Minutes of a Council Meeting held Tuesday, May 6, 2014

MINUTES OF A COUNCIL MEETING

HELD ON TUESDAY, MAY 6, 2014

VIEW ROYAL MUNICIPAL OFFICE - COUNCIL CHAMBERS

PRESENT WERE: Acting Mayor, Councillor Rast Councillor Mattson Councillor Rogers Councillor Screech

REGRETS: Mayor Hill

PRESENT ALSO: K. Anema, Chief Administrative Officer S. Jones, Director of Corporate Administration J. Beauchamp, Director of Finance J. Rosenberg, Director of Engineering J. Chow, Senior Planner J. Davison, Planner E. Bolster, Deputy Municipal Clerk

10 members of the public 0 member of the press

1. CALL TO ORDER

Acting Mayor, Councillor Rast called the meeting to order at 7:00 p.m.

2. APPROVAL OF AGENDA

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT the agenda be amended to include items 8 (a-c) and 11 (b);

AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Council meeting held April 15, 2014

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT the minutes of the Council meeting held April 15, 2014 be adopted as presented. CARRIED

b) Minutes of the Public Hearing held April 15, 2014

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT the minutes of the Public Hearing held April 15, 2014 be adopted as presented. CARRIED

4. MAYOR'S REPORT

5. PETITIONS & DELEGATIONS

a) D. Little, Partner and J. Rowe, Principal, Hayes, Stewart, Little and Company, Re: Presentation of the Draft Financial Statements for Year Ended December 31, 2013

Mr. Little provided an overview of the financial statements for the year ended December 31, 2013.

Council and Mr. Little discussed the accumulated surplus.

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT the financial statements for the year ended December 31, 2013 be approved. CARRIED

6. PUBLIC PARTICIPATION PERIOD

a) M. Brennan, 2 Game Road, questioned Council in regard to the 2014 budget, specifically the average tax increase to single family dwellings; total expenditures on and funding source for 2014 grants-in-aid; and the use of casino revenue in the 2014 budget.

Mr. Brennan discussed the speed of traffic on Watkiss Way due to its design as almost a secondary highway and suggested that in addition to sidewalks, that Council consider traffic calming in the area.

He questioned the use of zoning to prohibit the growing of medical marijuana in all land use zones.

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Development Variance Permit No. 2013/05 – 256/258 Plowright Road

1. Report dated April 22, 2014 from the Senior Planner.

The Senior Planner gave an overview of the report to Council.

Council and the Senior Planner discussed screening and fencing; driveway width and siting; and the retention of trees and outbuildings.

2. Comments from the Applicant
3. Comments from the Public
4. Correspondence a) Email dated May 4, 2014 from L. Vasey, 34 Fenton Road, Re: Development Variance Permit No. 2013/05 - 256/258 Plowright Road

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT the email dated May 4, 2014 from L. Vasey, 34 Fenton Road, Re: Development Variance Permit No. 2013/05 – 256/258 Plowright Road be received. CARRIED

b) Letter dated May 6, 2014 from R. Steer, 250 Plowright Road, Re: Development Variance Permit No. 2013/05 – 256/258 Plowright Road

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT the letter dated May 6, 2014 from R. Steer, 250 Plowright Road, Re: Development Variance Permit No. 2013/05 – 256/258 Plowright Road be received. CARRIED

c) Email dated May 6, 2014 from H. & D. Hitchcock, Re: Development Variance Permit No. 2013/05 – 256/258 Plowright Road

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT the email dated May 6, 2014 from H. & D. Hitchcock, Re: Development Variance Permit No. 2013/05 – 256/258 Plowright Road be received. CARRIED

MOVED BY: Councillor Mattson SECONDED: Councillor Screech

C-75-14 THAT Development Variance Permit Application No. 2013/05 be approved with the following variances to the Land Use Bylaw, 1990, No. 35 as per the plans attached to the April 10, 2014 report from the Senior Planner titled “Development Variance Permit No. 2013/05 – 256/258 Plowright Road”:

1. Proposed Common Property Vehicle Access: a. Variance to the location of a driveway crossing from an adjoining lot boundary from 1.5m to 0m b. Variance to the location of a common property intended to provide vehicular access from an existing side lot line of the parcel being subdivided from 9.0m to 0m.

