HomeMy WebLinkAbout2023-10-24 Special Council Meeting Agenda.pdfCity of Maple Ridge
SPECIAL COUNCIL MEETING AGENDA
October 24, 2023
2:00 PM
Virtual Online Meeting including Council Chambers
1 Floor, Maple Ridge City Hall
1.CALL TO ORDER
1.1 Territory Acknowledgement
The City of Maple Ridge carries out its business on the traditional and
unceded territory of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen
(qʼʷa:n̓ƛʼәn̓) First Nation.
1.2 Approval of the Agenda
That the agenda of the October 24, 2023, Special Council meeting be adopted.
2.MINUTES
3.NEW BUSINESS
3.1 Reconsideration of Remedial Action Order for 13473 224 Street
Staff report dated July 25, 2023, recommending Remedial Actions against the
landowner.
RECOMMENDATION:
THAT Council confirm/amend/cancel:
[THAT Council hereby declares the pile of fill deposited from time to time since
June 2021 to the present (the "Fill") on the property located at 134 73 224th St.,
and legally described as Lot: 3,Section: 30, Township: 12, Plan: NWP6688 (the
"Property") a hazardous matter or thing as an erection of any kind under s. 73(1)(a)
of the Community Charter, and that it creates an unsafe condition; and
That Council hereby declares the Fill on the Property a nuisance as an erection of
any kind under s. 73(1)(a) of the Community Charter, and, or in the alternative, as a
matter or thing that is in or about a drain, ditch, watercourse, pursuant to s. 7 4(1)
(d) and (c) of the Community Charter.
Council therefore resolves that within thirty (30) days of receiving a copy of this
resolution, the Owner of the Property is required to perform the following Remedial
Action requirements:
1. Remove all of the deposited material from the site.
2. Any excavation must be filled to prevent water from ponding on the site.
3. The Owner must follow all Work Safe BC Hazardous Materials requirements for
the
safe removal of any and all hazardous materials on the Property.
In the event the Owner has not performed all of the Remedial Action requirements
within 30 days after notice of this resolution is delivered to the Owner, the City may,
by its own forces or those of a contractor engaged by the City, enter the Property
and perform the Remedial Action requirements.
In the event the City takes the above referenced action, the City may recover the
expense from the Owner, together with costs and interest, in the same manner as
municipal taxes in accordance with sections 17, 258, and 259 of the Community
Charter.
If a person with notice of this resolution wishes to request reconsideration of these
requirements by Council, written notice of this request must be provided to the
Corporate Officer within 14 days of that person receiving notice of this resolution.
In the event the Owner continues to contravene the Soil Deposit Regulation Bylaw
No. 74122017 by depositing fill onto the Property, the City may proceed with legal
action against the registered Property Owner and seek, amongst other things,
injunctive relief, to cease further unauthorized deposits of fill upon the Property and
requiring the Owner to either (a) obtain the appropriate permits, including a soil
deposit permit and a watercourse protection development permit, or (b) remove
the unauthorized fill and restore the Property under the supervision of a qualified
professional and for the costs thereof.]
4.GENERAL MATTERS
4.1 Resolution to Exclude the Public
RECOMMENDATION:
THAT, pursuant to Section 90 of the Community Charter, this meeting be closed to
the public as the subject matter being considered relates to the following:
90(1)(i) the receipt of information that is subject to solicitorclient privilege,
including communications necessary for that purpose.
90(1)(k) negotiations and related discussions respecting the proposed provision
of a municipal service that are at their preliminary stages and that, in the view of
the council, could reasonably be expected to harm the interests of municipality if
they were held in public.
