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, February 11, 2008 at 7:30 p.m.

 

PRESENT:

Acting Mayor J. D. Herbert, Chairman

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor A. R. Cassidy

Councillor P. Copley

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Director of Building and Planning, N. Beattie

Municipal Treasurer, P. A. Walker

Director of Engineering Services, D. Marshall

 

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

 

MINUTES OF MEETINGS:

 

Council – January 28, 2008

 

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That the minutes of the Council meeting held on Monday, January 28, 2008, be adopted.

 

CARRIED

 

Committee of the Whole February 4, 2008

 

MOVED by Councillor Copley

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Monday, February 4, 2008, and the recommendations contained therein, be adopted.

 

CARRIED

 

COMMUNICATIONS:

 

 

1.

2008-37

 

SMITH DESIGNS, February 7, 2008

Boulevard Encroachment Application, 151 Denison Road (re February 4  Committee of the Whole Item No. 2008-34)

 

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That permission be granted for an encroachment onto the boulevard adjacent to 151 Denison Road for the purpose of landscaping and the construction of a parking area, as shown on the sketch attached to correspondence item no. 2008-37, subject to the owners taking out any required irrigation permit and executing a boulevard encroachment agreement in a form satisfactory to the Municipality.

 

Attention was drawn to the revised plans for a boulevard encroachment for 151 Denison Road, which removed the originally proposed border plantings along Denison Road in response to concerns raised by Committee of the Whole at the February 4, 2008 meeting with resepect to the plantings creating the visual impression that the proposed parking area was not public property.  The proposed parking area, it was noted, would not be for the exclusive use of the adjacent property owner.

 

The question was then called.

 

CARRIED

 

2.

2008-38

 

YOUTH CHOIR 61, January 24, 2008

Request for Grant

 

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That the grant request in the amount of $200 for the Youth Choir 61 be referred to Estimates Committee.

 

CARRIED

 

3.

2008-39

 

OAK BAY TOURISM COMMITTEE, January 30, 2008

Request to Conduct Fund-Raising Sale on Public Property

 

MOVED by Councillor Braithwaite

Seconded by Councillor Carson, That permission be given to the Oak Bay Tourism Committee to conduct a palm tree sale on the front lawn of the Oak Bay Municipal Hall from 9 a.m. to 2:00 p.m. on Saturday, April 19, 2008, subject to the Oak Bay 5th Garry Oak Scouts and the Oak Bay Rotary Club being the recipients of the proceeds.

 

It was acknowledged that the Committee also planned to provide free Garry oak tree seedlings to palm tree purchasers should they be available, which was met with support from members of Council.

 

The question was then called.

 

CARRIED

 

 

4.

2008-40

UNION OF BC MUNICIPALITIES, January 31, 2008

Invoice for Annual Membership Dues

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That approval be given for the payment of Union of British Columbia Municipalities membership dues for 2008 in the amount of $8,417.37.

 

CARRIED

 

5.

2008-41

INTERMUNICIPAL ADVISORY COMMITTEE ON DISABILITY ISSUES, January 29, 2008

Employment of Persons With Disabilities: Provincial “10 X 10” Challenge

 

Responding to questions from Council, the Municipal Administrator recalled that Council had discussed this program briefly in conjunction with making an application to the “2010 Legacies Now” Measuring Up Accessibility and Inclusion Funding Program.  It was felt by Councillor Copley that participation in the 10 X 10 challenge went hand in hand with the Measuring Up grant application.  Council, he noted, chose not to participate in the program at that time.  A formal request, he said, has since been received by the western communities Intermunicipal Advisory Committee on Disability Issues (IACDI) for Council to formally endorse the program.   

 

There was discussion regarding the program, the goal of which is to increase employment of persons with disabilities in British Columbia’s communities by 10 percent by the year 2010, and Mr. Cochrane pointed out that it appears the program envisages the Municipality engaging its own departments as well as other Oak Bay employers in the Challenge, undertaking a wide variety of initiatives, which raises concerns regarding Oak Bay’s capacity to participate in the program in this manner.

 

There was agreement that although Oak Bay may not have the resources to undertake the activities suggested in relation to the Challenge, it was a program well worth endorsing.  In this regard, Mr. Cochrane noted that a sample proclamation to endorse the program had been provided by the IACDI.

 

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That a proclamation endorsing the Province of British Columbia’s 10 X 10 Challenge be issued.

 

It was noted that staff would advise the University of Victoria and the Oak Bay Parks and Recreation Department, who employ large numbers of people, of Council’s support of the program, and supply the information provided on various suggested initiatives in relation to the program for consideration.

 

The question was then called.

 

CARRIED

 

 

6.

