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, December 15, 2008 at 7:30 p.m.
|
PRESENT: |
Mayor
C. M. Causton, Chairman Councillor
H. Braithwaite Councillor
A. R. Cassidy Councillor
P. Copley Councillor
J. D. Herbert Councillor
N. B. Jensen Councillor
T. Ney |
|
STAFF: |
Municipal Administrator, W. E. Cochrane Municipal Clerk, L. Hilton Confidential Secretary, K.
Green Director of Building and
Planning, R. Thomassen Municipal Treasurer, P. A. Walker Director of Engineering Services, D. Marshall |
Mayor Causton called the
meeting to order at 7:30 p.m.
ADOPTION OF MINUTES:
Council – November 24, 2008
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That the minutes of the Council meeting held on Monday, November 24, 2008, be adopted.
CARRIED
Council (Inaugural) – December 8, 2008
Referring to the confirmation
of appointments, Mayor Causton noted that the appointment of Christopher Watts to
the Greater Victoria Public Library Board should be rescinded due to the
restructuring of the Board as of January 1, 2009, reflected in the new Library
Operating Agreement. He noted that
Councillor Pam Copley will continue as the representative for Oak Bay.
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That the appointment of Christopher Watts to the Greater Victoria Public
Library Board be rescinded, that the minutes of the December 8, 2008 Council
meeting be amended to remove Christopher Watts from the confirmation of
appointments resolution, and that the minutes, as amended be adopted.
CARRIED
COMMUNICATIONS:
|
1. |
- - 2009-2 2008-253 2008-253-1 |
EXCERPT FROM COUNCIL MEETING MINUTES, October 14, 2008 MAYOR CAUSTON, December 12, 2008 THOMAS ZABAN, September 2, 2008 PEARLMAN LINDHOLM BARRISTERS & SOLICITORS, September 24, 2008 Re Public Lane Between 2755 and 2765 Lansdowne Road |
At its meeting of October 14,
2008, Council deferred correspondence item 2008-253 to a future meeting to
allow discussions between the owners of 2755 and 2765 Lansdowne Road regarding
the public land between their properties and the proposed use of it by the
owner of 2755 Lansdowne, Mr. Zaban. Mayor Causton offered to meet with the
property owners on site to assist where possible in that regard.
Following the removal of the
tree at 2755 Lansdowne Road, Mayor Causton advised that he met on site again
with Mr. Zaban and the Selwoods to discuss potential options acceptable to both
parties with respect to the lane.
Mayor Causton drew attention
to his memorandum outlining recommendations to deal with the situation of the
lane, noting that both property owners agreed with the recommendations, which
include paving a portion of the lane and planting hedge trees.
Responding to questions, the
Municipal Administrator advised that the use of a boulevard encroachment
agreement was not recommended as the onus for planting and maintaining the
height of the trees would fall to Mr. Zaban under such an agreement, when it is
the Selwoods that wish the trees to be planted and kept at a maximum height of
ten feet. Should Mr. Zaban not maintain
the tree height as agreed, the work would fall to the Municipality in any
event, so Oak Bay should take the responsibility for planting and maintaining
them, while Mr. Zaban would pay for the all work to be carried out and the cost
of the trees.
Should Council agree with the
recommendations proposed, said Mr. Cochrane, staff would prepare an estimated
cost for the work to be carried out by the Parks Department and Public Works
Department, and payment would be required prior to the start of the project with
any remaining funds being returned to Mr. Zaban. The Cedar trees would, effectively, be a
donation to the Municipality, he said.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That the recommendations as outlined in correspondence item no. 2009-2, be
endorsed.
CARRIED
|
2. |
2009-3 2009-3-1 |
COMMANDER (R) G. R. TELFER, CD (Retired), November 27, 2008 COMMANDER (R) G. R. TELFER, CD (Retired), December 1, 2008 Re Request to Change Street Name – Elgin Road to Burns Street |
Mr. Telfer said he moved to “Poet’s Corner” six years ago and provided
an overview of the history of the naming of Elgin Road. He said it was formerly known as Burns Street
until 1921 when the postal service changed the name to Elgin Road because of
another Burns Avenue in the Victoria region.