5.INFORMATION ITEMS
6.RELEASE OF ITEMS FROM CLOSED STATUS
7.ADJOURNMENT
Community Charter Section 90 – Meetings that may or must be closed to the
public
(1)A part of a council meeting may be closed to the public if the subject matter being considered
relates to or is one or more of the following:
(a) personal information about an identifiable individual who holds or is being considered for a
position as an officer, employee or agent of the municipality or another position appointed by the
municipality;
(b) personal information about an identifiable individual who is being considered for a municipal
award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;
(c) labour relations or other employee relations;
(d) the security of the property of the municipality;
(e) the acquisition, disposition or expropriation of land or improvements, if the council considers
that disclosure could reasonably be expected to harm the interests of the municipality;
(f) law enforcement, if the council considers that disclosure could reasonably be expected to
harm the conduct of an investigation under or enforcement of an enactment;
(g) litigation or potential litigation affecting the municipality;
(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the
municipality, other than a hearing to be conducted by the council or a delegate of council;
(i) the receipt of advice that is subject to solicitorclient privilege, including communications
necessary for that purpose;
(j) information that is prohibited, or information that if it were presented in a document would be
prohibited, from disclosure under section 21 of the Freedom of Information and Protection of
Privacy Act;
(k) negotiations and related discussions respecting the proposed provision of a municipal service
that are at their preliminary stages and that, in the view of the council, could reasonably be
expected to harm the interests of the municipality if they were held in public;
(l) discussions with municipal officers and employees respecting municipal objectives, measures
and progress reports for the purposes of preparing an annual report under section 98 [annual
municipal report];
(m) a matter that, under another enactment, is such that the public may be excluded from the
meeting;
(n) the consideration of whether a council meeting should be closed under a provision of this
subsection or subsection (2);
(o) the consideration of whether the authority under section 91 [other persons attending closed
meetings] should be exercised in relation to a council meeting.
(2)A part of a council meeting must be closed to the public if the subject matter being considered
relates to one or more of the following:
(a) a request under the Freedom of Information and Protection of Privacy Act, if the council is
designated as head of the local public body for the purposes of that Act in relation to the matter;
(b) the consideration of information received and held in confidence relating to negotiations
between the municipality and a provincial government or the federal government or both, or
between a provincial government or the federal government or both and a third party;
(c) a matter that is being investigated under the Ombudsperson Act of which the municipality has
been notified under section 14 [Ombudsperson to notify authority] of that Act;
(d) a matter that, under another enactment, is such that the public must be excluded from the
meeting;
(e) a review of a proposed final performance audit report for the purpose of providing comments to
the auditor general on the proposed report under section 23 (2) of the Auditor General for Local
Government Act.
st
City of Maple RidgeSPECIAL COUNCIL MEETING AGENDAOctober 24, 20232:00 PMVirtual Online Meeting including Council Chambers1 Floor, Maple Ridge City Hall1.CALL TO ORDER1.1 Territory AcknowledgementThe City of Maple Ridge carries out its business on the traditional andunceded territory of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen(qʼʷa:n̓ƛʼәn̓) First Nation.1.2 Approval of the AgendaThat the agenda of the October 24, 2023, Special Council meeting be adopted.2.MINUTES3.NEW BUSINESS3.1 Reconsideration of Remedial Action Order for 13473 224 StreetStaff report dated July 25, 2023, recommending Remedial Actions against thelandowner.RECOMMENDATION:THAT Council confirm/amend/cancel:[THAT Council hereby declares the pile of fill deposited from time to time sinceJune 2021 to the present (the "Fill") on the property located at 134 73 224th St.,and legally described as Lot: 3,Section: 30, Township: 12, Plan: NWP6688 (the"Property") a hazardous matter or thing as an erection of any kind under s. 73(1)(a)of the Community Charter, and that it creates an unsafe condition; andThat Council hereby declares the Fill on the Property a nuisance as an erection ofany kind under s. 73(1)(a) of the Community Charter, and, or in the alternative, as a
matter or thing that is in or about a drain, ditch, watercourse, pursuant to s. 7 4(1)
(d) and (c) of the Community Charter.
Council therefore resolves that within thirty (30) days of receiving a copy of this
resolution, the Owner of the Property is required to perform the following Remedial
Action requirements:
1. Remove all of the deposited material from the site.
2. Any excavation must be filled to prevent water from ponding on the site.
3. The Owner must follow all Work Safe BC Hazardous Materials requirements for
the
safe removal of any and all hazardous materials on the Property.
In the event the Owner has not performed all of the Remedial Action requirements
within 30 days after notice of this resolution is delivered to the Owner, the City may,
by its own forces or those of a contractor engaged by the City, enter the Property
and perform the Remedial Action requirements.
