MINUTES of a special 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 4, 2006.

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 Municipal Treasurer, P. A. Walker Director of Engineering Services, D. Marshall

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

Mayor Causton noted that the November 27, 2006 Council meeting was rescheduled to December 4, 2006 due to inclement weather on the 27^th.

Mayor Causton brought attention to the number of calls and emails he has received commending Oak Bay Public Works, Fire and Police Department staff for their quick and thorough responses during the recent snow storm.

MINUTES OF MEETING:

Council – November 14, 2006

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the minutes of the Council meeting held on Tuesday November 14, 2006, be adopted.

Mayor Causton advised that the Capital Regional District Committee of the Whole would be meeting on Wednesday to determine the allocation of funds from the Gas Tax Program. He noted that the proposal for cycling lanes on Henderson Road that was submitted for consideration in relation to the CRD’s Travel Choices Plan was not included in the recommendation to the Committee. The recommendation, said Mayor Causton, is to direct the funds towards public transportation and the E & N Bike/Walk Trail from Victoria to Goldstream Park instead.

The question was then called.

CARRIED

Committee of the Whole – November 20, 2006

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Monday, November 20, 2006, and the recommendations contained therein, be adopted.

CARRIED

COMMUNICATIONS:

1.

2006-395

POLICE BOARD SECRETARY, November 22, 2006 Re 2007 Provisional Budget—Oak Bay Police Board

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the 2007 Police Board provisional budget be incorporated into an amended five year financial plan for the Municipality and referred to Estimates Committee.

Noting that it might be assumed that the Police Department budget would decrease with the proposed service enhancement contract in the District of Saanich, a member of Council noted that this did not appear to be the case. Mayor Causton, Police Board Chair, explained that the contract with Saanich would not show a reduction in expenses as it would be an enhancement of police service versus replacement of service. In particular, said Mayor Causton, the service enhancement would provide more specialized detective work and other specialized services. Additionally, a flat fee would be paid as “insurance” against homicide investigation, should that be required.

Mayor Causton noted that traffic fine revenue would help offset costs for the service enhancement.

Mayor Causton advised that the Oak Bay Police Department is holding a Public Meeting at the Windsor Park Pavilion on Tuesday, December 5, 2006 at 7:00 p.m. regarding the proposed police service enhancement contract with the District of Saanich.

The question was then called.

CARRIED

2.

2006-396

CITY OF VICTORIA, November 14, 2006 Re Pesticide Use Reduction Education Program

Attention was drawn to the letter from the Mayor of the City of Victoria suggesting that local municipalities work together to introduce a pesticide use reduction education program for the public in the Capital Region.

Following discussion, the view was expressed that pesticide use reduction education is a worthy undertaking that would best be approached on a regional basis. Members of Council noted that as it was not clear exactly what Mayor Lowe was requesting, it would be helpful if Mayor Causton spoke with Mayor Lowe in this regard.

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That correspondence item no. 2006-396 be received.

The question was then called.

CARRIED

3.

2006-397

DIRECTOR OF BUILDING AND PLANNING, November 7, 2006 Re Boulevard Encroachment Application – 137 Barkley Terrace

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That approval be given for a boulevard encroachment agreement for 137 Barkley Terrace for the purpose retaining an existing garage, as shown on the sketch attached to correspondence item no. 2006-397, subject to the owners entering into a boulevard encroachment agreement on terms set by the Municipality.

CARRIED

4.

2006-398 2006-398-1

MUNICIPAL CLERK, November 23, 2006 MUNICIPAL CLERK, December 4, 2006 Re Sea of Lights Centennial Event

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the activities planned for Willows Beach in relation to the Sea of Lights Municipal Centennial event to be held December 8, 2006, including the lighting of a bonfire pursuant to Section 46 of the Fire Regulation Bylaw where the Fire Chief has approved a fire management plan, be approved, and further, that a grant in the amount of $200.00, to be paid out of the Centennial Budget, be provided to the Kiwanis Club for the Sea of Lights Centennial Event.

CARRIED

5.

2006-399

ROBERT MEEHAN, November 23, 2006 Re Animal Control Bylaw – Cats at Large

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That correspondence item no. 2006-399 be received.

