27 InsIde: Green and Sustainable Building Practices in BC - years - BC Notaries
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Summer 2019 | Volume 28 Number 2 Published Quarterly by The BC Notaries Association 27 years Michael Geller, Architect Inside: Green and Sustainable Building Practices in BC Publications Mail Agreement: 40010827
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When Reading the PDF Online click on an article or page number. P U B L I S H E D BY T H E S O C I E T Y O F N OTA R I E S P U B L I C O F B C The Scrivener: What’s in a Name? 5 PRESIDENT, THE SOCIETY OF NOTARIES PUBLIC OF BC PROFILE OF A BC NOTARY Thoughts on “Being Green” 6 Showcasing the Winners Rhoda Witherly of the Prestigious Dr. Bernard W. Hoeter Award EXECUTIVE DIRECTOR, THE SOCIETY OF NOTARIES PUBLIC OF BC Year 2013: BC Notary Jackie Tait, Chilliwack Green and Sustainable Building Practices Family is Your Greatest Resource 38 Sustainable by Whose Measure? 7 Jackie Tait John Mayr BC Notaries Spring Conference 2019 40 PRESIDENT, BC NOTARIES ASSOCIATION Jacqui Mendes The BC Notaries Association Update 8 Business to Business 44 Daniel Boisvert THANK YOU TO ALL INTERIM CEO, BC NOTARIES ASSOCIATION OUR 2019 SPRING CONFERENCE SPONSORS 45 We Might be Related . . . 9 Wayne Braid Congratulations, BC Notary Class of 2019 46 KEYNOTE Address to Our BC Notary Graduates Ideas for Going Green 10 from The Honourable Chief Justice Hinkson 47 Val Wilson Celebrating Our Newest BC Notaries COVER STORY Class of 2019, Wednesday, June 12 48 Renaissance Man The Notary Pledge 48 Michael Geller, AIBC, FCIP, RPP, MLAI 11 Message to the New Notaries from The President of The Society of Notaries Public 49 Rhoda Witherly ADVERTISING FEATURE Address from the Graduating Class of 2019 . . . Saving the Past for Future Generations 20 We Are on Our Way! 50 Services a BC Notary Can Provide 21, 75 Franca Muraca ENERGY SYSTEMS The New Leadership Award That Gurgling Sound Honouring Wayne Braid 51 You Hear May Be Your Furnace! 22 Awards 51 Michael Geller Editor’s 23 Green Building Policies Set to Catalyze Construction Innovation and Create $3.3 Billion in Business Opportunities 24 Fiona Famulak Floating Village on the Fraser River 26 David Bruce, Barrie Barrington Building Better Communities, One Grant at a Time Green and Sustainable Building Practices in BC 28 Marissa Evans The Board of Governors 52 “Greenstreaming” of Factory-Built Housing 30 The BC Notary Foundation Gordon Rattray Joins over 50 Partners in the Access Energy Use and Savings in Strata Homes 33 to Justice BC’s Triple Aim Initiative 53 Tony Gioventu SPOTLIGHT ON GOOD WORKS Tiny Homes: The Cube 36 The Bella Coola Legal Advocacy Program 54 Ian Kent, Joie Alvaro BC Notaries Association Volume 28 Number 2 Summer 2019 4
THE MiX BRITISH COLUMBIA LAW INSTITUTE Employment Standards Act Update Report 56 Published by Greg Blue BC Notaries Association SURVEYING IN BRITISH COLUMBIA in British Columbia Beyond the Measurement 58 Shauna C. Goertzen, BCLS, CLS Editor-in-Chief Val Wilson 2019 BC LAND SUMMIT Interim CEO G. W. Wayne Braid 2019 BC Land Summit 60 Christina Bhalla Administrative MEDIATION Assistant Christina Tang How to Build and Scale Conflict-Competency Courier Lightspeed Courier & Logistics in Your Small Business 62 Ben Ziegler Photographer Wildman Photography TRAVEL INSURANCE Alert re. Travel Insurance 64 Ian Callaway The Scrivener WILLS AND ESTATES email: scrivener@society.notaries.bc.ca Powers of Attorney 66 website: www.notaries.bc.ca/scrivener Trevor Todd BC Notaries Speak Your Language 69 TAXES The Society of Notaries Public of BC Taxes on Real Estate Properties 70 604 681-4516 Andréa Agnoloni PRIVATE RECIPE Send photographs to Mexican Caprese Salad for 2 72 scrivener@society.notaries.bc.ca Eileen Hoeter PERSONAL DEVELOPMENT All rights reserved. Contents may not be 3 Surefire Ways to Boost Your Confidence reprinted or reproduced without written (without Being Arrogant) 73 permission from the publisher. Carla Rieger This journal is a forum for discussion, NOMENCLATURE not a medium of official pronouncement. When in Doubt about a Person’s Name The Society does not, in any sense, endorse or How to Formally Write It Down, Ask! 74 or accept responsibility for opinions Peter Zablud expressed by contributors. TECHNOLOGY Summer Tech 76 Akash Sablok HONOURS AND EVENTS PEOPLE 78 Where in the World Has The Scrivener Been? 78 CANADA POST: PUBLICATIONS MAIL AGREEMENT No. 40010827 The Scrivener: What’s in a Name? Postage Paid at Vancouver, BC “A professional penman, a copyist, a scribe . . . a Notary.” Thus the RETURN UNDELIVERABLE CANADIAN Oxford English Dictionary describes a Scrivener, the craftsman charged ADDRESSES TO CIRCULATION DEPT. with ensuring that the written affairs of others flow smoothly, seamlessly, and accurately. Where a Scrivener must record the files accurately, THE SOCIETY OF NOTARIES it’s the Notary whose Seal is bond. PUBLIC OF BC We chose The Scrivener as the name of our magazine to celebrate the BOX 44 Notary’s role in drafting, communicating, authenticating, and getting the SUITE 700 – 625 HOWE STREET facts straight. We strive to publish articles about points of law and the Notary VANCOUVER, BC V6C 2T6 profession for the education and enjoyment of our members, our allied SCRIVENER@SOCIETY.NOTARIES.BC.CA professionals in business, and the public in British Columbia. Volume 28 Number 2 Summer 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 5
PRESIDENT, THE SOCIETY OF NOTARIES PUBLIC Rhoda Witherly OF BC Photo credit: www.lonniewishart.com Thoughts on “Being Green” S ©iStockphoto.com/wichatsurin esame Street is a great What I have learned from my me in the neighbouring community renovation project is that new is not of Terrace, seventeen tiny homes are TV program that teaches necessarily better or less green but now located in Bluegrass Meadows adults and kids many some things may be. You really need Micro Village. Similar projects are being to do your research. There are so considered in a number of communities lessons about life and living. many new products and innovations around the province. They are new in construction . . . in insulation, homes but are literally “tiny” and so Kermit the Frog liked to sing materials, wiring, and lighting . . . have a much smaller carbon footprint It’s not easy being green. He really was that can affect your carbon footprint. in their construction and in the on to something. If you have tried to With a willing contractor and some community. They are a form of “going reduce your carbon footprint and “go work on your part, you can do a green” by reducing the resources green,” you know it’s no easy task and renovation/restoration project while and land required for housing. They everyone needs to participate. being historically accurate and challenge the conventional ideas of I speak from some experience. environmentally responsible. municipal zoning, space requirement, I have been renovating a 1913 house and building code rules. They also and have tried to reuse, refinish, and challenge us to adapt to the smaller recycle as I update the walls, floors The “green” emphasis living space. It may not be for everyone. . . . basically everything. There seems is everywhere. There are The “green” emphasis is to be a prevailing