Meeting Overview
The Committee of the Whole meeting addressed public safety, including a referral motion to postpone adoption of the Thetis Lake Park Cost Recovery Bylaw pending input from the CRD regarding enforcement and collection logistics. Council also discussed drafting a Public Art Policy and substantially reviewed proposed amendments to the Tree Protection Bylaw, agreeing to remove the building envelope exemption for tree removal and increasing cash-in-lieu amounts. Planning items included four development applications, one of which (221 Atkins Road) was strongly discouraged in its current three-lot configuration. New business included a motion to research municipal practices regarding mandatory heat pumps in new construction and an extensive discussion on the future commercial zoning vision for Eltham Road.
Key Decisions
- Refer the bylaw back to staff for consultation with the CRD and clarification on legal and enforcement issues.
- Recommend adoption of the Cost Recovery Bylaw.
- Mayor to write a letter to the Provincial Minister regarding court backlog and lack of accountability for offenders due to COVID-19 impacts.
- Refer the policy to the advisory committee for review and input.
- Staff to research mandatory heat pump installation policies in other municipalities.
Transcript
2409 segmentsSo I think we can probably call the meeting to order.
We are still missing Councillor Lemon, but I think should be along shortly.
We have in Councillor Chambers, Councillor Matson, Councillor Kowalewich, and myself, and Councillor Rogers is joining us remotely.
So I'd like to begin the meeting by recognizing the Lakwangan speaking people, known today as the Aspimalt Nation and Songhees Nation, and that their historic connections to these lands continue to this day.
This meeting is being held under the auspices of Ministerial Order M192 due to the COVID-19 pandemic and the public health officers' orders.
This afternoon and this evening, the public will be able to speak under the public participation portion of the agenda.
And the number that you call in will be on your screen.
But you call 778-402-9227, and when prompted, enter conference ID 486-396-440-pound.
At the appropriate time in the agenda, I will then announce the last four digits of your phone number, ask you to mute the live webcast to avoid feedback, ask you not to use speakerphone to ensure sound quality, and ask that you unmute yourself by pressing star six.
And if you can give us your name and address for the record, you'll then have the benefit of giving us your views.
If you're providing comments through the chat feature, again, we would ask that you provide your name and address, and that is open under public participation and question period.
And that does happen both this afternoon for the afternoon items and then this evening for the evening items.
This meeting will be recorded by participating in this webcast.
You are consenting to being recorded, and the recording will be available on the town's website for future access.
Thank you.
And um it's being suggested by our CAO that we might want to, you know, we'll see how time goes, but if time goes well, that we should tag tag on to our afternoon session the heat pump motion, the traffic motion, and the tree protection bylaw.
And Elton Road.
What about Elton Road?
Well, the note I'd requested to be put on in terms of having a discussion about the current zoning and what we wanted to see there.
Just a between council members.
Okay.
I don't, yeah.
I mean, we can put that on.
I'm not sure that staff have put it on.
No, I know it I'd ask that if we put on there, so that's what I'm asking.
Well, I mean, that probably should be actually stay on this evening's under under planning and development, I would think.
Yes.
Oh, so all the other ones.
Okay, I'm sorry.
Yeah.
The other ones you just said would go on earlier.
Got it.
It's the stress of seeing Jerry looking so forlorn over there.
Big smile.
Do you buy a house?
Since yesterday.
So if I can get a motion to approve the amended agenda.
So moved by Councillor Mattson, seconded by Councillor Lemon.
So moved.
Yeah.
All in favor?
Opposed?
That's carried.
And um yeah, so why don't we get through the items that are on the agenda and then we'll do deal with those three um possibly yeah in in the afternoon.
Okay, and so with that, where am I here?
We have the minutes from April 13th.
Move adoption.
Second.
Okay, adoption is moved and seconded.
Any comments, corrections?
No.
No.
So we do come right to public participation.
That's carried.
Um so if anyone is looking to call in, the number is on your screen at home.
Do we have any callers on the line, Stuff?
Your worship, at the moment we do not.
I think we'll just carry on if there's if there's no one there.
Is there anyone on the chat?
Oh no, we're not using the chat feature now, are we?
Nope, forget it.
Okay, so I'm gonna carry on and hand the chair over to Councillor Lemmon for Protective Services.
Thank you, your worship.
Um, no chair's report and no business arising.
Um inspector preston would you like to go first he's he's superintendent preston now superintendent preston yes congratulations thanks very much i appreciate it wow and first of all uh and well deserved uh thanks uh to all of you for your uh your support my my family and i are very very uh happy to to stay working uh in and for with you guys so thanks very much i was happy to write that letter of reference i appreciate it i wasn't much so i appreciate that.
So I'll give you a quick a quick rundown uh it's been kind of a chaotic day to be honest uh it started very early this morning uh at seven in the morning with domestics.
Who fights at seven in the morning, but uh apparently some people do.
So um I'll give you a a little rundown since uh uh April 12th uh to present.
Uh April 12th, we had a man exposing himself at the View Royal Elementary.
I think we talked about this one last time I was here actually.
This might have been right uh right on the cusp of last time.
Uh two young girls were on the property after the uh school hours, and a male entered the property across the field, approached the girls, and exposed himself.
The girls ran away.
We did a big media push, and that investigation is still ongoing.
April 17th, uh Thetis Lake Suk Road.
We had uh individuals uh fleeing from police vehicles reported suspicious.
OCC or uh telecoms determined that it was uh determined stolen from Langford.
It was followed to Thetis Lake, uh the parking lot where two members were there uh on an unrelated matter, and uh they fled from from those members in an attempt to stop it.
That investigation is still under investigation as well.
April 18th on the 300 block of Six Mile Road, mischief by pickaxe.
We had a male reported to be yelling and causing a disturbance.
He was walking down the road, smashing road signs and poles with a pickaxe.
Members arrived and arrested the male who was known to police and as a Victoria Street person.
He had damaged two vehicles, stole clothing out of one, climbed on, jumped on top of a tonneau cover on another vehicle, all because he was angry.
Um, no other reason, apparently.
Uh, he was arrested and uh charged and placed on conditions not to come back to uh to be royal.
Uh April 13th, uh Thetis Lake.
There was a uh a rash uh actually uh Thetis Vale area, Chilco uh Hagison and uh Bamford.
In that area, there was a rash of theft from vehicles.
There was 10 files generated alone on April 13th.
Um surveillance footage in some of the cases.
Uh some of the files are still open.
One of them, uh, one of the cards that was stolen from a vehicle was used at the shell gas station.
We obtained uh video, uh, however, it wasn't uh very useful video, unfortunately, the individual, but we're still working on those.
Uh April 14th, uh Burnside Road in Watkiss, an impaired uh MBI.
We had a truck versus cyclist.
Independent witnesses uh placed the fault on the driver of the truck.
Uh the police attendant, cyclist was in the ambulance.
An ASD, so a roadside screening device was demanded of the driver, and that individual blew a fail.
Um the cyclist had no serious injuries, and according to hospital, she was uh very incredibly lucky.
And so we've charged that individual with uh the impaired.
Uh April 17th, uh Thetis Lake Beach, there was a bear spray um incident.
Teenage boys having an argument uh when one pulled out the bear spray, sprayed another one.
There was a lack of cooperation from the uh from the victim in identifying the assailant.
On April 18th, we had uh an assault, two males challenging people to fight at the lake parking lot.
They threw liquid on a car, the victim got out, and and the males assaulted him.
One of the males was also telling people in the lot that he was going to stab them.
Unfortunately, for uh for this individual, uh, he left his wallet behind, which matched the ID, and we were able to uh identify that uh individual.
Not investigation is still ongoing.
Uh April 20th on Helmkin Road, we had a drug-impaired female at the person's residence banging on a door demanding help.
She wasn't making a whole lot of sense.
She refused to leave.
Members uh attended a located female who resides at the Save on Food Center, and we were able to take her back to her residence.
April 24th, uh Pheasant Lane uh we had uh uttering threats.
An older male working in his garden was approached, uh approached the the uh the complainant who was walking his dog.
The older male threatened to hit the complainant because his the uh complainant's dog was too close to the men's the man's flower beds.
Uh April 24th on Helmkin.
Um so we're looking into that one.
We had a uh failed to take auto without consent and a failed to remain.
Witnesses overheard teens talking about having to wipe something down to get their prints off of it.
Um members attended and found a group of teens in a vehicle with recent body damage that belonged to one of the teens' mothers.
One of the youths uh with a class seven had fled already due to driving the vehicle in violation of his conditions.
Mom was woken up and uh she made it quite clear that she had not given permission for her son to take the vehicle.
And uh we're doing a restorative justice for the uh take auto without consent with uh with those youths.
And uh, we also gave a uh a ticket for driving contrary to his restrictions or contrary to restrictions.
Uh Victoria General Hospital on April 28th, we had an allegation of a female that said uh a doctor sexually assaulted her by inappropriately examining her.
So we're looking into that.
April 29th, uh Helmkin and Helmkin overpass.
We had a bus uh MBI, a male fell asleep and drove through a red light, striking the bus.
Uh no injuries to the bus passengers, and the driver was taken to the hospital with minor injuries.
We are up uh so far about 18% over last year at this time, but this for this quarter, which is uh about 175 files uh increase.
Uh, but that's it it seems to have kind of picked up everywhere, so we I don't think it'd be rolls an anomaly.
You can just feel we're having normally we have 30, 40 file days uh during the daytime, and we've had uh certainly a series of 50s, 55 files uh during daytime shifts.
So we we were two shifts, 12 on uh or four on four off 12 hour shifts or 11 and a half hour shifts.
And um usually at nighttime we're in that you know anywhere between 20 and 30 files, and uh daytime you're in that 40 to or 30 to 40 files.
But lately it's definitely uh seemed to have picked up.
So I don't know if it's uh the weather, the vaccinations, covet, what it is, but uh we're certainly feeling it.
Um what else do we have here?
That's uh violent uh violent crime is down seven percent, um, which to put that in perspective, it's only three uh three files from from the last quarter, so it's but it is down, so it's a it's a good trend.
And uh property crime is down ten percent as well.
So that's uh from last uh last year at this time.
The hospital, um we had 78 uh calls to the hospital uh from January 1st to April 30th uh this year.
Um that it seems to be, I think, kind of a little uh a little more than average, but not uh not a ton more from than from last year.
Nine calls to the casino and um the mental health files uh certainly continue to go up uh throughout the the year.
My nine calls to the casino.
I it it's usually to do with um you know breaking enters or mischief to properties or loitering or or uh because we know the casino's uh not open so open it open darn it yeah we'd love to we'd love to open it for you here but uh yeah so that's um yeah i think people like to use that parking lot for for various activities so that's uh that's about all I have for you yeah a lot of rage a lot of rage yeah yeah we've like I said it's it's been kind of a bizarre little well it's been a bizarre year for everybody I imagine but yeah tension is one any questions uh counselor Matson yeah I'm just curious somebody fell asleep while they were driving and ran into a bus.
Is that that's correct?
Yes.
Do you have many people following asleep while driving?
I mean, I just thought that was.
Well, you know what?
If we do it at nighttime on rural pri and rural roads, uh, there's lots of lots of that, but not typically uh you know uh in the city here at more daytime hours.
Yeah, so it's it is strange.
I'm perplexed as well.
Are you is it getting better in terms of people being released right away because the jail's not wanting to keep folks in custody because of COVID?
I mean, that seems to be a constant issue that we're reading about in Victoria.
So I'm curious of how it is on the West Shore.
I mean, are you finding that prolific offenders are when you've arrested them that they're being released relatively quickly pending trial?
Yeah, what I think uh is more um prevalent is the the the lack of charge approval.
We've had uh so you know, a lot of these prolific offenders, we work really hard and really diligently because we recognize that oftentimes they're responsible for the vast majority of of the crime.
Um so when we go and breach these individuals and do curfew checks and what have you, if um oftentimes uh we're seeing that the crown are not approving charges, and um that is that's a concern.
And why is that?
Do you know?
Well, they uh they reference oftentimes capacity, um you know, COVID capacity, um, and then some some other rulings that they're trying to not um breach certain uh certain groups um or various reasons, but uh it it is it's uh it's a struggle for us for sure.
Well, I mean that's a concern all around, I think if that continues and would be worth us following up on in some way.
Absolutely, it would be.
Yeah.
Yes.
I'm just curious what it does to the morale of the of the men and women.
Yeah, you're that's a great, it's a great question.
Um, you know, especially our property crime and and our um you know prolific offender unit, or that's their sole mandate is to to uh to keep tabs on these individuals and even the uh the general duty individual you know members at night, they make a cognizant effort because it's you know when we only have 15 or 25 files or whatever it is for the night.
If it's a slower night, they make sure you do all the curfew checks.
So when we do submit and the feedback is we're not gonna charge, yeah.
That's it it does uh take a toll on on morale.
Um I don't know what the solution is.
We'll we'll soon see I guess if the next three months if all of a sudden things open up to a little more you know normality from uh if uh hopefully things will change back to where it once was where people are held accountable but right now we're yeah oftentimes we're seeing lots of tons and tons of charge uh charges not being approved where in in the past we would have seen those same charges being approved.
So how do you keep up the morale and enthusiasm we're very fortunate because we have a very supportive councils and um we have very supportive pro-police uh community here.
Um in in all the communities that we police.
So it may be one thing if you're working in an area where you you weren't appreciated.
Do you look at some of the uh I hate to use the references down in the south there, but a lot of the uh you know, Seattle and a few of these other cities where the police are uh they're quitting in in droves right now just because of the the lack of support from community and from politicians and we don't feel that here.
So we're we're fortunate in that regard.
So I think that that certainly has a lot to do with the the strong morale.
Yes.
I mean it sounds like in general without but it's not like from what I've heard from different sources that the courts have not really adapted to COVID at all.
And they're still far from being even close to running at any sort of capacity of where they should be, because they haven't adapted to doing business in COVID times.
Do you think that's sort of a fairly I think it's a fair fair assessment?
And furthermore, they've there's such now such a backlog of serious matters that still have to go before the courts that that's why oftentimes I think uh you know they say it's not in the public interest or they don't have capacity to to deal with a lot of the more you know what oftentimes are construed as minor minor issues, and that's why they they haven't kept up.
So I mean I really think that's worthy of a letter.
I think that's worth us thinking about writing and and to minister or yeah, to Minister Farnsworth and saying that this is having a negative effect on our communities and um how are they gonna rectify the situation?
A comment go ahead, John.
No, I I agree with the uh the mayor wholeheartedly.
Chair.
Yes.
I think um not only having the minister um write a letter to the minister but ask for a representative from Crown Council to come to speak to council on um on this whole issue.
Um we have to do I I would also be curious to know if uh this concern is regional wide that uh Victoria and Sanich and OPE, everyone else has the same problem because ultimately this uh the problem is where the offenders are um face no uh no no accountability.
And if there's no accountability in the community, then uh the community is at risk.
So um yeah, no, I would very much like to have a representative from Crown Council, Regional Crown, uh, coming to speak to uh to us.
I'd love to hear from a judge too.
Maybe we should go visit a judge.
And this is uh from maybe from the Western communities.
Um I think this is um something that really needs the the support of the police.
Um, because if you you do and and I guess my question to um uh is that you're you're doing curfew checks, but are you getting the same lack of response and and unwillingness to respond from Crown on all the other probation violations like failing to keep the peace, um and not consuming alcohol, no go zones, no association with no offenders, those kind of things?
Again, it's all situationally dependent.
I mean, and that's the same answer that they'll I guarantee the the Crown will give you the same answer that you know, obviously, if there's uh, you know, if they have you know so your concerns about uh safety, they'll they'll certainly look at it a little bit closer.
Um but I mean I think the easiest thing for me to do is compile a list of all the um the the uh reports to crown that we forwarded, and I'll give you a report back showing you what the response was from the crowns um on those matters, if that's what you're asking me for.
Sure.
Yeah, sure.
There we go.
And and and I I'll move the the mayor write a letter to Minister Farnworth expressing concern pending the and then it's on the record.
Okay.
Do we have a second?
Second.
And all in favor?
Yes, I can just a uh point there.
Um can we have a copy uh sent to all the other mayors in the regional district as well so we can get everyone on the same page?
Sure.
Hey, so I have one more question.
So out of curiosity, for I don't know what we do with the the sort of the homeless mental health individual who, for example, walks down the street hitting streets or hitting cars with the pickaxe.
Do they just sort of go to jail and then get let out the next day?
I mean, or they actually we'll charge and uh we'll recommend a charge, and then I guess it's up to the crown whether or not um they'll recommend that charge, and again, situationally dependent, but those are the ones I think pre COVID we certainly have more success um you know even with even with people that don't have a a lengthy criminal criminal past but I think that that goes to show I think a a larger deeper issue of you know what what's the mindset and the mental stability of somebody that goes down with a pickaxe and starts smashing cars for no reason.
And again is that are we looking at putting these people in jail or are we looking at you know some sort of mental facility that uh they obviously need some help because I'm guessing that's not normal rational behavior.
It's not somebody that lost lost their cool because they were having a heating discussion between somebody.
This is somebody that is walking down the street randomly and and it's no different than what we're seeing in in Victoria.
Um, where you see the um, you know, I I read the paper, I'm sure you do the uh the random knife attacks in Beacon Hill and and the random threats of knife attacks.
Um again, it kind of crosses into two two realms there of criminality, but also uh the mental health and whether or not we've chosen to to try to integrate people within the society, you know, in community instead of having them uh in some sort of closed custody facility where they can get the help they need.
Putting them in a jail is gonna is gonna solve that mental instability, but um, there just seems to be a lack of willingness or a lack of beds or lack of resources uh, you know, in in terms of these types of individuals to try to get them in some sort of close custody um mental health facility.
Yeah, just hear in that people in Victoria and I hope it never sort of pushes out here, just don't feel safe, you know, going down to the park or sort of wandering some areas of town just where that's never happened before.
We've always sort of felt comfortable to do that, and that's because we've all you know the street or people with mental health issues or drugation issues.
Yeah, and you know, uh the you know, the one kind of common theme here seemed to be Thetis Lake in his last report here to you guys.
Um to that end I'll make sure that we put on uh some extra resources in the summer times.
We always do uh summer patrols out there.
That uh use some seasonal policing uh dollars um which we get uh from the the province there.
And we'll make sure that we uh put put some of those resources in Thetis Lake that seems to be picking up some of the issues uh a little too often for for comfort.
A question on that?
Yeah.
Go ahead.
Yes thank you.
Yeah um certainly there's a concern of with the number the increase that appears uh with Thetis Lake.
Um I I'd be curious to go back um if you're if it's possible to look at uh the past two years and see how many incidents and what kind of incidents occurred in Thetis Lake and start keeping a uh a record of what's going on annually I think we may need to have um with that evidence uh be able to go back to the C RD and um look for some more teamwork.
Yeah, I can I can uh I can ask our analysts to to pull some numbers for you there to to give you a little background or I don't know if they'll go back two years, but even a year um on some of the incidents that we've had um at theatus.
Um questions?
No.
Anything else?
All right, I've I've just a something to staff.
Um I don't know if this is um would make a difference, but I've I've been asked by residents on Glen Airley if um we could have more they could have more frequent mowings of the tall grasses outside the gate at Pew at View Royal Elementary where the little girls witnessed the exposure.
Um they residents felt that that might be a deterring too that was a bit more visible.
So I'm just putting that to staff.
Okay, um do we have a motion to receive Superintendent Preston's report?
Yep, second.
Do we have a second?
Second, sure.
Okay.
All those in favor.
So move.
Thank you, sir.
Lovely to see you.
Thanks very much.
Thank you.
Thanks, Tom.
Thank you.
Oh he thought he was free.
Yes.
You'd been scrum.
I thought if you thought I's not going to steal some of the resources and I was finding fire trucking.
Welcome.
Hello.
Good afternoon.
Not that my colleague is contaminated.
Just want to make sure that we're clean here.
Obviously, uh, good afternoon, Mayor and Council.
Obviously, uh, my congratulations to Superintendent Preston on his promotion.
Uh it goes without saying that the West Shore is uh safer and and well-run organization with with Todd at the helm.
And we're uh we're pleased that he's gonna be sticking around for a couple more years.
Really enjoyed working with uh the superintendent over the years.
So congratulations, Todd.
Uh very much.
There's no there's nowhere to go with that title, really.
Commissioner Preston that's it's got a nice nice ring to it um the superintendent didn't mention the uh the rescue that we had to perform of a of a west shore member to break into a west shore member's vehicle at a at a crash she had left her keys inside he didn't mention that rescue that was a very very complex rescue tricky very brief metals medals for all uh good afternoon.
Um I'll start with um on the agenda, I believe the um bylaw 1073.