CARRIED

6.

2006-400 2006-400-1 2006-400-2 2006-400-3 2006-400-4 2006-400-5 2006-400-6 2006-400-7 2006-400-8 2006-400-9 2006-400-10 2006-400-11 2006-400-12 2006-400-13 2006-400-14

OAK BAY GREEN COMMITTEE, November 22, 2006 REBECCA WARBURTON, November 23, 2006 ELIZABETH AND JOHN KNIGHT, November 23, 2006 CAROLYN CHODECK, November 23, 2006 BRITT KARLSTROM AND JONATHAN SWOVELAND, November 24, 2006 CASPAR DAVIS, November 24, 2006 PHILIP SYMONS, November 24, 2006 JILL STAINFORTH, November 24, 2006 MARION AND BRUCE CUMMING, November 23, 2006 TERRI HUNTER, November 25, 2006 PATRICIA AND MALCOLM MACLURE, November 25, 2006 ANITA GILMORE, November 23, 2006 MUNICIPAL ADMINISTRATOR, November 28, 2006 PAMELA MILBURN, November 25, 2006 LINDEN AND DENISE HOLMEN, December 3, 2006 Re Motion Proposed by Councillor Jensen to Establish a Task Force on Climate Change

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence items no. 2006-400 to 2006-400-14 be received.

CARRIED

7.

2006-401

OAK BAY BUSINESS IMPROVEMENT ASSOCIATION, November 27, 2006 Re Request to Reschedule Plans for Oak Bay Christmas Festival for December 10, 2006

It was noted that the Oak Bay Business Improvement Association was requesting permission to re-schedule the road closures and events originally approved for November 26, 2006 for the Christmas Festival to December 10, 2006, at the same times as originally approved.

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the Oak Bay Business Improvement Association request for road closures and occupancies in relation to the Light Up activities for the Christmas Festival to be held on December 10, 2006 be approved, subject to the same terms and conditions attached to the original approval.

CARRIED

8.

2006-383 2006-383-1

MARK STUART, October 24, 2006 LUCIE STUART, October 24, 2006 Re Proposed Purchase of Part of Maquinna Road Right of Way

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That correspondences item no. 2006-383 and 2006-383-1 be received.

CARRIED

REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:

Mayor Causton reported that the number of Capital Regional District sewage treatment meetings have been increasing in order to have a report prepared for the Ministry by the end of December.

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Greater Victoria Public Library 2007 Provisional Operating Budget

Councillor Copley asked that Mayor and Council review the Greater Victoria Public Library provisional operating budget for 2007, as previously received, and provide any questions or comments for her to bring forward at the Greater Victoria Public Library Board meeting next Tuesday.

Oak Bay Green Committee – Trial Soft Plastic Recycling Program

Councillor Braithwaite commented that the trial soft plastic recycling program, temporarily being held at Carnarvon Park and initiated by the Oak Bay Green Committee, has been well received. Discussion followed regarding a possible permanent ‘home’ to facilitate soft plastic recycling in Oak Bay, and the Municipal Administrator said that any area other than the Public Works Yard would require re-zoning for such a program.

It was noted by Mayor Causton that a report on the trial soft plastic recycling program will be forthcoming from the Oak Bay Green Committee in early 2007 and it was suggested that further consideration of the program could be discussed at that time. It was also noted that it would be useful if the report contained information gathered from Carnarvon Park area residents regarding their thoughts on the trial program.

Oak Bay Centennial Committee

Councillor Herbert provided an update on the Centennial Committee’s events, noting that the Ultimate Tango held in November raised $26,600 towards furnishings for the new Windsor Park Pavilion.

The Committee is preparing a Time Capsule to commemorate Oak Bay’s 100^th Birthday, to be placed at Queens’ Park in January 2007. One of the items to be placed in the capsule is a book that will be distributed around the Municipality for signatures and comments. The book, it was noted, has been located in the main entrance at the Municipal Hall.

TABLED:

Development Variance Permit – 975 Beach Drive

MOVED by Councillor Cassidy

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 in respect to Lot 7, Section 73, Victoria District, Plan 3310 (975 Beach Drive) that will vary section 4.15.1 of the Zoning Bylaw, 1986, as amended, to permit the siting of a paved surface which will cover 46.7% of the front yard, in accordance with the plans considered by Committee of the Whole on November 6, 2006.

