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, February 12, 2007 at 7:30 p.m.

 

PRESENT:

Mayor C. M. Causton, Chairman

Councillor H. Braithwaite

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

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 7:30 p.m. 

 

MINUTES OF MEETINGS:

 

Council – January 22, 2007

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the minutes of the Council meeting held on Monday, January 22, 2007, be adopted.

 

CARRIED

 

Committee of the Whole February 5, 2007

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the minutes of the Committee of the Whole meeting held on Monday, February 5, 2007, and the recommendations contained therein, be adopted.

 

CARRIED

 

COMMUNICATIONS:

 

1.

     --

 

2007-34

2007-34-1

2007-34-2

EXCERPT FROM MINUTES OF MEETING OF COUNCIL,

January 22, 2007

MUNICIPAL TREASURER, January 17, 2007

OAK BAY LAWN BOWLING CLUB, November 10, 2006

OAK BAY LAWN BOWLING CLUB, January 15, 2007

Re Request for Grants

 

(Gary Suter, Second Vice President and Harnam Grewal, Past President, Oak Bay Lawn Bowling Club were in attendance for this item)

 

With respect to the grant request in addition to the $20,000 already approved by Council at the last meeting, Mr. Suter explained that the grant in the amount of $6,712 was being requested to undertake drainage hookup work for the equipment wash down area at the club house as well as to install concrete in that area.  The concreted area, said Mr. Suter, would create a cleaner appearance.

 

Responding to questions from Council, Mr. Suter advised that should gravel be used for now, and concrete installed at a later date, the renovations would then be complete and the access road that is currently there which would help to provide access for pouring the concrete would be gone, making the work much harder to do at that time. 

 

The view was expressed that creative ways should be explored to keep the water from the washdown area from entering the storm drain as was planned, and keep it on site.

 

It was noted that due to weather delays, the proposed work would not likely be undertaken until mid May, leaving time for the request to be considered by Estimates Committee.

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the request from the Oak Bay Lawn Bowling Club for funding in the amount of $6,712 be referred to Estimates Committee.

 

In response to questions from Council, Mr. Suter noted that the plans originally called for a concrete wash own area, however, in order to cut costs this was changed to gravel.  Subsequent to that, he said, it was suggested that concrete would be a better surface, resulting in a grant request to pay for the concrete and drainage hookup work.

 

The concrete area, noted Mr. Suter, would also be used for trucks making sand deliveries, which is more suitable than a gravel surface over time.

 

 

The question was then called.

 

CARRIED

 

2.

2007-46   

MUNICIPAL TREASURER, January 29, 2007

Re Request for Early Approval of Police Department Firewall Device

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That early spending approval be given for the Police Department capital purchase of a police firewall device as outlined in the memorandum from the Municipal Treasurer dated January 29, 2007.

 

CARRIED

 

3.

2007-47

THE ROYAL CANADIAN LEGION, January 23, 2007

Re Request for Grant

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the request from the Royal Canadian Legion for a grant be referred to Estimates Committee.

 

CARRIED

 

 

 

4.

2007-48

TOURISM VICTORIA, January 31, 2007

Re Request for Grant

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That a 2007 operating grant in the amount of $6,750 to Tourism Victoria be approved, and that the balance of the request be referred to Estimates Committee.

 

CARRIED

 

5.

2007-49

MUNICIPAL TREASURER, February 8, 2007

Re Heritage Foundation Grant

 

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That Council approve receipt of funds in the amount of $802.57 from the Victoria Foundation, and that a grant in that amount be made to the Oak Bay Heritage Foundation.

 

CARRIED

 

6.

2007-50

 

MUNICIPAL CLERK, February 8, 2007

Re 1.    Distribution of Surplus Funds – 2006 Centennial Committee

2.    Community Initiatives Committee – Spirit Square Funding Application

 

Councillor Herbert provided an overview of the recommendations of the Centennial Committee with respect to the disbursement of surplus funds from the Committee’s activities, as contained in correspondence item no. 2007-50.