Now with the postal code system alleviating any concerns about similar
street names, Mr. Telfer felt that it would be appropriate to honour the
Scottish poet, Robbie Burns, in the cluster of poet streets by changing Elgin
Road back to Burns Street.
Discussion ensued with members of Council
expressing concern about the impact on residents and property owners who would
be affected by the proposed change, and noting that costs would be attributable
to address changes.
The Mayor commented that there are several
other streets that have had name changes, i.e. St. James to Transit Road,
noting that additional requests to change back to original street names may
also be received.
MOVED by Councillor Herbert
Seconded by Councillor Ney,
That the request to change the street name from Elgin Road to Burns Street be
referred to the Heritage Committee for recommendations on how to proceed.
CARRIED
|
3. |
2009-4 2009-4-1 2009-4-2 2009-4-3 2009-4-4 2009-4-5 |
DON HUDSON, November 6, 2008 MUNICIPAL ADMINISTRATOR, December 10, 2008 LOGAN STEWART, October 1, 2008 NICOLE ROBERTS, October 1, 2008 TOM DHEENSAW, October 1, 2008 LOGAN STEWART et al, November 30, 2008 Re Request to Install Amateur Radio Antenna |
The Municipal Administrator referred to the
correspondence the District has received from the owner of 3343 University
Woods wishing to install an amateur radio antenna, noting that matters
concerning radio communications fall within the constitutional jurisdiction of
the Federal government.
However, before an antenna of this type can
be erected, said Mr. Cochrane, the applicant is required by the Federal
government to consult with the local land use authority prior to installing an
antenna structure, although no jurisdictional authority is delegated to the
local government with respect to approvals for antennas.
Noting that Mr. Hudson had consulted the
District of Oak Bay regarding a proposed antenna installation three years ago, Mr.
Cochrane pointed out that the request before Council now is a much different design
than the previous one, which was more of a tower structure with a much wider
base.
Donald Hudson, Applicant, stated that he only wishes to improve his
ability to enjoy his hobby and, as a volunteer with the communications
component of the Oak Bay Emergency Program, he would hope the proposed upgraded
antenna could augment the Program’s current operations. Mr. Hudson noted that he has a three-day
battery powered backup system in place and should a serious event occur his
high frequency communications setup would be a benefit to the community. In this application, he said, he is proposing
to install a 12 gauge wire antenna, suspended from a tree in the middle of the
backyard and by erecting two narrow 35-foot aluminium poles on the side yard
and backyard, as indicated in the photographs and diagrams attached to his
submission.
Mr. Hudson noted that his current system includes
five Isotron antennas which he would remove, with the exception of the vertical
posts, should the new antenna’s performance be superior.
Mr. Hudson said he provided nearby
neighbours with a description of his plans through the ten letters he sent, noting
he summarized his responses to the five replies he received in his submission
as well. He also noted that he was aware
of the restrictive covenants when he bought in the subdivision, however, was
advised by legal council that because of the numerous infractions on other properties
(such as satellite dishes), it would not be enforceable.
There was discussion regarding the private restrictive
covenants, known as a statutory building scheme, on the residential subdivision
between the property owners and the property developer that prohibits an
antenna from being erected, and it was noted that the District of Oak Bay is
not party to the covenant and would not be involved in any enforcement.
Responding to a question from a member of
Council, Mr. Cochrane said the applicant would not be obligated to forward
concerns or petitions from nearby residents to Industry Canada, although the
petition received by Council could be forward by the District of Oak Bay in its
submission to Industry Canada, should that be desired.
Responding to questions from Council, Mr.
Hudson went on to provide further details of the proposed antenna installation.
Philip Lin, the Director of Communications
for the Oak Bay Emergency Program, said he and the Chief and Deputy Fire Chief, who are responsible for
the Emergency Program, support Mr. Hudson in his endeavour to install an
amateur radio antenna. Mr. Lin confirmed
that the current Oak Bay Emergency Program system is estimated to have a 24
hour backup system and he would like to encourage Council to support Mr.
