Minutes of a Council Meeting Held on Tuesday, May 7, 2024

1. CALL TO ORDER

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

The Mayor acknowledged that the meeting is being held on the traditional territory of the Songhees Nation and Esquimalt Nation.

2. APPROVAL OF AGENDA

MOVED BY: Councillor Brown SECONDED BY: Councillor Lemon

THAT the agenda be approved as presented. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Special Council meeting held April 23, 2024

MOVED BY: Councillor Brown SECONDED BY: Councillor Lemon

THAT the minutes of the Special Council meeting held April 23, 2024 be adopted as presented. CARRIED

b) Minutes of the Council meeting held April 16, 2024

MOVED BY: Councillor Brown SECONDED BY: Councillor Lemon

THAT the minutes of the Council meeting held April 16, 2024 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor noted Princess Anne was in attendance at the BC legislature cenotaph to commemorate the Battle of the Atlantic on May 5, 2024.

5. PETITIONS & DELEGATIONS

a) D. Strongitharm, CitySpaces, Re: Development Considerations for 200-206 Hart Road

D. Strongitharm, spoke to Council regarding potential development considerations for 200-206 Hart Road, specifically:

• context plan;
• key site characteristics - property size, trees, topography, current zoning, and servicing;
• opportunities for development – site adaptive development, density, and conservation of sensitive areas; and
• configuration options – twenty-four townhouses or thirty-eight units in a small scale apartment and townhouses.

Council, Mr. Strongitharm, and staff discussed lot sizes, protection of the potential conservation area, residential land tenure, potential amenities, access to underground parking, viewscapes, tree preservation, and varying perspectives on the configuration options presented.

b) K. Swanson, D. Hilderman, J. Lafayette and K. Bligh, Re: Items of Interest for all Municipalities in the CRD

K. Swanson, D. Hilderman, J. Lafayette and K. Bligh, spoke to Council regarding:

• the rate of climate change;
• the United Nations’ 2030 Agenda for Sustainable Development and its seventeen Sustainable Development Goals;
• fifteen-minute city planning concept aimed to reduce car dependency; and
• concerns regarding data collection.

6. PUBLIC PARTICIPATION PERIOD

a) D. Wilson, View Royal Avenue, spoke to Council regarding the Gibraltar Bay gazebo options report.

7. BUSINESS ARISING FROM PREVIOUS MINUTES

a) Diversity, Equity and Inclusion – Councillor Kowalewich

Councillor Kowalewich noted the need for diversity, equity, and inclusion in Town practices.

Council and staff discussed the need for diversity, equity, and inclusion in committees, and opportunities for training and a website statement.

MOVED BY: Councillor Kowalewich SECONDED BY: Councillor MacKenzie

C-75-24 THAT the Town reflect diversity, equity, and inclusion into common work practices by including a statement on the Town’s website, in job ads, and in future Strategic Plans, and also providing training and education. CARRIED

b) UBCM Resolution – Police Officers Accompanying Patient to Hospitals – Councillor Lemon

MOVED BY: Councillor Lemon SECONDED BY: Councillor Brown

C-76-24 THAT the following resolution be forwarded to the 2024 Union of British Columbia Municipalities’ 2024 convention:

WHEREAS Section 28 of the British Columbia Mental Health Act specifies a police officer should accompany persons to hospitals with apparent mental disorders and acting in a manner likely to endanger the safety of themselves or others;

AND WHEREAS the opioid and mental health crisis in British Columbia communities has resulted in an increase in the number and length of times police officers are immobilized to the service of the greater community to sit in hospital waiting rooms while accompanying apprehended individuals until they are seen by a physician;

THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities call on the Provincial government to amend Section 28 of the British Columbia Mental Health Act so that trained hospital staff be given special constable status and peace officer status to relieve police officers of the responsibility of attending hospital emergency departments with apprehended individuals. CARRIED

8. REPORTS

8.1 STAFF REPORTS

a) Urban Forest Strategy Recommendation for Award

1. Report dated April 22, 2024 from the Engineering Clerk

The Director of Engineering gave a summary of the report to Council.

Council and the Director of Engineering discussed the baseline of urban forest data, private and municipal holdings in View Royal, Capital Regional District heat mapping, additional component of work in the study, preservation and protection of trees, and potential use of LiDAR.

MOVED BY: Councillor Rogers SECONDED BY: Councillor Brown

C-77-24 THAT the Urban Forest Strategy study be awarded to Diamond Head Consulting in the amount of $104,110, plus GST;

AND THAT the 2024-2028 Financial Plan be amended accordingly. CARRIED Councillor MacKenzie opposed

b) Residential Development Update Report

1. Report dated April, 29, 2024 from the Director of Development Services

Council and the Director of Development Services discussed the provision of accessible units and commercial space, whether the units described in the report can be included in the yet to be set Provincial housing targets for View Royal, and future progress reporting to avoid duplication of work for staff.

MOVED BY: Councillor Brown SECONDED BY: Councillor Lemon

THAT the report dated April 29, 2024 from the Director of Development Services titled “Residential Development Update Report” be received for information. CARRIED

c) Gibraltar Bay Gazebo Options

1. Report dated April 23, 2024 from the Director of Corporate Administration/Deputy CAO

The Director of Corporate Administration/Deputy CAO summarized the report for Council.

