TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: May 6, 2024 Report No. ADM-24-019
TO: Council
FROM: Sarah Holloway, Deputy Corporate Officer
SUBJECT: Public Notice Bylaw and Amended Council Procedure Bylaw
RECOMMENDATION:
Recommendation
That Council:
1. Endorse utilizing the Township’s email subscription notice and official municipal website as reliable, suitable, and accessible means of alternate public notification methods;
2. Give three readings to Council Procedure Bylaw, 2022, No. 3081, Amendment Bylaw, 2024, No. 3135; and
3. Give three readings to Public Notice Bylaw, 2024, No. 3136;
as per Staff Report No. ADMIN-24-019.
Body
EXECUTIVE SUMMARY:
The purpose of the report is to present to Council the results of the Public Notice Survey and provide for consideration of three readings each of the Public Notice Bylaw, and an amended Council Procedure Bylaw.
BACKGROUND:
At the December 11, 2023 Committee of the Whole meeting, the Committee considered alternative means of statutory public notification to modernize and better align with the various ways the public now receives information.
The staff report recommended that Council discuss and consider whether the alternative notification methods of an email subscription service and posting to the Township’s website were reliable, suitable, and accessible, as required by the Province prior to adoption of a Public Notice Bylaw. It was noted that the change in methodology for providing required notice would not negate the legislated requirement to deliver or mail notices to impacted residents for Development Variance Permits or First Readings for Rezonings and Public Hearings, and all notification method options would still be accountable to the deadlines as outlined in legislation.
The following resolution from the Committee of the Whole meeting was ratified at the December 18, 2023 Council meeting:
“That the Committee of the Whole recommend that Council direct staff to conduct public engagement and prepare a draft Public Notice Bylaw and applicable amendments to the Council Procedure Bylaw to allow for alternative means of public notification as per Staff Report No. ADM-23-039 and add Esquimalt Recreation Centre as a public notice posting place.”
ANALYSIS:
Public engagement on alternative methods of notification was conducted by means of a Public Notice survey which was published to the website on January 29, 2024, with hard copies also available at the Administration counter at the Municipal Hall.
The Public Notice Survey was promoted in the community by placing flyers (Attachment A) on the notice boards at the Municipal Hall and all recreation facilities; by emailing information to the West Bay Residents Association and Esquimalt Chamber of Commerce; by advertising in the Victoria News on February 8, 2024; and by multiple postings on the Township’s social media accounts including Facebook, Instagram, LinkedIn and X (formerly known as Twitter).
Summary of Survey Results: (Attachment B)
Survey participants were asked how they currently receive or find information from the Township of Esquimalt, with a ranking of 1 being most used and 9 being the least used. The email subscription service and website were closely ranked at 2.56 and 2.58 respectively, with the other options ranked lower. 56.9% of respondents were aware of our already established email subscription service and 82.4% were interested in receiving statutory notices by the same subscription service. When specifically asked which method of notification would be preferred, with a ranking of 1 being most preferred and 10 being least preferred, respondents ranked the email subscription service at 1.50 and the website at 2.82 with the other options ranked lower. Demographically most respondents were aged 55 years and older and 98% identified themselves as Esquimalt residents.
The Public Notice Bylaw, 2024, No. 3136 (Attachment E) reflects the recommendation from staff and the subsequent survey results by establishing the alternative means of public notice as posting the notice on the Township’s website and by distributing the notice through the Township’s email subscription service. By approving the bylaw Council also endorses that they have considered the principles for effective public notification to be reliable, accessible, and suitable as set out in the Public Notice Regulation, B.C. Reg. 52/2022.
Council Procedure Amendment Bylaw
The Council Procedure Bylaw, 2022, No. 3081 requires an amendment to revise the definition for “Public Notice Posting Places” to include the Esquimalt Recreation Centre notice board as per Council direction and to remove the Township website from that definition. This separation is required by the new legislation.
Corporate Services staff took this opportunity to make some outstanding housekeeping amendments and additional minor revisions that will foster operational efficiency. The proposed changes can be seen in a red-lined version of the bylaw as Attachment C. Highlights of these changes include introducing greater flexibility into the presentation process, creating official agenda space for the presentation of awards or other honours, and aligning procedural provisions with current Council practice. The draft of Amendment Bylaw No. 3135 is included as Attachment D.
OPTIONS:
Option 1 - Accept the Recommendation
1. That Council endorse utilizing the Township’s email subscription notice and official municipal website as reliable, suitable, and accessible means of alternate public notification methods;
2. That Council give three readings to Council Procedure Bylaw, 2022, No. 3081, Amendment Bylaw, 2024, No. 3135; and
3. That Council give three readings to Public Notice Bylaw, 2024, No. 3136;
as per Staff Report No. ADMIN-24-019.
Option 2 - Amend Bylaw No. 3135 and/or No. 3136
That Council amend Bylaw No. 3135 and/or No. 3136 and give three readings to each as amended, as applicable.
Option 3 - Provide Alternative Direction to Staff
That Council provide alternative direction to staff.
Option 4 - Staff to Provide Additional Information
That Council direct staff to provide additional information.
COUNCIL PRIORITY:
Good Governance and Organizational Excellence
Engaged and Healthy Community
FINANCIAL IMPACT:
As listed in the original staff report ADM-23-039 dated December 11, 2023, there will be small cost savings should staff choose not to use the local newspaper to advertise the statutory notices. This will also depend on staff decisions as to whether they continue to publish ads once, twice, or not at all during the notification period.
In response to the December 11, 2023 Committee of the Whole’s inquiry regarding including additional information in our weekly notice of meetings advertisement in the newspaper, the cost for additional wording directing the public to subscribe to our email subscription service would be dependent on the increase in size of the advertisement and the number of scheduled weekly meetings. The Victoria News informed staff that this could either equate to no cost increase or an increase of up to $20 over what we normally pay per weekly notice. Staff will continue to work with Victoria News to enhance the information published in the weekly notices.
COMMUNICATIONS/ENGAGEMENT:
Prior to adoption of the Council Procedure Bylaw, 2022, No. 3081, Amendment Bylaw, 2024, No. 3135 and Public Notice Bylaw, 2024, No. 3136 public notice will be provided in accordance with the Community Charter. This is not a requirement under current legislation for the Public Notice Bylaw, however doing so will help to promote accountability and transparency. Notification is a requirement for the amendment to the Council Procedure Bylaw. The notice will also be uploaded to the public notice page on the website; published in the Victoria News; advertised on social media channels; and distributed to the subscription notification group for the May 27, 2024 agenda.
TIMELINES & NEXT STEPS:
Should Council approve the recommendation, staff would provide notice as listed in the Communications/Engagement section above and return both Bylaws to Council for final reading on May 27, 2024.
REPORT REVIEWED BY:
1. Ian Irvine, Director of Finance, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
List all items attached to the Staff Report
1. Attachment A - Public Notice Survey Flyer
2. Attachment B - Public Notice Survey Response Report
3. Attachment C - Council Procedure Bylaw, 2022, No. 3081 - with proposed changes in red
4. Attachment D - Council Procedure Bylaw, 2022, No. 3081, Amendment Bylaw, 2024, No. 3135
5. Attachment E - Public Notice Bylaw, 2024, No. 3136