Newsletter April 11, 2018 - What IS going on at THE HALL?
Oak Bay Watch’s Council Report for January 22, 2018 explained that the District Approving Officer (AO) will not require the applicant requesting subdivision of a lot at 960 Foul Bay Road and Brighton Avenue to pay a Park Land Acquisition Payment. Councillor Braithwaite who had enquired about this payment was informed definitively by the AO that: “A Park Land Acquisition Payment is only required by legislation if 4 lots are “created”. In this application payment is exempted as there will be only three new lots - the original lot is not counted”.
Oak Bay Watch in the same Council Report (see full report oakbaywatch.com) explained that the district had not only misinformed Councillor Braithwaite but was also about to make a mistake that would cost taxpayers dearly. They pointed out the Local Government Act States: Under Section 510 (3) the exemption to provide this payment only applies if: “Fewer than 3 additional lots would be created”.
As a consequence of this information, the original decision not to charge was overturned and a Parks Acquisition Payment of 5% of the land value will be required.
Why is this information relevant now?
April 4, 2018 staff Report to Council indicates the District will receive $181,900 for a Parks Acquisition payment for a 4-lot subdivision at 237 King George Terrace. The 2018 March 9, 2017 Approving Officer Report for preliminary approval, obtained by a freedom of information request and provided to Oak Bay Watch, explains a Parks Acquisition Payment for this subdivision was to be determined. However, the author of the report, the Approving Officer, left on very short notice and was replaced.
As indicated above, the new Approving Officer was now responsible for determining the King George Terrace Parks Acquisition Payment. But the new AO was incorrectly interpreting the legislation to exempt developers from providing these payments for four-lot subdivisions. Therefore the new Approving Officer would have exempted the 237 King George Terrace 4-lot subdivision like the Brighton/ Foul Bay Avenue Subdivision had this costly mistake not been pointed out by Oak Bay Watch. $181,900, along with several million dollars in profit, would have been pocketed by the developer leaving taxpayers to pick up all the associated Municipal costs.
This issue was also highlighted and explained clearly by Esther Paterson, a resident, who wrote to Council about this matter on March 9, 2018 (see Council Meeting March 12, 2018 Agenda Item #24). The following is an excerpt from her letter:
“In an attempt to understand concerns expressed by Oak Bay residents, I have followed several development applications through the various Committees, APC and Council meetings. It is only by following the entire process that discrepancies become evident. There were several obvious conflicts, the most troubling to me, is the lack of District policy for the Approving Officer. While the AO’s discretion is separate and independent from elected officials and municipal staff, on matters like contributions to parkland acquisition reserves, it is the responsibility of District Councils to create policy for equitable and trustworthy conduct.
As a result of information contained in an Approving Officer (AO) report (acquired via Freedom Of Information) and a question directed to Council on January 22, 2018, Oak Bay Watch learned that Council has not delegated the authority to staff to consider parkland acquisition, or financial contributions in lieu of parkland. If the AO’s report shows that contribution is ‘to HoHomemebe determined’ the matter must, therefore, be brought to Council, for a decision. Council has failed to reveal their responsibility during discussions. Instead, tens of thousands of dollars are left out of the deliberations; an oversight that developers are unlikely to point out”.
While these circumstances should be alarming to residents, what should even be more alarming is that the Bowker/Cadboro Bay 43-unit Condominium Development was exempted from Parks Acquisition payments and also any development cost charges. If a 4-lot subdivision yields $181,900 to the District for Parks Acquisition what amount would the approximately $30,000,000 Bowker/Cadboro Bay Road Development provide for Parks Acquisition and development cost charges if Council had implemented them?
In short, Council must set policy and necessary guidelines and have confidence that the Approving Officer has the appropriate personal certifications. In this way the roles are defined and the AO can maintain a professional assessment and an arm’s length relationship to Council. Otherwise the purpose of an AO is frustrated and the Council left open to be reached by developers.
Oak Bay Watch has already reported that Council is declining to collect hundreds of thousands of dollars of development charges and statutory payments on account of subdivision and large projects. These development fees are required to deal with the cost of growth and the impact new developments have on our aging infrastructure.
Councillors Murdoch, Braithwaite, and Zhelka have repeatedly requested a Housing Strategy that would incorporate a schedule for these charges to be applied to various housing types. It should not be up to a resident and a community organization to point out that Approving Officer policy should be set by Council and zoning regulations and legislative payments should be applied correctly and appropriately.
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*******Please help us continue to provide you with information about Community concerns and Council decisions and actions. Oak Bay Watch members also help community groups with their specific development concerns. Donate to Oak Bay Watch - even $5 or $10 dollars provides expenses for door- to- door handouts and helps us maintain our website. Oak Bay Watch is committed to ensuring the Community gets the full range of information on budget, governance and all key development issues – a well-informed opinion cannot be made without this.
(Please use Donate Button at bottom of oakbaywatch.com Home Page)
Keep informed please sign up for our newsletter – bottom of Newsletter Menu Item.