view in construction thousands of “green” everywhere. There are thousands of circles that new is faster, better, and more convenient. Unfortunately, there projects . . . some real, “green” projects . . . some real, some questionable, some absolute frauds. is a reason for that thought; rip and some questionable, Each of us needs to choose how replace is definitely easier . . . and some absolute frauds. often cheaper. we want to contribute. Our contribution Renovating and repurposing can be large or small. Among other Take the lumber you are replacing. things, I am trying to remember to Today’s measurements have shrunk; existing housing is not new. It is one way to provide housing while cutting take the cloth grocery bags from my the studs you are replacing are really car into the grocery store when I shop! 2" x 4" but the new 2 x 4 is slightly back on the resources used to develop smaller. The same is true for trims housing and maximize the use of On a more serious note, we all and flooring moldings, the list goes space. In some cities, it can be turning recognize our climate is changing on . . . Existing paint, lathe, and a warehouse into a loft project or and that our consumption is part of plaster all have their own unique set repurposing a decommissioned church the cause. We will also be part of the of questions. Restoration is a labour or using modular construction. solution. of love, ingenuity, and a flexible New “tiny” home” projects are There are lots of ways to building inspector! surfacing around the province. Near “go green.” The choice is yours. s BC Notaries Association Volume 28 Number 2 Summer 2019 6 TABLE OF CONTENTS
EXECUTIVE DIRECTOR, THE SOCIETY OF NOTARIES PUBLIC John Mayr OF BC www.wildmanphotography.com GREEN AND SUSTAINABLE BUILDING PRACTICES Sustainable by Whose Measure? ©iStockphoto.com/jotily B ritish Columbia is Just last month, the BC government The federal government has announced they were considering also just announced, for the second a province of plenty, changes to the building code to allow time, the approval of the Trans known for its natural for wood buildings of up to 12 storeys. Mountain Pipeline. We now face a barrage of advertisements from the resources. Province of Alberta that would appear …“change that creates to be attempting to influence the With its resource-driven economy, BC has generally performed well evolution is better than antipipeline sentiment of some British in comparison to other Canadian change that created Columbians. provinces. There are those who believe revolution.” I think I am probably like many that BC should reduce the export of others; I am concerned about the raw resources, and manufacture or There are many factors to take into environment and climate change just otherwise add value here at home. consideration; scientific advancements as I am concerned that those trains A good example of this initiative have resulted in wood products that that trundle through my community is UBC’s Brock Commons, a student are well suited to taller buildings. may be carrying highly flammable residence that is a combination materials. concrete, steel, and wood building. Wood is a local natural resource. On its completion in 2017, Brock Wood stores rather than emits carbon I don’t know that one method Commons was considered to be the into the atmosphere. It is estimated of transport is better than the other, Photo credit https://vancouver.housing.ubc.ca/residences/brock-commons/ tallest wood building in the world at that the reduction in carbon from particularly when, if I understand the 53 metres. building the Brock Commons with information from the National Energy wood was equivalent to taking about Board, the product is for export and 500 automobiles off the road. Brock not local markets. For me, there’s too Commons is a great example of much conflicting information. I might innovation and scientific advancement even categorize it as fake news. leading to positive regulatory change. The principles of building To be truly sustainable, we need practices that are green and to look at all aspects of the supply sustainable should encompass all chain. The Pine Beetle epidemic has of society and, as a society, and it caused incredible damage to BC’s would appear we are running out forests. Those dead and dry trees now of time. There’s an adage that goes exacerbate the forest fire risk. Already something like “change that creates UBC’s Brock Commons this year, we have seen massive fires www.naturallywood.com/emerging-trends/ evolution is better than change that in Alberta and predictions are that it created revolution.” tall-wood/brock-commons-tallwood-house will be a bad fire season in BC. It is At that time, the National Building not that climate change will affect our Let’s consider the environmental Code limited wooden structures to future; it’s a fact that climate change future we want for the generations 4 storeys and the BC code to 6. is affecting us now. to follow us. s Volume 28 Number 2 Summer 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 7
PRESIDENT, BC NOTARIES ASSOCIATION Daniel Boisvert www.wildmanphotography.com The BC Notaries Association Update T ©iStockphoto.com/jenifoto he past few months have the Honourable David Eby, Attorney We have begun General. Both meetings had a very discussing the process been very busy indeed positive outcome with David Eby of bringing in a new at the Association. asking us to submit a formal proposal. CEO. Until that happens, I am pleased It began on April 9 when to remind everyone representatives from the Association We have begun discussing that Wayne Braid has went to Victoria to meet with the the process of bringing in a offered to assist in the Ministry of Finance to further interim until a permanent replacement discus our exemption under the new CEO. Until that happens, can be found. Thank you, Wayne! Mortgage Brokers Act. The Ministry I am pleased to remind In June, Rimpy Sadhra spoke to acknowledged that changes need to be everyone that Wayne Braid the BC Government’s Select Standing made in many areas and that a total re-write is likely to occur soon. The has offered to assist in the Committee on Finance and advocated for changes to the Mortgage Brokers Ministry advised us that we would be interim until a permanent Act, to give us the same exemption part of that conversation once they replacement can be found. lawyers enjoy, and for enhancements begin working on modernizing the Act. Thank you, Wayne! to our scope of practice. On May 7, the Association The BC Notaries Association now was back in Victoria hosting a lunch has about 95 per cent of all Notaries for about 50 MLAs to discuss Sadly, at the end of May I accepted in the province as members and we enhancements to our scope of practice the resignation of Jacqui Mendes. I wish continue moving toward the 100 per under the Notaries Act. I was privileged to thank Jacqui for her tireless efforts to cent mark. to speak at the luncheon and to make get the Association up and running and our case as to why the public would to enhance many of the relationships We are building our own website greatly benefit from expanded scope with partner associations such as and working to create and establish of practice for BC Notaries. the British Columbia Real Estate official branding for the Association. Specifically, I asked for three areas Association (BCREA), the Canadian I look forward to seeing each of expansion: Trust Wills for those Mortgage Brokers of you at the September Fall over 19, probate applications, and Association of British Conference where the membership incorporations. The lunch presentation Columbia (CMBA-BC), will hold its inaugural AGM and was well received. Later in the day, we and the Real Estate elect the new Board of Directors. were able to meet with the Honourable Institute of British If you are interested in running, please Andrew Wilkinson, leader of the Columbia (REIBC). You contact Wayne Braid. official opposition and separately with will be missed, Jacqui. gwb@society.notaries.bc.ca BC Notaries Association Volume 28 Number 2 Summer 2019 8 TABLE OF CONTENTS
