MINUTES of a 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, December 11, 2006 following a Public Hearing at 7:30 p.m.

PRESENT:	Mayor C. M. Causton, Chairman Councillor H. Braithwaite Councillor S. F. B. Carson Councillor A. R. Cassidy Councillor P. Copley Councillor J. D. Hebert 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 Director of Engineering Services, D. Marshall

Mayor Causton called the meeting to order at 7:53 p.m. 

There was consensus to amend the order of the agenda.

For Third Reading and Adoption (Subject to Outcome of Public Hearing)

Bylaw No. 4335

A member of Council suggested that in light of the additional correspondence and the comments received from the public, it would be desirable to refer the Bylaw to the Heritage Advisory Panel for discussion on the concerns raised and to seek feedback from the Panel in this regard.

In response to a question, the Municipal Administrator advised that it would be necessary to hold a second Public Hearing should Council receive any further input on the Bylaw other than from staff.

Although the view was expressed that the points raised through the recently received correspondence have been discussed at previous Committee of the Whole meetings, there was consensus that additional input on the Bylaw should be sought from the Heritage Advisory Panel.

Mayor Causton acknowledged the hard work of Councillor Jensen and the Floor Area Ratio Review Committee noting that the issues around floor area are very complex as he realized some years back when the current floor area ratio regulations were implemented. He suggested that input on the issues be sought from the Heritage Advisory Panel and following that, the Floor Area Ratio Review Committee could be reconstituted and expanded for another look at the issues if required.

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4335, Seventieth Zoning Bylaw Amendment Bylaw, 2006, be referred to the Heritage Advisory Panel to report back to Committee of the Whole and that the Floor Area Ratio Review Committee further consider possible changes to the regulations after that time if required.

CARRIED

MAYOR’S REMARKS:

Mayor Causton welcomed everyone to the first meeting of Oak Bay’s 101^st Municipal Council year.

The Mayor expressed his gratitude to the Centennial Committee, under the Chairmanship of Councillor Herbert, for all its hard work and to the community for embracing with such enthusiasm the many events and legacy projects the Committee brought forward, such as the Centennial Book, Centennial Clock, the Snow Bird’s Air Show and the 100^th birthday celebration with the Victoria Symphony in Windsor Park. The year brought many new additions to the Municipality such as the Windsor Park Pavilion and the renovation and expansion of the Oak Bay Lawn Bowling Club, both of which received financial assistance from the provincial government. The community also celebrated the Centennial Trail, the MacNeill Bay Cairn, a new welcome sign at Fairfield Road, and the First Nations sign at Cattle Point.

The Mayor remarked on the community spirit in Oak Bay, which was helped along by a number of events, including the 2006 Baseball Canada Pee Wee Championship, and the Homes and Gardens Tour.

Mayor Causton noted that it is his intention to continue the work of the Centennial Committee by refocusing it as a Community Initiatives Committee to be chaired by Councillor Herbert. The Committee will offer the same role as a catalyst for events and legacy projects, which he hopes will include, with the aid of upcoming provincial grants, the Local Motion Program, as well as the BC Spirit (Town) Square Program.

Mayor Causton also thanked senior management for the excellent job they do, and the support and advice they give that helps Council do a better job for the Municipality. He also expressed his appreciation to members of Council for the support they give him in allowing him the flexibility to undertake projects on behalf of the region, and in some cases on behalf of the Province.

With respect to the recent storms, the Mayor commended staff and volunteers for their efficient responses to those in need. One of the lessons learned during that time was the importance of an emergency plan and having access to information, he said.

The item that seemed to dominate the agenda this year, he said, was unquestionably the Oak Bay Beach Hotel and its affect on this community. The municipality can look forward to watching the progress next year and waiting for the reopening of the Hotel in May of 2009.

With the Oak Bay Beach Hotel dominating the agenda in 2006, it is anticipated that the infrastructure around sanitary sewer and sewage treatment is likely going to dominate the agenda for 2007. The high costs associated with this are larger than anything that this region has ever seen and they should be budgeted for accordingly, he said.

Mayor Causton noted that policing is a cornerstone for this vibrant community and that the Police Board has been pursuing integrated or contract services, where appropriate, to enhance both safety and service delivery in the Municipality. During a recent meeting with the Solicitor General it was indicated that the Minister believed the District of Oak Bay and Saanich had the right model for the community and the region.

Another undertaking of Council and staff was the forming of the Floor Area Ratio Committee to address the issue around how the municipality can be a little more flexible with respect to floor area ratio and how to encourage renovation or restoration as opposed to demolition and deconstruction and rebuilding. It has been a challenge for the Committee, he said, to get to this point and may have to be revisited.

