MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, APRIL 15, 2025

MINUTES OF A COUNCIL MEETING

HELD ON TUESDAY, APRIL 15, 2025

VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS

PRESENT WERE: Mayor Tobias Councillor Brown Councillor Kowalewich – via Microsoft Teams Councillor Mattson Councillor MacKenzie Councillor Rogers

REGRETS: Councillor Lemon

PRESENT ALSO: S. Sommerville, Chief Administrative Officer S. Jones, Director of Corporate Administration/Deputy CAO I. Leung, Director of Engineering L. Taylor, Director of Development Services S. Vella, Director of Finance J. Chow, Senior Planner S. Scory, Senior Planner S. Patterson, Building Inspector 15 members of the public 0 members of the press

1. CALL TO ORDER

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

2. APPROVAL OF AGENDA

MOVED BY: Councillor Brown SECONDED: Councillor Rogers

THAT the agenda be amended by including items 9.1 a) 4. a), and 11 c); AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Council meeting held April 1, 2025

MOVED BY: Councillor Mattson SECONDED: Councillor MacKenzie

THAT the minutes of the Council meeting held April 1, 2025 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor noted Councillor MacKenzie has been elected to the Association of Vancouver Island and Coastal Communities (AVICC) executive. He expressed appreciation for staff working with federal candidates to review the Town’s prohibition on election campaign signs on public land.

5. PETITIONS & DELEGATIONS

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. BYLAWS

a) Subdivision and Development Servicing Bylaw Amendments

1. Report dated March 21, 2025 from the Director of Engineering The Director of Engineering gave a summary of the report to Council.

MOVED BY: Councillor Mattson SECONDED: Councillor MacKenzie THAT the report dated March 21, 2025 from the Director of Engineering titled “Subdivision and Development Servicing Bylaw Amendments” be received. CARRIED

2. Subdivision and Development Servicing Bylaw No. 985, 2017, Amendment Bylaw No. 1152, 2025 A Bylaw to Amend the Subdivision and Development Servicing Bylaw No. 985, 2017

MOVED BY: Councillor Rogers SECONDED: Councillor Brown THAT Subdivision and Development Servicing Bylaw No. 985, 2017, Amendment Bylaw No. 1152, 2025 be given first, second, and third reading. CARRIED

b) Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1131, 2025

A Bylaw to Amend the Zoning Bylaw with Respect to Creating the CD-30: Comprehensive Development (Helmcken and Camden Townhouse) Zone and with Respect to the Rezoning of 14, 14A Helmcken Road and 6 Camden Avenue

MOVED BY: Councillor Rogers SECONDED: Councillor Brown THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1131, 2025 be adopted. CARRIED

9. REPORTS

9.1 STAFF REPORTS

a) 14, 14A Helmcken Road and 6 Camden Avenue Rezoning (2022-06) and Development Permit (2024-05) Application

1. Report dated April 7, 2025 from the Senior Planner The Senior Planner gave a review of the report to Council. Council discussed maneuvering aisle, building design, and landscaping.

2. Comments from the Applicant W. Hopkins spoke to Council regarding on-site parking, heat pumps, maneuvering aisle width, design (including colour selection), and revision to an earlier drawing with respect to a window as required by the structural engineer.

3. Comments from the Public

4. Correspondence a) Email dated April 14, 2025 from G. Thompson, Development Services Officer, Ministry of Transportation and Transit, Re: 14, 14A Helmcken Road and 6 Camden Avenue

MOVED BY: Councillor Rogers SECONDED: Councillor Mattson THAT the email dated April 14, 2025 from G. Thompson, Development Services Officer, Ministry of Transportation and Transit, Re: 14, 14A Helmcken Road and 6 Camden Avenue be received. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Brown

C-71-25 THAT a Development Permit with Variances Application No. 2024-05, for 14, 14A Helmcken Road and 6 Camden Avenue be issued in accordance with plans submitted to the Development Services Department on April 1, 2025, and subject to: a. the proposed development meeting all of Town’s Zoning Bylaw requirements, except for the following variances: i. reduce the rear yard setback from 6.0 m to 3.0 m; ii. increase the total maximum number of small-car parking spaces from 4 to 5 spaces; iii. reduce the minimum width of a manoeuvring aisle from 7.6 m to 6.7 m; and iv. locate a residential heat pump within the flanking yard. CARRIED

b) Development Permit with Variances Application No. 2024-03 – 294, 296 Eltham Road and 242 Helmcken Road

1. Report dated April 9, 2025 from the Senior Planner The Senior Planner provided an overview of the application. Council clarified screening to an adjacent property, privacy, and noise questions. In response to a comment, the Director of Engineering reminded Council that a staff report will be provided regarding road improvements at the Helmcken and Eltham Roads intersection.