Hudson’s proposal as he is one of the few HAMM operators contributing to the
local Program.
With respect to a comment from a member of
Council, it was noted that the Oak Bay Emergency Program communications system
does not have the capability that allows a signal to carry a long distance such
as Mr. Hudson’s high frequency system, and that it would be an advantage to
have as many resources as possible in an emergency situation.
Leslie Miller Brooks, stated that upon returning home from
vacation four and a half years ago she observed that Isotron antennas, one of
them being 15 feet tall, had been erected and a concrete pad had been poured on
the bluff on the property abutting hers and it is an eyesore she has to look at
everyday. Ms. Miller Brooks added that underground wiring was one of the features of moving to
the area, and with even the possible removal of the Isotrons, the new poles would
still be visible along with the existing pole that would remain.
Ben Van Drimmelen, volunteer with the Oak Bay Emergency
Program, was in attendance to state his support for Mr. Hudson’s proposal
expressing the hope that Council will support the request.
Logan Stewart, said he bought his University Woods home 20 years ago
and he and all residents appreciated the restrictive covenants that had been
put in place. Mr. Stewart said that the
residents feel the same about this proposal as the one that was considered
three years ago, which was not supported.
With respect to the existing Isotrons, he
said no one was consulted and he asked that Council support the community
standards of University Woods that prohibits above ground wiring and
antennas. Additionally, said Mr.
Stewart, if Mr. Hudson wishes to contribute the use of his radio equipment to
the Oak Bay Emergency Program he could take it to the Municipal Hall for use
there.
Ross McKay, commented that the University Woods’ restrictive
covenants are similar to those registered for the Wessex subdivision and the
Uplands area where property is sold with the understanding that no antennas are
permitted, adding that the application is an intrusion of that covenant.
Although Mr. McKay said Mr. Hudson’s HAMM
radio operation would be useful in a disaster, a radio system such as this does
not belong in a residential area and would be more suitably located at the Oak
Bay Municipal Hall, he said.
Bob Adair, said he owns the lot next to Mr. Hudson, and that he
may be the most affected by his application and asked Council members how they
would like to look at antennas such as that proposed, from their own homes.
With respect to the emergency program, Mr. Adair
said the current radio system should be addressed with plans to improve the
existing municipal system being considered.
Following discussion, it emerged that
although the building scheme is in the nature of a private covenant to which
the Municipality is not a party, Council felt nonetheless that it could
properly be taken as evidence of a community standard for the neighbourhood,
given the submissions from neighbours which indicated that the aspects of the
building scheme prohibiting antenna were still supported and valued by a
significant majority of them as owners.
Council also acknowledged the potential for
enhanced emergency radio communication represented by the application, however,
if the high frequency coverage was in fact important for the emergency program,
it was felt that it would be more appropriately provided on institutional
property under the auspices of the Municipality, rather than relying on
equipment possessed by a private citizen whose continued presence and
involvement cannot be guaranteed.
Given the points raised, Council felt that
this was a case where the greater weight should be assigned to the community
concerns and standards. Accordingly, the
position was taken that the proposed works would not be appropriate within
their surroundings.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That correspondence items no. 2009-4 to 2009-4-5 be received and further that
staff be directed to write to Industry Canada to indicate that Council is not in
favour of the application from the owner of 3343 University Woods with respect
to a proposed antenna installation.
It was noted that Council’s
comments regarding the application would be included in the letter to Industry
Canada.
The question was then called.
CARRIED
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4. |
2009-5 |
DIRECTOR OF BUILDING AND PLANNING, December 8, 2008 Re Request to Undertake Work on Building Protected by Restrictive Covenant – 230 King George Terrace |
MOVED by Councillor Braithwaite
Seconded by Councillor Copley,
That pursuant to the restrictive covenant registered against the property,
approval be given for the plans for construction of an addition to the single
family dwelling located at 230 King George Terrace, as outlined in
correspondence item no. 2009-5.
CARRIED
|
5. |
2009-6 |
DIRECTOR OF BUILDING AND PLANNING, December 2, 2008 Re Development Variance Permit Application – 754 Oliver Street |
The
Director of Building and Planning noted that the owner wishes to improve the
property with landscaping, which would include construction of an arbour
structure and paved pathways, requiring variances to the front lot line setback
and maximum allowable paved surface as noted in his memorandum.
