District of

Minutes Council Meeting

December 10, 2018 at 7:00 p.m. Council Chamber Metchosin Municipal Hall ______

Present: Mayor Ranns in the Chair; Councillors Kahakauwila, MacKinnon, Epp and Little. Also present was L. Urlacher, CAO and T. Van Swieten, Deputy Corporate Officer

The meeting was called to order at 7:05 p.m.

Closed Portion, Exclusion of the Public

Moved and Seconded by Councillors Kahakauwila and MacKinnon that the public be excluded under section 90 of the Community Charter in order to consider: 1(a) 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. (f)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; (g)litigation or potential litigation affecting the municipality. 2(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party; Carried 1. Agenda, Additions and Approval

Moved and Seconded by Councillors Kahakauwila and Little that Council approve the agenda as presented. Carried 2. Presentations

Mayor Ranns stated that Bob Gramigna is unable to attend the meeting tonight and his certificate will be presented at a Council meeting in the New Year.

Mayor Ranns stated that the Fire services Exemplary Service Medal, created on August 29, 1985, honours members of a recognized Canadian fire service who have completed 20 years of service, ten years of which have been served in the performance of duties involving potential risks, and were employed on or after the date of creation of the Medal.

Recognized fire services include Canadian fire departments, fire marshals’ offices, fire commissioners’ offices and the Canadian Forces fire services. Exemplary service is characterized by good conduct, industry and efficiency.

a) Scott Henning, Fire Service Exemplary Service Medal

Mayor Ranns gave a brief overview of Scott Henning’s background as a firefighter, starting in 1998 with , promoted to Lieutenant after three years. He has been an officer for 16 years, and Fire Chief for the last three years. Scott has been heavily involved in Fire Investigations and is a competitive member of the North Cowichan extrication team for over ten years. Scott is also a member of their Swift Water Rescue Team and brings a great wealth of knowledge and experience in driving, pump operations, scene management and has a passion for District of Metchosin - 2 - December 10, 2018 Council Meeting Minutes

the fire service. Scott came to Metchosin in January 2018 and was promoted to Lieutenant after his probationary period. Mayor Ranns stated that Metchosin is fortunate to have him as an active and dedicated member of the Metchosin Volunteer Fire Department and congratulated him on his Fire Services Exemplary Service Medal.

b) Stephanie Dunlop, Fire Service Exemplary Service Medal

Mayor Ranns stated that Stephanie Dunlop came to Metchosin from , worked her way up the Metchosin Volunteer Fire Department to become the Fire Chief, and has done a remarkable job as Chief. Stephanie has recommended and implemented many programs, including mutual aid agreements with neighbouring communities. Stephanie works to consistently improve life for Metchosin residents with her ability to operate effectively and economically. Stephanie introduced the tender shuttle that has saved residents on their insurance costs, hiring the District’s Public Works crew from the Fire Department to helping us have a full engine crew during the day that helps with our mutual aid as well. Stephanie has also worked very hard with our Emergency Operation Centre getting it to a remarkable state of efficiency. Mayor Ranns congratulated Stephanie on her many accomplishments over the years and congratulated her on the Fire Services Exemplary Service Medal.

3. Public Participation

Gaert Linnaea, resident, stated her full support for the LaBonne Residents Association and expressed concerns about the areas lands and waterways of Wildwood Creek which feeds into Matheson Lake. Ms. Linnaea has noticed increase in tandem traffic over the last two years and asked what Council what they can do to have some control over the soil deposits.

Mark Atherton, resident, restated that a workshop put on by the Ombudsperson’s Office would be a very good idea and quoted some parts of the Best Practices booklet put out by the Ombudsperson’s Office, including court proceedings and bylaw enforcement. Mr. Atherton commented on an alternative process to going to court, The Bylaw Notice Enforcement Act, which is less structured and less cost. Mr. Atherton offered to volunteer to help with a Bylaw Enforcement Workshop.

Robert Patterson, resident, stated his support for the LaBonne Residents Association, adding that this issue has been going on for a long time and there is lots to be concerned about. Mr. Patterson commented that it is unsettling to know the length of time some of the soil deposits are taking and policing them all should not be just up to Municipal, there should be a Regional level involved.

Bonnie Farris, resident, wanted to add onto Mark Atherton’s comments and stated the workshops put on by the Ombudsperson’s Office would be for staff and Council only, not the public. Ms. Farris went on to quote from the Best Practices Guide put out by the Office of the Ombudsperson, regarding enforcement. Ms. Farris commended Council for planning a workshop and asked that it happen fairly soon.

