MINUTES OF A COUNCIL MEETING HELD ELECTRONICALLY ON TUESDAY, JANUARY 19, 2021
Official minutes from the previous regular council meeting, documenting attendance, public participation, and resolutions passed regarding development permits and bylaws.
TOWN OF VIEW ROYAL MINUTES OF A COUNCIL MEETING
HELD ELECTRONICALLY ON TUESDAY, JANUARY 19, 2021 UNDER THE AUSPICES OF THE EMERGENCY PROGRAM ACT MINISTERIAL ORDER NO. M192
PRESENT WERE:
- Mayor Screech
- Councillor Kowalewich
- Councillor Lemon
- Councillor Mattson
- Councillor Rogers
REGRETS:
- None
PRESENT ALSO:
- K. Anema, Chief Administrative Officer
- S. Jones, Director of Corporate Administration
- L. Chase, Director of Development Services
- J. Rosenberg, Director of Engineering
- D. Christenson, Director of Finance
- J. Chow, Senior Planner
- J. Davison, Community Planner
- E. Bolster, Deputy Corporate Officer
- J. Cochrane, Executive Assistant
- 14 members of the public
- 0 members of the press
1. CALL TO ORDER
Mayor Screech 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 Lemon SECONDED: Councillor Kowalewich
THAT the agenda be amended to include items 8.1(a)(4)(f-j), 8.1(d), 9.2(e-f) and 10(e);
AND THAT the agenda be approved as amended. CARRIED
3. MINUTES, RECEIPT & ADOPTION OF
a) Minutes of the Special Council meeting held January 12, 2021
MOVED BY: Councillor Rogers SECONDED: Councillor Lemon
THAT the minutes of the Special Council meeting held January 12, 2021 be adopted as presented. CARRIED
b) Minutes of the Special Council meeting held December 15, 2020
MOVED BY: Councillor Rogers SECONDED: Councillor Lemon
THAT the minutes of the Special Council meeting held December 15, 2020 be adopted as presented. CARRIED
c) Minutes of the Special Council meeting held December 8, 2020
MOVED BY: Councillor Rogers SECONDED: Councillor Lemon
THAT the minutes of the Special Council meeting held December 8, 2020 be adopted as presented. CARRIED
d) Minutes of the Council meeting held December 1, 2020
MOVED BY: Councillor Rogers SECONDED: Councillor Lemon
THAT the minutes of the Council meeting held December 1, 2020 be adopted as presented. CARRIED
4. MAYOR’S REPORT
The Mayor congratulated and thanked six staff members for their long service to the Town.
The Mayor then read aloud a letter from J.C. Scott thanking the Parks Department for construction of the new stairs at Portage Park.
5. PETITIONS & DELEGATIONS
6. PUBLIC PARTICIPATION PERIOD
a) S. Eassie, 2340 Evelyn Heights, spoke to Council regarding his request for reconsideration to remove a Douglas Fir tree from his property as described in his letter which forms item 8.1(b)(2) of this agenda.
Council and Mr. Eassie discussed the need for an ISA certified arborist report, potential for damage to his rock retaining wall, and a neighbouring property where trees have been removed.
b) R. Painter, 1 Tuzo Court, thanked staff for the comprehensive Climate Action Strategy Terms of Reference.
7. BUSINESS ARISING FROM PREVIOUS MINUTES
8. REPORTS
8.1 STAFF REPORTS
a) Environmental Development Permit No. 2020/09 – Natural Watercourse and Shoreline – 335 Stewart Avenue
Report dated January 12, 2021 from the Community Planner The Community Planner provided a PowerPoint presentation, summarizing the staff report. Council and staff discussed the visual impacts, the environmental report, preservation of the shoreline, work in already disturbed areas, the stop work order on the boathouse structure, feedback from neighbouring property owners, impact on migratory birds, and Federal or Provincial laws permitting fuel storage.
