COMMUNITY STANDARDS AND

LICENCE APPEAL  COMMITTEE

 

MINUTES


January 23, 2014  –  Churchill Building

 

 

PRESENT

T. Caterina, S. McKeen, M. Oshry

ALSO IN ATTENDANCE

S. McDonald, Office of the City Clerk
C. Ashmore, Law Branch
I. Russell, Office of the City Clerk

TABLE OF CONTENTS

ITEM

                                                                                                         PAGE

DECISION

 

1.          CALL TO ORDER AND RELATED BUSINESS                                 1

1.1        Call to Order                                                                                               1

1.2        Adoption of Minutes                                                                                2

2.          EXPLANATION OF APPEAL HEARING PROCESS                         2

3.          COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE

               MATTERS                                                                                                 2

3.1        Appeal of Order – C. P., 11339 – 70 Street NW

             Order Pursuant to Section 546(1)(c) of the Municipal

             Government Act.                                                                                       2

3.2        Appeal of Order – B. M., 12204 - 113 Avenue NW

             Order Pursuant to Section 546(1)(c) of the Municipal

             Government Act.                                                                                       3

3.3        Appeal of Decision to Cancel Business Licence

             102751290-005 issued to 1694838 Alberta Ltd. o/a

             New York Pizza and Donair                                                                   4

3.4        Appeal of Order - B. B., 184 Humberstone

             Road NW, Order Pursuant to Section 545(1) of the

             Municipal Government Act.                                                                    2

3.5        Appeal of Order - Condominum Corporation No. 1024320,

             10617 - 107 Street NW, Order Pursuant to Section

             546(1)(c) of the Municipal Government Act.                                       3

3.6        Appeal of Order – Cockralls Auto Body Ltd.,

             11744 – 96 Street NW, Order Pursuant to Section 545(1) of

             the Municipal Government Act                                                              3

4.          ADJOURNMENT                                                                                      5

 

 

 

Carried

See Minutes

 

 

 

 

Withdrawn

 

 

Postponement

 

 

Action

 

 

Withdrawn

 

 

Action

 

 

Withdrawn

DECISION SUMMARY

ITEM

 

DECISION

1.

CALL TO ORDER AND RELATED BUSINESS

1.1

Call to Order

 

 

 

Councillor Caterina called the meeting to order at 9:40 a.m.

 

 

Moved M. Oshry:

 

 

 

That the Items on the Agenda that have not been withdrawn be heard in the following order:  3.5, 3.2, 3.3

 

 

In Favour:

Carried

 

 

T. Caterina, S. McKeen, M. Oshry

 

1.2

Adoption of Minutes

 

 

Moved S. McKeen:

 

 

 

That the November 8, 2013, Community Standards and Licence Appeal Committee meeting minutes be adopted.

 

 

In Favour:

Carried

 

 

T. Caterina, S. McKeen, M. Oshry

 

2.

EXPLANATION OF APPEAL HEARING PROCESS

 

 

Councillor Caterina explained the appeal hearing process and asked if anyone objected to any Member of the Community Standards and Licence Appeal Committee hearing the appeals. No one objected.

 

3.

COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE MATTERS

3.1

Appeal of Order - C. P., 11339 - 70 Street NW, Edmonton, Alberta, Order Pursuant to Section 546(1)(c) of the Municipal Government Act.

 

 

 

S. McDonald, Office of the City Clerk, advised the Committee that pursuant to an inspection conducted on the property, Administration has withdrawn the Order against this property.

 

3.4

Appeal of Order - B. B., 184 Humberstone Road NW, Edmonton, Alberta, Order Pursuant to Section 545(1) of the Municipal Government Act.

 

 

 

S. McDonald, Office of the City Clerk, advised the Committee that pursuant to an inspection conducted on the property, Administration has withdrawn the Order against this property.

 

3.6

Appeal of Order - Cockralls Auto Body Ltd., 11744 - 96 Street NW, Order Pursuant to Section 545(1) of the Municipal Government Act.

 

 

 

S. McDonald, Office of the City Clerk, advised the Committee that pursuant to an inspection conducted on the property, Administration has withdrawn the Order against this property.

 

3.5

Appeal of Order - Condominium Corporation No. 1024320, 10617 - 107 Street NW, Edmonton, Alberta, Order Pursuant to Section 546(1)(c) of the Municipal Government Act

 

 

 

The Appellant was not present.