In the event the City takes the above referenced action, the City may recover the
expense from the Owner, together with costs and interest, in the same manner as
municipal taxes in accordance with sections 17, 258, and 259 of the Community
Charter.
If a person with notice of this resolution wishes to request reconsideration of these
requirements by Council, written notice of this request must be provided to the
Corporate Officer within 14 days of that person receiving notice of this resolution.
In the event the Owner continues to contravene the Soil Deposit Regulation Bylaw
No. 74122017 by depositing fill onto the Property, the City may proceed with legal
action against the registered Property Owner and seek, amongst other things,
injunctive relief, to cease further unauthorized deposits of fill upon the Property and
requiring the Owner to either (a) obtain the appropriate permits, including a soil
deposit permit and a watercourse protection development permit, or (b) remove
the unauthorized fill and restore the Property under the supervision of a qualified
professional and for the costs thereof.]
4.GENERAL MATTERS
4.1 Resolution to Exclude the Public
RECOMMENDATION:
THAT, pursuant to Section 90 of the Community Charter, this meeting be closed to
the public as the subject matter being considered relates to the following:
90(1)(i) the receipt of information that is subject to solicitorclient privilege,
including communications necessary for that purpose.
90(1)(k) negotiations and related discussions respecting the proposed provision
of a municipal service that are at their preliminary stages and that, in the view of
the council, could reasonably be expected to harm the interests of municipality if
they were held in public.
5.INFORMATION ITEMS
6.RELEASE OF ITEMS FROM CLOSED STATUS
7.ADJOURNMENT
Community Charter Section 90 – Meetings that may or must be closed to the
public
(1)A part of a council meeting may be closed to the public if the subject matter being considered
relates to or is one or more of the following:
(a) personal information about an identifiable individual who holds or is being considered for a
position as an officer, employee or agent of the municipality or another position appointed by the
municipality;
(b) personal information about an identifiable individual who is being considered for a municipal
award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;
(c) labour relations or other employee relations;
(d) the security of the property of the municipality;
(e) the acquisition, disposition or expropriation of land or improvements, if the council considers
that disclosure could reasonably be expected to harm the interests of the municipality;
(f) law enforcement, if the council considers that disclosure could reasonably be expected to
harm the conduct of an investigation under or enforcement of an enactment;
(g) litigation or potential litigation affecting the municipality;
(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the
municipality, other than a hearing to be conducted by the council or a delegate of council;
(i) the receipt of advice that is subject to solicitorclient privilege, including communications
necessary for that purpose;
(j) information that is prohibited, or information that if it were presented in a document would be
prohibited, from disclosure under section 21 of the Freedom of Information and Protection of
Privacy Act;
(k) negotiations and related discussions respecting the proposed provision of a municipal service
that are at their preliminary stages and that, in the view of the council, could reasonably be
expected to harm the interests of the municipality if they were held in public;
(l) discussions with municipal officers and employees respecting municipal objectives, measures
and progress reports for the purposes of preparing an annual report under section 98 [annual
municipal report];
(m) a matter that, under another enactment, is such that the public may be excluded from the
meeting;
(n) the consideration of whether a council meeting should be closed under a provision of this
subsection or subsection (2);
(o) the consideration of whether the authority under section 91 [other persons attending closed
meetings] should be exercised in relation to a council meeting.
(2)A part of a council meeting must be closed to the public if the subject matter being considered
relates to one or more of the following:
(a) a request under the Freedom of Information and Protection of Privacy Act, if the council is
designated as head of the local public body for the purposes of that Act in relation to the matter;
(b) the consideration of information received and held in confidence relating to negotiations
between the municipality and a provincial government or the federal government or both, or
between a provincial government or the federal government or both and a third party;
(c) a matter that is being investigated under the Ombudsperson Act of which the municipality has
been notified under section 14 [Ombudsperson to notify authority] of that Act;
(d) a matter that, under another enactment, is such that the public must be excluded from the
meeting;
(e) a review of a proposed final performance audit report for the purpose of providing comments to
the auditor general on the proposed report under section 23 (2) of the Auditor General for Local
Government Act.