Comments from the Applicant L. Critchley, applicant, addressed Council’s concerns regarding fuel storage and run-off from the accessory building, noting these issues have been dealt with through environmental reports. Mr. Critchley provided presentations to Council regarding the design of the proposed boathouse structure and uplands accessory structure atop an existing paver patio including the rationale for both buildings. Council and Mr. Critchley discussed the proposed enclosure of the boathouse, comments from neighbouring property owners, and whether there had been a prior boathouse application. The Community Planner confirmed that no applications or approvals were made previously.
Comments from the Public n/a
Correspondence a) Note received January 15, 2021 from M. & I. Brown, 328 Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the note received January 15, 2021 from M. & I. Brown, 328 Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
b) Email dated January 11, 2021 from G. Jackson, 329 Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated January 11, 2021 from G. Jackson, 329 Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
c) Email dated January 11, 2021 from B. Holowaychuk, 314 Bessborough Avenue, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated January 11, 2021 from B. Holowaychuk, 314 Bessborough Avenue, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
d) Email dated January 10, 2021 from S. & L. Hamel, 327 Bessborough Close, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated January 10, 2021 from S. & L. Hamel, 327 Bessborough Close, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
e) Email dated December 8, 2020 from G. Mathies, 333A Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated December 8, 2020 from G. Mathies, 333A Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
f) Email dated January 16, 2021 from P. Hyslop, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated January 16, 2021 from P. Hyslop, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
g) Letter dated January 18, 2021 from B. Saladana, 279 Kerwood Street, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the letter dated B. Saladana, 279 Kerwood Street, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
h) Email dated January 19, 2021 from C. Cameron, 327 Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated C. Cameron, 327 Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
i) Letter dated January 19, 2021 from T. & J. Dellaviola, 333 Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the letter dated T. & J. Dellaviola, 333 Stewart Avenue, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
j) Email dated January 19, 2021 from B. Haines, 306 Bessborough Avenue, Re: Environmental Development Permit – 335 Stewart Avenue
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT the email dated B. Haines, 306 Bessborough Avenue, Re: Environmental Development Permit – 335 Stewart Avenue be received. CARRIED
MOVED BY: Councillor Rogers SECONDED: Councillor Kowalewich
C-01-21: THAT Development Permit No. 2020/09 not be approved as per the January 12, 2021 report from the Community Planner titled “Environmental Development Permit No. 2020/09 – Natural Watercourse and Shoreline – 335 Stewart Avenue”. CARRIED Mayor Screech and Councillor Lemon opposed
b) 2340 Evelyn Heights – Tree Permit Denial Reconsideration Request
- Report dated January 14, 2021 from the Director of Engineering The Director of Engineering summarized the report for Council. Council and staff discussed the health of the Douglas Fir tree, potential sources of damage to the rock retaining wall, and the need for an ISA certified arborist report.
MOVED BY: Councillor Mattson SECONDED: Councillor Lemon
C-02-21: THAT the owner of 2340 Evelyn Heights be advised to provide staff with an ISA certified arborist report substantiating that the Douglas Fir tree requested to be removed from the backyard of 2340 Evelyn Heights is causing damage to the rock retaining wall and that no other viable solution is available to protect the tree;
AND THAT, should such a report be provided, staff approve the removal of the subject tree. CARRIED
- Letter received December 17, 2020 from S. Eassie, 2340 Evelyn Heights, Re: Reconsideration of Tree Removal Permit – 2340 Evelyn Heights
MOVED BY: Councillor Mattson SECONDED: Councillor Lemon
THAT the letter received December 17, 2020 from S. Eassie, 2340 Evelyn Heights, Re: Reconsideration of Tree Removal Permit – 2340 Evelyn Heights be received. CARRIED
c) Town of View Royal Climate Action Strategy
- Terms of Reference – December 2020 Council noted the thoroughness of the terms of reference. In response to a question, staff stated that the Climate Action Strategy deals with greenhouse gas emissions and a sea level rise adaptation and mitigation plan would need to be the subject of a future project. A change in project scope at this time would necessitate a significant change to the grant request.