Mayor Causton drew attention to Oak Bay’s outreaching projects, such as the Capital Regional District pilot project of compost collection, which has been going very well. The Municipality has also contributed towards the Regional Housing Trust to assist with social housing in the region, he noted.

Spring of 2007 will see the opening of Baptist Housing re-development, Shannon Oaks, the Mayor noted, and it will mark having gone from zero to over 200 assisted living units in the past five years.

Mayor Causton thanked all those who serve on municipal committees appointed by Council and the hundreds of people who volunteer through the Oak Bay Volunteer Services Society or at Monterey Centre. He also thanked members of Council and staff once again and closed by wishing everyone a very Merry Christmas and a very Happy New Year.

MINUTES OF MEETING:

Special Council – December 4, 2006

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the minutes of the Council meeting held on Monday December 4, 2006, be adopted.

Mayor Causton advised that as requested at the Special Council meeting, he spoke with Mayor Lowe, City of Victoria, regarding a pesticide use reduction education program for the public in the Capital Region. It was noted that the Capital Regional District would be responding in writing regarding the proposed education model and the associated costs.

The question was then called.

CARRIED

Committee of the Whole – December 4, 2006

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That the minutes of the Committee of the Whole meeting held on Monday, December 4, 2006, and the recommendations contained therein, be adopted.

CARRIED

COMMUNICATIONS:

1.

2007-1

JUSTIN LONGO, December 6, 2006 Re Request for a Road Closure for Block Party – McLaren Road (December 26, 2006)

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That permission be given for the closure of McLaren Road between Victoria Avenue and Falkland Road from 1:00 p.m. to 5:00 p.m. on Tuesday, December 26, 2006, for the purpose of a neighbourhood block party and road hockey game.

Responding to questions, the Municipal Administrator advised that it was unlikely that the applicant would be able to provide the Municipality with insurance, and that the request was more in keeping with block party type of requests versus those road events organized by associations.

The question was then called.

CARRIED

2.

2007-2 2007-2-1 2007-2-2

GREATER VICTORIA SCHOOL DISTRICT NO. 61, November 17, 2006 ECOLE MARGARET JENKINS SCHOOL, November 29, 2006 LESLEY EWING, November 29, 2006 Re Traffic Changes with Respect to Reconfiguration of Monterey School

Councillor Cassidy declared a conflict noting that he is a third party consultant to School District No. 61, and would be unable to discuss or vote on the matter. He left the meeting at 8:34 p.m.

The Director of Engineering Services explained that Monterey Elementary School will become a middle school in September 2007. With this change, the Greater Victoria School District No. 61 will be looking at identifying ‘Safer School Routes’ in the surrounding area. Mr. Marshall advised that the School District is requesting that the District of Oak Bay consider contributing one third of the cost ($5,000) for the safe school routes program study.

There was support for the proposed study and making a $5,000 contribution towards it. It was noted, however, that Oak Bay had encouraged the School District to undertake a study on the traffic and pedestrian safety issues resulting from the school reconfiguration some years back.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That a grant in the amount of $5,000, from the 2007 traffic calming budget, towards a study to assist with the School District engaging a consultant to undertake a study and prepare a report with respect to responding to the change in pedestrian, bicycling and vehicle traffic patterns resulting from the reconfiguration of Monterey School to a middle school in 2007, be approved, subject to the study incorporating input from the public.

As the School Liaison, Councillor Jensen agreed to inquire about what other funding is available to School District No. 61 to assist with the study.

The question was then called.

CARRIED

Councillor Cassidy returned to the meeting at 8:48 p.m.

3.

2007-3

DEPUTY TREASURER, December 5, 2006 Re 2007 Tender Award Recommendations

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the 2007 tenders be awarded as follows:

PW01-2007 – Backhoe Rental Tender:

Jaymar Contracting, based on low bid;

PW02-2007 – Gravel Supply Tender:

Lehigh Northwest Materials, extension of contract;

PW03-2007 – Ready Mix Concrete:

Butler Brothers Supplies;

PW04-2007 – Tandem Truck Rental Tender:

Lopeter Trucking Ltd., based on low bid;

PW05-2007 – Scrap Metal Roll-Off Tender:

Budget Steel, extension of contract;

PW06-2007 – Excavator Rental Tender:

C & F Equipment Ltd., based on low bid;

as detailed in the memorandum from the Accounting Systems Officer, dated December 5, 2006 (correspondence item no. 2007-3), be approved.

CARRIED

4.

