ADMINISTRATIVE REPORT

Date: November 16, 1999
Author/Local: JF-R/7205
RTS No. 1078
CC File No. 113

Council: November 30, 1999

TO:	Vancouver City Council
FROM:	General Manager of Community Services and Director of Legal Services
SUBJECT:	Amendment of the Board of Variance By-law

RECOMMENDATION

A. THAT the Board of Variance By-law be amended to provide for a procedure for the election of the Chair of the Board, as discussed in this report.

B. THAT the Director of Legal Services be requested to bring forward the amending by-law for enactment.

If recommendation B is approved, the by-law will be presented for enactment at today’s meeting of Council.

COUNCIL POLICY

The Vancouver Charter provides that the by-law establishing the Board of Variance set out the procedures to be followed by the Board.

PURPOSE

The purpose of this report is to seek Council approval of an amendment to the Board of Variance By-law to provide for a procedure for the appointment of the Chair of the Board.

BACKGROUND

The Vancouver Charter provides that the Board of Variance shall be comprised of five members, two members appointed by Council, two members appointed by the Provincial government and a Chair appointed by a majority of the other appointees. The Charter also provides that the By-law establishing the Board of Variance set out the procedures to be followed by the Board.

Over the past few months staff have been working with the Board of Variance to improve its procedures and staff’s relationship with the Board.

DISCUSSION

In reviewing the Board of Variance By-law, staff noted that it does not provide for a specific procedure for the appointment of the Chair of the Board. In the past, the appointment of the Chair has been done by the Board’s secretary informally canvassing the other members of the Board. After discussion with the Board and its counsel, staff recommend that the Board of Variance By-law be amended to provide for a procedure whereby:

(i) any of the members of the Board appointed by Council or the Provincial government may nominate a person to be appointed as the Chair of the Board, with notification of such nomination being delivered to all members of the Board not less than seven days before the meeting at which the Chair is to be appointed; and

(ii) the Chair of the Board is appointed by a resolution passed by a majority of the members of Board appointed by Council and the Provincial government, at a meeting of those members.

In recent discussions with the Board, other aspects of the Board’s procedures have been raised and members of the Board have suggested some other possible amendments to the By-law. Staff have not had an opportunity to fully consider these suggestions or to discuss them with the Board and, accordingly, the amendments recommended in this report relate solely to the procedure for the appointment of the Chair of the Board. Staff will continue to work with the Board to review its procedures and may report back to Council in the future recommending further changes to the By-law.

* * * * *

(c) 1998 City of Vancouver