2. Proposed Strata Lot 2: a. Variance to the Rear Yard from 7.5m to 3.9m.

3. Proposed Strata Lot 4: a. Variance to the Rear Yard from 7.5m to 6.3m b. Variance to the Side Yard from 2.2m to 1.9m c. Variance to the Combined Side Yard from 6.6m to 6.0m d. Variance to the Accessory Building Setback from Any Lot Line from 6.0m to 0.3m e. Variance to the Accessory Building Setback from the Front Lot Line from 7.5m to 4.4m. CARRIED Councillor Rogers voted in the negative

b) Form and Character Development Permit No. 2014/04 – 280 Wilfert Road

1. Report dated April 29, 2014 from the Planner

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-76-14 THAT Development Permit No. 2014/04 be approved as per the plans attached to the report dated April 29, 2014 from the Planner titled "Form and Character Development Permit No. 2014/04 – 280 Wilfert Road". CARRIED

c) Application to Amend the Liquor Licence at View Royal Casino – 1708 Island Highway

1. Report dated May 2, 2014 from the Senior Planner

MOVED BY: Councillor Screech SECONDED: Councillor Mattson

C-77-14 THAT the application to amend the liquor licence at the View Royal Casino – 1708 Island Highway be supported. CARRIED

d) Zoning and Medical Marijuana

1. Report dated April 22, 2014 from the Director of Development Services

The Planner gave an overview of the report to Council.

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

C-78-14 THAT the growing, storing, processing, testing and distribution of cannabis in all zones in the new Zoning Bylaw be prohibited with the exception of industrial zones. CARRIED

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

a) Recommendations from the Special Budget Committee of the Whole meeting held April 15, 2014

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-79-14 THAT in addition to the $15,000 listed in the 2014 draft budget for a pedestrian crosswalk at Watkiss Way and Marler Drive, $25,000 be included in the 2014 budget for pedestrian improvements on Watkiss Way;

AND THAT staff bring forward a report to Council describing proposed pedestrian improvement expenditures for the $25,000 based on priorities in the area. CARRIED Councillor Mattson voted in the negative

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-80-14 THAT an additional $11,000 be included in the 2014 budget for signage kiosks in up to three locations within View Royal;

AND THAT the installations of the signage kiosks be conditional upon interest from the business community. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-81-14 THAT an additional $12,000 be included in the 2014 budget for the installation of a trail and bench in Mellor Park. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-82-14 THAT the 2014 Financial Plan and Tax Rates Bylaw be prepared and brought to Council for readings consideration based on the budget meeting deliberations to date. CARRIED

8.3 OTHER REPORTS

9. CORRESPONDENCE

9.1 FOR ACTION

9.2 FOR INFORMATION

a) Letter dated April 17, 2014 from L. Barnes, Administrator, West Shore Parks and Recreation, Re: West Shore Parks and Recreation Society – Audited Financial Statements

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT the letter dated April 17, 2014 from L. Barnes, Administrator, West Shore Parks and Recreation, Re: West Shore Parks and Recreation Society – audited financial statements be received for information. CARRIED

b) Letter dated April 15, 2014 from R. Lapshinoff, 2558 Magnum Place, Re: Improvements to Address Safety Concerns on Watkiss Way

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT the letter dated April 15, 2014 from R. Lapshinoff, 2558 Magnum Place, Re: improvements to address safety concerns on Watkiss Way be received for information. CARRIED

10. BYLAWS

a) Bylaw No. 887, 2014 – Financial Plan Bylaw

1. Report dated May 1, 2014 from the Director of Finance
2. Financial Plan Bylaw No. 887, 2014 A Bylaw to Authorize the Financial Plan for the Years 2014-2018

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT Financial Plan Bylaw No. 887, 2014 be given first, second and third reading. CARRIED

b) Bylaw no. 888, 2014 – Tax Rates Bylaw

1. Report dated May 1, 2014 from the Director of Finance
2. Tax Rates Bylaw No. 888, 2014 A Bylaw to Levy Rates for Municipal, Regional District and Hospital Purposes for the Year 2014