st
City of Maple RidgeSPECIAL COUNCIL MEETING AGENDAOctober 24, 20232:00 PMVirtual Online Meeting including Council Chambers1 Floor, Maple Ridge City Hall1.CALL TO ORDER1.1 Territory AcknowledgementThe City of Maple Ridge carries out its business on the traditional andunceded territory of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen(qʼʷa:n̓ƛʼәn̓) First Nation.1.2 Approval of the AgendaThat the agenda of the October 24, 2023, Special Council meeting be adopted.2.MINUTES3.NEW BUSINESS3.1 Reconsideration of Remedial Action Order for 13473 224 StreetStaff report dated July 25, 2023, recommending Remedial Actions against thelandowner.RECOMMENDATION:THAT Council confirm/amend/cancel:[THAT Council hereby declares the pile of fill deposited from time to time sinceJune 2021 to the present (the "Fill") on the property located at 134 73 224th St.,and legally described as Lot: 3,Section: 30, Township: 12, Plan: NWP6688 (the"Property") a hazardous matter or thing as an erection of any kind under s. 73(1)(a)of the Community Charter, and that it creates an unsafe condition; andThat Council hereby declares the Fill on the Property a nuisance as an erection ofany kind under s. 73(1)(a) of the Community Charter, and, or in the alternative, as amatter or thing that is in or about a drain, ditch, watercourse, pursuant to s. 7 4(1)(d) and (c) of the Community Charter.Council therefore resolves that within thirty (30) days of receiving a copy of thisresolution, the Owner of the Property is required to perform the following RemedialAction requirements:1. Remove all of the deposited material from the site.2. Any excavation must be filled to prevent water from ponding on the site.3. The Owner must follow all Work Safe BC Hazardous Materials requirements forthe safe removal of any and all hazardous materials on the Property.In the event the Owner has not performed all of the Remedial Action requirementswithin 30 days after notice of this resolution is delivered to the Owner, the City may,by its own forces or those of a contractor engaged by the City, enter the Propertyand perform the Remedial Action requirements.In the event the City takes the above referenced action, the City may recover theexpense from the Owner, together with costs and interest, in the same manner asmunicipal taxes in accordance with sections 17, 258, and 259 of the CommunityCharter.If a person with notice of this resolution wishes to request reconsideration of theserequirements by Council, written notice of this request must be provided to theCorporate Officer within 14 days of that person receiving notice of this resolution.In the event the Owner continues to contravene the Soil Deposit Regulation BylawNo. 74122017 by depositing fill onto the Property, the City may proceed with legalaction against the registered Property Owner and seek, amongst other things,injunctive relief, to cease further unauthorized deposits of fill upon the Property andrequiring the Owner to either (a) obtain the appropriate permits, including a soildeposit permit and a watercourse protection development permit, or (b) removethe unauthorized fill and restore the Property under the supervision of a qualifiedprofessional and for the costs thereof.]4.GENERAL MATTERS4.1 Resolution to Exclude the PublicRECOMMENDATION: THAT, pursuant to Section 90 of the Community Charter, this meeting be closed tothe public as the subject matter being considered relates to the following:90(1)(i) the receipt of information that is subject to solicitorclient privilege,
including communications necessary for that purpose.
90(1)(k) negotiations and related discussions respecting the proposed provision
of a municipal service that are at their preliminary stages and that, in the view of
the council, could reasonably be expected to harm the interests of municipality if
they were held in public.
