THE CORPORA TlON OF THE DISTRICT OF CENTRAL SAANICH

Transcription

1 THE CORPORA TlON OF THE DISTRICT OF CENTRAL SAANICH Minutes of the REGULAR COUNCIL Meeting Monday, October 4,2010, at 7:00 p.m. Central Saanich Municipal Council Chamber PRESENT: Mayor Jack Mar Councillors Bryson, Garrison, Kubek, Mason, Olsen, and Siklenka Gary C. Nason, Administrator Ruby Shea, Administrative Assistant Hope V. Burns, Director of Planning & Building Services Nirmal Bhattacharya, Municipal Engineer Rosalyn Tanner, Director of Financial Services Ron French, Fire Chief The Administrator noted the following additions to the Agenda: Under Section VII- STAFF MEMORANDA AND REPORTS Under Item 3. Staff Memorandum - Financing and Repayment Options for Mount Newton / Senanus Waterline Extension New Item 3(b) Notice of Motion Submitted by Councillor Kubek Re: Mount Newton / Senanus Waterline Special Connection Fee Under Item 4. Staff Memorandum - Central Saanich Firehall Project - Proposed and Recommended Next Steps New Item 4(b) Correspondence Pertaining to the Central Saanich Firehall Project from B&M Willoughby, October 1, 2010 Under Section XIII - CORRESPONDENCE (For General Information) New Item 9 correspondence from BC Transit Re: Victoria Regional Rapid Transit Project Open House, Tuesday, October 5, 2010, 2:00 p.m. to 7:00 p.m. at Ambrosia Conference Centre, 638 Fisgard Street; and Wednesday, October 6, 2010, 3:00 p.m. to 8:00 p.m. at Langford Legion, 761 Station Avenue I. APPROVAL OF THE AGENDA: That the Agenda for the Regular Council Meeting of October 4, 2010, be approved as amended by the Late Items Agenda. II. ADOPTION OF THE MINUTES: Report of the Public Hearing held on September 15, That the Report of the Public Hearing held on September 15, 2010, be approved as circulated. Minutes of the Regular Council Meeting held on September 20, That the Minutes of the Regular Council Meeting held on September 20, 2010, be approved as circulated. III. BUSINESS ARISING FROM THE MINUTES: Nil IV. RISE AND REPORT: Nil

2 V. PUBLIC INQUIRIES AND ANSWERS THERETO: Nil VI. REPORTS OF COMMITTEES: 1. StandinQ Committees: Nil 2. Advisorv Committees I Other: Nil 3. ReQular Status Reports from Members of Council Who Participate on Advisory Bodies. Committees. Boards. or Commissions: a) Capital Regional District (CRD) i) Memorandum from General Manager, Environmental Sustainability to CRD Board, Copied to Municipal Councillors Re: Enhanced Curbside Program Beyond Additional Information Councillor Olsen advised of his attendance at a recent Capital Regional District sponsored workshop in regards to the Enhanced Regional Curbside Program Beyond The Memorandum dated September 20, 2010, from the CRD's General Manager, Environmental Sustainability to CRD Board, copied to Municipal Councillors re: "Enhanced Curbside Program Beyond Additional Information" was received for information without a motion. b) Union of BC Municipalities (UBCM) - Councillors Mason and Olsen updated Council on their recent attendance at the Union of BC Municipalities Annual Convention in Whistler, and summarized the various meetings which were held with other governmental jurisdictions, Ministries, agencies and Cabinet Ministers. c) Regional Canada Geese Management Strategy Working Group - AEWF Grant Application i) from the Superintendent of Public Works to Stakeholders, dated September 28,2010 ii) Proposed Agriculture Environment and Wildlife Fund Grant Application That the submission of a grant application to the Agriculture Environment and Wildlife Fund for the development of a Regional Canada Geese Management Strategy be supported, and the proposed funding commitment by the District of Central Saanich of $5,000 cash and $7,000 in-kind, for the proposed two years of the project, be approved. That Staff forward a letter to the Chair of the Peninsula Agricultural Commission and to Mr. Rob Kline of the Ministry of Agriculture and Lands thanking them for their assistance in preparation of the grant application. VII. STAFF MEMORANDA AND REPORTS: 1. Development Variance Permit Application For Private Dock; 7997 TurQoose Terrace (GreQ Burke): a) Attached for Council's consideration was the following documentation pertaining to this application: i) Excerpt from the Draft Minutes of the Regular Council Meeting Held on September 20,2010 ii) Staff Memorandum dated August 6, 2010, from the Planner entitled "Development Variance Permit Application for Private Dock; 7997 Turgoose Terrace (Greg Burke) [Previously received at the August 23, 2010, Special (Open) Council Meeting.] October 4, 2010 Page 2 of 10

