MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, MAY 1, 2012

MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, MAY 1, 2012

VIEW ROYAL MUNICIPAL OFFICE - COUNCIL CHAMBERS

PRESENT WERE:

• Mayor Graham Hill
• Councillor Mattson
• Councillor Rast
• Councillor Rogers
• Councillor Screech

REGRETS:

PRESENT ALSO:

• K. Anema, Chief Administrative Officer
• S. Jones, Director of Corporate Administration
• L. Chase, Director of Development Services
• J. Beauchamp, Director of Finance
• E. McCusker, Director of Engineering
• P. Hurst, Fire Chief
• J. Chow, Senior Planner
• J. Davison, Planning Technician
• E. Bolster, Deputy Municipal Clerk
• 24 members of the public
• 1 member of the press

1. CALL TO ORDER

Mayor Hill called the meeting to order at 7:04 p.m.

2. APPROVAL OF AGENDA

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT agenda be amended to include 5 (c), 8.1 (a)(4a), 8.1 (b)(4a-b), 9.1 (a), 10 (b-c) and 13 (a);

AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Council meeting held April 17, 2012

MOVED BY: Councillor Rogers SECONDED: Councillor Rast

THAT the minutes of the Council meeting held April 17, 2012 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor and Councillor Rogers discussed the recent launch of the Baseline Marine Commuter Service, which provides transportation to CFB Esquimalt for members and staff of the Department of National Defence.

5. PETITIONS & DELEGATIONS

a) K. Kelly, Manager, Downtown Victoria Business Association, 137 Werra Road, following up on his April 10, 2012 presentation to the Committee of the Whole, spoke to Council requesting financial support for the Greater Victoria JUNO awards bid for either 2014 or 2015. He requested $9,200, which represents $1 per capita.

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-51-12 THAT the Town of View Royal support the Greater Victoria JUNO awards bid with a grant-in-aid of $9,200 in 2013 to come from Casino revenue. CARRIED

b) K. Saladana, President, Lloyd Place Strata, Re: Information Regarding Lloyd Place Development/Ongoing Concerns

Ms. Saladana gave a PowerPoint presentation to Council and spoke about her concerns regarding the developments on Lloyd Place.

Council requested that staff report back to the Committee of the Whole on matters within the Town’s jurisdiction.

c) J. DeWolf, Student, Environmental Law Centre, University of Victoria, Re: Downfalls of the Current Rainwater Management System in the Capital Regional District

J. DeWolf, presented a video and spoke to Council in regard to the management of rainwater in the Capital Regional District and alternative design standards.

The Chief Administrative Officer noted to Council that May 3, 2012 is the last date that Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 790, 2011 (1649 Lloyd Place) could be reconsidered under section 131 of the Community Charter. Council chose to not reconsider Land Use Bylaw, 1990, No. 35, Amendment Bylaw No. 790, 2011.

6. PUBLIC PARTICIPATION PERIOD

a) C. Kitson, Erskine Lane Strata, questioned when a community garden is going to be available in View Royal Park and whether there is going to be consideration for a community garden in north View Royal.

Councillor Screech noted that it is anticipated that a community garden will be available in View Royal Park within the next two years and possibly another community garden in Welland Legacy Park in north View Royal.

b) F. Blundell, 231 Heddle Avenue, requested that Council publicly state that no live fire training or auto extraction will take place at the new public safety building to be located at 329 – 337 Island Highway.

7. BUSINESS ARISING FROM PREVIOUS MINUTES

n/a

8. REPORTS

8.1 STAFF REPORTS

a) Development Variance Permit – 2329 Evelyn Heights

1. Report dated April 3, 2012 from the Planning Technician as presented at the April 10, 2012 Committee of the Whole meeting

The Planning Technician reviewed the application for Council noting that staff ‘s original recommendation was to deny this application.

2. Comments from the Applicant

D. Lunt, 2580 Lakehurst Drive, stated that the deck is in need of repair and the owners would like a larger deck. He also stated that the neighbours are in support of this application.

3. Comments from the Public

4. Correspondence

a) Email dated May 1, 2012 from C. Ratsoy, Resident, Re: Development Variance Permit – 2329 Evelyn Heights

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT the email dated May 1, 2012 from C. Ratsoy, Resident, Re: Development Variance Permit – 2329 Evelyn Heights be received. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rast

C-52-12 THAT Development Variance Permit 2012/03 be approved to vary the rear yard setback permitted in the R-1A: One Family Residential zone within the Land Use Bylaw, 1990, No. 35 from 7.5m to 5.25m as per the plans attached to the report from the Planning Technician at the April 10, 2012 Committee of the Whole meeting. CARRIED

b) Development Permit – 347 & 349 Island Highway

1. Comments from Staff

The Senior Planner noted that this is the same application as approved by Council two years ago and is now being brought back as the original permit has expired.

