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,
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PRESENT: |
Mayor
C. M. Causton, Chairman Councillor
H. Braithwaite Councillor
S. F. B. Carson Councillor
A. R. Cassidy Councillor
P. Copley Councillor
J. D. Herbert Councillor
N. B. Jensen |
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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. |
In honour of
The Honourable
Ida Chong, Minister of
Community Services and Minister Responsible for Seniors' and Women's Issues,
was in attendance for the occasion and to offer congratulations to
Mayor Causton called the
meeting to order at 8:50 p.m.
MAYOR’S REMARKS:
Mayor Causton welcomed everyone to the first meeting
of
There are a number of things, said the
Mayor Causton noted that the joint policing contract
with the District of Saanich has proven to been a successful partnership in its
first full year.
In 2007, the Capital Region Emergency Services
Telecommunications Inc. (CREST) struggled to get the emergency services radio
communications system improvements necessary, and
The year saw the opening Shannon Oaks which has
offered affordable housing alternatives to residents, the completion of the
Monterey School renovations and changes, as well as the Oak Bay Lawn Bowling
Club completed their building renovations at Carnarvon Park, he said.
Mayor Causton thanked all those who serve the
community on municipal committees appointed by Council, the many volunteers, organizations,
service clubs, businesses and individuals who have contributed their time to
make this a better community for all. He
also thanked the senior management and staff and expressed his appreciation for
the customer service focus that this community offers to its residents.
In closing,
MINUTES OF MEETINGS:
Council – November 26, 2007
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy,
That the minutes of the Council meeting held on Monday, November 26, 2007, be adopted.
CARRIED
Committee of the Whole – December 10, 2007
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy,
That the minutes of the Committee of the Whole meeting held on Monday, December
10, 2007, and the recommendations contained therein, be adopted.
Referring to the topic of the intersection
at
It was noted
that staff will continue on with installing oversize stop signs, improving road
markings, and trimming the vegetation where required to improve sight lines at
the intersection.
The question was then called.
CARRIED
There was consensus to amend the agenda to consider
the Bylaws No. 4378, 4381, 4386 and 4390 at this point.
BYLAWS:
For Third
Bylaw
No. 4378
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That Bylaw No. 4378, Heritage Revitalization Agreement Amendment Authorization Bylaw, 2007, be
read a third time.
The Director of Building and Planning noted
that the amendment to the Heritage Revitalization Agreement for 825 Foul Bay
Road would increase the number of permitted suites from 5 to 6, reduce the
required parking on site from 12 spaces to 8 spaces, and would require the
dwelling to be sprinklered. In response
to questions, he clarified that the 12 required spaces were never delineated,
and the proposed 8 spaces would reflect the parking that is already laid out on
the site, with six spaces for the residents plus two guest spaces.
Mr. Beattie also noted that agreed upon
work would require a permit which would provide the opportunity to monitor the
progress and complete inspections as necessary.
The question was then called.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That Bylaw No. 4378, Heritage Revitalization Agreement Amendment Authorization Bylaw, 2007, be
adopted.
CARRIED
Bylaw No. 4381
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That Bylaw No. 4381, Seventy-Fifth Zoning Bylaw Amendment Bylaw, 2007, be read a third
time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That Bylaw No. 4381, Seventy-Fifth Zoning Bylaw Amendment Bylaw, 2007, be adopted.
CARRIED
Bylaw
No. 4386
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen, That Bylaw No. 4386, Seventy-Sixth Zoning Bylaw Amendment Bylaw, 2007, be read a third
time.
There was discussion regarding what the
appropriate number of seats for the neighbourhood deli use would be for the property located at
Responding to questions from Council, the
Municipal Administrator indicated that, in his opinion, the number of seats
permitted by the Bylaw could be changed post public hearing, as it is not a
density issue or a change in the fundamental use of the property.
MOVED by
Councillor Herbert
Seconded
by Councillor Cassidy, That the question on the main motion be postponed until
after disposing of the following motion: “That Bylaw No. 4386, as at second
reading, be amended in Section 3 by striking out “20” in Paragraph (4) of the
proposed new Subsection 9.8.3 of the Zoning Bylaw, and substituting “10”.
There was
further discussion regarding the number of seats that should be permitted, and
varying views and opinions were noted.
Some members of Council expressed the view that seating for 20 was
supportable in that it would help work towards building community through
meeting places, and that the location of the property promoted a reduction in
the reliance of long automobile trips given that it is located in a residential
area, contributing to reduced green house gas emissions. Patrons, it was noted, have the ability to
walk, bike, or make a short car trip to the business because of its location. It was also acknowledged, however, that the
traffic and parking concerns in the area do need to be addressed.
The
opposing view in support of the reduced number of seats was expressed, with
some members of Council noting that more patrons would add to the parking and
traffic concerns that have been raised.
