Council Meeting

Thank you very much.

Um, and good evening.

Um, I'm calling this council meeting of March 1st, 2022 to order.

Um, first up, we recognize the Lekwungen speaking people, known today as the Esquimalt Nation and Songhees Nation, and our connections to these lands continue to this day.

We're grateful to live and work on the unceded traditional territories of the Esquimalt Nation and Songheese Nation.

The town of View Royal is located on the homelands of the Esquimalt Nation and Songhees Nation.

This evening we will hear from the public who telephone in during the public participation and question period portions of the agenda.

If you're wishing to provide your comments to council regarding the development variance permit application for 2679 Myra Place.

Please note that there will be a specific time to speak to this application when that item is considered during this meeting.

If you wish to provide comments by telephone, call 778-402-927.

And when prompted, enter conference ID 846-561-719 pound.

And that information will be up on the screen and on your on your web platforms at the appropriate time.

Please do not unmute until asked at the appropriate time in the agenda, as I said, I will then announce the last four digits of your phone number, ask you to mute the live webcast to avoid feedback, ask you to not use speaker phone to ensure sound quality, and ask that you unmute yourself by pressing star six.

To begin, please indicate your name and address for the record.

Speakers will have five minutes each to speak during public participation and two minutes to ask a question during question periods.

You will be timed.

So I'm just going to bring up the agenda, which is disappeared.

Okay.

So do we have a motion to approve the agenda?

Simove.

Second.

Second.

It's carried.

And uh minutes for the 2020 uh the the February 16th special council meeting and of the February 15th.

Move adoption of both.

Second.

Just to comment, uh your worship.

Um I do know that on February the 15th, I was wondering if we did have a horizon report on the advisory committee appointments, and indeed I see we did.

So okay, great.

This is covered.

Um mayor's report.

Um, well, briefly, um, my name is Jerry Lemon, Councillor Jerry Lemon, and um I'm here in the state of Mayor Screech, who um is on compassionate leave this week.

Um in my three three and a bit years on council, I think this is the second time that the mayor has not been in attendance at council.

So this is my first council meeting, so I've I beg the indulgence of my colleagues and of the public.

Um but I but I do want to say in in this this um difficult global time and with hearts on the other side of the world right now, um it's it's a real honor and privilege to be in this safe place right now, and um I'm very honored to be chairing this meeting.

So um we have no petitions and delegations tonight.

And public participation is there anybody in the audience if would like to speak that separate from the Myra place um item on the agenda.

And there is not uh staff do we have any callers for public participation.

Your worship we have no callers for participation at this time.

Okay should um Sarah should I wait a few minutes just let it let it go okay okay um we have no business arising so um and that's my agenda's disappeared again okay so we are at reports staff reports the development variance permit application for 2679 myra place uh staff thank you worship jeff chow senior planner um i am just bringing up the slideshow now uh the purpose of this development vermit variance permit application is to vary the lot width to um permit a boundary adjustment for a uh for a barrel and straddle lot on my replace and this property is a little bit unique in that it's a hooked parcel that means it's in two pieces as uh shown on the uh on the diagram there uh it's accesses from myra place because it is part of the barreland strata property myra place is a private road um this property has a house on the uh west uh part of the parcel on the other side of Galloping Goose accesses on the via the east uh piece of the parcel between Myra Place and the Gallup and Goose Regional Trail and that's a private lot it's private access um the only um statutory right-of-way on that property is for the power lines that uh the power line that and poles that run along the uh the east side of the property.

So it is a private property for which there is no public access.

Um the purpose of the the uh lot boundary adjustment is to accommodate a transfer of uh 250 square meters of the parcel to the uh adjacent parcel at 2675 my replace.

So the existing lot line is the solid and the new lot line would be the dashed line as shown here.

And to enable that, a lot variance is requested to um relax the required lot to width from uh 17.5 meters.

Actually, uh actually it's meant to be uh 15 meters, actually, 15 meters to 6.3 meters.

Uh the proposal can be supported because there will be no streetscape impacts because the property is on a private strata road.

Uh access to the property is maintained, and the strata corporation has provided written approval.

And again, I want to note again that this is a uh a private access.

There's no public access over this property to the to the Gallup and use.

So the recommendation is to um approve the application.

And the applicant is, I believe, was intending to attend tonight in person.

And uh if there's any questions from counsel.

Thank you, Mr.

Chow.

Colleagues, any questions off staff?

Customer Rogers.

Yes, thank you.

Staff, you raised the point that the properties are a private strata road.

