CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JUNE 23, 1998

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, June 23, 1998, in the Council Chamber, Third Floor, City Hall, commencing at 10:00 a.m., for the purpose of determining whether or not a 1998 Business License ought to be granted to the Applicant, Van City Construction Ltd., 3736 East Hastings Street, Burnaby, British Columbia.

PRESENT:	Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Jennifer Clarke (Sick Leave from 11:40 a.m.) Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Lynne Kennedy (Sick Leave)
CITY MANAGER'S OFFICE:	Judy Rogers, Deputy City Manager
CLERK TO THE COUNCIL:	Denise Salmon

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Don Lee,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.

- CARRIED UNANIMOUSLY

1. Van City Construction Ltd.

Vancouver City Council had before it for consideration the following material (on file in the City Clerk's Office):

Tab

1Memo to Ken Dobell, City Manager, from Peter Sweeney, Supervisor, Buildings and Permits, re: Ron Bennett/Van City Construction, with attached written complaints and inspection reports regarding Ron Bennett and Van City Construction Ltd.

26829 Doman Street

-letter dated January 23, 1993, from Daniel Wong to Peter Sweeney

-Inspection Report dated August 29, 1991

-Stop Work Notice dated August 29, 1991

-letter dated September 4, 1991, from R.V. Herbert, P.Eng., City Building Inspector, to Diana Y. Tom

-Building Permit #BP 818586 dated September 16, 1991

32795 Yale Street

-letter dated December 3, 1996, from Sharon L. Anderson to Mayor Owen and City Councillors

-one photograph

42444 Yale Street

-letter To Whom It May Concern from Dan and Patti Hutchinson, undated

-Development and Building Permit dated June 23, 1995

-handwritten notes of chronology from 95-08-11 to 97-10-20

-computer printout of the permit action on 2444 Yale Street

-letter dated October 29, 1996, from Dan and Patti Hutchinson to John Robertson, P.Eng., Permits and Licenses Department

-undated letter from Dan Hutchinson to the Mayor

-seven photographs

54070 Welwyn Street

- Inspection Report dated September 9, 1995

-Stop Work Notice dated September 12, 1995

-Inspection Report dated September 12, 1995

-letter from R.L. Maki, P.Eng., City Building Inspector, to Hong F. Tsang and Cindy Y. Tsang, dated September 14, 1995

Clause 1 Cont'd

-letter from R.L. Maki, P.Eng., City Building Inspector, to Hong F. Tsang and Cindy Y. Tsang, dated October 30, 1995

-Development and Building Permit dated February 25, 1997

-two photographs

62303 Trafalgar Street

-handwritten letter dated May 7, 1996, from Geraldine E. Waters

71245 East 23rd Avenue

-Inspection Report dated July 29, 1996

-letter dated August 7, 1996, from P.R. Sweeney for M.L. Maki, P.Eng., City Building Inspector, to Sigrid Olsen and Vito Viniero

-letter dated September 25, 1996, from R.L. Maki, P.Eng., City Building Inspector, to Sigrid Olsen and Vito Viniero

-Memo dated November 15, 1996, from P.R. Sweeney to File

-one photograph

82343 Victoria Drive

-letter dated October 25, 1996, from Doreen Herman to Mr. Henry Lee, Manager of Compliance, Consumer Operations

-Agreement dated September 11, 1996, between Doreen Herman and Van City Construction Ltd.

-Renovation Agreement dated September 11, 1995, between Van City Construction Ltd. and Doreen Herman

-Stop Work Notice dated October 28, 1996

-letter dated October 31, 1996, from R.L. Maki, P.Eng., City Building Inspector, to Doreen I. Herman

-letter dated December 9, 1996, from Doreen Herman to Mayor Philip Owen and City Councillors

-letter dated January 22, 1997, from Russell Poulston, Architect, to P.R. Sweeney, Manager, Building Inspections Branch

-letter dated March 12, 1998, from Doreen Herman to the Mayor and Council of the City of Vancouver with attached photographs (3)

-letter dated March 11, 1998, from Ron Thomas, carpenter and plumber, to the Mayor and Council of the City of Vancouver, with attached photographs (3)

-fax cover letter dated January 15, 1998, from R. Bennett to Paul Teichroeb, City Hall, Vancouver

Clause 1 Cont'd

92291 Grant Street

-Affidavit of Stanley Fox sworn April 6, 1998, including several photographs

-letter dated September 12, 1997, from N.K. Varshney, P.Eng., N.K.. Engineering & Consulting Ltd., to Mr. Stanley Fox

-handwritten Statement of Mark Kellfondonk dated March 17, 1998

-Inspection Report dated April 14, 1998 (3 pages)

-letter dated April 20, 1998, from T.R. Timm, P.Eng., City Building Inspector, to Stanley Fox

-letter dated April 23, 1998, from the Administrative Assistant to Council Committees, Office of the City Clerk, to Stanley Fox, with attached Administrative Report

-Memorandum dated May 1, 1998, from Nancy Largent, Administrative Assistant to Council Committees, City Clerk’s Office, to Ted Droettboom, Tom Timm, Frances Connell and Carlene Robbins, re Warning to Prospective Purchasers

10Three letters

-dated April 29, 1997, from John Kenward, Chief Operating Officer, Canadian Home Builders’ Association, to Mr. Ron Bennett, Van City Construction Ltd.

