Special Meeting addresses development variance permit
The focus of council's Committee of the Whole (COW) meeting for December was another look at the 2025's draft budget.
However, the COW meeting was preceded by a Special Meeting of Council to address a development variance permit (DVP), and two rescheduling questions. With Councillors Marcus Reuter and Jaime Cunliffe both missing, the meetings – along with the closed session that was held between the two – proceeded with the smallest allowable quorum, made up of Mayor Ken Berry and Councillors Neville Abbott and Michael Broughton.
The DVP was put forward by Eric Upenieks, a new resident currently building a home in Kelvin Grove Way, and refers specifically to the installation of an outdoor hot tub. The permit was submitted along with a staff recommendation that the variance is a small one and should be approved.
When Councillor Neville Abbott queried why the issue hadn't been put before the Board of Variance, CAO Ross Blackwell replied that the Board of Variance "is an old and antiquated system that frequently does not serve communities well."
He said that while he was speaking of these boards in general, and not to Lions Bay's board specifically, these matters are often complex, and having them come before Council facilitates a "more rigorous analysis of the issue and a more balanced outcome."
Currently, the provincial government stipulates that municipalities with zoning bylaws must establish "one or more boards of variance to allow people to request relief from provisions of that bylaw."
Abbott's further question of whether someone directed the resident to go to council rather than the board of variance was not answered.
The motion to approve the variance passed.
Discussion then turned to rescheduling issues. It was decided that the size of the agenda warranted moving this month's regular Council meeting forward to December 10, allowing for the option of calling a special meeting on December 17 if needed.
The question of office closures over the holiday season centred on whether the staff costs resulting from the extra days off around this year's awkward placement of statutory holidays would be covered by taxpayers, or offset by extra hours and flex days.
Financial Officer Joe Chirkoff noted that the cost of five days off over the holidays, if applied to Public Works and all office staff would amount to just under $17,000, roughly $300 per senior staff member for a day.
After discussion it was agreed that the office would be closed on December 20.
It was also decided that during the office closure, three days will be covered by the Village, and staff will offset the remaining two days by adding extra time to their workdays. Blackwell said that Public Works staff would not be paid extra call-out wages should they be needed at that time for street cleaning or other emergency work, as they would when called out after hours.
After breaking for a closed session, the open portion of the COW meeting began at 7 p.m., with the agenda amended to include notes from the Infrastructure Committee (IC).
Some cursory attention was offered to the list of outstanding action items (found on page 10 of the agenda), but as nothing had changed on the list, the focus of the meeting turned principally to the budget.
Chirkoff noted that capital expenditures (noted on page 12 of the draft budget) have been left blank for 2026 and beyond, and that he is seeking direction for those years.
Blackwell noted that this is a direct result of not having a strategic plan, and reminded council that he's been trying to formalize a strategic planning meeting since April. Chirkoff said that knowing when projects are happening also helps with investing of funds and financial planning.
Expense discussions focused almost entirely on the items listed in red on page 52 of the draft budget, including infrastructure repair and replacements on Bayview, Oceanview, Creekview, the watermain from Alberta Creek and the upgrade to the Supervisory Control and Data Acquisition (SCADA) system. The Lions Bay Beach Park and now-separate jetty project are also included in these prioritized items.
Director of Operations Karl Buhr also spoke to the importance of installing a pump-able toilet facility to replace the underused and aesthetically unpleasant portable toilets at the Sunset trailhead.
Without citing specific projects, Councillor Broughton stated his preference for a lower tax rate, noting that other comparable communities such as Bowen Island don't also charge taxpayers a 10% levy, as is the case in Lions Bay.
Blackwell reminded Council that each reading of the budget is an opportunity for amendment, and noted the first reading is slated for the next Council meeting, now moved forward to December 10 at 7 p.m.
When no resident comments or questions arose, the meeting adjourned.
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Not to pick on any individuals, the scenario below has carried on in Lions Bay over several Council administrations, several CAO and PWM, and is a common concern throughout the developed world. However, in support of Mr Miller; back on 2008/10 the Village planned on installing two "multi barrier water filtration plants" which would, naturally, have included two membrane filters! In order to save $1mm (admittedly a lot of money at the time), and be able to claim "the project came in under budget" the filters were removed from the water filtration plant design, and all we did was improve disinfection (so something good for sure)!
In 2021, when an absence of a filtration exemption certificate was revealed, the then…
Bypassing the BoV also means that neighbours are not consulted when a variance is requested. Also concerning that "operational" control has led to a lack of oversight on major projects which has led to ballooning spending and budget overruns.
The Broughtons invariably want lower tax rates. I’m sure this is attractive to their base. Why can’t they realize that lower taxes means deferring projects to a later date which usually results in higher costs.? Deferring projects also inreases the risk of infrastructure failures which can send costs skyrocketing.
I see that CAO Blackwell stated his thought that boards of variance were "antiquated etc." yet every municipality has and is required by provincial legislation to have one. Given we have very qualified members on Lions Bay's board of variance I wonder how Mr. Blackwell draws his conclusions. Boards of variance have clear and independent terms of reference and are expected to provide objective decisions. This should not be subject to the arbitrary opinion of the CAO.