MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, FEBRUARY 5, 2013

MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, FEBRUARY 5, 2013

VIEW ROYAL MUNICIPAL OFFICE - COUNCIL CHAMBERS

PRESENT WERE:

• Mayor Hill
• Councillor Mattson
• Councillor Rast
• Councillor Rogers
• Councillor Screech

REGRETS: (none listed)

PRESENT ALSO:

• S. Jones, Director of Corporate Administration
• L. Chase, Director of Development Services
• J. Rosenberg, Director of Engineering
• J. Chow, Senior Planner
• J. Cochrane, Executive Assistant
• 22 members of the public
• 0 members of the press

1. CALL TO ORDER

Mayor Hill called the meeting to order at 7:00 p.m.

2. APPROVAL OF AGENDA

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT the agenda be amended to table items 8.1(a) to a future meeting of Council;

AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Council meeting held January 15, 2013

MOVED BY: Councillor Mattson SECONDED: Councillor Screech

THAT the minutes of the Council meeting held January 15, 2013 be adopted as presented. CARRIED

4. MAYOR'S REPORT

Mayor Hill gave an update on the Capital Regional District (CRD) budget process, the search for a CRD Chief Administrative Officer replacement, and new CRD appointments for 2013. He also shared a letter and artwork from a young resident, requesting playground equipment in Portage Park.

5. PETITIONS & DELEGATIONS

(n/a)

6. PUBLIC PARTICIPATION PERIOD

a) J. Jakobson, 59 Fenton Place, requested that Council consider allocating capital funds for playground equipment in Portage Park. b) G. Graham, 25-118 Aldersmith Place, spoke in regard to public participation and community engagement. c) S. Dana, 311 Stewart Avenue, spoke in regard to democracy and suggested that if a playground is installed in Portage Park, that it provide opportunities for parallel play. d) D. Critchley, 132 St. Giles Street, spoke in regard to issues with Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 823, 2012, including amendments to time limits for public participation; website posting of full agenda packages; and website posting of draft minutes. e) B. Stavdal, 137 Kingham Place, indicated his support of the comments by G. Graham and D. Critchley and also noted that the issue of care homes is a demographic matter that other municipalities have considered in the past. f) R. Haimes, 306 Bessborough Avenue, spoke in regard to a letter submitted concerning the removal of deceased deer from private property.

7. BUSINESS ARISING FROM PREVIOUS MINUTES

(n/a)

8. REPORTS

8.1 STAFF REPORTS

a) Development Permit Application No. 2011/12 — 231, 235, 237A, 237B and 241 Island Highway Item tabled to a future Council meeting

c) Development Permit Application No. 3060-20-02/05 (637644BC Ltd. — 207 Hart Road)

1. Report dated January 31, 2013 from the Senior Planner The Senior Planner gave an overview of the report and addressed landscape maintenance, storm sewer maintenance, and access issues.

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT the report dated January 31, 2013 from the Senior Planner titled "Development Permit Application No. 3060-20-02/05 (637644 BC Ltd. — 207 Hart Road)" be received. CARRIED

b) Development Permit Application No. 2012/10 — 1649 Lloyd Place

1. Report dated January 10, 2013 from the Senior Planner The Senior Planner gave a presentation regarding the development including an overview of the list of proposed variances. Council questioned whether or not the new covenant area would be accessible to the public and discussed the requested height variances.

2. Comments from the Applicant B. Kang, applicant, discussed the land tenure. P. Misra, Misra Architect Ltd., spoke about the purpose of the requested variances.

3. Comments from the Public a) S. Kobrinsky, 1650 Lloyd Place, discussed her concerns with the development, including parking, height of buildings, and lack of invasive species removal. b) J. Charle, 1617 Lloyd Place, discussed the need for the Town to set a precedent for the first CD-18 development in that nothing be varied, and his opposition to increased density. c) D. Nelson, 1609 Lloyd Place, discussed his opposition to the setbacks and height of buildings, noting his concern that the variances could potentially increase the opportunities for secondary suites to be constructed in the residences. The Mayor asked that comments focus on the development permit application and variances requested only as density was considered at the time of rezoning. d) L. Allan, 233 Anya Lane, questioned whether or not it was the responsibility of the strata to ensure there is proper fire access to the development. e) R. Tacoma, 224 Hart Road, discussed the proposed covenant areas, RV parking and his opposition to the height variances. The Director of Development Services discussed RV parking vis a vis the use of land. f) S. Dana, 311 Stewart Avenue, questioned the responsibility of the Town to accommodate a developer with variances.