INTERIM CEO, BC NOTARIES ASSOCIATION Wayne Braid www.wildmanphotography.com We Might be Related . . . I grew up not knowing DNA matched another person in their be available to us as well. In many data base. I was notified that other situations like ours, the illegitimate who my birth father was. person had also signed the privacy/ child or children are not known to authorization agreements; we would be the rest of family but when the father When my mother was a high able to connect and view each other’s dies, his Will simply may state that school student, she had an encounter family backgrounds. everything is left to his children—and with an older man visiting her small The process revealed I had a that means the “secret” offspring may town and, 9 months later, I entered half-sister through DNA from the have a claim. the world! father and she lived in Vancouver! We Nicola Marchant, a Wills dispute My mother passed away in 2001 expert in the UK, says the law is quickly met up and compared stories. and never shared details about my simple. If a Will says, “I want to My sister Sue was born in Toronto in birth father. I was born in a small town leave it to my children,” anyone who 1950 and raised without knowing who in Saskatchewan in July 1948; I can can prove he or she is a child of that her birth father was; her mother had imagine how difficult that was for my parent will have a claim on the estate. never shared any information with her. mother and her parents and family I have recently read of a case in Before Sue’s mother passed away, she members. There was discrimination England where a wealthy businessman told Sue the man’s name and that he against out-of-wedlock children and passed away and a man claiming to had said he could not marry her or mothers in those years! be his illegitimate son was able to get provide for the child, so she moved My mother met and married my to British Columbia. a Court order to obtain DNA from the stepdad John Braid 2 years following body. Sure enough, a comparison of my birth and John took me on as his his DNA proved the deceased was own. They would have a daughter The process revealed indeed his birth father and the man together, my sister Elaine. I had a half-sister… inherited the very large estate. While that story has an interesting I didn’t know John wasn’t my birth It is quite interesting and exciting and profitable ending, particularly for father until I was well into my 20s. to discover a sister at age 70! the newly rich child, for BC Notaries When I discovered the family secret, preparing Wills for their clients it I asked a few questions but my mother I understand that Ancestry.ca, opens up an entirely new twist to was never going to discuss the subject 23andMe, and others like My Heritage human relationships and how as with me. John shared the little bit he have over 10 million records in their a community we deal with past knew . . . the man was a salesman data bases. You can now have your DNA relationships and either unknown or from Ontario, training his bird dogs in analyzed for reasonable cost (I paid forgotten intimate connections. the wheat fields that surrounded our $129 for the 23andMe DNA test). The Saskatchewan town. test provides a breakdown of your global When discussing estate planning ancestry, compares your DNA with with our clients, we Notaries In the last 15 years, I have may be well advised to ask the started to wonder more and more others in their database, and alerts you to relatives who are also subscribers. “uncomfortable” question or to make about my genes and family medical sure we ask our clients to name the history. Had I inherited a certain Today, many individuals are specific children who are to inherit. cancer gene or early onset dementia conducting those tests and looking for The companies that offer DNA or cardiovascular issues? family information. What might happen services are expanding and growing In January of this year, in the future as our connections come every day as society scrambles to know I purchased the DNA kit and the together with unknown brothers and where we came from, to prove where services of 23andMe, sending it off sisters and parents and other relatives? we came from, and to know our global with my expectations of what I would My sister Susan and I would human heritage and history. discover. A couple of months later, be considered illegitimate children If you try It and find we are I received my report that indicated my and our birth father’s estate could related, let me know! s Volume 28 Number 2 Summer 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 9
KEYNOTE Val Wilson Editor-in-Chief www.wildmanphotography.com Ideas for Going Green I deas from the theme Recipe for Rich Compost Tea We trust that this issue From Arlene: “This recipe for of this issue, “Green and of the magazine will serve Compost Tea was given to me many Sustainable Building to educate and inspire you! years ago by two elderly ladies in Practices,” may be in your near North Vancouver. They had the most spectacular garden with oodles of or distant future, but here are Brown and Sustainable blooms and glorious veggies. They fed From Jean: “Bark nuggets look so their garden homemade ‘compost tea.’ some things you can do right West Coast! There’s no lawn, no “Using lots of water and a now to help our planet. energy-using/polluting lawn mover, dedicated blender, I emulsify and no weeding, fertilizing, or raking Beautiful and Edible vegetable peelings, peels, and rinds, necessary. In the Fall, the huge Bigleaf then venture to the garden to pour From North Vancouver landscape Maple leaves turn brown, descend onto the compost tea around my shrubs, architect Yong, “I decided to grow the nuggets, and gradually disintegrate flower beds, and most-prized raspberry a nontraditional vegetable garden by the following late Summer . . . canes. The effort is well worth the with ornamental plants and vegetables when thousands more leaves start the reward received from incredible fresh next to each other. It took a week process all over again!” vegetables and flowers . . . and there’s to strip the yard of glacial till, moss, no smelly compost hanging around or and chafer beetle-damaged lawn frozen organic scraps to haul to the and replace it with rich garden soil. curb in a green can.” We save $1000 a year on herbs and vegetables and love sharing our We trust that this issue of the organic produce with our neighbours. magazine will serve to educate and The garden has become a local inspire you! s attraction. People often stop to gaze at it, trying to identify the many plants it contains and to tell me how much they enjoy it!” Yong’s garden in the Spring West Coast natural Arlene’s compost-tea garden BC Notaries Association Volume 28 Number 2 Summer 2019 10 TABLE OF CONTENTS