3 iii) Excerpt from the Minutes of the Special (Open) Council Meeting held on August 23, 2010, in regards to this application iv) Notice sent to owner/occupants and adjacent property owners dated August 30, 2010 v) Correspondence received pertaining to this application subsequent to the August 23, 2010, Special (Open) Council Meeting: Nil b) Correspondence from Lorne Underwood, Tsawout First Nation, dated September 29, TABLING MOTION. That motion No from the Minutes of the Regular Council Meeting held on September 20, 2010 be tabled to allow for further discussion from members of Council. The Administrator briefly overviewed this issue, and brought to Council's attention the motion (shown on page 25 of the agenda) which was postponed at the September 20, 2010 Regular Council Meeting, and the correspondence dated September 29,2010 from Mr. Lorne Underwood of the Tsawout First Nation. The Mayor invited members of the public to address Council. G Underwood, Resident, representing the Tsawout First Nation, spoke to the correspondence dated September 29, 2010 from L Underwood and stated that the correspondence represented the views of L Underwood and he was speaking on his own behalf. And he read from a submission which summarized some of the legal issues pertinent to the Claxton vs. Saanichton Marina litigation. Mr. Underwood stated that the Courts have ruled that other governmental jurisdictions cannot derogate from the First Nation Douglas Treaty rights, and it is the position of Tsawout First Nation that projects pursuant to Development Variance Permits of this nature cannot derogate the First Nation's Treaty rights. Mr. Underwood stated that on behalf of the Tsawout First Nation the request has been made that the District cease and desist all projects of this nature and invited the municipality to sit down with Tsawout to discuss these matters. The applicant, Mr. Greg Burke, state that the private dock which is the subject of the development variance application does not vary from his existing foreshore lease. And he clarified that this is not a new application for a new dock. The dock does not extend beyond his foreshore lease and the dock and anchors are all within the foreshore lease area. He stated that the construction of the dock was strictly an oversight and that to remove the structure which has been constructed would cause more environmental degradation and would not be in the best interest of the area. He pointed out that the original dock has been existing for thirty to forty years. L Underwood, read from his correspondence dated September 29, 2010 and referred to the Protocol Agreement which was originally signed between the District and the Tsawout First Nation in Mr. Underwood stated that a Development Variance Permit is a type of rezoning in so far as the regulations contained in the zoning bylaw are being varied. He encouraged Council to read the Community Relationship Agreement between the District of North Saanich and its adjacent First Nations. And he stated that with respect to this particular Development Variance Permit application due process and consultation was not followed. Mr. Underwood stated that were Council to approve this Permit it would effectively be rewarding bad behaviour as the owner did not exercise due diligence in obtaining the necessary permits and approvals prior to construction. Mr. Underwood requested that the Tsawout First Nation be notified ahead of time on applications of this nature and be put on a standard consultation list. G Underwood advised that consultation and due process needs to be undertaken properly, and he invited the District to sit down with the Tsawout First Nation and discuss their concerns. October 4, 2010 Page 3 of 10

4 MOTION TO LIFT FROM THE TABLE. That the postponed motion No concerning the approval of issuance of the Development Variance Permit for 7997 Turgoose Terrace be lifted from the table..postponement MOTION. That further consideration of the motion from the September 20, 2010 Regular Council Meeting to approve issuance of the Development Variance Permit for 7997 Turgoose Terrace be postponed to the Regular Council Meeting to be held on November 15, 2010 in order to afford the Tsawout First Nation sufficient opportunity to advise Council in writing of their concerns related to this particular Development Variance Permit application. CARRIED OPPOSED: One Member Due to a potential conflict of interest, Councillor Bryson vacated the Council Chamber at 7:58 p.m. He stated his property is adjacent to the proposed catchment area and he leases land within the proposed catchment area. 2. Staff Memorandum a) Staff Memorandum dated September 30, 2010, from the Director of Financial Services entitled "Resolution to Close Borrowing Under the Mount Newton / Senanus Loan Authorization Bylaw No. 1656, 2009 The Director of Financial Services gave a brief overview of the Staff Memorandum That the Staff Memorandum dated September 30,2010, from the Director of Financial Services entitled "Resolution to Close Borrowing Under the Mount Newton / Senanus Loan Authorization Bylaw No. 1656, 2009 be received, and 1. WHEREAS the Council of the District of Central Saanich has established a policy for water utility extensions under which said extensions will be completed as District-sponsored projects; and 2. WHEREAS, in keeping with the newly established policy, the District of Central Saanich will not be borrowing under the authority of "Mount Newton Cross Road / Senanus Drive Local Area Service Establishment Bylaw No. 1625, 2009" and "Mount Newton Cross Road / Senanus Drive Local Service Area Loan Authorization Bylaw No. 1656, 2009" 3. THEREFORE BE IT RESOL VED that borrowing under "Mount Newton Cross Road / Senanus Drive Local Service Area Loan Authorization Bylaw No. 1656, 2009" is closed and no further borrowing be done by the District of Central Saanich under said bylaw. 3. Staff Memorandum a) Staff Memorandum dated September 24, 2010, from the Director of Financial Services entitled "Financing & Repayment Options for Mount Newton / Senanus Waterline Extension" b) Notice of Motion Submitted by Councillor Kubek Re: Mount Newton / Senanus Waterline Special Connection Fee (Late Item) c) "Mount Newton / Senanus Drive Waterline Extension Loan Authorization Bylaw No. 1721,2010" [A Bylaw to Authorize Borrowing for the Purposes of the Construction of an Extension of the Municipal Waterline Along Mount Newton Cross Road and Senanus Drive] The Director of Financial Services gave a brief overview of the Staff Memorandum and responded to questions from Council. October 4, 2010 Page 4 of 10

