Bylaws One Aye, One Nay

By 250 News

    Prince George City Council resumed the public hearing on bylaws which propose regulations for pawn shops and second hand dealers, and a bylaw which would change zoning  that  might impact  the development of lots along the rivers. (see previous story)

Pawn shops / Second Hand dealers

The bylaw has been defeated, but not without lots of discussion.

Some of the questions raised in the first part of the public hearing now had answers, for instances:   Will the pawn shop and second  hand dealer bylaw  incude auction  houses? Answer is yes.  City staff  have already  asked  that Council add to the bylaw  the allowing of  goods to be picked up.

Auctioneer Brock McElroy came before Council to  ask some questions. 

1. will the  bylaw which would cover his business also include multi-family garage sales?  the answer is no
2. Items to be included in the 2nd hand list  covers  not only construction tools.  Answer : items like chainsaws have been added because they are high theft items along with forestry  and farm equipment and tools.
3. Does the bylaw allow the RCMP to seize  a computer  to check records?     Answer:  yes.
4. What about out of town auctioneers,  they come here and they often bring  items with them.  Do they have to keep it here for 30 days?  Answer:   They would have to  hold it here for 30 days before it could be sold.

McElroy says  often he gets calls from  people who say they are moving, and would like to sell their goods before they leave,  "We  will have to tell them, well, we can sell your furniture, but everything else has to be held for 30 days."  McElroy says  the potential client will likely pack up their goods and drop them off at the next auction house at the next town.

RCMP Superintendent Dahl Chambers says while the RCMP don’t want to point  fingers at any one dealer, or auctioneer, he says clearly,  all who deal with second hand equipment  have to be covered so the regulations are consistent.  Chambers says the RCMP have not had any issues with auctioneers.  "It is not the integrity of the auctioneers that is in question here" says Chambers "it is the integrity of the people who bring the property to them that is in question."

Councilor Don Zurowski  wanted to know if someone brings their snowmobile in to a snow machine dealership and wants to trade that  machine for  another, would the dealership have to hold that trade-in for 30 days?  Under the proposed bylaw, the dealership would have to hold that trade-in for 30 days before they could sell the item.  That , says Mayor Colin Kinsley, makes the bylaw onerous  "We  started out wanting to deal with pawn and second-hand shops and it seems to have grown legs"  The Mayor wants  the "legitimate dealership" aspect  examined.

The President of the Auctioneer’s Association says the bylaw will kill the auctioneer business in Prince George.  Tom DeWaal says  if auctioneers  have to store items for 30 days, their profit margin will be eaten by  rental fees and it does nothing to help identify stolen property.  "You would be better off  requiring a five day public viewing period for  all property that is to be auctioned,  that way police can look, the public can look".  He says  people who want to get rid of stolen property want to get rid of it quickly and get a rapid turn around for cash. The auction is not that kind of place.  He says items are advertised for a week and auction proceeds are not distributed until about a week after the sale,  so the timing is all wrong for those who steal property.

Councilor Don Basserrmann says 30 days is too long, and a week is too short.   He asked how could the RCMP review all the material in one week?  He says  how can a victim of crime  even evaluate all the things that are missing in a week? 

Councilor Don Zurowski says  there have been too many issues raised to pass the bylaw as it stands "This is a rebuild not an ammendment" says Zurowski.

Councilor Murry Krause says this bylaw is desperately needed in the community to curb crime. "The staff have done what we have asked them to do. I think we need to differentiate between the auctioneers and the second hand dealers and pawn shops.  I think this bylaw does need some work to  address the concerns that have been  raised  over the two evenings we have discussed this issue."

Mayor Colin Kinsley, in recommending  the bylaw be defeated, said there are just too many issues that need to be dealt with.  He referred to one of the  problems with the bylaw  "when something isn’t working you trade it in to a legitimate dealer and get a new one." 

Zoning bylaw 7850

The bylaw has been approved  and the issue that has come to  light under this one  has to do with  "top of bank" versus  "high-water mark". The new  rules would require a setback of 30 metres from "top of bank".  The change in terms means the new set backs could pose serious development challenges to some properties as it reduces the size of the site.  The bylaw has been approved, but there are some changes expected.

Councilor Sherry Sethen asked  if there was some way  it could be enshrined that  "People who bought properties in good faith would be allowed to build in good faith?"  Manager of Current Planning, Dan Milburn,  wouldn’t go that far. He did  say that although it was possible to grandfather  in the lots that were already purchased, he didn’t think that was necessary. 

Milburn also indicated that in most cases, "high water mark" and "top of bank" are the same, and the existing covenants on the Sunset Place properties is already more restrictive as it calls for a 40 meter set back.

Mr. Milburn did not mention that the covenants call for setbacks from high water marks, not top of bank, and that the covenants not only set minimum house size, they also say there shall be no fences, yet City Staff have been advising home builders they must include a fence along the property.

Councilor Sethen  presented some ideas to be referred to City Staff  for "housekeeping",  including some clarity on  3-1 slopes and a certain amount of security for those who purchased  property before the new bylaw came into effect  can  develop their property to the previous rules and regulations.   

Email | Print | Facebook | Twitter | Digg | Del.icio.us