4. Correspondence a) Email dated January 15, 2013 from B. Fetherstonhaugh, Re: Development Permit Application No. 2012/10 — 1649 Lloyd Place

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT the email dated January 15, 2013 from B. Fetherstonhaugh, Re: Development Permit Application No. 2012/10 — 1649 Lloyd Place be received. CARRIED

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT Development Permit No. 2012/10 be approved; AND THAT Development Permit 2012/10 include the following:

• setback from exterior property boundary adjacent to residential use for Blocks A & D from 7.5m to 6.4m;
• variance to the maximum building height for Block A from 7.5m to 9.0m;
• variance to the maximum building height for Block B from 7.5m to 10.1m;
• variance to the maximum building height for Block C from 7.5m to 8.6m;
• variance to the required number of recreational vehicle parking spaces from three to zero;
• variance to the required number of buildings per parcel from one to four;
• condition to require a covenant to preserve additional land in a natural state prior to building permit issuance; and
• the recommendations and Tree Protection Plan in the Arborist's report. DEFEATED Mayor Hill, Councillors Mattson, Rogers, and Screech voted in negative.

d) UBCM Craigflower Bridge Replacement Project Agreement

1. Report dated January 29, 2013 from the Chief Administrative Officer

MOVED BY: Councillor Screech SECONDED: Councillor Mattson

THAT the Town of View Royal authorize execution of the Regionally significant project. Tier 1 and 2 strategic priorities fund and/or innovations fund funding agreement under the agreement on the transfer of Federal Gas Tax revenues for Craigflower Bridge Replacement Project as attached to the January 29, 2013 report from the Chief Administrative Officer. CARRIED

8.2 COMMITTEE REPORTS

a) From the Committee of the Whole meeting held December 11, 2012

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT the following policies be removed from the Policy Manual:

• Policy No. 300.1 Agenda;
• Policy No. 300.2 Ethical Standard of Conduct of Elected View Royal Officials;
• Policy No. 300.3 Meetings, Closed Sessions;
• Policy No. 300.9 Access to Information;
• Policy No. 300.10 Agendas, Copies of Other Commissions and Committees;
• Policy No. 300.11 Intermunicipal Committee;
• Policy No. 300.12 Individuals or Delegations to Council;
• Policy No. 300.13 Late items to Council;
• Policy No. 300.14 Standing Committee and Commissions, Public and Press Invited;
• Policy No. 300.15 Minutes Available in Library, Copies of; and
• Policy No. 300.16 Council Agenda, CRD Report on. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT Capital Regional District Parks be requested to provide clarification regarding plans for pedestrian crossings of the E&N Trail in Portage Park. CARRIED

8.3 OTHER REPORTS

a) Minutes of the West Shore Parks and Recreation Society Board of Directors Meeting held December 13, 2012

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the minutes of the West Shore Parks and Recreation Society Board of Directors meeting held December 13, 2012 be received. CARRIED

b) Minutes of the Greater Victoria Library Board meeting held December 11, 2012

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the minutes of the Greater Victoria Library Board meeting held December 11, 2012 be received. CARRIED

c) Minutes of the Capital Regional District Board meeting held January 9, 2013

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the minutes of the Capital Regional District Board meeting held January 9, 2013 be received. CARRIED

d) Minutes of the Capital Regional District Board Committee of the Whole Meeting held January 9, 2013

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the minutes of the Capital Regional District Board Committee of the Whole Meeting held January 9, 2013 be received. CARRIED

e) Minutes of the Capital Regional Hospital District Board meeting held December 12, 2012

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the minutes of the Capital Regional Hospital District Board meeting held December 12, 2012 be received. CARRIED

9. CORRESPONDENCE

9.1 FOR ACTION

a) Letter dated January 31, 2013 from J. Jakobsen, Re: Allocation of Capital Funds for Children's Playground in Portage Park Council discussed the potential inclusion of adult equipment and the need to look at the request in the context of a larger playground equipment plan for the entire municipality.

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT the request for a children's playground in Portage Park be referred to the Parks, Recreation and Environment Advisory Committee. CARRIED

b) Email dated January 29, 2013 from L. & T. Wickett, Re: Installation of BC Hydro Smart Meters

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT the email dated January 29, 2013 from L. & T. Wickett, Re: installation of BC Hydro smart meters be received. CARRIED

c) Letter dated January 11, 2013 from H. Davies, Superintendent, Coastal BC Field Unit, Parks Canada, Re: Fee Proposal for Fort Rodd Hill and Fisgard Lighthouse National Historic Sites

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT the letter dated January 11, 2013 from H. Davies, Superintendent, Coastal BC Field Unit, Parks Canada, Re: fee proposal for Fort Rodd Hill and Fisgard Lighthouse National Historic Sites be received; AND THAT a letter be written to express grave concerns that increased admission prices will make attendance at Fort Rodd Hill and Fisgard Lighthouse National Historic Sites prohibitive for families. CARRIED

d) Email dated December 30, 2012 from G. & A. Robson, Re: Speed Humps on Stormont Road