What's interesting is that I know that the neighborhood area there uses the driveway to access the Gallican Goose Trail.

Through your worship.

Um for development variance application, uh variance permit application, it's it's different from rezoning, it's not really a negotiation kind of item.

Uh I have spoken with the the property owner regarding the reasons why they have um note that it's private property, and uh if Mr.

Harding is present, he may be able to explain more.

I'm sorry, I just missed that last comment.

I did too.

Yeah.

And if Mr.

Harding is present, he may be able to explain more, right?

Or I can convey what was indicated to me.

Okay.

All right.

Mr.

Hardy.

Hi, is Mr.

Harding.

You can you can you can relieve your remove your mask if it's more comfortable for you to see?

Is this on?

Is this on?

Okay.

Yes.

So the question was uh to do with access.

Yes, uh if I may address the applicant, your worship.

Um so I understand public access uh is uh um happens where people want to uh uh gain access to the uh Galloping Goose Trail.

Uh and um I'm just wondering in this this process um if you've given any thoughts about continuing to allow uh the public that accessories I haven't refused the uh public access to it yet.

I've been advised by my insurance company that I must post the property as um private property and no trespassing.

Um however um the numbers are increasing significantly.

Um three times last week there was over 120 people coming and going on the path per day, and considerably more on the weekend.

Um caused any problems except left some dog problems.

Um and um occasionally people will park on the property, um, and then I have to go down and and ask them not to do that because what happens is then many people want to park on the property.

I don't let people in the strata park on the property unless uh they come and get special permission from us.

And the reason for that, there again is that people have come to believe that it's parkland.

Right.

At the time of the original uh subdivision, 30, I think the application was 37 years ago, um, there was an access on that property to the Galloping Ouse.

But it was through the Department of Highways, and they said, no, we don't want that because they also own the Galloping Goose.

And at the time they didn't want public access because they didn't know what they're gonna do as a property.

As it's turned out, the Galloping Goose has been become very, very popular and um is used a great deal.

And uh until something can be done on Atkins Road to get up to the goose because it's so narrow and it's very dangerous.

I'm not adverse to letting people use it.

But I'm I'm a little bit worried about liability.

So I don't I don't know what kind of gets me between a rock and a hard place.

However, uh I at this point I don't have any reason to change our present use of the property.

Okay.

So and it'll never be built on.

So it's not like it's going into somebody's yard.

So you know, uh we'll we'll allow it to happen until uh circumstances change.

So does that answer your questions?

It does.

And and um I'll I'll speak to that in general um with comments, but I really appreciate you coming tonight and and uh also informing us.

Thank you very much.

Um did you have any questions, Castle?

Um Mr.

Harding, did you have did you have any comments further that you wanted to do we we have you on the agenda is comments from the applicant if you have any?

Um none more than what I've said.

I I think it really has to do with uh the access that people want.

And our I know that the fire trucks have on occasion used the property on the roads built for it, but they're loath to do that on a regular basis.

Um, but it's available to them, and that's what the 6.3 will allow.

So greater than the you know the six meters is what a truck needs to get by.

And that won't change uh as part of this new development.

Okay, thank you, sir.

Thank you.

Thank you.

So members of the public, is there anyone here that would like to speak?

And please give your name and address.

Yeah, good evening, uh acting worship and council and staff and public.

Uh my name's Don Brown.

I will live at uh 199 Atkins Road, which is a 14-unit townhouse complex.

And even though I'm 70 years old, I'm one of the younger ones in the complex.

And I know there's about a half dozen people from the complex, including one lady with a stroller, that does use the access to the galloping goose on that property.

And I appreciate Mr.

Harding's concern.

I would be concerned too if people were driving up there and you know taking their bike off a bike rack and biking into work and that kind of thing.

I can understand that totally.

I know there's at least two, there's 13 houses on Myra Place, and I know at least two of the properties there, they use that access on a regular basis as well to the galloping goose.

The um roadway on Atkins Road, if you're familiar with it, it's it's very, very narrow.

Uh it's only like a foot wide in some spots, and there's just some deep ditches, and it's very poorly lit as well.

Um, and I know myself, I've been there since 2005.

When I was working, I'm happily retired now, but when I was working, I actually used that access myself on Monday to Friday on a regular basis.

Um, you know, just you're straight up there and you're up the trail and you're gone.

Um I know hundreds, if not thousands, of people go past that property on on uh Myra Road every day.

So it's not a uh uh to me, it's not an issue of volume.

