TOWN OF VIEW ROYAL MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, OCTOBER 19, 2021

MINUTES OF A COUNCIL MEETING

HELD ON TUESDAY, OCTOBER 19, 2021 VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS

PRESENT WERE: Mayor Screech Councillor Kowalewich Councillor Lemon Councillor Mattson Councillor Rogers

REGRETS:

PRESENT ALSO: K. Anema, Chief Administrative Officer S. Jones, Director of Corporate Administration J. Rosenberg, Director of Engineering D. Christenson, Director of Finance L. Chase, Director of Development Services J. Chow, Senior Planner J. Davison, Community Planner E. Bolster, Deputy Corporate Officer 9 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 Mattson

THAT the agenda be amended to include items 9.2(l-m);

AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Special Council meeting held October 12, 2021

MOVED BY: Councillor Rogers SECONDED: Councillor Kowalewich

THAT the minutes of the Special Council meeting held October 12, 2021 be adopted as presented. CARRIED

b) Minutes of the Council meeting held October 5, 2021

MOVED BY: Councillor Rogers SECONDED: Councillor Kowalewich

THAT the minutes of the Council meeting held October 5, 2021 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor spoke about item 9.2(c), the petition regarding 275 Kerwood Street. He clarified that the building permit was issued on the basis of an application consistent with the development permit; the work is in progress; and inspections are ongoing. If there is a matter that needs to be dealt with, it would be brought by staff as a report in due course. He stated that he has attended the site and feels that there are inaccuracies in the petition regarding wall height. The Town will ensure what is approved is what is built and has communicated this with the neighbour at the beginning of the process.

5. PETITIONS & DELEGATIONS

a) R. Copithorne, President, Gibraltar Bay Strata Corporation, Re: Maintenance Costs for Shared Walkway

Mr. Copithorne introduced the Strata’s Vice President, Barb Severyn, and proceeded to outline the Strata’s requests for ongoing shared maintenance costs of the walkway, gazebo and handrail and replacement of the gazebo in 2029 with the Gibraltar Bay Strata Corporation.

As well, Mr. Copithorne conveyed the Strata’s requests that the Town install and regularly service a garbage container at the Palmer Station entrance to the common waterfront property with the gazebo and that the Town carry insurance to cover public use of this property.

Mayor Screech noted that Council cannot fetter a future Council by making a commitment for work in 2029.

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

THAT the Town cost share the maintenance and repair of the walkway, hand rail and gazebo and the replacement of the gazebo in 2029 with the Gibraltar Bay Strata Council. DEFEATED Mayor Screech and Councillor Kowalewich and Mattson opposed

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

C-106-21 THAT a report be provided to Council on: a.) the possibility of the Town cost sharing on a 50/50 basis with the Gibraltar Bay Strata: i. the ongoing maintenance and repair costs for the walkway, handrail, and gazebo; ii. the installation and ongoing servicing of a garbage receptacle at the Palmer Station entrance to the common waterfront property; iii. the replacement of the gazebo in 2029; and iv. the Town’s insurance requirements, if any. CARRIED

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Development Variance Permit No. 2021/03 – 373 Island Highway

1. Report dated October 14, 2021 from the Senior Planner The Senior Planner gave a summary of the report to Council.
2. Comments from the Applicant
3. Comments from the Public
4. Correspondence

MOVED BY: Councillor Kowalewich SECONDED: Councillor Mattson

C-107-21 THAT Development Variance Permit No. 2021/03 be approved as per the report dated October 14, 2021 from the Senior Planner titled “Development Variance Permit No. 2021/03 – 373 Island Highway”;

AND THAT Development Variance Permit No. 2021/03 include the following variance:

• Variance to the definition of “grade” within Section 2 of the Zoning Bylaw No. 900, 2014 as follows:
  • from: “the weighted average of the existing grade or finished grade, whichever is lower, immediately adjoining or immediately below each exterior wall of a building, except:
    • localized natural depressions,
    • localized depressions no wider than 10m for vehicle entrances, or
    • localized depressions no wider than 5m for pedestrian entrances”
  • to: “13.53m geodetic or finished grade, whichever is lower”. CARRIED

b) 9 Erskine Lane – Soil Removal

1. Report dated October 13, 2021 from the Community Planner The Community Planner gave a review of the report to Council.

