monday,
October 27, 2014 be adopted.
CARRIED
4.
DELEGATIONS AND PRESENTATIONS
4.1
John Snell, 3535 Main Avenue, spoke regarding Increasing Sewage in Bedwell
Bay, noting:
• Bedwell Bay is a multi-use, recreational body of water;
• There is increased dumping of marine vessel heads in Bedwell Bay;
• Sewage discharge upstream and downstream in Indian Arm ends up in
Bedwell Bay; and
• Bedwell Bay should be added to Transport Canada’s Designated Sewage
Area list.
Discussion ensued relative to:
• Enforcement by Federal agencies;
• Role and responsibilities of Provincial Ministry of Environment;
• Environmental groups and projects in the area;
• Sewage being trapped in Bedwell Bay;
• Options for marine vessel sewage disposal; and
• Process of applying for Designated Sewage Area designation.
Moved by:
Seconded by:
Councillor Ross
Councillor Drake
That the Village of Belcarra request that Transport Canada, as administrators of
the Canada Shipping Act, have Bedwell Bay added to the list of waterbodies
identified in Schedule 4 (Section 15), referred to as Designated Sewage Areas,
where holding tanks for sewage are mandated.
Discussion ensued relative to the request to Transport Canada being expanded
to include all the waters surrounding Belcarra.
Question was then called on the motion and it was
CARRIED
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NOVEMBER 10, 2014
REGULAR COUNCIL MINUTES
5.
REPORTS
5.1
Water Access Only Properties - Wharf and Parking Options
Lynda Floyd, Chief Administrative Officer provided a report dated
November 7, 2014, regarding Water Access Only Properties - Wharf and Parking
Options, noting that:
• On October 20, 2014 Council heard a delegation representing water access
only properties regarding new limited parking options in District of North
Vancouver, where they dock their boats and park their cars;
• There are two available group wharf locations in Bedwell Bay where group
wharves could be built by the water access only property owners;
• Changes in ownership of waterfront property often includes applications for
docks; and
• Placing a moratorium on accepting wharf applications for the two available
group wharf sites would allow the water access only property owners the
opportunity to ascertain whether there is sufficient interest to organize a group
wharf society and means to construct a group wharf.
Discussion ensued relative to:
• Limiting the moratorium to one group wharf site;
• Holding both group wharf sites to enable evaluation of feasibility of each site
to meet dock and parking needs for water access only properties;
• Current interest by others in constructing group wharves in those areas of
Bedwell Bay; and
• Maintaining a firm timeline of six months for moratorium.
Moved by:
Seconded by:
Councillor Glover
Councillor Richardson
That a moratorium until May 31, 2015, be placed on accepting wharf applications
for two undeveloped Bedwell Bay potential wharf development sites between
Young Road and Kelly Avenue, namely the site in the vicinity fronting 3924 and
3918 Marine Avenue and the site in the vicinity fronting 3641 Marine and 3623
Kelly Avenue, as identified in the Official Community Plan Bylaw 435, 2011,
Schedule D Bedwell Bay Sustainability Plan Schedule A-1 Proposed Wharfage
Development and Restrictions.
CARRIED
6.
REPORTS FROM MAYOR AND COMMITTEES
6.1
Mayor’s Report
6.1.1 Staffing Requirements in Recent Years
6.2
Public Works & Planning – Councillor Ross
No items presented.
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NOVEMBER 10, 2014
6.3
REGULAR COUNCIL MINUTES
Special Projects – Councillor Richardson
No items presented.
6.4
Protective Services – Councillor Drake
No items presented.
6.5
Environmental Affairs – Councillor Glover
No items presented.
7.
BYLAWS
No items presented.
8.
CORRESPONDENCE/PROCLAMATIONS
Moved by:
Seconded by:
Councillor Richardson
Councillor Glover
That correspondence items 8.1 – 8.3 be received.
CARRIED
REQUEST FOR ACTION
8.1
Stephanie Cadieux, Minister of Children and Family Development,
November 3, 2014, regarding Adoption Awareness Month.
Moved by:
Seconded by:
Councillor Richardson
Councillor Glover
That November be proclaimed as Adoption Awareness Month in the Village of
Belcarra.
CARRIED
8.2
Jo Ledingham, President, Belcarra South Preservation Society,
November 7, 2014, regarding the Village of Belcarra establishing a Heritage
Register.
Discussion ensued relative to:
• Preventing destruction of Mayo Point Lodge;
• All time extensions requested having expired; and
• Administrative requirements of establishing Heritage Register.
Moved by:
Seconded by:
Councillor Glover
Councillor Ross
That staff follow up with the City of Port Moody and the Provincial Heritage
Branch and report back to council the requirements to establish a heritage
registry.