2007-4

FEDERATION OF CANADIAN MUNICIPALITIES, November 30, 2006 Re Annual Municipal Dues

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That payment of the invoice for the 2006-2007 Federation of Canadian Municipalities membership dues in the amount of $2,164.57 (which excludes the optional travel contribution) be approved.

CARRIED

5.

2007-5

OAK BAY HERITAGE STEERING COMMITTEE, November 16, 2006 Re Minutes of Meeting

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the minutes of the Oak Bay Heritage Steering Committee meeting held on November 16, 2006 be received.

In response to whether Mayor Causton would continue his role as the Heritage Steering Committee Chair, he indicated that he would be willing to step aside to allow another member of Council to participate on the Committee, should one so wish.

The question was then called.

CARRIED

6.

2007-6

DIRECTOR OF ENGINEERING SERVICES, December 7, 2006 Re 2793 Somass Drive – Proposed Easement Realignment

MOVED by Councillor Carson

Seconded by Councillor Cassidy, That the Mayor and Municipal Clerk be authorized to execute an agreement with the homeowner of 2793 Somass Drive with respect to relocating the sewer easement, as set out in the agreement attached to the memorandum from the Director of Engineering Services dated December 7, 2006.

CARRIED

7.

2007-7

DIRECTOR OF ENGINEERING SERVICES, December 7, 2006 Re Integrated Cadastral Information Society Agreement Renewal

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That staff be authorized to executive the Data Sharing and Licencing Agreement, as attached to the memorandum from the Director of Engineering Services (correspondence item no. 2007-7).

CARRIED

8.

2007-8

MUNICIPAL ADMINISTRATOR, December 8, 2006 Re 2007 Provisional Budget

The Municipal Administrator provided an overview of the provisional budget, which in effect is an amendment to the five-year Financial Plan. Mr. Cochrane noted that while the Community Charter no longer requires that a provisional budget be adopted, it is a valuable tool for the municipal budgeting process.

Mr. Cochrane also drew attention to the subject of Terasen’s proposed gas line field locations policy change, saying that under this policy, Terasen Gas would no longer be responsible for locating gas lines. Instead, maps would be provided to those wanting to locate gas lines, including local governments, where requested. This change in policy is cause for concern due to liability and safety issues, and significant budget implications, therefore a task force of local government representatives has been formed to address this issue.

Mr. Marshall confirmed that the proposed policy change is of a major concern for the Municipality and he has spearheaded the above noted task force in response to it.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That correspondence item no. 2007-8 be received.

CARRIED

9.

2007-9

FILIZ AND HUDSON HENRY, December 8, 2006 Re Development Variance Permit – 3160 Humber Road

Councillor Cassidy indicated he had a conflict with respect to this item due to a business association with the applicant. He left the meeting at 9:15 p.m.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence item no. 2007-9 be received.

CARRIED

There was consensus to amend the order of the agenda.

TABLED:

Development Variance Permit — 3160 Humber Road

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, 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 3160 Humber Road (Lot 3, Block 8, Section 31, Victoria District, Plan 1216A, Except that Part in Plan 6057), varying the following provision of Bylaw No. 3531, Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance
6.2.4(2) Minimum Front Lot Line Setback	10.66 metres	6.00 metres	4.66 metres

to accommodate the construction of an outdoor, in-ground Infinity Pool, as shown on the plans appended to Committee of the Whole agenda Item No. 2006-391, being a memorandum from the Director of Building and Planning dated November 7, 2006.

CARRIED

In response to a question from Council, the Director of Building and Planning confirmed that the southerly neighbour’s view would not be affected by the installation of the in-ground pool. As well, the Municipal Clerk advised that she had emailed an acknowledgement to Mr. Henry to advise him that an in-ground pool has been proposed.

The question on the main motion was then called.

CARRIED

Councillor Cassidy returned to the meeting at 9:18 p.m.

REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:

Mayor Causton reported that the 2007 Capital Regional Budget will be brought forward to Council in the new year. As well, Mayor Causton noted that allocation of Gas Tax Funds were approved towards public transportation and the E & N trail, rather than to cycling lanes as had been previously discussed.

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Oak Bay Centennial Committee

Councillor Herbert noted that the Centennial is coming to a close. The Sea of Lights, parade of lighted boats drew a large crowd to Willows Beach Park December 8^th. The Christmas Festival light up which was rescheduled to December 10^th went well. Councillor Herbert also said there would be a volunteer appreciation night in January 2007.

Estevan Village Area Public Trees Meeting December 5, 2006

Mayor Causton noted that a meeting was held between himself, merchants, property owners, Councillor Carson, and Councillor Herbert, to discuss the public trees and sidewalk issues in the Estevan Village area.