Uh it's the Thetis Lake Park Cost Recovery By Law.
I'll speak to that first.
Purpose of the report to consider the Thetis Lake Park Emergency Response Services Cost for bylaw number 1073, 2021, that is attached, which prohibits reckless behavior and intoxication and can serve as a deterrent and a mechanism to recover costs associated with rescues at Thetis Lake Park.
Uh to paraphrase the report, um, obviously it's been concluded over many years.
The dangers associated with impaired behaviors in the park, as well as cliff jumping, puts considerable strain on view royal fire resources, as well as it contributes to a significant uh level of injury and in some cases death because of these actions.
Um, I'm sure you can appreciate that along with the town and my office, the CRD is probably as frustrated as I am with some of the behaviors in the park.
And as were outlined by the superintendent, um, to recognize the issues in the park, the town needs to adopt a bylaw which acts as a mechanism to deter the behavior and recover costs associated with the rescues.
This is one of many strategies that we've talked about with the CRD over the years.
Costs associated with the response in the park are significant.
A rescue call for a cliff accident is in the magnitude of uh just over $2,000 per hour for staff and equipment.
Some of these rescues have exceeded two hours, and this doesn't include resources from other jurisdictions that are requested to respond to assist.
Some of the additional issues surrounding these preventable accidents is the reliance on mutual aid partners for staffing.
These rescues are complex and require technical rope rescue, marine rescue, and command staff.
And also of concern is well, we're in the park performances for preventable accidents.
We're leaving the town of URL vulnerable to a delayed response for other emergencies, as well as tapping into our mutual aid resources.
Obviously, there's budget implications.
As I said, the minimum cost associated with a rescue is just over $2,000 per hour.
And that the bylaw sort of spells out when the clock starts ticking and then when it ends.
So from the time of call till the time the vehicles are back available for another emergency.
The bylaw is attached.
It describes the prohibitive conduct, the offense, and the fees associated.
The fees for the behaviors would be passed on to the offender.
And in the case uh if the offender is a minor, then the parent or guardian would receive the fee for service for the rescue.
And again, the purpose of the bylaw is to one recover costs, but it's also to act hopefully as a deterrent, as part of several other initiatives that we've talked to and worked with CRD, whether it be uh education, uh police enforcement, bylaw enforcement, and um this will be just act as another tool to hopefully deter the behavior and and hopefully uh eliminate um the behaviors associated that are causing some pretty significant injuries and and sometimes death so um i'm open to questions uh regarding my uh bylaw submission wow good council uh thank you so just to be a triveted conduct yes sir so you want to I'm so I'm confused over number well 2.1A.
So in terms of how you would be called out to a call for distributing of or selling of liquor.
So it won't be that won't be a fire, that won't be a fire issue, but of course the sale and distribution of alcohol and drugs is prohibited in a in a public place, and that would be a police issue.
As part of the the overarching bylaw, we have to outline the fact that it is prohibited to sell or consume in the park.
That ties into the behavior associated with.
So fire won't be um enacting that part of the bylaw, but that bylaw will be in place, that section of the bylaw.
Which is the part I'm confused about then is which which is the potential fine command for the rescue.
So yes.
This bylaw is specific to the rescue.
So if a person is impaired or intoxicated in the park and they cause themselves and put themselves into a position where they uh voluntarily jump off the cliffs and injure themselves, or they're impaired in the park to the point where they have to be carried out of the park.
And that's quite a routine for us where the ambulance will call us to assist to extricate people from the park who can't leave the park under their own power because of impairment.
We have a mechanism to recover those costs.
Okay, but just the way I initially interpreted, if somebody's having a beer in the park.
So it's only when you have to come out.
It's only when I have to come out.
If if people um, as I I said before in the past, I'll I'll go to the park every day for a dog walker that twists their ankle or someone hiking around the park that injures themselves, or somebody who needs help, we'll we'll be there every day for them.
Um however I I just can't simply condone reckless behavior anymore that involves alcohol and drugs in the park.
Um it's taxing on the resources, it's um yes, it's our job, I understand that, but these are preventable accidents.
And there right now there is no deterrent to uh to not behave this way in the park.
So the other files that's comfortable is people decide to go skiing out of boundaries and they get hurt, and then somebody has to go track them.
That in some places they have the rescue group they're they've started to charge people.
So absolutely okay.
Thank you.
Counselor Qualovich.
Thank you, Chief.
I'm just uh have a few questions, and uh his worship has some too.
Uh perhaps we can share or I'll cover some off.
But in your experience as fire chief, uh what are some of the conventional and unconventional methods that you've tried to deter this behavior in the past?
Well, I I made a suggestion a couple years ago about drilling and blasting the cliffs, which obviously didn't go over well.
We've discussed um fencing options.
There's been discussion of uh fines associated with jumping, um education.
We we we've explored all avenues and and these are these are voluntary behaviors.
I um I just we I think we've exhausted all sort of educational um behaviors.
And I don't think it's a viable option to start installing fencing um or or uh creating a situation that provides for a safe uh way to enter the water from the cliffs.
There's been those suggestions.
Um so this is this is kind of for me the the last straw.
Have any of those had a drastic effect on behavior of individuals in the park over the years?
No.
Okay.
Do you know any other uh lakes or recreational areas who other than Councillor Matson's example um that have employed this type of response or remedy?
Locally, no.
Okay.
I'm not familiar with any.
Okay.
Um I would assume that uh this is all in the interest of safety.
And this is a way to get people's attention and to create awareness for uh for safety in the park and to send a clear message that this behavior is uh causing injury and death uh over the years uh in a perpetual manner.
Absolutely.
This is this is designed as a as a deterrent.
Okay, okay, interesting.
Okay.
Good.
Yeah.
Thank you.
And I mean, I guess the first thing I'm curious about, I'm curious about a lot of things, but has have we had a legal review of this?
Yes.
Have we?
Yes, this uh the bylaw was um uh created by our legal team and reviewed and presented as such.
Because along with you know, Counselor Matson was asking the question, but it it I mean we have distributing, selling or consuming liquor in a public park is a criminal offense, is it not?
So how do we put that in our bylaw that we're going to fine for a criminal offense?
No, I I think what we have to clarify, I'm not fining for that offense.
No, I know, but it but it is listed in the, you know, no person when in TEDAS regional park shall distribute, sell, or consume liquor.
So why?
I mean, is it not, and I'm not trying to be difficult, but I'm just genuinely curious.
Is it not redundant to put a criminal offense in our bylaws?
I guess when in the It is, but there is no reason not to include it.
Okay.
So then beyond that, if some 20-year-old kid is out there drunk, falls off a cliff, jumps off a cliff, do we have any legal right whatsoever to demand a breathalyzer, a blood sample, anything to prove that he was impaired, so that you can enforce this bylaw?
Because if it's on the basis that they're impaired, we have to be able to prove that they're impaired, right?
Fair observation.
I guess in if I'm gonna speak candidly on this, the issues that we're facing is, I mean, these are these are witnessed events where there's usually an admission, you know, that someone's been in the park all day drinking.
Uh there's lots of witnesses.
Um, when we're packing people out of the back of the park who are so impaired that it it doesn't take a uh a breathalyzer to realize they're so impaired they can't walk or function and they have to be packed out of the park.
And we're talking children, 14, 15, 16 years old, um, that have set off for the day.
Um it's usually not difficult to determine, you know, either by smell or or just by the actions that the people are impaired.
I mean, I'm not an expert in in determining whether someone's impaired.
Um I guess the reality is is hopefully the message gets out that consuming alcohol and drugs in the park and then combining it with reckless behavior, uh, there is a mechanism in place that that we can somehow set up a deterrent.
And it's also, you know, I'm looking to the parents of the children who send their children off to thetis without any discussion about the dangers associated with it.
Um, and quite honestly have no accountability at the end of the day.
Paul, you don't have to be drunk or high, though, to be subject to the fine for reckless behavior.
No.
No, the bylaw also states if you if you enter the lake uh at a height of over a meter and you injure yourself, we have the option of cost recovery.
So really that's the essence of the message, isn't it?
So if that's excuse me, if that's the case.
I mean, I'm just looking, I mean, if we were to ever decide that we were going to try and collect on this bylaw, I mean, it's highly unlikely that anyone's ever gonna pay the ticket.
So we're gonna take it to court.
No, it'll be it'll be a fee for service.
Yeah.
And if they don't pay it, they'll send it to collections.
But would that not involve us having to take it to court?
No.
No, this will be a uh this is a uh a service fee where they're given an invoice, we'll make attempts to recover.
If they don't, then there are other mechanisms to collect it.
I mean I I guess what it comes down to, Mary's, I'm exhausted with the behavior at the park.
Yeah, Paul, I'm not questioning that at all.
I'm I'm questioning how we back, you know, how effective.
I mean, I I agree that possibly it's it's effective just to put it out there that council's doing this, but I I have a hard time believing, you know, that if somebody jumped, it was a 17-year-old child, and we tried to give them a bill.
I I have a hard time believing that they can't object to that legally, and we have to be prepared to be able to defend that.
Um, I I can't think that a collection agency can just all of a sudden, anyhow, those are you know, by the by maybe.
Um, but I think they're worth they're worth thinking about.
Ron.
One of the things I'm not aware of.
So you pick me up and John's got his hand.
Oh, okay.
I've been drinking, I fall down, I hurt myself to the point where you have to actually come and get me and take me to the hospital.
And once I'm at the hospital, is there would the hospital do a blood alcohol test or would you complain to the RCMP and they would come down and they would ask for it?
I mean, so I'm just curious as to how we would actually definitively determine whether or not they were under the influence.
That's a good question.
John question.
Yeah.
Um yeah, I I I tend to agree with the mayor.
I think the um um aspects of two point one um with respect to alcohol and and impairment and so forth, is uh is a distraction.
The the fact is uh sober, high, or ston drunk, they jumped.
And uh I think it's pretty clear that uh would be pretty evident that uh they've jumped from uh from the cliffs at the when we would go to do the rescue.
So um I frankly I think if we the bylaw would probably be just as effective without any reference to um um either any kind of impairment, alcohol or otherwise.
And we may want to get a legal opinion on that, but um you know that's it just seems to be um strange.
I mean the the thing is the you got A distribute cell consume liquor but I think we also need if we're going to uh talk about um impairment it's also drugs as well, like you've got in in C.
Um so to to follow up on another question is the um Paul has there hasn't been any other precedent or any other awareness of fire rescues uh um administering uh fees or fines or whatever in BC.
So this is uh a unique adventure.
This would be unique in this region.
I don't know of any fire departments locally that are doing this.
Okay.
That's North Shore rescue, but not not locally in the CRD.
So and I'm just point of uh clarification for when search and rescue they do, I think, and you can help me with this.
Um do they provide any um or issue fines or fees uh for rescue?
Mm-hmm.
I would have to verify, but I think there is a mechanism for cost recovery, some of those rescues where people are skiing towns or they're in areas they're not supposed to be where it's clearly marked and I think that would be useful to um sorry, I'm just right back to you, Kim.
I just wanted to clarify that when when it comes to the the issue of being impaired, it would only be the RC and P that would be involved in that process.
The involvement by the fire department would be the reckless behavior and the fee for services associated with reckless behavior.
And administratively it's not unusual for receivables to be uh put out on collection.
And while there may be challenges against the invoice, there is a process for that, and it may well end up being a court challenge.
But in terms of the administration of the uh of the charge itself, the fire department would be tracking the time and cost associated, and that that would be invoiced to the responsible parties.
So, Kim, um from your point of view, would it be as effective if we with withdrew um uh two point um two point one uh two point one A from the bylaw?
If we just remove the I think the recommendation at this point is to adopt the bylaw in its entirety.
Right, okay.
But that doesn't answer my question.
Maybe you could refer it back meet the staff too.
Okay, what will happen as a result of this meeting is a recommendation will go to our regular council meeting and we'll certainly get advice in terms of the indication of withdrawing any portion of the bylaw.
Okay, good.
Thank you.
Um John, did you have did you have more yeah just yeah just a couple other questions.
So um uh this is a View Royal bylaw.
Um what happens if you royal is so busy with another matter and and another um fire service goes to Theus Lake like Callwood.
Um does the jumper get off free no view royal is ultimately responsible there would always be a VROIL aspect attached to any call in V Royal.
Okay.
Even even if a callwood attends the Theus Lake issue.
There will always be a V Royal officer in charge of the call.
So yeah, there'd be the the application of fees would still be the same.
Right.
I I think if we're going to if if uh this goes to uh all the way to approval, uh then um hopefully the CRD would be uh willing to help us out and probably help out the uh potential jumpers uh with signage to to let people be informed uh that uh there is a risk, and as a risk there's a uh could be a financial penalty.
So uh your worship, do you think uh CRD would help us uh post signs if this went all the way to approval?
I think the bigger question to that would be if signs were posted saying there was a financial penalty, um, and I realize it's not my turn to speak, would it deter people from calling for help?
And I think that's something we really need to think about in this as well.
Okay, Damien.
Yeah.
Well, the one point of discussion for my colleagues on this, I would um that I've thought of is, and I'm sure that the chiefs had this thought in his mind too.
But instead of uh a financial uh penalty for cost recovery for services, could we simply make the fine astronomical uh for for cliff jumping in general, whether it resulted in injury or not?
Um, that would be one way around charging people for that.
And then to dovetail on that, um obviously there's discretion involved with bylaw and situations.
But for example, if someone was to get seriously injured or die, you know, we at what point are we making decisions not to pursue that cost recovery for something like that?
Because that wouldn't necessarily be appropriate if someone died.
So just stuff to think the end goal that the chief has in mind is to is to make it a safer park for everybody and it continues to be a problem year after year after year.
Um and it's it's not working.
So uh he's he's coming up with alternate solutions, and and I commend that.
Ron.
Thank you.
Yeah, the so my understanding is there's more than just it's not just cliff jumping.
It's also if somebody gets drunk, passes out, and you have to come and get them, or they're they're they're sick, and the anyways, they need to be hauled out with by the fire service and ambulance, uh, then they would be eligible for or they would be liable to be fined also.
And so so that's where I would like the alcohol component kept left in there because I'm sure you get a lot more of those calls than you do people jumping off and getting getting into it.
Off and off.
Both are both are it's it's anywhere from six to a dozen calls a year into the park for a multitude of reasons, whether it's a fire rescue or medical.
And and most of the times it's not an issue, but we've run into situations in the past where you know, in the process of extricating a teenager from the back of the park, you know, we're asked by the other groups of teenagers to carry their alcohol out on the stretcher.
And it gets a little much after a while.
And there is and and and it comes down to accountability.
There just there isn't in the in the person offending and uh the parent or guardian.
And and with no accountability and no repercussions, then the behavior continues.
And I don't know how many, I don't know how many times we have to to say it's it's dangerous and how many times we have to go there and do it.
The other aspect of this is just by putting this bylaw in place and the fact there isn't another one, it's likely to be highly publicized and send out the message.
That's true.
So which is another reason I like this like this concept.
That is true.
And the staff's recommendation.
I I was just going good.
Just I was just gonna say in light of um Superintendent Preston's report on the um early in the season, you know, um behavior at Thetis Lake and in the parking lot so far, um, I I think we would want to have something in place before the season is in full flight and and i should note counselor i every call that fire attends to the park there is a there's a standing guideline through dispatch the r cmp are to attend with us just given the the past history they're they're notified of every attendance that we have in the park so they are a resource for us uh when we do attend okay no second delotion so we have one first a second and that is staff recommendation um those in favor well hang on can we we have some discussion about it no okay so I'm just just reading on North Shore rescues yeah website we do not support charging for rescues primarily due to the risk of a lost or injured person or their family friends delaying a call for help so I mean okay I I I mean I I'm all for the intent of what's happening but I think this is coming too fast.
We've never discussed this before I mean we've never even had an informal discussion about this and and all of a sudden we're rushing to a bylaw have we talked about this with CRD like is CRD staff on board with us doing this I haven't discussed uh coffee cards.
So I mean that to me is not acceptable that we would this is a CRD park that we're we're doing this without involving CRD, um, at least asking them their thoughts about it.
And you know, they may have some valuable input that we should um we should be listening to.
I I think we need to think about it.
Um we need, I mean, once council adopts this, I mean, do we want Paul sending a bill for any call, any call that he has in the park in which he thinks that alcohol is possibly connected?
Is one meter a reasonable height?
I mean, I think that's a perfectly reasonable question.
Is is someone anybody jumping in that park off a height of more than 39 inches above the water?
Which means what's a high diving board?
Right.
Um, yeah, I mean, I think there's a few questions, and to me, it's certainly not ready to go right to bylaw stage.
So I'm I'm going to mend my motion now.
Okay.
I move receipt and that we would um uh get input from the CRD.
We look at the uh the the points of discussion at um you know because typically in at the committee of the whole we move receipt and then have a a whole more wholesome debate and discussion at uh the the council meetings um I agree that um uh you know your points are well taken I think we should consult with the CRD if they've got a better solution um and um I think jumping over uh we we should actually look at the the height.
So um let's let's receive it and get more uh more input.
Okay, so I'll make the motion I'll make staff's motion then.
So okay, we've got two questions.
John wants to pull his, I'll I'll make it.
Well you can't do that.
So there okay.
Yeah, okay.
There's a motion on the floor that was moved and seconded.
So let's go with the first motion.
So it needs to be approved or discussed.
Why don't we have more discussion on it?
Because obviously we need to talk about it.
Let's have more discussion on the first motion.
Yes.
Jimmy, do you think it?
I did.
John made the first motion.
Yeah.
I and uh yeah, I I've made the motion and and um uh but I'm I'm certainly um uh happy to wait and get some more information.
I agree that we should get it uh if we're going to do this, we get it done before the summer.
But um um is the first time we've read this and and other points of view.
I'd like to hear from uh Colwood uh search and rescue fire department as well.
Um and the CRD.
I don't think it's like presuming we get a quick turnaround.
Okay.
Um Coldwood's not in Petus Lake, though, right?
No, but sometimes uh other fire departments will do a rescue well if we're detained.
Um yeah, okay.
Okay, well so so all right.
So we have a motion to receive No, we don't know we have a motion moving staff's recommendation.
Moving staff's recommendations, which she seconded.
Yes.
Okay.
So sh shall we vote on the motion?
All those in favor.
Do we does anyone else wanted to have further discussion?
I think I'd already asked that.
I I think uh as it's more than fair to have the, you know, if anything, out of respect and partnership and building uh relationships with the CRD to have them provide opinion and and uh reflect on it.
That's that's fair.
Okay.
Any more any more discussion on the motion?
Then why don't we just have a tabling motion until after staff come back with a recommendation or till after staff talk to someone?
Okay.
I think there's more concerns than just CRT though.
Right?
I mean, I think there's legitimate questions about the anyhow.
I personally think we should vote this down and then get voted on the motion on new motion on the motion.
All those in favor of the motion as put forward by counselor rogers.
Those opposed motion defeated okay do we have a new motion?
So I'll move that it's referred back to staff to gather input from the CRD and also to seek clarification on the issues that were raised today in terms of the height alcohol etc.
Second okay discussion just could wouldn't have staff done this by the time it came back to us next council meeting, if we would have passed a motion.
Well, I think this is a more conservative approach with you know involving the stakeholders.
I'll be meeting with the CRD on Friday to discuss strategies for thetis.
I'm sure this will be a topic of discussion on Friday.
All right, good.
So any more discussion on the motion?
Well, I mean, I just the the alcohol, I think the alcohol component is perfectly fair.
If our biggest intent is to discourage the cliff jumping, then why have the alcohol in there at all?
Why not just focus this on cliff jumping and realistically the cliff jumping?
Right?
I mean, I I personally think the whole idea of putting in if you have a drunk teenager in the at back at the park like you had last year, who blacked out.
I'm not sure that I'm on board with us charging, because you guys have to go in and rescue him or her.
I mean, I have some difficulty with that personally.
Um, but I do completely understand the cliff jumping aspect of it.
I mean, what's the difference if you have a a drunk kid in View Royal Park that blacks out and is choking on their own vomit?
I mean, why?
Because it's in Thetis Lake Park.
Are we going to charge?
I mean, I think that's really a valid question.
I I guess because Thetis is such a magnet and is so out of control.
You know, contrary, contrary to um uh the the spin, the that Thetis is a family-friendly park.
You need to spend one summer day at Thetis Lake Park to realize how out of control it is in the summer.
Uh by law in the park is subjected to abuse.
Our West Shore partners don't have the resources.
The ambassadors, the the summer workers, and you know, I I've said it year after year, that not enough resources are being sent to the park.
We're told year after year that there's extensive resources at the park, and there are days where we go there and it's a busy day and we have issues, and there's no enforcement in the park.