It was also suggested that ten seats could be approved at this time as
an incremental change, and if it was desired in the future, consideration could
be given to increasing the seating to 20.
Responding
to questions regarding the BC Building Code regulations for washrooms, the Director
of Building and Planning advised that above 10 seats triggers the requirement
for a wheelchair accessible washroom.
The
question was then called.
DEFEATED
(
MOVED by Councillor Carson
Seconded by Councillor Herbert, That the question on the
main motion be postponed until after disposing of the following motion: “That
Bylaw No. 4386, as at second reading, be amended in Section 3 by striking out
“20” in Paragraph (4) of the proposed new Subsection 9.8.3 of the Zoning Bylaw,
and substituting “15”.
The
question was then called.
CARRIED
(Councillors Braithwaite, Cassidy and Jensen opposed)
The question on Third Reading of Bylaw No. 4386, as
amended, was then called.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That Bylaw No. 4386, Seventy-Sixth Zoning Bylaw Amendment Bylaw, 2007, as amended, be
adopted.
CARRIED
Bylaw No. 4390
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That Bylaw No. 4390, Seventy-Seventh Zoning Bylaw Amendment
Bylaw, 2007, be read a third time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That Bylaw No. 4390, Seventy-Seventh Zoning Bylaw Amendment
Bylaw, 2007, be adopted.
CARRIED
COMMUNICATIONS:
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1. |
2007-337 |
MUNICIPAL ADMINISTRATOR, December 4, 2007 Re 2008 Provisional Budget |
The Municipal Administrator provided an
overview of the provisional budget, which in effect, he said, 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.
As the budget currently stands, said Mr.
Cochrane, the municipal tax levy increase would be 3.7%, however, there is
uncertainty with respect to some components of the budget that could affect the
actual increase when the budget is considered in the spring.
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That correspondence
item no. 2007-337 be received.
Referring to the new direction from the Province
that the financial plan set out various objectives and policies of the
Municipality, attention was drawn to the draft policy attached to the Municipal
Administrator’s memorandum in this regard.
Mr. Cochrane confirmed that the draft policy would again be brought
forward with the financial plan for consideration during budget deliberations.
The question was then called.
CARRIED
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2. |
2007-338 |
HABITAT ACQUISITION TRUST, November 27, 2007 Re Request for Grant |
MOVED by Councillor Herbert
Seconded by Councillor Copley, That the
grant request from the Habitat Acquisition Trust be referred to Estimates
Committee.
CARRIED
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3. |
2007-339 |
AMYOTROPHIC LATERAL SCLEROSIS SOCIETY OF BC, [Undated] Re Request to Hold Flower Day Tag Day – June 7, 2008 |
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That
approval be given to the Amyotrophic Lateral Sclerosis Society to hold a tag
day on public sidewalks in
CARRIED
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4. |
2007-340 |
PENINSULA RUNNERS ATHLETIC SOCIETY, November 26, 2007 Re |
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That
the request to change the event date of the Oak Bay Half Marathon from May 18, 2008 to
May 25, 2008, be approved, subject to all the same requirements noted in the
original approval given on September 24, 2007.
CARRIED
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5. |
2007-341 |
DIRECTOR OF BUILDING AND PLANNING, December 4, 2007 Re Zoning Bylaw Amendment Application – |
The Municipal Administrator noted that an
application to subdivide off a small portion of the property at
MOVED by Councillor Herbert
Seconded by Councillor Carson, That staff
be directed to draft a Zoning Bylaw amendment for consideration by Council following
the posting of the required sign regarding the amendment on the property.
In response to questions, Mr. Cochrane
noted that the “no vehicle access” restriction would continue to be in place on
the strip of land once it is added to
The question was then called.
CARRIED
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6. |
2007-342 |
DEPUTY TREASURER, December 12, 2007 Re 2008 Tender Award Recommendations |
MOVED by Councillor Herbert
Seconded by Councillor Copley, That the 2008 tenders and
contract extensions be awarded as follows:
PW01-2008 – Backhoe Rental Tender:
Jaymar Contracting, based on low bid;
PW02-2008 – Gravel Supply Tender:
Lehigh Northwest Materials, extension of contract;
PW03-2008 – Ready Mix Concrete:
PW04-2008 – Tandem Truck Rental Tender:
Lopeter Trucking Ltd., based on low bid;
PW05-2008 – Scrap Metal Roll-Off Tender:
Budget Steel, extension of contract;
PW06-2008 – Excavator Rental Tender:
C & F Equipment Rentals Ltd., based on low bid;
PW07-2008 – Hauling of Garbage and
Recyclables and Supply of Roll Off Containers Tender:
Bin Boy Services Inc., (three year) based on low bid;
PW08-2008 – Compost Tender:
Michells Farm Composting (three year) based on low bid.
as detailed in the memorandum from the Deputy
Treasurer, dated December 12, 2007 (correspondence item no. 2007-342), be
approved.