CARRIED

The question on the main motion was then called.

CARRIED

MOTIONS/RESOLUTIONS:

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 8:22 p.m.

Development Variance Permit Application—3160 Humber Road

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 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.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the resolution in respect to the Development Variance Permit for 3160 Humber Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Councillor Cassidy returned to the meeting at 8:23 p.m.

Development Variance Permit Application—2086 Chaucer Street

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, 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.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the resolution in respect to the Development Variance Permit for 2086 Chaucer Street be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Development Permit with Variance Application—677 St. Patrick Street

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, 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.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the resolution in respect to the Development Permit with variance for 677 St. Patrick Street be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Approval of Course Fee —The Global Climate Crisis: Seeking Solutions that Work,

December 2, 2006

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That payment of the fee of $95.00 plus GST for Councillor Jensen’s attendance at the December 2, 2006 Royal Roads University The Global Climate Crisis: Seeking Solutions that Work one day course be approved.

CARRIED

Motion Proposed by Councillor Jensen to Establish a Task Force on Climate Change

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That:

WHEREAS climate change is an issue of vital local, national and global importance;

WHEREAS Canada is a signatory to the Kyoto Protocol on Climate Change that has committed Canadians to reduce greenhouse gases by six per cent from 1990 levels by the period 2008-2012;

WHEREAS local initiatives aimed at energy conservation and efficiency will help reduce greenhouse gas emissions as well as contribute to the protection of public health and the creation of a sustainable community;

AND WHEREAS Oak Bay does not have an action plan to deal with climate change;

THEREFORE BE IT RESOLVED THAT

1. The Mayor establish a Task Force on Climate Change.

2. The Task Force be composed of councillors and residents of Oak Bay.

3. The Task Force be mandated to make recommendations that will allow the municipality of Oak Bay and its residents to meet and exceed the greenhouse gas emission reductions set out in the Kyoto Protocol.

4. That the Task Force be specifically mandated to make recommendations for the creation of an action plan that addresses municipal operations, municipal bylaws and public education.

Further to Councillor Jensen’s proposed motion to establish a task force on climate change, he commented that he felt it was time for the District of Oak Bay to address this issue. Councillor Jensen read from several letters received regarding climate change and shared statistics on the effects of global warming.

Councillor Jensen proposed that the task force on climate change report to the Committee of the Whole by June 2007 with prioritized initiatives to help fight against climate change and recommended methods to achieve the goals set out by the group that would ideally include Councillors and residents of Oak Bay.

Attention was drawn to the Municipal Administrator’s memorandum, item no. 2006-400-12, which indicates that should a climate change task force require staff support, most likely from the Engineering Department, it could not be provided given the current workload and staffing of that department. In response, some Council members noted that members of the community have already expressed their willingness to get involved in various ways with such a task force and to move forward with an action plan.

It was noted that the District of Oak Bay has, over the years, undertaken various environmental initiatives as indicated in item no. 2006-400-12 and as discussed, such as banning outdoor burning, installing energy-reducing street lighting, and implementing various landfill-reducing programs. Mr. Cochrane pointed out that staff could be directed to explore “green options” and report on them when bringing forward recommendations for Council’s consideration.

Further discussion followed regarding budget implications, the process of structuring the task force, establishing global perspective climate change guidelines for residents and the Municipality to put into practice, and exploring collaborative-driven “green options” whenever Municipal decisions are considered. The view was expressed that while addressing climate change was important, it was unclear how exactly the proposed task force would work and what its mandate would be. Concerns were also raised regarding the impact such a task force would have on staff.

Councillor Jensen said that he sees the proposed task force putting together a “best practices” model to be used when Council is making decisions that affect Climate Change. Further, he said, the work of the task force would result in recommended changes to Bylaws and operations as well.

Mayor Causton suggested that prior to establishing the proposed task force, further effort needs to be put into developing guidelines for the task force that would outline the structure of the task force and how it would collaborate with staff. Additionally, a reporting scheme should be developed. A task force, said Mayor Causton, needs full support from staff and the community.