Council and the Director discussed the provisions for public pedestrian access over the common property available through the statutory right-of-way, registered at the time of the development as an amenity for the community.

R. Copithorne, Gibraltar Bay Strata President, noted there has been no decision made by the Strata regarding either refurbishment or removal of the gazebo. He will provide View Royal Council’s decision to the Strata’s May 21, 2024 annual general meeting for discussion.

P. Hardy, Gibraltar Bay Strata, stated he hopes the Town will be aligned with the Strata regarding the ongoing safety and vandalism issues by limiting promotion of the gazebo for public use.

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

C-78-24 THAT the Town cost share, on a 50/50 basis, up to a maximum of $5,000, the Strata’s removal of the gazebo located on the Gibraltar Bay Strata’s common property (lying between SRW Area “G” and the Esquimalt Harbour), their installation of additional railing to close off the opening to the water’s edge/slope, and their provision of any additional upland improvements, if funds remain, to create a lookout on the said common property, to the satisfaction of the Town’s Director of Engineering. MOTION WITHDRAWN

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

C-79-24 THAT the Town cost share on a 50/50 basis, up to a maximum of $8,000, the Gibraltar Bay Strata’s removal or refurbishment of the gazebo located on the Strata’s common property (lying between Statutory right-of-way Area “G” and the Esquimalt Harbour), to the satisfaction of the Town’s Director of Engineering, with funding to be from the Casino revenue account;

AND THAT the Financial Plan be amended accordingly;

AND FURTHER THAT should the Strata opt to remove the gazebo, that this project include the installation of additional railings to close off the opening to the water’s edge/slope and provide any additional upland improvements, if funds remain, to create a lookout on the said common property. CARRIED Councillor MacKenzie opposed

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

8.3 OTHER REPORTS

a) Minutes of the West Shore Parks and Recreation Society Board of Directors meeting held March 14, 2024

Councillor Kowalewich noted the tennis courts at the West Shore Parks and Recreation (WSPRS) are being refurbished; the current audit showed WSPRS was in good standing; and WSPRS is currently undertaking an energy use review to reduce energy consumption.

MOVED BY: Councillor Lemon SECONDED BY: Councillor MacKenzie

THAT the minutes of the West Shore Parks and Recreation Society Board of Directors meeting held March 14, 2024 be received. CARRIED

b) Minutes of the Capital West Accessibility Advisory Committee held November 22, 2023

MOVED BY: Councillor Lemon SECONDED BY: Councillor MacKenzie

THAT the minutes of the Capital West Accessibility Advisory Committee held November 22, 2023 be received. CARRIED

9 CORRESPONDENCE

9.1 FOR ACTION

a) Letter dated April 15, 2024 K. Morley, Corporate Officer and General Manager, CRD, Re: Municipal Consent for Bylaw No. 4588 – Regional Parks Loan Authorization Bylaw No. 1, 2024

MOVED BY: Councillor Mattson SECONDED BY: Councillor Rogers

C-80-24 THAT Council consent to the Capital Regional District adopting Bylaw No. 4588, “Regional Parks Loan Authorization Bylaw No. 1, 2024”. CARRIED

b) Letter dated April 10, 2024 from D. Wyatt, Re: Watkiss Area Community Park

The Director of Engineering noted that the park land referenced by the letter writer, adjacent to the new BC HandyDART facility in the Watkiss Way neighbourhood, is leased from the BC Transportation Authority and hardscaping is restricted by the property owner.

MOVED BY: Councillor Lemon SECONDED BY: Councillor Mattson

C-81-24 THAT the Town write to Mr. Wyatt thanking him for the idea of installing an analemmatic sundial in the new park to be developed in the Watkiss Way neighbourhood and noting that the Town will consider such a concept for this or another park in the future. CARRIED

9.2 FOR INFORMATION

a) Letter dated April 26, 2024 from Mayors of the Communities that Co-Own the West Shore Parks and Recreation Facilities, Re: Confirmation of Support for GMF Application – West Shore Parks and Recreation and Colwood Community Buildings Retrofit and Plan, City of Colwood, GHG Reduction Pathway Feasibility Study

The Mayor noted that for the City of Colwood to submit a grant application by the deadline, he signed the letter in the absence of Council’s approval and, should the grant be approved, there is no financial implication to the Town.