-dated May 12, 1997, from John Kenward, Chief Operating Officer, Canadian Home Builders’ Association, to Ted Droettboom, Planning Manager, City of Vancouver

-dated May 12, 1997, from John Kenward, Chief Operating Officer, Canadian Home Builders’ Association, to Peter Sweeney, City of Vancouver

114387 Percival Avenue

-letter dated April 8, 1998, from Vern Buchholz, to Mayor and Council

-Ten photographs

124263 West 9th Avenue

-letter dated March 31, 1998, from Fred Baldwin, to the Mayor and Council, City of Vancouver

-Purchaser and Contract Agreement dated April 12, 1996, between Mr. and Mrs. Fred Baldwin and Van City Construction Ltd.

-three pages of typewritten notes entitled "Renovations - 4263 West 9th Avenue - Vancouver"

-Excerpt from Proceedings dated March 11, 1998, between Van City Construction Ltd. and Fred Baldwin

Clause 1 Cont'd

13874 East 32nd Avenue

-Inspection Report dated June 17, 1996

-Stop Work Notice dated June 17, 1996

-Two photographs

-letter dated June 19, 1996, from R.L. Maki, P.Eng., City Building Inspector, to Li C. Sun

-Inspection Report dated June 24, 1996

-Two photographs

-letter dated August 9, 1996, from R.L. Maki, P.Eng., City Building Inspector, to Li C. Sun

-Two photographs

-letter dated April 24, 1997, from R.L. Maki, P.Eng., City Building Inspector, to Li C. Sun

-letter dated May 6, 1997, from Brent Lokash, Jonathan Baker & Associates, to P.R. Sweeney, Manager, Building Inspections Branch, City of Vancouver

-Development and Building Permit #DB 405097, dated July 31, 1997

14City of Burnaby Correspondence

-letter dated September 30, 1996, from Craig M. Collis, Chief Licence Inspector, to Van City Construction Ltd.

Ms. Catherine Kinahan, Corporation Counsel, was present on behalf of the City. Mr. Ron Bennett, carrying on business as Van City Construction Ltd., represented himself.

Ms. Kinahan advised the proceedings were taking place pursuant to Section 275 of the Vancouver Charter, which provides that the issuance of a business license is deemed to be at the discretion of Council. Council's attention was then directed to a memorandum from the City's Director of Legal Services dated May 19, 1998, to Van City Construction Ltd., Attention: Ron Bennett, which set out the following allegations that the Applicant has:

(a)worked without building permits in contravention of the Building By-law of the City of Vancouver;

(b)deviated from plans forming part of the building permit without prior approval of the City Building Inspector in contravention of the Building By-law of the City of Vancouver;

(c)undertook development on land or in a building without a development permit in contravention of the Zoning and Development By-law of the City of Vancouver; and

Clause 1 Cont'd

(d)operated its business to the detriment of the safety and well being of the public.

In support of these allegations, Ms. Kinahan called the following witnesses:

·Paul Teichroeb, Chief Licence Inspector, Licence and Property Use Division

·Peter Sweeney, Manager, Building Inspections Branch

·Doreen Hermann

·Vern Sopow, Inspector, Building Inspections

·Arne Mothe

·Fred Baldwin

Mr. Bennett also directed questions to each of the witnesses.

Submitted for Council's consideration by Mr. Bennett were two documents, one dated February 4, 1998, regarding a Supreme Court action pursuant to the Trade Practices Act, the other from the Better Business Bureau of Mainland B.C., dated June 15, 1998, which notes the company's status with the Bureau. Mr. Bennett's submission concluded with his acknowledgement of sometimes working without permits and drawings to comply with the wishes of his customers; however the services of an Engineer are enlisted on each project.

Ms. Catherine Kinahan submitted that the evidence presented at this Hearing accords with the allegations (a) through (d) above and set out the legal test for Council to apply in determining whether or not 1998 business licenses ought to be granted to the Applicant, Van City Construction Ltd.

COUNCIL DISCUSSION

Prior to a decision on this matter, Council members noted the demonstrated history of the allegations set out above, with comment on the need to obtain further information regarding the professional conduct of Mr. Stephen Keyes of Keyes Engineering Ltd. in relation to work done for Mr. Bennett. Cost of staff resources to date, including numerous building inspections was also noted.

MOVED by Cllr. Puil,

A.THAT a 1998 Business License not be granted to the Applicant, Van City Construction Ltd., 3736 East Hastings Street, due to the following substantiated allegations:

(i)work without building permits in contravention of the Building By-law of the City of Vancouver;

Clause 1 Cont'd

(ii)deviation from plans forming part of the building permit without prior approval of the City Building Inspector in contravention of the Building By-law of the City of Vancouver;

(iii)undertaking development on land or in a building without a development permit in contravention of the Zoning and Development By-law of the City of Vancouver; and

(iv)operating its business to the detriment of the safety and well being of the public.

B.THAT Council be informed by the Chief License Inspector if any further applications for a business license are made by Van City Construction Ltd. or Mr. Ron Bennett, to the City of Vancouver

C. THAT the Law Department be requested to report back on:

i)the City's legal status in regard to being made aware if Mr. Ron Bennett goes into business under another name; and

ii)the possibility of notifying all municipalities in the GVRD that Mr. Bennett and Van City Construction Ltd. have been denied a Business License in the City of Vancouver.

D.THAT the City Building Inspector be requested to report back on action taken in regard to the complaint by the District Building Inspector about the professional conduct of Mr. Steven V. Keyes of Keyes Engineering Ltd., including inquiries as to whether there are any additional complaints about Mr. Keyes.

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Don Lee,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

* * * * *

The Special Council adjourned at 11:59 a.m.

* * * * *

(c) 1998 City of Vancouver