5 That the Staff Memorandum dated September 24,2010, from the Director of Financial Services entitled "Financing & Repayment Options for Mount Newton / Senanus Waterline Extension" be received; and 1. Council approve MFA funding for the District's share of the Mt. Newton / Senanus Waterline Project, for a five year (5-year) term, and further, 2. Council approve repayment Option 5, the additional charge per cubic metre of consumption on the Annual Water Rate, to be incorporated in the Water Rates Bylaw for the 2011 year and continuing throughout the term of the borrowing, and further, 3. That introduction and three readings of "Mount Newton / Senanus Waterline Extension Loan Authorization Bylaw No. 1721, 2010" be considered. That "Mount Newton / Senanus Drive Waterline Extension Loan Authorization Bylaw No. 1721, 2010" [A Bylaw to Authorize Borrowing for the Purposes of the Construction of an Extension of the Municipal Waterline Along Mount Newton Cross Road and Senanus Drive] receive first reading. That "Mount Newton / Senanus Drive Waterline Extension Loan Authorization Bylaw No. 1721, 2010" receive second reading. That "Mount Newton / Senanus Drive Waterline Extension Loan Authorization Bylaw No. 1721, 2010" receive third reading. Councillor Kubek spoke to his Notice of Motion That a special connection fee of $13,960 be charged to ratepayers benefitting from the Mount Newton / Senanus waterline upon connection to the District's municipal water supply, and further 2. That the charge be payable: a) Immediately upon connection, or b) Over a term of ten (10) years with interest at a rate of 5%. CARRIED OPPOSED: Two Members Councillor Bryson returned to the Meeting at 8:11 p.m. 4. Staff Memorandum a) Staff Memorandum dated October 4, 2010, from the Administrator entitled "Central Saanich Firehall Project - Proposed and Recommended Next Steps" b) Correspondence Pertaining to the Central Saanich Firehall Project from B&M Willoughby, October 1,2010 (Late Item) The Administrator gave an overview of the Staff Memorandum and responded to questions from Council That the Staff Memorandum dated October 4, 2010, from the Administrator entitled "Central Saanich Firehall Project - Proposed and Recommended Next Steps" be received; and 1. Council authorize the architects and Staff to proceed with Phase 2 detailed design development for the project, including the engagement of an independent owner-appointed Cost Consultant at the appropriate time to prepare a detailed design development costing report based on the detailed design; October 4, 2010 Page 5 of 10