5.INFORMATION ITEMS
6.RELEASE OF ITEMS FROM CLOSED STATUS
7.ADJOURNMENT
Community Charter Section 90 – Meetings that may or must be closed to the
public
(1)A part of a council meeting may be closed to the public if the subject matter being considered
relates to or is one or more of the following:
(a) personal information about an identifiable individual who holds or is being considered for a
position as an officer, employee or agent of the municipality or another position appointed by the
municipality;
(b) personal information about an identifiable individual who is being considered for a municipal
award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;
(c) labour relations or other employee relations;
(d) the security of the property of the municipality;
(e) the acquisition, disposition or expropriation of land or improvements, if the council considers
that disclosure could reasonably be expected to harm the interests of the municipality;
(f) law enforcement, if the council considers that disclosure could reasonably be expected to
harm the conduct of an investigation under or enforcement of an enactment;
(g) litigation or potential litigation affecting the municipality;
(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the
municipality, other than a hearing to be conducted by the council or a delegate of council;
(i) the receipt of advice that is subject to solicitorclient privilege, including communications
necessary for that purpose;
(j) information that is prohibited, or information that if it were presented in a document would be
prohibited, from disclosure under section 21 of the Freedom of Information and Protection of
Privacy Act;
(k) negotiations and related discussions respecting the proposed provision of a municipal service
that are at their preliminary stages and that, in the view of the council, could reasonably be
expected to harm the interests of the municipality if they were held in public;
(l) discussions with municipal officers and employees respecting municipal objectives, measures
and progress reports for the purposes of preparing an annual report under section 98 [annual
municipal report];
(m) a matter that, under another enactment, is such that the public may be excluded from the
meeting;
(n) the consideration of whether a council meeting should be closed under a provision of this
subsection or subsection (2);
(o) the consideration of whether the authority under section 91 [other persons attending closed
meetings] should be exercised in relation to a council meeting.
(2)A part of a council meeting must be closed to the public if the subject matter being considered
relates to one or more of the following:
(a) a request under the Freedom of Information and Protection of Privacy Act, if the council is
designated as head of the local public body for the purposes of that Act in relation to the matter;
(b) the consideration of information received and held in confidence relating to negotiations
between the municipality and a provincial government or the federal government or both, or
between a provincial government or the federal government or both and a third party;
(c) a matter that is being investigated under the Ombudsperson Act of which the municipality has
been notified under section 14 [Ombudsperson to notify authority] of that Act;
(d) a matter that, under another enactment, is such that the public must be excluded from the
meeting;
(e) a review of a proposed final performance audit report for the purpose of providing comments to
the auditor general on the proposed report under section 23 (2) of the Auditor General for Local
Government Act.
st
City of Maple RidgeSPECIAL COUNCIL MEETING AGENDAOctober 24, 20232:00 PMVirtual Online Meeting including Council Chambers1 Floor, Maple Ridge City Hall1.CALL TO ORDER1.1 Territory AcknowledgementThe City of Maple Ridge carries out its business on the traditional andunceded territory of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen(qʼʷa:n̓ƛʼәn̓) First Nation.1.2 Approval of the AgendaThat the agenda of the October 24, 2023, Special Council meeting be adopted.2.MINUTES3.NEW BUSINESS3.1 Reconsideration of Remedial Action Order for 13473 224 StreetStaff report dated July 25, 2023, recommending Remedial Actions against thelandowner.RECOMMENDATION:THAT Council confirm/amend/cancel:[THAT Council hereby declares the pile of fill deposited from time to time sinceJune 2021 to the present (the "Fill") on the property located at 134 73 224th St.,and legally described as Lot: 3,Section: 30, Township: 12, Plan: NWP6688 (the"Property") a hazardous matter or thing as an erection of any kind under s. 73(1)(a)of the Community Charter, and that it creates an unsafe condition; andThat Council hereby declares the Fill on the Property a nuisance as an erection ofany kind under s. 73(1)(a) of the Community Charter, and, or in the alternative, as amatter or thing that is in or about a drain, ditch, watercourse, pursuant to s. 7 4(1)(d) and (c) of the Community Charter.Council therefore resolves that within thirty (30) days of receiving a copy of thisresolution, the Owner of the Property is required to perform the following RemedialAction requirements:1. Remove all of the deposited material from the site.2. Any excavation must be filled to prevent water from ponding on the site.3. The Owner must follow all Work Safe BC Hazardous Materials requirements forthe safe removal of any and all hazardous materials on the Property.In the event the Owner has not performed all of the Remedial Action requirementswithin 30 days after notice of this resolution is delivered to the Owner, the City may,by its own forces or those of a contractor engaged by the City, enter the Propertyand perform the Remedial Action requirements.In the event the City takes the above referenced action, the City may recover theexpense from the Owner, together with costs and interest, in the same manner asmunicipal taxes in accordance with sections 17, 258, and 259 of the CommunityCharter.If a person with notice of this resolution wishes to request reconsideration of theserequirements by Council, written notice of this request must be provided to theCorporate Officer within 14 days of that person receiving notice of this resolution.In the event the Owner continues to contravene the Soil Deposit Regulation BylawNo. 