Council Minutes - September 5, 2023

5. PRESENTATIONS

5.1 Intermunicipal Advisory Committee on Disability Issues - Marnie Essery

Marnie Essery, Chair of the Intermunicipal Advisory Committee on Disability Issues spoke to Council about the committee and the accessibility issues and barriers individuals face.

6. PUBLIC PARTICIPATION

Mayor Goodmanson spoke to the rules, procedures, and conduct of public participation.

• M. Wignall, Selwyn Rd - re: item 11.2 - Opposed.
• S. Sifert, Walfred Rd - re: item 11.2 - Opposed.
• N. Johal, Walfred Pl - re: item 11.2 - Opposed.
• L. Foxall, Players Dr - re: item 11.2 - Opposed.
• R. Louie, Bellamy Rd - re: item 11.2 - Supports option 2.
• Jaspir, Langford - re: item 11.2 - Opposed.
• W. Hobbs, Luxton Rd - re: item 11.2 - Opposed.
• C. Foxall, Players Dr - re: item 12.2 - Opposed.
• T. Bolt, Goldstream Ave - re: items 12.2 - Opposed. 11.1 - Supports.
• C. Wright, Commander Ct - re: item 11.2 - Opposed.
• S. Costello, Robalee Pl - re: items 9.1 - Supports option 2, opposes Our Lady of the Rosary Parish (Bishop of Victoria), Plumbers & Pipefitters Building Society and Island Corridor being exempted. 12.2 - Opposed.
• B. Armstrong, Rodney Rd - re: item 12.2 - Opposed.
• R. Glen, Langford - re: item 11.2 - Opposed.
• L. Webb, Peatt Rd - re: item 11.1 - Supports.
• A. Panduro, Millstream Rd - re: item 11.2 - Opposed.
• R. Wilson, Reunion Ave - re: item 11.2 - Opposed.
• W. Hobbs, Luxton Rd - re: item 12.2 - Opposed.
• S. Plank, Goldstream Ave - re: items 11.2 - Supports. 12.2 - Opposed.
• M. Wignall, Selwyn Rd - re: items 11.1 - Supports. 12.2 - Opposed.
• N. Johal, Walfred Pl - re: item 12.2 - Opposed.

MOVED BY: HARDER
SECONDED: WAGNER
THAT Council at 7:57 pm. extend public participation for 15 minutes.
Motion CARRIED.

7. CONSENT AGENDA

• Minutes of the Council Meeting - August 21, 2023
• Minutes of the Community Advisory Committee Meeting - August 29, 2023

MOVED BY: HARDER
SECONDED: SZPAK
THAT Council adopt the recommendations for each item on the Consent Agenda as presented.
THAT Council adopt the minutes of the Council meeting held on August 21, 2023.
THAT Council receive the minutes of the Community Advisory Committee meeting held on August 29, 2023.
Motion Carried Unanimously

8. CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

None removed.

9. COMMITTEE RESOLUTIONS

9.1 Request for Permissive Tax Exemptions

MOVED BY: MORLEY
SECONDED: YACUCHA
THAT Council recommend that all properties listed in this report be provided with a Permissive Tax exemption for 2024-2027.
AND
THAT Council direct staff to prepare the necessary bylaw to enact the above permissive exemptions.
Motion CARRIED.

10. NOTICES OF INTENT

10.1 DVP23-0005 - 654 Rason Rd

MOVED BY: SZPAK
SECONDED: WAGNER

THAT Development Variance Permit No. DVP23-0005 be issued by Council for the City of Langford to SC Smith Building on behalf of Steve Smith to reduce the rear lot line setback for the existing dwelling as part of a three-lot subdivision at 654 Rason Road subject to the following terms and conditions:

1. Appendix
   The site shall be developed in accordance with the site plan attached (Figure 2).

2. Variances
   The following regulations of Zoning Bylaw No. 300 be varied pursuant to section 498 of the Local Government Act:

a) That section 6.22.07(b) be varied by reducing the rear lot line setback from the required 5.5m (18 ft) to 1.72m (5.6 ft) for the existing single-family dwelling.

3. Conditions
   The following requirements are imposed pursuant to section 498 of the Local Government Act:

a) That the variance is valid for the existing home only and any new construction must comply with setback requirements outlined in Zoning Bylaw 300 or a new Development Variance Permit must be obtained.
b) That the site is developed in accordance with the site plan shown as Figure 2.
Motion CARRIED.