MOVED BY: Councillor Mattson SECONDED: Councillor Lemon
THAT the Town of View Royal Climate Action Strategy Terms of Reference dated December 2020 be received for information. CARRIED
d) Atkins Sidewalk Grant Resolution
- Report dated January 18, 2021 from the Director of Engineering
MOVED BY: Councillor Rogers SECONDED: Councillor Kowalewich
C-03-21: THAT the Town of View Royal submit a grant funding application for the Atkins Road sidewalk from Anya Court to the Langford border through the Canada Infrastructure Program – COVID-19 Resilience Infrastructure Stream;
AND THAT Council supports the project and commits to any associated ineligible costs and cost overruns. CARRIED
8.2 COMMITTEE OF THE WHOLE RESOLUTIONS
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
C-04-21: THAT the Canada-BC Restart Grant be allocated to the Casino reserve to replace 2020 and future revenue lost due to the closure of the Casino in response to the COVID-19 pandemic. CARRIED
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
C-05-21: THAT bird friendly design guidelines be referred to the Official Community Plan process for consideration with the review of development permit areas;
AND THAT options for incorporation of bird friendly design be considered for developments where possible in advance of that OCP review. CARRIED
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
C-06-21: THAT a 0.50% annual tax increase be incorporated into the Financial Plan for budget discussion to facilitate a funding transition for West Shore Parks and Recreation from Casino revenue to taxation. CARRIED
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
C-07-21: THAT a $1,000 grant-in-aid, in support of P. Hurst’s campaign for the 2020 Wounded Warrior Run BC, be approved. CARRIED
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
C-08-21: THAT the West Shore Parks and Recreation Society Draft 2021 budget be approved. CARRIED
8.3 OTHER REPORTS
a) Minutes of the West Shore Parks and Recreation Society Special Board of Directors meeting held November 25, 2020
MOVED BY: Councillor Rogers SECONDED: Councillor Kowalewich
THAT the minutes of the West Shore Parks and Recreation Society Special Board of Directors meeting held November 25, 2020 be received. CARRIED
9. CORRESPONDENCE
9.1 FOR ACTION
a) Letter received January 8, 2021 from Softball British Columbia, Re: COVID-19 Relief Funding
MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich
THAT the letter dated January 8, 2021 from Softball British Columbia, Re: COVID-19 Relief Funding be received. CARRIED
9.2 FOR INFORMATION
a) Letter dated January 8, 2021 from Mayor Dooley, City of Nelson, Re: Vaccination Priority for Essential Critical Infrastructure Municipal Employees
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT the letter dated January 8, 2021 from Mayor Dooley, City of Nelson, Re: Vaccination Priority for Essential Critical Infrastructure Municipal Employees be received for information. CARRIED
b) Letter dated January 7, 2021 from J. Watters, Board Chair, Greater Victoria School District, Re: Greater Victoria School District Trustee Assigned to View Royal
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT the letter dated January 7, 2021 from J. Watters, Board Chair, Greater Victoria School District, Re: Greater Victoria School District Trustee Assigned to View Royal be received for information. CARRIED
c) Email dated December 16, 2020 from G. Blogg, President, Portage Inlet Sanctuary Colquitz Estuary Society (PISCES), Re: Portage Inlet Linear Park
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT the email dated December 16, 2020 from G. Blogg, President, PISCES, Re: Portage Inlet Linear Park be received for information. CARRIED
d) Letter dated December 15, 2020 from S. Brice, Chair, Victoria Regional Transit Commission, Re: Regional Transit Year End Summary
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT the letter dated December 15, 2020 from S. Brice, Chair, Victoria Regional Transit Commission, Re: Regional Transit Year End Summary be received for information. CARRIED