74122017 by depositing fill onto the Property, the City may proceed with legalaction against the registered Property Owner and seek, amongst other things,injunctive relief, to cease further unauthorized deposits of fill upon the Property andrequiring the Owner to either (a) obtain the appropriate permits, including a soildeposit permit and a watercourse protection development permit, or (b) removethe unauthorized fill and restore the Property under the supervision of a qualifiedprofessional and for the costs thereof.]4.GENERAL MATTERS4.1 Resolution to Exclude the PublicRECOMMENDATION: THAT, pursuant to Section 90 of the Community Charter, this meeting be closed tothe public as the subject matter being considered relates to the following:90(1)(i) the receipt of information that is subject to solicitorclient privilege,including communications necessary for that purpose.90(1)(k) negotiations and related discussions respecting the proposed provisionof a municipal service that are at their preliminary stages and that, in the view ofthe council, could reasonably be expected to harm the interests of municipality ifthey were held in public.5.INFORMATION ITEMS6.RELEASE OF ITEMS FROM CLOSED STATUS7.ADJOURNMENTCommunity Charter Section 90 – Meetings that may or must be closed to thepublic(1)A part of a council meeting may be closed to the public if the subject matter being consideredrelates to or is one or more of the following:(a) personal information about an identifiable individual who holds or is being considered for aposition as an officer, employee or agent of the municipality or another position appointed by themunicipality;(b) personal information about an identifiable individual who is being considered for a municipalaward or honour, or who has offered to provide a gift to the municipality on condition of anonymity;(c) labour relations or other employee relations;(d) the security of the property of the municipality;(e) the acquisition, disposition or expropriation of land or improvements, if the council considersthat disclosure could reasonably be expected to harm the interests of the municipality;(f) law enforcement, if the council considers that disclosure could reasonably be expected toharm the conduct of an investigation under or enforcement of an enactment;(g) litigation or potential litigation affecting the municipality;(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting themunicipality, other than a hearing to be conducted by the council or a delegate of council;(i) the receipt of advice that is subject to solicitorclient privilege, including communicationsnecessary for that purpose;(j) information that is prohibited, or information that if it were presented in a document would beprohibited, from disclosure under section 21 of the Freedom of Information and Protection ofPrivacy Act;(k) negotiations and related discussions respecting the proposed provision of a municipal servicethat are at their preliminary stages and that, in the view of the council, could reasonably beexpected to harm the interests of the municipality if they were held in public;(l) discussions with municipal officers and employees respecting municipal objectives, measuresand progress reports for the purposes of preparing an annual report under section 98 [annualmunicipal report];(m) a matter that, under another enactment, is such that the public may be excluded from themeeting;(n) the consideration of whether a council meeting should be closed under a provision of thissubsection or subsection (2);(o) the consideration of whether the authority under section 91 [other persons attending closedmeetings] should be exercised in relation to a council meeting.
(2)A part of a council meeting must be closed to the public if the subject matter being considered
relates to one or more of the following:
(a) a request under the Freedom of Information and Protection of Privacy Act, if the council is
designated as head of the local public body for the purposes of that Act in relation to the matter;
(b) the consideration of information received and held in confidence relating to negotiations
between the municipality and a provincial government or the federal government or both, or
between a provincial government or the federal government or both and a third party;
(c) a matter that is being investigated under the Ombudsperson Act of which the municipality has
been notified under section 14 [Ombudsperson to notify authority] of that Act;
(d) a matter that, under another enactment, is such that the public must be excluded from the
meeting;
(e) a review of a proposed final performance audit report for the purpose of providing comments to
the auditor general on the proposed report under section 23 (2) of the Auditor General for Local
Government Act.
st