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.

Just Posted

Witness the passion and fire of flamenco in Victoria this July

Seventh annual Victoria Flamenco Festival features free and ticketed performances downtown

Police incident closes Millstream northbound off-ramp

Traffic affected on Highway 1 was affected

West Shore resident, local officer encourages women to take control of their safety

Kris Greffard is posting short videos with safety tips for women using local trails and parks

Point Ellice House exhibit offers new lens into colonial history

The new ‘Politics of luxury’ display studies the wealthy O’Reilly family from several angles

Police and Indigenous communities pull together in 10-day canoe journey

Victoria Police Department, Ministry of Children and Family Development took part in Pulling Together Canoe Journey

Rich the Vegan scoots across Canada for the animals

Rich Adams is riding his push scooter across Canada to bring awareness to the dog meat trade in Asia

RCMP investigate two shootings in the Lower Mainland

Incidents happened in Surrey, with a victim being treated at Langley Memorial Hospital

CRA program to help poor file taxes yields noticeable bump in people helped

Extra money allows volunteer-driven clinics to operate year-round

Recall: Certain Pacific oysters may pose threat of paralytic shellfish poisoning

Consumers urged to either return affected packages or throw them out

How a Kamloops-born man helped put us on the moon

Jim Chamberlin did troubleshooting for the Apollo program, which led to its success

Sexual harassment complaints soaring amid ‘frat boy culture’ in Canada’s airline industry

‘It’s a #MeToo dumpster fire…and it’s exhausting for survivors’

How much do you know about the moon?

To mark the 50th anniversary of the first lunar landing, see how well you know space

POLL: Do you carry reusable shopping bags?

While a court ruling determined the City of Victoria’s plastic bag ban… Continue reading

Greater Victoria wanted list for the week of July 16

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Most Read