Minutes of a Council Meeting Held on Tuesday, September 4, 2012

MINUTES OF A COUNCIL MEETING

HELD ON TUESDAY, SEPTEMBER 4, 2012

VIEW ROYAL MUNICIPAL OFFICE - COUNCIL CHAMBERS

PRESENT WERE:

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

REGRETS: (None)

PRESENT ALSO:

• K. Anema, Chief Administrative Officer
• S. Jones, Director of Corporate Administration
• L. Chase, Director of Development Services
• J. Chow, Senior Planner
• J. Davison, Planning Technician
• D. Woodley, Engineering Technologist
• E. Bolster, Deputy Municipal Clerk
• 55 members of the public
• 1 member of the press

1. CALL TO ORDER

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

2. APPROVAL OF AGENDA

MOVED BY: Councillor Mattson SECONDED BY: Councillor Rogers

THAT the agenda be amended to include items 5 (c), 8.1 (a)(4)(a-b), 8.1 (h), 9.1 (e-g), 9.2 (c-e), 11 (a) and a closed meeting resolution; AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Special Council meeting held July 16, 2012 MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

THAT the minutes of the Special Council meeting held July 16, 2012 be adopted as presented. CARRIED

b) Minutes of the Council meeting held July 17, 2012 MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

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

c) Minutes of the Public Hearing held July 17, 2012 MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

THAT the minutes of the Public Hearing held July 17, 2012 be adopted as presented. CARRIED

d) Minutes of the Special Council meeting held July 23, 2012 MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

THAT the minutes of the Special Council meeting held July 23, 2012 be adopted as presented. CARRIED

4. MAYOR’S REPORT

a) Presentation of Queen Elizabeth II’s Diamond Jubilee Medal to Maureen Duffus Mayor Hill presented Maureen Duffus with the Queen’s Diamond Jubilee Medal and recognized her achievements within the community.

5. PETITIONS & DELEGATIONS

a) D. Green, CRD Environmental Protection, Re: Bylaw No. 3837, Harbours Environmental Action Service Establishment Bylaw No. 1, 2010, Amendment Bylaw No. 1, 2012 D. Green presented the amendment to the Capital Regional District’s Harbours Environmental Action Service Establishment Bylaw. He noted that amendments to this Bylaw are necessary to:

• allow related work that is outside the Chapter 11 Liquid Waste Management Plan requirements;
• raise the maximum requisition amount to $350,000 to accommodate potential future supplementary budget requests if required for special projects; and
• remove the December 31, 2012 bylaw expiry clause.

MOVED BY: Councillor Screech SECONDED BY: Councillor Rast

THAT the Town of View Royal give consent to the adoption of the Capital Regional District Bylaw No. 3837, Harbours Environmental Action Service Establishment Bylaw No. 1, 2010, Amendment Bylaw No. 1, 2012 in accordance with Sections 802(2) and 801.4 of the Local Government Act. CARRIED

b) C. Nel, Representative for 23 Residents of Nursery Hill, Re: Amendment to Town’s Secondary Suite Bylaw Mr. Nel appealed to Council to revisit the secondary suite bylaw and suspend bylaw enforcement in regard to the decommissioning of suites within the Nursery Hill Drive subdivision. He noted that signatures obtained on the petition have been supported by all twenty-three homes within the subdivision.

Council discussed the misunderstanding of residents that their secondary suites were legal; secondary suite complaints within the subdivision; and the current bylaw enforcement process.

The Director of Development Services noted that to resolve the zoning infraction, it is recommended that the strata initiate a rezoning application. Council suggested that representatives of the strata meet with staff to have a clear understanding of what may or may not be possible within the secondary suite bylaw provisions before moving forward with a rezoning application.

The Chief Administrative Officer noted that he reviewed building files for the homes within the Nursery Hill Drive subdivision and there was no indication on the building plans or in the files of secondary suites being constructed within these homes, therefore, none of the suites will have been inspected for BC Building Code compliance.