6 2. A second open house / public information meeting be held midway through the Phase 2 detailed design development process (estimated November 2010); 3. Council stipulate at this time that the Firehall project be designed and constructed to meet minimum criteria of LEED Canada Silver; and, 4. Staff provide further reports to Council as required and at the appropriate times to address the various related components of the project such as land use / zoning amendments and permit requirements, and financing / borrowing requirements and timing. It is recommended that any zoning amendment and/or counter-petition processes not be commenced until the First Quarter of 2011 once Phase 2 detailed design development and a more refined cost estimate has been completed and this information has been presented to Council and the public TABLING MOTION. That the foregoing motion be tabled to allow further comments from the letter writers. The Mayor invited the letter writers to speak to their correspondence. It was noted that the correspondents were not present to speak to their correspondence MOTION TO LIFT FROM THE TABLE. That the foregoing motion concerning the proposed and recommended next steps of the Central Saanich Firehall project be lifted from the table. The question on the following motion was then called: That the Staff Memorandum dated October 4, 2010, from the Administrator entitled "Central Saanich Firehall Project - Proposed and Recommended Next Steps" be received; and 1. Council authorize the architects and Staff to proceed with Phase 2 detailed design development for the project, including the engagement of an independent owner-appointed Cost Consultant at the appropriate time to prepare a detailed design development costing report based on the detailed design; 2. A second open house / public information meeting be held midway through the Phase 2 detailed design development process (estimated November 2010); 3. Council stipulate at this time that the Firehall project be designed and constructed to meet minimum criteria of LEED Canada Silver; and, 4. Staff provide further reports to Council as required and at the appropriate times to address the various related components of the project such as land use / zoning amendments and permit requirements, and financing / borrowing requirements and timing. It is recommended that any zoning amendment and/or counter-petition processes not be commenced until the First Quarter of 2011 once Phase 2 detailed design development and a more refined cost estimate has been completed and this information has been presented to Council and the public. An extensive discussion occurred between Council, and the Administrator and Fire Chief responded to questions That Staff be requested to obtain from the Municipal Finance Authority (MFA) appropriate background information in regards to the potential for utilizing municipal bonds and/or low interest loans as potential alternative financing mechanisms for the Firehall project. CARRIED OPPOSED: One Member October 4, 2010 Page 6 of 10

7 5. Staff Memorandum a) Staff Memorandum dated September 28, 2010, from the Administrator entitled "Central Saanich 'Town Hall' Uoint Combined Administration / Police Building and Fire Satellite) Project" The Administrator gave an overview of the Staff Memorandum and responded to questions from Council That the Staff Memorandum dated September 28, 2010, from the Administrator entitled "Central Saanich Town Hal/' Uoint Combined Administration / Police Building and Fire Satellite) Project" be received for information, and the Municipal Council and Central Saanich Police Board hold a Joint Council / Police Board workshop meeting on the afternoon of Thursday, November 18, 2010 (or an alternative mutually agreeable date and time in order to maximize the attendance of both Council and the Police Board) for the purposes of receiving a comprehensive presentation and briefing from the architect and Staff on the work which has been completed to date on the Central Saanich 'Town Hall" (Joint Combined Administration / Police Building and Fire Satellite) project. VIII BYLAWS: Councillor Kubek excused himself from the Meeting at 8:37 p.m. announcing a potential conflict of interest in relation to the next item due to having been involved in the real estate transaction pertaining to lands currently known as Island View and George May Parks. For Consideration of Third ReadinQ and Final Adoption 1. "Central Saanich Official Community Plan Bylaw Amendment Bylaw No. 1714,2010" [A Bylaw to Amend the Official Community Plan (Island View Park and George May Park Additions)] That "Central Saanich Official Community Plan Bylaw Amendment Bylaw No. 1714, 2010" [A Bylaw to Amend the Official Community Plan (Island View Park and George May Park Additions)] receive third reading. That "Central Saanich Official Community Plan Bylaw Amendment Bylaw No. 1714, 2010" be reconsidered, finally passed and adopted. Councillor Kubek returned to the Meeting at 8:38 p.m. For Consideration of Third ReadinQ 1. "Central Saanich Land Use Bylaw Amendment Bylaw No. 1715, 2010" [A Bylaw to Amend the Land Use Bylaw (Permitted Uses)] That "Central Saanich Land Use Bylaw Amendment Bylaw No. 1715, 2010" [A Bylaw to Amend the Land Use Bylaw (Permitted Uses)] receive third reading. 2. "Central Saanich Land Use Bylaw Amendment Bylaw No. 1717, 2010" [A Bylaw to Amend the Land Use Bylaw (Quadco Holdings Ltd. - Commercial I Residential Project)] October 4, 2010 Page 7 of 10

