April 23, 2019 - Minutes (Special)

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City of Richmond Meeting Minutes

Special Council

Tuesday, April 23, 2019



Anderson Room
Richmond City Hall


Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Carol Day
Councillor Kelly Greene
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves
Councillor Michael Wolfe

Corporate Officer – David Weber

Call to Order:

Mayor Brodie called the meeting to order at 4:03 p.m.






Chauffeur's Permit Appeal – Mr. AMRITPAL SANDHU 
(File Ref. No.: 12-8275-02 ) (REDMS No. 6163823, 6050671, 6136252)



The Chair remarked that Council has received Cpl. Etienne’s report and in reply to queries from Council, Cpl. Etienne advised that the Motor Vehicle Act does not specify a time period before an applicant may re-apply, and police files were reviewed dating back to 2008 as he found them to be relevant to Mr. Sandhu’s application.



Amritpal Sandhu, applicant for a Chauffeur’s Permit, appeared before Council and provided the following information with regard to his application:




he has been sober for approximately six months;




he has been driving a taxi for 37 years and does not drink and drive;




he has a valid Chauffeur’s Permit in Burnaby and works as a taxi driver for Bonny’s Taxi;




he does not have any traffic violations and thus queried why he was denied a Chauffeur’s Permit in Richmond;




his family is pleased with his sobriety; and




he approaches his sobriety one day at a time and works with a counsellor and sponsor.



Mr. Sandhu then provided the Chair with a copy of his driving abstract that he obtained from the driver licencing office.



The Chair read Mr. Sandhu’s driving abstract aloud, stating that Mr. Sandhu has “no record of any prohibitions from driving or licence suspensions as of April 23, 2019 (attached to and forming part of these minutes as Schedule 1).



In response to queries from Council, Cpl. Etienne advised that (i) the Motor Vehicle Act delegates authority on Chauffeur Permits to municipalities and therefore the manner in which permits are managed are unique to each municipality, (ii) the files noted on the report are strictly those where police were involved; there may be other instances where the police were not contacted, (iii) Mr. Sandhu’s substance abuse history is found to be relevant to his ability to operate a taxi, and (iv) it would be up to Mr. Sandhu to bring forward evidence or witnesses to speak to his rehabilitation.



It was moved and seconded



That the RCMP’s denial of a Chauffeur’s Permit to Mr. Amritpal Sandhu be upheld.



The question on the motion was not called as discussion ensued and Council commented that Mr. Sandhu’s livelihood is unaffected as he remains a full-time taxi driver in Burnaby and ultimately, the community’s safety is paramount; although Mr. Sandhu can be applauded for overcoming his problems, a longer track record of sobriety and improved mental health would be encouraging.



The question on the motion was then called and it was CARRIED with Cllr. Au opposed.



Discussion then took place on the potential to delay consideration of the application and a time period in which a subsequent application for a Chauffeur’s Permit by Mr. Sandhu may be considered.



As a result of the discussion, the following motion was introduced:



It was moved and seconded



That a Chauffeur’s Permit application for Mr. Amritpal Sandhu not be re-considered until April 23, 2020.



The question on the motion was not called as discussion took place on the value of hearing from Mr. Sandhu’s employer, sponsor and family when he re-applies.  Also, Council commented on Mr. Sandhu’s rehabilitation efforts, noting that he has indicated he has been sober for approximately six months.  As a result, the following amendment motion was introduced:



It was moved and seconded



That the main motion be amended to read “until January 1, 2020.”






The question on Resolution SP19/4-2, as amended, was then called and it was CARRIED.






It was moved and seconded



That the meeting adjourn (4:28 p.m.).





Certified a true and correct copy of the Minutes of the Special meeting of the Council of the City of Richmond held on Tuesday, April 23, 2019.



Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)