Council and staff discussed process and timing, volume of material, traffic and pedestrian safety, potential permit conditions, and security deposits.

The Director of Development Services noted that damage and cleanliness to the road are addressed in the Town’s Soil Deposit and Removal Bylaw.

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

C-108-21 THAT Soil Removal Permit No. 2021/01 be approved as per the report dated October 12, 2021 from the Community Planner titled “9 Erskine Lane – Soil Removal”. CARRIED Councillor Rogers opposed

c) Chilco Park Secure Off-Leash Dog Area

1. Report dated July 7, 2021 from the Engineering Clerk

Councillor Rogers provided notes he had prepared about the potential to site an off-leash dog area at 80 Atkins Road.

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the report dated July 7, 2021 from the Engineering Clerk titled “Chilco Park Secure Off-Leash Dog Area” be received for information.

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

C-109-21 THAT the report dated July 7, 2021 from the Engineering Clerk titled “Chilco Park Secure Off-Leash Dog Area” be received for information;

AND THAT the notes distributed by Councillor Rogers at the October 21, 2021 Council meeting regarding 80 Atkins Road as a potential off-leash dog area be referred to staff. CARRIED AS AMENDED Councillor Mattson opposed

d) Financial Policies Review

1. Report dated October 4, 2021 from the Director of Finance

MOVED BY: Councillor Rogers SECONDED: Councillor Mattson

C-110-21 THAT the revised Policy No. 1600-020 – Reserves and Surplus be adopted;

AND THAT Community Amenity Contributions Reserves Bylaw No. 1080, 2021 be brought forward to the November 2, 2021 Council meeting for consideration of first, second and third readings. CARRIED

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

MOVED BY: Councillor Mattson SECONDED: Councillor Lemon

C-111-21 THAT the four items identified in the October 1, 2021 report from the Director of Finance titled “Council Initiatives for 2022-2026” not be included in the 2022-2026 Financial Plan. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

C-112-21 THAT staff report at a future date on off-leash park and playground opportunities in the central and east Burnside Neighbourhood and the west Hospital Neighbourhood. CARRIED

8.3 OTHER REPORTS

a) Minutes of the Community Development Advisory Committee meeting held September 28, 2021

The Director of Development Services noted the recommendations made by the Community Development Advisory Committee will be included in a related Community Amenity Contribution report anticipated for the November Committee of the Whole meeting.

MOVED BY: Councillor Rogers SECONDED: Councillor Mattson

THAT the minutes of the Community Development Advisory Committee meeting held September 28, 2021 be received. CARRIED

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT the recommendations from the September 28, 2021 Community Development Advisory Committee (CDAC-03-21, CDAC-04-21 and CDAC-05-21) regarding Community Amenity Contributions Policy – Affordable Housing and Increased Contributions to the Regional Housing Trust Fund be received. CARRIED

b) Minutes of the Parks, Recreation and Environment Advisory Committee meeting held September 28, 2021

The Director of Engineering noted that a draft Tree Protection Bylaw will be coming forward to Council for review and the Parks, Recreation and Environment Advisory Committee recommendations can be considered at that time.

Council discussed maintenance and replacement of trees.

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT the minutes of the Parks, Recreation and Environment Advisory Committee meeting held September 28, 2021 be received. CARRIED

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT the recommendations from the September 28, 2021 Parks, Recreation and Environment Advisory Committee (PREAC-07-21 and PREAC-08-21) regarding Parking Challenges in the Thetis Vale/Chilco neighbourhood and Tree Planting Plans in View Royal be received. CARRIED

c) Minutes of the West Shore Parks and Recreation Society Board of Directors meeting held September 9, 2021

Council discussed capital projects and diversity, equity and inclusion.