2. Comments from the Applicant

No further comments

3. Comments from the Public

4. Correspondence

a) Email dated April 27, 2012 from T. Wick, Resident, Re: Development Permit – 347 & 349 Island Highway

MOVED BY: Councillor Rast SECONDED: Councillor Mattson

THAT the email dated April 27, 2012 from T. Wick, Resident, Re: Development Permit – 347 & 349 Island Highway be received. CARRIED

b) Email dated April 26, 2012 from D. & K. deBree, Residents, Re: Development Permit – 347 & 349 Island Highway

MOVED BY: Councillor Rast SECONDED: Councillor Mattson

THAT the email dated April 26, 2012 from D. & K. deBree, Residents, Re: Development Permit – 347 & 349 Island Highway be received. CARRIED

MOVED BY: Councillor Mattson SECONDED: Councillor Rast

C-53-12 THAT Development Permit 2012/01 be approved and include the following variances:

• Variance to the setback to Island Highway for Strata Lot B from 4.5m to 1.2m;
• Variance to the flanking side yard setback for Strata Lot E from 4.0m to 1.2m;
• Variance to the setback of a common property access road from a side lot line from 9.0m to 1.1m;

AND THAT Development Permit 2012/01 include the following conditions:

• No cutting of trees on Lot 1 until a Development Permit has been issued for the construction of a home on proposed Lot 1;
• Subdivision approval subject to the registration of a covenant prohibiting parking on the common property access road, inclusion of a no parking clause with the Strata bylaws and installation of no parking signs along the common property access road; and
• Mitigation of construction impacts as recommended in the December 28, 2011 Osiris Wildlife Consulting report.

AND FURTHER THAT Development Permit 2012/01 be forwarded to Council for consideration once it is clarified that applicable easements will permit the development as proposed. CARRIED Councillor Rogers voted in negative

c) Public Safety Building Replacement Project – Process and Timeline

1. Report dated April 18, 2012 from the Director of Finance, Deputy Municipal Clerk and Director of Corporate Administration

The Director of Corporate Administration, Chief Administrative Officer, Fire Chief and Director of Finance gave a brief summary of the report for Council, discussing the methodologies to obtain approval of the electors; communications; and financing for the proposed new public safety building.

Training and associated potential noise from training was discussed. Mr. Blundell, 231 Heddle Avenue, requested that View Royal work in conjunction with the City of Langford to use a different site for fire and auto extraction training.

It was noted by some members of Council that during their campaign work in 2011, the community clearly stated there is a need for a new public safety building.

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-54-12 THAT there be consideration of three readings to View Royal Public Safety Building Loan Authorization Bylaw No. 826, 2012 during the “Bylaws” portion of the May 1, 2012 Council meeting;

AND THAT Council proceed with an Alternative Approval Process to borrow funds to construct a new public safety building;

AND THAT Wednesday, July 11, 2012 at 4:00 p.m. be established as the deadline for receipt of elector response forms from electors not wanting Council to proceed with the adoption of Bylaw No. 826, 2012;

AND THAT the elector response form, as shown on amended Schedule “A” be established;

AND FURTHER THAT the total number of electors be determined as 7,698 for which the alternative approval process applies as shown on amended Schedule “C”. CARRIED Councillor Mattson voted in the negative

d) Community Garden Request – Game Road Nature Park

1. Report dated April 25, 2012 from the Director of Corporate Administration

MOVED BY: Councillor Screech SECONDED: Councillor Rast

C-55-12 THAT the request to establish a community garden in Game Road Nature Park in 2012 be declined. CARRIED

e) Fire Dispatch and Communications Services Agreement

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT the Mayor and Director of Corporate Administration be authorized to sign the Fire Dispatch and Communications Services Agreement between the Town of View Royal and the Corporation of the District of Saanich. CARRIED

8.2 COMMITTEE REPORTS

a) From the Special Budget Committee of the Whole meetings held April 17, 2012 and April 21, 2012

Recommendations:

1. Review of Grants-in-Aid Applications

MOVED BY: Councillor Screech SECONED: Councillor Rogers

C-56-12 THAT the City of Victoria be given an $8,000 grant-in-aid towards the Save-on-Foods Memorial Arena for 2012;

AND THAT one year’s notice be given to the City of Victoria that funding for future years will be discontinued. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-57-12 THAT the following 2012 Grants-in-Aid be approved:

CARRIED

2. Burnett Road Sidewalk from Island Highway to View Royal Park

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

C-58-12 THAT the Burnett Road sidewalk from Island Highway to View Royal Park be delayed for one year. CARRIED

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

C-59-12 THAT $6,000 from Casino funding be used for a speed table on Burnett Road. CARRIED