2. Comments from the Applicant D. Martins, project manager for Ankenman Marchand Architects, described the topography of the area in relation to the subject property and sight lines at the Eltham and Helmcken Roads intersection.

3. Comments from the Public a) Mrs. White, Eltham Road, commented on tree removal between the Ashley Gate townhouses and the subject property as well as current and future parking and traffic concerns.

The Director of Development Services indicated that a parking study is anticipated to take place in 2027. Council and staff discussed off-site and on-site parking, including for visitors.

4. Correspondence a) Email dated April 9, 2025 from M. Townsend, Re: Development Permit with Variances – 294, 296 Eltham Road and 242 Helmcken Road

MOVED BY: Councillor Brown SECONDED: Councillor Mattson THAT the email dated April 9, 2025 from M. Townsend, Re: Development Permit with Variances – 294, 296 Eltham Road and 242 Helmcken Road be received. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Brown THAT Council authorize the issuance of Development Permit with Variances Application No. 2024-03 for 294, 296 Eltham Road and 242 Helmcken Road, in accordance with plans submitted to the Development Services Department on November 12, 2024, subject to: a. the proposed development meeting all of Town’s Zoning Bylaw requirements, except for the following variances: i. increase the building height from 11.25m to 11.75m ii. reduce the width of a manoeuvring aisle from 7.6m to 6.0m iii. siting of an accessory structure (arched trellis) in the flanking yard. AND THAT Development Permit with Variances Application No. 2024-03 include the following conditions: a. Landscape plant selection, installation, maintenance and irrigation shall meet the BC Landscape Standard published by the BC Society of Landscape Architects; and b. On-site lighting shall be dark skies friendly. DEFEATED Mayor Tobias, Councillors Kowalewich, MacKenzie, and Mattson opposed

Members that voted in opposition noted there is a lack of outdoor space, their preference for a different design with respect to roof style, intensity of the massing, and impact to surrounding neighbourhood.

c) Development Permit with Variances Application No. 2025-02 – 3560 Highland Road

1. Report dated April 9, 2025 from the Senior Planner The Senior Planner gave a summary of the report to Council.

2. Comments from the Applicant

3. Comments from the Public

4. Correspondence

MOVED BY: Councillor Mattson SECONDED: Councillor Brown

C-72-25 THAT the Development Permit with Variances Application No. 2025-02 for 3560 Highland Road be issued in accordance with plans submitted to the Development Services Department on January 29, 2025, subject to: a. Proposed development meeting all the Town’s Zoning Bylaw requirements, except for the following variance: i. to permit the siting of an accessory building in the front yard. CARRIED

8:34 p.m. Councillor Brown recused himself from the meeting, noting there may be a perception of bias in relation to consideration of the remedial action report for 12 Vickery Road, having been to the site on a couple of occasions. He left the room and did not participate in the discussion of the matter or vote on it.

d) Reconsideration – 12 Vickery Road – Remedial Action

1. Report dated February 14, 2025 from the Building Inspector The Building Inspector provided an overview of the staff report and a PowerPoint presentation. Council and the Building Inspector discussed the number of days to submit a new building application, requirement for an Engineer of Record to be involved in the submission of a building permit for this project, inspections required, photographs provided by owner, the site’s state of readiness for a rainscreen inspection, and whether the owner’s photographs have or can been evaluated. The Building Inspector has been unable to perform inspections in the absence of an Engineer of Record signing off at various stages.

2. Presentation from J. Becker Prior to Mr. Becker presenting to Council, the Mayor requested that Mr. Becker provide Council with only new information that may have arisen since the original hearing held on March 4, 2025. J. Becker, owner, gave a PowerPoint presentation to Council regarding reconsideration of remedial action at 12 Vickery Road, specifically:

• the Building Inspector not conducting any on-site inspections;
• censoring of information and spoilation;
• previous builds he has undertaken and his qualifications;
• items discussed at the March 4, 2025 Council meeting;
• photographs provided to the Engineer of Record that show no deficiencies;
• the status of the Engineer of Record for the project and their refusal to review and accept the work completed;
• the Town not requiring a rainscreen inspection;
• the building not being unsafe to occupy;
• his belief that Council is being misled by staff;
• the Catch-22 he feels he is in regarding deficiencies;
• potential to enter into a waiver that would indemnify and release the Town;
• entreatment for the Town to join him in his lawsuit against the Association of Professional Engineers and Geoscientists of British Columbia regarding business practices;
• low and high severity of risk;
• requirement for plumbing to be redone; and
• the previous owner of the property and the division of his estate.