I certainly understand you don't want a big sign there saying access to galloping goose trail, but really you're dealing with uh the people from 199 Atkins Road and the and the 13 residents on on Myra.

I understand council can't uh force that or say you have to allow access.

I understand that.

Uh but that access, of course, uh gives Mr.

Harding access for fire, police, ambulance.

And I know when I worked for the C or D that parks used it occasionally as well to groom the trail and take garbage off the trail.

So from what he said tonight I'm very happy what he said because I know the in the future council's got some plans to potentially put some sidewalks in.

And I think once that's done, certainly my wife and I would would use the sidewalks we wouldn't even bother using that.

But I know there's some people now using it now for safety safety reasons.

I know once about three or four years ago, I didn't see a person with the bike rack parking there on a daily basis, but they've since gone.

So um I guess people in the neighborhood were just getting a little bit concerned because they got this big no trespassing signs.

And some of the older people saying you know, we don't want to do that, and they're walking along that unsafe portion of Atkins Road now.

But if I what if I understand what Mr.

Harding said, and of course we don't want big signage there saying this is the access to the trail, but up with an understanding that uh, you know, neighbors, which and we are neighbors, uh, can access that until such time as the sidewalks or the access on Atkins Road is approved.

Again, I know this council doesn't have that power, but just his his word that that would be continued would would make me happy.

The actual changing of the property line, I think it's a great idea, because that piece of property is not used for anything right now.

And I understand the fellow that's that's taking it over wants to build a garage there, and I think that's great because it's it's it's a useless piece of property now.

And my in my estimate by the way I see it anyway.

Okay thank you thank you very much questions okay anyone else wishing to speak to this to this matter no okay um just I I've just a question of of you Mr.

Harding um you you said 120 people access the trail have accessed or recently accessed the trail through that that bit of your property that's a current D and E average.

Right.

Okay.

So that would be more than local people by the sounds of it.

Oh yeah.

And um it's often the think that it being 60 people coming in going.

So it's it's not 120 people, it's 120 passes back and forth.

Okay.

Yeah.

Because of that.

But on weekends we came because you know picnics on the front, and you know, sure it's obviously going up when the family comes and doesn't because even if posting up in the tree notice the post.

Sure.

Sure.

So okay, appreciate it.

Okay.

Uh chart char limit.

When when members of the audience speak, they should be going to the podium so that the um the sound system will pick up what's being said for audience members.

You're right, thank you.

Appreciate it.

If I may comment about the um access to the goose by members of the public, there is no statutory right-of-way that gives us a right to have that access.

So technically those that do access the goose at that point are trespassing.

And if council wants to see something done uh in terms of regularizing that access, it's probably something that should be done through the CRD.

Right.

Okay.

Yes, that makes some sense.

So yeah, if my question to its staff on that point, um, the the whole complex marketplace is a strata property, isn't it?

That is correct.

Right.

So that the even even the access from Atkins up to the driveway is in a form of trespass without permission of the strata.

Okay.

That's correct.

Yeah.

So and and staff have staff researched the titles of the common property, the property today.

There are no statutory right of points or easements that permit public access.

Yeah.

And that would also be a reflection on the time at which this particular subdivision was uh was was done, which predates the incorporation of the town.

Yeah.

If I may another question you make so how did how would you think um it's possible that the CRD could assist in um in this matter for gaining some access to and from the Gallup and Goose.

First, I think that that's beyond the scope of a development variance permit application.

So I I do I do I do need to note that.

Yep.

I think that that would be something that perhaps uh council and the residents of the area would need to request.

It is not un it is not unheard of, but it would require agreement of the strata to do that.

And there are pros and cons to allowing that kind of access, in particular over private property.

And council has received much advice from staff on the on the issues and concerns that go along with that um over over time.

So um it so it it is possible that that is something that the CRD might pick up the ball and run with or it is also possible that we will continue to um yeah implement various uh active transportation strategies et cetera and the town itself will will facilitate sidewalks etc where they are needed so there are any number of of possibilities that could happen in the in this particular um neighborhood yeah thank you uh thank you for your indulgence okay okay your your pleasure council oh yes.

Thank you.

Thank you uh staff, do we have any callers on this matter?

Your worship, we don't have any callers for the for it this time.

Great.

Thank you.

Okay, great.

So I would move staff segmentation.

Second.

Okay.

And in speaking to this, um, I I appreciate Mr.

Harding and the public coming.

Um I totally agree with Mr.

Brown.

The um uh this is a very reasonable application to make.

It's a it's a it's a win-win.

