MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, OCTOBER 3, 2023

MINUTES OF A COUNCIL MEETING

HELD ON TUESDAY, OCTOBER 3, 2023

VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS

PRESENT WERE:

• Mayor Tobias
• Councillor Brown
• Councillor Kowalewich
• Councillor MacKenzie
• Councillor Rogers

REGRETS:

• Councillor Lemon
• Councillor Mattson

PRESENT ALSO:

• K. Anema, Chief Administrative Officer
• S. Jones, Director of Corporate Administration
• L. Taylor, Director of Development Services
• I. Leung, Director of Engineering
• D. Christenson, Director of Finance and Technology
• P. Hurst, Director of Protective Services
• J. Chow, Senior Planner
• A. Heimburger, Engineering Clerk
• 13 members of the public
• 0 members of the press

1. CALL TO ORDER

Mayor Tobias called the meeting to order at 7:01p.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 Rogers SECONDED: Councillor Mackenzie

THAT the agenda be approved as presented. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Council meeting held September 5, 2023

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the minutes of the Council meeting held September 5, 2023 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor paid respects to fallen Ridge Meadows RCMP Constable, Rick O’Brien, and extended his thanks to the View Royal Fire Department and all involved in the recent call at Thetis Lake Regional Park.

He thanked those who took part in the South Island Powwow held September 30, 2023.

5. PETITIONS & DELEGATIONS

a) M. Essery, Chair, Intermunicipal Advisory Committee on Disability Issues, Re: Intermunicipal Advisory Committee on Disability Issues

Ms. Essery provided an overview of the history, mandate, and structure of the Intermunicipal Advisory Committee on Disability Issues (IACDI). She expressed appreciation for recent participation by View Royal Council members and noted the importance of accessibility legislation. Ms. Essery indicated that IACDI will be transitioning to a non-profit society in the coming months.

Council and Ms. Essery discussed the community impact of IACDI, changes in structure following transition to a non-profit society, public engagement as municipalities develop their accessibility plans, and the potential for View Royal to help advertise for a local resident representative to the society at the appropriate time.

6. PUBLIC PARTICIPATION PERIOD

Due to technical challenges, the Public Participation Period was unavailable to those wishing to participate by telephone.

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Development Variance Permit 2023-07 – 25 Chancellor Avenue

1. Report dated September 26, 2023 from the Senior Planner

The Senior Planner gave a summary of the report to Council.

Due to technical challenges preventing residents from providing comments by telephone, it was determined that there will be a readvertisement for a later meeting date for consideration of Development Variance Permit Application No. 2023-07 related to 25 Chancellor Avenue.

MOVED BY: Councillor Rogers SECONDED: Councillor Brown

C-111-23 THAT the Development Variance Permit 2023-07 application for 25 Chancellor Avenue be tabled to the October 17, 2023 Council meeting. CARRIED

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

MOVED BY: Councillor MacKenzie SECONDED: Councillor Brown

C-112-23 THAT the establishment of a community police station in View Royal be explored. CARRIED

MOVED BY: Councillor MacKenzie SECONDED: Councillor Brown

C-113-23 THAT the Town write to the Province regarding the need to reform the BC Utilities Commission and enact legislation to regulate greenhouse gas emissions from gas utilities in BC. CARRIED

MOVED BY: Councillor MacKenzie SECONDED: Councillor Brown

C-114-23 THAT the practice of contributing any surplus attributable to policing services to the Police Operating Reserve be confirmed and consideration of annual contributions to the Police Operating Reserve be referred to the 2024-2028 Financial Plan discussions. CARRIED

MOVED BY: Councillor MacKenzie SECONDED: Councillor Brown

C-115-23 THAT engagement practices on policy development be referred to staff. CARRIED

MOVED BY: Councillor MacKenzie SECONDED: Councillor Brown

C-116-23 THAT a report on updated options for noise mitigation on the Trans-Canada Highway along the Thetis Vale community be prepared. CARRIED

MOVED BY: Councillor MacKenzie SECONDED: Councillor Brown

C-117-23 THAT the business license fees for cannabis retail stores be changed from $7,500 to $1,500. CARRIED