Ms.
Susan Tanner, applicant, responding to a question with respect to the concrete
retaining walls, said that the original walls have been replaced and that
vegetation will be planted along the walls to soften their look.
With
respect to questions regarding the percentage of paved surfaces, Ms. Tanner
added that much of the paved area already exists.
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the Director of Building and Planning
be authorized to issue a Development Variance Permit with respect to 754 Oliver
Street (Lot A, Section 22, Victoria District, Plan VIP 51700) that will vary
the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:
|
Bylaw Section |
Required |
Requested |
Variance |
|
6.5.4.(2)(a) Minimum Front Lot Line Setback, Arbour Structure |
7.62 m |
0.61 m |
7.01 m |
|
|
|
|
|
|
4.15.1 Maximum Paved Surfaces |
25% |
48% |
23% |
to accommodate landscaping the front yard which
includes construction of an arbour and pathways as shown in the plans attached
to the memorandum from the Director of Building and Planning dated December 2,
2008.
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the motion in
respect of the development variance permit for 754 Oliver Street be tabled to
allow notice to be given in accordance with the Local Government Act.
CARRIED
|
6. |
2009-7 |
DIRECTOR OF BUILDING AND PLANNING, December 2, 2008 Re Development Variance Permit Application – 3003 Foul Bay Road |
The Director of Building and
Planning said that the owners wish to develop an existing large attic space
into a bedroom and ensuite bath. In
order to accommodate the renovations the applicants propose to construct a rear
shed dormer, which, he confirmed, will not modify the currently non-conforming
roof height.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That the Director of Building and Planning
be authorized to issue a Development Variance Permit with respect to 3003 Foul
Bay Road (Lot 24, Section 31, Victoria District, Plan 4678) that will vary the
following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:
|
Bylaw Section |
Permitted |
Requested |
Variance |
|
6.4.4.(3) (c)+Schedule B Maximum Roof Height |
9.14 m |
9.83 m |
0.69 m |
to accommodate the construction of a dormer as shown
in the plans attached to the memorandum from the Director of Building and Planning
dated December 2, 2008.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That the motion in respect of the
development variance permit for 3003 Foul Bay Road be tabled to allow notice to
be given in accordance with the Local
Government Act.
CARRIED
|
7. |
2009-8 2009-8-1 |
DIRECTOR OF ENGINEERING SERVICES, December 10, 2008 HUGH AND YVONNE RORISON, December 2, 2008 Re Boulevard Encroachment Application – 15 Beach Drive |
The Director of
Engineering Services provided an overview of his memorandum with respect to the
resubmission for a boulevard encroachment for 15 Beach Drive.
Mr.
Marshall noted that the original agreement was never executed as the applicant
had some concerns regarding liability for existing boulevard trees, and there
were issues regarding sightlines being obscured by the private hedge. Since then, the line of sight issue with
respect to the hedge has been eliminated and an agreement has been established with
regard to the Parks Department agreeing to take responsibility for the maintenance
of the boulevard trees.
At
this time, noted Mr. Marshall, the applicants are requesting approval for
plantings, extension of the existing chain link fence versus a different fence
design previously approved, and approval for the existing pond partially
situated on public property. With
respect to the proposed fencing extension, Mr. Marshall noted that due to the
terrain it would provide pedestrian safety along this portion of the sidewalk,
and for that reason approval of the fence is recommended.
Hugh
Rorison, Applicant, confirmed that the request to extend the existing fencing
is due to the steep terrain, which leads down to the pond, which has been found
to encroach slightly onto Municipal property, as noted by Mr. Marshall.
Mayor
Causton noted the staff recommendations, and suggested that staff had done
their due diligence in this regard, and the recommendation should be endorsed.
There
was discussion regarding the pond encroaching on municipal property and the
view was expressed by some members of Council that permission should have been
obtained prior to its installation.