You know, I understand the there was uh a bunch of money allocated last year and the year before, it was supposed to be dedicated to Thetis Lake Park, and then I understand that money is being spread out throughout the whole system, depending on where the problems are for that day.
I'm meeting with CRD on Friday to discuss strategies, and our CMP will be at that meeting as well.
And you know, we will discuss this.
Um to deter bad behavior.
Um and that's that's what I'm looking for here.
I I can't, I can't in all good consciences continue to just do my job and and not speak uh speak my truth on this issue.
It's just too many people are getting racked out of the park, too many people getting injured, we have people getting killed, and I can no longer just sit quietly and and and agree that every summer we're gonna we're gonna educate and and talk to people and tell them how dangerous it is and then everyone ignores it there there is no deterrent for bad behavior at that park and and I'm not I'm not rescuing people from anywhere else in this city.
So if I can just just finish my last comment yeah and this is just directly to our our CAO I just do not believe that if we send a bill to a 17 year old's father because he was drunk in the back of that park, and that father decided to challenge us in court, and we um made a statement.
Well, it looked he was definitely drunk, there's no question.
You know, that the judge would throw it out in the second.
So I would really like to understand more the legal aspect of that and the the um because if we're going to put a bylaw in place, I mean it's got to be one that can be enforced and that has teeth to it, in my view.
And I mean, staff regularly tell us that, so it it would seem like the reverse should also be true.
Yeah, yeah.
Let's keep it to the jumping.
Okay.
Um we would sure make the lives of the individual's parents miserable, having to deal with it again.
Ask a little individual for drinking there in the first place.
So, where are we at?
We we defeated a motion.
Do we have a motion?
Yeah.
There's a motion referring it back to staff.
Okay.
And we have a seconder.
Who seconded?
You did?
All those in favor.
John?
Yeah, in favor.
All right.
Motion.
Motion approved.
Thank you, Chief.
I think we all want to see this sorted out.
And uh so that's the idea.
I appreciate the uh dialogue.
Arrows in your quiver.
All right.
Item two.
Carry on.
Um I will note that uh we went to that bus crash too.
I think we were first on scene ahead of the police, so just want to point that out to my colleague.
Um public safety report from March April 2021.
Just two small fires a note.
Um one on West Park Lane and another on Craigar Road.
The one on West Park Lane was interesting.
It was um an attempt arson where someone attempted to burn the townhouses down that were under construction.
It happened sometime over the weekend when the workers weren't there, and then when they came back to work on Monday, they noticed there was damage to the back.
Somebody thrown them all at off cocktail at the side of the building.
So training is uh continue on night shifts, and members are still you know highly motivated and dedicated to getting their training done.
Um Mr.
Mullen in uh the emergency program uh just received another uh $50,000 in UBCM grants for our EOC and our ESS teams in uh View Royal and Callwood, which is exciting.
Uh good work on his part.
Building inspections are pretty steady, a little bit down from last year, but they seem to be picking up.
We have some some large projects uh in the stream.
As you can see, uh the West Park development is moving ahead.
Uh 244 and 242 Island Highway at the top of the hill.
They've broken ground and they're executing there, so they're moving.
Seven Erskine is clearing their site.
So there's some some projects on stream and coming online now, which we're pleased to see.
Statistically, we're as you can see, we're starting just to come back up into our average numbers from last year.
Uh hoping, you know, for some updates on restrictions for COVID uh near the end of the month on the 25th.
The public health orders and Dr.
Bonnie Henry.
Uh, but the department's still prepared to um you know conduct business as usual until we get word from the province on how they'd like us to do business.
I'll answer any questions you have on the monthly report.
Oh didn't you?
Yeah, I just I wanted to ask how the uh emergency alert went.
Didn't does Troy have anything to do with that?
Was that federal?
Yeah.
So we knew that was coming.
That was the other thing I just want and thank you for that.
Um we just um so in conjunction with the CRD in the West Shore, uh we've just transitioned to a different notification system called PZ from ERMS uh as the local notification for VRL residents.
And then of course there's the federal warning that came out the uh the other day.
So I think everything was everyone's phone went off, I think, on that one.
It was quite successful.
Did they communicate with with Troy at all.
Is that a is that a multi-level government thing?
No, it's coming down the line.
Yeah.
Okay.
Um, I'm just curious, Paul, on six mile row.
It's not a big deal, but I would like to see us either ask highways to remove the no parking signs or enforce the no parking.
Right.
I mean, it just I I have had emails from residents, but it's it's kind of ridiculous.
There's people parked there all the time now.
Yeah.
And with the lake season coming again, it's only going to be worse.
So we need to either figure out a way to enforce it or take the signs down.
So I had a conversation with our bylaw officer this morning.
We went out and took a look.
There were there were eight vehicles parked on the road, and I had a discussion with our director of engineering.
You're right.
So the the it is signed on that side of six mile road, no parking, and as you know, that road is M O T I.
So our bylaws has no authority to to ticket and tow.
That would be a a police issue.
Um that's it from a safety perspective.
Um, most of the vehicles are parking off in the gravel, so not in the bike lane, they're not in the road, they're off.
But you're right, they contradict the the signage.
Yeah, I don't know, I don't know where those where they came from.
You're but you're right.
Either either if it says no parking, then it's no parking, someone has to enforce it.
If it if the signs are down and it's not creating a hazard, then people are gonna park there.
I think that's probably the issue is the science says no parking, people park there, and then there's no enforcement, so you end up getting an email.
If the there doesn't appear to be a hazard in that one stretch from the exit ramp to Chilco, it's it's quite a swath of gravel.
And the signs were put up by us years ago because people living in Thetis Vale when Thetis Vale was relatively new and there wasn't much growth between their backyards and Six Mile Road, they complained regularly about the lake goers.
So I mean, in some in many ways, there's nothing dangerous about people parking there.
No, they're off stretch.
The the more challenging uh area is the on-ramp, yeah, the northbound on ramp where people are actually driving up the on-ramp, stopping, and then backing down the on-ramp to parallel park on the on ramp.
Oh god.
And I would I would I would defer that issue to my to my colleague.
No, I do if you's got some resources to help again.
Yeah, so I'll I'll have a conversation with engineering and our CAO about the signage and see what we can do about that.
Anyone else?
One question.
Yes.
And so yeah, let's take the signs out.
Um it'd be interesting.
Although I'd be interested to see what John Rosenberg has to say about that.
With respect to the emergency notification, um it is curious.
I did get a text saying that you know it had the emergency notification, it came along, it gave me something to link into to um make sure it was working and the link failed.
And I tried a couple of times and nothing happened.
And so I don't know if my my I'm going to be continued can continue getting text notifications.
How do I verify that?
I'll check I'll check with Troy and get back to you counselor.
Okay.
Thank you.
Right after this.
I see Director Rosenberg to you um it's got a little signs go ahead, sir.
Thank you, Chair.
I I think if we remove the no parking signs I I would suggest that we don't remove them.
We perhaps um move them and then have the no parking a certain distance from the intersection at Choco and the intersection of the off ramp.
So we still define no parking area, but then there'll be parking allowed within the area between those two no parking signs, but we want to make sure that they don't crowd the intersection or crowd the uh off-ramp as they come off just to create sight lines.
So we can probably utilize those poles and then just uh change those signs.
We'd flip them and uh just say no parking from a certain distance from the the two intersections are, but that should work fine.
Okay, good.
Right.
I'm just curious, how are we doing with our with our homeless population?
Is it increasing, decreasing?
Well, it's about status quo.
I mean it's very transient.
We do have our we have our usual homeless encampments that we're aware of.
And uh they're managed quite well.
They're they don't they don't bother us, we don't bother them.
Everything seems to be fine and and and we're we're working with them.
Um the transient uh where where there's the tent pop pops up on the side of the road or in a park, those are managed quickly by bylaw.
Um and then they're referred to agency.
So we're we're actually doing okay right now with our with our homeless uh population.
Okay, thank you.
Yeah.
Well, I just want to ask a question that is it's it's kind of relevant.
Um the majority of the motor vehicle calls you get, are they on highway One?
That's a good question.
I'd have to take a look.
I mean, obviously Trans Canada and Island Highway are the two primary roads.
Okay.
Six mile has is six mile and the island highway is a high incident intersection.
Right.
All right.
And and here's here's where where I was going with this.
I was, you know, if if they were a predominantly on a provincial roadway, um and we were using so many resources on a provincial roadway.
I wondered about inviting ICBC to pay some of the recovery costs.
That's uh it's an interesting point.
It's uh it's one that's been debated at nauseum with uh the province and the and the British Columbia Fire Chiefs.
So an accident occurs.
Oh it's it's it's been discussed at at length.
Fire is the only agency that doesn't recover costs for attending motor vehicle accidents on the highways.
So your tow company, your ambulance um police don't recover a cost they can issue a ticket so the province can issue a ticket but fire on the provincial roads can't um doesn't there has been attempts in the past deciding that you know it's provincial territory it's outside of the jurisdiction and they've tried to um you know the tow truck gets paid to tow the vehicle um but we don't we don't have a mechanism to uh so when you did say it's been discussed ad nauseum certainly you're we're not the only we're not the only no this is this is a bit because there they're there are many many sections of the highway in the province that that don't have a fire department associated and they're outside a fire protection area.
Sure.
And then you of course you've got local jurisdictions here you know Langford View Royal Saintage are all the way out the peninsula they're all provincial provincial highways.
So it's a it would be uh I think it would become a very costly venture for for ICDC if they started paying for for fire department response to crashes on the highways.
But it's a costly venture for us.
It's uh it's a it's expensive.
It it all costs money.
Plus you're expected to clean everything up, aren't you?
Doesn't the fire department?
No, actually the the tow trucks are compensated to clean up the mess.
Okay.
Yeah, they're it's part of their part of their they get uh it's part of the tow.
They uh they clean up, they sweep up the sweep the glass and the debris and and take it away.
So is would would there be appetite province wide to pursue this or uh uh uh uh my sense is it's been pursued for so many years and so long.
So right.
I I don't think there would be I don't think there'd be any appetite provincially.
There's there's it's been it's been tried by larger organizations than ours.
Yeah that's for sure.
I'm sure.
Yeah.
Okay.
All right.
Thank you.
That was a neaty session.
That was good.
Wasn't it?
Okay, thank oh, oh, oh, do we have a motion to move received?
Okay, second.
All those in favor.
Report received.
Thank you very much.
Thanks, Paul.
Thank you.
Bye, Todd.
So moving along to F and A, and we go straight to staff reports A, which is the draft public heart policy.
Sarah.
Thank you, your worship.
And before we leave that section, I just wish to clarify on the Thetis Lake Park Cost Recovery bylaw, Councillor Matson, for the motion that was passed, were you in opposition or were you in support?
There was I didn't recognize which way voting.
Which motion no the second one was uh where uh the mayor seconded by Kualowicz uh my hand wasn't that anywhere I see so it does abstention is support I know I know okay that's as close as I can to you know being all right showing my displeasures.
Thank you.
All right.
That clarifies it for me, so thank you.
I I have that then.
Uh all right.
So I'm happy to move into the draft public art policy.
If you would like a presentation, we can jump right in.
Sure, let's go through it, I think.
And I I I think it will be faster and happier.
I believe uh we we have some content coming before you.
So by way of background and the report, the report covers this information.
That is, we have seen in our community some public art.
Um, and I've listed here the highlights that are mentioned in the report, uh, some three-dimensional, some two dimensional.
By way of three-dimensional, in two thousand and six, the Helmican Road Project uh really brought with it the lamp standards with the banner arms, and we've had some rounds of competition and um some great banners done by students, and then other for the Canada's 150th celebration, and that's been great, great use of our decorative banners, banner arms on our lamp standards that we've seen.
We as well entered into the roaming art gallery in our foyer here at Town Hall, and that's now offered by a different organization than what started that program, but we we do profile artists from our area in the foyer and like to show off and promote that art.
We also have had in 2007 painting by the community of the Chilco Tunnel when that neighborhood was building out and beginning, and through the years, some of the more two-dimensional pieces, uh, 1988 upon inauguration inauguration or incorporation.
Good sure.
Oh, I we can we can let Elena know that perhaps she should come to the door and and uh greet the fellow who is here with her order.
Okay, and uh sorry, she will hear me, so that's good.
Thank you.
Um, and uh so we upon incorporation we did receive um a gift from the city of Calwood '99, the photo of wildflowers that were framed from the View Royal Natural Habitat Action Group.
2002, we had a visiting delegation from Hanoi, Vietnam, and uh did receive art from that group.
2016 quilt block uh duplicate commemorating the CRD's 50th anniversary.
And we have two Coal Island paintings, interestingly enough, though it's not in View Royal.
One in the mid to early 2000s from Dunc Malcolm, and then one in 2017 from Susan Lindgaard.
In 2011 to 2012, we had the ancient art of stone, Andreas Kunart and his partner Zettel, built the retaining wall you see on Island Highway, the Love Story Project.
2018, the town co-hosted the Art Fest, and we purchased, and you'll see to your right, the People's Choice Award painting.
And right now we have in uh underway with Total Fortune the totem pole work for installation of the public safety building upcoming in the next few months.
So the next few slides are just some of the pictures showing you these items.
Next slide.
So the banners, the painting in 2007 of the painting in Chilton Tunnel, and some of the art fest at the top, Coal Island by S.
Lynn Lingard, and the total by Tunnel of Fortune on the right-hand side that's underway.
So, what you have attached to the staff report is attachment A, and that is the draft public art policy.
This policy was originally stemming from work that the Community Development Advisory Committee did, and does look similar to the work that they did.
It's been narrowed down and focused a little bit more adding a financial component to it and taking out some components that focus a little bit more on the resources available staff wise to it, and also policy, the purchasing policy that we already have in place rather than reinventing the wheel.
But a lot of the elements are similar to what that group has already developed or come up with based on other examples in the region.
So the document sets out the purpose, and you have it before you talking about how do we select it, acquire it, maintain it, and deaccession or remove it at the end of its lifespan or for other reasons, and how do we fund these tasks.
The objectives are listed, and these are some of the things that public art can do for a community, and those are listed before you and that CDAC had pointed out and had come up with.
Next slide, please.
Some of the exemptions that we thought to include in the policy, temporary or ephemeral works.
I'm thinking of things like the District of Saanich has the sand sculpture.
Well, that really wouldn't be anything that this type of policy would apply to because it's really not anything that lasts, so it wouldn't really ever go through such a thing.
It's not really that type of policy.
Site furnishing amen amenities or street fixtures.
While they may have decorative elements, this isn't really kind of the policy for for that.
And commemorative plaques or memorials.
And so the policy then delves into acquisitions.
What are the ways to get acquisitions or how do we get public art?
We can buy it, we can borrow it, or it can be donated.
And so the next few slides talk about these different steps.
So, how do we buy it or procure it?
And so this is where the purchasing policy comes into place, and it really sets out the ways that we can acquire it.
So it's quite a useful tool in that it already talks about involving other bodies like the Community Development Advisory Committee.
And so under the procurement, it discussed the policy discusses that staff would prepare terms of reference where required.
And there is an evaluation process whereby staff in the Community Development Advisory Committee would look at submissions and basically on a matrix weigh them and look at you know, does this submission comply with what we asked it to comply with?
What is the quality of work, the merit of the piece itself?
Is it suitable for display?
What about the materials that they used?
Are they sustainable?
Um are they going to be durable for our purposes?
What are the many maintenance requirements and how much is that going to cost the community over time?
How relevant is it to our built and natural environment?
And the objectives that we talked about listed above, and those are the things like the identity and does it enhance our quality of life and strengthen our community pride?
Those types of objectives and legal considerations.
So these are some of the considerations or criteria that the pieces could be measured against.
And again, when a piece is submitted, I think different competitions will have different criteria structured.
But this is a framework for I guess a baseline that we can build upon.
And council will have the final decision.
And so recommendations will be coming forward from this group.
So, in terms of another type of acquisition, there could be borrowed or loaned public arts that would be for temporary display purposes, and again, an evaluation process could take place for these pieces with recommendations coming from community development and staff to council.
Some of the same factors would be applied in measuring pieces that would come forward or could come forward.
If something's really flimsy, is it something we really want to take on as borrowed piece?
Because if it dies on our watch, do we really want it?
So we need to take that into consideration.
Are we able to safely display it?
And maybe this is something we want to add to all of our, you know, whether it's borrowed, acquired, or donated ability to take safely display.
But we could add that to each competition as we go along.
And how durable is it?
And how suitable is it?
And again, council would have the final decision.
And the other type of acquisition would be through donations.
And again, the community development advisory committee and staff could look at pieces that people would propose to the town.
Do we want this?
What is the quality of the work?
Is there merits to it?
Um, what is its condition?
What is the lifespan remaining?
Is it worth taking on?
Is it suitable?
Is it worth anything?
Is it worth nothing?
Um again, what type of materials, how durable will it be, how much will it cost to maintain?
And um the policy discusses discusses that it must be unencumbered and it must be something that the donor is able to give and transfer to the town, not something that perhaps is in dispute between several parties that might own the piece.
We don't want to be involved in any of that hot mess.
And if we wish to have uh perhaps a receipt for income tax purposes, that we would require an independent appraisal to be undertaken for that and follow the CRA requirements through that.
And again, council has a final decision, and council could decline to receive a donation.
It may not be in the best interests of the town.
So the policy discusses the different roles and responsibilities.
Here, council would advocate for art on public land, establish and approve contributions to an acquisition reserve fund through through the annual financial plan, authorized and expend authorize expenditures from that fund, and provide the final approval as we've discussed for pieces and the locations where those pieces would go.
For the rules and responsibilities, next slide for the community development advisory committee.
Next slide, please.
They would look at the terms of reference that staff have prepared for acquisitions as required, and provide recommendations to council on procured pieces and borrowed public art acquisitions.
And in some cases, it may be that no pieces are suitable.
That might be the recommendation.
But again, it depends on what the competition is, if there is a competition and what the submissions have been.
And provide advice and recommendation on donating pieces if preferred.
And also to work with staff on recipient site identification.
Is there a great spot that they've seen in their travels in town and would like to see public art?
Where would be a safe location for that?
And finally, role and responsibility for staff.
The primary role and responsibility would be for development services with input and assistance from all the other departments to implement the policy.
Establish terms of reference for acquisitions as required, facilitate and support the community development advisory committee on public art matters, provide recommendations to council on these acquisitions, coordinate the acquisitions, communicate outreach, communicate and outreach to the community about the policy, work with the community development advisory committee about the recipient sites that we've just talked about as CDAC responsibility.
So this group would also have that responsibility.
Coordinate maintenance as required and investigate funding opportunities.
More about that in a minute.
Funding is a section in the policy as well.
Funding is discussed as creating a public art acquisition reserve funded through one annual budget contribution.
Here we've suggested equivalent to at least one percent of the current year contribution to the Capital Works and Land Reserve Fund.
Two for significant town led projects, so capital projects with budgets of 500,000 or more, an equivalent of minimum 1% to go towards those public art.
So it's I think $5,000.
So you're not going to get a lot, but over time that that pool will build up.
And donations.
We can use this fund to leverage for other funding sources and for maintenance of projects through the annual operating budget in accordance with maintenance plans provided.
And so the policy discusses asking artists and donors of PISAS to provide to us maintenance plans.
Next slide.
Agreements.
The policy also discusses entering into agreements when we're procuring pieces.
Clearly, it's going to be different depending on the type of piece and how we go about and what the format is or the type of acquisition it is, whether it's procured or donated.
So a written agreement with an artist would include things but not be limited to what is it they're going to do for us?
And you've seen this type of thing with I'm thinking most recently with Mr.
O'Fortune.
What is it that they're going to do?
What materials are they using?
What's the schedule?
How and when is it going to be installed?
And this is the maintenance piece.
How is it to be maintained?
You know, what does a repair schedule look like for it, and what is it required to keep it in good looking shape?
Is there any warranty for it?
Making sure that there's payment to subcontractors so there's no liens or issues that we run into with it.
Copyright to the town if that type of thing would apply to it.
So some of the legal pieces with it.
Future deaccessioning that would clauses that talk that cover our interests.
So at that being at the town's discretion, and again we'll talk about deaccessioning in a minute.
And payment, and then in some situations, artist recognition.
Next slide.
Again, this would be identified in advance.
It may involve the artist or professional installer.
It depends on the piece.
Some artists wouldn't be involved, sometimes they would be.
It will definitely involve coordinating the work with the town.
Inspection, just to make sure that what gets installed is what was promised, and it would be on public land.
And insurance, the policy also covers this at the town's discretion, and borrowed items to be insured by the artist and or have a waiver of their work.
Next slide.
Maintenance.
Again, we've talked about this.
Artists and donors would provide a maintenance plan.
