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Council Meeting/Documents/MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, SEPTEMBER 5, 2023
Minutes

MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, SEPTEMBER 5, 2023

October 3, 2023Pages 7–152 sections

Official record of the Council meeting proceedings from September 5, 2023, including approvals of previous minutes and discussions on wildlife attractant bylaws and transportation governance.

3 MINUTES, RECEIPT & ADOPTION OF
Meeting called to order at 7:00 p.m.41 members of the public presentDecision to increase project budget for C-018 by $1,528,000Contract awarded to Don Mann Excavating for $2,960,987.25Contract awarded to McElhanney for $149,249.00

TOWN OF VIEW ROYAL

MINUTES OF A COUNCIL MEETING

HELD ON TUESDAY, SEPTEMBER 5, 2023 VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS

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

REGRETS: (None)

PRESENT ALSO: K. Anema, Chief Administrative Officer S. Jones, Director of Corporate Administration I. Leung, Director of Engineering L. Taylor, Director of Development Services P. Hurst, Director of Protective Services – arrived at 9:02 p.m. B. Lubberts, Deputy Director of Engineering S. Vella, Manager of Accounting S. Scory, Community Planner S. Patterson, Building Official E. Bolster, Deputy Corporate Officer

41 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.

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: Councillor Rogers

THAT the agenda be approved as presented. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Special Council meeting held July 17, 2023

MOVED BY: Councillor Lemon SECONDED: Councillor Brown

THAT the minutes of the Special Council meeting held July 17, 2023 be adopted as presented. CARRIED

b) Minutes of the Council meeting held July 18, 2023

MOVED BY: Councillor Lemon SECONDED: Councillor Brown

THAT the minutes of the Council meeting held July 18, 2023 be adopted as presented. CARRIED

c) Minutes of the Special Council meeting held July 25, 2023

MOVED BY: Councillor Lemon SECONDED: Councillor Brown

THAT the minutes of the Special Council meeting held July 25, 2023 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor thanked Councillors Kowalewich, MacKenzie, and Rogers for filling in during his absence.

5. PETITIONS & DELEGATIONS

a) Dr. E. Pepler, Pepler Group, and Mayor Desjardins, Township of Esquimalt, Re: Healthy Communities Needs Assessment Toolkit

Dr. Pepler spoke to Council regarding the Healthy Communities Needs Assessment Toolkit, specifically health and urban planning data, data sources including surveys, simulation modeling, and decision making.

Mayor Desjardins described that the 2019 use of the Healthy Community Needs Assessment Toolkit in the Township of Esquimalt resulted in the Health Authority’s opening of an urgent and primary care centre and opportunities for developers to provide Assessment-identified facilities through density bonusing.

Council and Dr. Pepler discussed an evidenced-based decision-making approach and municipalities who have used this approach in British Columbia.

Council requested that Dr. Pepler return to a future meeting to answer questions that Council may have regarding the Toolkit.

b) A. Miller, 2446 Park Ridge Place, and M. Austin, 1935 Riverside Drive, Re: Wildlife Attractant Bylaw

Ms. Miller and Ms. Austin spoke to Council regarding the establishment of a wildlife attractant bylaw in the Town, education and outreach, and bear-proof waste bins. They requested that the Town develop a wildlife attractant bylaw and provide bear proof waste bins in both residential and public places.

Council and staff discussed bear proof waste bins, approach other municipalities are taking, and discussion with Capital Regional District (CRD).

MOVED BY: Councillor MacKenzie SECONDED: Councillor Rogers

C-104-23 THAT a report with options on the possibility of establishing a wildlife attractant bylaw and the provision of bear proof waste bins be provided. CARRIED

c) E. Sinclair, Senior Manager, Regional and Strategic Planning, Capital Regional District (CRD), Re: CRD Transportation Governance Engagement

K. Lorette, General Manager, Planning and Protective Services, gave a presentation to Council regarding the CRD Transportation Governance Engagement, specifically, project rationale.

Mr. Lorette introduced E. Sinclair who spoke to Council regarding transportation in the region, workbook input, and next steps.

Council and Ms. Sinclair discussed public engagement, timelines, and completion of the CRD workbook.

6. PUBLIC PARTICIPATION PERIOD

a) J. Miller, 2446 Park Ridge Place, thanked Council for requesting that staff investigate the possibility of establishing a wildlife attractant bylaw and the provision of bear proof waste bins. He hopes the Town of View Royal will be a leader in this area.

b) A. Miller, 2446 Park Ridge Place, spoke from a youth perspective regarding the need for a wildlife attractant bylaw in View Royal.

c) Resident, 1450 Glentana Road, spoke regarding costs associated with bear proof waste bins.

d) J. Reichert, Animal Alliance of Canada, spoke regarding the need for View Royal to establish a wildlife attractant bylaw in partnership with the Capital Regional District and the Province of British Columbia.