Um and uh in in respect to the other matter that has nothing to do with the the uh the application, I also um have to say I appreciate Mr.

Harding's um uh flexibility.

I also appreciate the liability and the insurance aspects uh and um sometimes the presumptuous nature of individuals that don't live in the neighborhood uh that can ruin it for everybody.

Um but um I I know that um the town takes active transportation, walking, cycling very seriously, and and I hope that we can move quickly and get Atkins Road a solution to everybody.

Yep.

Thank you.

Okay, over some paper.

Motion's carried.

Thank you, sir.

Thank you, those that came to speak.

I'll move a seat of the uh correspondence.

Okay, thank you.

Appreciate that, counselor.

Second.

And uh that's carried so moving on uh to what have we got last.

This drives me crazy, this particular ipad holder i have okay uh next up ubcm emergency operations center grant application approval move that staff's recommendation okay second second okay those in favor motions carried uh item c under reports uh tree protection bylaw 1069 in stream application status.

You want to hear from staff?

I am um i've got the report, but i do have a um uh i don't know if i don't the report's pretty self-explanatory, but um with just um uh a question, uh it sounds like um uh council does have uh the uh the the discretion and to to consider um those things that might be in stream.

Um can staff think of items that are in stream um right now that probably are too far along for for this uh new bylaw or amended bylaw.

Director Rosenberg?

Thank you, worship uh through to Council Rogers.

Uh we don't have a um specific list, but we did take into account current applications and we did work this report out with uh development services.

Um and uh between those two processes, we didn't see anything that would be um let's say uh outside of the scope that should be maybe considered um keeping in mind that reasoning and ocp amendments aren't included in this area so it's just current in stream locations that uh um are currently underway okay any other questions okay that's fine thank you do we have a motion to receive this okay second all those in favor motions carried uh item d appointment of chiefs chief election and deputy chief election officers move staff's recommendation second favor well this is easy uh motion is carried uh congratulations to those people uh can we give the whole resolutions uh so i would move the uh financial deliberations with respect to the arts, the public arts component.

Yeah, second.

Okay.

Here we go.

There's only three of us.

And correspondence.

The first one, do we want to yes?

I have speaking notes on that, your worship.

Yes.

For West Shore Parks and Rec?

Yes.

Oh, I'm sorry.

Other I'm I skipped right over there.

Thank you.

Yes.

Yes, please please speak to this.

One moment.

Uh this is for the West Shore Parks and Rec uh board meeting.

Yeah.

Thank you, Worship.

Uh, as you know, I represent the town of View Royal as the vice chair on the West Shore Parks and Recreation Board of Directors.

Uh at our last uh meeting, we uh have some updates involving after school care um bus route changes.

Uh some staff shortages have caused us to uh make some adjustments with uh the bus routes for children.

Uh the society still suffers from some staffing shortages as uh much of Canada does, and we're working diligently to recruit new employees.

Uh in addition, the strategic uh plan and priorities continues to move forward and is nearing completion uh as we continue to update that.

Uh, furthermore, the uh the 2022 budget has been approved by all municipalities at this time.

So uh that's good news.

Thanks very much.

Yeah, appreciate that.

Yeah, just as a comment, um I I appreciate um uh the board and um staff's efforts on the various challenges of you know wear and tear and and staffing issues and and still keeping the services running for the community.

Well done.

A lot of the employees have now been cross-trained in different jobs and responsibilities, uh, particularly during the pandemic, and that is continuing to serve the society well moving forward.

Uh they like many local municipalities, are suffering from employees also leaving to other REC centers in in the CRD.

Challenging times.

So we know that we know that exists and it's uh it's certainly happening everywhere.

The uh if I and of course also may um uh note on um the Friday night youth drop in.

Thank goodness.

Um, I don't know, you may not uh recall, but uh um the shoreline community school used to have that uh and it was exceedingly popular with and particularly a terrific resource to uh our First Nations um neighbors.

Um but um that that eventually evolved away, and maybe it was because it was on in a school um facility.

But uh, I'm so pleased that the West Shores has picked that up and provided that again, critical service to the young people.

Every month the staff at West Shore Parks and Rec also provides an update on diversity, equity, and inclusion, including uh local indigenous uh populations and other populations in need that are offered special services uh at different rates to promote uh physical literacy as well.

Yeah.

Great.

Terrific.

Thank you.

Thanks very much.

Okay, um moving on, and uh now we're into um what are we into?

Correspondence.

Okay, so uh the letter from Mr.