And it goes into how we evaluate, and we talked about this earlier, that in reviewing submissions, the CDAC and staff would evaluate the extent of maintenance required as part of you know how the matrix, I guess, in reviewing a submission.
If it if acquired, the maintenance plan becomes part of the annual operating budget so that we know how much it's going to cost to make sure this piece remains looking good.
And storage is another piece of the policy.
When it would be required, or if it is ever required, the town needs to ensure that the storage is appropriate, and when possible, we would use existing town and community resources.
The policy has a piece on private art that staff will work with others, and it lists a long list of you know, developers and other agencies to identify opportunities where art can be incorporated into private spaces.
The policy really can't force this, but it's meant to be more of an encouragement piece and as well encouraging private developers to consider integrating art into their sites.
Next slide.
Safety reasons, for example, if things are damaged and there is no repair remedy that's feasible.
The condition can't be reasonably guaranteed.
Quality or authenticity is in doubt and subsequently justified.
The site perhaps becomes inaccessible or is going to be redeveloped.
CDAP talked about if it becomes politically inappropriate or it's something that is at the end of its lifespan.
The policy also notes that if there's theft or vandalism or accidental loss, the town could choose to not replace an item.
So the next steps, if it is approved, this policy would require an amendment to our reserves and surplus policy because it contemplates the public art acquisition reserve fund, which also would trigger a bylaw to establish that as well.
And the recommendation is before you.
Okay, thank you, Sarah.
Questions for Sarah Councillor Matthew the other thing on your list of items that need to be considered on each of the three different aspects is where you store a or where we would actually place a piece I'd initially thought it'd be great to have a bunch of uh pieces put say on Island Highway that people can go by and then select which you know we would purchase the winner for example and sort of public art outside except that might i might also lead to people running into things as they stare at the various pieces of art.
So, anyways, the consideration is to put it in a place that it's it can be viewed safely as well as it can't be vandalized as easily.
And I think this is a good opportunity to take this document and pass it on to our advisory committee to ask for input and then have it come back.
Could do that for sure.
The only other question I had too was what do we normally put away in that uh you know, we're looking at the one percent.
So, in terms of that bundle that we put it in, that reserve, but what is it normally?
I'm just curious as to how much it would come on an annual basis for the funding.
Yeah, that might take a little bit to but on the funding, I was kind of curious why.
I mean, I know with the city of Victoria, or I'm fairly sure with the city of Victoria that any excuse me, any new project, um, they have a certain percentage of the overall budget that is expected to go towards public art, um, or why with our community amenity contributions, for example, we wouldn't direct a small percentage of that to go towards public art rather than putting it on the tax roll.
And I I can see putting especially right now, putting this on the tax roll and suggesting we're going to do that is not a good idea, but that was a whole different discussion.
Um but but was there any consideration given to that, to the idea of CACs, for example, being used to partially fund it.
I think the thought on the community amenity contribution is that it certainly can be used for that.
I I wasn't going to be prescriptive about that.
Councillor Matzen.
I'm also wondering why we actually can't require you know substantial developments to put in a piece.
Yeah, absolutely.
Yeah.
When I was traveling in one of the countries, it looked quite quite nice because at one time they had to put at least 20% of the cost of the building had to be on the front of the building to make it so get a lot of attractive buildings that way.
Yeah, I think we have to be careful of how many requirements we put on, but I agree with you that that needs to be looked at.
And I guess the other thing for just to be helpful for all of us is what can you actually get?
Like what does it cost for a piece of public art?
I mean, in it in terms of, for example, if we're going to require developers to put something in.
Well, I think we, I mean, certainly Oak Bay has recently done a fair bit in terms of public art, right?
In the last few years, it's been springing up in different spots around Oak Bay.
Once they promised to put in what was it?
Uh a water feature right at the front of it.
Right.
Yeah.
So yeah.
Councillor Rogers, do you have to do that?
Yes, hi.
Yeah, yeah, just a couple of questions.
Um and you know, actually when we talk of uh public art, uh when um I was thinking of the corner for Burnside Helmican and uh Eagle's Nest, and what they were talking of a um a water feature, and in a sense, you know, that could be a kind of like a public art and and eagle even Eagle Creek's um uh little aquatic area, if uh that would have been appropriate if we had a uh some kind of art piece in that um sitting area.
Um and I certainly agree with um asking uh developers uh to consider it.
Um a good example would be um on Helmican and um Island Highway with two ninety eight island highway, you know, at that corner um could um really have a nice piece of art.
So um it I think it's uh it's certainly reasonable for the consideration of um um you know if if the uh that we make it part of the applicant applications uh consideration what they could offer or suggest in in terms of the um uh uh staff report uh I am a little concerned about uh insurance and maintenance uh coverage um uh you know it's one thing to to have it there uh but to maintain it um and that's going to be part of an uh an annual budget uh uh maintenance budget, um if that's that's going to be a a factor on the tone.
Um I just wonder about the workload on staff.
There was quite a list of um obligations of staff uh if we had this policy that they would uh be carrying out, particularly if they had to write a uh project terms of reference um uh on on pieces.
So um and and I also I have some um uneasiness about simply referring it back to um uh CDAC committee, the advisory committee.
Um I think with with art it's it's a you almost have to or should have some artistic sense of um individuals that know art and and um have a sense of um what would fit in a particular place.
Um the evaluation process um could be so daunting that um all they're willing to do is endorse it because they can't say uh any other reason not to have it.
So it I I think we need to really carefully consider um the skill sets and individuals um who would be uh giving us um important input.
And I noticed that on the um uh the bio the motion or whatever uh the details, best value for money spent.
And an interesting point because um it would be useful to uh look at peer particular pieces of art in the city of Victoria or Oak Bay and how much uh that that piece cost.
So it's um there's a lot of work in this one.
Wouldn't it be nice to sort of have like uh the Mount Rushmore but follow our heads on it.
No, I don't have a question.
I I just I just have a comment.
Although I I don't entirely disagree with um Councillor Rogers and his um interest in you know I've certainly I'm not an art expert and I suspect most of us here aren't and and that might be true of CDAC.
So I I don't know about the evaluation process if that's ideal.
Um because art is so subjective and Sarah wants to speak.
When when you're all done.
Okay, okay.
Okay.
But I I really like this policy, and I I think that the idea of having having um encouraging or insisting that developers install have art installations on their properties.
Would you know we had a discussion recently about what makes View Royal distinct.
And I think this could be just another, you know, uh it just had more interest to our municipality and could be for for developments.
It could be parts of their signature.
It could even um lead to you know a kind of competition of you know what's what's what you know what makes a really outstanding development and what's noticeable there.
And and um people, you know, might say, I you know, I live at the place with the you know the large crane outside or the heron or whatever.
Um anyway, I like it.
Thank you.
Damien, certainly support this going forward.
I do have a bit of an issue with uh the one percent right now, but other than that, uh I think it's great.
Okay, thank you.
So I I think sending it to committee is a great idea.
I the one thing that I think is kind of missing in it is how do we encourage public art?
There's a lot of rules and regulations about what we're gonna do if we should get any.
Um that's true.
But how do we encourage it?
How do we get artists to come to us with proposals or um so I think that needs to be thought through a little bit?
I'm all for the idea of encouraging developers, but I would throw out the caution that you know we we do have our community amenity contribution.
Um I think we need to give some thought to that because you you know we do that, and now we're going to say that we want 10% affordable housing and we want public art, and you can't just keep piling it on, yeah.
So so that needs to be thought out a little bit as well.
In terms of the the evaluation, I mean, it with art, beauty is in the eye of the beholder, right?
I I, you know, a qualified, I mean, there's no doubt we could probably enlist the services of someone with a degree in arts to possibly help in the evaluation.
But at the end of the day, it probably should be a community-based you know if we're doing it for the community contest, there should be a community-based involvement, which which would be CDAC.
But when you think of the public art like outside the Memorial Arena, that rock and pavilion, which I've always thought is actually kind of cool, but it evokes hugely strong emotions.
I know, I hate it.
Or the big tulips.
The one on the other side of the job the new bridge.
Yeah, and again, I like that.
I like that.
But but there's others who don't.
But I I think this is a great start, sir, and thank you for the work that just John.
Yeah, sorry, your worship.
Um, you know, in terms of encouraging school art, um uh I really was um uh two things.
One, the enormous success that we had with um the Love Story project on the island highway across from the Four Mile.
And Sarah's got that picture there.
And um that it was such a uh an adventurous undertaking, very risky, but uh it it has paid off with such dividends, and and I think that's one of the things that makes V World so unique.
So it's um you know if that that's a hard one to replicate, but it's it's pretty good.
The other one I think um we did really well.
I'm not sure who in the initiated it, but the um uh as Sarah had on on um the very beginning of the report, was the school art for the banners.
And I I I wonder where we are on on the banners and is that something that we should refresh and have a new batch of banners put up.
Well, I mean we certainly could.
We did a couple of years ago, we two or three years ago we we approached the schools for winter winter banners and did that.
It was Deb that originally did that.
It was Deb that initiated the painting of the tunnel in Chilco as well many years ago.
Yeah.
Yeah.
So we need a motion then to refer this to CDAC for comment.
Sarah, sorry.
Oh, um, thank you, your worship.
I I was just going to um indicate that that you had asked some questions.
This document is meant to be a tool that is widely applicable to so many um types of projects that could come forward.
And so it it's meant to be generic and flexible.
So I hope it provides that for council and and that um and that the group that that is in place, the community development advisory committee, um, would represent the the person on the street for taste because it really is um very individualistic and uh I think of the one downtown, the you know, day is for resting, night is for sleeping.
And while what it says, the piece itself, right?
And so there's aspects that some people may like and some people that may not like, and the tulip with the boat, you know, that's great.
And so it there's for as many people you're gonna have as many opinions, and so to go through the added process, and that's what's been stripped out of some of these other policies that other larger municipalities have in the region, that's been dropped away from this, which is well, let's uh set up a whole separate sub-body where we go out and get a you know, artist representatives for this, that, and the other to run all these separate little that was um a little bit overtaxing when Councillor Rogers said, Well, what's the impact on staff?
Well, to run separate and get other volunteers and other to come in and evaluate things is something that is beyond resources to do.
Yeah, um, so this was meant to be a generic and flexible tool.
And um, you also asked the question, how do we get these?
And it comes down to this picture, I think, really summed it up for me.
That took a lot of money and a lot of time, and I think that's how you actually get art, unfortunately, because artists are are doing it for money, and so it will require funding.
Oh, yeah, yeah, funding for sure.
But I mean, that would have never happened if Emmett McCusker hadn't come up to the table here at a council meeting with a book by Andreas Kunart and said, What do you think about this?
Yeah, right, for on the island highway.
And that's why it happened because the the notion was planted and placed, and and we followed it through.
Yeah.
But yeah, right.
It was also there was a lot of finance involved in it as well.
Back when we had the casino operating.
Yeah.
So sadly, that's what it takes.
Yes.
Yeah, but but there also needs to be more like do we have a yearly competition?
Do we do we say that we're gonna do one piece of public art per year up to a value of X number of dollars?
And do we have a yearly competition?
That's the sort of thing I'm meaning is how do we actually get it out there that viewer all is interested in having some public art throughout the town.
And then to that I agree would have the competition, but uh quite frankly, if none of the art pieces uh uh were applicable, we also have the the uh the option to say, sorry, none work.
Yeah, I think you'd you'd soon lose your reputation for being serious if you said that none worked, but hopefully, out of all the submissions, you'd be able to pick one that did work, I think.
That's what our art's all about.
So a motion to thank you again, sir, for the report.
A motion to refer in a CDAC.
Okay.
So moved by Councillor Mattson, seconded by Councillor Lemon.
And then if we can bring it back here and we'll refine it and done that's great.
All in favor?
Opposed?
Yes.
We're on to the CAO update.
Thank you, Your Worship.
Um, in terms of administration, the um the webcasting transition is going well.
We have hired three auxiliary employees uh for the webcasting, and they are currently in training to do the webcasting for council meetings and community the whole meetings of both the pre-production as well as post-production efforts.
Recently, town staff have participated in a report writing course, or rather workshop offered by Dr.
Anne McAfee.
You can expect that we'll see some minor changes to our staff reports going to both community of the hall and council meetings.
And finally, in terms of administration issues, the town is preparing for the 2021 Canada Day by holding a photo contest and a tree kit giveaway.
Our audit this year has gone well.
Uh MNP conducted the year-end financial audit in April.
The result is an unqualified audit opinion on the 2020 consolidated financial statements of the town, and council received a presentation last week to that effect.
With the property tax season coming up, we are currently preparing our tax notices.
The tax notice will no longer include the homeowner grant application form.
Rather, the um the tax notices will have messages on the notice itself, both the print version as well as the online version.
In addition to that, residents can go online to the town's website to get additional information about the homeowner grant.
Development services are they continue to get inquiries about possible development applications in the town.
Building inquiries have increased as home renovation season appears to be off to a good start.
That application went out some months ago, and we're we're still waiting for a response.
The engineering department has received funding approval for two summer students.
The town will hire two park students and one engineering student.
We've done the competitions in April and we'll see the successful candidates join us during early May.
In keeping with the 20 areas where capacity studies have are being completed.
In addition, staff have been raising buried sewer manholes so they can be made accessible for both maintenance and for inspection.
The town has completed its spring tree planting program for 2021.
Trees have been planted in municipal boulevards primarily along Watkiss Way and Helmkin Road near Victoria General Hospital.
Leading up to birthday, park staff, the Habitat Restoration Program Coordinator and Program Volunteers took on the staff on the task of planting 220 Douglas fir trees, rather seedlings, and 220 western red cedar seed that on 244 Island Highway on site excavation works have started.
The building permit has been issued.
Our engineering department is monitoring the construction activities to ensure that sediment and debris are managed on site and then utility service connections have been properly disconnected.
Asphalt pavement has been reinstated fronting 1450 Glintana Road.
It's anticipated that the concrete sidewalk fronting the development will be poured by mid May, and the trail through Portage Park will be completed by the end of May.
Shoreline Middle School students participated in a beach park day at Portage Park.
Students have participated in this project in previous years and wanted to continue the tradition of helping to keep the community clean.
On April 23rd, Shoreline Middle School students from eight classes in four time slots did their part for Earth Day.
They combed the beach, the park, and even the north end of the CS Co.
development area.
The weather cooperated, that was a win-win for everyone involved.
We have a new version of the GIS portal, which was released to staff this month.
All the data applications and maps have now been transferred to a new server with the added benefit of having more functionality and more room to grow in the future.
In Protective Services, as of April 15th, all staff and volunteers of the public safety building have been vaccinated through the Eagle Ridge Arena or Archie Browning Sports Center Immunization Clinics.
In March and April, due to an increase in COVID 19 numbers, members responded to several calls for service.
It is hoped that the current tighter restrictions will reduce the case count.
Call for service by the fire department have returned to their historic levels.
The overdose issue is still prevalent in V Royal and does not appear to be slowing down.
It's anticipated that the totem poll will be completed for a June installation and those are the items I would highlight for my report thank you thank you Kim questions for Kim Councillor Mattson thank you I'm just are we planning a uh an event for the June installation so I I was gonna talk to that I mean I'm I'm hoping that we're not going to do it in June right I mean I'm hoping the staff will will engage with council and we'll do it later in the year.
Mr.
LaFortune is certainly on board with that as long as he gets his final installment he's not going to mind if it was to be installed in September.
The uh the installation award to be finalized in terms of how it's coordinated.
We initially did intend that we um install the totem poll in in April, and uh there were some issues that the uh the artists had to deal with, and so it's been delayed.
Certainly we can delay the installation to September.
Yeah, I I think we definitely want and hopefully by September we maybe can have a small community event of some sort.
And I agree we shouldn't delay it for too long, but if I would like to be involved in the timing of that for sure, and by extension counsel.
We look forward to it.
Good.
Thanks.
Any other questions for Kim?
Hey, a question, please.
Go ahead.
Yeah, thank you.
So, Kim, with the homeowners grant and uh people applying to the province, do we have a sense of how quick the turnaround is from the province to um um give the homeowner that grant?
I I would hesitate to uh to predict, I have no sense at all at this point.
It is the first year in which the transition is taking place.
So the first year may have some challenges that uh are experienced, but I expect that it will not affect the taxpayer.
And just so it would not affect the taxpayer.
So if they um wouldn't get the grant before um so so if they don't get the grant uh before they have to submit their taxes uh by July 1st, uh what's how do we deal with that?
Did they pay the full amount and then the province reimbursed them?
Well, our director of finance, as the other hand, perhaps.
Yeah, I was gonna say she looks grinded like she's got to be involved in the finance side of things.
And and uh thank you through your worship.
Um yes, and and again, anything that I say is to the best of my knowledge at this moment in time, but my understanding is that you know, certainly the taxpayer that approaches our counter um is likely to know whether or not they are eligible for the grant.
And uh we understand from the system that's being set up is that as long as they go online by July 2, that would be including July 2, the tax due date.
Even if the town doesn't get the notification from the province that that has actually happened, as long as the date of the application is on July 2 or before, then they can pay the lower amount and they will not have any penalties.
So e we will be processing the grant, and indeed the province has to approve the grant after it's been applied for.
But as long as that application was made and then it results in an approved grant, uh there will be no penalties.
So so certainly uh the taxpayer has the choice of the amount that they will be paying, but certainly if they believe they are eligible for the grant and they've applied for the grant on or before July 2, they can pay the lower amount and they will have no penalties.
Okay, good.
Thank you for the assurance.
Certainly.
Thanks.
Um CAO.
I was just wondering, was there a lot of interest in the summer student program?
A lot of applicants.
I don't have the details.
I believe uh there was a uh a short list established, and and Mr.
Rosenberg would probably be pleased to comment.
Thank you, Chair.
Through uh Councilor Kowalowicz, if you're referring to how many applicants did we receive, or are you referring to how many applicants did Canadian government receive?
Um I'll take it all.
I just wanted to see, John, if um, you know, kind of the the level of interest in in those two positions.
I assume they're probably pretty sought after and people want to want to get outside and work for the town and and it's a good wage and everything.
It was actually exceptional.
Um the uh parks student had um over 50 applications.
Um and we narrowed it down and and you know it's not a technical process when it comes to park student.
If we can um keep the uh you know if the students local as opposed to bringing somebody in from Alberta or something like that, we try to keep them local.
And if they have some kind of um project where they're working on um if they're in a halter horticultural program or an irrigation program or something like that, then they go to the top of the list as well.
Um with regards to engineering, we do the same kind of thing.
If if they're going to UVIC or they're going to Komosan, they would uh be preferred over, say somebody going to UBC.
Um and then again if they're local.
So that's kind of the first step in the elimination, and then we interview from there.
And I think the engineering had uh about 28 applicants.
So both of them all received.
All right, thank you.
Anyone else?
No, good.
Thank you, Kim.
It's it's I think it's wonderful to see the different good news stories in there, like the community cleanup, the beach cleanup, the trees, the seedlings being planted.
I mean, those are all great things to see.
Good.
So I just need a motion to receive.
So moved.
Moved and seconded.
All in favor?
Opposed?
That's carried.
And then we have an email from Ms.
Blanchard to receive.
Receive.
Thank you.
Moved by Councillor Mattson, seconded by Councillor Lemon.
Yes.
All in favor?
Opposed?
That's carried.
So what would everyone like to do?
Do you want to go on for another?
Sure.
You should be aware that our car dinner has been here since about five o'clock.
Right.
So does it make any difference now if we leave it for another 15 minutes?
Not at all.
No.
So why don't why don't we go on for a little bit?
Sure.
Um so then we're gonna go the three that Kim had suggested was the why why don't we start with the tree by so Director Rosenberg, did you want to speak to that?
Uh probably should, you worship, and uh I like the fact that I've got 15 minutes or under because I've got 15 slides, so that should actually work quite well.
Not as long as we need, it's important.
So I am going to attempt to share my screen.
And does everybody see that uh first slide?
We do.
Excellent.
So thanks very much, your worship.
And there was a report before you basically on the tree protection amendment bylaw.
And staff has gone through and looked at um local other jurisdictions, and in particular Victoria, Sanichin, and Oak Bay have all uh amended their bylaws in the last couple of years.
So we thought it might be not only a relevant time to do that, but some pretty good comparisons about what's going on today and what issues might be.
And then obviously, within the strategic plan, um you know, we want to recognize the impacts of climate change and sustainable development.
And at the same time, we want to make sure that we're going to protect against uh tree canopy loss.
And we've had discussions uh many times over the past few years about canopy loss and whether we should be trying to survey it and what we should do.
And what staff's done with regards to the suggested amendments is trying to keep those thoughts in the back of our minds.