There was further discussion regarding the timelines surrounding the
installation of the pond and the original encroachment request being considered
by Council, and it was suggested that the original boulevard encroachment
application plans should be brought forward to assist Council in clarifying
some of the issues surrounding the application.
MOVED by Councillor Jensen
Seconded by Councillor Herbert,
That the application for the boulevard encroachment for 15 Beach Drive be
tabled to the next meeting of the Committee of the Whole to enable staff to
bring forward the original encroachment application.
CARRIED
There was consensus
to amend the order of the agenda.
|
8. |
2009-11 |
GREATER VICTORIA DEVELOPMENT AGENCY, November 28, 2008 Re Request for Grant |
Sasha Angus, Economic Development Officer Greater
Victoria Development Agency, provided an overview of the benefits
and purpose of the Greater Victoria Development Agency (GVDA), saying it is a support agency for local businesses and provides
an industry-led solution to coordinated regional economic development. Mr. Angus drew attention to the operational
activities and the strategic priorities to support growth and retention of
local businesses.
Mr. Angus reviewed the GVDA
funding partners, noting Provincial and Local Government support and
contributions to date. The request to
the Municipality of Oak Bay, he said, is for a contribution of $10,000.
Following further discussion
regarding the grant request, and various questions from Council being answered
by the applicants, concerns were expressed by members of Council that should
the provision of a grant be considered, it not be in conflict with the
prohibition on providing assistance to businesses through programs or
businesses supported by the GVDA with funds contributed by the Municipality.
The Municipal Administrator
noted that any grant to the GVDA would have to be tied to a specific project or
activity which was of benefit to the community at large and which could not be
construed as providing assistance to a business, and an agreement would be required
in that regard.
Members of Council requested
that additional information be submitted by the applicants prior to Council’s
Estimates Committee meetings with respect to example projects the GVDA would
wish Council to consider making a contribution towards and to submit financial
statements as well.
Roger Skillings, Board Member,
Greater Victoria Development Agency, added that with the economic situation, it is
necessary that something be done for the economic development or the Capital
Region will be in even more trouble, adding that any assistance shows
leadership to the entire region.
MOVED by Councillor Jensen
Seconded by Councillor Herbert,
That the grant request from the Greater Victoria Development Agency in the
amount of $10,000 be referred to Council’s Estimates Committee for
consideration during budget deliberations, and that the Greater Victoria
Development Agency be requested to submit its financial statements and a list
of potential projects for funding.
CARRIED
|
9. |
2009-12 |
GARRY OAK ECOSYSTEMS RECOVERY TEAM, November 21, 2008 Re Request for Grant |
Betsy
Rose, Financial Administrator, Garry Oak Ecosystems Recovery Team, provided a brief
overview of the Garry Oak Ecosystems Recovery Team’s work, noting that in the
last year, the Society has provided 117 of their Garry Oak Gardener’s handbooks
to Oak Bay residents free of charge.
With recent funding cuts, the society is seeking funding of $500 to
print 100 handbooks for distribution to Oak Bay residents, she said.
Mayor
Causton commented that through the Capital Regional District, tax levy, Oak Bay
has actually contributed towards the Garry Oak Ecosystems Recovery Team.
Considering
that some funding has been provided, although indirectly, it was suggested that
a lesser amount be granted and that 40 handbooks be offered to Oak Bay
residents.
MOVED by Councillor Cassidy
Seconded by Councillor
Herbert, That a grant in the amount of $200 towards the distribution of Garry
Oak Gardener’s handbooks to Oak Bay residents, be approved.
CARRIED
|
10. |
2009-9 |
DIRECTOR OF ENGINEERING SERVICES, December 10. 2008 Re North Henderson Road – Additional Pedestrian Island |
The
Director of Engineering Services advised that following the completion of the
North Henderson Road bike lane project, there remains sufficient Provincial
LocalMotion grant funds that could be used to accommodate additional work not
contemplated in the original application.
Therefore, he said, the Engineering Department is proposing that the
Municipality apply to the Province to amend the scope of the project to include
a pedestrian island at the crosswalk to the main entrance to Camosun College on
Foul Bay Road, as shown on the plans attached to correspondence item no.
2009-9.