MOVED BY: Councillor Kowalewich SECONDED: Councillor Mattson

THAT the minutes of the West Shore Parks and Recreation Society Board of Directors meeting held September 9, 2021 be received. CARRIED

9. CORRESPONDENCE

9.1 FOR ACTION

9.2 FOR INFORMATION

a) Letter dated October 6, 2021 from Min. S. Malcolmson, Ministry of Mental Health and Addictions, Re: Use of Police Resources in Hospital Emergency Rooms

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the letter dated October 6, 2021 from Min. S. Malcolmson, Ministry of Mental Health and Addictions, Re: Use of Police Resources in Hospital Emergency Rooms be received for information. CARRIED

b) Letter dated September 21, 2021 from Councillor L. Roodenburg, UBCM President, Union of British Columbia Municipalities’, Re: Provincial Response to 2020 Resolutions

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT The letter dated September 21, 2021 from Councillor L. Roodenburg, UBCM President, Union of British Columbia Municipalities’, Re: Provincial Response to 2020 Resolutions be received for information. CARRIED

c) Petition dated September 10, 2021, Re: Development Permit – 275 Kerwood Street

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the petition dated September 10, 2021, Re: Development Permit – 275 Kerwood Street be received for information. CARRIED

d) Email dated July 12, 2021 from P. Turner, 13 Cahilty Lane, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the email dated July 12, 2021 from P. Turner, 13 Cahilty Lane, Re: Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

e) Email dated June 12, 2021 from D.B.Olmstead, 39 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the email dated June 12, 2021 from D.B. Olmstead, 39 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

f) Email dated June 11, 2021 from J. & C. Pero, 51 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the email dated June 11, 2021 from J. & C. Pero, 51 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

g) Email dated June 11, 2021 from E. Penner, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the email dated June 11, 2021 from E. Penner, Re: Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

h) Email dated June 11, 2021 from E. Adkins, 48 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the email dated June 11, 2021 from E. Adkins, 48 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

i) Email dated June 11, 2021 from D. Emrich, 16 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the email dated June 11, 2021 from D. Emrich, 16 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

j) Email dated June 10, 2021 from K. Tanaka, 15 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the email dated June 10, 2021 from K. Tanaka, 15 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

k) Letter received June 10, 2021 from S. & P. LeBlanc, 4 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the letter received June 10, 2021 from S. & P. LeBlanc, 4 Newcastle Court, Re: Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

l) Email dated October 19, 2021 from D. Emrich, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the email dated October 19, 2021 from D. Emrich, Re: Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

m) Email dated October 18, 2021 from K. Tanaka, Re: Proposed Off-Leash Dog Area in Chilco Park

MOVED BY: Councillor Mattson SECONDED: Councillor Kowalewich

THAT the email dated October 18, 2021 from K. Tanaka, Proposed Off-Leash Dog Area in Chilco Park be received for information. CARRIED

10. BYLAWS

a) Bylaw No. 1079, 2021 – Household Sewer Grinder Pump Transfer to Owner – 267 View Royal Avenue

1. Report dated October 4, 2021 from the Engineering Technologist
2. Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000, Amendment Bylaw No. 1079, 2021 A Bylaw to Amend Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000

MOVED BY: Councillor Mattson SECONDED: Councillor Lemon

THAT the report dated October 4, 2021 from the Engineering Technologist titled “Bylaw No. 1079, 2021 – Household Sewer Grinder Pump Transfer to Owner – 267 View Royal Avenue” be received. CARRIED

MOVED BY: Councillor Mattson SECONDED: Councillor Lemon

THAT Sanitary Sewer Rates and Regulations Bylaw No. 397, 2000, Amendment Bylaw No. 1079, 2021 be given first, second and third readings. CARRIED

b) Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 1074, 2021 A Bylaw to Amend Procedure Bylaw No. 677, 2007

MOVED BY: Councillor Rogers SECONDED: Councillor Lemon

THAT Procedure Bylaw No. 677, 2007, Amendment Bylaw No. 1074, 2021 be adopted. CARRIED

c) Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1078, 2021 A Bylaw to Amend the Fees and Charges Bylaw No. 958, 2016

MOVED BY: Councillor Lemon SECONDED: Councillor Mattson

THAT Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1078, 2021 be adopted. CARRIED

11. NEW BUSINESS

12. QUESTION PERIOD

a) L. Pakos, 336 Glenairlie Drive, inquired about bylaw enforcement in her neighbourhood.

13. MOTIONS & NOTICES OF MOTION

14. CLOSED MEETING RESOLUTION

15. RISING REPORT

16. TERMINATION

MOVED BY: Councillor Mattson SECONDED: Councillor Lemon

THAT this meeting now terminate. Time: 8:10 p.m. CARRIED

MAYOR

CORPORATE OFFICER