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the general municipal surplus resulting from the activities of the Centennial Committee be distributed as follows:

 

Community Initiatives Committee             $10,000

Oak Bay Community Archives                  $10,000

BC Spirit Square Grant Application

(Municipal 50% share)                              $  5,000

TOTAL                                                      $25,000

 

With respect to the grant application for a “spirit square” it was noted that at this point there are various potential locations for such a square, and that further discussion in that regard would be required.   

 

The question was then called.

 

CARRIED

 

 

 

 

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That staff be authorized to submit an application for a grant under the Province’s “Spirit Square” program to provide funding in the amount of 50% of the estimated $10,000 cost of the Phase 1 Project Planning, Feasibility and Design of a Spirit Square and that in the event the application is successful, Council commit to the funding of its 50% portion from municipal sources. 

 

CARRIED

 

7.

2007-51

2007-51-1

 

2007-51-2

2007-51-3

2007-51-4

2007-51-5

2007-51-6

2007-51-7

2007-51-8

2007-51-9

2007-51-10

2007-51-11

2007-51-12

2007-51-13

COUNCILLOR JENSEN, February 4, 2007

UNIVERSITY OF VICTORIA SUSTAINABLILITY PROJECT, December 1, 2006

JENNA WIGHT, January 25, 2007

MARYA NIJLAND, January 26, 2007

DAVID BLACOE, January 28, 2007

OAK BAY GREEN COMMITTEE et al, January 29, 2007

ALLIE JOHNSON, February 1, 2007

BRITT KARLSTROM, February 4, 2007

JOHNATHAN SWOVELAND, February 4, 2007

CATHERINE BACON, February 5, 2007

DENISE SAVOIE, February 8, 2007

KAREN EGGER, February 5, 2007

JORDEN LEIGHTON, February 5, 2007

IAN P. GRAEME, February 8, 2007

Re Tabled Resolution: Proposed Task Force on Climate Change

 

Councillor Jensen drew attention to the motion he proposed on October 30, 2006, which was tabled at that time in order to allow him some time to work on terms of reference for the proposed task force, and to report back on a proposed committee structure and proposed timelines for the task force and its anticipated financial implications.

 

Councillor Jensen indicated that, with assistance from the Municipal Administrator, he has prepared terms of reference that in general include gathering and examining green house gas emission data, identifying the potential areas for green house gas emission reduction, creating a common vision with respect to green house gas reduction goals and making recommendations for the creation of a climate change action plan.

 

He went on to note that he proposes a budget of $2,300, based on his calculations for meetings of the Task Force, be approved for secretarial and research costs, and that the Task Force report back to Council within six months of its first meeting.

 

Councillor Jensen noted that he wished for his original motion to be amended to incorporate the new information presented in his memorandum (correspondence item 2007-51) as described previously, for which support was noted by members of Council.

 

There was further discussion regarding the information presented by Councillor Jensen, and it was felt that consideration should be given to doubling the proposed budget for secretarial and research costs of the proposed Task Force to ensure that it has the support it needs to be successful.

 

Members of the Oak Bay high school environmental club presented Council with a painted banner, on which was painted suggestions from Community members with respect to ways to reduce greenhouse gases.  Council thanked the students for the banner.

 

There was consensus to amend the order of the agenda.

 

Proposed Task Force on Climate Control

 

MOVED by Councillor Jensen

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

 

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.

 

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

 

  1. 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.

 

  1. 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.

 

CARRIED

 

Moved by Councillor Herbert

Seconded by Councillor Copley, That the motion be amended to delete number 3 and number 4 and replace them with the following:

 

3.   That the Terms of Reference for the Task Force be as follows:

 

            The core work of the Oak Bay Climate Change Task Force will be as follows:

 

           

 

            Data Gathering

 

            Examine and summarize base line Green House Gases (GHG) emission data for the Municipality using sources such as the Capital Regional District’s GHG emission inventory.

 

            Examine and summarize GHG reduction initiatives and audits previously undertaken within the municipal organization.