You know, how does development impact trees?
How does canopy loss how do we protect that?
So the amendments before you are hopefully mostly working towards those goals, and and certainly what we're looking for now is feedback before we go through the formal process of actually showing you the bylaw and taking it to the lawyer and bringing it forward.
You'll see in the report we've got about 10 specific items to talk about, and we'll see what kind of discussion that is, and certainly we'll take that direction back.
And you'll I can assure you that it'll go within the bylaw bylaw that we bring forward back to council.
So the first one is within the bylaw under the protected tree.
And we noticed that Oak Bay actually added the shore pine to their list.
And do not ask me what shore pine tree looks like or whether it's a good tree to have or anything like that.
That is not my area of expertise.
But we felt that if Oak Bay thought it was a good idea, and the uh it's just one more tree to add, we thought we should throw it in there and see if council had a uh a proclivity to add that tree or not.
So are you asking us right now?
Basically, your worship, what we are going to also talk about later in in the development is there's a couple of trees we want to remove from that list.
And right now, what happens with the bylaw is if it's not a species that's listed, then it's by size.
Right.
So you know, an arbutus, uh, a garioak, those types of uh, you know, uh local trees that are dominant within the area are on there.
And the shore pine is a tree that uh is native to the area, um, but it's not on some of the lists, and we just thought that you know now's the time, it's just one more tree that gets protected.
They typically, I don't believe, get massive in size, so um they wouldn't usually fall under the protected species list.
So this is one way to uh add another tree to the list that ensures that uh we keep as much canopy as we can.
I'm fine with it.
It's it's native to the western west coast of Canada.
What's that, John?
Oh sorry it is uh I've just looked it up um I had no idea what it was either um it was like the large pole tree and and um it but it is native to the north northwest coast.
Right.
Sure why why not?
It's getting up for okay.
Yeah yeah that okay had good reasons who knows?
Again, your worship we we we we felt within these amended amendments it uh we're erring on the side of um protecting more trees and ensuring that the trees that get replanted are protected and then um also uh ensuring that uh uh impacts to canopy loss is minimal.
So that's really where we're trying to go with these uh different uh thoughts.
So that one I'm gonna say yes to for now, and and uh what I can do if you'd like is I can bring back the sore pine and a few more points to it if you'd like.
But it is a native tree, and that's why we felt we should add it.
Yeah, no, you're seeing general noddings of heads, so sounds good.
Okay, great.
Um the next one is we just would like to add a few uh other trees to protect.
Um currently under the the this bylaw, and and this one here has been added by several of the municipalities.
Um it's just um trees that have raptor, osprey, or heron nests uh that are in them.
All three of those trees or all three of those um bird species are protected bird species.
They tend to be along the shorelines where we definitely value our trees.
Um there's not a lot of them.
Um so this isn't like you know, we'd never see uh we'll have we'll have an overabundance of trees, but we just uh other municipalities added that and we thought that was a nice ad.
Um we never actually um have that the trees owned uh on our property are are protected.
Now, obviously, nobody's gonna take down trees without our uh permission, but um if they were to do so, then it allows us to easily um have them pay for the consequence of doing so without talking to the town.
And then the last one is replacement trees.
And that's probably the most critical one of the three points because generally when people are replacing a tree, unless they plant a native species, it's not protected.
So in theory, they can plant the tree, which is you know usually about uh two two to two to five centimeters in diameter or caliper, if you will, and two meters high.
Um, that tree, two years later, if they wanted to remove it, uh, they could do so with uh no consequence, which again wouldn't allow us to replace the canopy.
So we felt like you know, putting the replacement tree as a protected reason um made a lot of sense to us to ensure that uh those replacement trees uh were kept in perpetuity and then again it would uh require a permit to be removed yeah I think you're you're saying general noddings of heads on on all yeah excellent and just just so you're aware I am not seeing general noddings of heads because each one of you are about five millimeters in size so why while I'm sharing the screen, I really can't see.
Um, so I appreciate you uh giving me the your play by playing size okay.
Uh the next one is significant trees.
Um within the bylaw, we have an area that that says that significant significant trees are protected.
We don't have any significant trees.
Um actually we do.
We don't uh not that I'm aware of, uh we have a schedule, and there's none of those trees are in that schedule.
Uh if I may, your worship.
Yeah, go ahead.
Yeah, thank you.
Um we did um at some point, and again, and I don't know how it came off the list, but um uh the very significant tree on on um Stuart.
Yeah, because that's that's uh that was planted by the Stuart family and um you know with the Stuart farm and and it's uh in a remarkable canopy, and um I know that uh town staff when there was uh some uh pruning going on um john we worked very carefully to make sure that the pruning was uh in the tree's best interest and and uh everyone was very careful so I would uh certainly suggest that that was a significant heritage tree as it relates to the stewart family.
And what size would that tree be and what uh do you know what type it is?
I uh you know it escapes me an elm it's an elm but I remember we had this discussion because we used to have a list with a few there's another one on high street that was with used to be on that list as well.
And I think we had them classified as heritage trees or something and and the last time we did this bylaw, or one of the times we we looked at this bylaw, we did remove that list.
Can we verify that then and make sure that this tree has the protection it weren't it needs?
Yeah, maybe staff could, but yeah, we certainly, your worship, if if uh the committee would like to get back to some trees they're interested in, then we can take a look at that.
But our thought was exactly that that any of these trees that are significant in size or you know larger in size would be protected under the size of protected trees.
Um and there are programs out there, like Saanich has a program for significant trees, but their program is more like somebody has a tree and they think it's valuable and they want it identified as a significant tree, and then the town pays for half the maintenance.
So when they go out and have it pruned by uh an arborist every three or four years and it's a seven or eight hundred dollar bill, the town pays half of that cost because they've agreed that it's a significant tree and it goes on the list.
Well, that significant tree would basically be protected against just random pruning based on our current bylaws.
So we didn't feel like that avenue for significant trees was uh needed, and and we felt that from a capacity, staff capacity wise keeping an eye on you know several dozen trees would be difficult to do over the years but um if if the committee does have trees that they're concerned about we can take a look and see if they'd be protected by size and if they would be then that might uh resolve the issue.
One of the reasons I think this was important is we once had an enormous Armutus on uh on Anlicon 2.
No you're talking about that V Royal Avenue on V Royal Avenue that got locked down to make a a road in in a during a subdivision, which caused members of council no huge amounts of aggravation.
So I mean, on some of those things, I think we need something to be able to protect that so that for whatever reasons people don't go down and you know, rather than sort of work around them.
Yeah, I think we need to uh make the list so that uh when the individual makes an application to remove the tree or something, um uh that's uh it it is flagged for its significance.
So um yeah, I'd love to go back and have another look at this.
Okay, your worship.
So what we can do is we'll we'll uh get a list from the committee.
If in the next few weeks they can uh put a list together for us of trees they have concerns about, we can take a look at it.
And if certainly if they're on town property, it'd be easy to list them as significant and um private property.
There might be a few more issues to do so.
But uh I would suggest that most of them, like Councilor Matson's example and our bark buttistry is protected under the bylaw, anyways.
Um just to I just a question actually actually to John.
John, the elm on um Stuart, it is on town proper property, isn't it?
I don't think so.
I don't think so, but I mean there's no question with that example that it is magnificent tree.
Well, it is protected by its the virtue of its size.
There's there's absolutely and and I believe that's why that list was deleted because it was felt to be redundant.
But but staff is inviting council to to send emails with trees that they're concerned about before this bylaw, so so we can do that.
Okay.
Good.
Moving on.
Uh this one here is just pruning and altering of a tree.
Currently, the bylaw says if it's a five centimeter diameter, you can prune the tree.
So if you apply for a permit to prune and it's under five centimeters, you're not required to have a permit.
We're currently getting about 150 permits a year, and probably a good third of those are for pruning.
So we're suggesting that perhaps we could go to 10 centimeters and we might be able to slow down a little bit the permit process.
And up for discussion, we're thinking that if council has some hesitancy with regards to the 10 centimeters, we could add the caveat that if they are going to be on that size, it has to be done by uh a certified arborist so that they're not just lopping off big trees, but they wouldn't require a permit, but it would have to be done by an arborist.
So if it got scalped and they didn't prove that it was done by an arborist, then they would be uh liable for penalties under the bylaw.
With the four of us here, you're there's nodding of heads that that's perfectly reasonable.
I mean, that's a four-inch branch.
Yes.
Right?
So I mean, it doesn't seem reasonable to me that we wouldn't allow people to do pruning of branches that size on their own trees.
Yeah, as long as it's not 24 inch branches.
Yeah, exactly.
Great.
Okay.
Um, the next one is just when as part of the bylaw review, we actually went out to um development services, uh bylaw, um several departments to to get their thoughts on the bylaw and and what was needed.
And one of the ones that came up in this particular case is the emergency removal.
Um currently it's 72 hours notifications.
So bylaw had some issues with regards to timing, and that sometimes it it may not work out if a if a tree was to go down on a Thursday night and we didn't know about it.
72 hours happens sometime on Sunday, then there's no removal and we don't, or there's nobody to contact because there's no um ability, or if it happened on a Friday.
By doing next business day, then if it happens on a weekend, then they have the Monday to get a hold of the town staff to get us out there and to make sure the permits uh uh all legit.
And and basically you can take the tree down, but within the bylaw, you have to take pictures, you have to show us, and you have to contact us within this time.
So it doesn't prevent people from doing the work, just means they get a hold of us right away so that we're aware of it.
Okay.
Okay.
Good.
Uh this one here is trees in a water course.
Uh currently our bylaw says that it's 15 meters, which actually meets our ocean regulation.
Um and staff is proposing that we go to 30 meters, which actually meets the freshwater body regulation.
Um, and this way here it's consistent for everybody, whether it's near the ocean or near the water.
We don't really see anything detrimental by adding an extra 15 meters where it's near the ocean.
In fact, most of our ocean stuff is uh highly slope, and we do have a high slope component or a steep slope component uh to the bylaw that has other requirements.
But what we like about this is that when you do work within a water course and under the Freshwater Body Act, there's certain things that the arborist have to do, and that's things like using biodegradable vegetable oils for the chainsaw.
They can't leave leave the woodcutting debris um within the area.
So again, when we're talking about the ocean and work that's going on with that 30 meters, it just provides a little extra protection to the water body by uh having those extra parameters that go along with it.
So staff thought this might be a good thing from an environmental perspective.
Um, also allows us to uh have them leave the trees as habitat trees to keep uh erosion from happening on those banks that tend to be near those river by those water bodies.
Yeah, um John, I don't understand this.
Counselor Lemon?
I and yeah, I are are we saying suggesting that you can can't plant a tree less than 30 meters from a body of water, or what what are we saying here in this 30 meters?
What we're saying is within that 30 meters, you cannot remove a tree of any size or any type without a permit.
Okay, as opposed to 15 meters, so it just extends that area that you have to get a permit for.
So, for instance, if it was a uh 10 centimeter apple tree, um, apple trees are not protected by species, and 10 centimeters is not protected by size, but because it's within 30 meters of a water body, if we did say yes to it, they would have to use vegetable oil on their chainsaws, they'd have to clean up all the debris while they were doing it and do all those other things that just help the environment because it's close to a body of water, and they'd have to get the permit to do so.
So, could we amend this to say tree removal in a water course?
Um, that's part of uh it's actually contained within the bylaw that that's what it says to get that permit.
Okay, great.
Okay, thank you very much.
Okay.
General noddings of heads.
Excellent.
That got a check mark.
Um the next one is penalties.
Um, I know over the last few months and probably years, we've talked about penalties.
Um, this is what's currently in there.
We can go as high as 10,000.
Our first defense is up to 3,000.
Paul's experienced uh the rare occasions that he's gone to uh court over these to try to collect these fines that generally they think we're being too um aggressive with regards to our amounts, and they've lowered those amounts.
So um these are right now um higher than um most.
Um and we are gonna talk to the lawyer about what about the circumstance where somebody cuts the trees down um with malice of intent and what's that process and and can we do something within the the other than civil court where somebody just says we don't care for $10,000?
Go ahead and find us three trees for $10,000, but we're going to get a $100,000 water view.
So when we take it to the lawyer, we are going to see if there's some way to take care of that.
But under the current legislation and the local government act, we can't go any higher than $10,000.
Because there's a difference between a resident who may cut down a tree just out of ignorance, essentially, not knowing that there's a bylaw, and and then a difference between, as you say, of someone who a developer who's doing it to or a resident who's doing it intentionally to improve their view.
Correct.
And I mean, as we all know, I mean, when you go from uh no water view to water view, if you cut down three trees to create an outstanding view, thirty thousand dollars would not compare anywhere near the amount that that property would be valued at um in removing those three trees, it could be hundreds of thousands of dollars.
So we are going to talk to the lawyer about in that particular case, is there a way that we can somehow embed some kind of uh course of action, or is it just civil court and we'd have to just defend those on a one-off case?
I mean, in the 10 years I've been here, or almost 10 years, we've never had that happen.
Um, and like I say, we've only gone once or twice, I think, Paul, as to court uh with regards to these offenses.
So this isn't something that's a daily occurrence or even an annual occurrence.
It is fairly rare, but we understand that we want to make sure that we cover off our uh ability to do so if required.
Okay.
So we'll leave that one with you.
Okay.
Um this one's a big one.
This is uh replacement trees, cash and loo.
Um we are and do have lots of lots in town where there's there's trees, and and um it's just tough to get them to plant their trees back on their property.
And when they can't, um, we receive $150, which really isn't a lot of money to plant a tree elsewhere, whether it's in a park or a boulevard.
And it's certainly not a significant tree of any size or stature for that kind of money.
Um, the other municipalities, it ranges from 300 in Sandage, 2000 in Victoria, and 500 in Oak Bay.
And we felt like 500 is a pretty good number.
So this would uh allow us just to recoup uh better costs, which would allow us to either plant significantly more trees or certainly larger trees when we get those those monies.
So that we just feel like this is a better route to go with regards to um if people can't plant on their own property that we have the ability to make sure we ensure the canopy loss.
Because typically they're taking down a very large tree.
If they were if they were replanting on their own property, then obviously they can go out and find the best bargain on a tree that meets the requirements, right?
So if they're planting trees, we don't get any money.
This is only if they choose not to replant trees we get the cash.
Yeah.
Yeah, you wish to just question.
John?
Yeah.
So it yeah, it's interesting the range of other municipalities um uh to Sanders' $2,000 but I think the replacement treaty uh the effort of staff to um where an individual could plant the tree in the backyard and you can easily walk out and and water it and so forth um I think the five hundred dollars uh works to compensate uh staff time for for the ongoing maintenance and watering until the uh the tree is established.
So I think it's it's completely just justifiable.
Okay, I'm seeing general noddings of heads on that.
Um, this is the building envelope exemption that's uh currently within the bylaw.
Great.
Uh this is a big one.
Currently, if you have a tree um for developments or private, uh and there's trees within the building envelope, or if you wanted to build a shed or an accessory building, um that tree is exempt from the bylaw, so you wouldn't be required to replace those trees.
So, for instance, when you get into and and we'll have the discussion about development, but when you get into say uh a development like Erskine 9, um they are not required to replace two to one the trees that they remove that are within those building envelopes.
If we uh change to the proposed, which is we're gonna remove this exemption, all the trees that are removed within that building envelope would then be required to be replaced as well.
So, and that would be currently at a two to one.
So if there was 50 trees within those four buildings, um we would be able to plant or require them to replant 200 additional trees or give us the cash and lie.
Um so again, we felt that this is a big one where with regards to canopy loss, it ensures that if we don't actually get the trees um planted, we at least get significant funds so that we can plant either larger trees or more trees in different areas throughout the town.
So this would have a significant impact depending on the developments.
Current developments would not um be impacted by this, but all future developments would be.
And again anybody in town, any local resident who say wants to build a shed and comes and wants to remove a tree, or in the case of the church by policier, if they're gonna build a parking lot and or put a building up for that daycare, those trees within that building for the daycare wouldn't uh be eligible.
Now they would be and we'd get the replacement trees.
Yeah, sounds good.
Yeah, I can see it maybe raising some hackles for sure, but it it doesn't seem unreasonable.
Um developers would be expected to pay the the $500 cash in lieu as well.
That's correct.
Right.
So in and again using Urskin 9 as an example, if the bylaw existed today, um, when they plant their landscaping plan, part of their replacement trees would take into account all those trees they're planting back as uh part of their landscaping plan.
So they would get credit for those trees planted against the replacement trees that they uh owed us.
Uh and then whatever's the deficit was left, um, that's what they'd pay the cash in lieu for.
Um, or we could find a place and have them plant those trees somewhere else within the town.
If we had, for instance, um little park that we've just taken over.
If we decided we wanted to plant a grove of trees somewhere on that property, we could require the developer to go up there and plant 50 trees up onto our plant and obviously give them specification on how to do it, have them maintain it for two years as part of the requirement, or obviously they could give us the uh $500 for those trees.
So it would give them options, um, and it also allows us to have programs to do other things.
Okay, no, I think that's good.
And I'm seeing general nodding.
Just a quick question.
Uh John, uh, the um are other municipalities doing this?
Uh let me take a look.
I have a little cheat sheet that was done for me.
Um Sanich and Oak Bay are not exempt, and Victoria still has exempt for building envelope, building addition or accessory.
So that's one of the amendments that uh Oak Bay and Sanich have.
So they're not exempt as well on those two bylaws.
Okay, thank you.
So, John, how much more do you have to go on this?
Two.
Just two?
Okay.
Yep.
Carry on.
The next one is just fees.
We currently don't charge a fee.
Um and we'd like to start, and we really have when we hired our arborist, um, we are doing quite well.
Um, we generally get um most of our permits now we're getting done in two to four weeks.
Um this is just an option if anybody's in a hurry and wants to get it done right away, and typically it's developers that want something right away because they want to start construction and they've left it to the last minute.
It would give us the ability to charge a hundred dollars to uh make their fee a top priority.
Um so what you're suggesting is that for residents they can still apply with no fee as long as they're prepared to wait for the answer.
But if people who want a priority processing could pay the extra money.
That's correct.
It the the permit is still free unless you want to tell us to hurry up about it.
Then it's a hundred bucks.
Then we'll jump.
Okay.
Seems pretty reasonable to me.
And the other one, and I I don't know how it missed this.
Um, we'd like to charge a $75 fee if you make us come back because you didn't do what we asked you to do.
Currently, within in the bylaw, we tell you to mark your trees, flag them so that when we send out the arborist, who we're paying for, goes out there, he knows what trees to look at.
Um, and if we have to go back a second time, then we pay the fee because they couldn't be bothered to flag them.
Um, we just want to have the ability, and that would be a $75 fee to just charge those people, which is what the arborist charges us, um, to go back and look at that because they didn't do what they were supposed to do.
Councilor Kowalowicz.
I just want to make sure I'm clear before I support this.
This particular permit, Director Rosenberg, is this applying to like a residential residential permit for a homeowner?
Yeah, but but it's still free.
Yes.
Unless they want it rushed.
Unless they want it rushed.
Okay, I understand.
They have a free one and they doesn't bother to mark the trees, and then they mark them, which now would have cost them $75.
Staff have to go or the arborist has to return because they haven't done it.
After they've uh had the rushed service.
No, this is just you call us and say we'd like to take a tree down, and we go, yeah, okay.
Um Arborist will be out there in the next few weeks.
Make sure it's flagged so that he can see it, um, make it obvious, you know, put a ribbon on it, do something like that.
And when he shows up in the next couple of weeks, because we tend to give him four or five to go to at the same time, um, if he goes out there and doesn't see any ribbons, he calls us back and goes, John, I went out to that property, I didn't see anything, I couldn't figure out which tree it is.
I'll have to go back another time.
It would be in that particular case where we we'd call the resident up and say, You did not mark your tree, our our arborist was there, and as such, if you want us to come back, it'll be a $75 fee.
I understand it'll be some sort of a cost recovery for staff time.
I think I get it.
You're seeing general noddings of heads on both those.
Okay.
And your worship, the last point is just with regards to development, um, some of the other municipalities treat development differently than private homeowners.
And it really is about just the philosophy of, and I think some of the things we've decided tonight, we we've kind of um picked up developments, they'll be a little impacted, but um we don't take a uh a very big security for um again with Erskine 9, that type of development.
Um we're looking at should we be taking a significant security to ensure that they do what they're supposed to do when they say they're gonna do it.
Um, and I'm not talking about, you know five thousand dollars when it comes to developers, depending on the number of trees, our replacement is five hundred dollars.
So if they were going to remove 200 trees, they'd owe us 400 trees.
So we would take the equivalent of 400 trees at 120% or some kind of ratio that says, okay, you'll plant those trees because we've got a bunch of cash that we've taken from you.