CARRIED
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REGULAR COUNCIL MINUTES
INFORMATION ITEMS
8.3
Richard Truscott, Director of Provincial Affairs, British Columbia, Canadian
Federation of Independent Business, November 5, 2014, regarding the
B.C. Municipal Property Tax Gaps 2003-13: A 10-Year Perspective report.
9.
NEW BUSINESS
No items presented.
10.
PUBLIC QUESTION PERIOD
Jo Ledingham, 10 Tum-tumay-whueton Drive, clarified request to have Mayo
Point Lodge put on a Heritage Register.
11.
RESOLUTION TO CLOSE MEETING
No items presented.
12.
ADJOURNMENT
Moved by:
Seconded by:
Councillor Glover
Councillor Drake
That the November 10, 2014 Regular Meeting be terminated (9:13 pm).
CARRIED
CERTIFIED CORRECT
Ralph E. Drew, Mayor
Lynda Floyd
Chief Administrative Officer
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5.1
COUNCIL REPORT
File: 2380-20-SWIF
Date:
November 20, 2014
From:
Lynda Floyd, CAO
Subject:
Recreational Waterfront Licence No. BEL116-00601F-001 Renewal;
Sub-Licence Agreement SL-0601 (01) and Highway Encroachment
Agreement Fronting 3750 Marine Avenue with Swift Heron Society
Recommendation for Consideration:
THAT:
1.
The Mayor and Chief Administrative Officer be authorized to execute Recreational
Waterfront Licence No. BEL116-00601F-001 renewal between the Village of Belcarra
and Vancouver Fraser Port Authority, waterlot fronting Marine Avenue, adjacent to Lot 9,
Block 3, NWD, Plan 3014, for the term May 1, 2013 to April 30, 2015;
2.
The Mayor and Chief Administrative Officer be authorized to execute Recreational
Waterfront Sub-Licence No. SL-0601 (01) Agreement renewal to Swift Heron Society for
the term May 1, 2013 to April 30, 2015;
3.
The issuance of a Highway Encroachment Agreement to Swift Heron Society authorizing
permission to encroach, occupy and maintain existing stairs on municipal lands fronting
property located at 3750 Marine Avenue, be approved; and
4.
The Mayor and Chief Administrative Officer be authorized to execute the Highway
Encroachment Agreement for a five year term beginning on the date of execution subject
to Swift Heron Society rectifying any deficiencies noted during the municipal inspection
of structures located within the encroachment area.
Purpose:
To seek authority to execute the Recreational Waterfront Licence renewal, Sub-licence
Agreement renewal, and Highway Encroachment Agreement relative to Swift Heron Society
occupation of the waterlot fronting 3750 Marine Avenue.
Background:
The Recreational Waterfront Licence No. BEL116-00601F-001 (the “Licence”) between Port
Metro Vancouver and the Village of Belcarra for the waterlot area shown on attachment 1 and
the corresponding sub-licence agreement for the waterlot to Swift Heron, as permitted under the
terms and conditions of the Licence, expired. The Licence and sub-licence require renewal to
permit the continued occupation of the waterlot. The terms of both agreements are concurrent.
The Highway Encroachment Agreement between the Village of Belcarra and Swift Heron
Society for municipal lands fronting property located at 3750 Marine Avenue has expired.
Continued encroachment on municipal lands to occupy and maintain stair access to the high
water mark and to enable access to the wharf facility in Bedwell Bay is desired by the Society.
Alternatives:
None suggested.
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5.2
COUNCIL REPORT
File: 2380-20-WOOD
Date:
November 20, 2014
From:
Lynda Floyd, CAO
Subject:
Recreational Waterfront Licence No. BEL116-00600F-001 Renewal;
Sub-Licence Agreement SL-0601 (01) and Highway Encroachment
Agreement Fronting 3884 Marine Avenue with Woodhaven Beach Club
Wharfage Society
Recommendation for Consideration:
THAT:
1.
The Mayor and Chief Administrative Officer be authorized to execute Recreational
Waterfront Licence No. BEL116-00600F-002 renewal between the Village of Belcarra
and Vancouver Fraser Port Authority, waterlot fronting Marine Avenue, adjacent to Lot 3,
Block 2, NWD, Plan 3014, for the term May 1, 2013 to April 30, 2015;
2.
The Mayor and Chief Administrative Officer be authorized to execute Recreational
Waterfront Sub-Licence No. SL-0600 (01) Agreement renewal to Woodhaven Beach
Club Wharfage Society for the term May 1, 2013 to April 30, 2015;
3.
The issuance of a Highway Encroachment Agreement to Woodhaven Beach Club
Wharfage Society authorizing permission to encroach, occupy and maintain existing
stairs on municipal lands fronting property located at 3884 Marine Avenue, be approved;
and
4.
