MINUTES of a
regular meeting of the MUNICIPAL COUNCIL of The Corporation of the District of
Oak Bay, held in the Council Chambers, Oak Bay Municipal Hall,
|
PRESENT: |
Mayor
C. M. Causton Councillor
A. R. Cassidy Councillor
J. D. Herbert Councillor
N. B. Jensen Councillor
C. Macey-Brown |
|
STAFF: |
Municipal
Administrator, W. E. Cochrane Municipal
Clerk, L. Hilton Executive
Secretary, D. Beesley Director
of Building and Planning, N. Beattie Municipal
Engineer, S. G. Pitt Municipal
Treasurer, P. A. Walker |
Mayor Causton called the meeting to order at 7:36
p.m.
MINUTES
OF MEETING:
Council – October 24,
2005
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the minutes
of the meeting of Municipal Council held on Monday, October 24, 2005, be
adopted.
CARRIED
Committee of the Whole – November 7, 2005
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the minutes
of the meeting of Committee of the Whole, and the recommendations contained
therein, held on Monday, November 7, 2005, be adopted.
Attention was drawn to the Sequoia tree located
at 1318 Transit Road, and its potential heritage significance, and the
Municipal Administrator indicated that the proposed covenant would protect any
mature trees on the property.
The question was then called.
CARRIED
COMMUNICATIONS:
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1. |
2005-293 2005-293-1 |
ANN AND IAN MACMILLAN, October 7, 2005 MUNICIPAL CLERK, November 9, 2005 Re Proposed Purchase of Part of Maquinna
Street Right of Way |
The Director of Building
and Planning noted that the owners of 24 Maquinna have reduced the area they
wish to purchase of the Maquinna Street right of way adjacent to their
property. The new proposal, said Mr.
Beattie, does not include the land where the hydro poles stand. Mr. Beattie also confirmed that the dwelling
at 24 Maquinna was currently non-conforming on the lot with respect to its
floor area ratio.
Responding to questions
from Council, Mr. Cochrane noted that public notice via a newspaper advertisement
is the only statutory requirement for notice regarding the potential sale of
public land. However, he said, it would
be possible to informally notify residents individually
via a mailed notice if Council wished.
Council directed staff to notify the neighbours and report back to it with
any feedback it received prior to moving forward with the process.
There was discussion
regarding the restrictive covenant that the District would place on the
property concurrent with the sale, that would restrict building on the new area
of land as well as restrict the floor area ratio to that permitted for the lot
size prior to the increase from the land proposed to be purchased. Varying views and opinions were noted.
The Municipal
Administrator explained that the policy decision before Council is whether or
not it feels that it would be in the best interests of the District to sell
this portion of the municipal right-of-way after considering all of the information
on this issue. Should Council wish to
proceed, said Mr. Cochrane, an appraisal would be sought for the land in
question.
There was consensus to
move forward with obtaining an appraisal on the revised area of land proposed
to be purchased.
|
2. |
2005-294 |
OAK BAY BUSINESS IMPROVEMENT ASSOCIATION, November
9, 2005 Re Request for Approval of Plans for Oak Bay
Christmas Festival |
Geoff Beatty, President,
Oak Bay Business Improvement Association, noted that there was an error in his original
letter, and the ‘Snow in Oak Bay’ would occur on Friday, December 16th.
MOVED by Councillor
Herbert
Seconded by Councillor
Macey-Brown, That the Oak Bay Business Improvement Association’s Oak Bay
Christmas Festival activities as detailed in item no. 2005-294 be approved
subject to ·the Oak Bay Business Improvement Association indemnifying the
Municipality from any liability arising from the staging of the Christmas
Festival activities and providing evidence of adequate liability insurance to
cover this indemnification, and that approval be given for the payment of any
staff overtime costs for the Christmas light up event in connection to the
plans for the Oak Bay Christmas Festival.
CARRIED
|
3. |
2005-295 |
MUNICIPAL CLERK, October 25, 2005 Re Bylaw Enforcement—Recommendation to File
Contravention Notice Against Title—2490 Dryfe Street |
The Director of Building
and Planning reviewed the bylaw enforcement process that has taken place,
stating that Ms. Robinson took out a building permit to close in her existing
garage. The Zoning Bylaw, said Mr. Beattie, requires two covered parking spaces
per dwelling on a property and during the course of the renovations to Mrs.
Robinson’s house, said Mr. Beattie, a separate carport was not constructed as
required. Ms. Robinson has been
contacted on various occasions regarding the outstanding requirement, said Mr.
Beattie.
