MINUTES of a regular meeting of the MUNICIPAL COUNCIL of The Corporation of the District of Oak Bay, held in the Council Chamb

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, 2167 Oak Bay Avenue, Oak Bay, B.C., on Monday, April 28, 2008 at 7:30 p.m.

PRESENT:

Mayor C. M. Causton, Chairman

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor J. D. Herbert

Councillor N. B. Jensen

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Confidential Secretary, K. Green

Director of Building and Planning, N. Beattie

Municipal Treasurer, P. A. Walker

Mayor Causton called the meeting to order at 7:30 p.m.

MINUTES:

Council – April 14, 2008

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Council meeting held on Monday, April 14, 2008, be adopted.

CARRIED

Committee of the Whole – April 21, 2008

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Monday, April 21, 2008, and the recommendations contained therein, be adopted.

CARRIED

Estimates Committee – March 26, 2008

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Estimates meeting held on Wednesday, March 26, 2008, and the recommendations contained therein, be adopted.

CARRIED

Estimates Committee – April 9, 2008

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Estimates meeting held on Wednesday, April 9, 2008, and the recommendations contained therein, be adopted.

CARRIED

Estimates Committee – April 16, 2008

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Estimates meeting held on Wednesday, April 16, 2008, and the recommendations contained therein, be adopted.

CARRIED

Estimates Committee – April 23, 2008

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Estimates meeting held on Wednesday, April 23, 2008, and the recommendations contained therein, be adopted.

CARRIED

PRESENTATION:

Recognition of Renovation and Building Achievement Awards

Mayor Causton provided an overview of the Recognition of Renovation and Building Achievement Awards Program, saying that when it was established in 2004 Council envisaged the awards would recognize outstanding building and renovation achievements in Oak Bay.

The recipients of the awards were Tana Grant-Mckinnon, 901 Island Road, Paul and Katherine Beardmore, 363 Sunset Avenue, and Robert and Ann Murch, 321 King George Terrace, and the owners or representatives were in attendance to accept the awards, which were local artists’ original renderings of each of the homes.

Mayor Causton thanked all the recipients, the representatives and artists for their participation and thanked Councillor Cassidy, Nigel Banks, Frances Chapman, Tim Taddy, Christopher Watts, and Bruce Wilkin, members of the Panel, for all the work in reviewing the nominated projects and the difficult task of choosing the three recipients.

COMMUNICATIONS:

2008-124

THE BLETHERING PLACE, March 31, 2008

Re Request for Road Closures – Collector Car Festival, August 10, 2008

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That pursuant to Section 37.1 of the Streets and Traffic Bylaw, a licence of occupation in connection with the closure of a portion of Oak Bay Avenue and Hampshire Road as was approved in 2007, for the Blethering Place Oak Bay Collector Car Festival event to be held Sunday August 10, 2008 from 8:00 o’clock a.m. to 5:30 o’clock p.m., be granted subject to the event organizer:

§ indemnifying the Municipality from any liability arising from the event and providing evidence of insurability in this regard;

§ obtaining approval from the Oak Bay Police Department for a traffic management plan for the event; and

§ bearing any extraordinary costs incurred by the Municipality in connection with the event.

Ken Agate, owner of the Blethering Place, was in attendance with respect to his request for road closures in connection with the 2008 Collector Car Festival and asked whether or not it was advisable to have an ambulance on site during such an event.

Responding, the Municipal Administrator said that was something staff would discuss with the Oak Bay Fire Chief, and advise him on.

The question was then called.

CARRIED

2008-125

JOANNE TURNER et al, April 2, 2008

Re Request for Road Closure for Block Party on St. David Street – June 7, 2008

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That permission be given for the closure of St. David Street between the Brighton Avenue and the driveway access to 1447 St. David Street on Saturday, June 7, 2008, from 4:30 o’clock p.m. to 6:00 o’clock p.m., for the purpose of a neighbourhood block party.

CARRIED

2008-126

KRIS DARTNELL, April 20, 2008

Re Request for Road Closure for Block Party on Yale Street – August 24, 2008

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That permission be given for the closure of Yale Street between the north side of Theatre Lane and the north end of Yale Street on Sunday, August 24, 2008, from 4:00 o’clock p.m. to 9:00 o’clock p.m., for the purpose of a neighbourhood block party.

CARRIED

2008-127

OAK BAY HERITAGE STEERING COMMITTEE, March 13, 2008

Re Minutes of the Meeting

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the minutes of the Oak Bay Heritage Steering Committee meeting held on March 13, 2008 be received.

CARRIED

2008-128

MUNICIPAL TREASURER, April 21, 2008

Re Pension Corporation Special Agreements Update

The Municipal Treasurer noted that the changes made to the Pension Corporation special agreements consist of housekeeping items that conform to the Canada Revenue Agency’s requirements to ensure the contribution proceeds are correctly administered, as outlined in her memorandum.

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the Mayor and Municipal Clerk be authorized to sign and do all things necessary to execute the updated Pension Corporation Special Agreements substantially in the form attached to correspondence item no. 2008-128.

CARRIED

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Members of Council - Meeting with Ida Chong, MLA

Mayor Causton noted that Council met recently with the Honourable Ida Chong, Minister of Community Services and Minister Responsible for Seniors' and Women's Issues, to discuss current issues, and in particular the issue of sewage treatment and the directive of the Province that the Capital Regional District expedite the process of implementing sewage treatment, along with the required separation of the Uplands sewer system. The latter, he said, has not permitted time for the District of Oak Bay to explore other options.