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) CRD Transportation Governance Workbook

  1. Report dated August 25, 2023 from the Director of Engineering

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

Council and staff discussed collating submissions, the Town’s potential loss of control over local decision-making with a regional approach, and the impact of weighted voting.

MOVED BY: Councillor Rogers SECONDED: Councillor Brown

C-105-23 THAT each member of Council completes the “Capital Regional District Transportation Governance Engagement Workbook” and return to staff for collating and presenting at the September 12, 2023 Committee of the Whole meeting. CARRIED

b) Development Permit 2023-08 – 1517 and 1519 Admirals Road

  1. Report dated August 11, 2023 from the Community Planner

The Community Planner gave a review of the report to Council.

Council and staff discussed the Town’s as of right Zoning Bylaw provisions regarding cash in lieu of parking; it was noted that those provisions did not apply to this application.

  1. Comments from the Applicant

A. Bursey, Planning Assistant with the Pooni Group, spoke to Council noting that the applicant encourages alternative modes of transportation.

  1. Comments from the Public

a) Resident, 1450 Glentana Road, stated his concerns regarding overflow parking in the summer and increased traffic on Glentana Road.

  1. Correspondence

MOVED BY: Councillor Kowalewich SECONDED: Councillor Rogers

C-106-23 THAT the issuance of Development Permit No. 2023-08 for 1517 and 1519 Admirals Road be authorized, including the following variance to Section 5.10 of Zoning Bylaw No. 900, 2014:

  • reduce the minimum required number of parking spaces from 290 to 247. CARRIED

c) Atkins Roundabout – Construction Contract Awards

  1. Report dated August 31, 2023 from the Deputy Director of Engineering

The Director of Engineering reviewed the report for Council.

Council and staff discussed funding, community engagement in and support for the roundabout, pedestrian safety, bus service route, long-term phased improvement plans for Six Mile Road, statistics, future growth, and pedestrian access to the Galloping Goose Regional Trail.

MOVED BY: Councillor Rogers SECONDED: Councillor Kowalewich

C-107-23 THAT the award of the Six Mile Road at Akins Road Roundabout Construction contract be awarded to Don Mann Excavating at a total cost of $2,960,987.25 excluding applicable taxes;

AND THAT the Six Mile Road at Atkins Road Roundabout Contract Administration contract be awarded to McElhanney at a total cost of $149,249.00 excluding applicable taxes;

AND FURTHER THAT the project budget for C-018 be increased by $1,528,000 in the 2024-2028 Financial Plan for the Six Mile Road at Atkins Road Roundabout project, utilizing Casino Reserve and ICBC grant funding. CARRIED Councillors Brown and Mattson opposed

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

Page 7–15

8.3 OTHER REPORTS

9. CORRESPONDENCE

9.1 FOR ACTION

a) Email dated August 9, 2023 from E. Schumacher, Re: Juan de Fuca 55+ Activity Centre

MOVED BY: Councillor Lemon SECONDED: Councillor Rogers

C-108-23 THAT a $150 grant-in-aid be provided to the Juan de Fuca 55+ Activity Centre to be funded from the grants-in-aid account. CARRIED

b) Letter dated July 28, 2023 from Mayor Murdock, District of Saanich, Re: Saanich Police Department Mental Health Calls for Service

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

THAT the letter dated July 28, 2023 from Mayor Murdock, District of Saanich, Re: Saanich Police Department Mental Health Calls for Service be received. CARRIED

FOR INFORMATION

a) Letter dated July 17, 2023 from J. Ford, UBCM President, Re: Provincial Response to 2022 Resolutions

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

THAT the letter dated July 17, 2023 from J. Ford, UBCM President, Re: Provincial Response to 2022 Resolutions be received for information. CARRIED

10. BYLAWS

a) First, Second and Third Reading of Building Bylaw No. 1111

  1. Report dated August 29, 2023 from the Director of Development Services

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

Council and staff discussed Zero Carbon Step Code implementation.

MOVED BY: Councillor Lemon SECONDED: Councillor Mattson

THAT the report dated August 29, 2023 from the Director of Development Services titled “First, Second, and Third Reading of Building Bylaw No. 1111” be received. CARRIED

  1. Building Bylaw No. 1111, 2023 A Bylaw for Administration of the Building Code and Regulation of Construction

MOVED BY: Councillor Rogers SECONDED: Councillor Brown

THAT Building Bylaw No. 1111, 2023 be given first, second, and third reading. CARRIED

b) First, Second and Third Reading of Amendments to Fees and Charges Bylaw No. 958, 2016

  1. Report dated August 30, 2023 from the Director of Development Services

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

THAT the report dated August 30, 2023 from the Director of Development Services titled “First, Second, and Third Reading of Amendments to Fees and Charges Bylaw No. 958, 2016” be received. CARRIED