MOVED BY: Councillor Screech SECONDED BY: Councillor Rast

C-120-12 THAT, pending further information from staff regarding secondary suite viability in the Nursery Hill Drive subdivision VIS6081 vis a vis the bylaw provisions for secondary suites, bylaw enforcement in regard to secondary suites within this subdivision be suspended for a maximum of nine months to facilitate the strata’s rezoning application. CARRIED

c) F. Blundell, 231 Heddle Ave., Re: Firefighter and Emergency Response Councillor Screech left the meeting at 7:52 p.m.

Mr. Blundell encouraged Council to explore other options with respect to fire protection service delivery including DND, Esquimalt, Saanich and a regional response model.

Councillor Screech returned at 7:55 p.m.

6. PUBLIC PARTICIPATION PERIOD

a) P. Hyslop, 325 Stewart Avenue, questioned what the timeline of the sanitary lift station upgrade on Stewart Avenue would be. b) L. Pakos, 336 Glenairlie Drive, questioned the rezoning application process for the Nursery Hill Drive subdivision and noted that should bylaw enforcement be taken away from secondary suites, the bylaw would not be effective. c) D. Critichley, 132 St. Giles Street, commented on the Capital Regional District’s presentation by D. Green, noting that he would like CRD to undertake a baseline study for Portage Inlet. He stated that measuring biodiversity is not an adequate gauge of plant and animal survivability due to the estuarine quality paradox. d) J. D’Agnolo, 89 Chilco Ridge, noted that his builder was aware that secondary suites were being constructed within the Nursery Hill Drive subdivision. e) K. Galbraith, 2320 Francis View Drive, noted that he is a View Royal firefighter/Association President and clarified comments made by Mr. Blundell. Specifically, Mr. Galbraith outlined facts concerning equipment; the hose tower; existing intradepartmental cooperation; the lower costs of the View Royal fire protection service model in contrast to full time paid fire departments; and the impact of an earthquake on the existing fire hall which would result in no fire department response being available to residents. He stated that residents are more than welcome to come and tour the existing fire hall and ask questions. f) D. Frewing, 286 View Royal Avenue, questioned how twenty-three secondary suites were constructed without detection by building officials and whether these homes will have to be inspected and now built to Code. It was confirmed by staff that should rezoning occur, the allowable secondary suites would be required to be made BC Building Code compliant.

The Chief Administrative Officer noted that the Victoria General Hospital is located within the Town of View Royal and emergency services encompass the entire municipality; accordingly, View Royal Fire Rescue has a responsibility to provide emergency services to the Victoria General Hospital.

He also noted that based on comparisons with other communities, fire protection costs in View Royal are much lower due to it being a volunteer fire department. Even if the responsibility for Victoria General Hospital fire protection could be transferred to Saanich or Esquimalt, the Town would have to pay for that service and those costs would be at a significantly higher rate than what taxpayers currently pay.

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Development Variance Permit – 291 Beaumont Avenue

1. Report dated August 15, 2012 from the Planning Technician The Planning Technician gave a summary of the report. Council and staff discussed stormwater management and variances to building height.
2. Comments from the Applicant Owner, Marianna Mazza, 291 Beaumont Avenue, stated she would like to build a home to suit her family’s needs and that this home would bring up the value of the neighbourhood. She also discussed building height and stormwater management.
3. Comments from the Public a) B. Bambiger, 276 Pallisier Avenue, noted that she opposes the application and has been given inaccurate information from the applicant regarding this development. She stated the reason for the requested variance is due to the fact that a secondary suite is being constructed. She also wished to withdraw her letter of support as she was pressured by the applicant to sign it. b) J. McCorkall, 295 Beaumont Avenue, stated this proposal is out of scale for the existing neighbourhood with no consideration to neighbours and that there would be a visual impact for her property, diminishing her enjoyment of it. She also stated her concern in regard to site servicing. c) D. Frewing, 286 View Royal Avenue, stated her concern in regard to stormwater as she lives downstream from this property and has had a previous flood. She would like the run-off addressed and directed away from her property.
4. Correspondence a) Email dated August 20, 2012 from J. McCorkall, Re: Objections to Development Variance Permit – 291 Beaumont Avenue MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