COVER STORY Renaissance Man www.wildmanphotography.com M ichael Geller is a Vancouver-based architect, planner, real estate consultant, and property developer with 4 decades’ experience in the public, private, and institutional sectors. He serves on the Adjunct Faculty of Simon Fraser University, is a regular contributor to the Vancouver Courier and Vancouver Sun, and a frequent commentator on urban issues across Canada. He is President of The Geller Group that specializes in planning and real estate consulting for a variety of large- and small-scale residential and mixed-use projects. He also undertakes small property developments on his own or in partnership with others. Michael has been honoured as a Fellow of the Canadian Institute of Planners and is a Life Member of the Architectural Institute of BC. was the beginning of my interest homeless around Vancouver and the This interview in conversation with in designing and building houses. province. Val Wilson was recorded n June 2019. The Scrivener: What university After a brief stint with a private The Scrivener: What did you attend? architectural firm in Toronto, I joined took you to study CMHC where I subsequently spent Michael: The University of Toronto. 10 years in Ottawa, Vancouver, and architecture? Following my 4th year, I won a Toronto. Michael: In Canada, CMHC Travelling Scholarship and young boys and girls toured across America, looking at The Scrivener: Please tell us about played with mini modular housing and mobile home your experience with CMHC. Val Wilson bricks to build houses. communities. As a result, I did my Michael: I often tell people that if In England, it was a system called thesis on relocatable modular housing you want to be successful in planning Bayco. My parents bought me a set that ultimately led to the modular and development, you have to work when I was 4 years old, and that housing that is now being built for the for both government and the private Volume 28 Number 2 Summer 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 11
sector. At CMHC in Ottawa, I was Michael: Yes. Frank Stanzl and Hans underway, my boss asked me to move working on a publication on design Haebler were two builders who became to Toronto. I didn’t want to leave for the physically disabled. In February developers since local developers also Vancouver so initially commuted 1973, I was invited to Vancouver to questioned the viability of building between Vancouver and Toronto advise on the design of a house in homes on former industrial waterfront for an entire Summer. In the end, Surrey for a homebuilder who had lands. How things have changed. my girlfriend and I decided to move become disabled through an accident. to Toronto. In Ottawa in February, everything was white; in Vancouver, everything It was very innovative . . . There I helped get the was green. I thought why wouldn’t one third low, one third St. Lawrence development going everybody want to live here? and worked on the planning for middle, one third higher Harbourfront. Bill Teron, a friend It took me about 6 months to incomes. of Pierre Trudeau, was President arrange for CMHC to transfer me here of CMHC. Anybody from Ottawa as the assistant architect-planner. knows that name because he created At the time, the City of Vancouver The Scrivener: That project combined a town called Kanata that most was planning the redevelopment of residences for low, middle, and higher- people think is an aboriginal name but the South Shore of False Creek into income people. it’s “Canada” with a “T” for Teron. a new housing community. Most of Michael: It was very innovative . . . Bill had a Donald Trump-type of the people at CMHC were convinced one third low, one third middle, one personality. We undertook innovative it would be a failure and didn’t third higher incomes. The project also and experimental developments across want to have anything to do with it. included condominiums on leased Canada. It was a great experience. They saw it as a non-career-enhancing land that had never been done before move. I thought it would succeed and in Canada. Watching that community The Scrivener: How long were you became CMHC’s project manager for develop over the years convinced me in Toronto that time? South Shore False Creek. This position you can do almost anything if you Michael: For 2 years, then I moved changed my life. persist and persevere. back to Ottawa for 2 years. At the The Scrivener: Was that the The False Creek project was end of ’80, I came back to Vancouver development Frank Stanzl built? my big break because once it got to join Narod Developments. Our commitment starts with building a strong relationship People who know, know BDO.SM Vancouver | Langley | Whistler | Whitehorse | Victoria Suky Cheema, Partner Kristine Simpson, Partner 604-443-4744 604-443-4735 scheema@bdo.ca ksimpson@bdo.ca Assurance | Accounting | Tax | Advisory www.bdo.ca BC Notaries Association Volume 28 Number 2 Summer 2019 12 TABLE OF CONTENTS
The Scrivener: Narod built Laura Lynn in North Vancouver . . . townhomes with an equestrian centre! Michael: Yes, they developed Laura Lynn, other housing projects around the region, and some office buildings downtown. In 1981 and 1982, developers were flying high. But by 1983, interest rates were in the 19 per cent range. Many development companies were facing serious financial difficulty and were forced into receivership. On March 9, the Queen came to Vancouver to open BC Place. I have a newspaper clipping that says the Queen arrives and Narod goes into receivership owing $200 million. While others were at BC Place or in Hawaii playing golf, I was the only one in the Geller Properties’ once-controversial Hollyburn Mews development office when the receivers came in and has now become the model for sensitive infill in West Vancouver. ended up being set up in business by In subsequent years, I became the receivers as a real estate consultant. But by 1983, interest rates were involved in a number of large-scale The Scrivener: How so? in the 19 per cent range. waterfront redevelopments in the Vancouver area, including the rezoning Michael: They needed someone to of 92 acres of BC Packers’ land on the finish off a couple of the Narod projects was a role for someone who understood waterfront in Steveston including a housing development in development but wasn’t really a False Creek and redevelopment of the developer. I worked for many years The Scrivener: It’s a lovely spot. One Steveston waterfront. I discovered there as a consultant in that capacity. of our BC Notaries has an office there. Bayshore offers a mix on condominiums and rental housing, along with parks and childcare, in close proximity to the renovated Bayshore Hotel. Volume 28 Number 2 Summer 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 13