  1. Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1119, 2023 A Bylaw to Amend the Fees and Charges Bylaw No. 958, 2016

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1119, 2023 be given first, second, and third reading. CARRIED

c) First, Second and Third Reading of Municipal Ticket Information Bylaw No. 643, Amendment Bylaw No. 1120, 2023

  1. Report dated August 30, 2023 from the Director of Development Services

MOVED BY: Councillor Lemon SECONDED: Councillor Rogers

THAT the report dated August 30, 2023 from the Director of Development Services titled “First, Second, and Third Reading of Municipal Ticket Information Bylaw no. 643, Amendment Bylaw No. 1120, 2023” be received. CARRIED

  1. Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1120, 2023 A Bylaw to Amend the Municipal Ticket Information Bylaw No. 643

MOVED BY: Councillor Rogers SECONDED: Councillor Brown

THAT Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1120, 2023 be given first, second, and third reading. CARRIED

d) Municipal Officials Indemnification Bylaw No. 1121, 2023

  1. Report dated August 15, 2023 from the Corporate and Deputy Corporate Officers

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the report dated August 15, 2023 from the Corporate and Deputy Corporate Officers titled “Municipal Official Indemnification Bylaw No. 1121, 2023” be received. CARRIED

  1. Municipal Official Indemnification Bylaw No. 1121, 2023 A Bylaw to Provide for the Indemnification of the Municipal Officials of the Town of View Royal

MOVED BY: Councillor Lemon SECONDED: Councillor Brown

THAT Municipal Official Indemnification Bylaw No. 1121, 2023 be given first, second, and third reading. CARRIED

e) Fees and Charges Bylaw No. 958, 2016 Amendment – Sewer Rates

  1. Report dated August 31, 2023 from the Director of Finance

The Manager of Accounting gave a review of the report to Council.

Council and staff discussed rate increases and raising fees to accommodate future costs.

MOVED BY: Councillor Lemon SECONDED: Councillor Rogers

THAT the report dated August 31, 2023 from the Director of Finance titled “Fees and Charges Bylaw No. 958, 2016 Amendment – Sewer Rates” be received. CARRIED

  1. Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1122, 2023 A Bylaw to Amend the Town of View Royal Sanitary Sewer Rates in Fees and Charges Bylaw No. 958, 2016

MOVED BY: Councillor MacKenzie SECONDED: Councillor Lemon

THAT Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1122, 2023 be given first, second, and third reading. CARRIED

11. NEW BUSINESS

a) Regulating Temperatures in Rental Units – Councillor Brown

MOVED BY: Councillor Brown SECONDED: Councillor Lemon

C-109-23 THAT a report be prepared that describes other municipalities’ approaches to regulating temperatures in rental units. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Kowalewich

THAT this meeting be extended to 10:30 p.m. CARRIED

b) 2023 Council/Committee of the Whole Meeting Schedule – Councillor Rogers

MOVED BY: Councillor Rogers SECONDED: Councillor Brown

THAT the 2023 Council and Committee of the Whole meeting schedule be amended to include a Council meeting on September 19, 2023. DEFEATED Mayor Tobias, Councillors Brown, Kowalewich, Lemon, and Mattson opposed

12. QUESTION PERIOD

13. MOTIONS & NOTICES OF MOTION

a) Petition the Capital Regional District and Ministry of Transportation and Infrastructure to Extend the Galloping Goose Regional Trail Widening/Lighting Project – Councillor Rogers

MOVED BY: Councillor Rogers SECONDED: Councillor Brown

C-110-23 THAT the Town of View Royal request the Capital Regional District (CRD) to:

  • extend the boundary of the Galloping Goose Regional Trail Widening and Lighting Project from Grange Road/Spectrum Community School area in the District of Saanich westerly to the Helmcken Road overpass in the Town of View Royal; and
  • amend their Financial Plan to accommodate this extension during their 2024 capital budget discussions;

AND THAT a copy of this request be forwarded to the District of Saanich, Township of Esquimalt, and West Shore municipalities. CARRIED

b) Petition Government to Fund and Install Bike Lane on Admirals Road – Councillor Rogers

Councillor Rogers discussed the notice of motion he had placed on the agenda regarding the installation of bicycle lanes on the easterly side of Admirals Road.

Council considered the best approach to address this issue. Councillor Rogers requested that this notice of motion come forward to the September Committee of the Whole meeting for further discussion.

14. RISING REPORT

15. CLOSED MEETING RESOLUTION

MOVED BY: Councillor Lemon SECONDED: Councillor Kowalewich

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)(d & e) – land, (f) – enforcement, and (g) - legal. CARRIED

16. TERMINATION

MOVED BY: Councillor Rogers SECONDED: Councillor Brown

THAT this meeting now terminate. Time: 10:02 p.m. CARRIED

MAYOR

CORPORATE OFFICER

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Extracted from: 2023 10 03 Council Agenda - Agenda - Pdf