2008-42

DEMEZEY MEMORIAL ABBEYFIELD HOUSING SOCIETY,

February 1, 2008

Request for Permissive Tax Exemption, 931 Foul Bay Road

 

Noting that the deadline for granting tax exemptions for the 2008 year has passed, it was suggested by a member of Council that consideration be given to providing a grant to the Society to help offset its taxes on the property located at 931 Foul Bay Road.

 

Dorothy Youldon and Fred Jock of the Demezy Memorial Abbeyfield Housing Society were in attendance and provided the current financial picture of the Society, drawing attention to the need for funding assistance to help pay the property taxes.  The property, they noted, was donated for the benefit of seniors social housing and required a great deal of work to bring it up to the required standards, with the Society incurring large expenses in this regard.

 

Specifically, Mr. Jock noted that the Society is requesting assistance to pay the difference in property taxes from 2006 and 2008, noting that the jump between 2006 and 2007 was significant, and even more of an increase is expected for 2008 taxes.

 

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That the request for financial assistance representing the difference between the property taxes for 931 Foul Bay Road from 2006 to 2008 be referred to Estimates Committee.

 

CARRIED

 

TABLED:

 

Development Variance Permit – 3023 Beach Drive

 

MOVED by Councillor Cassidy

Seconded by Councillor Copley, 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 3023 Beach Drive (Lot 2, Section 31, Victoria District, Plan 4855), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the siting of a building:

 

Bylaw Section

Required

Requested

Variance

 

 

 

 

6.2.4.(2)(c) & Schedule “C”

Minimum Interior Side Lot Line Setbacks

 

3.96 m

 

2.52 m

 

1.44 m

 

 

 

 

6.2.4.(2)(e) & Schedule “C”

Minimum Total of Side Lot Line Setbacks

 

 

9.75 m

 

5.53 m

 

4.22 m

to accommodate additions and renovations to the dwelling, as more particularly shown on the plans attached to Committee of the Whole agenda item #2008-21, being a memorandum from the Director of Building and Planning dated January 3, 2008.

 

CARRIED

 

The question on the main motion was then called.

 

CARRIED

BYLAWS:

 

For First, Second and Third Readings

 

Bylaw No. 4400

 

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That Bylaw No. 4400, Lane Stopping Up, Closing and Removing of Highway Dedication  Bylaw No. 1, 2008 be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That Bylaw No. 4400, Lane Stopping Up, Closing and Removing of Highway Dedication  Bylaw No. 1, 2008 be read a second time.

 

CARRIED

 

 

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4400, Lane Stopping Up, Closing and Removing of Highway Dedication  Bylaw No. 1, 2008 be read a third time.

 

CARRIED

 

Bylaw No. 4403

 

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That Bylaw No. 4403, Public Sewer Bylaw Amendment Bylaw No. 2, 2008 be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That Bylaw No. 4403, Public Sewer Bylaw Amendment Bylaw No. 2, 2008 be read a second time.

 

CARRIED

 

 

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That Bylaw No. 4403, Public Sewer Bylaw Amendment Bylaw No. 2, 2008 be read a third time.

 

CARRIED

 

For First and Second Readings; Setting of Public Hearing Date

 

Bylaw No. 4396

 

MOVED by Councillor Copley

Seconded by Councillor Cassidy, That Bylaw No. 4396, Seventy-Eighth Zoning Bylaw Amendment Bylaw, 2008 be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Copley

Seconded by Councillor Cassidy, That Bylaw No. 4396, Seventy-Eighth Zoning Bylaw Amendment Bylaw, 2008 be read a second time.

 

CARRIED

 

Bylaw No. 4401

 

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That Bylaw No. 4401, Seventy-Ninth Zoning Bylaw Amendment Bylaw, 2008 be introduced and read a first time.

 

CARRIED

 

 

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That Bylaw No. 4401, Seventy-Ninth Zoning Bylaw Amendment Bylaw, be read a second time.   

 

CARRIED

 

 

Bylaw No. 4402

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That Bylaw No. 4402, 2050 Edgecliffe Place Heritage Designation Bylaw, 2008 be introduced and read a first time.

 

CARRIED

 

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That Bylaw No. 4402, 2050 Edgecliffe Place Heritage Designation Bylaw, 2008, be read a second time.

 

CARRIED

 

Public Hearing

 

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That a public hearing on Bylaws No. 4396, 4401 and 4402 be held at the Oak Bay Municipal Hall, on March 10, 2008, at 7:30 p.m., and that notice be given in accordance with the Local Government Act.

 

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 8:07 p.m.

 

 

Certified Correct:

 

 

 

_______________________________

Municipal Clerk

 

 

_______________________________

Acting Mayor