11. REPORTS

11.1 Accessibility Committee Update

MOVED BY: HARDER
SECONDED: GUIRY
THAT Council rescind the motion passed on March 20, 2023;
AND
That the municipality participate in a joint intermunicipal accessibility advisory committee – the Capital West Accessibility Advisory Committee – with partners to include those of the City of Colwood, the Township of Esquimalt, the District of Highlands, the District of Metchosin, the District of Sooke and the Town of View Royal who may choose to participate in the Capital West Advisory Committee;
AND
THAT terms of reference for this joint intermunicipal staff accessibility advisory committee be provided for consideration of approval in the Fall of 2023;
AND
That under the terms of reference for this joint intermunicipal staff accessibility advisory committee are approved, that the Corporate Officer for Langford be appointed to the committee as Langford’s representative on an interim basis;
AND
THAT each member municipality of this joint intermunicipal staff accessibility advisory committee allocate nominal annual operating funds for committee expenses;
AND
THAT the joint sub-regional staff accessibility advisory committee prepare the initial accessibility plan with a focus on service delivery and employment;
AND
THAT the funding allocated in Year 1 of the 2023-2027 Financial Plan originally for development of the accessibility plan be used, as funds permit, instead for: assistance, as and if required, with development of the accessibility plan; facilitated engagement sessions on barriers faced by the public in accessing services of the partner municipalities; and a specific project or initiative to begin to identify accessibility barriers, for example, assessments of the partner municipalities’ websites, hiring practices, or main municipal hall buildings;
AND FURTHER
THAT the City of Langford establish an email address to receive public comments as set out in the Accessible BC Act.
Motion CARRIED.

11.2 Code Of Conduct Policy Update

MOVED BY: HARDER
SECONDED: YACUCHA
THAT Council at 8:48 pm. adjourn the meeting for a 5-minute recess.
Motion CARRIED.

The meeting resumed at 9:06 pm.

MOVED BY: GUIRY
SECONDED: WAGNER
THAT Council adopt the amended the Code of Conduct with the amendments as follows:

1. By adding new sections 33 through 35 and renumbering the remainder accordingly:

33.Employees and committee members are encouraged to follow the informal complaint procedure under section 34 or 35 as applicable as the first means of remedying conduct that is believed to violate this Policy; however, neither staff nor Committee members are required to complete the informal complaint procedure prior to pursuing the formal complaint procedures.
34.An employee of the City, who reasonably believes, in good faith, that a Council member’s conduct is in violation of this Policy may bring forward their concerns to the CAO or the Mayor to resolve the issue through an informal discussion.
35.A member of any City Committee who reasonably believes, in good faith, that a Council member’s conduct is in violation of this Policy may bring forward their concerns to the CAO or the Municipal Liaison to resolve the issue through an informal discussion.

1. By adding a new section 37 and renumbering the remainder accordingly:

37.An employee or committee member who reasonably believes, in good faith, that a Council member’s conduct is in violation of this Policy may submit a written complaint to the Mayor and CAO within six months of the alleged breach, or in the event that the Mayor or the CAO is implicated in the complaint, the Acting Mayor or the Director of Corporate Services, respectively.

1. By amending the reference sections throughout to reflect the renumbering of sections noted above.

Motion CARRIED.
Mayor S. Goodmanson opposed.

12. BYLAWS

12.1 BYLAW NO. 2023 (Background report attached)

"City of Langford Storm Drainage Development Cost Charge Bylaw No. 2023, 2023." (ADOPTION)

MOVED BY: SZPAK
SECONDED: HARDER
THAT Council adopt the North Langford Storm Drainage DCC Bylaw No. 2023, 2023.
Motion CARRIED.

12.2 BYLAW NO. 2135 (Background report attached)

"Langford Zoning Bylaw, Amendment No. 701, (Omnibus No. 63 – Text Amendment to Remove Clause Requiring Second Parking Stall for Three-Bedroom Units), Bylaw No. 2135, 2023". (ADOPTION)

MOVED BY: GUIRY
SECONDED: HARDER
THAT Council postpone Bylaw No. 2135 until September 25, 2023, Council meeting.
Motion DEFEATED.

MOVED BY: GUIRY
SECONDED: HARDER
THAT Council rescind second and third reading of Bylaw No. 2135 and direct staff to schedule a future Public Hearing.
Motion CARRIED.

12.3 BYLAW NO. 2144

"Langford Zoning Bylaw, Amendment No. 705, (3405 Happy Valley Road, Bylaw No. 2144, 2023". (FIRST READING)

MOVED BY: SZPAK
SECONDED: WAGNER
THAT Council give Bylaw No. 2144 first reading.
Motion CARRIED.

12.4 BYLAW NO. 2145 (Background report attached)

“City of Langford Housing Agreement (1361 & 1371 Goldstream Avenue), Bylaw No. 2145, 2023”. (FIRST, SECOND AND THIRD READINGS)

MOVED BY: WAGNER
SECONDED: GUIRY
THAT Council give Bylaw No. 2145 first, second and third readings.
Motion CARRIED.

13. IN CAMERA RESOLUTION

MOVED BY: HARDER
SECONDED: MORLEY
THAT Council close the meeting to the public pursuant to section 90 (1) (e) of the Community Charter to consider:
· the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality.
Motion CARRIED.

The meeting went in camera at 9:47 pm.

14. ADJOURNMENT

Mayor Goodmanson adjourned the meeting at 10:25 pm.

Presiding Council Member

Certified Correct - Corporate Officer