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That staff be authorized to apply for an amendment to the scope of the project
originally approve for funding under the Province of British Columbia’s
LocalMotion grant program, to include a pedestrian island at the crosswalk on
Foul Bay Road at Camosun College, as shown on the plan attached to the
memorandum from the Director of Engineering Services dated December 10, 2009.
CARRIED
Discussion
turned to the originally approved pedestrian island at Henderson Road and Foul
Bay Road, and attention was drawn to the proposed options for the island
included in the Director of Engineering Service’s memorandum.
With
respect to the two options presented, following some discussion, it was the
majority view of Council that Option B was preferred, which includes a vertical
curb around the island and plantings in it.
Regarding
the pedestrian island, the Municipal Administrator said that a recommendation
may come forward to introduce a reduced speed limit of 40 kilometres per hour
south of the proposed island, regardless of the option chosen, to slow traffic
in its approach to the intersection.
MOVED by Councillor
Copley
Seconded
by Councillor Braithwaite, That Option B, as described in correspondence item
no. 2009-9, be approved.
CARRIED
|
11. |
2009-10 |
MULTIPLE SCLEROSIS SOCIETY OF CANADA, [Undated] Re Request to Occupy
Willows Beach Park Parking Lot and Public Sidewalks – April 5, 2009 |
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That approval be
granted to the Multiple Sclerosis Society of Canada to occupy the Willows Beach
Park parking lot on Sunday, April 5, 2009 from 6 o’clock a.m. until 1 o’clock
p.m. and to occupy the sidewalks along Beach Drive, Newport Avenue, and Currie
Road from 10:00 o’clock a.m. until 12:00 o’clock p.m., as detailed in
correspondence item no. 2009-10, in relation to the staging of the Super Cities
WALK for MS event, subject to the event organizer entering into a public
property occupancy agreement in which it will among other standard
requirements:
1) release and indemnify the Municipality from
any claims or liability associated with the event and provide evidence of
public liability insurance in the amount of not less than $3,000,000; and
2) agree to pay all invoices from the
Municipality for costs incurred in connection with the event;
with the Municipal Clerk being authorized to execute
such agreement on behalf of the District of Oak Bay.
CARRIED
|
12. |
2009-13 |
OAK BAY VOLUNTEER SERVICES SOCIETY, December 8, 2008 Re Request for Grant |
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert,
That the grant request from the Oak Bay Volunteer Services Society in the
amount of $30,000 be referred to Council’s Estimates Committee for
consideration during budget deliberations.
CARRIED
|
13. |
2009-14 |
FEDERATION OF CANADIAN MUNICIPALITIES, December 2, 2008 Re Annual Municipal Dues |
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That payment of the invoice for the 2009-2010 Federation of Canadian
Municipalities membership dues in the amount of $2,284.78 (which excludes the
optional travel contribution) be approved.
CARRIED
|
14. |
2009-15 |
DEPUTY TREASURER, December 1, 2008 Re 2009 Tender Award Recommendations |
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That the 2009 tenders and contract extensions be awarded as follows:
PW01-2009 – Backhoe Rental
Tender:
W.A. Jones & Sons, based on low bid;
PW02-2009 – Gravel Supply
Tender:
Lehigh Northwest Materials,
extension of contract;
PW03-2009 – Ready Mix
Concrete:
Butler Brothers Supplies;
PW04-2009– Tandem Truck Rental
Tender:
Lopeter Trucking Ltd., based
on low bid;
PW05-2009 – Scrap Metal Roll-Off
Tender:
Steel Pacific Recycling, extension
of contract;
PW06-2009 – Excavator Rental
Tender:
Don Mann Excavating Ltd.,
based on low bid,
as detailed in the memorandum
from the Deputy Treasurer, dated December 1, 2008 (correspondence item no. 2009-15).
CARRIED
|
15. |
2009-16 |
POLICE BOARD SECRETARY, November 19, 2008 Re Contract for Police Dispatch Services |
A member of Council expressed concern regarding the
service provided by Saanich with respect to some Oak Bay residents reporting being
put on hold or experiencing long answering times for non-emergency calls.
