Minutes of a Council Meeting held on Tuesday, October 20, 2015
Record of proceedings from the October 20, 2015 council meeting, including tree removal applications and bylaw readings.
TOWN OF VIEW ROYAL
MINUTES OF A COUNCIL MEETING
HELD ON TUESDAY, OCTOBER 20, 2015 VIEW ROYAL MUNICIPAL OFFICE - COUNCIL CHAMBERS
PRESENT WERE:
Mayor Screech Councillor Mattson Councillor Rast Councillor Rogers Councillor Weisgerber
PRESENT ALSO:
K. Anema, Chief Administrative Officer L. Chase, Director of Development Services J. Rosenberg, Director of Engineering E. Bolster, Deputy Municipal Clerk
8 members of the public 0 members of the press
CALL TO ORDER – Mayor Screech called the meeting to order at 7:00 p.m.
APPROVAL OF AGENDA MOVED BY: Councillor Weisgerber SECONDED: Councillor Rogers
THAT the agenda be amended to include item 8(b)(1)(a); AND THAT the agenda be approved as amended. CARRIED
- MINUTES, RECEIPT & ADOPTION OF a) Minutes of the Council meeting held October 6, 2015 MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the minutes of the Council meeting held October 6, 2015 be adopted as presented. CARRIED
b) Minutes of the Public Hearing for Bylaw No. 932 held October 6, 2015 MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the minutes of the Public hearing for Bylaw No. 932 held October 6, 2015 be adopted as presented. CARRIED
c) Minutes of the Public Hearing for Bylaws No. 933 and 934 held October 6, 2015 MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the minutes of the Public Hearing for Bylaws No. 933 and 934 held October 6, 2015 be adopted as presented. CARRIED
MAYOR’S REPORT
PETITIONS & DELEGATIONS a) J. Leech, CEO, Applied Science Technologists and Technicians of BC, Re: Presentation of the “Top in Technology” award to Mr. John Rosenberg, Director of Engineering, Town of View Royal Mr. Leech noted that the Applied Science Technologists and Technicians of BC (ASTTBC) promotes technology careers and described ASTTBC’s mandate.
Mr. Leech presented Mr. Rosenberg with the “Top in Technology” award which celebrates ASTTBC members who excel and are an excellent example of technology professionals.
b) M. Sawa, CEO, Greater Victoria Public Library, Re: Engage/Receive Input on the Greater Victoria Public Library’s Strategic Plan M. Sawa, CEO, and K. Murdoch, Board Chair, Greater Victoria Public Library (GVPL) made a presentation to Council in regard to the GVPL’s Strategic Plan, specifically: * redrafting the Mission Statement – “Your place to connect, discover and imagine”; * GVPL Municipal Council Survey (ten questions); and * preliminary findings which include: * support for partnerships and community engagement; * extension of operating hours; * increase in digital assets and programs; * donations to the GVPL; and * facility and space allocation.
Ms. Sawa noted that a report will provided to Council in the new year with results from the GVPL Municipal Council Survey.
- PUBLIC PARTICIPATION PERIOD a) P. Carrie, 305 Bessborough Avenue, noted that last winter the tree in question in item 8.1 (a) caused $10,000 of water damage to their home. The repair included rerouting of drainage around the tree; however, it was noted by an arborist that the tree will continue to grow and cause further damage to the drainage system as well as the CRD sewer line and the Town’s storm water drain which will then impact her neighbours. She noted that they cannot take on further financial burden and possible liability.
b) P. Sobel, 294 Bessborough Avenue, noted he would like to appeal staff’s recommendation to reject the removal of a birch tree from his property at 294 Bessborough Avenue. He stated that he understands the Town’s Tree Bylaw is in place to protect trees, but that the tree in question, which he planted, has become too large, blocks his neighbours’ views, creates shading and deposits a lot of debris.
c) D. Porter, 9 Tovey Crescent, noted she understands both sides where the Town wishes to protect the trees but also supports her neighbours and their reasons for wanting to remove the trees on Bessborough Avenue.
d) D. Macaulay, 296 Bessborough Avenue, supports the removal of the birch tree at 294 Bessborough Avenue due to the size and structure of the tree.
BUSINESS ARISING FROM PREVIOUS MINUTES
REPORTS
8.1 STAFF REPORTS
a) Tree Removal Application – 305 Bessborough Avenue 1. Report dated October 15, 2015 from the Parks Supervisor
The Director of Engineering noted that the sequoia tree in question is protected under the Town’s Tree Bylaw and stated that the Town’s storm drains are 16 feet deep and will likely not be impacted by the roots.
Council noted that there are historical problems with drainage in this area and feel that it is justified to remove the tree in question.
MOVED BY: Councillor Rogers SECONDED: Councillor Rast
C-103-15 THAT the request to remove one (1) Sequoia tree located in the back yard of the south side of the property at 305 Bessborough Avenue be approved. CARRIED
b) Tree Removal Application – 294 Bessborough Avenue 1. Report dated October 15, 2015 from the Parks Supervisor a) Letter dated September 22, 2015 from P. Sobel, 294 Bessborough Avenue, Re: Addendum – Tree Removal Permit Application Appeal – 294 Bessborough Avenue
The Director of Engineering noted that this is a healthy birch tree which is not a protected species under the Town’s Tree Bylaw.
