Minutes of the Regular Meeting of the Municipal Council of the District of North Saanich Monday, January 16, 2012 at 7:00 p.m.

Transcription

1 Minutes of the Regular Meeting of the Municipal Council of the District of North Saanich Monday, January 16, 2012 at 7:00 p.m. Municipal Hall 1620 Mills Road North Saanich, B.C. PRESENT: ATTENDING: A. Finall Councillors D. Browne T. Daly C. McBride E. McMurphy C. Mearns C. Stock Chief Administrative Officer R. Buchan Acting Director of Financial Services T. Flynn Director Emergency Services G. Wilton Director of Planning and Community Services M. Brodrick Director of Infrastructure Services P. O Reilly Manager of Corporate Services C. Kingsley Deputy L. Coburn The Chair called the meeting to order at 7:00 p.m. PUBLIC HEARING North Saanich Official Community Plan Bylaw Amendment Bylaw No (2011) The Director of Planning and Community Services gave a summary of the proposed OCP amendment. T. Izard, 9376 Ardmore Drive, expressed concern about the proposed amendment to the N. Friesen, Chalet Road, expressed concern about the proposed amendment to the R. Franson, Boas Road, expressed concern about the proposed amendment to the J. Salvador, 1444 Honeysuckle Place, expressed concern about the proposed amendment to the G. Orr, Chalet Road, expressed concern about the proposed amendment to the

2 Page 2 of 13 B. Cassidy, 1670 Lands End Road, expressed concern about the proposed amendment to the M. Butler, 710 Towner Park Road, expressed concern about the proposed amendment to the J. Rooke, 2100 Randles Lane, expressed concern about the proposed amendment to the J. Pashley, 1474 Wain Road, expressed concern about the proposed amendment to the T. Sears, 8585 Cathedral Place, expressed concern about the proposed amendment to the K. Routley, 9005 Lochside Drive, expressed concern about the proposed amendment to the B. Johnson, Madrona Drive, expressed concern about the proposed amendment to the 1 That the public hearing on North Saanich Official Community Plan Bylaw Amendment Bylaw No (2011) be closed. INTRODUCTION OF LATE ITEMS Council added the dated January 12, 2012 from A. Lunn and T. Kearns to the agenda. APPROVAL OF AGENDA MOVED BY: COUNCILLOR STOCK SECONDED: COUNCILLOR DALY 2 That the agenda be approved as amended. PUBLIC PARTICIPATION PERIOD N. Friesen, Chalet Road, expressed concern about the Sandown proposal. R. Hyde, 725 Woodcreek Drive, expressed concern about the Sandown proposal.

3 Page 3 of 13 T. Izard, 9376 Ardmore Drive, expressed concern about the rezoning of 9299 Canora Road and concern about the development permit application for 623 Ardmore Drive. As there was no one else who wished to address Council, the Public Participation Period was closed at 7:45 p.m. 3 That consideration of third and final reading of North Saanich Official Community Plan Bylaw Amendment Bylaw No (2011) be moved from item 12 to item 4(a) of the agenda. 4 That Council considers Bylaw No BYLAWS North Saanich Official Community Plan Amendment Bylaw No (2011) 5 That North Saanich Official Community Plan Amendment Bylaw No (2011) be read a third and final time. OPPOSED: COUNCILLOR BROWNE, COUNCILLOR MEARNS, COUNCILLOR DALY, COUNCILLOR MCBRIDE MOTION DEFEATED 6 That Staff acquires a legal opinion as to whether or not the regulation that relates to the existing wildfire hazard bylaw can be suspended. Motion withdrawn 7 That Staff prepares a report, to the extent that Staff are able, on the legality of suspending implementation of wildfire regulation. OPPOSED: MAYOR FINALL, COUNCILLOR MCMURPHY, COUNCILLOR STOCK

4 Page 4 of 13 ADOPTION OF MINUTES 8 That the minutes of the Regular Council meeting of November 21, 2011 be adopted as circulated. 9 That Council amended the minutes of the Regular Council meeting of December 5, 2011 by striking the reference to the invocation and Council corrected the wording of motion 521. MOVED BY: COUNCILLOR BROWN 10 That the minutes of the Regular Council meeting of December 12, 2011 be adopted as circulated. MAYOR S REPORT Finall noted her attendance at the following events: January 5 th met with representatives of the Saanich Peninsula Chamber of Commerce; January 6 th met with Chief Tanya Jones of Tseycum First Nation January 11 th community meeting regarding the Sandown proposal January 14 th annual tea for volunteers at the Sidney Museum The s report is attached to these minutes as Appendix A. MOVED BY: MAYOR FINALL 11 That the s report, attached as Appendix A, be received. CORRESPONDENCE (a) Tour de Victoria letter received January 5, 2012 from S. McGrath, Director, Ryder Hesjedal s Tour de Victoria MOVED BY: COUNCILLOR STOCK