So we haven't figured out what that looks like yet, but we think we should do something just to keep them accountable.
And then the second one is uh sanach, and they're the only ones they require developers to actually replace trees at three to one instead of two to one.
And we want to know if council's got an appetite to make it uh a little more um strenuous to remove trees for developers than they do for the typical homeowner.
And again, good question.
A question?
John, go ahead.
Yeah, thank you.
I get one of the uh concerns I have is what uh when people replace the trees, uh they replaced it at a bargain, and it's a small spindly uh Costco um tree that uh it doesn't have much uh luck of surviving.
And so um how do we ensure that uh and a follow-up, and maybe that's a tree maintenance period, that uh the the trees are of a sufficient um health, like and they that they will survive.
Uh that's a good question, Councilor Rogers.
Um the first answer is there is a size requirement for a tree that you plant.
Um that's within the bylaw, so that that's where it's not just a spindly Charlie Brown Christmas tree type tree.
It's uh significant in size, we feel anyways for a replacement tree.
Um from a capacity point of view, to be frank, we just don't have the ability at a hundred and something permits a year, and then two years later to go out and ensure that that tree is planted and healthy.
We do rely on the honesty of our residents to actually do what they're committed to do.
Um now, if a neighbor called and said, Hey, my neighbor planted some trees, he took down six trees, he planted 12 new ones, and they're all dead.
If we went out and looked, we do have the ability uh within two years to make them replant.
But we're not actively checking at this point just because of capacity.
Okay, thank you.
So I guess for me on the securities, I think we need to be a little careful of how it would play with securities that we already take for landscaping, etc.
That's certainly something we hear from time to time is that the amount of money that some developers are are forced to put up front and into escrow for um a period of time is already significant.
For sure.
And there's certainly lots of securities like with regards to their frontage improvements and all of those other.
I I don't have the ability to hold their frontage improvement monies because they didn't do the tree replacements.
Um so it you're right, it it would add to the you know the the letter of credit that they would submit, um which at times uh uh again a development like Erskine 9, it will be in the millions of dollars.
And something like this, it it could very well add 100,000 or 150,000 to that you know million or two dollars, two million dollar line of credit that they're giving to us.
So is there a way to tie tie in with existing landscaping securities?
Or do you have an addition to existing landscaping securities?
I would think there'd be some way to to somehow tie it in so that your landscaping security is is held for your uh requirements and as well as part of your tree replacement, so that you don't get it back until both are fulfilled.
That's a good idea.
Um that's something we can talk to the lawyer about.
The ratio, I mean, I again this is just me personally speaking, but if we're already going to decide that the building envelope, they now have to replace those trees as well.
I mean, to bump that from two to one to three to one for developers only, you know, is is possibly getting a little excessive if we want to remain supportive of developers to a certain degree.
Even the building envelope would have done really well in terms of the toco area, right?
Yeah.
Yeah, we're not gonna replace any of those trees.
Yeah.
So I mean, I think it should match what we're we would require of a of a resident wanting to take out a tree personally.
And I'm not not seeing disagreement on that.
Okay, thank you, worship.
Um keeping it to two to one, right?
Yeah.
Okay.
Yeah, we'll treat developers the same with regards to replacement tree ratio.
Okay.
Uh maintenance period is currently two years.
Um, we don't check it.
Um, and staff suggesting that perhaps we want to go to one year and then make them notify and um see if we can then try to get out there if we can.
No assurances that we would, but you know, now that we're bringing on summer students, it might be something where we can go to students and say, hey, can you just drive by this property and this property and this property and check these trees?
Easy to take care of when it's one year as opposed to two.
Um, so that's just um uh a suggestion from staff.
The logic of that, John.
Uh again, when when it's two years, it's kind of hard.
We find it's kind of hard to keep track of it over a two-year period.
So, right now we don't require that they even tell us they've planted the replacement tree.
So, what we're thinking is if we get them to tell us when the replacement tree is planted, we can put it on a spreadsheet.
Um, and one year later, why it's still kind of somewhat fresh, um, we can get out there and and again, you know, it might be 12 months later, might be 14 months later, we can send a student out and take a look and see that that tree was actually planted and taken care of.
We currently don't follow up in any way, shape, or form.
So does that mean, John, that to date we don't actually know if replacement trees are being replaced?
That's correct.
Yeah, there's a loophole.
I've seen replacement trees cut down.
So this way you're going to ensure that we would at least do one inspection.
We're going to that that would be the intent.
We're going to get them to um notify us when they plant the replacement tree under the permit process.
And then it would be staff trying to um utilize summer students to go out and make sure that that tree was indeed planted and has been maintained.
Okay.
Yeah, yeah, that makes sense.
Just a question, your worship.
Uh John, can we ask the um the resident to provide digital image of the tree so you have that on record?
That's exactly what we would do, yes.
Okay.
Yeah.
Some something that shows us where the tree was planted.
Yeah.
And that would prevent us going out the first time.
Looks like it's just our cat over there.
Okay.
All right.
So the other thing that we'd like to talk quickly about is when somebody takes down an Arbutus tree or a Gary Oake or one of those uh native trees, does council have a appetite to make them put back that same species as opposed to um any species of their choice, uh a fruit tree, um some other type of tree?
Yes.
Appetite.
Right.
I mean, in in a lot of cases, I think it'd be all right, but if the tree has to be removed because it's unsuitable for that location, like a sequoia.
Yeah, then why would you tell them they have to put that same tree back in?
No, I uh this is one of those ones where at the discretion of the director, uh a species that's listed as protected may be required to be replaced uh as the same.
And then that would be at my discretion or my replacement's discretion to say, okay, it's an arbutus tree that's four inches because you removed the shed um you know what we think you're gonna plant a two inch arbutus uh 20 feet away that will grow just fine.
Okay.
Yeah that makes certainly makes sense to me that that would be at your discretion because we know how reasonable you are and I think a lot of residents wouldn't agree with you, your worship.
Point of question, your worship so um yeah if an individual has um and I the great thing is that we've got the list of protected trees.
So it may be that um you know, there's now a lot of fir trees, and a and an oak tree will not survive um with all that shade.
So um then that gives you the discretion to uh consider another one on the list for uh that's on the uh recommended list of trees, right?
That's correct.
Okay.
And otherwise it'd just be by size and you could put whatever you'd want.
Okay.
Um next is just uh you mentioned sequoias.
Um Arbus brought this up because we also sent the bylaw to Arbus.
He's he's telling us, you know, the sequoia and the and the Coast Redwood, which are both listed in our bylaw.
Um anyone that's existing now is definitely going to make the size requirements.
Um, but there's really no reason to keep these trees in there as a protected tree.
They just a sequoia is just it spreads its root everywhere, it damages foundations and pipes, and the the redwood is really a a wind bait break type tree that was planted back in the day to protect farmland and those types of things from uh winds.
So uh he's suggesting we can get rid of those two trees.
They're not native.
Um so yeah, no, I I certainly agree with taking them out.
I agree.
As you say, they're protected by size, anyways.
So yeah.
Great.
Okay, and one last one, you worship.
Um, and we're gonna follow up with the lawyer.
Two well, two slides.
Come on, uh, development services has like 70 sometimes.
These are only 15.
Go for it, John.
We have had issues um several times with people requiring and asking for trees to be removed, where it's damaging their driveway, damaging their sidewalks or walkways.
And we have generally said no to this.
We did have an incidence a couple years ago on Knowwood where we had a resident who had a tree that was damaging their driveway, and we ended up um coming with a settlement with our insurer.
During those discussions, our insurer said to us that it would be um smart of us that we're not really liable when the tree causes damage.
Our liability starts when the trees causing damage, we're made aware of it, and then we don't do anything about it.
Um, or we deny the removal.
And there's they were suggesting that um it opens us up to claims and potential claims.
So staff's either suggesting that we allow those trees to be removed in the future when they're asked to be removed for those reasons, even if the tree's healthy, or if uh counsel's not um comfortable with that, that you allow us to have that conversation with the lawyer to see if there's a way that um, or if we are actually opening ourselves up to specific liabilities.
I mean, root, you know, if if someone's driveway is heaving or I mean that can be repaired.
I mean, I I always think of the trees in Lion's Cove when this, because many, many, many years ago there there's a cluster of fairly big fir trees in on the Lion's Cove property.
And probably 15 years ago they came and asked to remove them because of exactly this, because the the sidewalk was was heaving.
Um, and they were really angry because it actually came to council, and council said no, and they were really angry about it.
But those trees are still there and they're beautiful, and they're a huge part of the neighborhood, and the bumps in the sidewalk are still there as well.
So I mean, I would hate to see us just automatically because roots cause the sidewalk or walkway to heave, that that's an excuse for taking a tree out.
Well, Ron, you know, my yard.
I mean, I would there's two or three huge trees I could say, well, look at the crack in my driveway.
I just have a problem with that.
But I do I don't think John is referring to uh driveways.
You're you're are you referring to drainage and sidewalk uh um foundations?
Uh we actually do.
I mean we've certainly philosophically I've I've I've understood from council that anytime it's going to uh jeopardize a home, either a foundation or a perimeter drain, that council definitely supports the removal of the tree, and we have acted that way.
Um, but when it comes to people's driveways or people's walkways or pathways in their backyard or sidewalks out front, um, we generally have kept trees and not allowed them to remove them.
Um, and what our insurer is telling us that when somebody tells us that this driveway is heaved or this sidewalk is heaved because of this tree, and then it gets worse and somebody trips and falls, then you know they have the ability to sue us.
And now we have on record that the the homeowner that may or may not be part of that uh claim, um, now has their house insurer, and we have had um insurers come to us and say, You're the homeowner is telling us this and we're putting you on notice.
So our insurer is just saying that it opens us up to liability and claims, and if council's comfortable with that um liability, then we can continue as is, and it's on an individual basis, and they can come to council, and counsel and council can make that decision.
And as you know, I mean we only get it one or two a year, so it's not like it's so onerous that uh you can't look at them on a one-off basis.
So if you prefer, we can just leave it as is and they can come to council and get that decision made on a one-off each time.
We should leave it as is.
Yeah.
Agreed.
Getting general nods.
Great.
Thank you, worship, and I appreciate your time.
Uh you'll see the bylaw come back in a few months after we put it in front of the lawyer.
A hard time about the time, especially when you took three times more of the time we allotted you.
It's that's it's very obviously very important, the tree bylaw, and you put a lot of work into that with your staff.
So thank you for that.
And uh, I think it all makes sense, and they're good changes.
Great, great.
Thank you, worship.
Sorry about the time.
I'll make my next few uh super fast.
We'll get to go home earlier later because we did that.
But supper is definitely cold.
Thanks, everyone.
We'll see you at seven.
Okay, thank you.
We'll call the committee of the whole meeting back to order.
Um, public participation is going to come up almost right away.
So if there's anyone looking to call in, this is your time to do so.
I gather we have people on the phone who would like to talk to both Governor's Point and Atkins Road, and the chair at that point of the meeting, who'll be councillor Mattson, will give you an opportunity within that discussion point to speak to that in case we have any questions.
So with that, we will move on, and I will ask staff if if there are any callers on the line.
Your worship, this evening we as well have a special council meeting.
You can choose now or later on.
Let's let's do it later.
Okay.
Rolling.
Yeah, sorry about that.
That's um you should have given me that warning before.
Yeah.
Question about we're getting older.
Sorry.
But let's do it at the end.
Um so this is public participation then for committee of the whole, just to really confuse everyone.
So is are there any callers on the line?
Your worship, yes.
We do have uh one caller with the last four digits zero five six nine.
Zero five six nine.
Okay, thank you.
So caller with the last four digits zero five six nine.
If if there was something you wanted to speak to on tonight's agenda, this is your opportunity.
Caller with the last four digits zero five six nine.
Oh, good evening, Mayor and Council.
Um this is Jane Devonshire calling from two four two Glen Early Drive, and I'm speaking behalf of uh I'm speaking tonight on behalf of the VRCC regarding Councillor Mattson's motion on heat pumps and new bills and getting gas and oil out.
Um we'd like to thank Councilor Mattson for raising this very important issue.
We know we can drastically drop our GHG emissions in V Roll by getting oil and gas furnaces switched out with high efficiency heat pumps.
To mitigate future proliferation of GHGs, it only makes sense to get gas out of new bills now.
Many organizations around the province are zeroing in on this initiative.
Even the provincial government has mandated gas out of new bills by 2032.
Very important issue.
What happened there?
They just muted Jane.
You were doubling up on her somehow.
She was doubling up.
I think she must have her live stream on plus she's on the phone or something.
Oh, so um I'm a bit confused.
Um I got some feedback there and then I got cut off.
So yeah are are listening to your live stream Jane as as well as being on the telephone?
Nope, I don't have have that on.
Okay, well go ahead.
You're clearer now.
So continue Oh did you hear okay, did you hear any of it?
Oh yeah, we heard all of it until um, you know, just a m very briefly before you stopped talking.
Okay, thank you.
So um I was just saying many organizations are zeroing in on this and even the provincial government has mandated gas out of new bills by 2032.
But we feel that data is far too late and we should accelerate the process now.
Um it only makes economic sense to invest in the right kinds of building now for the future and for the long term.
So municipalities have found some creative ways by changing their bylaws that would limit the amount of GHG emissions allowed, which would ultimately rule out the use of gas.
They've also found um ways to incentivize low carbon construction.
Um I believe Councillor Mattson has sent you copies of the North Van, West Band, and U VIC studies that uh they came up with for solutions to that.
So in closing, I'd just like to say that the VRCC sincerely hopes that members of council will support the motion to get gas out of new bills and to encourage heat pumps or geothermal sources of heating and cooling in all new bills.
This is the way of the future.
Thank you for your kind attention.
Thank you, Jed.
Thank you, and have a great evening.
Staff, do we have any other callers on the line?
No, your worship, we do not.
Okay, so we will then carry on, and I'm going to hand the chair over to Councillor Mattson.
Thank you.
Uh I guess the there's nothing under chair's report.
The next item of business is the environmental development permit for uh 280 Shoreline Drive.
And staff have a presentation.
And oh, it's not this one.
Okay.
So thank you.
Thank you, Chair.
Are you ready for me?
Yes, I am.
This is James Davison.
I am community planner here.
I am going to share my screen here.
Shoreline Drive.
Here we go.
So this is a development permit 202107 for 2820 Shoreline Drive.
This is a uh uh uh an addition to this house that is a long-standing house.
It was probably built in roughly 1960.
Almost all of the property is within the development permit area, and obviously the house was built before that development permit area was established.
So the builder has done their best to propose a an addition that is within that uh small area that is within the non-development permit portion.
It's on a rocky bluff, so uh it is quite a bit higher.
So uh sea level rise is not a concern there, and it's a large lot, it's about it's just over 1500 square meters, or the minimum lot size in that zone is a thousand square meters.
So as you can see on this illustration, the green area is the area that would be buildable without a development permit.
So the cross hatching is the existing house, and the darker gray area and the orange area illustrates the area of new construction.
So the orange areas are defining where the overhang of the roof on the north side is making an incursion into the 15 meter development permit area.
So it is 13.4 meters away from the natural boundary, supposed to be 15.
And on the south side, even though the area is disturbed and within the existing house area, they're building up into that space, and it is 12 meters away from the natural boundary there.
So those two areas require variance, and the variance is described at 12 meters and 15 meters.
Otherwise, zoning regulation table is here.
The permitted and the proposed are illustrated.
Proposed building floor area is well under the maximum, as is the floor space ratio, lot coverage, and building height.
So the requested variance is from the 15 meters to 12 meters for the special setback to the natural boundary within the zoning bylaw.
As far as the environment goes, the environmental impact, uh, the 15-meter DP area, as you can see illustrated in these photos, that is quite heavily disturbed with the grass and also has a good degree of invasive species, mostly ivy, also St.
John's wart and spurge laurel as defined within the environmental report.
The applicant has indicated two separate restoration areas, one adjacent to the house near near where the overhang on the north side was, as well as the strip across the uh shoreline.
And the environmental assessment report indicates the proposed restoration will improve the ecological condition of the DP area, which is fairly low value at the moment.
So those details will form part of the conditions of the development permit.
So the degree of constraint on the natural boundary is quite low.
So the restoration areas, those activities will provide a net benefit to the property as illustrated and concluded in the environmental report.
No visual impact concerns for neighboring properties.
The neighbors uh are not very close to this property, especially visually.
Uh and and in staff's opinion, this there's a significant benefit to doing this work and improving the ecological condition on the property, and staff is supportive of the application.
Next step will be notifying within 100 meters of the site, and it is expected to come back to council on June 1st.
Thank you.
Thank you, James.
Do uh any member of the committee have a question for staff?
Yes, I do.
Okay.
John?
Yeah, thanks.
Um James, the um um the portion to the north, um uh the one meter, uh, and it looks like it's a roof overhang, the orange there.
That's just it is.
It's a roof, right?
Roof overhang.
That's correct.
Yeah, that's correct.
So um what's what's the purpose of the overhang?
Because at least the as far as I read on page six, Mr.
Parrish is recommending this, uh, so the rain will stay off the windows.
Yeah, it's my understanding that uh there are eaves desired on on the house.
Uh without this, there would be very little eave on the north side of the property.
So, yes, it would function in the traditional way of an Eve on a house, which would be to uh prevent um rain and weather from from uh hitting all of the facade.
Yes, so it it does seem strange.
Um that the the incursion into the setback is is more for an aesthetic uh value or you know, we could they achieve that with um um an extension that maybe I don't know thirty centimeters or half a meter.
Uh I suppose they could um but that is not what they're they're asking for.
They're asking for this.
Uh if I I could go back to the applicant and uh and ask them if council desires to see if that that could be shortened up.
I are they um do you know if the applicant is uh interested in placing lawn furniture or anything kind of furniture that's uh would be underneath the uh the one meter roof overhang, so it uh it's it's really for um deck chairs and so forth?
I don't believe so.
I think that area is supposed to be natural.
Uh the there is if you notice on the site plan that we have up now, uh on on the western portion of the property there is quite a significant patio so I imagine that that's where uh their their outdoor furniture would would reside okay and um I couldn't find it but what kind of restoration are they doing to remove invasive species uh removal by hand is the standard uh so that uh all the ivy along that bank is uh that's what they intend to remove?
That's correct.
Thank you.
All right and if there's no further questions anyone have a mo would like to make a message?
I saw a move receipt.
I'm I'm fine with it.
Yeah.
Second.
Okay.
And just for staff's benefit, is everyone sort of happy with the proposal or do they want to see any changes?
Or this is good.
Okay.
So I'm personally I'm not uh in favor of um uh the overhang there at the one meter.
Um I it's it really just an aesthetic thing and to uh you uh to do this just to keep the rain off the windows um uh where they're not using that uh that function or overhang for anywhere else.
Um yeah it it seems um excessive.
Okay, so how does everyone else feel about the overhang?
Yeah okay, so the majority of council is happy with the overhang.
So with that, I'll call a question.
All those in favor against carried.
John, are you in favor of the month?
I'm in I'm fine with receiving it.
I'll talk about it when it gets to council.
Okay, thank you.
So staffs, the next item is development permit, variance permit.
2021 02 number two governors point drive.
Thank you, Chair.
Again, I am sharing the presentation here.
So want to maximize my F five is not happy.
Nevertheless, I will carry on here.
This is a development variance permit for two Governors Point Road.
It is also like the last applicant last application under an R1 zone.
The properties on Governor's Point, as you may be aware, are quite small.
They're significantly smaller than is the minimum size for the R1 zone, which is again a thousand square meters.
As you can see here, is everyone hearing me okay?
I can hear Don.
Yes, we can hear you.
Okay, thank you.
Um so in the uh dashed line on this on this site plan, there is there is the existing deck.
You can see the outline of the existing deck, and the double line on the right hand side here is the proposed deck.
So a little bit uh under double the size to create a slightly more usable deck.
And uh the the area of the biggest incursion into the uh rear yard setback is is the stairs here that will go down into the yard.
There are no stairs down to the yard on the existing deck, and that is one of the things that the applicant wishes to include.
As you can see here, the deck is a little tight.
And we have the zoning regulation here.
So as you can see, the permitted rear yard setback is seven and a half meters.
Currently existing is eight meters, and the proposed would be 3.8 meters from the rear lot line.
The special setback, because this is close to the natural boundary, the existing stepback to the natural boundary is 22 meters.
The proposed is 20 meters.
So it is still quite far away from the natural boundary.
This is not an environmental development permit.
This is just a development permit, excuse me, development variance permit.
And uh to illustrate that, we're we're still 20 meters away from the shoreline.
To go back to this slide, you can see that there is an entirely disturbed area with grass in front of the house.