Responding to a question
from Council, the Municipal Clerk confirmed that the owner of
MOVED by Councillor
Macey-Brown,
Seconded by Councillor
Herbert, That the Municipal Clerk be authorized to file a Bylaw Contravention
Notice in the Victoria Land Title Office Stating that a resolution has been
adopted pursuant to Section 57 of the Community Charter by Oak Bay Municipal
Council, relating to land legally described as Lot 41, Section 28, Victoria
District, Plan 8600, and that further information respecting the resolution may
be inspected at the Office of the Municipal Clerk at 2167 Oak Bay Avenue,
Victoria, BC V8R 1G2, from 8:30 a.m. to
4:30 p.m., Monday to Friday, excluding holidays.
Responding to a question
from a member of Council, the Director of Building and Planning stated that the
occupancy permit has not been issued, and would not be until the second covered
parking space is constructed on the property.
The question was then
called.
CARRIED
|
4. |
2005-296 |
MUNICIPAL CLERK,
November 7, 2005 Re Bylaw
Enforcement—Recommendation to File Contravention Notice Against Title—2653 Dalhousie
Street |
Councillor Herbert declared a conflict of
interest with respect to this Item in as much as he lives behind the property
at 2563 Dalhousie Street. Councillor Cassidy also declared a conflict of
interest in that he has a social relationship with a person who lives at 2653
Dalhousie Street. There was no longer a
quorum to consider this Item, therefore there was consensus to remove it from
the Agenda.
|
5. |
2005-297 |
KEN GRANT, October 21, 2005 Re Request for Heritage Designation—1538 Beach
Drive |
MOVED by Councillor Macey-Brown
Seconded by Councillor Herbert,
That Item No. 2005-297 be deferred for consideration by the municipal Council
of 2006, enabling the request for heritage designation to be referred, if
required, to the newly formed Heritage Advisory Panel subject to the adoption
of Bylaw No. 4298, Heritage Committee
Structure Bylaw, 2005.
CARRIED
|
6. |
2005-298 |
GREATER VICTORIA PUBLIC LIBRARY, October 31,
2005 GREATER VICTORIA PUBLIC LIBRARY, October 31,
2005 Re 2006 Provisional Budget and Strategic Plan |
The Municipal
Administrator stated that the Treasurer has included the Library’s provisional
budget in the District’s 2006 budget, and that typical practice of Council at
this time would be to receive the budget and for information only.
Concerns were raised by some
members of Council regarding a number of items with respect to the Library’s 2006 Provisional Budget and Strategic Plan, namely:
§
The
budget approval process;
§
The
large increase to the budget for new materials, given that the Victoria Library
is rated fifth out of 37 for holdings of books per capita;
§
If
the budget for the newly created Tillicum Library branch, which was initially
approved for in 2005, was sustained the increase would have to be offset by
increasing property taxes in the District of Oak Bay;
§
The
Strategic Plan does not contain
information regarding how it is to be carried out financially; and
§
A
5.2% budget increase, such as is proposed for the Library, would be untenable
for the District’s own budget.
Responding to Council’s
concerns, Councillor Jensen, Oak Bay’s representative on the Greater Victoria
Public Library Board, noted that he has made the Board aware of some of these
concerns, particularly with respect to the budget approval process.
Councillor Jensen commented
on the Library’s Strategic Plan, stating
that it was not the Board’s intention for it to contain financial background
information, rather the Plan is more
of a mandate or a set of objectives for reference purposes. Councillor Jensen also noted that an increase
in users for a new branch such as Tillicum would not equal an increase in
revenue that, in turn, would bring the Library budget down.
There was further
discussion regarding the budget and it was felt that representatives of the
Greater Victoria Public Library should be invited to a meeting to address Council’s
concerns.
MOVED by Mayor Causton
Seconded by Councillor
Macey-Brown, That consideration of the Greater Victoria Public Library’s 2006 Provisional Budget and Strategic Plan be deferred and that
representatives of the Greater Victoria Library Board be invited to attend a
meeting of Council to address its concerns.
CARRIED
|
7. |
2005-299 |
ROGER COLWILL,
November 6, 2005 Re Request for Grant
of $100 for Restorative Justice Oak Bay’s Annual General Meeting |
MOVED by Councillor
Macey-Brown
Seconded by Councillor
Cassidy, That Council approve a grant in the amount of $100 for
CARRIED
|
8. |
2005-300 |
CHIEF ELECTION OFFICER, October 24, 2005 Re Report of Election by Acclamation |
MOVED by Councillor
Cassidy
Seconded by Councillor
Herbert, That this Item be received.
CARRIED
|
9. |
2005-301 |
MUNICIPAL TREASURER, November 9, 2005 Re Grant Requests for Centennial Committee
Projects |
MOVED by Councillor
Macey-Brown
Seconded by Councillor
Herbert, That Council approve the payment of a grant to Oak Bay Rental
Investments Ltd toward the cost of refurbishing the Oak Bay Theatre sign in the
amount of 50% of the cost or $2,500, whichever is less, and further that approval
be given for a grant to the Kiwanis Club of Oak Bay in the amount of $250.