It was suggested that the scope of the proposed task force seemed to be quite wide, and that to start with, the focus should be narrowed.

There was further discussion regarding the proposed task force, and while support for addressing climate change issues was noted by Council members, it was suggested by Mayor Causton that consideration of the formation of the task force be put on hold until some sort of terms of reference for one were developed. The mandate of the proposed task force needs to be clear, he said. There was support to table the motion to enable Councillor Jensen to explore possible terms of reference for the proposed task force and report back on a proposed committee structure, addressing time lines for the task force and its anticipated financial implications.

Moved by Councillor Herbert

Seconded by Councillor Cassidy, That the motion to establish a task force on climate change be tabled.

Mayor Causton noted that Council seems to have expressed its support for the preamble to the proposed motion, however, the question is how to best approach the issue in a way that fits with the community.

The question was then called.

CARRIED

BYLAWS:

Bylaw No. 4334

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4334, Maquinna Road Stopping Up, Closing and Removing of Highway Dedication Bylaw, 2006, be adopted.

CARRIED

Bylaw No. 4333

Attention was drawn to Council’s previously expressed concerns regarding residents being responsible for the costs relating to the connection fee to remedy stormwater-to-sanitary sewer cross connections and the time frame in which they would have to be completed, as laid out in the Sewer Bylaw amendment. At that time, staff was requested to prepare a possible amendment to waive the connection fee if Council so wished and to increase the time permitted to comply with the bylaw once an order had been issued by the Director of Engineering Services to undertake the work necessary to eliminate the cross connection.

It was noted that previously the Engineering Department had given a rough estimate of five or six residents that would have to remedy cross-connection in the test areas for the inflow and infiltration project. The Director of Engineering Services pointed out that as testing progresses the estimate is closer to 35 houses that could be affected. It was acknowledged that this increase in affected properties would have significant costs to the Municipality associated with it should the connection fees be waived for all the affected properties in the test area.

The Committee considered another option to lessen the burden to the homeowner with respect to connection fees by suggesting that 50% of the fee be waived for a limited time for those properties affected by the Bylaw in the test areas where the Director of Engineering Services orders that the cross-connection be eliminated in relation to the inflow and infiltration project.

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4333, Public Sewer Bylaw Amendment Bylaw, 2006, be amended in Section 3 as follows:

1. by deleting “sixty (60) wherever it appears and substituting “ninety (90)”; and

2. by adding a new Paragraph (7) as follows:

“(7) by adding the following paragraph:

“(h) Paragraph (d) notwithstanding, where the elimination of a storm water lateral-to-sanitary sewer main connection made prior to 1990 requires the pumping of storm water from a parcel into the storm sewer main, the connection fee set out in Schedule “A” shall be reduced by one-half for the new connection to the storm sewer main, provided that the elimination of the storm water lateral-to sanitary sewer main connection is completed before December 31, 2007 or the end of the period specified in a notice from the Engineer pursuant to paragraph (c), whichever comes first.”

CARRIED

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4333, Public Sewer Bylaw Amendment Bylaw, 2006, as amended, be read a third time.

CARRIED

Bylaw No. 4332

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4332, Animal Control Bylaw Amendment Bylaw, 2006, be introduced and read a first time.

In response to Susan Roundtree, 1684 Hampshire Road asking if the bylaw requires cats to be locked indoors, it was noted that under the proposed Bylaw, cats are permitted to be outdoors but confined to private property where permitted by the owner. Ms. Roundtree expressed her concerns that the rodent population would increase if cats are confined.

It was noted that the existing bylaw already prohibits cats being at large. The amendment being considered would take it a step further to accommodate making cats at large a ticketable offence.

Robert Meehan, 1034 Crescent Road, expressed that his concerns regarding the small number of irresponsible cat owners that allow their pets to wander freely and use gardens as litter boxes.

The question was then called.

DEFEATED

(Mayor Causton, Councillors Braithwaite, Cassidy, and Herbert against the motion)

Concerns were expressed regarding the proposed amendment to allow ticketing for cats at large, and it was the majority view of Council that such measures did not seem to be warranted at this time. It was further noted that, in light of the upcoming new contract for animal control service