5 Page 5 of 13 SECONDED: COUNCILLOR BROWNE 12 That the correspondence received January 5, 2012 from S. McGrath, Director, Ryder Hesjedal s Tour de Victoria be received and Council approves the use of District roads. (b) Peninsula Agriculture Commission dated December 30, 2011 and letter dated December 29, 2011 SECONDED; COUNCILLOR DALY 13 That the correspondence dated December 29 and 30, 2011 be received and Council: 1. Accepts the Juan de Fuca Electoral Area as a contributing member of the PAC, under the current cost-sharing arrangement; and 2. Appoint Mike Romaine as a voting member of the PAC for a 3-year term, commencing January 1, (c) Community Development Commission letter dated November 25, 2011 from L. Cross, Town of Sidney 14 That the correspondence dated November 25, 2011 be received and Council declines, with thanks, the opportunity to appoint a liaison to the Community Development Commission and directs staff to advise Cross of Council interest in assisting with tri-municipal issues. (d) Re-naming Highway 17 letter dated November 20, 2011 from J. Hurley 15 That the letter dated November 20, 2011 from J. Hurley regarding the renaming of Highway 17 be referred to the next Tri-Municipal Council agenda. (e) Victoria Foundation letter dated November 24, 2011 from S. Richardson

6 Page 6 of That the correspondence dated November 24, 2011 from S. Richardson be received and Staff be directed to request a presentation from the Victoria Foundation. (f) Cannabis Farmers Market dated December 2, 2011 from T. Adams 17 That the correspondence dated December 2, 2011 from T. Adams be received. REPORTS a) Staff Reports i. Development Permit Application 623 Ardmore Drive Report dated December 23, 2011 from the Assistant Planner SECONDED: COUNCILLOR BROWNE 18 That Council approves the requested Development Permit for 623 Ardmore Drive subject to the terms and conditions contained within the draft permit attached to the report dated December 23, 2011 from the Assistant Planner. ii Grant in Aid for Mary Winspear Centre Report dated December 28, 2011 from the Acting Director of Financial Services MOVED BY: COUNCILLOR STOCK SECONDED: COUNCILLOR BROWNE 19 That Council directs Staff to proceed with payment of $30, Grant in Aid for the first quarter of 2012 to the Mary Winspear Centre. iii. AAC Minutes dated September 1, 2011 Report dated December 20, 2011 from the Director of Planning and Community Services

7 Page 7 of That Council: 1) Approves the proposed Work plan attached to the report from the Director of Planning and Community Services; and 2) Forwards the $19,000 increase to future budget deliberations. b) Committee of the Whole Report for January 9, 2012 Sandown Racetrack Rezoning Application (6-COW and 7-COW) 21 That Council proceeds with jointly funding the phase two environmental investigation with a maximum municipal contribution of $9000. Subsidiary Motion SECONDED: COUNCILLOR MCBRIDE 22 That the motion be amended to include and the District request from PHH ARC Environmental a scope of work that will be performed for the Stage II as per quoted $18,000. Subsidiary Motion SECONDED: COUNCILLOR BROWNE 23 That the motion be amended to replace from PHH ARC Environmental with from the environmental consultant. Motion 21 as amended 24 That Council obtains a market value appraisal of the Sandown property on the basis that it would be valued as farmland.

8 Page 8 of 13 Subsidiary Motion 25 That the motion be amended by the addition of the following: and that appraiser be asked to provide the values of: a) The 95 acres of property as is ; b) The 12 acres of proposed commercial zoned property as is, i.e. without servicing; c) The 83 cares of proposed agricultural zoned land fully reclaimed to Agricultural Land Commission requirements. OPPOSED: MAYOR FINALL, COUNCILLOR MCMURPHY, COUNCILLOR STOCK 26 That the motion be amended to add after the words Agricultural Land Commission requirements in section (c) the word and conditions. Motion withdrawn 27 That the motion be amended by striking requirements in section (c) and replacing it with conditions. OPPOSED: COUNCILLOR MCMURPHY Motion 25 as amended Councillor McMurphy raised a point of privilege which was not sustained. 28 That Staff prepares for Council s consideration a draft memorandum of understanding with the Agricultural Land Commission regarding the Sandown lands rezoning application. MOTION DEFEATED OPPOSED: COUNCILLOR BROWNE, COUNCILLOR DALY, COUNCILLOR MCBRIDE, COUNCILLOR MEARNS Councillor Daly raised a point of order.