Heritage Revitalization projects not only protect heritage houses, they can result in alternative housing choices in a neighbourhood. Michael: It took decades before people project. I had been appointed by the really appreciated the Steveston design. With the exception of the NDP government to be project manager Years later, the Aoki Corporation out dip in 2008 and 2009, for the Convention Centre expansion. of Japan bought all the Westin hotels, I very much enjoyed working with including the Westin Bayshore. I was many younger people have Glen Clark. Somebody could write hired by Mr. Aoki who thought the never seen prices drop a book about the Convention Centre Bayshore parking lot had to be the dramatically. expansion. It eventually got going when nicest parking lot in the world and the Olympics were confirmed to be wondered why was it just sitting there. held in Vancouver. Ultimately, that’s what happened. From 1989, I spent the next 10 years The Scrivener: I partnered with Joe Segal, a very developing the Bayshore community. When was the knowledgeable man; that was my One of the challenges involved first development on my own . . . Convention Centre built? Trader Vic’s restaurant. We all loved a high-rise in Point Grey. It was the first Michael: I worked on it, but it was located on a site that high-rise in the neighbourhood in 40 it between 1995 and the City of Vancouver wanted to be years and the last high-rise for the next 1998. Larry Beasley, a park. I didn’t want to see a front 30 years. It is next to the Jericho lands Val Wilson the City’s co-director page photo in the Vancouver Sun that are about to be developed by various of planning, was the city’s project of Trader Vic’s under the wrecking levels of government and First Nations. manager and I was the provincial ball so I recommended to my client I often tell younger people in the government’s project manager. When that we offer it for $1 to anyone who development industry that I had the I started, the Convention Centre was would take it away so it would not be advantage of working for a company going to cost $100 million. It rose to knocked down. Someone did buy it. that went broke. With the exception $200 million and I believe in the end It’s now on one of the Gulf Islands of the dip in 2008 and 2009, many was over $400 million. or on the Sunshine Coast. younger people have never seen prices In 1999 I was offered a position In the 1980s I undertook an drop dramatically. We are seeing it at Simon Fraser University. The evaluation of a piece of property for now, although it is by no means as university had a lot of land around the BCED, formerly Daon. They told me bad as the period from 1981 to 1985. campus and for years had talked about I had overvalued the site. I mentioned Over the next few years, I had creating a whole community. In part that if I had the money, I would buy it. carried out some developments for because of my involvement with a My client said,“Why don’t you get the myself and had managed quite a few number of other new communities, I was money and we will sell you the site!.” developments like the Bayshore offered the position as the first president BC Notaries Association Volume 28 Number 2 Summer 2019 14 TABLE OF CONTENTS
I subsequently undertook another project in Kerrisdale. Richard Henriquez, a very close friend, was planning the redevelopment of a gas station site at Larch and West 41st. One day he said to me, “You should develop this with me and eventually I developed quite a nice building at the edge of Kerrisdale Village overlooking Elm Park—Elm Park Place. I say this with a mixture of embarrassment and pride but at a time when many were criticizing developers, I was nominated by the strata council for an “Ethics and Action” award. The Scrivener: Congratulations! Michael: So often developers are wrongly viewed in a most pejorative SFU UniverCity view from president’s residence along UniverCity Crescent way. I think the development of the Burnaby Mountain Community community makes a huge contribution. Corporation that subsequently became I think it’s a shame My path has crossed with developer the SFU Community Trust, but that David Podmore, retired CEO of Concert we don’t have more Properties, who has received a lot of meant winding up my business. planners and architects awards. He is another person who is The Scrivener: What involvement did a planner by background. I think it’s you have with the original architect going into development; a shame we don’t have more planners of the SFU campus, Arthur Erickson? too many people have and architects going into development; Michael: Arthur was very much backgrounds in either too many people have backgrounds opposed to what I was doing. law or finance. in either law or finance. He had visions that I was going to The Scrivener: Is more development create a Coquitlam suburb on Burnaby being done by the City? CMHC. She said I should be building Mountain. I had a different kind of housing for the Jewish community Michael: What has happened in recent community in mind, a lot friendlier in Vancouver and the perfect place years is that the City has recognized and not all concrete. We called it was the parking lot of the Jewish that when developers rezone land and “UniverCity,” with a “C.” It has become Community Centre. I approached create value, they are also creating a really successful community. them but they weren’t ready to make costs for the municipality because It incorporated many of the ideas it available, so she encouraged me of the need for services for all the I had learned through my career. to find another site. new people. So now municipalities are For example, when I assisted with the charging what they call Community planning of Granville Island, CMHC I told her I didn’t have the money Amenity Contributions to share in would not allow any chain stores. to buy another property so she land value increases. So if a piece of Every store had to be individual. arranged a party at her Point Grey property goes up $10 million in value, I applied that idea to UniverCity. home designed by Arthur Erickson and invited a a number of well-to- The Scrivener: Are chain stores do people to meet me and lend me permitted now? the money to buy property on Oak Michael: There’s now a Subway Street. I eventually rezoned four lots up there. (LAUGHTER) for a 3-storey apartment building at West 42nd and Oak. It was very Life is serendipitous. One day controversial at the time. I attended the wedding of the daughter of a cardiologist with whom my Today, there are apartments and wife worked. We were seated next townhouses all down Oak Street and to a gerontologist at the Louis Brier other arterials. My father moved in since Home and Hospital, the Jewish home my mother had passed away and lived for the aged; I talked to her a little there till age 92. The reason he lived to The Cornerstone Building at UniverCity bit about my experience in building 92? He was the only unattached male offers distinct local retailers housing for seniors when I worked for in the entire building! (LAUGHTER) and innovative apartment designs. Volume 28 Number 2 Summer 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 15