THAT the email dated August 20, 2012 from J. McCorkall, Re: objections to Development Variance Permit – 291 Beaumont Avenue be received. CARRIED

b) Letter from J. McCorkall, Re: Communication between Neighbours for Development Variance Permit Application – 291 Beaumont Avenue MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

THAT the letter from J. McCorkall, Re: communication between neighbours for Development Variance Permit Application – 291 Beaumont Avenue be received. CARRIED

MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

C-121-12 THAT Development Variance Permit 2012/06 for a variance to building height as calculated from the lower of average natural or finished grade from 7.5m to 9.2m be denied as per the plans attached to the report from the Planning Technician at the September 4, 2012 Council meeting. CARRIED Councillor Mattson voted in the negative

b) Development Variance Permit – 77 Norquay Road

1. Report dated August 15, 2012 from the Planning Technician The Planning Technician gave a summary of the report to Council.
2. Comments from the Applicant C. Laidlaw, 77 Norquay Road, noted that the patio should have been included with the original design of the house.
3. Comments from the Public V. Acreman, 22 Knollwood Road, stated her support for the application.
4. Correspondence

MOVED BY: Councillor Screech SECONDED BY: Councillor Rast

C-122-12 THAT Development Variance Permit 2012/08 for a variance to the rear yard setback within the R-1A: One Family Residential zone from 7.5m to 6.8m be approved per the plans attached to the report from the Planning Technician at the September 4, 2012 Council meeting. CARRIED

c) Development Permit – 2951 Craigowan Road

1. Report dated August 17, 2012 from the Senior Planner

MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

C-123-12 THAT Development Permit 2012/09 – 2951 Craigowan Road be approved. CARRIED

d) View Royal Public Safety Building Loan Authorization Bylaw No. 839, 2012

1. Report dated August 23, 2012 from the Director of Corporate Services The Director of Corporate Administration gave a summary of the report to Council. The Chief Administrative Officer noted that an independent quantity surveyor was been retained and his building cost estimate is based on the schematic design. It was noted that the design has been rationalized and meets current and longer-term needs.

Council then discussed project costs; funding options; proposed rezoning of the existing fire hall site; and the need for a communications plan associated with the assent of electors process.

MOVED BY: Councillor Rast SECONDED BY: Councillor Screech

C-124-12 THAT the portion of the motion C-104-12 dealing with assent of electors in the autumn 2012 for Bylaw No. 826, 2012 from the July 17, 2012 Council meeting be rescinded. CARRIED

MOVED BY: Councillor Rast SECONDED BY: Councillor Screech

C-125-12 THAT approval of the electors be sought with regard to View Royal Public Safety Building Loan Authorization Bylaw No. 839, 2012 in the autumn of 2012 by means of assent of electors in accordance with section 85 of the Community Charter; AND THAT the maximum amount of the borrowing described by Bylaw No. 839, 2012 be $5,490,000. CARRIED

MOVED BY: Councillor Rast SECONDED BY: Councillor Rogers

C-126-12 THAT pursuant to Section 41(1) of the Local Government Act that Kenneth Lyle Schaalje be appointed Chief Election Officer for conducting the 2012 Public Safety Building Loan Authorization Bylaw Elector Assent process; AND THAT Marion Bernice Villines and Elena Bertina Bolster be appointed Deputy Chief Election Officers for the 2012 Public Safety Building Loan Authorization Bylaw Elector Assent process. CARRIED

MOVED BY: Councillor Rast SECONDED BY: Councillor Screech

C-127-12 THAT a communications committee be formed for the new public safety building project; AND THAT Councillors Rast and Screech be appointed to this committee. CARRIED Councillor Mattson voted in the negative

e) Public Hearing Cost Recovery

1. Report dated August 16, 2012 from the Development and Licensing Services Clerk Council and staff discussed different options for public hearing cost recovery.