And so there would be no issue with uh tree removal or environmental incursion there.
So, really, the proposed works would add to the utility of the pro to the property, and it and it would not appear to unduly impact the neighbors' use or enjoyment of the properties.
The three closest property owners, 317 Busboro, one governor's point, and three governors point have all have all uh shown their support for the project.
Again, no impact to trees, no impact to um any undisturbed area.
It's just going to be built on lawn.
The staff believes that this is not out of character with the other properties and is supportive of the application.
And again, the next steps uh come forward to regular meeting of council on June 1st, 2021.
Thank you.
Okay, thanks, Jamin.
I understand I understand that the uh one of the property owner may wish to provide a few comments.
I believe they're on the call, yes.
Okay, so uh if staff could actually get them let them know they're available to talk.
Uh and thank you, Chair.
I'm just going to double check here.
We did have the caller in, but it appears that he has left the meeting.
Oh, okay.
It's probably not that necessary at this point, anyway.
So does anyone have questions of staff on this one?
No.
Okay, everyone's happy with the proposal?
I'll move receipt.
Second.
All in favor, against?
Carried.
Thank you.
Uh development permit.
202103 that uh for 2021 or 221 Atkins code.
Staff the presentation.
Thank you, Chair.
This is uh Jeff Chal from uh Senior Planner.
The uh screen the previous presentation is still on the screen, it looks like try to take control.
This is an application for an environmental development permit um to facilitate a uh subdivision for two additional lots and uh uh variances are requested for setbacks.
I'll try and switch the slide now.
Okay, this is the air photo that shows the uh one 1.28 hectare property.
Uh it's on two levels, uh separated by a sloped bank of about six to seven meters, so almost a one-to-one slope in places.
Um the uh lower level um backs onto the Mill Stream Creek and the property is is quite treed.
Uh on the north side of the property there was there have been two uh two landslides, uh one in 1973 and one in 2002.
Uh in 2003 the uh the slope was remediated and there's a geotech covenant on the property, so any new structures will require a geotechnical report.
This discussion covers the development permit area guidelines, the zoning, and we'll talk about next steps.
Uh this property is in two development permit areas, a natural water course and shoreline area, and the sensitive terrestrial ecosystem for the land portion of it.
Provides recommendations for tree protection, slope stability, sediment and erosion control, and uh and stormwater management in this case because especially because uh stormwater um could affect the uh stability of the slope.
Uh part of that submission included a geotechnical report uh which covered uh requirements for a safe geotechnical setback, and the Arbor's report also discussed tree protection boundaries for trees to be retained.
Um in terms of zoning, the the uh the proposal complies with the zoning requirements for lot area and lot width.
Uh variances are requested to vary the front yard setbacks for for lots one and two from seven and a half meters to two meters and five meters, respectively.
There's a plan that shows what the proposed subdivision could look like.
And there are multicolored lines here that show all the different boundaries of areas for different things.
So starting from the right, there's the streamside protection enhancement area boundary in the blue, and that's the area that's not to be disturbed by this development.
So the report recommends fencing of that property that along that line, and that will ensure that there's no kind of uh intrusions into that area.
Uh there's also an arburst boundary for a number of trees within the spia uh so that their root zones are not disturbed.
And the red setback is for the geotechnical setback.
And that's that's a distance setback from the top of the bank where uh buildings should not be located in in order to uh to for safety purposes.
Um the to compile with the zoning the seven half meter setback is shown in kind of the dark blue here and the the building envelope under the existing zone uh is shown in the uh the blue polygons for each lot here and it shows that they're really quite shallow and and without the variances uh lots two and three uh it would be difficult to build anything on them because uh especially not lot two uh where you have uh the uh the bank is quite close to the uh geotechnical setback there's not much opportunity for viewers on that property um so a variance to five meters from seven half meters is requested and uh the lot one uh is has a very narrow building envelope and that's why a larger um the variance is requested uh the issues that that staff see with this is that for lot one uh a number of trees would be disturbed one that was in the is in the building envelope four would have their root zones compromised by the building envelope and would have to be removed the extent of the front line set back from seven and a half meters to two meters is is uh quite uh quite significant because it leaves the site with not very much front yard and and no opportunity for uh vehicles to park in front of a garage um there's also uh the geotechnical setback here again is is against the uh right against the building envelope.
And I guess regarding parking uh there's insufficient area on site for vehicle egress without without backing out onto e onto Atkins Road.
Lot two again this illustrates the the uh very small rear yard that would be um available to the property if that's where the request variance requests is is uh a variance request of uh two and a half meters is proposed.
Um and again it shows that those are certainly areas where no structures not much alpha land is is is supported.
Uh the RAR report talks about a lot about managing storm water along the top of the slope here.
So um so work within that area has you really can't have structures or or paving or anything in that area.
So staff doesn't support this application in the current form.
Staff believes that one additional lot rather than two may allow a better response to the site constraints.
Although the building envelopes don't allow much rear yard by having two lots instead of three, uh then there would be opportunities for kind of wider side yards where where space can be used for living because a lot of the site is is uh is not buildable.
So comments are sought from the community whole in this proposal, and feedback would give the applicant an opportunity to amend or withdraw the application before it was for count for consideration by council.
And one of the important things to also sort out is whether storm water will discharge into the municipal storm drain on the road, and there's basically a ditch in front of the road, uh, which is at the road level, uh, or if a pipe is uh required, they would have to go through the development from an area into the creek, and that's something that should be uh looked at before uh before we go to council.
So the recommendation is to receive the report.
The applicant is online and uh is available for questions and may have some additional comments further to this presentation.
Okay, thank you, Justin.
So before we go to the applicant, I'll just go to members of the committee in case they need clarification in terms of your report.
So is there any questions for staff?
John?
I just have one just one question.
Yeah.
Have we anticipated um any future road widenings of Atkins?
Um I don't know what um it's a pretty narrow road as it is I'm just and I think in terms of the sidewalks would we uh be putting all the sidewalks on the opposite side or could there be a possible sidewalk on this side screw the chair um uh the area there there have been some road dedication uh on the other side of the street the width of the road the width of the paved area is quite narrow so there's not much shoulder on it uh but there is some additional space where there's some culverts on either side of the road and it's really quite treat but but there is there is additional boulevard beyond the edge of the pavement so with the uh development of the subdivision there would be some frontage improvements um uh and the uh intervening department can probably uh answer to that a bit with more authority than I can thank you all right so thank you uh Jeff um so for the applicant if you could just again give us your name and address and and you can uh provide your comments to the committee certainly uh through you to the chair um appreciate the opportunity to address uh the uh application tonight.
Uh am I coming through loud loud and clear?
Yes, we can hear you fine.
Thank you.
Excellent.
Uh did just want to address uh some of the rationale behind the application.
So in the uh in the committee package, I'll just take you to my uh my letter to the uh to count to Mayor and Council.
I'm just uh gonna bring that up on my end here.
Uh so uh as I was saying in my letter, I've owned uh my property at 221 Atkins Road for over over five years.
Um it is truly a remarkable location.
Um and this is an opportunity to to share it with people.
And hopefully um you know, had been looking at uh at retaining a portion of the property myself as I've had to uh relocate um uh for career reasons.
Um so when I was looking at this at this site and and reviewing the official community plan with the idea of uh subdivision and hopefully uh retaining uh ownership of of one of the lots.
I looked at uh maximizing the uh within the existing zoning, of course, uh within the official community plan, uh looking at maximizing the buildable area for for reasons of uh you know consistency with the official uh community plan and uh the directives regarding uh and uh guidelines regarding affordable housing and again looking at you know three three smaller lots in t of instead of two larger lots would have uh enabled uh you know potentially a more affordable uh point and uh point of entry for for people within the community so so that was uh the rationale there.
Um so really, you know, my own desire uh to retain a lot, and then uh which would likely be lot number one, uh, which as has been noted by staff is the most constrained.
Uh additionally, so I think looking at affordable infill, as I said, working within the existing zoning, and again uh enhancing environmental features, so uh really retaining as much of what I loved about, you know, what I love and loved about the site in terms of the the natural environment.
So again, using the existing large lot zoning, which is consistent for that area of Atkins, uh engaging uh the professional biologist uh to ensure that uh the environment was protected.
Again, on page two, affordability by design and infill housing, three smaller lots instead of two larger lots.
And again, enhanced financial sustainability for the municipality with additional taxation relative to what's there and relative to also what would likely be there for two lots.
So again, the property is well located for multimodal transportation with a bus route and quite good proximity to the galloping goose.
And then so moving on to the development permit area guidelines, analysis, and review again would be extending the sewer.
So there are there's this lot is presently serviced by septic, as are my neighbors.
I actually had uh communication from one of my neighbors recently that they uh were very interested as to when I would be extending uh the sewer, which would uh not only service them but also enhance the riparian area because then the septic would not be uh ultimately ending up there.
Again, uh having a defined SPIA and retaining as much of the existing uh healthy riparian area and consistent with the biological professionals enhancing the SPIA.
And then moving on.
So basically, all the recommendations of the consulting professionals have been upheld to satisfy the conditions of the development permit area.
Really, the only comments as have been tendered by staff are more related to the variances and the uh the aesthetic aspects of the lots, more so than the uh environmental aspects.
So to deal with the the aesthetics, I know the uh point around setbacks has occurred um just to note uh in the plans that the existing home is actually uh closer to the road than uh than both lots two and three being a distance of uh three and a half meters from the property line also um atkins road in this area uh actually has excess right of way relative to the standard to which it's being built uh bike lanes were never considered for this uh this corridor in the uh in the transportation study, and there's approximately four meters of excess uh right of way relative to the needs.
And the transportation study uh that the municipality commissioned identified that any uh pedestrian uh access uh would be on the north side of the of Atkins Road, not on this side, and that bike lanes were not indicated because of the proximity to the galloping goose.
Uh so you know, in summary, just uh again trying to align with the in the existing zoning and within the principles of the uh official community plan related to affordability and uh complying with uh all the geotechnical considerations that uh the professionals I've engaged have uh specified and uh maintaining and enhancing uh the uh environmental features of the site, including the spIAS.
So uh that's the uh comments I have uh at this time, but would be glad to take any questions.
Thank you, Mr.
McAllister.
What is the how do you feel about this committee?
Or do you have specific questions of the applicant or do we want to hold those off till a more formal presentation?
Sure.
I I don't have any specific questions right now except to um acknowledge a couple of points that um the applicant made.
One I um I I note you're offering up the old house um for for fire department training, and that's interesting.
And uh clearly it's a tricky piece of property, and and um I can understand how challenging uh the law one option is given the terrain and the the um the constraints of the property.
Um but no, I don't have any questions at this point.
Thank you i do i don't have any questions.
I I do share staff's concerns.
I I have uh some issue with that proposed variance going from 7.5 meters to two meters for the front lot line um and i i share what i think is staff's view that two lots would likely be far more suitable here than three so i have a lot of reservations moving forward about it okay damian i would encourage the applicant to continue to work with staff to come up with uh more desirable application and one that we could um work with a little more okay john oh yeah sorry.
Yeah, hello.
Um yeah, I agree with uh the staff's uh recommendation that the the current proposal is um uh needs a lot more work.
Um I think it should be uh two lots, not three.
Um the the constraints of uh the geotech um setback is is significant and the histories of slope failure is is known.
So um and uh the being I I don't like the two meter setback uh from the road, it's um it's that's too close.
So uh come back with a two lot proposal and we'll see how that goes.
Okay, so Ms.
Callister would seem there's a consensus from the committee that the two meters is far too close to the road and that you're better off going for two lots than three.
So with that uh recommendation to or the recommendation to receive the report.
So moved.
Second.
And so Mr.
All in favor, against carried.
I suggest you work with staff before you bring it back to the committee.
Thank you.
Certainly.
Thank you very much.
Okay, thank you.
West Park Lane.
Oh, just moving along here.
Development permit application 2021, 1910 and 1920 West Park Lane.
Thank you, Chair.
Jeff Jeff Chal again.
Uh this application is to amend the landscape plan that was previously approved for uh for this property, which uh which is council is aware houses is owned by the Capitol Regional District and Capital Regional Housing Corporation now, uh to vary the height of um retaining walls that have been constructed.
Uh when the development permit for the site was originally uh approved in 2019, uh it was sloping it was a sloping site, and the uh plan was to cut on the west side of the slope and fill on the east to create a level uh construction site.
During the construction process, it was found that the the uh the north, sort of the west slope was not very stable, and re retaining walls were put in to stabilize the slope.
This slide here shows the uh the approved landscape plan.
The original plan was that they would be cut slopes, and this revised landscaping plan shows the uh general location of the uh retaining walls on the uh on the uh west side of the property.
Uh in response to some of the visual impacts of the retaining walls uh were because lock blocks were used.
Uh the applicant has kind of reworked some of the landscaping, uh the main feature being adding a Lasitka spruce at the uh at the south uh southwest corner to sort of mitigate the impact of the largest wall.
And uh caching blue would would be provided for four trees that could not be relocated on the property here's some photos of the the north edge of the parking uh of the parking lot so these shows the uh the textured lock block walls that were put in and some landscaping uh areas would be placed kind of in behind that wall on the north slope and in behind you see uh see phase one and two of West Park uh by Lamona at the uh being under construction this is just taken last week this is a view of the west slope where where um more extensive uh cutting was made and because of the loose nature of the uh of the the slope um a higher retaining wall is put in with with some backfill and a number of field reports were submitted with the application that shows it was supervised by a geotechnical engineer and those things to stabilize the slope are in addition to the uh the retaining wall um a safety fence was put along the top and um and there's some mesh draping on the open uh on the on the higher slope there with areas for uh to uh catch any potential rockfall and uh some fencing along the uh along the property line.
And in this location here, as you can see, my mouse is the uh proposed location for the uh sitka spruce.
So Varis is requested to increase the permitted height of the fence on top of a retaining wall from two meters to six meters.
Um comments are that this these work are not visible from public road, including the Trans Canada Highway.
And although this wall would be visible from the uh adjacent property or units, number of units under construction, the top of the wall is below the grade of those units and would not affect their views, which would be over the site.
The retaining walls are required because uh uh complying with the zoning bylaw where we typically permit at most a one to one retaining wall terracing.
That only works for sites that are less than with a less than a one to one slope.
And in this case, what it would mean is chasing the slope would mean much more excavation to find a point where the retaining walls will hold the hills.
That's why one tall wall may be more appropriate in this location uh uh over time uh the next steps are that uh subject to any comments from the community as a whole, uh notification of the uh variance is required for properties um residents and owners within 100 meters of the property and issuance of the development permit would be subjected with uh with sealed plans and field review reports for all the retaining structures uh that would be submitted to the uh building official for approval and uh a building permit would be required for all the structures that weren't a part of the original uh building permits issued on the property so the recommendations to receive the report and if there's any questions I'd be happy to try and answer them.
Thank you, Jeff.
I I just had one question myself.
In terms of uh on the top of the wall, would it be possible to put some sort of planting that would uh hang you know grow on the other side of the wall but then hang down over top of it to sort of take away some of the massing of that uh through the chair that's we can um we can ask the the project landscape architect to consider if that's possible uh behind that tall wall there uh is um kind of a it was it's engineered to um by by in as part of the geotechnical port uh it was designed by an engineer to sort of uh for what was appropriate for the slope and we'll see if the landscape architect can come up with anything that can help soften the top of that wall.
Yeah, okay.
Again, I'm just thinking if you get get a plant that sort of hang hung over and grew down a bit, it would look a little better.
But Jerry?
Um, thank you.
Um, Jeff, just some a point of clarification for me, please.
And that is on well my slide number five, where you say a variance is requested to bury the permitted height of a fence on top of a retaining wall from two meters to six meters.
Would that six meters be the fence, or would that be uh the fence plus the wall?
Uh through the chair, uh it would be that chain-link fence.
If you can see it in this picture, the black chain link fence.
Uh the height of a height of a fence is measured to the base of the retaining wall.
So the fence itself is about 1.
Yeah 3 meters, whatever the height of a safety fence is.
Good, good, good.
Thank you.
Thank you, thank you.
Any other questions of staff?
John?
None on this side.
Yes, uh, a few questions.
So on the uh page seven, the uh the rendering that's provided at maturity, what's that black line?
If there's a black line that goes up the hill.
Oh.
That's a light light lamppost.
Okay, great.
Thank you.
Um will you know I I I do appreciate the um uh the need for future uh ensuring the rock stability.
Um has the ongoing blasting on site uh created any concerns for um increasing the issues of rock instability uh the chair um I'm not aware that the the blasting done for this project and the the the blasting that's currently underway on on the adjacent property uh are are to be supervised by geosynchrical engineers so um I would I would uh I can follow up with the applicant for that project.
Yeah particularly um um for whatever blasting or excavation may be necessary for the last uh phase where they're considering a high rise or you know six ten story whatever.
So it's it seems like there would have to be a a follow-up reassessment of the uh slope stability.
With the um uh the greening that we see here on on page seven is there a similar kind of greening that's going to happen with that long wall where the uh the parking is um on the north side uh through the chair the landscape plan does show some planting along the well I guess along the back of those retaining walls.
Right but if you could if you go up another page uh page four yeah so you're gonna see is that that rock there is that all going to be covered in green um through the chair uh there will be some landscaping there that would be above the level of the wall.
I don't know if they would cover the entire cut slope.
Yeah, it seems like it would be reasonable uh for them to do so to match the um uh the efforts that they're making on the north on the uh west wall.
Right.
We'll uh clarify that when it comes to council.
Thank you.
Is that it?
Okay, thank you.
Um so I hear there's general agreement that this council or the committee is satisfied with that.
Maybe with a bit of greening in a couple of other areas that make take away some of the massing, the look of the massing, but other than that, I think everyone is happy with it.
So a motion to receive is probably in order.
Second, all in favor against carried heat pumps in new construction.
So I was my colleagues there had me so enthusiastic I was thinking, geez, why don't we rather than wait for a number of months in terms of looking at new development, putting looking at sort of putting requirement for heat pumps now?
And then I had a conversation with Jane Devonshire, who just sort of pulled the rug right up from under me by advising that uh municipalities other than uh city of Vancouver probably don't have the authority to require heat pumps.
But she did point out how North Shore and West Vancouver have put in policies in place where they've limited the number of you know the CO2 emissions from new construction, so that to the point where um gas and oil were no longer an option, and they would have to go to some sort of electric geothermal or this.
And so, what I'd hope to do is today was just sort of strike to see if perhaps asking staff to take a look at what's being done in west uh west Vancouver and west and north Vancouver to see if there's something like that we could do here in View Royal.
Sorry?
Certainly um are you proposing for all new construction including you know um um density or single single family well I was just thinking all of all new constructions, because I'm sure in North Shore and I don't think you can do all new construction with heat pumps, right?
Like multi-unit buildings.
I don't know if you can.
I don't know.
And perhaps that's one of the things I would like staff to come back to to bring some information on.
I mean, I'm happy to refer it to staff for for their thoughts.
Yeah.
Yeah.
Yeah, initially I wanted to put a recommendation and just get us going right now, but I didn't think that was feasible.
So good to look at.
Good okay.
So with that comment chair, just a comment.
Yes.
Yeah, no, thank you, um uh Ron for putting this forward.
And yes, I'd um I'm also very supportive.
Um just like uh we've been able to verify or uh uh um require electric vehicle charging stations in new builds.
Uh does the municipality have the authority to require heat pumps and new single family dwellings?
Okay.
I don't know.
We need a motion received.
No, I I moved the I refer to staff and carry second.
Okay.
All in favor against carried?
No.
The other one is just sort of Eltham, Eltham Road.
Do I need to go somewhere?
You've already sold the house.
Okay.
In part this is just a discussion.
I mean, should I put my circumstances out there?
I know we we talked about this in terms of commercial areas, for example.
And I think in the the zoning for Eltham is first floor, commercial and staff, please correct me if I'm wrong.
And maybe maybe one or two stories, and there was a one story on top of that for housing.
And I'm just think so under the current zoning.
Although I think well, you might want to talk to yeah.
Anyways, that's my understanding.
But so I what I wanted to know is do we want to keep some in the future?
Do we want to keep a commercial component there as a way of enhancing what we're doing right?
You know, what happens in that area to include commercial?
Because we're some of the things we wanted to see in uh Fort Victoria, you know, are many, many years down the line.
And given some of the development that's just going on on in the corner there, there might be an opportunity to sort of link in with that, some sort of commercial development.
Speaking objectively, I I think you know, If there's interest being shown in Bure Oil, and if there's potentially interest being shown, say down down the island highway, I think it's um I I think we we require a little mingling areas, places for people to connect, and often that's coffee shops and and um service centers and and other kinds of businesses and grocery stores and whatever.
So um that makes sense to me.
