COUNCIL REPORT: DISPOSITION OF PARK LAND TO THE CAPITAL REGIONAL DISTRICT THROUGH AN ALTERNATIVE APPROVAL PROCESS
Staff report seeking council approval to initiate an Alternative Approval Process (AAP) for the disposal of four Town-owned properties to the CRD to be added to Mill Hill Regional Park.
TOWN OF VIEW ROYAL COUNCIL REPORT
TO: Council DATE: March 31, 2022 FROM: S. Jones, Corporate Officer MEETING DATE: April 5, 2022
DISPOSITION OF PARK LAND TO THE CAPITAL REGIONAL DISTRICT THROUGH AN ALTERNATIVE APPROVAL PROCESS
RECOMMENDATION:
THAT Council establish the elector response form as provided as Attachment “B” to the Corporate Officer’s March 31, 2022 report entitled “Disposition of Park Land to the Capital Regional District Through An Alternative Approval Process”;
AND FURTHER THAT Council establish a deadline of 4:30 p.m., Tuesday, May 24, 2022 for receipt of elector responses;
AND THAT Council confirm 9,655 as the total number of electors of the area to which the approval process applies.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation.
PURPOSE OF REPORT:
To seek Council approval of the alternate approval process for disposal of park land to the Capital Regional District and provide the required bylaws for readings consideration at the appropriate time on the agenda.
BACKGROUND:
Mill Hill Regional Park is an extensive park (71.33 hectares or 176.25 acres) owned and managed by the Capital Regional District (CRD) (see Map 1 below).
The Town and the CRD have been in discussions about the disposition of four Town-owned properties for $927,500 to the CRD that are adjacent to Mill Hill Regional Park (see Map 2 below). These properties would be beneficial to officially consolidate under the Mill Hill Regional Park umbrella given that CRD Parks is a well-equipped agency to manage and maintain these large areas of public, undeveloped, forested, and challenging terrain. Through CRD ownership, the land would be retained in perpetuity for public park purposes, under a Land Title Act Section 219 covenant.
Map 2
Two of the four properties are fee simple titles (A and B on Map 2) while the other two (C and D on Map 2) are currently held as dedicated park land and are the main subject of this report.
DISCUSSION:
The Community Charter (sections 26 – 30) regulates how municipalities are to deal with the disposition of property, including park land. The Community Charter provisions apply even though the disposition in this case would be to another public body and for the same public park usage to continue.
For any disposition of park land, Council may do so by bylaw adopted with the approval of the electors (section 27(2) of the Charter). Approval of the electors can be obtained through either an assent process (voting) or an alternative approval process (section 84 of the Charter). The alternative approval process is recommended and is detailed in section 86 of the Charter (see Attachment “A”).
The bylaws which are the subject of the alternative approval process for the park land disposition are included on this April 5, 2022 Council meeting agenda and are named Disposition of Park Land Bylaw No. 1090, 2022 and Disposition of Park Land Bylaw No. 1091, 2022. They are on the agenda for consideration of first, second and third readings at the appropriate time on the agenda.
With respect to the alternative approval process, Council is to:
- establish the elector response form developed for this process (see Attachment “B”) – which can be and are combined for the subject bylaws;
- establish a deadline for receipt of elector responses; and
- determine the total number of electors of the area to which the approval process applies.
It is proposed that the deadline for receipt of elector responses be 4:30 p.m. on Tuesday, May 24, 2022 and that 9,655 be the total number of electors of the area to which the approval process applies. This figure represents the Town’s estimated 2022 population minus those under voting age – the subject bylaws are not restricted to a local or neighbourhood service and so the entire Town and thus all of its electors must be considered part of the area to which the approval process applies. If 966 response forms – ten percent of 9,655 electors – are received from electors by the deadline, approval of electors with respect to proceeding with Bylaw No. 1090 and Bylaw No. 1091 will not have been obtained through the alternative approval process.
The required Notice of Elector Alternative Approval Process is provided for information (see Attachment “C”).
A timeline for this process is as follows:
| Proposed Activity | Date |
|---|---|
| 1st, 2nd and 3rd readings of Bylaw No. 1090 and 1091 by Council | Consideration at April 5, 2022 Council meeting |
| Notice of Elector Alternative Approval Process in newspaper | April 13 and 20, 2022 |
| Deadline for receipt of elector responses at least 30 days after 2 ad runs | May 24, 2022 at 4:30 p.m. |
| Determination & certification of elector approval by Corporate Officer | May 25, 2022 |
| Follow-up report to Council | June 7, 2022 |
| Notice of Disposition in newspaper | June 15 and 22, 2022 |
| Consideration of adoption of Bylaws No. 1090 and 1091 by Council | July 5, 2022 |
As required by the Community Charter, proceeds from the sale of the park land would be placed to the credit of a reserve fund for park land acquisition.
RECOMMENDATION:
THAT Council establish the elector response form as provided as Attachment “B” to the Corporate Officer’s March 31, 2022 report entitled “Disposition of Park Land to the Capital Regional District Through An Alternative Approval Process”;
AND FURTHER THAT Council establish a deadline of 4:30 p.m., Tuesday, May 24, 2022 for receipt of elector responses;
AND THAT Council confirm 9,655 as the total number of electors of the area to which the approval process applies.
SUBMITTED BY: S. Jones, Corporate Officer
REVIEWED BY: K. Anema, Chief Administrative Officer
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