3. Bessborough Traffic Calming

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

C-60-12 THAT $25,000 be approved for Bessborough Avenue traffic calming. CARRIED

4. Remaining Capital Discussions

MOVED BY: Councillor Rast SECONDED: Councillor Screech

C-61-12 THAT the 2012 capital expenses be approved as presented. CARRIED

MOVED BY: Councillor Rast SECONDED: Councillor Screech

C-62-12 THAT $60,000 be approved for Chilco Trails development from gas tax funding pending a full report. CARRIED

5. 2012-2016 Financial Plan Deliberations

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-63-12 THAT the one-time supplementary funds for the public safety building loan borrowing referendum be reduced from $25,000 to $10,000. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-64-12 THAT the Archivist/Corporate Records Clerk position be increased to 0.3 FTE for 2012. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-65-12 THAT the Administration contingency budget be reduced from $40,000 to $20,000. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-66-12 THAT the planning report writing of $15,000 be removed from the 2012 budget. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-67-12 THAT Welland Legacy Park be reduced to $10,000. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-68-12 THAT $58,000 for the Lime Kiln Conservation be removed from the 2012 operating budget. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-69-12 THAT $25,000 be approved for the Lime Kiln Conservation in the capital budget to be funded from casino funding subject to the outcome of the Lime Kiln Conservation Plan report. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-70-12 THAT the bylaw enforcement budget be increased to 0.8 FTE. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

C-71-12 THAT the Transportation GIS and mapping updates budget be reduced from $25,000 to $20,000. CARRIED

MOVED BY: Councillor Screech SECONDED: Councillor Rast

C-72-12 THAT the new parks employee budget be reduced to six months. CARRIED Councillor Mattson voted in the negative

MOVED BY: Councillor Rast SECONDED: Councillor Screech

C-73-12 THAT there be a one-time provision of $10,000 for the Portage Park restoration plan in conjunction with the University of Victoria. CARRIED Councillors Mattson and Rogers voted in the negative

8.3 OTHER REPORTS

1. Minutes of the West Shore Parks and Recreation Society Board of Directors Meeting held March 8, 2012

MOVED BY: Councillor Rast SECONDED: Councillor Screech

THAT the minutes of the West Shore Parks and Recreation Society Board of Directors Meeting held March 8, 2012 be received. CARRIED

9. CORRESPONDENCE

9.1 FOR ACTION

a) Letter dated April 20, 2012 from Mayor Hamilton, City of Colwood, Re: Establishment of a CRD 911 Fire Dispatch Service

MOVED BY: Councillor Mattson SECONDED: Councillor Rast

THAT the letter dated April 20, 2012 from Mayor Hamilton, City of Colwood, Re: Establishment of a CRD 911 Fire Dispatch service be received. CARRIED

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the Town write a letter to the Capital Regional District which supports a regional move of all fire dispatch service providers to the already established facility in Saanich. CARRIED

9.2 FOR INFORMATION

10. BYLAWS

a) View Royal Public Safety Building Loan Authorization Bylaw No. 826, 2012 A Bylaw to Authorize the Borrowing of the Estimated Cost of Replacing the View Royal Public Safety Building

MOVED BY: Councillor Screech SECONDED: Councillor Rast

THAT the View Royal Public Safety Building Loan Authorization Bylaw No. 826, 2012 be given first, second and third reading. CARRIED Councillor Mattson voted in the negative

b) Financial Plan Bylaw No. 827, 2012 A Bylaw to Authorize the Financial Plan for the Years 2012-2016

MOVED BY: Councillor Screech SECONDED: Councillor Rogers

THAT the Financial Plan Bylaw No. 827, 2012 be given first, second and third reading. CARRIED Councillors Mattson and Rast voted in the negative

c) Tax Rates Bylaw No. 828, 2012 A Bylaw to Levy Rates for Municipal, Regional District and Hospital Purposes for the Year 2012

MOVED BY: Councillor Rogers SECONDED: Councillor Screech

THAT Tax Rates Bylaw No. 828, 2012 be given first, second and third reading. CARRIED Councillor Mattson voted in the negative

11. NEW BUSINESS

n/a

12. QUESTION PERIOD

a) F. Blundell, 231 Heddle Avenue, expressed his concern with decision-making processes and asked that a more democratic approach be taken. He also asked that the noise bylaw be enforced in regard to noise that may emanate from the proposed new public safety building.

13. MOTIONS & NOTICES OF MOTION

a) Reduction to Council Remuneration – Councillor Mattson

14. CLOSED MEETING RESOLUTION

MOVED BY: Councillor Screech SECONDED: Councillor Rast

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) and (g) and Section 90 (2)(b) of the Community Charter. CARRIED

15. RISING REPORT

16. TERMINATION

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT this meeting terminate. Time: 9:49 p.m. CARRIED

MAYOR

CLERK