Council and staff discussed the need for an arborist report to determine the health of the tree and whether there is a liability in keeping the tree.
MOVED BY: Councillor Weisgerber SECONDED: Councillor
THAT the request to remove one (1) birch tree at 294 Bessborough Avenue be approved. DEFEATED FOR LACK OF A SECONDER
MOVED BY: Councillor Rogers SECONDED: Councillor Rast
C-104-15 THAT the owner of 294 Bessborough Avenue supply an arborist report to the Town in regard to the condition and structural integrity of the birch tree which they have applied to be removed; as well as any other pertinent information that the owner feels will present a more complete representation of the issue. CARRIED Councillor Weisgerber voted in the negative
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT the letter dated September 22, 2015 from P. Sobel, 294 Bessborough Avenue, Re: Addendum – Tree Removal Permit Application Appeal – 294 Bessborough Avenue be received. CARRIED
8.2 COMMITTEE OF THE WHOLE RESOLUTIONS
MOVED BY: Councillor Rogers SECONDED: Councillor Rast
C-105-15 THAT Policy No. 2200-005 – Execution of Legal Documents be removed from the Policy Manual. CARRIED
MOVED BY: Councillor Rogers SECONDED: Councillor Rast
C-106-15 THAT the recommendation regarding staff preparing amendment bylaws to regulate drug paraphernalia shops be received. CARRIED
8.3 OTHER REPORTS
- CORRESPONDENCE
9.1 FOR ACTION
a) Letter dated October 7, 2015 from J. Steel and P. Hind, Village Grove Complex, Re: Establishment of a Rear Entrance and Exit at Village Grove Complex – 278 Island Highway MOVED BY: Councillor Rogers SECONDED: Councillor Rast
THAT a letter dated October 7, 2015 from J. Steel and P. Hind, Village Grove Complex, Re: establishment of a rear entrance and exit at Village Grove Complex – 278 Island Highway be received. CARRIED
9.2 FOR INFORMATION
- BYLAWS
a) Delegation Bylaw No. 872, 2015 A Bylaw to Regulate the Delegation of Certain Authorities
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT Delegation Bylaw No. 872, 2015 be given first, second and third reading. CARRIED
b) Fees and Charges Bylaw No. 583, 2006, Amendment Bylaw No. 937, 2015 A Bylaw to Amend Fees and Charges Bylaw No. 583, 2006
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT Fees and Charges Bylaw No. 583, 2006, Amendment Bylaw No. 937, 2015 be given first, second and third reading. CARRIED
c) Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 936, 2015 A Bylaw to Amend the Town of View Royal Zoning Bylaw with Respect to Regulating Drug Paraphernalia and Licensed Retail Stores
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 936, 2015 be given first and second reading. CARRIED Councillor Mattson voted in the negative
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
C-107-15 THAT a Public Hearing for Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 936, 2015 be scheduled for November 3, 2015. CARRIED
d) Business License Bylaw No. 580, 2004, Amendment Bylaw No. 938, 2015 A Bylaw to Amend the Town of View Royal Business License Bylaw with Respect to the Hours of Operation and Business License Fees for Drug Paraphernalia Sales
MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber
THAT Business License Bylaw No. 580, 2004, Amendment Bylaw No. 938, 2015 be given first, second and third reading. CARRIED
e) Tax Exemption Bylaw (Non-Profit Organizations) No. 935, 2015 A Bylaw to Provide Tax Exemption for Non-Profit Organizations
MOVED BY: Councillor Rast SECONDED: Councillor Rogers
THAT Tax Exemption Bylaw (Non-Profit Organizations) No. 935, 2015 be adopted. CARRIED
f) Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000, Amendment Bylaw No. 931, 2015 A Bylaw to Amend Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000
MOVED BY: Councillor Rogers SECONDED: Councillor Rast
THAT Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000, Amendment Bylaw No. 931, 2015 be adopted. CARRIED
NEW BUSINESS
QUESTION PERIOD a) S. Dana, 311 Stewart Avenue, requested that staff raise the berm on Stewart Avenue to prevent water from entering his property during heavy rainfall events; and questioned the Board of Variance procedures.
b) P. Sobel, 294 Bessborough, questioned why his past drainage problems have not been taken into consideration in regard to his tree removal application at 294 Bessborough Avenue.
c) D. Macaulay, 296 Bessborough Avenue, questioned the Town’s Tree Bylaw in terms of reasons permitted for tree removal.
d) S. Dana, 311 Stewart Avenue, questioned whether he has any recourse in recovering costs for his damaged fence due to his neighbour’s tree falling. Council noted this is private property matter between neighbours.
MOTIONS & NOTICES OF MOTION
RISING REPORT
CLOSED MEETING RESOLUTION MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
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; (g) potential litigation; and (j) – information that is prohibited under sec. 21 of the Freedom of Information Act. CARRIED
- TERMINATION MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT this meeting now terminate. Time: 8:25 pm CARRIED
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