MOVED BY: Councillor Lemon SECONDED BY: Councillor Brown

THAT the letter dated April 26, 2024 from Mayors of the Communities that Co-Own the West Shore Parks and Recreation Facilities, Re: Confirmation of Support for GMF Application – West Shore Parks and Recreation and Colwood Community Buildings Retrofit and Plan, City of Colwood, GHG Reduction Pathway Feasibility Study be received for information. CARRIED

b) Thank you card received April 25, 2024 from the View Royal Out of School Care, Re: 2024 Grant in Aid

MOVED BY: Councillor Lemon SECONDED BY: Councillor MacKenzie

THAT the thank you card received April 25, 2024 from the View Royal Out of School Care, Re: 2024 Grant in Aid be received for information. CARRIED

c) Letter dated April 23, 2024 from B. Sauve, President and CEO, National Police Federation, Re: Ongoing Impact of Surrey Police Transition on BC Municipalities

MOVED BY: Councillor Lemon SECONDED BY: Councillor MacKenzie

THAT the letter dated April 23, 2024 from B. Sauve, President and CEO, National Police Federation, Re: Ongoing Impact of Surrey Police Transition on BC Municipalities be received for information. CARRIED

d) Letter dated April 23, 2024 from Min. M. Farnsworth, Ministry of Public Safety and Solicitor General, Re: Surrey’s Police Model Transition

MOVED BY: Councillor Lemon SECONDED BY: Councillor MacKenzie

THAT the letter dated April 23, 2024 from Min. M. Farnsworth, Ministry of Public Safety and Solicitor General, Re: Surrey’s Police Model Transition be received for information. CARRIED

e) Letter dated April 23, 2024 from A. Sands, Resource Development and Communications Manager, Victoria Sexual Assault Centre, Re: 2024 Grant in Aid

MOVED BY: Councillor Lemon SECONDED BY: Councillor MacKenzie

THAT the letter dated April 23, 2024 from A. Sands, Resource Development and Communications Manager, Victoria Sexual Assault Centre, Re: 2024 Grant in Aid be received for information. CARRIED

f) Email dated April 11, 2024 from C. Zacharias-Homer, Director, Clean Air, Integrated Pest Management, and Bonding, Re: Public Interest Bonding Strategy Intentions Paper

MOVED BY: Councillor Lemon SECONDED BY: Councillor MacKenzie

THAT the email dated April 11, 2024 from C. Zacharias-Homer, Director, Clean Air, Integrated Pest Management, and Bonding, Re: Public Interest Bonding Strategy Intentions Paper be received for information. CARRIED

10. BYLAWS

a) 2024 Tax Rates

1. Report dated April 29, 2024 from the Director of Finance and Technology

MOVED BY: Councillor MacKenzie SECONDED BY: Councillor Lemon

THAT the report dated April 29, 2024 from the Director of Finance and Technology titled “2024 Tax Rates” be received. CARRIED

2. Tax Rates Bylaw No. 1133, 2024 A Bylaw to Levy Rates for Municipal, Regional District, and Regional Hospital Purposes for the Year 2024

MOVED BY: Councillor Mattson SECONDED BY: Councillor Brown

THAT Tax Rates Bylaw No. 1133, 2024 be given first, second, and third reading. CARRIED

b) Transit-Oriented Area Designation Bylaw

1. Report dated April 29, 2024 from the Senior Planner

The Director of Development Services summarized the report to Council.

Council and staff discussed notification and approval processes, and orphaned properties.

MOVED BY: Councillor Brown SECONDED BY: Councillor Rogers

THAT the report dated April 29, 2024 from the Senior Planner titled “Transit-Oriented Area Designation Bylaw” be received. CARRIED

2. Transit-Oriented Area Designation Bylaw No. 1134, 2024 A Bylaw to Designate a Transit-Oriented Area (TOA)

MOVED BY: Councillor Rogers SECONDED BY: Councillor Brown

THAT Transit-Oriented Area Designation Bylaw No. 1134, 2024 be given first, second, and third reading. CARRIED Mayor Tobias opposed

c) Fees and Charges Amendment Bylaw

1. Report dated April 29, 2024 from the Director of Development Services

The Director of Development Services gave a review of the report to Council.

Council and staff discussed costs associated with mailouts.

MOVED BY: Councillor Lemon SECONDED BY: Councillor MacKenzie

THAT the report dated April 29, 2024 from the Director of Development Services titled “Fees and Charges Amendment Bylaw” be received. CARRIED

2. Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1141, 2024 A Bylaw to Amend the Fees and Charges Bylaw No. 958, 2016 Pertaining to Building and Development Application Fees

MOVED BY: Councillor Lemon SECONDED BY: Councillor MacKenzie

THAT Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1141, 2024 be given first, second, and third reading. CARRIED Councillor Rogers opposed

d) Financial Plan Bylaw No. 1132, 2024 A Bylaw to Authorize the Financial Plan for the Years 2024-2028

Councillor Mattson expressed his appreciation to staff for all their work on the 2024-2028 Financial Plan.

MOVED BY: Councillor Mattson SECONDED BY: Councillor Lemon

THAT Financial Plan Bylaw No. 1132, 2024 be adopted. CARRIED Councillor Rogers opposed

11. NEW BUSINESS

12. QUESTION PERIOD

13. MOTIONS & NOTICES OF MOTION

14. CLOSED MEETING RESOLUTION

MOVED BY: Councillor Mattson SECONDED BY: Councillor Rogers

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)(c) – labour relations and (e) – land. CARRIED

16. RISING REPORT

17. TERMINATION

MOVED BY: Councillor Mattson SECONDED BY: Councillor Rogers

THAT this meeting now terminate. Time: 9:34 p.m. CARRIED

MAYOR CORPORATE OFFICER