8 That "Central Saanich Land Use Bylaw Amendment Bylaw No. 1717, 2010" [A Bylaw to Amend the Land Use Bylaw (Quadco Holdings Ltd. - Commercial/Residential Project)J receive third reading. IX. DELEGATIONS I PRESENTATIONS: Nil X. CORRESPONDENCE & PETITIONS: 1. Tsawout First Nation and Peninsula Streams Society Re: Request for Funding to Undertake "Tetayut Creek Water and Sediment Quality Sampling Program" a) Correspondence dated August 31, 2010 b) correspondence dated September 20, 2010, from Denis Coupland, Peninsula Streams Society The Administrator introduced this issue and responded to questions from Council. The Mayor invited the correspondents to address Council concerning their letter. Mr. Denis Coupland, representing the Peninsula Streams Society, spoke to his correspondence from the Tsawout First Nation and Peninsula Streams Society and explained in detail the proposed works which would be undertaken as part of the Tetayut Creek Water and Sediment Quality Sampling Program. Mr. Coupland advised Council that in his opinion these proposed works are critical to further successful implementation of the projects and priorities from the Integrated Stormwater Management Plan. He advised that what he was requesting of Council was an indication at this time whether or not funding for this program could be included in the 2011 provisional budget for further consideration and approval during the normal budget process. In that way, steps could be taken at this time to mobilize necessary resources, with the understanding that final approval to proceed would not be given until Council approves the additional funding in the context of next year's Annual Budget process. Then Mr. Coupland and Municipal Staff responded to various questions from members of Council in regards to this particular project proposal, and how it could relate to the implementation strategy outlined in the District's Integrated Stormwater Management Plan That the correspondence dated August 31, 2010, from the Tsawout First Nation and the Peninsula Streams Society requesting funding in the amount of $10,000 to undertake a water and sediment quality sampling program for Tetayut Creek be received, and the request be referred to the 2011 Annual Budget process for further consideration, and Staff be Requested to provide further advice and/or recommendations on this matter after referral and consultation with the Capital Regional District (CRD), the Watershed Stewardship Committee, and the Tsawout First Nation with respect to any potential cost sharing contribution. 2. City of Victoria Re: "Request for Contribution Regarding Additional Operational Funding for 'Our Place'" a) Correspondence dated September 14, The correspondence dated September 14, 2010, from the City of Victoria requesting a contribution towards the additional operational costs for "Our Place" be received and the contents noted. October 4, 2010 Page 8 of 10

9 XI UNFINISHED BUSINESS: 1. Tri-Municipal Council - October 26, Agenda Items a) Presentation by BC Transit Regarding Rapid Transit, and the Long Term Transit Plan b) "Regional Composting Facility Outline for the Saanich Peninsula" by ICC Group No additional agenda topic items were proposed by members of Council, however Councillor Olsen advised that the District of North Saanich was attempting to arrange a presentation from Parks Canada on the Southern Strait of Georgia National Marine Conservation Area Reserve. XII NEW BUSINESS I OTHER COMPETENT BUSINESS: Nil XIII CORRESPONDENCE (Receive for General Information) 1. Tourism Victoria Re: Invitation to Purchase Membership in Tourism Victoria - Correspondence dated September 14, Letters of Thanks: a) V&E Davies Re: Thanks for Excellent Mosquito Control Program, Resident, September 12, Correspondence Pertaining to the Long Form of the Canada Census: a) City of Cranbrook, September 16,2010 b) Village of Clinton, September 10, Correspondence From the Federation of Canadian Municipalities (FCM): a) Infrastructure Stimulus Project Construction Deadline - Working Towards Flexibility 5. Briefing Note from the City of Penticton to the Minister of Community and Rural Development, and Copied to All UBCM Member Municipalities Re: Development Cost Charge Expansion Program - Correspondence dated September 22, Correspondence from the Village of Belcarra to the Lower Mainland Treaty Advisory Committee, and Copied to All UBCM Member Municipalities R: LMTAC Discussion Paper Local Government Issues and Interest on the Federal Additions-to-Reserve Process (ATR) - Correspondence dated September 20, Ministry of Forests and Range and Minister Responsible for Integrated Land Management Bureau Re: Challenge to BC Municipalities to Adopt a Wood First Resolution - Correspondence dated September 14, John Slater, MLA Boundary - Similkameen, Parliamentary Secretary for Water Supply and Allocation Re: Feedback on Water Act Modernization "Report on Engagement" - Correspondence dated September 13, correspondence from BC Transit Re: Victoria Regional Rapid Transit Project Open House, Tuesday, October 5, 2010, 2:00 p.m. to 7:00 p.m. at Ambrosia Conference Centre, 638 Fisgard Street; and Wednesday, October 6, 2010,3:00 p.m. to 8:00 p.m. at Langford Legion, 761 Station Avenue (Late Item) 10. Minutes of Various Boards, Committees and Commissions: a) Peninsula Recreation Commission, September 24,2010 Item Nos were received for information without a motion. ADJOURNMENT On motion, the Regular Council Meeting held on October 4, 2010, adjourned at 8:56 p.rn. October 4, 2010 Page 9 of 10

10 Jack Mar Mayor Gary C. Nason Administrator Recorded by: Ruby Shea Administration Assistant October 4, 2010 Page 10 of 10