MOVED BY: Councillor MacKenzie SECONDED: Councillor Brown

C-118-23 THAT the Town of View Royal Council collated responses to the Capital Regional District Transportation Governance Engagement Workbook, discussed and agreed upon at the September 12, 2023 Committee of the Whole meeting, be submitted as the Town’s completed questionnaire to the Capital Regional District. CARRIED

MOVED BY: Councillor Rogers SECONDED: Mayor Tobias

C-119-23 THAT a letter be sent to the Ministry of Transportation and Infrastructure encouraging the installation of bicycle lanes on the east side of Admirals Road. CARRIED

8.3 OTHER REPORTS

a) Minutes of the West Shore Parks and Recreation Society Board of Directors meeting held June 15, 2023

The Committee discussed the provision of pickleball facilities at the Juan de Fuca site.

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the minutes of the West Shore Parks and Recreation Society Board of Directors meeting held June 15, 2023 be received. CARRIED

b) Minutes of the Parks, Recreation and Environment Advisory Committee meeting held September 26, 2023

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the minutes of the Parks, Recreation and Environment Advisory Committee meeting held September 26, 2023 be received. CARRIED

Councillor Rogers discussed residents in the Nursery Hill area want both a playground and an off-leash dog park and noted a petition about one or both matters are anticipated to be submitted.

Council discussed that the residents’ interests are diverse and are undertaking survey work themselves with respect to potential greenspace development options. It was noted that there are space constraints in Garry Oak Meadows Park to meet all the expressed greenspace use desires and this limitation is not restricted to this neighbourhood.

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the recommendation (PREAC-10-23) from the September 26, 2023 Parks, Recreation and Environment Advisory Committee meeting regarding Nursery Hill Drive Playground Request be received. CARRIED

Council discussed a need for additional information on the use of renewable natural gas through staff engagement with other local governments.

MOVED BY: Councillor Rogers SECONDED: Councillor Kowalewich

C-120-23 THAT the recommendation (PREAC-11-23) from the September 26, 2023 Parks, Recreation and Environment Advisory Committee meeting regarding Prohibiting Renewable Natural Gas be referred to staff. CARRIED

c) Minutes of the Community Development Advisory Committee meeting held September 26, 2023

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the minutes of the Community Development Advisory Committee meeting held September 26, 2023 be received. CARRIED

Council discussed incorporating advisory committee structure discussions into a Strategic Plan workshop prior to referring to both existing advisory committees for feedback. It was decided to also consider the topic at an upcoming Committee of the Whole meeting.

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the recommendations (CDAC-03-23 and CDAC-04-23) from the September 26, 2023 Community Development Advisory Committee meeting regarding Community Development Advisory Committee Mandate and Procedures be received. CARRIED

9. CORRESPONDENCE

9.1 FOR ACTION

a) Letter dated September 26, 2023 from K. Morley, Corporate Officer and General Manager, Capital Regional District, Re: Consent for Bylaw No. 4551 – Land Assembly, Housing and Land Banking Service Establishment Bylaw No. 1, 2010, Amendment Bylaw No. 2, 2023

Council discussed cost implications to the Town, land banking along rapid transit corridors, impact of property tax exemptions for Capital Regional District (CRD) owned buildings, and potential to require new developments to provide affordable housing units to the CRD.

Council requested that a CRD representative provide Council with additional information at an upcoming Council meeting.

MOVED BY: Councillor MacKenzie SECONDED: Councillor Rogers

C-121-23 THAT consideration of consent for Capital Regional District Bylaw No. 4551 “Land Assembly, Housing and Land Banking Service Establishment Bylaw No. 1, 2010, Amendment Bylaw No. 2, 2023” be tabled to the October 17, 2023 Council meeting. CARRIED

9.2 FOR INFORMATION

Council discussed community feedback regarding implementation of a signalized intersection in lieu of the originally proposed roundabout.