Nicole Shukin, resident, thanked everyone that came out to support the LaBonne Residents Group and commented on bylaw violations and voluntary compliance unfolding in Metchosin, including boulders that were brought on the property in question to line a pond or erecting a screen. Over the weekend boulders being moved around the property were heard. Ms. Shukin questioned whether voluntary compliance means screening over or cleaning up a problem. Ms. Shukin also commented on the image of Parry Bay Sheep Farm on the District of Metchosin website and what happens behind the rural green image lays scenes of careless remation and the broken hearts of residents. With renewed will for serious bylaw reform, Metchosin can live up to the image it projects. Ms. Shukin supports a bylaw workshop.

District of Metchosin - 3 - December 10, 2018 Council Meeting Minutes

Dominique Daniel Moscow, resident, supports the residents speaking on a more effective approach to bylaw enforcement and having a workshop on bylaw enforcement. Ms. Moscow commented on the amount of fine revenue collected and stated collecting essential fines for serious offenses would help fund bylaw services. Ms. Moscow stated voluntary compliance may work in some instances but certain criteria should be applied before this being the default approach, like past history, effect on environment and/or neighbours.

Karyn Woodland, resident, stated the bylaw enforcement and complaint process is flawed and supports the LaBonne Road residents and Mark Atherton’s comments about a Best Practices Workshop. Ms. Woodland gave a brief history of Metchosin and its residents, who many volunteer tirelessly to enhance environmental stewardship, but not all residents value Metchosin. Ms. Woodland stated Metchosin is known for its lax bylaws and minimal environmental standard.

Ken Merkley, resident, supports the LaBonne Road residents, has recently seen the site from the Ash Mt. lookout and was appalled at the degradation since the LaBonne extension went in. Mr. Merkely felt motivated to come speak on it, and volunteer his time, with a background in policy work, to help with a bylaw workshop.

Paige Jervis, resident, supports and sympathizes with all those regarding the Ash Mt. dumpsite and would like to point out there is continued dumping on parts of Section 38, Goldstream District, access off Road. Many dump trucks are entering this property regularly containing questionable materials and have reported to the District some time ago and it is still happening. Ms. Jervis asked Council to act on these illegal activities and expressed concern over the damage that these activities are doing to the water quality of these connecting creeks.

Gail Dalzell, property owner, stated that a workshop would explain to residents how bylaw enforcement operates; from the time a complaint is received and up until it is rectified. Holding a workshop to find ways of fining people will not be helpful. Metchosin has always been unique and handles things in different ways. Ms. Dalzell stated that there have been many times, that residents don’t know of that Council has enforced bylaws by getting compliance and have done it quietly. Ms. Dalzell also stated that it says on the agenda why Council goes In Camera. Ms. Dalzell commended Council for all the times they have reached compliance, quietly and not by intimidation.

Ken Farquharson, resident, speaking on behalf of Monique Antsy, commented that Council stopped the fill on the wetlands adjacent to her property, the owner was to have a grass field, if you go down there today there is nothing growing on there at all. If you stop a fill, is it not in your power to require some form of remediation? It is not a good situation down there.

Jennifer Burgis, resident, complimented those who gave formal presentations on bylaw enforcement, stating it is important for Council to listen. Ms. Burgis wished a great holiday season to everyone and wanted to remind Council of the year 2017 where incredible things were done, purchased the school and the boundary adjustment, both significant for Metchosin and she is looking forward to 2019. Ms. Burgis noted that residents are showing they want to work more closely and positively with Council than perhaps in the past. Ms. Burgis stated that moving forward with the workshops is a good thing and we need to consider how we are going to develop the school site that would benefit the municipality.

Selby Suluk, resident, stated that the public participation is an important part of a Council meeting and fundamental to Council’s job to listen. Mr. Suluk is very heartened and encouraged that so many residents came to speak on this issue, deeply concerned for their community and the natural ecosystem that we are all obliged to steward for future generations. Mr. Saluk stated that just as critical to fare democratic governance is the idea of openness, to be able to speak frankly

District of Metchosin - 4 - December 10, 2018 Council Meeting Minutes

and honestly fosters discussions and ideas. Council needs to be open with their thinking and closed meetings do not instill confidence or trust in a process. Mr. Suluk stated that as a Council you have been elected to represent Metchosinites Transparency on both sides of this table is crucial as is public involvement and a shared vision for our future.

