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Bylaw restricts public access to council: Patterson

Briefs from the Tuesday (Jan. 19) District of Squamish council meeting

The District of Squamish's new procedural bylaw will restrict the public's access to council, said local political pundit Terrill Patterson during an appearance at the Tuesday (Jan. 19) council meeting.

Patterson said it's "troubling" that the mayor would have the power to decide who can and cannot present items before council -a ruling he called "one of the most important bylaws."

The new bylaw would allow for council to overturn the mayor's decision, but Patterson said that isn't good enough.

"The delay can kill things. If a person must go through three meetings to have an item brought before council, it's too late. Most issues have to be dealt with reasonable quickly."

Wielding a cardboard axe, Patterson said the current bylaw enabling the public access to council conflicts with the mayor's attempts at imposing his own discretion, and suggested staff doesn't want to speak up about the conflict because they're afraid of getting the axe.

But Patterson insisted there shouldn't be any restrictions on who can appear before council.

"I know occasionally you'll get somebody who's a nuisance and so on but it's far better to have the odd case like that, than to have citizens [upset] because they have been unable to have their concerns addressed. That causes far more harm than having to listen to someone blab on for a while," he said.

"I believe local government being the closest one to the people should be the easiest one for the people to access."

Coun. Patricia Heintzman said restricting public presentations to council was initially placed in the procedural bylaw review to help protect the community from rash council decisions.

"I have no problem with the community coming. Maybe we open it up to three people and it's first come first serve, but I think the problem is then that council reacts too quickly to issues that staff hasn't weighed in on or investigated fully. So it's actually to protect the public from us," she said.

Lonsdale wants grant reconsidered

Lonsdale urged council reconsider a motion to allocate $30,000 for the Squamish Climate Action Network's proposed district-wide agricultural land assessment. The motion was originally discussed and supported at the municipal special business meeting of Tuesday Jan. 12, when both Lonsdale and Coun. Rob Kirkham were absent. The motion will be revisited at the Tuesday Feb. 2 council meeting.

Realty signs on private property to be removed

Director of municipal community development Mick Gottardi presented council with a recommendation to allow staff the power to physically removed unauthorized real estate advertising signs on private property.

In a submitted report, Gottardi said several companies including Coastal Village Living, Sea to Sky Premiere Properties, the Townline group of companies, Westmana, and Alpenlofts were requested to remove unauthorized signs in August 2009 and have to date, failed to do so. Gottardi said reasonable efforts have been made to ensure bylaw compliance and has resulted in no action from developers, so a motion is in order.

Gottardi explained the district is currently permitted to remove all illegal signs on municipal property and can direct property owners to remove illegal signs, but not physically remove them.

"If we do direct staff to take down those signs and go get 'em, do we bill those people for staff time?" Coun. Bryan Raiser asked.

Gottardi said the district would request reimbursement and will investigate how the district could further ensure repayment.

Council unanimously agreed to support the motion.

Riparian area protected

Gottardi requested council issue a development permit for the construction of a retaining wall on a property located at Skyline Drive. The construction area falls within 30 metres of Meighen Creek in a riparian assessment area, which triggers a municipal watercourse regulation bylaw for the area. The watercourse regulation bylaw required a report submission to the district and to the Ministry of Environment. The report recommended the retaining wall be built set back 15 metres from the creek, in compliance with the minimum requirements of the district bylaw. Without the current municipal bylaw the retaining wall could have been built at set back only 12.9 metres away.

"In this example it shows the district bylaw is not only meeting the RAR [Riparian Assessment Report] but beating the RAR," Gottardi said.

Council unanimously agreed to authorize the construction of a retaining wall set back 15 metres from the creek.

Loan collateral requested

Director of municipal finance Ralph Hughes presented council with a recommendation for the district to approve a loan guarantee totalling $500,000 on behalf of the West Coast Railway Association. According to association president Don Evans the loan will be used to complete the construction of the CN Rail Roundhouse.

Coun. Corinne Lonsdale discovered the loan does not include any train cars as collateral and asked that reference to collateral be added on to the document.

"It's not that I suggest they wouldn't be able to meet the terms but I think it's safeguarding our taxpayers and if it isn't cumbersome, I think we should look at doing that."

Hughes said doing so would probably impede the financing process the association was hoping to complete by the end of January.

The motion to provide the loan guarantee was carried unanimously without any amended reference to collateral.

Coun. Paul Lalli recommended an amendment directing the finance committee make policy recommendations to council regarding loan guarantorship. The amendment was supported unanimously.

Blind Channel sports dangerous: harbour authority

Council received and filed a letter from Squamish Harbour Authority chairman Bill McEnery suggesting the district reconsider the construction of a a facility to launch windsurfers and kiteboarders across shipping lanes on the Mamquam Blind Channel. In a submitted letter, McEnery wrote he believes this to be an unsafe idea.

"There are presently high-speed water taxies, sailboats with high masts, numerous pleasure boats of all sizes, fast and slow, as well as floatplanes landing and taking off in these exact shipping lanes. To add traffic of this type crossing into these lanes would be absolutely ridiculous and terribly dangerous to all concerned."

Lalli suggested council forward the letter to the Squamish Oceanfront Development Corporation (SODC) and request the SODC respond to McEnery's concerns.

Heintzman added a request for the letter to be forwarded to several community groups who may also find the information useful. Gardner agreed to forward the letter to the SODC but denied Heintzman's suggestion, saying the documents are available to any members of the public. Council voted unanimously in support of the recommendation.

Zoning bylaws reviewed

The municipal planning department recommended council award a $30,000 zoning bylaw review project to Brook and Associated based on a proposal submitted in late December 2009. The district asked five firms for proposals and received three in return, with Brook and Associates estimating the shortest amount of hours spent on project time and the highest project price at $33,350. Council voted unanimously in support of the recommendation.

Bylaw officer added

In an effort to mitigate an anticipated increase in bylaw infractions during the upcoming Olympic Games, Sheri Newman was appointed as a bylaw enforcement officer for the district. Newman was previously working for the municipality as an animal control officer. Council unanimously approved the appointment.

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