The Mayor and Chief Administrative Officer be authorized to execute the Highway
Encroachment Agreement for a five year term beginning on the date of execution subject
to Woodhaven Beach Club Wharfage Society rectifying any deficiencies noted during the
municipal inspection of structures located within the encroachment area.
Purpose:
To seek authority to execute the Recreational Waterfront Licence renewal, Sub-licence
Agreement renewal, and Highway Encroachment Agreement relative to Woodhaven Beach
Club Wharfage Society (Woodhaven) occupation of the waterlot fronting 3884 Marine Avenue.
Background:
The Recreational Waterfront Licence No. BEL116-00600F-001 (the “Licence”) between Port
Metro Vancouver and the Village of Belcarra for the waterlot area shown on attachment 1 and
the corresponding sub-licence agreement for the waterlot to Woodhaven, as permitted under
the terms and conditions of the Licence, expired. The Licence and sub-licence require renewal
to permit the continued occupation of the waterlot. The terms of both agreements are
concurrent.
The Highway Encroachment Agreement between the Village of Belcarra and Woodhaven for
municipal lands fronting property located at 3884 Marine Avenue has expired. Continued
encroachment on municipal lands to occupy and maintain stair access to the high water mark
and to enable access to the wharf facility in Bedwell Bay is desired by Woodhaven.
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5.3
COUNCIL REPORT
File: 2380-20-SUND
Date:
November 20, 2014
From:
Lynda Floyd, CAO
Subject:
Consent to Assignment of Recreational Waterfront Licence Agreement No.
BEL116-00431F-003;
Highway Encroachment Agreement Fronting 3844 Marine Avenue with
Sun Dog Yacht Club
Recommendation for Consideration:
THAT:
1.
The Mayor and Chief Administrative Officer be authorized to execute Consent to
Assignment of Recreational Waterfront Licence Agreement No. BEL116-00431F-003
renewal between the Village of Belcarra and Vancouver Fraser Port Authority, waterlot
fronting 3844 Marine Avenue, reflecting ownership change of upland property PID
010-833-471, Lot 19, Block 4, NWD Plan 3014;
2.
The issuance of a Highway Encroachment Agreement to Sun Dog Yacht Club
authorizing permission to encroach, occupy and maintain existing stairs on municipal
lands fronting property located at 3844 Marine Avenue, be approved; and
3.
The Mayor and Chief Administrative Officer be authorized to execute the Highway
Encroachment Agreement for a five year term beginning on the date of execution subject
to Sun Dog Yacht Club rectifying any deficiencies noted during the municipal inspection
of structures located within the encroachment area.
Purpose:
To seek authority to execute the Consent to Assignment of Recreational Waterfront Licence
Agreement and Highway Encroachment Agreement relative to Sun Dog Yacht Club occupation
of the waterlot fronting 3844 Marine Avenue.
Background:
Vancouver Fraser Port Authority places a Section 219 covenant on properties which have a
single wharf or are members of a group wharf society having benefit from a Recreational
Waterfront Licence Agreement (the Licence) between the Village of Belcarra and the Port. A
change of property ownership or the addition of a benefitting property to a group wharf society
triggers the process for:
1.
the Port to prepare the consent to assignment of the Licence reflecting the change;
2.
staff to prepare an amendment to or a new Highway Encroachment Agreement (HEA)
with a group wharf society reflecting the ownership change, for signature of all
benefitting property owners; or
3.
staff to prepare a new HEA with the new owner of a property benefitting from a single
wharf.
The sale and ownership change of the upland property at 3543 Belcarra Bay Road, benefitting
from membership in the Sun Dog Yacht Club (Sun Dog) triggered the above noted process. A
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review of municipal records indicated that Sun Dog has continued to honour the requirements of
the HEA which expired February 28, 2007.
Continued encroachment on municipal lands to occupy and maintain access to the high water
mark and to enable access to the wharf facility in Bedwell Bay is desired by Sun Dog. This can
be facilitated by a new HEA. As the Village is the consenting party to the Licence, authority to
execute the Consent to Assignment of Recreational Waterfront Licence Agreement No.
BEL116-00431F-001 to the new owners of 3543 Belcarra Bay Road is requested. The term of
the Licence Agreement ends on February 28, 2017.
Alternatives:
None suggested.
Attachment: Sun Dog Yacht Club waterlot licence area
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5.4
COUNCIL REPORT
File: 2380-20-DRUN
Date:
November 20, 2014
From:
Lynda Floyd, CAO
Subject:
Consent to Amendments to Recreational Waterfront Licence Agreement
No. BEL116-11024F-001;
Highway Encroachment Agreement Fronting 3732 Marine Avenue with
Drunken Crab Dock Association
Recommendation for Consideration:
THAT:
1.