Chris Moher, resident, stated there is a lack of transparency regarding Metchosin bylaw enforcement and hopes that future workshops could help this.

Brad Doney, resident, speaking on behalf of the LaBonne Road Association, expressed concerns over a bylaw enforcement workshop. Soil deposit issues have been around for 15-20 years. Residents have come forward to complain many times, then give up and the same issues continue. Mr. Doney stated what is needed is a concerted effort by Council to enforce the bylaws we already have, making sure it is transparent so everyone can rest confidently. Mr. Doney stated what happened on Ash Mt. was inevitable and will continue.

Cathy Salute, resident, stated after the last Council meeting people gathered outside the municipal hall and shared stories of bylaw enforcement that felt ignored and residents are feeling heartbroken. Ms. Salute urged Council to listen and do something about this.

Shari Rourke, resident, commended Council on the work that is done that perhaps residents don’t hear about, where issues are reconciled. Ms. Rourke stated that maybe there is a way to change that, somehow communicating the information to residents without revealing confidential information. Ms. Rourke also commented on repeat offenders, riparian areas, concerns on Ash Mt. and permits taken out. Ms. Rourke stated a bylaw workshop may be a good idea and transparency is important.

Mark Atherton, resident, stated that the Ombudsperson’s report on Best Practices says elected officials should stay out of bylaw enforcement, only staff should be involved. Mr. Atherton also commented on transparency and is looking forward to a workshop to bring forward new ideas. Mr. Atherton commented on the Best Practices report, stating what it was missing was soil deposits.

4. Adoption of the Minutes

Moved and Seconded by Councillors Kahakauwila and MacKinnon that Council adopt the minutes of the Council meeting, November 26, 2018. Carried 5. Receipt of the Minutes

Moved and Seconded by Councillors MacKinnon and Epp that Council receive the minutes of the Finance & Environment Committee meeting, December 3, 2018. Carried

Moved and Seconded by Councillors Kahakauwila and Epp that Council receive the minutes of the Planning Committee meeting, December 3, 2018. Carried

Moved and Seconded by Councillors Little and Kahakauwila that Council receive the minutes of the Parks Committee meeting, December 3, 2018. Carried

District of Metchosin - 5 - December 10, 2018 Council Meeting Minutes

Moved and Seconded by Councillors Epp and Kahakauwila that Council receive the minutes of the Public Works Committee meeting, December 3, 2018 as amended in item 8a) Councillor Little should be Councillor Epp. Carried

Moved and Seconded by Councillors MacKinnon and Kahakauwila that Council receive the minutes of the Special Finance & Environment Committee Budget Workshop, December 4, 2018.

Carried 6. Mayor’s Report

Mayor Ranns reported that staff has been in touch with the Ombudsperson’s Office regarding a bylaw enforcement workshop, as has individual Councillors. They do workshops and will tailor make a workshop if we want to go that route.

We did something today that was expressed to be the first time it has ever been done, we signed a memorandum of understanding between Beecher Bay , Metchosin and Pearson College to undertake discussions and have a visioning process in regards to Mary Hill and the disposition of it. This is of significant importance to the Community and I’m heartened to have the opportunity to be able to continue our cooperative efforts we have with Beecher Bay and this time with a new partner, Pearson College. The opportunities for Mary Hill are significant and it is something we don’t want to see lost without being able to fully explore all of the avenues available and finding a way to make something really special of Mary Hill. The Band, without question, needs revenues and they would like to have title. A good portion of Mary Hill is going to be opertism through the Treaty process from the Federal Government; however they are expected to buy it at market value, with cash funds that they would otherwise be receiving. There are some complications for everybody in regards to this. There is hope that a portion of this may be able to be used as a tribal park so they wouldn’t have to pay for it, as long as it remains intact. We have been approached by citizens who feel that through their experience living with NGO’s that there may be significant funding available that could go to Beecher Bay if we could retain the land in its natural state. Pearson College is looking at a possible world conference center with a First Nations cultural aspect attached to it. There are a lot of ideas right now that we hope to pull together through discussions. Signing a formal memorandum of understanding to make those discussions with a First Nations’ municipality and a world college is a first. We seem to be a municipality that does a lot of firsts in many ways. I’m very happy to make that announcement.

The press was there and the press release will be on the District website.

Mayor Ranns also announced that Bobby Mitchell has been appointed to the Agricultural Advisory Select Committee for a two year term.

