It was only halfway through a debate about changes to CACs and a Willoughby neighbourhood plan that the possibility of legal action was mentioned during a 91原创 Township council meeting on Monday, Oct. 7.

Mayor Eric Woodward had asked council to vote to reconsider a motion passed earlier this year, regarding Community Amenity Contributions (CACs). These are funds from developers that go towards local amenities like sports fields, rec centres, or libraries.

Woodward also proposed an amendment to the policy being reconsidered: "That all target contribution rates specific to the Williams Neighbourhood Plan be removed."

In addition, the mayor asked council to approve more consultation with the public and property owners about potential CACs in the Williams area, as well as holding off on the final adoption of the Williams Neighbourhood Plan until after an updated CAC policy for the area could be considered by council.

Several councillors had questions about why they were revising CAC rules and holding off on the plan for the Williams area, which lies in the northeast corner of Willoughby, near 216 Street and Highway One.

鈥淚 don鈥檛 know why we鈥檙e doing this," said Councillor Kim Richter. "Did we get a legal opinion saying we should be doing this?鈥�

Woodward replied that Chan Kooner, the Township's director of community planning and policy, could update her in a closed meeting. Certain legal matters, including staff contract negotiations, property transactions, and litigation, are dealt with in closed meetings to preserve confidentiality.

Richter continued pushing and asked again if there was a written legal opinion.

"You'll be updated in closed, Coun. Richter," Woodward said.

"That's such a cop out," Richter replied.

"There's pending litigation, Coun. Richter, so I think we're here to protect the corporation," Woodward said.

The Township was recently taken to court by Lorval Developments and G&T Martini Holdings over the Township's CAC policy in Williams. G&T Martini has been working towards building a massive film studio in the neighbourhood and owns a significant portion of the area close to the highway interchange.

The legal action, launched on Sept. 4, asked a judge to find that the Township's entire CAC policy is void and has no effect. The company's court filing claimed that they were facing CAC fees of up to $39 million. The Township has since filed its own legal response arguing that the policy cannot be overturned.

The closest anyone came to referencing the Lorval Developments court petition during the debate was when Coun. Barb Martens noted that she only found out there was a lawsuit from reading about it in the 91原创 Advance Times.

She also wanted to see a legal opinion.

"How could I possibly make an informed decision here without having all the information in front of me?" Martens said.

Coun. Margaret Kunst also wanted to see any legal opinions before voting on the CAC and Williams amendments.

鈥淚f we鈥檙e going to go into closed and get some legal advice, why would we vote for this now?" Kunst said.

Woodward suggested that there had been plenty of time for council members to ask about that before the meeting.

"This was on the agenda for days, and councillors had the option to reach out, and perhaps they did and perhaps they didn鈥檛," he said.

Coun. Steve Ferguson, the longest-serving member of council, warned others to be careful around legal matters.

鈥淚f we say something at this table that could jeopardize significantly a legal case or could be entered as evidence against us, that is very difficult for the public to defend," he said.

Richter put forward a motion that the amendment and associated motions be deferred until all the councillors had had access to any relevant legal opinions, but that was defeated six to three, with only Kunst, Richter, and Martens in favour.

Woodward's amendment and motions were then passed six to three, with Kunst, Richter, and Martens opposed.

Asked about the legal action following the  meeting, Woodward said he expected the court action to continue.

"The potential negative implications for property taxpayers, seniors, and everyday residents could be quite significant for all municipalities within the province of British Columbia, not just the Township of 91原创. For taxpayers, it must be vigorously defended," Woodward said. "We do have a small subset of developers here, such as Lorval and Martini Film Studios, that seem to feel that the Township of 91原创 exists to serve their financial interests, not the interests of the wider public as a whole that deserve a liveable, affordable community."

He said that delays in the Williams Neighbourhood Plan process have been because of issues over detention ponds, and other litigation that has gone on in the area. G&T Martini and Desert Properties have been involved in a protracted legal dispute that went to arbitration earlier this year.

Regardless of litigation, there is time for additional consultation, Woodward said.

"Commentary by some members of council when this was considered was deeply regrettable, misleading, highly irregular, and extremely unprofessional," Woodward said. 

Lorval Developments president and CEO Thomas Martini provided a statement to the 91原创 Advance Times.

鈥淭he proceedings we have undertaken still have a number of live issues before the court, and so my ability to comment is very limited," Martini said. "Despite the Township of 91原创鈥檚 continued and numerous revisions to the Williams Neighbourhood Plan and related policies, the matter is not complicated and requires the Township to act lawfully and appropriately in the land use decision making process. We continue to pursue economic opportunities that are fair and balanced to all parties.鈥