 

            Identify Potential for GHG Emission Reduction

 

            Identify general areas where the Municipality has the capacity to take climate change action within its own organization (e.g. fleet management, building energy efficiency).

 

            Identify general areas where the Municipality has the capacity to empower and encourage climate change action within the community at large (e.g., waste reductions, green transportation).

 

            Identify potential for climate change regulatory initiatives within the jurisdiction of local government.

 

            GHG Reduction Goals – Creating a Common Vision

 

            Drawing from the experience in comparable Canadian communities, recommend realistic short term and medium term targets for corporate and community GHG emission reduction by source.

 

            A Climate Change Action Plan

 

            Make recommendations for the creation of a Climate Change Action Plan in particular:

 

·         Advise on the financial and human resources required to develop a local action plan designed to meet the corporate and community targets;

·         advise on sources of funding for the development of a local Action Plan; and

·         prepare funding applications following Council approval of Action Plan.

 

      4.               That the Task Force structure be made up of nine members as follows:

·         Mayor;

·         one or two Councillors appointed by the Mayor;

·         one member of the Parks and Recreation Commission in recognition of the significant role the Parks and Recreation Department plays in the community including the number of facilities it operates; and

·         five or six Oak Bay residents.

 

5.               That the Task Force be requested to report back to Council within six months of its first meeting.

 

6.      That a budget of $2,300 be approved for the Task Force

 

CARRIED

It was noted that inasmuch as there was currently no budget for the Task Force, staff would make the necessary changes to establish the recommended budget and bring forward a referral to estimates Committee as well for an additional $2,300.

 

 

The question on the main motion was then called.

CARRIED

 

 

8.

2007-52

 

ERIC AND CARMELLE NIELSEN, January 29, 2007

Re Tabled Resolution: Development Variance Permit – 925 Foul Bay Road

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That correspondence item no. 2007-52 be received.

 

CARRIED

 

9.

2007-53

2007-53-1

2007-53-2

2007-53-3

2007-53-4

2007-53-5

ANNLEY KELLY, January 26, 2007

LILY AND ALEX HYLAN, February 1, 2007

ELIZABETH GURNEY, February 6, 2007

BERYL AND HARRY BORRIS, February 7, 2007

DAPHNE MACGREGOR-GREER, February 9, 2007

BETTY BAYAT, February 12, 2007

Re Tabled Resolution: Development Variance Permit – 2397 Lincoln Road

 

Councillor Cassidy left the meeting at 8:45 p.m., citing the possibility of a perceived bias as one of his employees is a relative of the applicant.

 

In response to the letters received regarding the development variance application, and at Council’s request, the Municipal Clerk explained that there appeared to be a misunderstanding amongst some of the neighbours of the property at 2397 Lincoln Road.  In essence, she said, the applicants are requesting a variance to relax the requirement for two on-site parking spaces, one of which is required to be within a building.  It was originally thought by the owners, she said, that the new building off the lane at the back of the property would satisfy this requirement.  However, she said, because the lane is not improved for vehicle traffic access to the new garage could not be considered a “driveway access” therefore the building could not be considered as a garage to provide the required covered parking space.  What appears to be a concern of the neighbours, she said, is that the lane is going to be improved when in fact that is not the case.

 

Mayor Causton pointed out that the result of the variance being granted would be preservation of the lane in its present state.

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That correspondence item no. 2007-53 to 2007-53-5 be received.

 

CARRIED

 

Development Variance Permit – 2397 Lincoln 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 2397 Lincoln Road (LOT 9, BLOCK 12, SECTION 2, VICTORIA DISTRICT, PLAN 379), that will vary the Parking Facilities Bylaw, 1986 in Section 4.7 to reduce the number of required parking spaces from two to one and in Section A.1.(a) to Schedule A, to relax the requirement that one-half (1/2) of the required parking spaces for a one-family residential use dwelling be contained within a building.

 

CARRIED

The question on the main motion was then called.