9 Page 9 of 13 MOVED BY: COUNCILLOR MCBRIDE 29 That Council considers the suggestion regarding the selection of an agrologist put forward by Councillor McBride. Subsidiary Motion 30 That the motion regarding the selection of an agrologist be postponed to the January 23, 2012 Committee of the Whole meeting. by unanimous consent Development Permit Application Bayfield Road (8-COW) SECONDED: COUNCILLOR DALY 31 That Council approves the development permit for Bayfield Road subject to the terms and conditions set out in the draft permit attached to the report. Heritage Strategic Plan (9-COW) 32 That the District of North Saanich Heritage Strategic Plan be received and approved by Council, with thanks to the Heritage Advisory Commission. Climate Change Action Plan (12-COW) 33 That the report dated December 22, 2011 from the Director of Planning and Community Services be received and that Council: 1. Approves the attached Terms of References in Appendices A & C for a Climate Change Action Plan, and 2. Directs Staff to prepare a Request for Proposals on Appendix A. Cosmetic Use of Pesticides (13-COW)

10 Page 10 of That Council directs staff to place pesticide reduction information on the municipal web site including information about the District s practices to reduce the use of pesticides. Official Community Plan Review (16-C0W) SECONDED: COUNCILLOR BROWNE 35 That the Municipality undertake a review of its Official Community Plan such review to commence as soon as possible, and that Staff provide information regarding the terms of reference, timing and budget. OPPOSED: MAYOR FINALL, COUNCILLOR MCMURPHY, COUNCILLOR STOCK 36 That the minutes of the January 9, 2012 Committee of the Whole be received. Council recessed at 10:21 p.m. Council resumed at 10:27 p.m. BYLAWS North Saanich Zoning Bylaw No (2011) Amendment Bylaw No (2012) 37 That North Saanich Zoning Bylaw No (2011) Amendment Bylaw No (2012) be read a first time. 38 That North Saanich Zoning Bylaw No (2011) Amendment Bylaw No (2012) be read a second time.

11 Page 11 of 13 MOTIONS AND NEW BUSINESS SECONDED: COUNCILLOR MCBRIDE 39 That for the fiscal year 2012 there be a zero percent increase for property tax and a zero percent increase in parcel taxes and a zero percent increase in water and sewer operating charges. Subsidiary Motion 40 That the matter be referred to Staff for a report on the implications, including known and anticipated increases for 2012, as well as for commitments to infrastructure, debt reduction and community expectations for service and amenities. OPPOSED: COUNCILLOR BROWNE, COUNCILLOR MCBRIDE, COUNCILLOR MEARNS CORRESPONDENCE FOR COUNCIL S INFORMATION 41 That the correspondence listed in Item 15 of the agenda be received. IN CAMERA 42 That in accordance with Section 90(1) of the Community Charter, attendance for the remainder of the Council meeting, commencing at 10:48 p.m., be closed to the public to consider: a) Three items regarding personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; b) Two items regarding labour relations or other employee relations;

12 Page 12 of 13 c) Two items regarding law enforcement, if the council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment. ADJOURNMENT MOVED BY: COUNCILLOR STOCK SECONDED: COUNCILLOR DALY 43 That the meeting be adjourned at 11:10 p.m. CERTIFIED CORRECT APPROVED AND CONFIRMED C. Kingsley Corporate Officer Alice Finall

13 Page 13 of 13 APPENDIX A MAYOR S REPORT January 5, 2012 Met with representatives of the Peninsula Chamber of Commerce with s Cross and Bryson. The Chamber wishes to make a presentation to all three Councils regarding a proposal for data collection from businesses in the three municipalities at a cost of $25,000 for each municipality. My own suggestion would be that a tri-municipal meeting might be more efficient for hearing a presentation and each council could then decide whether they wish to budget for such an endeavor. January 6, 2012 At the request and invitation of Chief Tanya Jones of Tseycum, our CAO, Robert Buchan and I attended a meeting with Tseycum Council members, RCMP representative, Indian and Northern Affairs representatives, Health Canada representatives and legal counsel for the Tseycum to address an unpermitted salvage operation recently begun on Tseycum land. We have had concerns expressed from North Saanich residents about this. What we didn t know was that a residence on the band lands had been set on fire without notice on December 21, 2011 causing considerable concern to the reserve residents and the Chief. Chief Jones contacted Mr. O Reilly here at North Saanich and he assisted by calling the RCMP and notifying the Department of Indian Northern Affairs Canada (DINAC), which led to the meeting I attended. The matter is now being dealt with by the federal department and we will obtain an update in due course. January 11 attended a community meeting regarding the Sandown Proposal along with Councillors Mearns, Stock, McMurphy and Daly, and CAO Rob Buchan. Over 400 people attended to hear the panel of presenters and the comments by many members of the audience. The time limit on the meeting meant that not all who wished to speak were able to do so and I was pleased to see the high level of community interest. January 14 attended the annual tea for volunteers at the Sidney Museum and spoke on behalf of North Saanich recognizing the work done in terms of heritage.