Legal due process was not followed, the THIRD READING to BYLAW NO. 463-2009
Posted on | March 24, 2009 |
Legal due process was not followed, the THIRD READING to BYLAW NO. 463-2009
RE: BYLAW NO. 463-2009 – Proposed Heritage Mountain - Heritage Woods Middle School Site ANMORE
I’m writing in regard to what I believe was a gross error in legal procedure(s) and willing misrepresentation made to Mr. Rosen, the Planning Consultant for the Village of Anmore, as well as the residents of Anmore by the Mayor, Council, and staff of the Village of Anmore, carried out up to, and including, the third reading for BYLAW NO. 463-2009.
1. Notice was received for the Public Meeting Thursday, February 19th, 2009. Instructions for submission were included on page two:
a. “ALL PERSONS who deem themselves affected hereby shall be afforded an opportunity to be heard in person or by written submission at the Public Hearing before Council on the matters contained herein. Written submissions will be accepted up to the conclusion of the Public Hearing.”
(Schedule A)
2. Five (5) Submissions were made in accordance to the Notice of Public Hearing. six pieces of documentation of written submissions submitted prior to the conclusion of the Public Hearing mentioned above that went unlawfully unacknowledged in the hearing.
email sent Thur 2/19/2009 5:49PM
email sent Thur 2/19/2009 5:51PM
email sent Thur 2/19/2009 5:52PM
email sent Thur 2/19/2009 7:49PM
email sent Thur 2/19/2009 8:45PM
email sent Thur 2/19/2009 8:55PM
This meeting was Meeting adjourned at 9:06PM
3. None of these submissions were read into the meeting by the Mayor during the Public Meeting Thursday, February 19th, 2009.
4. Subsequently during the Special Council Meeting on March 5th, 2009 the above mentioned five submissions were also not included in the Meeting Agenda.
5. Mr. Rosen, the Planning Consultant for the Village of Anmore, made no mention of these five submissions during the delivery of his report.
6. Mayor and Council voted to approve the THIRD READING of BYLAW NO. 463-2009 at the conclusion of Mr. Rosen’s presentation of his report without acknowledgment and consideration of the written submissions.
7. Subsequent copies of these emails were re-sent to Mayor, Council, and Staff on Thursday March 5th, 2009.
8. Subsequent copies of these emails were FAXED to Mayor, Council, and Staff on Thursday March 5th, 2009.
9. A letter was received from Mr. Howard Carley on March 9th acknowledging the receipt of my fax. To date, there has been no representation made by Mr. Carley as to the legitimacy of the previous send date/time of the written submissions sent to Mayor, Council, and Staff on the date of February 19th.
10. The Village of Anmore has interfered with legal due process in the following ways:
a. Said information legally should have been presented to the consultant for consideration
b. Said information legally should have been included in the Meeting Agenda Special Council Meeting on March 5th, 2009
c. Said information legally should have been considered by Mayor and Council prior to giving THIRD READING to BYLAW NO. 463-2009.
d. These intentional interruptions in due process legally nullify the THIRD READING.
11. Legal due process was not followed, the THIRD READING to BYLAW NO. 463-2009.
a. THIRD READING to BYLAW NO. 463-2009 should be scheduled again once dissemination and notice is given as required by law.
b. FOURTH READING to BYLAW NO. 463-2009 as scheduled must be suspended pending THIRD READING to BYLAW NO. 463-2009.
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For more information regarding the proposed building of Heritage Middle School please contact: Village of Anmore - Anmore Mayor Hal Weinberg, Councilor John McEwen, Councilor Kerri Palmer Isaak, Councilor Mario Piamonte, Anmore Councilor Chris Sedergreen. 2697 Sunnyside Road, Anmore, BC, V3H 5G9
Michael Rosen – Planning Consultant
School District 43 – SD43 - Tom Grant Superintendant of Schools, Dan Derpak, Assistant Superintendant of Schools, Holly Butterfield School Trustee. 550 Poirier Street, Coquitlam, B.C. V3J 6A7
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March 25th, 2009 @ 12:26 am
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