With its circular balconies and distinctive form, Geller Properties’ Elm Park Place is one of Kerrisdale’s West Vancouver’s Vinson House development most desirable apartment buildings. includes one of the District’s few legal coach houses. the city wants $7 million or $8 million an additional suite below plus two infill of that value increase as a contribution; It’s very helpful when units, all in one large lot, and sold that is becoming the norm. you can see all the different as a small strata development. The Scrivener: So a developer isn’t points of view. The Scrivener: Lack of good judgment going to reap such huge profits. and lack of experience in running a Michael: That’s right. Developers and new infill housing. We took strata council can have a huge effect have to be absolutely certain they are the cover shot at one today; I have on life in a strata. going to make money on the homes another one under construction in because they won’t be making money West Vancouver that is scheduled Michael: Yes, I have developed on what we call “the land lift” or the to be finished in August, which a number of stratas. The Bayshore value of the re-zoned land the way means it will hopefully be finished development was strata; Vancouver’s they used to. in September. Both may be a bit too former mayor Art Phillips and innovative for the market. his wife Carole Taylor lived there. Now the problem of course is Art was President of the strata; that land doesn’t always go up. The Scrivener: How are they innovative? you can imagine how well it was run The Scrivener: I note that these days Michael: Both projects involve the . . . much better than people could you are writing for the Vancouver conservation of a heritage house with run their own households. Courier. Michael: Yes. This week I am criticizing a development being proposed next to a hospice on Granville Street. I am not opposed to higher-density housing on Granville Street as I have built higher density developments on Oak Street and West 41st, but I am opposed to that particular development next to the hospice. There are so many other locations where it could be built. The Scrivener: The construction would be so disruptive to the residents. Michael: Yes. It’s very helpful when you can see all the different points of view. The last two projects with which I have been involved have also been somewhat controversial. They both The Vinson House Residences, developed in partnership with Trasolini Chetner, involved retention of heritage buildings combine a heritage house with two infill homes. BC Notaries Association Volume 28 Number 2 Summer 2019 16 TABLE OF CONTENTS
Hollyburn Mews is a project As it turned out, the residents needed it I undertook in West Van a few years for the sun. The development next to us ago. It comprises nine homes in had electric baseboard heating. a self-managed strata. A company The Scrivener: assists with all the bookkeeping That is a very and the residents get along famously; expensive way to heat. they love living there. Michael: Over Over the years I have been very the years, I have interested in building homes like undertaken a number this for people ready to rightsize or Val Wilson of developments, downsize . . . but not downgrade. generally for people downsizing. The Scrivener: Mercedes-Benz finally In part that goes back to my days brought in the “E” series, with the at CMHC when we built a lot of Geller’s projects often feature amenities of the “S Class.” Smaller seniors’ housing through nonprofit large porches and communal spaces but not lacking in amenities. organizations . . . it was the only to encourage neighbourliness. Michael: That’s an excellent example housing being designed with lever new hybrid forms of seniors housing of the concept. door handles, wider doorways, and including assisted living, congregate Smaller, but with all the features accommodation for a live-in caretaker. housing, and other developments that of a larger home. I was amazed when I remember talking to developers, allow seniors to age in place. I worked on the Bayshore community. including Michael Audain of Polygon, to I was always interested in energy The Scrivener: Your career experiences say there’s a major opportunity out there have built on each other. efficiency. At the Bayshore, we included to build market condominiums and sophisticated heat pumps in every unit; rentals for seniors because nobody was Michael: They have and they have kept it was one of the first developments doing it. Polygon was one of the first. me interested. When I was working in Vancouver with air conditioning. at SFU, I used to pick up student I thought if you live on Georgia Street, The Scrivener: What about now? hitchhikers at the bottom of the you might want air conditioning if only Michael: Now we have not only mountain. That was how I gathered my to block out the noise of the traffic. Scrivener half page_culture.pdf 1 2019-03-11 9:23:38 AM seniors’ condominiums but many intelligence for the project. ENJOY THE CERTAINTY THAT YOU HAVE MADE A GOOD DECISION. What will your legacy be? You can guide the future of your community and the causes you care about C by making a legacy gift to the Victoria Foundation. M Our endowment fund is one of this community’s Y greatest strengths, allowing us to manage CM charitable gifts and bequests in perpetuity. MY CY We continually build the fund and invest in our CMY community — granting annually to a broad range of charitable organizations and worthy causes. If community matters to you, the Victoria Foundation K is where you can make your priorities known. Please contact Sara Neely at 250.381.5532 or sneely@victoriafoundation.bc.ca for more information. victoriafoundation.ca Volume 28 Number 2 Summer 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 17
One group of students said, “We think what you’re doing is That evening I was thinking terrible. You’re just building condos . . . why couldn’t we have for the rich. People like us will never be able to live there.” the equivalent of a basement While we were not building any suite in an apartment? student housing, we were building housing that could be used by Since SFU was leasing the land, students. I asked where they lived. I suggested we reduce the price “We live in a basement suite of the land for staff and faculty at the bottom of Burnaby Mountain.” housing. We also decided to leave out more expensive features like granite I said, “Well we can’t build counter-tops to bring the price down. basement suites, we don’t have any We were able to reduce the price houses in the community; they’re all 20 to 25 per cent. townhouses and apartments.” But we didn’t want the people who That evening I was thinking . . . bought them to get a windfall when why couldn’t we have the equivalent they sold so we wrote into the lease of a basement suite in an apartment? agreement that when they sold the In other words, design a three- home, they had to sell it for 25 per cent bedroom apartment so you can rent below the then-market value. out the third bedroom and get an income, a mortgage helper . . . while We partnered with Vancity share our also creating rental opportunities? To accomplish that, all we needed Enterprises. The development was called Verdant and provided ownership and rental units that the University owned. Commitment was another door from the bedroom to the corridor and a small kitchenette. The Scrivener: And a washroom. Given Vancity’s values, they