Cynthia and Tim Day with their dog in front of the contentious boulevard. (Shalu Mehta/News staff)

Colwood mayor responds to councillor’s objections and arrest

Removal of rock wall on public boulevard near completion

The mayor of Colwood is looking to move on from a dispute between the City and Coun. Cynthia Day who was arrested Wednesday after refusing to allow the City to remove rock walls on the boulevard in front of her house.

“The work that was undertaken [Wednesday] was directed by two consecutive councils,” said Colwood Mayor Rob Martin. “It was originally approved by the previous council, and was reaffirmed by the current council on Nov. 26. My goal now is to put this issue behind us and move forward as a strong and united council.”

City crews showed up at the councillor’s home on Charnley Place Wednesday morning to remove rock walls built by Day’s husband Tim on the boulevard more than 20 years ago. The City claims, after conducting an engineer’s report, that the walls are a safety and liability issue, however, the homeowners dispute that claim.

“Colwood council and staff have spent many hours over the last year and a half working with the Days in an effort to come to a mutually agreeable solution, including offering an agreement that would have avoided [Wednesday’s] outcome,” said Sandra Russell, Colwood’s communication manager.

RELATED: Colwood Coun. Cynthia Day arrested over ongoing dispute with city

The Days constructed the rock walls and planted trees on the public boulevard in front of their home in 1995.

In 2003 at the Days’ request, the City provided a Highways Use Permit, which documented the unpermitted works, and allowed the homeowners to make some upgrades.

In 2017, the City was advised that one of the trees the Days had planted in the public right-of-way fell onto a neighbouring home. The area was assessed and several trees were removed from the City property.

The Days were provided with an encroachment agreement by the City that would allow all the remaining plantings and structures to stay in place, with the homeowners assuming all responsibility. The Days were given two opportunities to sign and return the encroachment agreement (Jan. 31 and Apr. 12), according to the City.

The Days did not want to sign the encroachment agreement for a few reasons, one being the cost of associated insurance. The second involves who would be responsible for oversight. With the Highways Use Permit, the property would be maintained by homeowners with oversight by a municipal engineer. With an encroachment agreement, the oversight would be done by any staff member which the Days felt was inappropriate.

RELATED: City of Colwood welcomes new mayor and council

The homeowners refused to sign the encroachment agreement, therefore the City was “required to address the safety issue by removing the structures from public property.”

The majority of that work was completed Wednesday after Day was arrested for mischief.

She was released without charges, based on her giving her word that she wouldn’t obstruct work by the City any further.

“I’m certainly going to try to do something about what they’ve done. Unfortunately, my only recourse is through civil court. It costs a lot of money to take the City to court. That is certainly a consideration,” said Day.


 

keri.coles@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Police closed McNeill Avenue after a workplace death Oct. 20, 2020. (Nina Grossman/News Staff)
Tree-pruning community gathers in Oak Bay after tragic death

Crews met in solidarity at site of Tuesday incident

A bear similar to this black bear was spotted on Elk Lake Drive again on Oct. 21 and is believed responsible for killing a llama in Saanich on Oct. 19. (Black Press Media file photo)
Search continues for bear wandering through Saanich

Bear spotted eating garbage near Elk Lake Wednesday, B.C. Conservation says

Some 30 people including a dozen youth participated in North Saanich’s first ever Fridays for Future protest outside of municipal hall on Mills Road Friday, according to organizers. (Anne-Marie Daniel/Submitted)
Fridays for Future plans second event for North Saanich after inaugural protest

Some 30 people attended first protest on Oct. 9 with a second one scheduled for Oct. 23

A Saanich police officer in an unmarked vehicle stopped a driver going 70 km/h over the speed limit in front of the police department. (Saanich Police Traffic Safety Unit/Twitter)
Driver caught going 70 km/h over the speed limit in front of the Saanich Police Department

Officer in unmarked car issues $483 ticket, week-long vehicle impound

Provincial health officer Dr. Bonnie Henry presents modelling of COVID-19 spread in B.C., March 25, 2020. (B.C. government photo)
B.C. sets another COVID-19 record with 203 new cases

up to 1,766 active cases in B.C., two more deaths

Advance polls are open from Oct. 15 to 21 with election day on Oct. 24. (Black Press Media file photo)
RCMP. (Phil McLachlan - Black Press Media)
British Columbia man dies during ski trip near glacier west of Calgary

Kananaskis Public Safety and Alpine Helicopters responded around 2:30 p.m.

Prime Minister Justin Trudeau arrives on Parliament Hill in Ottawa on Monday, Oct. 19, 2020, following a week-long break for the House of Commons. THE CANADIAN PRESS/Sean Kilpatrick
One crisis after another for Trudeau since last federal election one year ago

It has been a year of unprecedented calamity and crisis

Members of the Sipekne’katik First Nation load lobster traps on the wharf in Saulnierville, N.S., after launching its own self-regulated fishery on Thursday, Sept. 17, 2020. THE CANADIAN PRESS/Andrew Vaughan
Vancouver Island First Nations back Nova Scotia’s Indigenous lobster fishermen

Nuu-chah-nulth Tribal Council calls for action before lives are lost

Skiers line up to start the Royal LePage Comox Valley Snow to Surf Adventure Relay Race. Photo by Tim Penney
Popular Comox Valley adventure race cancelled for 2021

COVID forces Comox Valley Royal LePage Snow to Surf Adventure Relay Race cancellation again

Rio Tinto Alcan’s aluminum smelter at Kitimat competes against producers in the Middle East and Russia that have no carbon tax. (Rio Tinto)
B.C. carbon tax highest in Canada, export industries unprotected

B.C. NDP, B.C. Liberals say they’re looking at exemptions

(Pixabay)
Vancouver teacher suspended after swearing, touching students and complimenting underwear

McCabe touched students, including rubbing their backs and necks, touching their hair and hugging them

Most Read