CARRIED
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7. |
2007-343 |
HERITAGE STEERING COMMITTEE, November 8, 2007 Re Minutes of the Meeting |
MOVED by Councillor Jensen
Seconded by Councillor Copley, That the
minutes of the Oak Bay Heritage Steering Committee meeting held on November 8,
2007 be received.
Attention was drawn to the section of the
minutes requesting that the Heritage Steering Committee be involved in the consideration
of any Heritage Revitalization Agreement applications. In response, it was noted that while this is
not a part of the Heritage Steering Committee’s mandate, it is certainly
possible to keep the Committee apprised of any heritage revitalization
applications that come forward for its information.
A member of Council remarked on the absence
of any discussion on tax incentives as a way to encourage designation of heritage
buildings, and restoration or renovation of older homes rather than homeowners
demolishing and rebuilding homes, saying that he would like to see this come
forward for further discussion.
It was noted that while tax relief is one
way of helping to preserve heritage buildings, another way would potentially be
through permitting secondary suites.
Inasmuch as staff will be
bringing forward a report on secondary suites sometime in the new year, it was
suggested that would be a good opportunity to discuss possible tax incentives
as well.
The question was then called.
CARRIED
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8. |
2007-344 |
Re Request for Grant |
MOVED by Councillor Jensen
Seconded by Councillor Copley, That the
grant request from the Oak Bay Volunteer Services Society be referred to Estimates
Committee.
CARRIED
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9. |
2007-346 |
ZEBRA DESIGNS INC. December 17, 2007 Re Development
Variance Permit – |
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That correspondence
item no. 2007-346 be received.
CARRIED
TABLED:
Authorization for Disposition of Property By Way of a
Statutory Right of Way –
MOVED by Councillor Herbert
Seconded by Councillor
Braithwaite, That the following motion be lifted from the table:
“That authorization be given
for the disposition of property legally described as That part of Section 46,
Victoria District, shown as closed road on Plan VIP82344 by way of granting a
Statutory Right of Way to BC Hydro and Power Authority and Telus Communications
Inc. over the property in relation to the existing overhead lines, substantially
in the form attached to the resolution printed for the purposes of the November
26, 2007 Council agenda.”
CARRIED
The question on the main motion was then called.
CARRIED
RESOLUTIONS:
Confirmation of Appointments
MOVED by Councillor Jensen
Seconded by Councillor Herbert, 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...................................................................... Councillor
Herbert
Recreation Section........................................................................... Councillor
Carson
Emergency Planning and Fire Section............................................... Councillor
Jensen
Traffic and Pedestrian Safety Section.............................................. Councillor
Copley
and
Councillor Copley
Other Council
Appointments
Acting
December and June.......................................................................... Councillor
Jensen
January
and July.......................................................... Councillor
Cassidy
February
and August.................................................... Councillor
Herbert
March
and September.................................................... Councillor
Carson
April
and October......................................................... Councillor
Copley
May
and November................................................ Councillor
Braithwaite
Capital Regional District .....................
Capital Regional District Arts Committee......................................... Councillor
Copley
Community Initiatives Committee............. Councillor Herbert (Chair),
and
Councillor Braithwaite
and Councillor Jensen
CREST Corporation......................................................................... Councillor
Herbert
Emergency Planning Liaison............................................................. Councillor
Jensen
Greater Victoria Labour Relations
Association.....................................
................................................................... (Alternate Councillor Herbert)
Greater Victoria Public Library Board.............................................. Councillor
Copley
Parcel Tax Roll Review Panel
............................................................. (Alternate Councillor Braithwaite)
2010 Olympics Liaison.................................................................... Councillor
Carson
Oak Bay Police Board.......................................................
Provincial Capital Commission....................................................... Councillor
Cassidy
Provincial Court—Family Court Committee.............................. Councillor
Braithwaite
Receptions and Public Information............ Councillor Braithwaite and
Regional Housing Trust Fund Commission Mayor Causton (Alternate: Councillor Copley)
Regional Water Supply Commission Councillor Jensen (Alternate: Councillor Copley)
Royal and McPherson Theatres Society........................................... Councillor
Herbert
Citizen Volunteer
Appointments
Heritage Advisory Panel:
§ John Bodnar
§ Richard Collier
§ Don Reksten
§ Carl Peterson
§ Monica Walter
Heritage Foundation:
§ John Harker
§ Jane Neilsen
§ Don Reksten
§ Stephanie Sainas
§
§ Bronwyn Taylor
§ Christopher Watts
Heritage Steering Committee:
§ John Harker