3. Letter dated November 14, 2024 from J. Becker, 24 Vickery Road, Re: Registration of Notice on Title for 12 Vickery Road

4. Letter dated February 23, 2025 from J. Becker, 24 Vickery Road, Re: Notice of Remedial Action – 12 Vickery Road

5. Letter dated February 27, 2025 from J. Becker, 24 Vickery Road, Re: 12 Vickery Road – Remedial Action

MOVED BY: Councillor Mattson SECONDED: Councillor MacKenzie THAT the letter dated November 14, 2024 from J. Becker, 24 Vickery Road, Re: Registration of Notice on Title for 12 Vickery Road be received. CARRIED

MOVED BY: Councillor Mattson SECONDED: Councillor MacKenzie THAT the letter dated February 23, 2025 from J. Becker, 24 Vickery Road, Re: Notice of Remedial Action - 12 Vickery Road be received. CARRIED

MOVED BY: Councillor Mattson SECONDED: Councillor MacKenzie THAT the letter dated February 27, 2025 from J. Becker, 24 Vickery Road, Re: 12 Vickery Road – Remedial Action be received. CARRIED

MOVED BY: Councillor Mattson SECONDED: Councillor MacKenzie

C-73-25 THAT the following declarations and resolutions made at the March 4, 2025 Council meeting be reaffirmed: THAT the remedial action process as outlined in sections 72 through 80 as well as sections 17 and 258 of the Community Charter, SBC 2003, c. 26 (“Community Charter”) be initiated and that such remedial action process include the following declarations and resolutions:

1. The building (“Building”) on the property with a civic address of 12 Vickery Road, Victoria, BC and a legal description of LOT B SECTION 91 ESQUIMALT DISTRICT PLAN 18407 EXCEPT PART IN PLAN 3768 RW, PID: 003-762-491 (the “Property”) is in or creates an unsafe condition in that the building fails to comply with sections 5.1, 5.2, 5.5, 7.5, 8.2, 8.12, 8.15, 11.18, 14.8, 14.10(d)(ii), 24.3, 24.4 and 25.2 of the Town of View Royal’s Building Bylaw No. 1111, 2023 (“Building Bylaw”) and the British Columbia Building Code (“BCBC”);
2. The owner, John Becker, has 60 days following receipt of Council’s motion to submit a complete new building permit application for the Building with the required documents listed within the attached building permit application and plumbing permit application (collectively, the “Building Permit Application”);
3. If the Town of View Royal (“Town” or “TOVR”) receives a complete Building Permit Application for the Building within 60 days following receipt of Council’s motion, the owner has 180 days from the date of receipt of building permit issuance to: correct all deficiencies listed by the Engineer of Record; provide Town staff with the approved field reports of the Engineer of Record and Schedule C-B letter of assurance; and arrange for and pass Town inspections; and
4. Town staff must report back to Council about issuance of an occupancy permit following the 180-day deadline imposed on the owner to bring their structure into compliance with the BC Building Code and the Town’s Building Bylaw. CARRIED

9:53 p.m. Councillor Brown returned to Council Chambers

MOVED BY: Councillor Rogers SECONDED: Councillor Brown THAT the meeting be extended to 10:45 p.m. CARRIED

e) Boulevard, Road and Drain Maintenance Contracts Extensions

1. Report dated April 4, 2025 from the Deputy Director of Engineering

MOVED BY: Mayor Tobias SECONDED: Councillor Mattson

C-74-25 THAT Road and Drain Maintenance Contract with Victoria Contracting and Municipal Maintenance Corporation (VCMMC) be executed for the term of June 1, 2025 to May 31, 2030 as described in the staff report dated April 4, 2025 from the Deputy Director of Engineering titled “Boulevard, Road and Drain Maintenance Contracts Extensions”. Council and staff discussed risks and opportunities, environmental impact, level of service, and community expectations with respect to boulevard maintenance. CARRIED

MOVED BY: Mayor Tobias SECONDED: Councillor Mattson

C-75-25 THAT the 2025 budget for contracted services for boulevard maintenance be set at $400,000; AND THAT the Town undertake a public competitive process to retain a boulevard maintenance contractor for the continuation of boulevard maintenance following the expiration of the existing contract on May 31, 2025. CARRIED Councillor Rogers opposed

f) Transportation Master Plan RFP

1. Report dated April 7, 2025 from the Director of Engineering

MOVED BY: Councillor Brown SECONDED: Councillor Rogers THAT the Transportation Master Plan RFP report dated April 7, 2025 from the Director of Engineering be tabled to the May 6, 2025 Council meeting. CARRIED

g) Town of View Royal Class 09 Farm Properties

1. Report dated April 9, 2025 from the Director of Finance

MOVED BY: Councillor Brown SECONDED: Councillor Rogers THAT the Town of View Royal Class 09 Farm Properties report dated April 9, 2025 from the Director of Finance be tabled to the May 6, 2025 Council meeting. CARRIED

9.2 COMMITTEE OF THE WHOLE RESOLUTIONS

From the April 8, 2025 Committee of the Whole meeting:

1. 2025 Draft Financial Plan

MOVED BY: Councillor Rogers SECONDED: Councillor Brown C-76-25 THAT a report be prepared that reviews the Town’s service levels and potential cost savings in advance of preparing the 2026-2030 operational budgets. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Brown C-77-25 THAT the Permits and licensing portal project (C-185 and N-130) be tabled until such time as Council has considered an options analysis report. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Brown C-78-25 THAT the Island Highway and Prince Robert Drive realignment (C-175) capital project be moved from 2025 to 2026. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Brown C-79-25 THAT the Traffic Count Data Collection – Various Neighbourhoods (N-126) non-core project for $25,000 be removed from the 2025-2029 Financial Plan. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Brown C-80-25 THAT in reference to a portion of the Intersection Improvements – Helmcken Road at Watkiss Way (C-128) capital project, a report be provided on traffic signal modifications at that intersection. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Brown C-81-25 THAT the Accessibility – Council Chambers exterior ramp (C-188) capital project be deferred to 2026 due to its connection to the Parks Shed Electrification Upgrade (C-191) capital project identified for 2026. CARRIED

2. 2025 Tax Multiples and Rates

MOVED BY: Councillor Rogers SECONDED: Councillor Brown C-82-25 THAT a Tax Rates bylaw be prepared that includes the required tax revenue in order to reduce the taxation increase on a representative home from 11.25% to 9.8% with no changes in multiples from the previous year; and that the difference be funded from accumulated surplus. CARRIED

9.3 OTHER REPORTS

10. CORRESPONDENCE

10.1 FOR ACTION

a) Email dated April 1, 2025 from T Withrow, Re: Pallisier Avenue

MOVED BY: Councillor Brown SECONDED: Councillor Rogers THAT the email dated April 1, 2025 from T. Withrow, Re: Pallisier Avenue be tabled to the May 6, 2025 Council meeting. CARRIED

b) Email dated March 31, 2025 from R. Duffus, Re: Industrial Light at CFB Esquimalt

MOVED BY: Councillor Brown SECONDED: Councillor Rogers THAT the email dated March 31, 2025 from R. Duffus, Re: Industrial Light at CFB Esquimalt be tabled to the May 6, 2025 Council meeting. CARRIED

10.2 FOR INFORMATION

a) Email dated March 28, 2025 from D. Ridout, Re: Police Ratio and Time Delays, Construction and Traffic

MOVED BY: Councillor Brown SECONDED: Councillor Rogers THAT the email dated March 28, 2025 from D. Ridout, Re: Police Ratio and Time Delays, Construction and Traffic be tabled to the May 6, 2025 Council meeting. CARRIED

11. NEW BUSINESS

a) Committee of the Whole Meetings – Councillor MacKenzie

MOVED BY: Councillor Brown SECONDED: Councillor Rogers THAT the following motion come forward to the May 20, 2025 Council meeting: THAT Procedure Bylaw No. 677, 2007, section 35 b) be amended to have Committee of the Whole meetings commence at 5:00 p.m. CARRIED

b) 2025 OCP Public Consultation – Councillor Mattson

MOVED BY: Councillor Brown SECONDED: Councillor Rogers THAT the following motion come forward to the May 6, 2025 Council meeting: THAT staff verbally address the questions as outlined in D. Wilson’s letter dated March 18, 2025, Re: 2025 OCP Public Consultation which forms item 9.2 c) of the April 1, 2025 Council agenda. CARRIED

c) 2025 Capital Projects – Councillor Rogers

MOVED BY: Councillor Brown SECONDED: Councillor Rogers THAT the “2025 Capital Projects” New Business put forward by Councillor Rogers come forward to the May 6, 2025 Council meeting. CARRIED

12. QUESTION PERIOD

a) T. Withrow, Pallisier Avenue, submitted an inquiry via Microsoft Teams with respect to traffic calming measures available for installation on Pallisier Avenue. The Mayor suggested that Councillor Mattson bring forward a motion to the next Council meeting.

13. MOTIONS & NOTICES OF MOTION

a) Candidates for 2026 Local Government Election – Councillor MacKenzie THAT the “Candidates for 2026 Local Government Election” Notice of Motion put forward by Councillor MacKenzie come forward to the May 20, 2025 Council meeting.

b) View Royal Family Practice Clinic – Councillor Mattson THAT the “View Royal Family Practice Clinic” Notice of Motion put forward by Councillor Mattson come forward to the May 6, 2025 Council meeting.

14. CLOSED MEETING RESOLUTION

15. RISING REPORT

16. TERMINATION

MOVED BY: Councillor Brown SECONDED: Councillor Rogers THAT this meeting now terminate. Time: 10:55 p.m. CARRIED

MAYOR CORPORATE OFFICER