At the meeting, it was proposed that in 2007, four trees at the south easterly end of the block would be removed and replaced by ten year old shade trees that will not drip, with a tap-root (vertical straight tapering root), leaving the one Pin Oak tree on the corner of Musgrave and Estevan and the two Red Oaks on the north side of the block, Mayor Causton said.

To further beautify the area, those attending the meeting requested that the trough and the hexagonal planters be removed and replaced with appropriate street furniture and that the sidewalk on public property also be addressed at that time.

The following year, the Red Oak outside Jennings Florist would be removed and replaced, he said and the north sidewalk and the tree in the middle of the block on the north side would remain. The Pin Oak tree at the corner of Estevan and Dunlevy would also remain.

The Municipal Administrator commented that with fewer trees proposed to be removed and replaced, there may be enough funds in the budget to cover the cost of mature replacement trees.

It was the consensus of Council that an aesthetic makeover of the area would be well received. The question to consider hiring a professional landscape designer for the area was discussed, however it was felt that staff would be able to take on this project.

A member of Council suggested that the proposed new site furnishings could, in part, come from the Oak Bay Parks Services memorial/commemorative bench program as there are a number of people on the wait list.

It was noted that further discussion and a recommendation regarding the Estevan Village would come forward in January 2007.

TABLED (Continued)

Development Variance Permit — 2086 Chaucer Street

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, 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 2086 Chaucer Street (Lot 22, Block 2, Section 69, Victoria District, Plan 298), varying the following provision of Bylaw No. 3531, Zoning Bylaw, 1986, as amended, with respect to the maximum stair projection:

Bylaw Section	Required	Requested	Variance
4.6.5.(1) Maximum Stair Projection into Front Lot Line Setback	1.2 metres	2.13 metres	0.93 metres

to accommodate the renovation of a house, as shown on the plans appended to Committee of he Whole agenda item #2006-393, being a memorandum from the Director of Building and Planning dated November 14, 2006.

CARRIED

The question on the main motion was then called.

CARRIED

Development Permit with Variance — 677 St. Patrick Street

MOVED by Councillor Cassidy

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

That the Director of Building and Planning be authorized to issue a Development Permit with respect to 677 St. Patrick Street (Lot 2, Block 2, Section 22, Victoria District, Plan 1916), varying the following provision of Bylaw No. 3531, Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance
9.1.5.(2).(a) Minimum Front Lot Line Setback	7.62 metres	5.55 metres	2.07 metres

to accommodate the addition of a new canopy onto the front of the building, as shown on the plans appended to Committee of he Whole agenda item #2006-394, being a memorandum from the Director of Building and Planning dated November 15, 2006.

CARRIED

Ms. Amft, 2325 Central Avenue, expressed her concern that the new bakery and delicatessen may be open longer hours that the current business, therefore creating more traffic flow than usual.

The Municipal Administrator responded to questions from Council, by saying that the Zoning Bylaw does not impose time restrictions for the business, nor does it allow a restaurant use.

The question on the main motion was then called.

CARRIED

RESOLUTIONS:

Development Variance Permit — 3283 Henderson Road

MOVED by Councillor Cassidy

Seconded by Councillor Carson, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 3283 Henderson Road (Lot 13, Section 31, Victoria District, Plan 10390), varying the following provision of Bylaw No. 3531, Zoning Bylaw, 1986, as amended:

Bylaw Section	Permitted	Requested	Variance
4.15.1 Maximum Paved Surfaces	25%	26.5%	1.5%

to accommodate paving in the front yard, as shown on the plans appended to Committee of the Whole agenda item #2006-403, being a memorandum from the Director of Building and Planning dated November 23, 2006.

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That the resolution in respect to the Development Variance Permit for 3283 Henderson Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Appointment of Animal Control Officers

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That, effective January 1, 2007, the following Victoria Animal Control Services Ltd. animal control officers, for as long as they are so employed and acting in the course of their duties, and for as long as Victoria Animal Control Services Ltd. is contracted to provide animal control services for the District of Oak Bay, be appointed as animal control officers for the District of Oak Bay pursuant to Section 49 of the Community Charter:

Ian Fraser

Derek Rees

Melissa Schnuth

Mike Gibson

Andrea Moraes

CARRIED

Proposed Special Council Meeting — December 13, 2006

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That a Special Council meeting be scheduled for Wednesday, December 13, 2006 at 5:30 p.m.

CARRIED

Confirmation of Appointments

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the following appointments be confirmed:

Committee of the Whole

Finance, Regulatory, Community Service

and Personnel Policy Section................................................................ Councillor Braithwaite

Land Use Section......................................................................................... Councillor Cassidy

Public Works Section