e) Email dated January 17, 2021 from G. Blogg, President, Portage Inlet Sanctuary Colquitz Estuary Society (PISCES), Re: Protection of Portage Inlet Linear Park and Victoria Harbour Federal Migratory Bird Sanctuary
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT the email dated January 17, 2021 from G. Blogg, President, PISCES, Re: Protection of Portage Inlet Linear Park and Victoria Harbour Federal Migratory Bird Sanctuary be received for information. CARRIED
f) Email dated January 19, 2021 from J. Devonshire, View Royal Climate Coalition, Re: Climate Action Strategy Terms of Reference
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT the email dated January 19, 2021 from J. Devonshire, View Royal Climate Coalition, Re: Climate Action Strategy Terms of Reference be received for information. CARRIED
10. BYLAWS
a) Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1059, 2020 A Bylaw to Amend the Town of View Royal Zoning Bylaw with Respect to Creating the CD-25 Zone and with Respect to the Rezoning of 9 Erskine Lane
MOVED BY: Councillor Rogers SECONDED: Councillor Lemon
THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1059, 2020 be adopted. CARRIED
b) Tax Exemption Bylaw (Cultural Centre) No. 1064, 2020 A Bylaw to Provide Tax Exemption for a Cultural Centre
MOVED BY: Councillor Mattson SECONDED: Councillor Rogers
THAT Tax Exemption Bylaw (Cultural Centre) No. 1064, 2020 be adopted. CARRIED
c) Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1062, 2020 A Bylaw to Amend Zoning Bylaw Regarding Electric Vehicle and Electric Vehicle Bicycle Infrastructure
MOVED BY: Councillor Rogers SECONDED: Councillor Lemon
THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1062, 2020 be given third reading. CARRIED
d) Official Community Plan Amendment Bylaw No. 1060 and Zoning Bylaw Amendment Bylaw No. 1061 – 298 Island Highway
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
C-09-21: THAT a Public Hearing for Official Community Plan No. 811, 2011, Amendment Bylaw No. 1060, 2020 and Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1061, 2020 for 298 Island Highway be scheduled for February 2, 2021. CARRIED
e) Housing Agreement Bylaw No. 1065, 2021 (9 Erskine Lane) A Bylaw to Enter into a Housing Agreement under Section 483 of the Local Government Act
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT Housing Agreement Bylaw No. 1065, 2021 be given first, second and third reading. CARRIED
11. NEW BUSINESS
12. QUESTION PERIOD
13. MOTIONS & NOTICES OF MOTION
14. CLOSED MEETING RESOLUTION
15. RISING REPORT
MOVED BY: Councillor Rogers SECONDED: Councillor Kowalewich
C-10-21: a) 2379 Lund Road – Offer to Purchase From the December 15, 2020 In-Camera meeting:
MOVED BY: Councillor Rogers SECONDED: Councillor Mattson
THAT the offer to purchase 2379 Lund Road received from Ash Mountain Construction Ltd. be countered as follows:
- Increase the sale price from $575,000 to $600,000;
- Require the deposit to be due within two business days after acceptance;
- Move completion to be three weeks after removal of all conditions;
- Require the submission of a complete Development Permit application within forty-five days of acceptance; and
- Change the irrevocable date on the counteroffer to Friday, December 18, 2020 at 5:00 p.m.;
AND THAT staff be authorized to execute the required documentation to proceed with the sale of 2379 Lund Road to Ash Mountain Construction Ltd. should a further counteroffer be received from that Purchaser between $575,000 and $600,000;
AND FURTHER THAT, should the Purchaser accept the counteroffer, that staff proceed with the work required to satisfy the Vendor’s conditions of this agreement, including signing of required documentation. CARRIED
16. TERMINATION
MOVED BY: Councillor Rogers SECONDED: Councillor Lemon
THAT this meeting now terminate. Time: 8:36 p.m. CARRIED
MAYOR CORPORATE OFFICER
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