TABLED:

Development Variance Permit – 1605 Wilmot Place

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the following motion be lifted from the table:

That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 1605 Wilmot Place (Lot 21, Section 69, Victoria District, Plan 859) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Permitted	Requested	Variance

6.5.4. (6) (a) Gross Floor Area	360 sq m	376 sq m	16 sq m

6.5.4. (6) (a) Gross Floor Area Higher than 0.8m Below Grade	240 sq m	376 sq m	136 sq m

to accommodate an addition to the existing kitchen space at the rear of the dwelling, as shown on the plans attached to Committee of the Whole agenda item #2008-99, being a memorandum from the Director of Building and Planning dated March 26, 2008, subject to the existing deck at the front of the building being reduced in size to ensure overall compliance with the lot coverage maximum of 25%.

CARRIED

The question on the main motion was then called.

CARRIED

Development Variance Permit – 2367 Pacific Avenue

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the following motion be lifted from the table:

That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2367 Pacific Avenue (Lot 2, Sections 2 & 61, Victoria District, Plan 4650) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Permitted	Requested	Variance

6.5.4. (6) (a) Gross Floor Area	360 sq m	390 sq m	30 sq m

6.5.4. (6) (a) Gross Floor Area Higher than 0.8m Below Grade	240 sq m	390 sq m	150 sq m

6.5.4. (3) (b) Maximum Occupiable Height	4.57 m	4.73 m	0.16 m

to accommodate a two storey addition to the rear of the dwelling, as shown on the plans attached to Committee of the Whole agenda item #2008-101, being a memorandum from the Director of Building and Planning dated April 2, 2008.

CARRIED

The question on the main motion was then called.

CARRIED

RESOLUTIONS:

Development Variance Permit – 218 Beach Drive

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 218 Beach Drive (Lot 5, Section 22, Victoria District, Plan 5604) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance

4.15.1 Maximum Area of Paved Surfacing	25% (47.5 sq m)	35% (66.3 sq m)	10% (18.8 sq m)

6.4.4. (2) (a) Minimum Front Lot Line Setback	7.62 m	2.44 m	5.18 m

to accommodate a paved turnaround area in the front yard and the construction of an arbor, as shown on the plans attached to Committee of the Whole agenda item #2008-117, being a memorandum from the Director of Building and Planning dated April 16, 2008.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the motion in respect of the development variance permit for 218 Beach Drive be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

BYLAWS:

For Adoption

Bylaw No. 4404

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4404, Heritage Committee Structure Bylaw Amendment Bylaw, 2008, be adopted.

CARRIED

For First, Second, and Third Reading

Bylaw No. 4405

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4405, Financial Plan Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4405, Financial Plan Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4405, Financial Plan Bylaw, 2008, be read a third time.

CARRIED

Bylaw No. 4406

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Bylaw No. 4406, Capital Works and Equipment Reserve Fund Appropriation Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Bylaw No. 4406, Capital Works and Equipment Reserve Fund Appropriation Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Bylaw No. 4406, Capital Works and Equipment Reserve Fund Appropriation Bylaw, 2008, be read a third time.

CARRIED

Bylaw No. 4407

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4407, Fire Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4407, Fire Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4407, Fire Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw, 2008, be read a third time.

CARRIED

Bylaw No. 4408

MOVED by Councillor Carson

Seconded by Councillor Hebert, That Bylaw No. 4408, Heritage Reserve Fund Appropriation Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Carson

Seconded by Councillor Herbert, That Bylaw No. 4408, Heritage Reserve Fund Appropriation Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Carson

Seconded by Councillor Herbert, That Bylaw No. 4408, Heritage Reserve Fund Appropriation Bylaw, 2008, be read a third time.

CARRIED

Bylaw No. 4409

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4409, Land Sale Reserve Fund Appropriation Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4409, Land Sale Reserve Fund Appropriation Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4409, Land Sale Reserve Fund Appropriation Bylaw, 2008, be read a third time.

CARRIED

Bylaw No. 4410

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4410, Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4410, Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4410, Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw, 2008, be read a third time.

CARRIED

Bylaw No. 4411

MOVED by Councillor Carson

Seconded by Councillor Jensen, That Bylaw No. 4411, Refuse Collection and Disposal Bylaw Amendment Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Carson

Seconded by Councillor Jensen, That Bylaw No. 4411, Refuse Collection and Disposal Bylaw Amendment Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Carson

Seconded by Councillor Jensen, That Bylaw No. 4411, Refuse Collection and Disposal Bylaw Amendment Bylaw, 2008, be read a third time.

CARRIED

Bylaw No. 4412

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4412, Tax Rates Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4412, Tax Rates Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4412, Tax Rates Bylaw, 2008, be read a third time.

CARRIED

Bylaw No. 4413

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4413, Parking Facilities Bylaw Amendment Bylaw No. 1, 2008, be introduced and read a first time.

CARRIED

(Councillor Herbert against the motion)

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4413, Parking Facilities Bylaw Amendment Bylaw No. 1, 2008, be read a second time.

CARRIED

(Councillor Herbert against the motion)

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4413, Parking Facilities Bylaw Amendment Bylaw No. 1, 2008, be read a third time.

CARRIED

(Councillor Herbert against the motion)