The Mayor and Chief Administrative Officer be authorized to execute Consent to
Amendments of Recreational Waterfront Licence Agreement No. BEL116-11024F-001
between the Village of Belcarra and Vancouver Fraser Port Authority, waterlot fronting
3732 Marine Avenue, reflecting membership change to add upland property PID
003-744-779, Lot 10, Block 10, NWD Plan 3014;
2.
The issuance of a Highway Encroachment Agreement to Drunken Crab Dock
Association authorizing permission to encroach, occupy and maintain existing stairs on
municipal lands fronting property located at 3732 Marine Avenue, be approved; and
3.
The Mayor and Chief Administrative Officer be authorized to execute the Highway
Encroachment Agreement for a five year term beginning on the date of execution subject
to Drunken Crab Dock Association rectifying any deficiencies noted during the municipal
inspection of structures located within the encroachment area.
Purpose:
To seek authority to execute the Consent to Assignment of Recreational Waterfront Licence
Agreement and Highway Encroachment Agreement relative to Drunken Crab Dock Association
occupation of the waterlot fronting 3732 Marine Avenue.
Background:
Vancouver Fraser Port Authority places a Section 219 covenant on properties which have a
single wharf or are members of a group wharf society having benefit from a Recreational
Waterfront Licence Agreement (the Licence) between the Village of Belcarra and the Port. A
change of property ownership or the addition of a benefitting property to a group wharf society
triggers the process for:
1.
the Port to prepare the consent to assignment of the Licence reflecting the change;
2.
staff to prepare an amendment to or a new Highway Encroachment Agreement (HEA)
with a group wharf society reflecting the ownership change, for signature of all
benefitting property owners; or
3.
staff to prepare a new HEA with the new owner of a property benefitting from a single
wharf.
When the Drunken Crab Dock Association (Drunken Crab) was created and constructed the
dock, the HEA procedures were not yet in place. In order to access Drunken Crab’s dock, it is
understood Drunken Crab is using a portion of Marine Avenue fronting the property located at
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3732 Marine Avenue. Continued encroachment on municipal lands to occupy and maintain
access to the high water mark and to enable access to the wharf facility in Bedwell Bay is
desired by Drunken Crab. An HEA with the Village of Belcarra will provide the authority to use a
portion of Marine Avenue owned by the Village of Belcarra.
Recreational Waterfront Licence Agreement No. BEL116-11024F-001 granted in 2011,
benefitted five upland property owners. The requested addition of the upland property at 4152
Marine to benefit from membership in Drunken Crab triggered the Port’s process to amend the
Licence agreement and to extend the termination date to May 31, 2015. As the Village is the
consenting party to the Licence, authority to execute the Amending Agreement
BEL116-00431F-002 to Recreational Waterfront Licence Agreement No. BEL116-00431F-001 is
requested.
Alternatives:
None suggested.
Attachment: Drunken Crab waterlot licence area
J:\Files LF\Administration\encroachment\2014 11 20 RTC Drunken Crab Amending Port Agreement and HEA Agreement - 3732
Marine Avenue.docx
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5.5
COUNCIL REPORT
File: 5400-07
Date:
November 19, 2014
From:
Larry G. Scott, CPWI Building Official, Superintendent Public Works
Subject:
SAFETY MAINTENANCE OF PEDESTRIAN WALKWAYS AND
TRAFFIC SIGHTLINES
Recommendations for Consideration:
That:
1. Property owners may be directed to remove unauthorized recently planted or placed
hedging and/or landscaping from municipal lands;
2. Established hedging or landscape may be directed to be trimmed or removed to
maintain a one (1) metre or greater hedge- or landscape-free zone;
3. Staff authority to undertake the trimming or removal of hedging or landscape in
cases where the responsible or benefitting property owner is unknown or not
prepared to undertake the requested works, be affirmed;
4. Staff be directed to investigate a means to recover costs for remedial works
undertaken by Staff or contractors hired on behalf of the Municipality; and
5. Road Use Permit Fees for authorization to undertake remedial works on a Road
Allowance for the purpose of complying with a maintenance or removal directive be
waived.
Purpose:
To seek Council guidance in implementing a number of Council policy initiatives to
maintain safe pedestrian walkways and traffic sightlines.
Background:
Acting on complaint and observation of recent activities on municipal road allowances,
Staff has prepared this report to seek Council guidance in implementing a number of
initiatives intended to support relevant sections of the Official Community Plan (OCP);
Corporate Plan; Revenue Generation Options for Belcarra Roads Public Discussion
Paper (“Road Ends paper”); and Policy 144 Tree Management Policy – Public Lands.
Complaints have been received relative to:
• Unauthorized planting, landscaping, or tree cutting on municipal road allowances;
and
• Pedestrian and vehicle safety related to sightlines and pedestrians sharing the road
with vehicles.
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Staff’s recent observations include planting of formal and informal hedging on road
allowance without approval.
Hedging and landscaping on road allowances can compromise public safety.