MOVED BY: Councillor Rast SECONDED BY: Councillor Rogers

THAT the report dated August 16, 2012 from the Development and Licensing Services Clerk titled “Public Hearing Cost Recovery” be received. CARRIED

f) 2013 Budget Request – Land Use Bylaw Review

1. Report dated August 16, 2012 from the Director of Development Services

MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

C-128-12 THAT an additional $15,000 be approved in the 2013 Budget for the purpose of completing the Land Use Bylaw review. CARRIED

g) Award of Tender for the 2012 Stewart Avenue Sanitary Lift Station Upgrade Contract

1. Report dated September 4, 2012 from the Engineering Technologist The Engineering Technologist gave a review of the report to Council and stated that this project should be completed by the end of November 2012.

MOVED BY: Councillor Rast SECONDED BY: Councillor Screech

C-129-12 THAT the award for the Town’s 2012 Stewart Avenue Sanitary Lift Station Upgrade Contract to G&E Contracting Ltd. at a price of $180,000.00 plus HST be approved. CARRIED

h) Eagle Creek - Timelines

1. Report dated August 27, 2012 from the Director of Development Services Council, staff and the applicant, P. Laughlin, discussed the timelines for rezoning and the development permit process for the Eagle Creek property. It was noted that the development permit application does not need to run concurrently with the rezoning and that there is additional information required from the applicant in order that due diligence may be completed by Town staff.

MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

C-130-12 THAT staff proceed with 1st and 2nd reading of the Official Community Plan and Land Use Bylaws amendments for the Eagle Creek project; AND THAT 3rd reading of these Bylaws amendments be completed by the end November 2012. CARRIED Councillor Rast voted in the negative

MOVED BY: Councillor Rast SECONDED BY: Councillor Screech

THAT this meeting be extended to 11:00 p.m. CARRIED

8.2 COMMITTEE REPORTS

8.2 OTHER REPORTS

9. CORRESPONDENCE

9.1 FOR ACTION

1. Letter dated August 6, 2012 from J. Amo, Registration Committee Chairperson, Canadian Scottish Regiment (Princess Mary), Re: Support to Help Celebrate the 100th Anniversary of the Canadian Scottish Regiment (Princess Mary’s) MOVED BY: Councillor Mattson SECONDED BY: Councillor Rogers

THAT twelve Town of View Royal lapel pins be given to the Canadian Scottish Regiment (Princess Mary’s) to support their 100th anniversary celebration. CARRIED

2. Letter dated July 31, 2012 from R. Downing, Executive Director, Community Social Planning Council, Re: Request for Endorsement of Community Action Plan on Poverty MOVED BY: Councillor Rogers SECONDED BY: Councillor Rast

THAT the letter dated July 31, 2012 from R. Downing, Executive Director, Community Social Planning Council, Re: request for endorsement of Community Action Plan on Poverty be received. CARRIED Mayor Hill and Councillor Mattson voted in the negative

3. Letter dated July 30, 2012 from D. Jackman, Chairperson, View Royal Reading Centre, Re: Funding Assistance MOVED BY: Councillor Rast SECONDED BY: Councillor Screech

C-118-12 THAT the letter dated July 30, 2012 from D. Jackman, Chairperson, View Royal Reading Centre, Re: funding assistance be received. CARRIED

4. Letter dated July 17, 2012 from R. Garrison, MP, Esquimalt Juan de Fuca, Re: Federal Riding Boundaries for British Columbia MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

THAT the letter dated July 17, 2012 from R. Garrison, MP Esquimalt Juan de Fuca, Re: Federal riding boundaries for British Columbia be received. CARRIED

5. Letter dated August 22, 2012 from G. Young, Chair, CRD Board, Re: Salish Express Commuter Rail Implementation Funding Plan Request MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

C-119-12 THAT the letter dated August 22, 2012 from G. Young, Chair, CRD Board, Re: Salish express commuter rail implementation funding plan request be received. CARRIED