In response, Mayor Causton read an excerpt from the
minutes of the Oak Bay Police Board meeting held November 18, 2008, demonstrating
that the Board will be addressing these concerns.
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy,
That the signing officers of the Municipality be authorized to execute a five
year contract with the District of Saanich for Police dispatch services
substantially in the form of the 2004-08 contract, with the contract price for
2009 being $119,234, and with adjustments for subsequent years to be based on
the percentage annual cost increase represented by the wage rate increase for
the classifications of the Saanich Police bargaining unit which provide Police
dispatch services.
CARRIED
|
16. |
2009-17 |
MUNICIPAL ADMINISTRATOR, December 8, 2008 Re Mileage Rates for Use of Personal Vehicles on Municipal Business |
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy,
That effective January 1, 2009, mileage rates for the use of personal vehicles
in the course of municipal business be set for each calendar month in
accordance with the fuel price-based formula described in the memorandum from
the Municipal Administrator dated December 8, 2008.
CARRIED
|
17. |
2009-18 |
GERD AND GERTRUDE RANFFT, December 9, 2008 Re Development Permit with Variance – 2265 Oak Bay Avenue |
MOVED by Councillor Jensen
Seconded by Councillor Herbert,
That correspondence
item no. 2009-18 be received.
CARRIED
NEW BUSINESS:
Estevan
Village Merchants Christmas Light Up
Councillor Cassidy
commented on the enjoyable Christmas celebration put on by the Estevan Village
merchants.
Deconstruction/Demolition
Permits
Councillor Cassidy again
expressed his concern regarding the number of deconstruction and demolition
permits being requested and said he looks forward to future discussions with
respect to his proposed taxation relief program to encourage heritage
preservation. It was noted that the
Heritage Committee will be reviewing the issue.
TABLED:
Development Permit with Variance – 2000
Cadboro Bay Road
MOVED by Councillor Jensen
Seconded by Councillor Cassidy,
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 2000 Cadboro Bay Road (Lot A, Section 28, Victoria
District, Plan 43167), which will vary the following provision of the Sign Bylaw, 1997:
|
Bylaw Section |
Permitted |
Requested |
Variance |
|
6. (5) Maximum Free-Standing Sign Area within Commercial Use |
1.86 sq. m per face |
6.1 sq. m per face |
4.24 sq. m per face |
to accommodate the proposed addition to the existing
free standing sign, as more particularly shown on the plans attached to
Committee of the Whole agenda item #2008-264, being a memorandum from the
Director of Building and Planning dated October 15, 2008.
CARRIED
The question on the main motion was then called.
CARRIED
Development Permit with Variance – 2265 Oak
Bay Avenue
MOVED by Councillor Jensen
Seconded by Councillor Cassidy,
That the following motion be lifted from the table:
That the Director of Building and Planning
be authorized to issue a Development Permit with variance with respect to 2265
Oak Bay Avenue (Lot A, Sections 23 & 69, Victoria District, Plan 31610),
allowing exterior alterations to the building located thereon in the form of
the installation of a business sign as described in Committee of the Whole
agenda item #2008-275, being a memorandum from the Director of Building and
Planning dated October 17, 2008, and as more particularly shown in the
photographic representation attached thereto, and which would vary Section
15(1) of Bylaw No. 3946, Sign Bylaw, 1997,
to permit the said sign which is of a type that would not otherwise be
permitted, namely a hanging sign projecting out from the face of the building.
CARRIED
The question on the main motion was then called.
CARRIED
RESOLUTIONS:
Bank Signing Authority
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That Council adopt The Royal
Bank of Canada Form 380(01/2007) regarding signing officers for the
Municipality, who shall be either the Mayor (or in his absence the Acting
Mayor), the Finance Chair, or the Municipal Administrator, as the case may be,
together with the Municipal Treasurer (or in her absence the Deputy Municipal
Treasurer), and the transactions that these officers can undertake.