Pedestrians by necessity must share the road with vehicles. Over time as the hedging
has matured, foliage has overrun the area used by pedestrians to get off the road or has
impeded sightlines for oncoming vehicles. Please see photos appended below.
Regulatory Authority
The Municipality claims its ownership of the roads under the empowering legislation of
the Community Charter allowing for the authority to trim or remove vegetation from road
allowances.
For vegetation located on private property, authority is pursuant to Village of Belcarra,
Roads and Traffic By-law, 1980, No. 9, which states:
s. 19(a) The council may require the removal, cutting down, or trimming of
trees, shrubs, hedges or bushes growing or standing on lands adjacent to
a roadway and which in the opinion of the Council are dangerous, or
where in the opinion of the Council the safety or convenience of the public
so requires, or where any such trees, shrubs, hedges or bushes become
injurious to the road-bed, sidewalk or works at the expense of the owners
or occupiers of lands on which they grow or stand.
Consistency with Municipal Policy
The following references are provided to show municipal policy support for the report
initiatives:
OCP 2.0 Context and Vision
Vehicular / pedestrian circulation networks and municipal services will
provided in a safe, efficient and economical manner
OCP 3.3 Transportation Policies
Pedestrian and bike paths may be constructed on undeveloped rights-ofways or on new roads to provide for safe and alternative pedestrian and
bike movements throughout the village and to help reduce greenhouse
gas emissions subject to their need for other municipal purposes.
OCP 4.0 Greenhouse Gas Emission Reduction Strategy
Enhance ways to make the roads safer for pedestrian and cyclists.
Corporate Plan 2012 – 2014
Community spaces
Inventory, develop and enhance community spaces and infrastructure to
enhance liability, health, safety, active lifestyles and civic pride.
Policy 137 Private Use of a Municipal Road Right of Way
Provides for private use of public land:
The Village of Belcarra recognizes that owners of property may want to
make use of municipal land for private use.
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Includes the following in its Statement of Principle:
Municipal Road Rights of Way will remain in public domain. The Village
will always retain the right to reclaim the land for public use.
And sets out the conditions whereby an application could be accepted:
Proposed Applications:
All Future uses of Village Rights of Way by Private groups or individuals
will require approval from the Village, including landscaping. All applicants
will be required to demonstrate hardship. Hardship will be considered
when all options have been explored and the private use cannot be
reasonably accommodated on private land. Groups or individuals, may be
granted an approval from the Municipality, provided the use does not
compromise the “Statement of Principle” and the use does not impede
PUBLIC ACCESS (emphasis added), the use does not unduly expose the
Village to risk liability, and does not create a PUBLIC SAFETY CONCERN
(emphasis added).
Instruments for Managing Private Use of Municipal Land
The Village of Belcarra currently manages private use of municipal land through the
administration of Road Use Permits or HEAs, depending on the nature and tenure of the
use. While it is beyond the scope of this report to recommend either instrument for the
planting, maintenance or removal of hedges (as more work needs to be done to draw
clear distinctions between and evaluate these two instruments, and to research
potential further options), the mechanism for gaining compliance with the intent of
existing policy and addressing safety concerns shall not conflict with or limit future
policy.
Note: The need for formalizing private use of municipal land is demonstrated by the
following examples of previous encroachments:
• A legal claim was pursued as to add the encroachment on municipal land to the
adjacent property (Turtlehead Road);
• The discovery of a fence on road allowance warranted an HEA until such time as the
fence is relocated on private property (Tatlow Road Allowance);
• The adoption of a legal requirement to have a private resident place a hedge along
the common property of a private property and a public road allowance to prevent
encroachment onto the public land. (Whiskey Cove Lane); and
• The removal of a hedge located on road allowance, which if left remaining would
have perceived to have extended the front lot line by 10 feet (Senkler Road).
Implementation:
Best efforts will be made to inform the property owner responsible or deemed the
benefactor of a hedge or landscape of the safety concerns and to assist with remedial
plans and reasonable timelines to bring about compliance to regulations or agreed upon
work plans.
For the purpose of gaining compliance with a maintenance or removal directive, Staff
recommends waiving Road Use permit fees related to obtaining permits to work on a
road allowance.
j:\files ls\wperf\pub-wrks\pw - hedges and landscape on roads rpt 2.doc
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Conclusion:
Arguably, the definition of landscaping may be subjective and debate could conclude
some landscaping may or may not warrant the application of a tenure agreement.
However, when hedging is used to clearly redefine the location of a property lot line on
public land, the difference between a fence, retaining wall or hedge becomes moot. The
public’s perception of the property line will be the hedge; therefore the application of
Policy 137 becomes applicable.
The education provided by the Road Ends paper has identified both the community
value of municipal land and the revenue generation potential of and options for public
lands. This report is intended only as a bridging mechanism to affirm Staff’s authority to
remediate as and where necessary where hedging or landscaping on road allowance
compromises public safety.