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT Tax Rates Bylaw No. 888, 2014 be given first, second and third reading. CARRIED

c) Bylaw No. 889, 2014 – A Bylaw to Expend Monies in the DCC Park Improvement Reserve

1. Report dated April 28, 2014 from the Director of Finance
2. Development Cost Charge Reserve Fund Expenditure Bylaw No. 889, 2014 A Bylaw to Authorize the Expenditure of Monies in the DCC Reserve Fund (Park Improvements)

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT Development Cost Charge Reserve Fund Expenditure Bylaw No. 889, 2014 be given first, second and third reading. CARRIED Councillor Mattson voted in the negative

d) Bylaw No. 890, 2014 – A Bylaw Relating to the Rates for the Collection and Disposal of Residential Garbage and Household Food Waste

1. Report dated April 28, 2014 from the Director of Finance

The Director of Engineering spoke to Council in regard to the extension of the contract for residential garbage and household food waste.

Council and the Director of Engineering discussed options in regard to the waste collection system.

2. Collection and Disposal of Residential Garbage and Household Food Waste Bylaw No. 745, 2009, Amendment Bylaw No. 890, 2014 A Bylaw of the Town of View Royal Relating to the Rates for the Collection and Disposal of Residential Garbage and Household Food Waste

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT Collection and Disposal of Residential Garbage and Household Food Waste Bylaw No. 745, 2009, Amendment Bylaw No. 890, 2014 be given first, second and third reading. CARRIED

11. NEW BUSINESS

a) Capital Region Emergency Services Telecommunications (CREST) Incorporated 2014 Annual General Meeting

1. Notice dated April 24, 2014 from G. Horth, General Manager, CREST, Re: CREST 2014 Annual General Meeting

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT Councillor Heidi Rast be appointed as the Town representative to the CREST 2014 Annual General Meeting to be held May 21, 2014. CARRIED

b) Proposed Closure of the Victoria Youth Custody Services Centre

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT citing cost savings and under-utilization as the rationale, the Provincial Government has recently announced the proposed closure of the Victoria Youth Custody Services Centre located in the Town of View Royal;

AND THAT this is the only provincial youth custody facility on Vancouver Island, closure will result in all young offenders remanded or sentenced from Vancouver Island courts being removed from their family and community supports to custody facilities on the Lower Mainland or elsewhere in the Province;

AND THAT there are no custody facilities for women on Vancouver Island, resulting in all female offenders who are remanded or sentenced from Vancouver Island courts potentially being temporarily held in local police cells and subsequently removed from their family and community supports to custody facilities on the Lower Mainland or elsewhere in the Province;

AND THAT the Capital Regional District appoints representatives to sit at the Youth and Family Justice Committee, many of whom represent municipalities, to consider and address current issues impacting youth and families involved in the Youth and Family Court system;

AND THAT reasonable access to family and community supports is integral to rehabilitation planning for Vancouver Island youth and women in custody;

AND FURTHER BE IT RESOLVED THAT a letter be sent to the Minister of Children and Family Development, requesting that the Victoria Youth Custody Services Centre remain open and, further that the Provincial Government consider re-purposing a part of this facility to include female offenders remanded in custody from Vancouver Island courts. CARRIED

12. QUESTION PERIOD

a) M. Brennan, 2 Game Road, questioned Council in regard to the status of the policy to transition funding of the Greater Victoria Public Library and West Shore Parks and Recreation from Casino funding to property taxes in the 2014 budget and in prior years.

13. MOTIONS & NOTICES OF MOTION

14. CLOSED MEETING RESOLUTION

MOVED BY: Councillor Rogers SECONDED: Councillor Mattson

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)(j) and Section 90 (2)(b) of the Community Charter. CARRIED

15. RISING REPORT

16. TERMINATION

MOVED BY: Councillor Rogers SECONDED: Councillor Mattson

THAT this meeting terminate. Time: 8:29 p.m. CARRIED

MAYOR CLERK