CARRIED
|
10. |
2005-302 |
MUNICIPAL TREASURER, November 10, 2005 Re Community Tourism Program Application |
Responding to a question
from Council, the Municipal Treasurer noted that Centennial celebration costs
incurred by the District after April, 2005 would be eligible for a grant under
the Community Tourism Program.
There was consensus that
the application be amended to reflect that any Centennial expenses not covered
by either sponsors or the Community Tourism Program funds will be funded by
taxes.
MOVED by Councillor
Herbert
Seconded by Councillor
Macey-Brown, That Council approve the application for funding of the Centennial
Celebrations through the Community Tourism Program, in the amount of $58,162,
and accept the terms and conditions of the program as set out in section 6.4 of
the Program and Access Guide and that the Centennial Celebrations budget, as
attached to the Community Tourism Program Application, be approved.
CARRIED
|
11. |
2005-303 |
MUNICIPAL TREASURER, November 10, 2005 Re Funding of Adult Crossing Guards |
Mayor Causton noted that
there is a not-for-profit society that may take over the administration of the
Adult Crossing Guard program for the future.
It was the view of Council that until the matter of administration of
the program has been settled, payment for crossing guards should be limited to
the remainder of 2005 at this point.
MOVED by Councillor
Jensen
Seconded by Councillor
Herbert, That Council approve a grant of $1,440 to the Victoria Confederation
of Parent Advisory Councils for the Adult Crossing Guard program for the months
of November and December, 2005.
CARRIED
|
12. |
2005-304 |
MUNICIPAL ADMINISTRATOR, October 31, 2005 Re Community Works Funding Agreements (Gas Tax
Transfer) |
The Municipal
Administrator reviewed the Funding Agreement issued by the Federal government,
the Union of B.C. Municipalities, and the Province of British Columbia issued
to the District of Oak Bay under the Tier 2 classification (specific listed
regional districts with relatively high population densities in B.C.), noting
that there were certain spending and financial reporting requirements set out
in the Agreement.
Mr. Cochrane recommended
that the entire amount of Oak Bay’s allocation be set aside for sewer
infrastructure work required to comply with the CRD Liquid Waste Management
Plan and the Province’s principal sewage regulation. He noted that the required work included the
separation of the combined sewage system in the Uplands, along with the
reduction of influx and infiltration in the rest of the Municipality.
Mr. Cochrane noted that
expenditures funded by the gas tax monies could not include municipal employee
salaries unless it was not economically feasible to tender the work. He said that this would be a substantial
departure for the Oak Bay Engineering Department, which up to this time has not
been involved in contract tendering and management to a significant degree.
MOVED by Councillor
Herbert
Seconded by Councillor
Jensen, That the Mayor and Municipal Clerk be authorized to sign and do all
things necessary to execute the Community Works Fund Agreement, regarding
transfer of federal gas tax revenues under the “New Deal for Cities and
Communities”, as attached to the circular from the Union of British Columbia
Municipalities dated October 25, 2005.
CARRIED
|
13. |
2005-305 |
MUNICIPAL ADMINISTRATOR, November 7, 2005 Re New Organized Crime Enforcement Unit |
MOVED by Councillor
Herbert
Seconded by Councillor Cassidy,
That the Mayor and Municipal Clerk be authorized to sign and do all things
necessary to execute the “CFSEU – BC Municipal Indemnity Agreement”, as
attached to Item No. 2005-305.
REPORT FROM CAPITAL REGIONAL DISTRCT DIRECTOR:
Mayor Causton advised
that the Capital Regional District Board meeting schedule has been amended for December,
2005; the only meeting will be held on December 7th.
NEW BUSINESS / REPORTS FROM OTHER COMMITTEES:
Fireworks
Regulations
Members of Council
raised the issue of the use of fireworks in the District of Oak Bay and requested
input from staff regarding possibly strengthening the Fireworks and Firecracker Regulation Bylaw, 1999.
MOTIONS/RESOLUTIONS:
December
Meeting Schedule
MOVED by Councillor
Herbert
Seconded by Councillor
Jensen, That the regular meeting schedule of Council and Committee of the Whole
be suspended for the month of December, 2005 and the following substituted:
Council (Inaugural Meeting)….. December 5, 2005 at 7:30 p.m.
Council...…………………….. December 12, 2005 at 7:30 p.m.
CARRIED
Development Variance
Permit—1022 St. Patrick Street
Councillor Jensen
declared a conflict of interest with regards to this resolution in that he received
assistance for his municipal election campaign from the owner of 1022 St.
Patrick Street. Councillor Jensen left
the meeting at 9:07 p.m.