Recommended:
1. Require property owners to remove unauthorized recently planted or placed hedging
and/or landscaping from municipal lands until approvals are granted;
2. Require established hedging or landscaping on road allowances to be removed or
trimmed on a regular basis to maintain a one (1) metre or greater hedge- or
landscape-free zone;
3. Affirm Staff authority to trim or remove hedging or landscaping in cases where the
responsible or benefitting property owner is unknown or not prepared to undertake
the works; and
4. Direct Staff to investigate a means to recover costs for works undertaken by Staff or
contractors hired by the Municipality to maintain pedestrian walkways and sightlines.
Alternatives:
1. Approve the recommendations;
2. Amend the recommendations;
3. Refer the matter back to Staff.
j:\files ls\wperf\pub-wrks\pw - hedges and landscape on roads rpt 2.doc
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Sample photos of RECENT encroachments:
Recent planting of cedars
Recent planting of a replacement hedge
j:\files ls\wperf\pub-wrks\pw - hedges and landscape on roads rpt 2.doc
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Sample Photos of MATURE Encroachments
j:\files ls\wperf\pub-wrks\pw - hedges and landscape on roads rpt 2.doc
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5.6
COUNCIL REPORT
File: 4200-01
Date:
November 18, 2014
From:
Karen-Ann Cobb, Chief Election Officer
Subject:
2014 Local Government Elections - November 15, 2014
Recommendation for Consideration:
That the report titled "2014 Local Government Elections - November 15, 2014" dated
November 18, 2014 from Karen-Ann Cobb, Chief Election Officer, be received.
Purpose:
Pursuant to Sections 136 and 148 of the Local Government Act, the Chief Election
Officer must declare the results and submit a report to Council. Attached for Council
are copies of the Determination of Official Election Results for the Village of Belcarra
Local Government Elections held on November 15, 2014.
Background:
There were 534 electors eligible to vote on General Voting Day (including 16 new
resident elector registrations and 4 non-resident property electors). 324 electors cast
ballots which resulted in a voter turnout of 61%.
It was a pleasure working with your Office Staff and meeting residents from the Village.
Thank-you for the opportunity to have served your community.
Respectfully submitted,
KAren-Ann Cobb
Chief Election Officer
Attachments (Determination of Official Election Results)
C:\Users\cmilloyV\ppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.lE5\02T27IXM\2014 Local Government Elections.docx
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Mayor’s Report
Setting The Record Straight
6.1.1
As with most elections, the current campaign has produced its share of “creative claims” and
“erroneous assertions”. For those interested in the facts, here they are:
CLAIM – Belcarra is running a deficit.
FACT – Municipalities, by law, cannot run a deficit. Each year Belcarra’s revenues cover all
costs including the new costs for the water system (for those in the service area) including all
operating costs and the cost of buying the water. In addition, homeowners who chose to defer
their share of the system’s up-front capital costs (about $18,000 per property) are paying all
costs related to the 25 year MFA loan. There is no deficit.
CLAIM – Belcarra is “financially strapped”, and can’t borrow for 25 years.
FACT – Under BC’s Community Charter municipalities are free to initiate borrowing up to a debt
servicing level based upon their “income” (annual property tax). The formula that the Province
and MFA utilizes is predicated on the municipality’s taxable assessment base ($506 million in
2014) and prevailing MFA interest rates, and a recent calculation showed that Belcarra has
“borrowing room” of $1.4 million if it was needed. Regardless, the municipality has no plans for
any major borrowing in the foreseeable future.
CLAIM – Municipal staff has increased from 2 to 7 since 2004.
FACT – In 2004 Belcarra had 3.8 staff, and today Belcarra has 5.8 staff, an increase of 2
people. The municipal water system required one additional Public Works person, and
significantly increased Provincial reporting responsibilities have necessitated one additional
administrative position.* In comparison, the Village of Anmore (1800 population) has 13 full-time
staff plus 2 contract Building Inspectors and 2 contract Public Works people, and the Village of
Lions Bay (1400 population) has 18 full-time staff.
* The explanation of the new administrative and Public Works responsibilities is rather lengthy. If
you wish to receive the details, please email me at redrew@shaw.ca and I would be pleased to
send the information to you.
CLAIM – Belcarra staff are paid exorbitant salaries.
FACT – Belcarra’s staff salaries and hourly remuneration are only average to below average.
Belcarra’s hourly staff (3.8 FTEs) are paid on a scale that ranges from $25/hour to $30/hour
depending on years of service. Staff who are on-call, or who are out snowplowing overnight and
on weekends, are paid overtime as is the case for every municipality. Council reviews
remuneration rates in comparison with our neighbouring municipalities, mindful of the costs
associated with losing skilled and experienced individuals to these competing jurisdictions. Staff
remuneration increases have been held at 1.5% in each of the past two years, basically
matching inflation.