Flynn um requesting reconsideration of tree removal at 1947 Highland Road.

I see that.

I wonder if I I do have some questions to staff, if I may.

Yeah.

Yeah.

Mr.

Rosenberg, thank you for your your notes and response back to the resident suggesting that there could be some pruning to lift the branches up off the roof.

And I I was wondering, um, do we have a sense?

I couldn't tell from the pictures how close the tree is from the foundation.

Um it is fairly close.

Um our our um Arborist said it is within a few feet.

He wasn't sure um if there was causing any issues with the drains or the foundation.

That's typically why we asked for a follow-up report to be submitted so that confirmed because the tree does appear to be healthy, it's more of a nuisance.

Um so from a nuisance aspect, because it's just bothering the deck and the roof, we felt that pruning would be appropriate.

And if he uh takes the next step to uh engage an arborist andor uh a drain company to to let us know that the roots are actually interfering with his foundation or drain, then that's usually when I would grant the permit.

Yeah, in that situation.

Yeah.

Uh yeah, that I I I concur.

I um I understand, I get um the concerns of the resident, but to to be sure I think an arbor support um is is important and I would recommend uh and support the uh staff's uh suggestion to the resident that he he get an arbitration support uh investigate so I and that's that is what um the um what I understand the uh applicant is is wondering about if if he needed to get an arborst report and I say yes.

Um question counselor um director Rosenberg would when you're uh you recommend an arborist report also to determine whether the routes are going into interfering with the drains?

Certainly.

I mean, when we go out it it's a fairly quick.

I mean, the permits are free and our are our arborist is there for 10 or 15 minutes.

It really is just a case of is the tree dead or is the tree alive or is there something there that would lead him to believe that there's a significant issue?

And upon inspection, it looked healthy.

Um, and he himself in his email to us noted that uh there may be an issue there, but again, he's not spending a lot of time, nor is he paid to spend a lot of time to do that extra work to confirm that.

So that's why staff generally uh suggests uh an arborist report where they would come in and do a detailed review of the tree and and look for those types of issues to make it certain that the tree does indeed need to be removed and not just pruned.

Okay, well, I can I can imagine that that uh the roots growing in it interfering with the perimeter drains would be a top concern for him um so good advice so so the the property owner knows he can prune the branches and if he needs to go further he'll he can take that decision then right okay otherwise I move receipt of the uh this question second second okay um it's carried and uh next letter from yep move received and it's very nice that they thanked us okay second it's carried uh okay we're now we're into bylaws we have uh checkout bag regulation by law.

I move adoption of uh 1087.

Second.

Okay, all right.

And uh that adopted um the uh residents uh should know that is it on Earth Day?

Is it April 22nd?

April 22nd.

Chair, that is the effective date, and we will now that it is adopted, uh, begin by sending out information packages and the promo bag to uh the select businesses where we've identified that their businesses would likely be bag bag related businesses and uh and give them that information package and also begin to promote it online.

Okay, there you go.

So the bag experience will be changing it.

Um local commercial outputs.

It it will, and we're pleased with that.

And you will also see it on our Facebook, Twitter, and our website once we're comfortable in knowing that the businesses have been advised and received their package.

I'd like to let the businesses know first.

Certainly.

Certainly.

Yes.

And the town of View Royal has some wonderful new bags themselves that we will be promoting this initiative with.

Amendment bylaw number 1088.

Yeah, give me your move good.

I second.

Okay.

Carried and fees and charges by law.

By law to amend fees and charges bylaw nine five eight.

Similar.

Okay.

Second.

All right.

That's 1089.

Yeah, okay.

And do we have any new business?

Uh and here we are.

Very close to the end of the meeting.

Okay, question period.

We're at question period.

So anyone here have any questions.

That's a no.

Okay, staff.

Uh do we have any callers for question period?

Your worship, we don't have callers for question period.

All right, so I'm going to I'm going to wait a few seconds just in case there's some interest in bags or my replace or tree removal or um or the west shore January meeting.

So I understand that staff need to read the uh the closing meeting resolution.

Yes, yeah, yes.

So any callers, staff.

Your worship, we didn't get any extra callers yet.

All right, thank you very much.

And uh so moving on to the um closed meeting resolution, and that will be read by um I I will be pleased Jones.

I will please be pleased to read that for you.

There's 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, subsection two of the community charter shall be excluded on the basis of section 90 subsection 1K municipal service.

Okay, thank you very much.

Um and go straight home.

And that's it.

We're going to move on here.

Thank you very much.

And we're um terminating terminating the meeting.