Minutes of a Council Meeting Held on Tuesday, July 18, 2023

MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, JULY 18, 2023

VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS

PRESENT WERE: Mayor Tobias Councillor Brown Councillor Kowalewich Councillor Lemon Councillor MacKenzie Councillor Mattson Councillor Rogers

PRESENT ALSO: K. Anema, Chief Administrative Officer S. Jones, Director of Corporate Administration L. Taylor, Director of Development Services I. Leung, Director of Engineering B. Lubberts, Deputy Director of Engineering S. Patterson, Building Inspector

18 members of the public 0 members of the press

1. CALL TO ORDER

Mayor Tobias called the meeting to order at 7:00p.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 BY: Councillor Mattson

THAT the agenda be amended to table item 5(a) to the September 5, 2023 Council meeting;

AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Council meeting held July 4, 2023

MOVED BY: Councillor Rogers SECONDED BY: Councillor MacKenzie

THAT the minutes of the Council meeting held July 4, 2023 be adopted as presented. CARRIED

b) Minutes of the Special Council meeting held June 28, 2023

MOVED BY: Councillor Rogers SECONDED BY: Councillor MacKenzie

THAT the minutes of the Special Council meeting held June 28, 2023 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor noted he will be welcoming the U15A Girls Provincial Softball Championships to Helmcken Centennial Park for the July 21 – 23 tournament and described a presentation of a certificate to A Kinder Cup coffee shop.

5. PETITIONS & DELEGATIONS

a) Dr. E. Pepler, Pepler Group, Re: Healthy Communities Needs Assessment Toolkit tabled to the September 5, 2023 Council meeting

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

a) Draft Tenant Assistance Policy

1. Tabled motion from the July 4, 2023 Council meeting

Council and staff discussed the Policy’s effective date vis a vis its impact to in-stream applications and the applicability of the Policy to rezoning applications only.

MOVED BY: Councillor Mattson SECONDED BY: Councillor Brown

THAT all in-stream rezoning applications comply with the Tenant Assistance Policy. DEFEATED Councillors Brown, Kowalewich, Lemon, MacKenzie and Rogers

MOVED BY: Councillor Rogers SECONDED BY: Councillor Brown

C-96-23 THAT applications received before July 4, 2023 not be required to comply with the Tenant Assistance Policy. CARRIED Councillors Brown, Lemon and MacKenzie opposed

8. REPORTS

8.1 STAFF REPORTS

a) Section 57 Notice on Title – 21 Eaton Avenue

1. Report dated June 28, 2023 from the Building Official
2. Letter dated July 4, 2023 to A. & L. Burns from the Deputy Corporate Officer, Re: Section 57 Notice under the Community Charter for 21 Eaton Avenue

The Director of Development Services gave a summary of the report to Council and introduced the Town’s solicitor, D. Goodfellow, Phoenix Law, and the Building Inspector who reviewed the report for Council.

Council, D. Goodfellow, and staff discussed ways in which a section 57 notice on title can be removed, timeline for the notice, structural issues of concern, inspections to date, structural review, and an update at the September 5, 2023 In-Camera meeting.

In response to Council’s questions, D. Goodfellow suggested that legal advice be received in-camera.

MOVED BY: Councillor Kowalewich SECONDED BY: Councillor Brown

THAT consideration of the staff report titled “Section 57 Notice on Title – 21 Eaton Avenue” be tabled following discussion at the In-Camera Council meeting. CARRIED Councillor Mattson opposed

Following the July 18, 2023 In-Camera Council meeting, Council passed the following recommendation:

MOVED BY: Councillor Brown SECONDED BY: Councillor Rogers

C-97-23 THAT pursuant to section 57 of the Community Charter, SBC 2003, C. 26, the Town of View Royal file a notice with the Land Title and Survey Authority against land with a civic address of 21 Eaton Avenue, Victoria, BC, V8Z 5C9 and a legal description of LOT E, SECTION 9, ESQUIMALT DISTRICT, PLAN 4018, PID: 006-169-881 (the “Property”) for failure to comply with the Town of View Royal’s Zoning Bylaw No. 900, 2014 (“Zoning Bylaw”) and the Town of View Royal’s Building Bylaw No. 786, 2010 (“Building Bylaw”). CARRIED

b) Request to Provide Liquor Service at Helmcken Centennial Park

1. Report dated July 12, 2023 from the Engineering Clerk

MOVED BY: Councillor Mattson SECONDED BY: Councillor Lemon

C-98-23 THAT the application for a Special Event Permit to provide liquor service on public property during the Canadian Cancer Society Cops for Cancer Tour de Rock two-day baseball tournament (August 12-13, 2023) at Helmcken Centennial Park be endorsed. CARRIED

c) Packers Pump Station Tender Update

1. Report dated July 12, 2023 from the Director of Engineering and Parks

MOVED BY: Councillor Mattson SECONDED BY: Councillor Brown

C-99-23 THAT staff be permitted to award the tender of construction works to the successful bidder if the bid is within existing project budget;

AND THAT if the successful bid causes the project to exceed budget, that a Special Council meeting be held in August to address the budget issue. CARRIED

d) Accessible BC Act – Municipal Requirements – Update

1. Report dated June 30, 2023 from the Corporate Officer

The Corporate Officer gave an overview of the report to Council.

Council and staff discussed the value of municipalities working together, the legislative focus on removing barriers to municipal operations and services, the proposed facilitated public engagement, the parallel role of the Intermunicipal Advisory Committee on Disability Issues, the ability to expand or completely change the committee structure over time, and the timing for other partner municipalities to consider the report.

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

C-100-23 THAT the municipality participate in a joint intermunicipal staff accessibility advisory committee – the Capital West Accessibility Advisory Committee – with partners to include the City of Colwood, the Township of Esquimalt, the District of Highlands, the City of Langford, the District of Metchosin, the District of Sooke and the Town of View Royal;

AND THAT terms of reference for this joint intermunicipal staff accessibility advisory committee be provided for consideration of approval in the fall of 2023;

AND THAT each member municipality of this joint intermunicipal staff accessibility advisory committee allocate nominal annual operating funds for committee expenses;

AND THAT the joint sub-regional staff accessibility advisory committee prepare the initial accessibility plan with a focus on service delivery and employment;

AND THAT the funding allocated in Year 1 of the 2023-2027 Financial Plan originally for development of the accessibility plan be used, as funds permit, instead for:

• assistance, as and if required, with development of the accessibility plan;
• facilitated engagement sessions on barriers faced by the public in accessing services of the partner municipalities; and
• a specific project or initiative to begin to identify accessibility barriers, for example, assessments of the partner municipalities’ websites, hiring practices, or main municipal hall buildings;

AND FURTHER THAT the Town of View Royal establish an email address to receive public comments as set out in the Accessible BC Act. CARRIED

e) Helmcken Road Trestle – Mural Design Selection

1. Report dated July 13, 2023 from the Corporate Officer and Deputy Corporate Officer

The Corporate Officer gave a summary of the report to Council.

Council and staff discussed feedback from the Community Development Advisory Committee, potential changes to the recommended design, and the project timeline impact if additional consultation was sought.

MOVED BY: Councillor Lemon SECONDED BY: Councillor Mattson

THAT the mural design submitted by Jesse Campbell in response to the “Call for Artists” issued June 26, 2023 be selected for the public art acquisition project for the Helmcken Road trestle (N-093). DEFEATED Councillors Brown, Kowalewich, MacKenzie and Rogers opposed

MOVED BY: Councillor Brown SECONDED BY: Councillor Rogers

C-101-23 THAT the mural design submitted by Collin Elder in response to the “Call for Artists” issued June 26, 2023 be selected for the public art acquisition project for the Helmcken Road trestle (N-093). CARRIED Mayor Tobias and Councillors Lemon and Mattson opposed

f) Annual Report for Year Ended December 31, 2022

1. Report dated July 13, 2023 from the Executive Assistant

MOVED BY: Councillor Brown SECONDED BY: Councillor MacKenzie

C-102-23 THAT the Annual Report for the year ended December 31, 2023 be adopted. CARRIED

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

Council and staff discussed timeline for implementation.