CLAIM – Staff pensions are paid 100% by the municipality.
FACT – Belcarra does NOT pay 100% toward the employees’ pension plan. Belcarra’s
municipal employees contribute 50% of the cost to participate in the BC Municipal Pension Plan,
the same as all other municipal employees in the Province, and the municipality contributes
50% to the plan.
CLAIM – Council is trying to hide “tax grabs” in the budget through new fees.
FACT – Operational costs for the water system are separately billed to all owners in the
specified service area. It would be unfair to add those costs to the general tax levy, and thereby
assign those costs to homeowners (such as those in Cosy Cove, Farrer Cove and Twin Islands)
who do not benefit from the improved firefighting capacity, increased property values, or access
to reliable municipal water which the new water system provides. There is no hidden tax ― it is
a completely transparent and fair approach.
33
November 10, 2014
CLAIM – Tree cutting on Marine Avenue should be approved.
FACT – Marine Avenue is subject to a conservation plan which recognizes the importance of
views, but also protects the riparian zone adjacent to Bedwell Bay. A freeze by the Vancouver
Port Authority (VPA) on all new wharves in Bedwell Bay was only lifted after several years of
negotiating the Bedwell Bay Sustainability Plan with VPA, DFO, and Environment Canada.
Belcarra undertook a complete environmental assessment and prepared the plan as part of a
commitment to preserving the environment of Bedwell Bay and its foreshore. Subsequently,
VPA approved additional group wharf sites that collectively will benefit up to 84 Belcarra families
(i.e. 14 group wharves) who otherwise would never have had wharf access.
Viewscapes affected by trees on public land (including trees on Marine Avenue) can be, and
have been, protected through selective trimming as approved by the municipality on a case-bycase basis. This is allowed within the Bedwell Bay Sustainability Plan. However, Marine Avenue
foreshore is a riparian zone on public land, and many residents value the natural beauty of the
area. A balanced approach is needed, and trees should not be ‘cut down’ wholesale by the
municipality or anyone else.
CLAIM – Village taxes have been increasing 15% per year.
FACT – A proper analysis indicates the following:
1. The total general purpose municipal tax levied in 2004 totalled $414,232 compared to
$601,188 in 2013, which is an increase of 45% over the 10-year period which includes
both inflation and taxes from new construction;
2. The annual government grants for 2004 totalled $179,218 compared to $172,973 in
2113, which is a nominal decrease of 3.5%; more importantly, however, it’s actually a
decrease of 26%, when adjusted for inflation, which Belcarra’s property owners have
had to absorb; and
3. The municipal portion of the overall property tax has remained essentially constant;
namely, 35% in 2004 and 36% in 2013.
Claims of exorbitant increases in taxes and expenditures appear to be based upon a mixture of
general taxation, and water related costs ranging from the water project itself, water purchasing,
system operation, and the annual levies to pay the capital costs for those people who opted for
the 25 year MFA financing. Mixing these costs produces dramatic differences and percentages,
but is of no value to understanding Belcarra’s financial situation.
CLAIM – Spending is out of control.
FACT – Spending is NOT out of control. What is true is that all of us in the water system service
area have seen our tax bill increase to reflect the full cost of this new service:
1. Any property owner who didn’t prepay the $18,000 per property capital cost, now pays
their annual share of the MFA loan which is $973 per year;
2. The annual operating cost associated with the system is $548 per year, and includes
maintenance activities such as 24/7 emergency standby, weekly fire pump testing,
servicing of fire hydrants, flushing of water mains, water quality sampling, etc.;
3. Those households that are connected to the water system also pay the cost of water
consumed, which is approximately $242 per year per connection.
No one believes these amounts aren’t significant. However, they do ensure all residents in the
service area have much improved fire protection, insurance savings, increased property values,
and residents who had marginal water supplies now enjoy a safe and reliable water source.
Ralph Drew
Mayor
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November 10, 2014
8.1
November 19, 2014
File: 5280-21
Paul Topping
Manager, Environmental Protection
Transport Canada, Marine Safety and Security
330 Sparks St, Ottawa, Ontario, K1A 0N8
VIA EMAIL: paul.topping@tc.gc.ca
Dear Mr. Topping:
Re:
Adding “Bedwell Bay” (49º19′N, 122°55′W) to “Designated Sewage Areas” Schedule 2
(Section 83), “Vessel Pollution and Dangerous Chemicals Regulations” (SOR/2012-69)
The Village of Belcarra requests that Transport Canada, as administrators of the Canada Shipping Act
(R.S.C., 1985, c.S-9), add “Bedwell Bay” to the list of water bodies identified in “Vessel Pollution and
Dangerous Chemicals Regulations” (SOR/2012-69) Schedule 2 (Section 83) “Designated Sewage Areas”
where holding tanks for sewage are mandated for access to the listed water bodies.