CARRIED
BYLAWS:
For Adoption
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That Bylaw No. 4442, Elected Official Travel Expense Bylaw
Amendment Bylaw, 2008, be adopted.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That Bylaw No. 4443, Water Rate Bylaw Amendment Bylaw No. 2,
2008, be
adopted.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That Bylaw No. 4444, Ticket Information Utilization Bylaw
Amendment Bylaw No. 5, 2008, be adopted.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Cassidy,
That Bylaw No. 4445, Financial Plan Bylaw, 2008, Amendment Bylaw
No. 1, 2008, be
adopted.
CARRIED
For First, Second and Third
Reading
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite,
That Bylaw No. 4446, Streets and Traffic Bylaw Amendment Bylaw
No. 1, 2009, be
introduced and read a first time.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite,
That Bylaw No. 4446, Streets and Traffic Bylaw Amendment Bylaw
No. 1, 2009, be
read a second time.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite,
That Bylaw No. 4446, Streets and Traffic Bylaw Amendment Bylaw
No. 1, 2009, be
read a third time.
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Copley,
That Bylaw No. 4447, Sewer User Charge Bylaw Amendment Bylaw,
2009, be
introduced and read a first time.
CARRIED
(Councillor Herbert against
the motion)
MOVED by Councillor Braithwaite
Seconded by Councillor Copley,
That Bylaw No. 4447, Sewer User Charge Bylaw Amendment Bylaw,
2009, be read
a second time.
Councillor Herbert reiterated his opposition to the
Bylaw as expressed in past years with respect to a portion of sewer charges
being collected through utility billing versus being collected through taxation,
saying it is not appropriate to hide the costs on the utility bill. He also said he felt that this option
penalizes larger families who have higher water use consumption.
The view that such a ‘user pay’ system was being
implemented in other communities, and was a fair allocation of costs, was also
expressed.
The question was then called.
CARRIED
(Councillor Cassidy and Herbert
against the motion)
MOVED by Councillor Braithwaite
Seconded by Councillor Copley,
That Bylaw No. 4447, Sewer User Charge Bylaw Amendment Bylaw,
2009, be read
a third time.
CARRIED
(Councillor Herbert and
Cassidy against the motion)
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That Bylaw No. 4448, Water Rate Bylaw Amendment Bylaw, 2009, be introduced and read a first
time.
CARRIED
(Councillor Herbert against
the motion)
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That Bylaw No. 4448, Water Rate Bylaw Amendment Bylaw, 2009, be read a second time.
Councillor Herbert said he would like to see the
Capital Regional District’s budget with respect to conservation initiatives,
indicating that he did not see the need for conservation given the usual levels
of the reservoir, which was newly expanded at a significant cost to accommodate
the population increase.
In response, Councillor Jensen confirmed that the
budget is available and that the water board has been successful in getting
residents to change their water use habits and conserve water wherever
possible.
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That the meeting
continue past the 11 o’clock p.m. hour of adjournment fixed by the Procedure
Bylaw.
CARRIED UNANIMOUSLY
It was noted that the Capital Regional District has
built into its long term water conservation program appropriate incentives,
i.e. rebates for low flow appliances, to encourage households to reduce their
water consumption, and it was suggested they may not all be necessary any
longer.
The question was then called.
CARRIED
(Councillor Herbert and
Cassidy against the motion)
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That Bylaw No. 4448, Water
Rate Bylaw Amendment Bylaw, 2009, be read a third time.
CARRIED
(Councillor Herbert and
Cassidy against the motion)
MOVED by Councillor Copley
Seconded by Councillor Cassidy,
That Bylaw No. 4449,
Advance Tax Payment Interest Allowance Bylaw Amendment Bylaw, 2008, be introduced and read a first
time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Cassidy,
That Bylaw No. 4449,
Advance Tax Payment Interest Allowance Bylaw Amendment Bylaw, 2008, be read a second time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Cassidy,
That Bylaw No. 4449,
Advance Tax Payment Interest Allowance Bylaw Amendment Bylaw, 2008, be read a third time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Braithwaite
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 identifiable individuals who are being
considered for a position appointed by the Municipality.
CARRIED
The meeting adjourned at 11:04
p.m.
Certified Correct:
|
_______________________________ Municipal Clerk |
|
________________________________ Mayor |