Council and staff discussed resident concerns regarding traffic congestion and safety, comparison between Erskine Lane and similar roadways, updated traffic plan requirements for the applicant, and confirmed the encroachment of the originally proposed roundabout onto private land.

a) Email dated September 25, 2023 from D. Denton, Re: Roundabout at Erskine Lane

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the email dated September 25, 2023 from D. Denton, Re: Roundabout at Erskine Lane be received for information. CARRIED

b) Email dated September 22, 2023 from K. & L. Gilbert, 68-14 Erskine Lane, Re: Roundabout at Erskine Lane

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the email dated September 22, 2023 from K. & L. Gilbert, 68-14 Erskine Lane, Re: Roundabout at Erskine Lane be received for information. CARRIED

c) Email dated September 14, 2023 from G. Balkan, 14 Erskine Lane, Re: West Urban Development on Erskine Lane

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the email dated September 14, 2023 from G. Balkan, 14 Erskine Lane, Re: West Urban Development on Erskine Lane be received for information. CARRIED

d) Email dated September 13, 2023 from M. Faulkner, 75 Erskine Lane, Re: Watkiss Way and Erskine Lane

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT the email dated September 13, 2023 from M. Faulkner, 75 Erskine Lane, Re; Watkiss Way and Erskine Lane be received for information. CARRIED

10. BYLAWS

a) Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1123, 2023 – Bylaw Notification

1. Report dated September 27, 2023 from the Senior Planner

MOVED BY: Councillor Brown SECONDED: Councillor Rogers

THAT the report dated September 27, 2023 from the Senior Planner titled “Fees and Charges Bylaw No. 958, 20156, Amendment Bylaw No. 1123, 2023 – Bylaw Notification” be received. CARRIED

2. Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1123, 2023 A Bylaw to Amend Business License Fees with Fees and Charges Bylaw No. 958, 2016 for Cannabis Retail Store

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1123, 2023 be give first, second and third reading. CARRIED

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

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT Building Bylaw No. 1111, 2023 be adopted. CARRIED

c) Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1119, 2023 A Bylaw to Amend 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 adopted. CARRIED

d) 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 Brown SECONDED: Councillor MacKenzie

THAT Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1120, 2023 be adopted. CARRIED

e) Municipal Officials 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 Rogers SECONDED: Councillor MacKenzie

THAT Municipal Officials Indemnification Bylaw No. 1121, 2023 be adopted. CARRIED

f) 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 Rogers

THAT Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1122, 2023 be adopted. CARRIED

11. NEW BUSINESS

12. QUESTION PERIOD

In response to technical challenges experienced earlier in the meeting, those wishing to participate remotely during Question Period were provided the opportunity to do so through a web link.

13. MOTIONS & NOTICES OF MOTION

a) Appointment to the Capital West Accessibility Advisory Committee – Councillor Brown

Council discussed the intermunicipal staff accessibility advisory committee, public engagement related to the online survey related to the upcoming Accessibility Plan, and the decision by IACDI to become a registered society and its new governance model. Council noted their support to see a View Royal resident with lived experience involved in the new society and that they look forward to the transition of the Capital West Accessibility Advisory Committee to having a community membership composition.

MOVED BY: Councillor Brown SECONDED: Councillor MacKenzie

C-122-23 THAT the Town of View Royal assist with recruitment of a View Royal community member to an accessibility committee at the appropriate time. CARRIED

b) Demolition and Deconstruction Bylaw – Councillor MacKenzie

Council discussed the feasibility of a demolition and deconstruction bylaw in the Town.

Council and staff discussed both limited staff capacity and access to records predating municipal incorporation.

MOVED BY: Councillor MacKenzie SECONDED: Councillor Brown

C-123-23 THAT a report be prepared on the considerations and implications of a potential demolition and deconstruction bylaw. CARRIED

14. CLOSED MEETING RESOLUTION

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

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, (e) – land and (i) - legal. CARRIED

16. RISING REPORT

17. TERMINATION

MOVED BY: Councillor Rogers SECONDED: Councillor MacKenzie

THAT this meeting now terminate. Time: 9:08 p.m. CARRIED

MAYOR __________________________ CORPORATE OFFICER __________________________