Bedwell Bay, located in Belcarra, B.C., is a relatively enclosed marine water body with limited flushing
that is receiving increasing amounts of sewage from large boats that anchor in the bay over summer
weekends. Bedwell Bay is surrounded by Belcarra Regional Park and residential properties, and is a
heavily utilized recreational water body used for boating, fishing, swimming, kayaking, paddle-boarding,
waterskiing and other water-based recreation activities. Bedwell Bay also supports a significant range of
marine aquatic life and sensitive marine habitat including eelgrass beds and a tidal mud flat that is
waterfowl habitat.
In August 2014, the Fraser Health Authority issued a health advisory closing Bedwell Bay for swimming
when the geometric mean for faecal indicator bacteria levels exceeded the recommended guideline limit
of 200 E. Coli / 100mL.
Please advise as to the process for this request, and what further information may be required.
Yours truly,
Ralph Drew
Mayor
cc: Hon. James Moore, MP, Port Moody–Westwood–Port Coquitlam
Hon. Mary Polak, Minister of Environment, Province of BC
Linda Reimer, MLA, Port Moody–Coquitlam
Robin Silvester, CEO, Port Metro Vancouver
Allan Neilson, General Manager, Planning, Policy and Environment, Metro Vancouver
District of North Vancouver, Mayor and Council
City of Port Moody, Mayor and Council
Paul Mudroch, Senior Environmental Advisor, Transport Canada
Marylyn Chiang, Senior Policy Analyst, Environment Committee, UBCM
J:\Files SK\Word\Letters\2014 Letters\Council Related Correspondence\2014 11 19 Adding Bedwell Bay to
Designated Sewage Area 2.docx
35
From:
To:
Subject:
Date:
Lynda Floyd
Shelly Kean
Nov 24 Agenda - Correspondence
Wednesday, November 19, 2014 2:29:05 PM
8.2
Vessel Pollution and Dangerous Chemicals
Consultation
Nov 19, 2014
Transport Canada is considering changes to the Vessel Pollution and Dangerous Chemicals
regulations in an effort to update requirements to reflect new international standards; respond
to technical issues raised by stakeholders; and to make minor adjustments to the regulation.
Key amendments include:
·
New annual tanker inspections
·
New provisions for oil barges
·
New standards for managing garbage
·
Changes to discharge requirements for sewage
·
Consequential amendments for administrative monetary penalties and ticketing
The consultation documents are available here. Local governments should provide their
feedback, by January 9th, 2015 to:
Paul Topping
Manager, Environmental Protection
Transport Canada, Marine Safety and Security
330 Sparks St, Ottawa, Ontario, K1A 0N8
Tel: 613-991-3168 Fax: 613-993-8196 Please copy your response to:
Paul Mudroch, Senior Environmental Advisor, Transport Canada (same address as above) and Marylyn Chiang, Senior Policy Analyst, Environment Committee, UBCM.
36
From:
To:
Cc:
Subject:
Date:
8.3
Mudroch, Paul
Shelly Kean
mchiang@tc.gc.ca; Topping, Paul; Tam, Ada; Myers, Yvette; Wensauer, Danielle
RE: Designation request for Bedwell Bay, Belcarra, BC
Thursday, November 20, 2014 6:01:48 AM
Good morning:
Thank you very much for your letter requesting the addition of Bedwell Bay, Belcarra, BC to
Schedule 2 of the Vessel Pollution and Dangerous Chemicals Regulations as a “Designated
Sewage Area”.
Transport Canada will review your request and provide you, within 7 days, with guidance
on the process that should be followed by a proponent to gain the designation.
In the meantime, should you have any questions, please do not hesitate to contact me.
Paul Mudroch
Senior Environmental Advisor
Marine Safety - Operations and Environmental Programs
Transport Canada
330 Sparks Street, Ottawa, ON Canada
Phone: 613-998-0598
email/courriel: paul.mudroch@tc.gc.ca
P
Before printing, think about the Environment. Avant d'imprimer, pensez à l'environnement.
This email is made from recycled electrons.
From: Shelly Kean [mailto:skean@belcarra.ca]
Sent: Wednesday, November 19, 2014 5:39 PM
To: Topping, Paul
Cc: mchiang@tc.gc.ca; Mudroch, Paul
Subject: Designation request for Bedwell Bay, Belcarra, BC
Dear Mr. Topping,
Please see attached letter from Municipal Council of the Village of Belcarra, regarding adding
Bedwell Bay, Belcarra, BC to Schedule 2 “Designated Sewage Areas” of Vessel Pollution and
Dangerous Chemicals Regulation.
Shelly Kean
37