MOVED by Councillor Herbert
Seconded by
Councillor Macey-Brown, That That the Director of Building and Planning
be authorized to issue a Development Variance Permit in respect to Lot 19, Block
Z, Section 23, Victoria District, Plan 982 (1022 St. Patrick Street) that will
vary the following sections of the Zoning
Bylaw, 1986, as amended, to
permit renovations to the single family dwelling in accordance with the plans
considered by Committee of the Whole on November 7, 2005:
|
Bylaw Section |
Required |
Requested |
Variance |
|
6.5.4.(7)
Distance Between Buildings |
3.0 metres |
0 metres |
3.0 metres |
|
6.5.4.(2).(a)
Front Lot Line Setback |
7.62 metres |
7.21 metres |
0.41 metres |
|
6.5.4.(11)
Second Storey Interior Side Lot Line Setback |
3.0 metres |
1.86 metres |
1.14 metres |
MOVED by Councillor
Herbert
Seconded by Councillor
Cassidy, That That the resolution in respect to the Development Variance Permit
for 1022 St. Patrick Street be tabled to enable notice to be given in
accordance with the Local Government Act.
CARRIED
Councillor Jensen returned to the meeting at
9:10 p.m.
BYLAWS:
For
Third Reading and Final Adoption
MOVED by Councillor Cassidy
Seconded by Councillor
Herbert, That Bylaw No. 4293, Sixty-Sixth
Zoning Bylaw Amendment Bylaw, 2005 be read a third time.
Responding to a question
from Council, the Municipal Administrator said he was not sure whether the
Federal government would claim exclusive jurisdiction over the regulation of
large dish-style television antennae. He
noted, however, that the amendments did not change the current regulations with
respect to this category of structure, which would continue to be applied on
their face unless there was a definitive ruling to the contrary on the
jurisdictional issue.
The question was then
called.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor
Herbert, That Bylaw No. 4293, Sixty-Sixth
Zoning Bylaw Amendment Bylaw, 2005 be adopted.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor
Herbert, That Bylaw No. 4294, Streets and
Traffic Bylaw Amendment Bylaw No. 2,
2005 be read a third time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor
Cassidy, That Bylaw No. 4295, Sixty-Seventh
Zoning Bylaw Amendment Bylaw, 2005 be read a third time.
Responding to a
question, the Municipal Administrator stated that there was no “sunset clause”
in this Bylaw, and it would be necessary to follow the regular process for
repealing a bylaw if Council chose to change the regulations in the future.
The question was then
called.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor
Cassidy, That Bylaw No. 4295, Sixty-Seventh
Zoning Bylaw Amendment Bylaw, 2005 be adopted.
CARRIED
For
First, Second and Third Readings
No readings were given to Bylaw No. 4296, Greater Victoria Public Library Operating
Agreement Authorization Bylaw, 2005.
MOVED by Councillor Macey-Brown
Seconded by Councillor
Herbert, That Bylaw No. 4297, Mayor and
Councillors Annual Indemnity Bylaw, 2006 be read a first time.
CARRIED
MOVED by Councillor Macey-Brown
Seconded by Councillor
Herbert, That Bylaw No. 4297, Mayor and
Councillors Annual Indemnity Bylaw, 2006 be read a second time.
CARRIED
MOVED by Councillor Macey-Brown
Seconded by Councillor
Herbert, That Bylaw No. 4297, Mayor and
Councillors Annual Indemnity Bylaw, 2006 be read a third time.
CARRIED
MOVED by Councillor Macey-Brown
Seconded by Councillor
Cassidy, That Bylaw No. 4298, Heritage
Committee Structure Bylaw, 2005 be read a first time.
CARRIED
MOVED by Councillor Macey-Brown
Seconded by Councillor
Cassidy, That Bylaw No. 4298, Heritage
Committee Structure Bylaw, 2005 be read a second time.
CARRIED
MOVED by Councillor Macey-Brown
Seconded by Councillor
Cassidy, That Bylaw No. 4298, Heritage
Committee Structure Bylaw, 2005 be read a third time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor
Cassidy, That Bylaw No. 4299, Oak Bay
Lawn Bowling Club Licence Authorization Bylaw, 2006 be read a first time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor
Cassidy, That Bylaw No. 4299, Oak Bay
Lawn Bowling Club Licence Authorization Bylaw, 2006 be read a second time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor
Cassidy, That Bylaw No. 4299, Oak Bay
Lawn Bowling Club Licence Authorization Bylaw, 2006 be read a third time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the open
portion of the meeting of Council be adjourned and that a closed session be
convened to discuss personal information about an identifiable individual who
holds or is being considered for a position as an officer, employee or agent of
the Municipality or another position appointed by the Municipality.
The meeting
adjourned at 9:15 p.m.
Certified Correct
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Municipal Clerk |
|
Mayor |