7. Business Arising

a) Public Library 2019 Budget and Five-Year Financial Plan

Moved and Seconded by Councillors MacKinnon and Epp that Council approve, in principle, the Greater Victoria Public Library 2019 Budget and Five-Year Financial Plan. Carried b) Trail Signage

Councillor Little stated that she would like to amend the motion by adding “Trail Maintenance Budget”.

District of Metchosin - 6 - December 10, 2018 Council Meeting Minutes

Moved and Seconded by Councillors Little and Kahakauwila that Council approve option a) “The new design for signs is implemented as signs are needed, and taken from what is allocated in PTASC’s annual Trail Maintenance Budget” as amended. Carried

ACTION ITEM: Council will discuss option b) “The new design for signs is implemented across the board, all signs replaced at the same time” at the Finance & Environment Committee budget workshop, investigating funding options and suggested one time.

c) Park Bench Donation Request – Corner Farhill & Park Drive at top of Trail

Moved and Seconded by Councillors Little and MacKinnon that Council approve the location requested by the applicant for a bench donation at the corner of Farhill & Park Drive, at the top of the trail. Carried d) Moralea Milne’s Garry Oak Meadow Proposal

Moved and Seconded by Councillors Little and MacKinnon that Council support the proposed restoration and ongoing maintenance of the Garry Oak Meadow adjacent to the Municipal Hall in memory of Councillor Moralea Milne, as presented. Carried

ACTION ITEM: The requested “in-kind” support will be allocated to the Environment Budget.

Councillor Little stated she will be meeting with Katy Nelson to further discuss this in the near future.

e) Heritage BC Hosted Round Table

Moved and Seconded by Councillors Epp and Kahakauwila that Council support the District of Metchosin holding a Heritage BC Roundtable in the District Council Chambers, providing the venue only, subject to availability, in the first week of February 2019, hosted by Heritage BC.

Carried f) HCAC Grant Project, Land Story Concept Drawings (Village Square Project)

Moved and Seconded by Councillors Epp and MacKinnon that Council support HCAC to work with the Parks and Trails Coordinator and consult with User Groups to investigate options for moving forward with the construction of the trail system on the Municipal Grounds as presented.

Carried g) Greater Victoria Public Library – Roof Replacement at JDF Branch

Moved and Seconded by Councillors MacKinnon and Kahakauwila that Council approve, in principle, the request from the Greater Victoria Public Library for the expenditure of funds from the Major Asset Maintenance Reserve for the purposes of a roof replacement/refurbishment at the Juan de Fuca Branch of the Greater Victoria Public Library. Carried h) CRD Animal Control Services Agreement

Moved and Seconded by Councillors Kahakauwila and MacKinnon that Council authorize the Mayor and CAO to execute the CRD Animal Control Services Agreement. Carried

District of Metchosin - 7 - December 10, 2018 Council Meeting Minutes

i) CRD Bylaw Enforcement Services Agreement

Moved and Seconded by Councillors Kahakauwila and Little that Council authorize the Mayor and CAO to execute the CRD Bylaw Enforcement Services Agreement. Carried 8. Reports for Information

a) CRD Monthly Bylaw and Animal Care Services Reports, October 2018

Moved and Seconded by Councillors Kahakauwila and MacKinnon that Council receive the CRD Monthly Bylaw and Animal Care Services Reports, October 2018. Carried b) Metchosin Public Communication Report Statistics, November 2018

Moved and Seconded by Councillors Kahakauwila and MacKinnon that Council receive the Metchosin Public Communication Report Statistics, November 2018. Carried c) Metchosin Building Inspection Department Report, November 2018

Moved and Seconded by Councillors Kahakauwila and MacKinnon that Council receive the Metchosin Building Inspection Department Reports, November 2018. Carried d) West Shore RCMP Quarterly Mayor’s Report, July-September 2018

Councillor Kahakauwila asked if we will be getting a West Shore RCMP representative to a future meeting to go over the quarterly report.

Moved and Seconded by Councillors Kahakauwila and MacKinnon that Council receive the West Shore RCMP Quarterly Mayor’s Report, July-September 2018. Carried 9. Bylaws

a) Council Remuneration Bylaw No. 649

Moved and Seconded by Councillors MacKinnon and Little that Council adopt the Council Remuneration Amendment Bylaw No. 649. Carried 10. Adjournment

Moved and Seconded by Councillors Little and Kahakauwila that Council adjourn the meeting at 8:21p.m. Carried

Certified Correct

______Mayor Corporate Officer