 

CARRIED

 

Councillor Cassidy returned to the meeting at 8:50 p.m.

 

 

REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:

 

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

 

CUTA (Canadian Urban Transit Association) Transit Awareness Day

 

Mayor Causton reported on his recent visit to Ottawa for the above noted event, saying that participants met with MP’s and Senators and were well received, raising the profile of transit in federal circles.

 

Greater Victoria Public Library Board

 

Councillor Copley noted that she attended a strategic planning session with the Greater Victoria Public Library Board that saw the Board collectively demonstrate a strong willingness towards consensus and a desire for creative and proactive problem solving.  The Board is cognizant of need for greater accountability to its Municipal partners, she said, as reflected in at least two of its new strategic objectives being to promote positive relations with Municipal partners and to demonstrate value for dollars to the members.

 

TABLED:

 

Development Variance Permit – 925 Foul 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 variance permit with respect to Lot A of the proposed bare land strata subdivision of 925 Foul Bay Road (Lot 1, Sections 23 and 68, Victoria District, Plan 2600, except parts in Parcel A (DD 239888-I) and in Plan 10577), which would vary the requirements of Bylaw No. 3531, Zoning Bylaw, 1986, as follows:

 

Bylaw Section

Required

Requested

Variance

6.4.4.(2).(b) Minimum

Rear Lot Line Setback

7.62 metres

7.42 metres

0.20 metres

 

substantially as shown on the sketch plan appended to Committee of the Whole agenda item #2007-27, being a memorandum from the Director of Building and Planning dated December 19, 2006, upon the applicant satisfying all conditions of preliminary approval set out by the Approving Officer, and registration of the subdivision plan.

 

CARRIED

The question on the main motion was then called.

 

CARRIED

 

RESOLUTIONS:

Attendance at the Association of Vancouver Island and Coastal Communities 2007 Convention

 

Moved by Councillor Jensen

Seconded by Councillor Braithwaite, That Council approve the attendance of Mayor Causton and Councillors Braithwaite, Carson, Cassidy, Copley, Herbert, and Jensen, at the Association of Vancouver Island and Coastal Communities 2007 Convention in Qualicum Beach, BC, from April 13-15, 2007, and the payment of expenses necessarily incurred by them.

 

CARRIED

BYLAWS:

 

For Adoption

 

Bylaw No. 4345

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4345, Building and Plumbing Bylaw Amendment Bylaw No. 1, 2007, be adopted.

 

CARRIED

 

Bylaw No. 4346

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4346, Ticket Information Utilization Bylaw Amendment Bylaw No. 2, 2007, be adopted.

 

CARRIED

 

 

 

 

For First, Second and Third Reading

 

Bylaw No. 4349

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4349, Streets and Traffic Bylaw Amendment Bylaw No. 2, 2007, be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4349, Streets and Traffic Bylaw Amendment Bylaw No. 2, 2007, be read a second time.

 

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4349, Streets and Traffic Bylaw Amendment Bylaw No. 2, 2007, be read a third time.

 

CARRIED

 

For First and Second Reading and Setting of Public Hearing Date

 

Bylaw No. 4348

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4348, Uplands Regulations Bylaw Amendment Bylaw, 2007, be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4348, Uplands Regulations Bylaw Amendment Bylaw, 2007, be read a second time.

 

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That a public hearing on Bylaw 4348 be held in the Council Chambers, Oak Bay Municipal Hall, 2167 Oak Bay Avenue on Monday, February 26, 2007 at 7:30 p.m., and that notice be given in accordance with the Local Government Act.

 

CARRIED

 

Responding to questions from Council, the Municipal Administrator advised that a public hearing could be delayed for a couple of months until such time as any other public hearings are scheduled, such as for a potential rezoning of property to allow soft plastic recycling, to save costs.

 

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the motion to set a date for a public hearing on Bylaw 4348 on February 26, 2007 be rescinded, and that a new date be brought forward for consideration in the future.

 

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 an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity; and personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the Municipality or another position appointed