Council Meeting/Documents/MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, MAY 17, 2016

Minutes

MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, MAY 17, 2016

June 7, 2016Pages 4–122 sections

Official minutes from the previous regular council meeting detailing approvals for various development permits and a fire service agreement.

May 17, 2016Approved Development Permit No. 2014/04 for 237 Anya Lane with a $4,000 security depositApproved Development Variance Permit No. 2016/06 for #110-21 Helmcken RoadApproved Fire Service Agreement between Town of View Royal and Saanich, Oak Bay, Esquimalt, and Central SaanichDonated $750 to Canadian Red Cross for Fort McMurray wildfires

TOWN OF VIEW ROYAL

MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, MAY 17, 2016 VIEW ROYAL MUNICIPAL OFFICE - COUNCIL CHAMBERS

Attendance list and call to order for the meeting

PRESENT WERE:

Mayor Screech
Councillor Rast
Councillor Rogers
Councillor Weisgerber

REGRETS:

Councillor Mattson

PRESENT ALSO:

K. Anema, Chief Administrative Officer
S. Jones, Director of Corporate Services
L. Chase, Director of Development Services
J. Rosenberg, Director of Engineering
M. Dillabaugh, Director of Finance
P. Hurst, Fire Chief
J. Chow, Senior Planner
E. Bolster, Deputy Municipal Clerk
4 members of the public
0 member of the press

1. CALL TO ORDER – Mayor Screech called the meeting to order at 7:00 p.m.

2. APPROVAL OF AGENDA MOVED BY: Councillor Weisgerber SECONDED: Councillor Rogers

THAT the agenda be amended to include items 8.1(a)(4)(a), 8.1(e), 10(b) and 14 – rising report; AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF a) Minutes of the Special Council meeting held May 10, 2016 MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber

Motion to adopt the minutes of the Special Council meeting held on May 10, 2016

THAT the minutes of the Special Council meeting held May 10, 2016 be adopted as presented. **CARRIED**

b) Minutes of the Council meeting held May 3, 2016 MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber

THAT the minutes of the Council meeting held May 3, 2016 be adopted as presented. CARRIED

c) Minutes of the Special Council meeting held April 26, 2016 MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber

THAT the minutes of the Special Council meeting held April 26, 2016 be adopted as presented. CARRIED

4. MAYOR'S REPORT

5. PETITIONS & DELEGATIONS

6. PUBLIC PARTICIPATION PERIOD a) A. Birch, Land Trust Alliance British Columbia, Volunteer, requested Council’s support for the Alliance’s “Conservation Tax Incentive Program” (CTIP”) proposal which would be a fully voluntary program offering a 100% tax exemption for privately owned land under a conservation covenant. He noted that there would be no loss of Provincial or Local Government tax revenue as a result of the proposed Program. Rather, there would be a tax shift from CTIP properties to all other properties in the tax pooling area. He stated that this proposal is modeled after the existing “Natural Areas Protection Tax Exemption Program” in the Gulf Islands.

Details of a delegation by A. Birch regarding the Conservation Tax Incentive Program

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS 8.1 STAFF REPORTS a) Development Permit Application No. 2014/04 – 237 Anya Lane

Report dated May 11, 2016 from the Senior Planner The Senior Planner gave a review of the report to Council. Council and staff discussed mitigation measures and the frequency of use of the unpaved driveway.
Comments from the Applicant a) C. Cung, 237 Anya Lane, noted that when the retaining wall was built in 2013, the height of it was not noted as a concern. She requested that Council consider reducing the required $4,000 landscape security deposit as they have already planted 135 native species and installed irrigation. In response to the applicant's request, Council discussed the possibility of staff requiring a reduced landscape security deposit.

Applicant comments from C. Cung regarding the retaining wall and landscaping at 237 Anya Lane

Council and A. Morse, geotechnical engineer with Levelton Consultants Ltd., discussed the stacked boulders and plantings. A. Morse noted that the till material is strong enough to support the weight of the boulders.

Comments from the Public
Correspondence a) Email dated May 17, 2016 from L. Allan, 233 Anya Lane, Re: Development Permit Application No. 2014/04 – 237 Anya Lane

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the email dated May 17, 2016 from L. Allan, 233 Anya Lane, Re: Development Permit Application No. 2014/04 – 237 Anya Lane be received. CARRIED

MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber

C-39-16 THAT Development Permit No. 2014/04 be approved; AND THAT Development Permit No. 2014/04 include the following conditions: a. Restoration work to be conducted in accordance with the October 25, 2013 report from Swell Consulting; i. Remove invasive species with the Development Permit Area; ii. Plant one plant per square metre in a 300m² restoration/compensation area in the EDPA lower field area (plant list Tables 1 and 2 of report); iii. Mulch planting areas with 10cm composted mulch; and iv. irrigate and weed for a minimum of three growing seasons. b. Ten native trees to be planted in locations below the wall; and c. A landscape security deposit of up to $4,000 be provided. AND FURTHER THAT Development Permit No. 2014/04 include the following variance:

Variance to the maximum height of a retaining wall from 1.2m to 4.0m. CARRIED

Approval conditions and variance for Development Permit No. 2014/04

b) Development Permit Application No. 2016/03 – 29 Helmcken Road (Eagle Creek Village)

Report dated May 11, 2016 from the Senior Planner The Senior Planner gave a review of the report to Council.
Comments from the Applicant
Comments from the Public
Correspondence

C-40-16 THAT Development Permit No. 2016/03 be approved; AND THAT Development Permit No. 2016/03 include the following variance:

Variance to the maximum building height for Building 7 at 29 Helmcken Road from 20.0m to 26.0m.

c) Development Variance Permit No. 2016/06 - #110-21 Helmcken Road

Report dated May 11, 2016 from the Senior Planner
Comments from the Applicant
Comments from the Public
Correspondence

MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber

C-41-16 THAT Development Variance Permit No. 2016/06 be approved; AND THAT the three green painted blank areas shown on plans associated with Development Variance Permit No. 2016/06 not be included in the approval. CARRIED

Approval text for Development Variance Permit No. 2016/06

d) Fire Service Agreement between the District of Saanich, District of Oak Bay, Township of Esquimalt, District of Central Saanich and the Town of View Royal

Staff report and recommendation for a multi-municipal Fire Service Agreement

1. Report dated May 12, 2016 from the Fire Chief The Fire Chief noted that this proposed Fire Service agreement has been approved by the Township of Esquimalt Council and will be coming forward to the other municipalities within the month for approval. He stated there are no financial implications associated with the signing of this agreement and that it is hoped that in the future, the agreement can be expanded to include all thirteen municipalities in the Capital Regional District. Council and the Fire Chief discussed the differences between the Town's current mutual aid agreement with the City of Colwood, District of Highlands, City of Langford and the BC Forest Service and this proposed agreement; managing of additional work load; schedules; sharing of the Town's equipment with other municipalities; potential for liability; and early termination provisions.

MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber

C-42-16 THAT the Town of View Royal enter into a Fire Service Agreement with the Corporation of the District of Saanich, Corporation of the District of Central Saanich, Township of Esquimalt and the Corporation of the District of Oak Bay for the provision of resources for emergency incident response in the form attached to the Fire Chief's report dated May 12, 2016 subject to the clarification of the early termination provisions; AND THAT staff be authorized to execute said agreement. CARRIED

Page 4–12

e) 2015 Climate Action Revenue Incentive Program

Report dated May 16, 2016 from the Senior Planner The Senior Planner reviewed the report for Council.

MOVED BY: Councillor Rast SECONDED: Councillor Rogers

C-43-16 THAT, if carbon offsets are required to be purchased to officially deem the Town of View Royal's operations as carbon neutral for the 2015 reporting year, up to $660 in carbon offsets be purchased from an accredited provider by June 1, 2016. CARRIED

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS From the May 10, 2016 Committee of the Whole meeting: MOVED BY: Councillor Rogers SECONDED: Councillor Rast

THAT the Town send a response to the Ministry of Public Safety's Provincial questionnaire concerning the RCMP Auxiliary Constable Program based on an amended draft of the document prepared by L. Fletcher, City of Langford, Manager, Community Safety and Municipal Enforcement/West Shore RCMP Auxiliary Constable; and include in this response the Town's letter dated April 18, 2016 to Minister Alistair MacGregor, Critic for Seniors/Deputy Critic for Culture & Heritage and the Association of Vancouver Island Coastal Communities resolution regarding amendments to the RCMP Auxiliary Constable Program. CARRIED

Motion concerning the response to the RCMP Auxiliary Constable Program questionnaire

MOVED BY: Councillor Rogers SECONDED: Councillor Rast

C-44-16 THAT the Town support the victims impacted by the Fort McMurray wildfires by donating $750 to the Canadian Red Cross from the grant-in-aid account. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Rast

C-45-16 THAT the matter of Welland Legacy Park parking be referred to staff for a review of options. CARRIED

MOVED BY: Councillor Rogers SECONDED: Councillor Rast

THAT the Town write to the Ministry of Transportation and Infrastructure to express support for the project design of the partial clover leaf as chosen by the Ministry for the McKenzie Interchange Project; AND THAT the Ministry of Transportation and Infrastructure be encouraged to expedite the Project's construction. CARRIED

8.3 OTHER REPORTS a) Minutes from the Capital Regional District Board meeting held March 30, 2016 MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber

THAT the minutes of the Capital Regional District Board meeting held March 30, 2016 be received. CARRIED

b) Minutes of the Capital Regional Hospital District Board meeting held March 30, 2016 MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber

THAT the minutes of the Capital Regional Hospital District Board meeting held March 30, 2016 be received. CARRIED

c) Minutes of the Capital Regional District Board meeting held March 23, 2016 MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber

THAT the minutes of the Capital Regional District Board meeting held March 23, 2016 be received. CARRIED

d) Minutes of the Capital Regional District Board meeting held March 9, 2016 MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber

THAT the minutes of the Capital Regional District Board meeting held March 9, 2016 be received. CARRIED

e) Minutes of the Capital Regional Hospital District Board meeting held March 9, 2016 MOVED BY: Councillor Rogers SECONDED: Councillor Weisgerber

THAT the minutes of the Capital Regional Hospital District Board meeting held March 9, 2016 be received. CARRIED

9. CORRESPONDENCE 9.1 FOR ACTION a) Letter dated May 9, 2016 from A. Birch, Land Trust Alliance British Columbia Volunteer, Re: Support for a Provincial Conservation Tax Incentive Program

MOVED BY: Councillor Rogers SECONDED: Councillor Rast

THAT the Town write a letter of support for the proposed Provincial Conservation Tax Incentive Program. CARRIED

b) Letter dated May 6, 2016 from G. & J. Bryant, 2422 Lund Road, Re: Suggestions for Remediation at recently created park MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the letter dated May 6, 2016 from G. & J. Bryant, 2422 Lund Road regarding suggestions for remediation at the recently created park directly across the road from 2422-2430 Lund Road be referred to staff. CARRIED

9.2 FOR INFORMATION a) Letter dated May 4, 2016 from Min. Mike Morris, Minister of Public Safety and Solicitor, Re: Auxiliary Constable Program MOVED BY: Councillor Rogers SECONDED: Councillor Rast

THAT the letter dated May 4, 2016 from Min. Mike Morris, Minister of Public Safety and Solicitor, Re: Auxiliary Constable Program be received for information. CARRIED

10. BYLAWS a) Juan de Fuca Recreation Centre Fees and Charges Bylaw No. 701, 2007, Amendment Bylaw No. 947, 2016

Report dated May 10, 2016 from the Deputy Municipal Clerk MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber

THAT the report dated May 10, 2016 from the Deputy Municipal Clerk titled "Juan de Fuca Recreation Centre Fees and Charges Bylaw No. 701, 2007, Amendment Bylaw No. 947, 2016" be received. CARRIED

Juan de Fuca Recreation Centre Fees and Charges Bylaw No. 701, 2007, Amendment Bylaw No. 947, 2016 A Bylaw to Amend Juan de Fuca Recreation Centre Fees and Charges Bylaw No. 701, 2007 MOVED BY: Councillor Rast SECONDED: Councillor Weisgerber

THAT Juan de Fuca Recreation Centre Fees and Charges Bylaw No. 701, 2007, Amendment Bylaw No. 947, 2016 be given first, second and third reading. CARRIED Councillor Rogers voted in the negative

b) Bylaw No. 948, 2016 – “Collection and Disposal of Residential Garbage and Household Food Waste Bylaw No. 745, 2009, Amendment Bylaw No. 948, 2016”

Reports and motion regarding first, second, and third reading of Bylaw No. 948, 2016

1. Report dated May 13, 2016 from the Director of Finance MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the report dated May 13, 2016 from the Director of Finance titled “Bylaw No. 948, 2016 – Collection and Disposal of Residential Garbage and Household Food Waste Bylaw No. 745, 2009, Amendment Bylaw No. 948, 2016” be received. CARRIED

Collection and Disposal of Residential Garbage and Household Food Waste Bylaw No. 745, 2009, Amendment Bylaw No. 948, 2016 A Bylaw of the Town of View Royal Relating to the Rates for the Collection and Disposal of Residential Garbage and Household Food Waste MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT Collection and Disposal of Residential Garbage and Household Food Waste Bylaw No. 745, 2009, Amendment Bylaw No. 948, 2016 be given first, second and third reading. CARRIED

11. NEW BUSINESS

12. QUESTION PERIOD

13. MOTIONS & NOTICES OF MOTION

14. RISING REPORT MOVED BY: Councillor Rast SECONDED: Councillor Rogers

THAT the following rising report regarding the Environmental Development Permit Application No. 2014/04 – 237 Anya Lane from the May 3, 2016 In-Camera Council meeting be received: “It was agreed at the May 3, 2016 In-Camera Council meeting that the Town will retain the services of Ryzuk Geotechnical to undertake an assessment of existing bank conditions on the northern edge of Millstream Creek near Anya Lane.” CARRIED

Rising report concerning bank assessment near Anya Lane by Ryzuk Geotechnical

15. CLOSED MEETING RESOLUTION MOVED BY: Councillor Rogers SECONDED: Councillor Rast

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 relations, (e) – land improvements and (k) – discussions of a municipal service. CARRIED

16. TERMINATION MOVED BY: Councillor Rogers SECONDED: Councillor Rast

THAT this meeting now terminate. Time: 8:09 pm CARRIED