C. Ashmore, Law Branch, answered the committee’s questions.

T. Courtoreille, Community Services Department, made a presentation and answered the Committee's questions.

Three sets of photographs dated November 25, 2013, December 12, 2013, and January 21, 2014, were presented to the Committee and Office of the City Clerk.

The Committee reviewed the original letter of appeal dated December 17, 2013, submitted by J. S., Appellant.

 

 

Moved S. McKeen:

 

 

 

The Committee upholds the order.

You are therefore ordered to:

Remove all furniture, mattresses, wood, cardboard, boxes, plastics, electronics, loose litter and debris and other assorted materials from the entire property and take any actions or remove any other items that are contributing to the unsightly condition of the property.  

And thereafter maintain the property to prevent the reoccurrence of any unsightly condition detrimental to the surrounding area.  

Community Services Dept.

 

Due Date:  December 27, 2013

 

 

In Favour:

Carried

 

 

T. Caterina, S. McKeen, M. Oshry

 

3.2

Appeal of Order - B. M., 12204 - 113 Avenue NW, Order Pursuant to Section 546(1)(c) of the Municipal Government Act.

 

 

 

B. M., Appellant requested a postponement and answered the Committee's questions.

C. Ashmore, Law Branch, answered the Committee’s questions.

T. Courtoreille, Community Services Department, answered the Committee's questions.

 

 

Moved M. Oshry:

 

 

 

That the Committee grant the Postponement Request.

The appeal has been rescheduled to 9:30 a.m., Thursday, February 27, 2014.  

 

 

 

In Favour:

Carried

 

 

T. Caterina, S. McKeen, M. Oshry

 

3.3

Appeal of Decision to Cancel Business Licence 102751290-005 issued to 1694838 Alberta Ltd. o/a New York Pizza and Donair

 

 

 

C. Caterina explained the appeal hearing process for business licence appeals.

A. Persi, Student at Law, Snyder & Associates, confirmed he is the representative of the Appellant and requested a postponement. He answered the committee’s questions.

C. Ashmore, Law Branch, answered the committee's questions.

T. Courtoreille, Respondent, requested that the Postponement request be denied and answered the Committee's questions. T. Courtoreille submitted a written request to the Committee to revoke the stay should the Postponement request be denied.

A recess was granted at 10:17 a.m. in order to allow A. Persi to meet privately with his Client.

The Committee reconvened at 10:43 a.m.

A. Persi confirmed he is seeking a Postponement on behalf of his client but opposes revoking the stay.

The Committee met in private at 11:06 a.m. pursuant to Section 20 of the Freedom of Information and Protection of Privacy Act.

The Committee reconvened at 11:44 a.m.

 

 

Moved T. Caterina:

 

 

 

That the Committee deny the Postponement Request.

 

 

 

In Favour:

Carried

 

 

T. Caterina, M. Oshry

 

 

Opposed:

 

 

 

S. McKeen

 

 

 

The Committee will reconvene at 1:00 p.m. to hear the appeal.

 

 

 

The Committee reconvened at 1:03 p.m.

C. Caterina reviewed the hearing process regarding business licence appeals.

A. Persi, representative of the Appellant, made a presentation and answered the Committee's questions. The Committee allowed A. Persi a short recess at 1:29 p.m. to consult with his client in private. The meeting reconvened at 1:33 p.m. A. Persi provided some further clarifications.

T. Courtoreille, Respondent, made a presentation and answered the Committee’s questions.

C. Ashmore, Law Branch, answered the Committee's questions.

N.  Jacobsen, legal counsel for the Respondent, clarified legislation regarding time lines for registration of a change of Director for a Corporation.

T. Caterina directed the record reflect that Mr. Courtereille was the Respondent, not Mr. Corduroy as per the audio.

The Committee met in private at 2:14 p.m., pursuant to Section 20 of the Freedom of Information and Protection of Privacy Act.

The Committee met in public at 3:02 p.m.

 

 

Moved T. Caterina:

 

 

 

The Committee upholds the decision of the Chief Licensing Officer dated November 1, 2013, to cancel Business Licence 102751290-005 issued to 1694838 Alberta Ltd. operating as New York Pizza & Donair at 9715 – 118 Avenue NW, Edmonton

Community Services Dept.

 

Due Date:  November 1, 2013

 

 

In Favour:

Carried

 

 

T. Caterina, S. McKeen, M. Oshry

 

4.

ADJOURNMENT

 

 

The meeting adjourned at 3:04 p.m.