DISPOSITION OF PARK LAND TO CRD BY AAP (Presentation)

Park Land:

Property C

• Section 98 Esquimalt Plan EPP55963, Dedicated Park,
• 0.2 ha (0.49 ac),
• $34,450

Property D

• District Lot 98 Esquimalt Plan EPP71784, Dedicated Park
• 1.6 ha (3.95 ac)
• $206,680

DISPOSITION OF PARK LAND:

• By bylaw with approval of electors (Community Charter, s. 27(2))
• 2 bylaws on agenda for consideration of 3 readings this evening
• Approval of electors by either assent (voting) or alternative approval process (AAP) (Community Charter, s. 84 & 86)
• AAP recommended

ALTERNATE APPROVAL PROCESS:

Council is to:

• Establish elector response form (Attachment “B”)
• Establish deadline:
  • Tuesday, May 24 at 4:30 p.m.
  • At least 30 days from last notice
  • Notice as per Community Charter, s. 94 & 94.1, Attach. “C”
• Determine total number of electors
  • Area the AAP applies is all of the Town
  • Number of electors in that area = 9,655 (estimated 2022 population minus those under voting age)

ALTERNATE APPROVAL PROCESS (continued):

• If 966 response forms – 10% of 9,655 electors – received by the deadline, approval of electors with respect to Bylaw No. 1090 & Bylaw No. 1091 will not have been obtained through the alternative approval process
• Then Council can choose to undertake assent voting instead to obtain approval of electors or not proceed at all
• If by the deadline, less than 966 response forms received, Council can proceed to consider adoption of Bylaws and undertake normal disposition process

TIMELINE:

CONCLUSION:

• These properties would best be consolidated under the Mill Hill Regional Park umbrella for long-term management & maintenance
• As the land would continue to be held for park purposes, a change of ownership has no impact to the public
• A Land Title Act, s. 219 covenant will preserve the park use purpose, protection/preservation substantially in the natural state, & management/maintenance as part of the regional park system
• Proceeds from the sale would be placed to the credit of a reserve fund for future park land acquisition
• AAP straightforward process to undertake

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.