Yeah.
Okay.
Again, my dead thought was if we on that in that street, we if we made it, you know, three story uh condos, we'd lose, you know, we just lose that opportunity.
And so I just wanted us to talk about it before something comes in and we you know it gets rezoned and we've and that opportunity is gone.
A comment?
John?
Yes.
You know it's I think that's a it's a timely question indeed.
We know that the the doctor's office is up for sale.
Wayne Pye has got his uh building uh ideas and um now it looks like there's buildings that have been um sold for proposal on on the north side and what we don't have is a comprehensive development plan.
I would hate to see just a piecemeal approach um as if only one portion one piece of property, and then here comes another and here comes another and and uh is there uh maybe the ship has already sailed on uh trying to get a proper egress and and parking options for um 298 Helmaken or Island Highway.
But um absolutely um I I would be really hesitant to look at uh any developments uh going on there unless we got a sense of the overall comprehensive plan that uh really speaks to uh a mindful planning that's uh in the town's best interest long term.
So we do have an OCP.
Um, you know, and I suspect those province properties have been bought and sold on the basis of our OCP, and we've got an OCP review coming up.
So I mean we could certainly look at that street specifically.
I d I don't know why you're suggesting right now.
I mean, how do you do a comprehensive area plan for one, two, three properties, four, five, six, three properties on either side of the street.
I mean, then it's not a lot of land.
I don't know, but it's probably easier to do that than it is a large area, because we can take a look specifically on that street and point out what we'd like to have it look like and how it would impact you know, the adjacent properties.
I guess I think the the other the other aspect in terms of the comprehensive plan is uh is assessing um how much build is going to be on that street and how the traffic egress will be out onto Helmakin uh and you know, without things completely backing up without any plan B, if indeed these the strata units and Lyons Cove are also expecting to go in and out of Eltham, and uh would this ultimately mean that we'd have to have a ride-in, ride out only for Health Eltham, which of course then has traffic flows for the rest of the community on Rudyard, Stormont, and Jedberg.
So the comprehensive plan is not only what what's being proposed in in a building size, but um thinking long term for the implications on traffic flows, again, which is part of the discussion that we had at the OCP planning last night.
So perhaps you could ask Lindsay about your thoughts.
I mean, in terms of what the current zoning is and what the OCP designations are.
Yeah.
And is it possible to make that a combination commercial residential zone?
Or no?
I think one side is.
But anyhow.
Thank you.
Thank you, um Council.
Zoning is OCP hit?
Um I'm actually trying to see the map in behind Sarah.
And the map tells me that the Elfum side is part of the um neighborhood node.
So the the South the South side.
And Sarah, is the north side of Elsom in a residential or is it in a do you want OCP or zoning?
Start with OCP.
MR and uh neighborhood mixed use on the southerly side.
Okay.
So the the the the southerly three properties are neighborhood mixed use which would accommodate a mixture of residential and commercial uses.
I would anticipate that that would be more likely to be commercial at grade, although that is not a certainty, in part because those are small lots and that is a very constrained area.
The north side of the street is designated for mixed residential, which theoretically could accommodate some kind of multifamily type use.
Could be townhouses, could be something slightly higher density than that.
The lots, again though, do have constraints in terms of the the just the depth and the amount of lot area available.
I think that one of the things that's important to remember is that our commercial areas need residential population in proximity to be successful.
And while we we absolutely love to see new commercial development, we don't necessarily want to see commercial development that is either going to sit empty for months and months, or will be uses that generate, for example, a whole bunch of traffic.
Doctors' offices, depending on the nature of the clinic, can result in exceptional transportation impacts.
So we do want to be very cautious about the types of commercial uses we want to see there.
But I would say that right now, our current OCP does include policy that will most likely get us what we want.
And staff are also very aware of the issue of leaving orphan properties through the redevelopment process.
And it is unlikely that unless three properties at a time are the subject of a rezoning application, that we would be incredibly warm and fuzzy about about an application because we are concerned about leaving orphan properties.
And and even if those orphans are are at either end, it still makes for a very hard transition between land uses.
And that's something that we're we're aware of and we we we generally as a planning principal we don't want to see.
So at this point in time I'm not sure that it's worth doing a great deal of work on six properties overall.
I think that through the rezoning process council has maximum flexibility and you always have the ability to say no if it's not something that meets your vision and objectives for that particular corner of your royal.
One of the problems is we don't have that vision set in our minds right now.
Certainly my concern.
What what is the current zoning for those six properties?
Sarah just told us.
No, we got told.
Sarah, what sorry, what's the what's the zoning on those ones?
Oh, that was OCP.
Right.
C one both sides.
Yeah.
So the reality is is what is C1?
Uh it it's a it's a commer it's a village commercial zone.
It has a narrow range of land uses associated with it.
And such a I'm just getting to that.
The most significant issue on these sites is, I think, going to be having enough lot depths to provide enough parking for any uses.
So the C1 zone is our community commercial zone.
The uses that are permitted are assembly hall, bakery cafe, civic use, community shopping center, financial institution, licensed retail store, medical clinic, mixed commercial and residential use, which is the the commercial grade residential above, office, personal service establishment, pharmacy, restaurant, or retail store.
The h the the floor space ratio on that is 0.8 to one, assuming they can do 80% underground parking.
Otherwise it's 0.7 and your building height is four and a half meters.
So kind of a it's not particularly high.
My my suspicion is that anyone coming in and looking at those properties will be seeking a rezoning.
Question?
John?
Yeah.
So um I'll I'll come back to it.
No, it's it's interesting to think what the possibilities might be for for buildings and whether commercial is is viable or not.
But you know what I would be really interested in is maybe looking at some different scenarios of what kind of uh development um might happen.
And again, uh what is the traffic assessment of those scenarios.
So if it was uh four stories on both sides with 120 units uh plus uh these townhouses plus e um Lions Cove, what um would that necessitate a traffic light at Eltham or whatever?
So um I really am wanting to learn more about the traffic impacts um on various scenarios if when staff does bring back a report, they give us assessment of uh what we could expect traffic-wise.
Well, at this point, staff hasn't agreed to we haven't asked staff to bring back a report.
John David?
Well, that was gonna be my point.
I mean, are we really gonna ask staff to do the hypothetical work of what?
And and to even further the hypothetically predict what the traffic flow might be and what the traffic we we have an OCP review coming up.
So if this is an area of special concern, why wouldn't we slot this into the OCP review?
Rather than single.
So would we single out one small piece of land within our community with six properties on it for a comprehensive plan?
I'm I'm sorry, I don't I don't get it.
I just don't get it.
I think just in terms of this one, we know that one side of the road is could change fairly quickly.
It would be a rezoning application.
I I know, so it'd be nice in advance to know what we want to we want in there before the application comes in.
Well, so we do have no motion on the floor as far as I know.
So maybe a motion should be on the floor.
Because we're debating nothing at the moment.
I just wanted to have that discussion to see what people if people are happy with what's currently in the OCP, that's fine.
I just wanted to bring this up now for discussion because this is the from my perspective, this is the time to have it before we go and get it.
You know, some guy spends thousands or hundreds of thousands of dollars on application for us.
Damien, I guess my question you put chair.
Okay.
I'll pass it on to Damien and you.
Thank you, Chair.
Specific to uh Eltham, which is what you brought up, uh my opinion is that I'd like to maximize that street since it's close to the island highway and transportation corridor, and um get as much out of it as we can in regards to commercial and residential mixed use, uh, particularly um on the side where there's uh ample interest right now from developers.
Okay.
All right.
Uh John Rosenberg has a comment.
John?
John R.
Thank you, Chair.
I I I just want to say that um trying to provide any kind of traffic information would be extremely problematic.
Um, not knowing the type of commercial developments, not knowing how many residential units it totally would change peak hour flows, certainly the traffic number trips, all of that.
So it would be at best an extreme guess.
And I I I would hesitate to say that in most cases it would not even give you an opportunity to I mean you could talk about you know maximum numbers of vehicles in a day, but that's about it.
So it it really would be difficult not knowing the types of developments or commercial that could probably go in there ahead of time to give you any kind of valid traffic information.
So I just thought you should know that.
Okay, thank you, John.
My my comment and I guess you know we're able to um assess sewer capacity.
Um, you know, when and and I think it's uh when we do traffic assessments, traffic reports, um, we have a fairly good idea how many um a four story or X number of units.
But if we want to wait until the OCP, next OCP, then uh we would just simply tell all the developers that are having plans for Eltham to wait until the next OCP until we get this sorted out.
But uh a comprehensive plan and knowing what the traffic implications, not site by site, piece by piece, and then suddenly we got a real nightmare on our hands, but we really have a responsibility to plan as best as possible for whatever the maximum development we expect in on ELSIM.
So what I'm not hearing is sort of unanimity in terms of wanting to look at that area in advance of projects coming who might want to come and redevelop.
Lynn's got her hand up.
Lindsay a note that almost all of the information suggestions that you're you're talking about are part of the rezoning process.
So all of this information would be available to you in the situation when you are being asked for your input and and and to be making a decision on an application.
So we we do require the transportation impact.
We do require the design.
We have a much better understanding of what the actual use is going to be so that we can we can develop a terms of reference for those reports that actually give us quality information.
Potentially site site.
And I would I would I would suggest that at this point in time, because we know that these properties are in play, that patience patience would be would be my my suggestion.
And you know, staff will continue to work with whoever comes forward with an application in order to bring something forward that we f we think meets the meets the official community plan.
And also I I think we have a fairly good sense of what council's interest um in this in this particular area is.
And we would certainly be pushing an applicant to bring something forward that that we think is going to satisfy those interests of council.
So, from my perspective, what I didn't want to see happen was someone come in with a proposal for a role of townhouses, if the committee or if council dis thought that having first ground level commercial was where we wanted to go.
So somebody would go to the trouble of doing all that investment if the direction of council is no, what we'd really like to see is a commercial node there.
And so that's probably where I guess I would like us to sort of have some thoughts about.
If you don't want that to be, if you don't think it's feasible to have a commercial node there with housing on top of it, and you just want it to remain commercial, or you want to just have housing on there, then I guess whatever's the current OCP is is fine.
But if the idea of this is a potential, a little commercial node for the community, then we should have that discussion.
And that's basically where it is before somebody comes in spending fifty thousand dollars or so on all these nice plans and we say, no, what we really want is a commercial on the main floor.
I think commercial is completely viable and and and something to be considered on the south side of Eltham, uh so that they feel like the south side of the Eltham and the north of Island Highway, you know, they they you do have a uh um a commercial block, and I think you can that that can be quite viable.
But um I I I take real exception to the suggestion that we would just do w piece by piece, and then suddenly at the end of the day, we realize that you know, holy smoke, the last person that's gonna put in the traffic is gonna bear all the costs of of whatever road improvements because they it is gone beyond capacity.
We are not planning this properly.
Well, I think I just wanted the big concept before we start worrying about transportation.
David.
So again, I would make the observation that we have no motion on the floor, and soon I'm going to make it a point of order.
Um we have heard from staff, and and we know we know factually the property consolidation is happening there right now.
So, talking about a piecemeal approach, we already rejected that two months ago when there was an application brought forward.
We all clearly said we wouldn't consider it, and I think we sent a pretty strong message that we weren't going to consider it piecemeal.
And so we know the property consolidation is happening on both sides of the street.
I think for us to say you have to have commercial on the ground floor.
I mean, is that viable?
I mean, surely that should be fleshed out in an OCP type review.
I mean, is it viable to say that's all we're going to allow there?
Um, I don't I don't get what we're what the angst is.
For six properties, um, I certainly don't get the traffic angst.
I think it's just way over the top.
Um, but I I just don't get what we're trying to do here.
Staff have assured us that they're very critically aware of orphan properties, that they're gonna work with applicants.
We could ask staff specifically to suggest to any applicant that they come forward early in the process before spending a whole lot of money.
But I don't see how council can dictate.
I mean, tell me where else we've done that in the town.
Do you want to actually pre-zone the properties?
Like put the zoning in place?
I you John, just well, I I mean that's part of what we can do as council.
If we decide an area is supposed to look like something, we can require it.
But that's what I'm asking you.
Do you want to pre-zone it?
Well, that's the only way you can do it.
Well, it's sort of already zoned that way now, except the height's a bit ludicrous.
If I may just parallel, can I just draw a parallel to uh number seven, number nine, Erskine Lane.
You know, the first thing we heard was number seven, but we never considered number nine.
But and then when number nine came along, we realized that and uh the residence of those concerns uh in that area.
He said, Okay, wow, we need a traffic uh circle in um yeah, and we never ever thought of having a traffic circle at uh that place.
So I I think my point is that the development plans need to be comprehensive.
Okay.
So if it's ridiculous, this is not meeting process.
If we want to somebody wants to put a motion on the def on the floor, then let's debate a motion.
I would move that we have a development comprehensive plan for the Eltham area.
Okay, and how would you suggest we pay for it?
Because it's certainly this year.
I think you know, I think there's enough staff expertise to um to be able to, and I'm not looking for a contracted uh wo uh process, but the staff have obviously some sense of what the developers are planning to do there.
And all I'm asking is that the staff are looking not at just one piece or one side, but in the comprehensive sense, uh they uh meet with all the developers that have an interest in that area, that they work out what kind of density, what kind of uh amenitive features, commercial, residential, whatever.
They work out the um uh you know, the and the traffic issues is significant because Helmigan is significant.
Helmicken backs up all the time, and there's a huge huge amount of flow.
We all know that Jetbird, we can't make left turns on Jedberg because the Helmican wasn't designed properly.
So we got a problem that we nay we don't want to exasperate.
Okay, I certainly understand your motion, and you've explained it at David's request.
Does we have a seconder?
I'm too close.
I'm too close.
Okay, so I don't second it because that's you guys there's not a lot of interest.
I just do want to point out that by our not having sort of ducks in a row now is gonna cause some grief further down the line.
But so with that, a motion to I guess we don't even have a so that motion will okay.
All those in favor?
Of what?
Of John's motion.
Who seconded it?
Yes, we didn't second it.
Okay.
I was going to, but for discussion, but I can't.
You can't, you can't, you're you're over seconded.
Okay, so with that, uh we're just having the discussion.
So sure.
Are you seconding it for discussion or oh this I'm going home, you guys?
This is just nuts.
I mean, this is just just a terrible way to be running our town and conducting business.
No, it is.
It it is honestly absolutely ridiculous.
I'm trying to find I just asked the simple question: if are people interested in having a closer look at this before proposals come in.
But you're not giving any specifics on what you want.
So if we John has just decided that staff can do this on the side of their desks somehow in the next few weeks, there's no money in the budget for it.
Um, we have an OCP review coming up.
We have properties that have just been bought and sold on the basis of our current OCP, and we know there are people working on applications with staff.
You have staff assuring you that they're very aware of orphan properties, etc., and giving us confidence.
And I just don't get what you're trying to do.
We can't just say we would like to see.
We have to have an open mind to whatever application comes in for rezoning.
We can't just date unless we pre-zone the properties.
Um, you know, about height and density and traffic flows and so forth, uh, we have a good idea about this.
This is only planning.
And if town got the John, no one's seconded a motion waiting to I know I'll forget it we have the special counsel meeting well I'm gonna go soon right if we don't draw this to a close somehow I mean just refer it to staff for a quick two two page report back or something.
All right I'm happy with that someone second that motion I would second that motion because on this oh I'm too close to it I'm I'm not I'm I'm perfectly content with like any rezoning in town of it coming forward in due process.
I d I don't know what the the interest is in Elfham all of a sudden.
I think there are opportunities.
Okay, so staff could just talk next week.
Just give me an idea what sort of the potential interest, what we could do with commercial there.
I'd appreciate that.
Fairly simple item, whether how viable it is.
And with that, I will pass on.
Is there a motion to that effect?
Do I need a motion to that?
Staff have already indicated that the um development of an area plan is not recommended.
My my concern at this point is if this project becomes a project, it is going to interfere with other priorities that council has already given staff.
Which project?
Ethan.
This point I understand is that there isn't enough interest in making this a project.
So I just like before these projects come up.
Well, I just I I hear what you're saying, uh, Councillor Manson and Councillor Rogers.
Uh, but I I think uh the reason I'm not seconding this, and just to try to conclude this conversation, we will be addressing this with the OCP review.
I think that's very safe to say that um we we've made a point tonight that this corridor and this neighborhood is very important for uh for council.
Um and I agree with that, and I think there's huge potential.
So that's where I'll leave it.
And my my final comment on this is that um these properties, Eltham Lane, all this will be done before the next OCP.
Unless of course we're gonna have a moratorium that they will not be allowed to build.
They're going ahead.
They're gonna have this done before the next OCP.
John, this committee that this part of the committee is over, this one.
It's gone.
Nothing's gonna happen there without a rezoning application.
Okay.
So it's not.
Well, I guess Councillor Kowalewich, we've done the tree bylaw, obviously, but you have um traffic safety on Burnside Road West, the email there.
I'd like to call the meeting of transportation committee to order.
It's not even nine o'clock, and we're still at the and uh we do have you say there was one uh one letter on there?
No.
Okay.
So that from that was one that I somebody sent us.
Yep.
And they seem to make a very viable point that in some places where there isn't enough road, the road isn't wide enough or the lane wide enough for uh automobiles and cyclists to sort of be in line that the basically the signage they would like to see signage where they had I don't know this cyclist or the car following the cyclist or something and and basically I just wanted to get staff's input on those type of properties where should we be encouraging cyclists especially given our discussion yesterday of the hierarchy of where you know pedestrians cyclists and then automobiles are for those really narrow roads should we be encouraging cyclists to as I think they legally are supposed to drive in the middle of that that lane with the automobiles following them until they hit a wider component part where it's safe for them to ride on the side.
Okay.
Uh Director Rosenberg.
Thank you, Councillor Kowalowicz.
Um, we have had a look at this, and and certainly what the individual is recommending is within reason from a signage perspective.
Um the particular area he's talking about does cause some concern for me in that um as much as the rider will see the sign and be very appreciative and take the middle of that road and be um legally able to do so, um, the driver is going to basically ignore that sign and go around that cyclist and hit the middle center line and well over into the oncoming lane, in which case when the vehicle that comes up over the hill that they can't see comes at them, they're either going to hit that other vehicle or swerve back and hit the cyclist.
So I think he's 100% correct with regards to the signage.
But in the way it's currently, there's not such an empowerment to the rider, so they tend to stay towards the shoulder and the vehicles still go around them, but they straddle the center line and kind of work together.
The minute that cyclist says, Hey, there's a sign that says the middle of the road is mine, they'll take it, and then the drivers will, I don't think, sit as they climb the hill doing you know 10, 12, 8 kilometers an hour.
If it was me, five.
Um, and out of frustration, they'll go around that cyclist who's in the middle of the road.
So, by all means, we can change those signs, but I I I do have concerns that the cyclist will feel empowered and put himself in an unsafe situation even though he's entitled to that situation but uh he is correct so um if council would like we can uh take a look at those signs and I I'm not sure if we'd switch them but we will look at them uh and uh change that sign to the appropriate signage if council would like wrong wrong driver okay um I I think um director rosenberg speaks wisdom there I'm wondering if if um perhaps you could have a conversation with Mr.
McKean or get back to Mr.
McKean.
I certainly could do that, uh counselor.
I can't believe I'm I'm having a mental block here.
Um yes, I I certainly can Counselor Levin um engage the individual person and if he's adamant that he wants that sign for that empowerment, then he's legally correct and we can do that, or I can have that conversation about my concerns.
Uh and if that suffices, then we can go from there.
Yeah.
Super.
Okay.
Yes, okay.
Yeah, I'm I'm concerned about the safety aspects, even though um what may be um uh legally correct, uh the realities are the drivers will um put themselves and others at risk.
Um maybe not aware, but um I I think it's uh it's too risky.
I wouldn't support it okay i'm not sure if we're um in a position to direct uh move proceed that's fine but okay um move receipt from uh mayor screech do I have second question thank you um all in favor opposed that's carried um we've received the report and we'll uh wait to hear how things go uh with director rosenberg thank you has called all right your worship thank you.
So lastly, um, for any public who may still be watching.
Um probably falling asleep by now if you were.
But this is question period.
So it's the opportunity to ask a question on an issue that was on the agenda tonight or an issue or a question about anything, really.
So this is your opportunity to call in.
Um, so we'll just pause for 30 seconds and give you that opportunity to call in.
And then we have a special council meeting.
Yeah, well.
We just have to adopt it, right?
I said you almost missed it.
Well, I almost missed the special council meeting, yeah.
Staff reminded me.
So staff, do we have any callers on the line?
Your worship at this time we do not.
Okay, thank you.
So we'll close question period and ask for a motion to terminate.