6. Letter dated August 15, 2012 from M. Freeman, MP, House of Commons, Re: Motion of M-400 MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

THAT the letter dated August 15, 2012 from M. Freeman, MP, House of Commons, Re: Motion of M-400 be received. CARRIED

7. Email dated August 28, 2012 from M. Karagianis, MLA, Re: Queen’s Diamond Jubilee Medal Nomination MOVED BY: Councillor Rast SECONDED BY: Councillor Screech

THAT Louise Baur be nominated for the Queen’s Diamond Jubilee Medal. CARRIED

9.2 FOR INFORMATION

1. Letter dated April 18, 2012 from M. MacDonald, President, Public Health Association of British Columbia, Re: Legislation to Ban Commercial Tanning Bed Use By People Under the Age of 18 MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT a letter of recognition and thanks be sent to L. Jeaurond for her work in helping pass the legislation to ban commercial tanning bed use by people under the age of 18. CARRIED

2. Letter dated August 20, 2012 from Premier Clark, Re: British Columbia Achievement Foundation MOVED BY: Councillor Rogers SECONDED BY: Councillor Rast

THAT the letter dated August 20, 2012 from Premier Clark, Re: British Columbia Achievement Foundation be received for information. CARRIED

3. Letter dated August 24, 2012 from S. Whipp, President, WestShore Chamber of Commerce, Re: Real Estate Study MOVED BY: Councillor Screech SECONDED BY: Councillor Rast

THAT the letter dated August 24, 2012 from S. Whipp, President, WestShore Chamber of Commerce, Re: real estate study be received for information. CARRIED

4. Email dated September 3, 2012 from S. Murphy, Re: Petitions & Delegations from Nursery Hill Estates MOVED BY: Councillor Screech SECONDED BY: Councillor Rast

THAT the email dated September 3, 2012 from S. Murphy, Re: Petitions & Delegations from Nursery Hill Estates be received for information. CARRIED

5. Email dated September 3, 2012 from D. Robinson, Re: Petitions & Delegations from Nursery Hill Estates MOVED BY: Councillor Screech SECONDED BY: Councillor Rast

THAT the email dated September 3, 2012 from D. Robinson, Re: Petitions & Delegations from Nursery Hill Estates be received for information. CARRIED

10. BYLAWS

a) Development Procedures Bylaw No. 730, 2009, Amendment Bylaw No. 831, 2012 A Bylaw to Amend the Public Hearing Fee as Cited in the Development Procedures Bylaw No. 730, 2009

MOVED BY: Councillor Rast SECONDED BY: Councillor Screech

THAT the Development Procedures Bylaw No. 730, 2009, Amendment Bylaw No. 831, 2012 be given first, second and third reading. CARRIED

11. NEW BUSINESS

a) Councillor John Rogers – Degazetting Beaumont Avenue Council discussed the possibility of degazetting the bottom of Beaumont Avenue as discussed in 2011 and again during the budget deliberations for 2012; it was determined that this action would not be undertaken at this time.

12. QUESTION PERIOD

a) P. Hyslop, 325 Stewart Avenue, questioned the location of the sanitary lift station on Stewart Avenue. Mr. Hyslop also requested that Council consider revisiting the closure of the lane at the frontages of 325/327 Stewart Avenue. The Chief Administrative Officer noted that the Town has received complaints regarding the esthetics of the no-posts from neighbours and perhaps these could be replaced with something else. b) F. Blundell, 231 Heddle Avenue, inquired about the total cost to construct the new public safety building and questioned whether Council would reconsider handing over fire protection services for Victoria General Hospital to the District of Saanich.

13. MOTIONS & NOTICES OF MOTION

14. RISING REPORT

15. CLOSED MEETING RESOLUTION

MOVED BY: Councillor Mattson SECONDED BY: 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)(a), (e), (g), and (i) of the Community Charter. CARRIED

16. TERMINATION

MOVED BY: Councillor Screech SECONDED BY: Councillor Rogers

THAT this meeting terminate. Time: 11:12 p.m. CARRIED

MAYOR CLERK