MOVED BY: Councillor Brown SECONDED BY: Councillor Lemon

C-103-23 THAT the Zero Carbon Step Code be implemented in the Building Bylaw as follows:

1. Part 9 Buildings (i.e. houses, duplexes/multiplexes, townhouse) meet Zero Carbon Step Code Level 4 by November 1, 2023;
2. Part 3 Residential Buildings of Six-Storeys or less meet Zero Carbon Step Code Level 4 by July 1, 2024; and
3. Part 3 Residential Buildings Greater than Six-Storeys and Commercial Buildings meet Zero Carbon Step Code Level 4 by November 1, 2024. CARRIED Councillor Rogers opposed

8.3 OTHER REPORTS

9. CORRESPONDENCE

9.1 FOR ACTION

a) Email dated July 7, 2023 from T. Blackstock, Re: Nursery Hill Park

In response to a question from a Council member, the Director of Engineering indicated that discussions with the strata have occurred in recent months regarding the provision of a better visual and partial noise barrier. Staff continue to engage with the strata and an agreement may be reached whereby the Town provides plants and the strata installs and maintains them.

MOVED BY: Councillor Mattson SECONDED BY: Councillor Lemon

THAT the email dated July 7, 2023 from T. Blackstock, Re: Nursery Hill Park be received. CARRIED

b) Letter dated July 5, 2023 from D. Hayden, President, Island Rail, Re: Rebuilding Contemporary Rail for the Next Seven Generations

Council discussed the Mayor advocating through the Capital Regional District for a meeting to be organized between Capital Regional District mayors and Island Rail Corp. to discuss rail passenger service.

MOVED BY: Councillor Mattson SECONDED BY: Councillor Lemon

THAT the letter dated July 5, 2023 from D. Hayden, President, Island Rail, Re: Rebuilding Contemporary Rail for the Next Seven Generations be received. CARRIED

9.2 FOR INFORMATION

a) Email dated July 5, 2023 from G. Webber, Re: Vancouver Island Rail Transit

MOVED BY: Councillor MacKenzie SECONDED BY: Councillor Lemon

THAT the email dated July 5, 2023 from G. Webber, Re: Vancouver Island Rail Transit be received for information. CARRIED

b) Email dated June 28, 2023 from W. Ackinclose, Re: Building in View Royal

MOVED BY: Councillor MacKenzie SECONDED BY: Councillor Lemon

THAT the email dated June 28, 2023 from W. Ackinclose, Re; Building in View Royal be received for information. CARRIED

10. BYLAWS

a) Financial Plan Bylaw No. 1113, 2023, Amendment Bylaw No. 1118, 2023 A Bylaw to Amend Financial Plan Bylaw No. 1113, 2023

MOVED BY: Councillor Rogers SECONDED BY: Councillor Mattson

THAT Financial Plan Bylaw No. 1113, 2023, Amendment Bylaw No. 1118, 2023 be adopted. CARRIED

11. NEW BUSINESS

12. QUESTION PERIOD

13. MOTIONS & NOTICES OF MOTION

14. CLOSED MEETING RESOLUTION

MOVED BY: Councillor MacKenzie SECONDED BY: Councillor Brown

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)(i) – legal advice. CARRIED

16. RISING REPORT

17. TERMINATION

MOVED BY: Councillor Rogers SECONDED BY: Councillor Lemon

THAT this meeting now terminate. Time: 9:44 p.m. CARRIED

MAYOR

CORPORATE OFFICER