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT the email dated December 30, 2012 from G. & A. Robson, Re: speed humps on Stormont Road be received; AND THAT G. & A. Robson be advised that the issue of traffic calming, including speed humps, has recently been referred to the Town's Engineering Department for the development of an appropriate approach. CARRIED

9.2 FOR INFORMATION

a) Letter dated January 29, 2013 from D. Critchley, Re: Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 823, 2012

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT the letter dated January 29, 2013 from D. Critchley, Re: Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 823, 2012 be received for information. CARRIED

1. Letter dated January 31, 2013 from the Director of Corporate Administration to D. Critchley, Re: Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 823, 2012

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT the letter dated January 31, 2013 from the Director of Corporate Administration to D. Critchley, Re: Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 823, 2012 be received for information. CARRIED

b) Letter dated January 23, 2013 from L. Carswell, Re: Lions Cove — 290 Island Highway

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT the letter dated January 23, 2013 from L. Carswell, Re: Lions Cove — 290 Island Highway be received for information. CARRIED

c) Letter dated January 10, 2013 from T. Lake, Minister of Environment, Re: Letter of December 4, 2012 from the Town of View Royal

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT the letter dated January 10, 2013 from T. Lake, Minister of Environment, Re: Letter of December 4, 2012 from the Town of View Royal be received for information. CARRIED

d) Letter dated January 4, 2013 from Hon. M. S. B. Jaffer, Q.C., Senator for British Columbia, Re: Senate Human Rights Committee Study on Cyberbullying

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT the letter dated January 4, 2013 from M. S. B. Jaffer, Q.C., Senator for British Columbia, Re: Senate Human Rights Committee Study on Cyberbullying be received for information. CARRIED

e) Letter dated January 2013 from M. Tracey, Executive Director, Wood WORKS! BC, Re: Municipalities Intention to Choose Structural and Architectural Wood Products for Future Building Projects

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT the letter dated January 2013 from M. Tracey, Executive Director, WoodWORKS! BC, Re: Municipalities Intention to Choose Structural and Architectural Wood Products for Future Building Projects be received for information. CARRIED

10. BYLAWS

a) Noise Control Bylaw, 2003, No. 523, Amendment Bylaw No. 852, 2013

1. Report dated January 31, 2013 from the Chief Administrative Officer

MOVED BY: Councillor Rogers SECONDED: Councillor Mattson

THAT the report dated January 31, 2013 from the Chief Administrative Officer titled "Noise Control Bylaw, 2003, No. 523, Amendment Bylaw No. 852, 2013" be received. CARRIED

2. Noise Control Bylaw, 2003, No. 523, Amendment Bylaw No. 852, 2013 A Bylaw to Amend the Noise Control Bylaw, 2003, No. 523

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT Noise Control Bylaw, 2003, No. 523, Amendment Bylaw No. 852, 2013 be adopted. CARRIED

b) Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 823, 2012 A Bylaw to Amend Procedure Bylaw No. 677, 2007 Council discussed the following amendments to Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 823, 2012:

• to leave the speaking time for individuals during Petitions and Delegations at Bylaw No. 677's existing fifteen (15) minutes;
• to leave the speaking time for individuals during Public Participation at Bylaw No. 677's existing five (5) minutes;
• to increase the total amount of time in Bylaw No. 823 for Public Participation to thirty (30) minutes; and
• to remove "All operational items are to be referred to staff." where it appears in Bylaw No. 823.

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT third reading of Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 823, 2012 be rescinded. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 823, 2012 be given third reading as amended. CARRIED Councillor Rogers voted in the negative.

c) Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000, Amendment Bylaw No. 854, 2013 A Bylaw to Amend Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000, Amendment Bylaw No. 854, 2013 be given first, second and third reading. CARRIED

11. NEW BUSINESS

a) Demonstration Native Plant Garden in Portage Park

1. Estimated Costs for Proposed Demonstration Native Plant Garden in Portage Park

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT a 2013 grant-in-aid in the amount of $600 be provided to the University of Victoria's Natural Restoration of Natural Systems Program for a demonstration native plant garden in Portage Park. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT the meeting be extended to 10:30 p.m. CARRIED

12. QUESTION PERIOD

a) S. Dana, 311 Stewart Avenue inquired about the status of the E&N Railroad. The Mayor described required railbed improvements, funding, and the desire to renew a passenger service. b) L. Pakos, 336 Glenairlie Drive, inquired about the communication of Procedure Bylaw time limits to speakers prior to beginning their comments.

13. MOTIONS & NOTICES OF MOTION

(n/a)

14. CLOSED MEETING RESOLUTION

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT there is a need to have a meeting closed to the public and persons other than the immediate members of Council, officers and employees of the Town, and those identified under Section 91 (2) of the Community Charter shall be excluded on the basis of Section 90 (1)(g) and Section 90 (2)(b) of the Community Charter. CARRIED

RISING REPORT (n/a)

15. TERMINATION

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT this meeting terminate. Time: 10:43 p.m. CARRIED