Oak Bay Watch’s Council Report for January 22, 2018 explained that the District Approving Officer (AO) will not require the applicant requesting subdivision of a lot at 960 Foul Bay Road and Brighton Avenue to pay a Park Land Acquisition Payment. Councillor Braithwaite who had enquired about this payment was informed definitively by the AO that: “A Park Land Acquisition Payment is only required by legislation if 4 lots are “created”. In this application payment is exempted as there will be only three new lots - the original lot is not counted”.
Oak Bay Watch in the same Council Report (see full report oakbaywatch.com) explained that the district had not only misinformed Councillor Braithwaite but was also about to make a mistake that would cost taxpayers dearly. They pointed out the Local Government Act States: Under Section 510 (3) the exemption to provide this payment only applies if: “Fewer than 3 additional lots would be created”.
As a consequence of this information, the original decision not to charge was overturned and a Parks Acquisition Payment of 5% of the land value will be required.
Why is this information relevant now?
April 4, 2018 staff Report to Council indicates the District will receive $181,900 for a Parks Acquisition payment for a 4-lot subdivision at 237 King George Terrace. The 2018 March 9, 2017 Approving Officer Report for preliminary approval, obtained by a freedom of information request and provided to Oak Bay Watch, explains a Parks Acquisition Payment for this subdivision was to be determined. However, the author of the report, the Approving Officer, left on very short notice and was replaced.
As indicated above, the new Approving Officer was now responsible for determining the King George Terrace Parks Acquisition Payment. But the new AO was incorrectly interpreting the legislation to exempt developers from providing these payments for four-lot subdivisions. Therefore the new Approving Officer would have exempted the 237 King George Terrace 4-lot subdivision like the Brighton/ Foul Bay Avenue Subdivision had this costly mistake not been pointed out by Oak Bay Watch. $181,900, along with several million dollars in profit, would have been pocketed by the developer leaving taxpayers to pick up all the associated Municipal costs.
This issue was also highlighted and explained clearly by Esther Paterson, a resident, who wrote to Council about this matter on March 9, 2018 (see Council Meeting March 12, 2018 Agenda Item #24). The following is an excerpt from her letter:
“In an attempt to understand concerns expressed by Oak Bay residents, I have followed several development applications through the various Committees, APC and Council meetings. It is only by following the entire process that discrepancies become evident. There were several obvious conflicts, the most troubling to me, is the lack of District policy for the Approving Officer. While the AO’s discretion is separate and independent from elected officials and municipal staff, on matters like contributions to parkland acquisition reserves, it is the responsibility of District Councils to create policy for equitable and trustworthy conduct.
As a result of information contained in an Approving Officer (AO) report (acquired via Freedom Of Information) and a question directed to Council on January 22, 2018, Oak Bay Watch learned that Council has not delegated the authority to staff to consider parkland acquisition, or financial contributions in lieu of parkland. If the AO’s report shows that contribution is ‘to HoHomemebe determined’ the matter must, therefore, be brought to Council, for a decision. Council has failed to reveal their responsibility during discussions. Instead, tens of thousands of dollars are left out of the deliberations; an oversight that developers are unlikely to point out”.
While these circumstances should be alarming to residents, what should even be more alarming is that the Bowker/Cadboro Bay 43-unit Condominium Development was exempted from Parks Acquisition payments and also any development cost charges. If a 4-lot subdivision yields $181,900 to the District for Parks Acquisition what amount would the approximately $30,000,000 Bowker/Cadboro Bay Road Development provide for Parks Acquisition and development cost charges if Council had implemented them?
In short, Council must set policy and necessary guidelines and have confidence that the Approving Officer has the appropriate personal certifications. In this way the roles are defined and the AO can maintain a professional assessment and an arm’s length relationship to Council. Otherwise the purpose of an AO is frustrated and the Council left open to be reached by developers.
Oak Bay Watch has already reported that Council is declining to collect hundreds of thousands of dollars of development charges and statutory payments on account of subdivision and large projects. These development fees are required to deal with the cost of growth and the impact new developments have on our aging infrastructure.
Councillors Murdoch, Braithwaite, and Zhelka have repeatedly requested a Housing Strategy that would incorporate a schedule for these charges to be applied to various housing types. It should not be up to a resident and a community organization to point out that Approving Officer policy should be set by Council and zoning regulations and legislative payments should be applied correctly and appropriately.
---------------------------------------------------------------------
*******Please help us continue to provide you with information about Community concerns and Council decisions and actions. Oak Bay Watch members also help community groups with their specific development concerns. Donate to Oak Bay Watch - even $5 or $10 dollars provides expenses for door- to- door handouts and helps us maintain our website. Oak Bay Watch is committed to ensuring the Community gets the full range of information on budget, governance and all key development issues – a well-informed opinion cannot be made without this.
(Please use Donate Button at bottom of oakbaywatch.com Home Page)
Keep informed please sign up for our newsletter – bottom of Newsletter Menu Item.