wanted the development to be a model of sustainable development incorporating Michael: The bedroom was probably geothermal energy and so on. The Animal Welfare Foundation going to have a washroom anyway, of Canada aims to improve the But I said we’re trying to bring because most master bedrooms lives of animals by allocating down the price of housing. Those in apartments are now ensuite. donor funds to worthy animal features could add $15,000 to the I went to the City of Burnaby to welfare charities conducting price of each unit. Vancity responded seek approval for those “lock-off innovative educational, research that those energy features would save suites,” not dissimilar to what you and public outreach initiatives. money over the long term. see in Whistler and other resort communities. I therefore proposed to Vancity You can share in this commitment that we would not increase the price through a donation or bequest to The planner at the City of of the units. Instead, we agreed on AWFC. To learn more, please visit Burnaby was open-minded. He asked, a loan that could be secured by a www.awfc.ca. “How small are they going to be?” second mortgage to pay for the special I said, “Let’s work it out together.” environmental features. Using the We determined that 260 square energy cost-savings, the strata would feet would give just enough room pay off that loan through its monthly for a bed, a desk, a little eating fees. To the best of my knowledge, area, kitchenette, and bathroom. it’s still working. The planner agreed we would change The Scrivener: That was very clever! the SFU zoning to allow up to AWFC 50 per cent of the homes near the Michael: Again, it’s being willing to take THE ANIMAL WELFARE FOUNDATION OF CANADA ANIMAL WELFARE FONDATION FOUNDATION DU BIEN-ÊTRE OF ANIMAL DU CANADA CANADA university to have those lock-off suites. some chances and do things differently. Mortgage helpers in the sky! I get a lot of enjoyment out of that. Suite 643, 280 Nelson St. Vancouver, BC V6B 2E2 www.awfc.ca Another idea was some below- In another project, we wanted market faculty and staff housing, to build some rental housing right at the especially for those coming from cities beginning. We also wanted to have some Charitable registration number 11878-7290-RR0001 like St. Louis where a professor might stores in place when the first residents sell his house for $250,000 and not moved in, especially a small general be able to afford to buy to Vancouver. store. I showed the plans to my Board. BC Notaries Association Volume 28 Number 2 Summer 2019 18 TABLE OF CONTENTS
One of my Board members worried I get so much for my whole life The Scrivener: Do you purchase that people might not be able to afford from Edward de Bono. the room? to rent the one-bedroom units. Michael: No, you rent it. Some We’ve talked about modular I came up with a solution based housing for the homeless on vacant developers are starting co-living projects on an experience when I first moved land . . . flexible housing. Another for people with families with children. to Ottawa. I shared an apartment idea that interests me is sharing. They call it KIN. Another idea I heard with a law student. He slept in the Most people don’t want to share but at the symposium is converting an bedroom and I slept in the livingroom. at Narod, we built a “co-mingling” apartment into a co-living arrangement. The reason I could sleep in the development. The idea was to design The Scrivener: Please tell us about that. livingroom was because it had a door. a two-bedroom apartment for two Michael: You use “pressure walls” . . . In virtually every one-bedroom unrelated people or perhaps a brother similar to the partitions often used in apartment being built in Vancouver and sister or a parent and child an office building. You can literally put today, the livingroom and kitchen are where each could have his or her in a pressure wall to divide a bedroom all one big space. But as soon as you own separate ensuite bedroom and into two bedrooms or a livingroom into add a door to the livingroom, a person a shared living area. two or three spaces. can go from the bedroom to the bathroom or kitchen without disturbing The Scrivener: That’s so simple! How do you meet all the codes? the person in the livingroom. In New York, they have a regulation that Michael: Now people ask me about says every bedroom must have access Again, it was a simple little thing the next big ideas. At the New York to natural light and every person has . . . a case of bringing life experiences symposium last week, one of the to have a minimum of 80 square feet. to situations to come up with a most fascinating presentations was creative solution. on co-living. We often talk about Here’s another idea. I have been cohousing in Vancouver; generally interested in the concept of home- The Scrivener: Through a combination speaking, cohousing is thought of as sharing, where two seniors might of practicality and courtesy, you a hybrid between a condominium and live together or a senior invites a produced privacy; you made it work cooperative where people have their young student to move in. It got me physically. own apartment, but with a higher level thinking. On the street where I live, Michael: The only issue was who got of services and amenity spaces. there are 37 houses and I would guess the balcony. I said whoever gets the 75 empty bedrooms. None of us is balcony can pay $10 a month more; The Scrivener: We ran an article about probably willing to make our bedrooms we designed it so the balcony was off that concept in the magazine last year. available, partially because we don’t the livingroom. Cohousing on Vancouver Island in the have to. But elsewhere in the city are I love trying different ideas. Summer 2018 issue. people with empty bedrooms who, if Some people say I think differently they could find the right tenant, would Michael: The seniors’ project in Sooke than many other people. It is partially rent out a bedroom for $800 a month. is a wonderful project. But in New because of my training as an architect York, co-living is not that. It is what In New York I came across and because my father introduced me I experienced in Pestalozzi College Nesterly.io, a program that connects to Edward de Bono when I was young. in 1972 when I joined CMHC where people from different generations The Scrivener: I attended one of his you have a furnished room and share to share. presentations. bathrooms and the living area. A lot There was a program on CBC’s Michael: Sadly most people have of people say there’s nothing new about The National that presented a care never heard of Edward de Bono. that. It’s what we did when we were facility in America where they had I was in New York last week at a young, sharing a house with others. four empty rooms and invited some housing symposium. On the second In America, companies such music students from the nearby day, we undertook a review of different as ollie.com and common.com are university to move in. They gave them ideas—such as modular housing and converting older buildings or developing free accommodation. In return, the co-living—and applied de Bono’s new buildings offering this type of students played music in the evenings Six Thinking Hats. accommodation. One new project in and on weekends. De Bono says you shouldn’t just California has 800 units. Someone said It makes perfectly good sense put on your thinking cap. You should it is like supportive housing for well- to do this kind of thing. wear many hats. For example, when to-do millennials. The reason people You just have to think wearing a yellow hat—yellow is sunny like it is there is a social environment differently! Hopefully and positive, say all the things that and you’re free. You can move in and this interview will inspire are good about the idea. Then put out very easily. Co-living is an idea that others to come up with on your black hat and think about I definitely think will come. It is all over new ideas to create all the things that are wrong with it. the United States’ major cities and more affordable and Michael And so on with the other hats. is starting in Toronto. sustainable housing. s Geller Volume 28 Number 2 Summer 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 19
ADVERTISING FEATURE West Vancouver’s Major Rush Mews offers an unprecedented opportunity for an extended family or group of friends to purchase all four homes on the large lot. Saving the Past for Future Generations Michael Geller A recent UBC study revealed that in the other zoning and subdivision relaxations in return for retention and conservation of the heritage structure. past 30 years, 26,700 detached houses— Over the past 4 years, the Geller Group has undertaken or 40 per cent of all Vancouver houses— two HRA developments in West Vancouver resulting in the have been demolished and replaced. conservation of significant heritage houses along with the creation of new, much-needed alternative housing choices. The study further estimates 32,000 detached houses The Vinson House, at 1425 Gordon Avenue, was built will be torn down in Vancouver by 2050, almost half the in 1913 for famed photographer Valient Vivian Vinson, detached-housing stock. an early Reeve of West Vancouver. It was the first home While many of the homes should be replaced, in the upper Hollyburn area and originally stood on a it will be a shame to lose others, especially fine Victorian 2-hectare lot. An excellent example of the Craftsman style, and Edwardian heritage and character houses and mid- the house has many decorative features and is a valuable century modern designs by the likes of Arthur Erickson link to West Vancouver’s early history. and Ron Thom. In 2014 the owner decided to sell but was concerned To retain our heritage and be more sustainable, the house would be demolished. She approached the District many Lower Mainland municipalities have developed planning department who approached me to see if I would heritage strategies and policies that encourage builders be interested in purchasing it, on the understanding it would and developers to conserve rather than demolish heritage be a suitable candidate for an HRA. buildings. After all, the most sustainable building is often Working with Formwerks Architectural, we prepared plans one that already exists. to move and raise the house and add a suite below, along A most effective tool has been the Heritage with two new detached homes and four garages on the lot. Revitalization Agreement (HRA), a legally Before the development was finished, the lower-level binding agreement registered on title and negotiated suite was sold. The three remaining homes, each offering between a municipality and the owner of a heritage three bedrooms in approximately 2500 square feet, are still property. An HRA usually offers additional density and for sale. As the market has dropped, so have the prices; BC Notaries Association Volume 28 Number 2 Summer 2019 20 TABLE OF CONTENTS
Services a BC Notary Can Provide Notarization/Documents Affidavits for All Documents required at a Public Registry within BC Certified True Copies of Documents Execution/Authentications of International Documents Notarizations/Attestations of Signatures Personal Property Security Agreements Statutory Declarations Personal Planning Estate Planning The Vinson House kitchen has been completely rebuilt with top-of- Health Care Declarations the-line appliances including Sub-Zero refrigerator and Wolf range. Powers of Attorney Representation Agreements they now range from just under $2 million to $2.5 million. Wills Preparation Listing agent is Patrick O’Donnell: 604-839-3863. Details Wills Searches can be found at www.vinsonhouseresidences.com or https:// www.residencity.com/r2373260-1425-gordon-avenue. Travel Authorization of Minor Child Travel A few blocks away, at the corner of Jefferson Avenue Letters of Invitation for Foreign Travel and 12th Street, is another treasured heritage house. Passport Application Documentation Known as the Rush House, after World War I veteran Major Proof of Identity for Travel Purposes Frederick Rush, it too was purchased by my firm and approved for an HRA. Business The resulting development, known as Major Rush Mews, Business Purchase/Sale offers a new single-level two-bedroom suite below the Commercial Leases and Assignment of Leases heritage house, two new four-bedroom detached houses, and Contracts and Agreements four garages. The homes range from 1400 to 2800 square Property Matters feet. Collectively, they offer the charm and neighbourliness Easements and Rights of Way of yesteryear with state-of-the-art design and features. Insurance Loss Declarations With four separate homes grouped around a shared Manufactured Home Transfers garden on one large lot, this development offers an Mortgage Refinancing Documentation unprecedented opportunity in West Vancouver for an Purchaser’s Side of Foreclosures extended family or a group of friends to live independently Refinancing within their own personal estate. Residential and Commercial Real Estate Transfers Restrictive Covenants Construction is well advanced at 1199 12th Street and Builder’s Liens at Jefferson Avenue and scheduled to be finished by Subdivisions and Statutory September. Marketing will begin shortly. Details can Building Schemes be found at www.majorrushmews.com or by calling Zoning Applications 778-997 9980 or emailing me at geller@sfu.ca. Marine While negotiating an HRA and restoring a heritage structure is oftentimes more difficult than demolishing Marine Bills of Sale and a house and rebuilding, the results can be much more Mortgages satisfying and attractive. Further, it is possible to retain Marine Protests the heritage character of a house while completely rebuilding Some BC Notaries provide these services. the inside to meet modern codes and new energy-efficient Marriage Licences mechanical, electrical, and security systems. Mediation As evidenced by Vinson House Residences and Major Real Estate Disclosure Statements Rush Mews, this planning approach can also create brand Over 390 BC Notaries to Serve You! new infill homes offering much-needed alternative housing choices in an established neighbourhood. For the BC Notary office nearest you, The result is a more sustainable development that please call 1-800-663-0343 retains the past for future generations. or visit www.notaries.bc.ca. Volume 28 Number 2 Summer 2019 The Scrivener | www.notaries.bc.ca/scrivener TABLE OF CONTENTS 21
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