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 27, 2006.

PRESENT:	Mayor C. M. Causton Councillor H. Braithwaite Councillor S. F. B. Carson Councillor A. R. Cassidy Councillor P. Copley Councillor J. D. Herbert
STAFF:	Municipal Administrator, W. E. Cochrane Municipal Clerk, L. Hilton Executive Secretary, D. Beesley Municipal Treasurer, P. A. Walker Municipal Engineer, S. G. Pitt

Mayor Causton called the meeting to order at 7:35 p.m.

Development Variance Permit, Proposed Subdivision—200 and 230 King George Terrace

Mayor Causton asked Council if it wished to defer consideration of this item until all members of Council were present.

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the tabled resolution with respect to the development variance permit application and proposed subdivision of 200 and 230 King George Terrace be deferred until the meeting of Council on March 13, 2006.

CARRIED

MINUTES OF MEETING:

Council – February 13, 2006

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the minutes of the Council meeting held on Monday, February 13, 2006, be adopted.

CARRIED

Committee of the Whole – February 20, 2006

MOVED by Councillor Braithwaite

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

CARRIED

COMMUNICATIONS:

1.

2006-70

MARITIME MUSEUM OF BRITISH COLUMBIA SOCIETY, February 14, 2006 Re Request for Grant

Greg Evans, Executive Director, Maritime Museum of British Columbia, introduced David Winkler, Susan Down and John Campbell, trustees of the Society.

Mr. Evans noted that the Society celebrated its fiftieth anniversary during 2005. He reviewed events held by the Society during 2005, including the Tall Ships Festival which, he said, was a success and enjoyed by many.

Mr. Evans reviewed current and planned projects for 2006, noting that the Museum now offers educational programs called Museum Without Walls that are delivered in the classroom by programming staff.

Mr. Evans noted that planned revenue generating projects for 2006 are to include a theatre production entitled Tempting Providence, a massive marine garage sale, a symposium entitled What’s New to Say About Captain George Vancouver?, and the development of a speaker’s bureau.

Mr. Evans noted his appreciation for Oak Bay’s sponsorship, stating that its financial support was vital in enabling the continued viability of the Maritime Museum of British Columbia Society.

Responding to a question from a member of Council regarding the increase to the salaries and benefits expense as included in the March 31, 2005 Statement of Operations, Mr. Evans stated that the increase was due to hiring a full-time educational programmer and a marketing staff person.

Mr. Evans responded to further questions from Council, noting that it is expected that the Tall Ships Festival will once again be held in Victoria in 2008. He noted that the Festival had been a great success, and the Society looks forward to once again being part of the event in the future.

Mr. Evans noted that fundraising initiatives by the Maritime Museum of British Columbia Society would continue through 2006.

MOVED by Councillor Carson

Seconded by Councillor Herbert, That a 2006 operating grant in the amount of $2,000 be approved and that the remainder of the funding request be referred to Estimates Committee.

CARRIED

2.

2006-71

VICTORIA FAMILY COURT COMMITTEE, February 15, 2006 Re Request for Endorsement of Resolution

Councillor Braithwaite explained that the Victoria Family Court Committee was requesting municipalities to submit a resolution for consideration at the 2006 Association of Vancouver Island and Coastal Communities Convention supporting the provision of development and mental health services for children and youth in school settings.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That AVICC recommend to the Ministry of Education, Health and Child and Family Development that integrated identification, diagnosis, and management services for the development and mental health services of children and youth are best located in school settings using an inclusive multidisciplinary approach to ensure effectiveness and timeliness.

Speaking to the letter received from the Victoria Family Court Committee, Councillor Braithwaite noted that approximately 80% of the children who end up in the criminal justice system have mental health issues and help for them is difficult to obtain.

It was noted that it might be even more beneficial if the Victoria Family Court Committee requested support from all Vancouver Island municipalities.

The question was then called.

CARRIED

3.

2006-72

OAK BAY TOURISM COMMITTEE, February 22, 2006 Re Request to Occupy Front Lawn at Municipal Hall

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, 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 10 o’clock a.m. to 1 o’clock p.m. on April 22, 2006, subject to the Oak Bay Cubs, Scouts and Guides, or the Oak Bay Rotary Club being the recipient(s) of the proceeds.

CARRIED

4.

2006-73

MAURICE AND DIANA TURNER, February 18, 2006 Re Development Variance Permit—1370 Oliver Street

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Item No. 2006-73 be received.

CARRIED

4.

2006-74 2006-74-1 2006-74-2 2006-74-3 2006-74-4 2006-74-5

MARION CUMMING, February 22, 2006 MARGARET AND CLAUDE MAURICE, February 23, 2006 HERITAGE CANADA FOUNDATION, February 13, 2006 JAMES MCNEILL, [undated] JIM AND LORAINE LEE, February 27, 2006 ROSEMARY JAMES CROSS, February 27, 2006 Re Development Variance Permit, Proposed Subdivision— 200 and 230 King George Terrace

MOVED by Councillor Carson

Seconded by Councillor Herbert, That Item Nos. 2006-74 to 2006-74-5 be received.

CARRIED

REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:

Mayor Causton provided an update on the progress of the Island Corridor Foundation which, he said, consists of five elected officials and five First Nations. He noted the financial contributions from the municipalities of Langford and View Royal toward the Foundation’s efforts in acquiring the E & N rail right-of-way which runs from Victoria to Courtenay.

NEW BUSINESS:

2006 Centennial Committee – Oral Report from Councillor Herbert

Councillor Herbert provided an update on the 2006 Centennial Committee’s on-going projects, noting that the Snow Birds event would occur on August 6, 2006, and in connection with that event, he said, the Oak Bay Kiwanis Club will be holding a salmon barbeque. Councillor Herbert noted that he estimated the Centennial book would be at the printers by March 4^th.

TABLED:

Development Variance Permit—1370 Oliver Street

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 B, Section 23, Victoria District, Plan 44952 (1370 Oliver Street) that will vary Bylaw 3531, Zoning Bylaw, 1986, to permit the construction of a deck on the land in accordance with the plans considered by Committee of the Whole on February 6, 2006 as follows:

Bylaw Section	Required	Requested	Variance
6.5.4.(2).(b) Minimum Rear Yard Lot Line Setback	7.62 metres	2.07 metres	5.55 metres

CARRIED

The question on the main motion was then called.

CARRIED

RESOLUTIONS:

Attendance at the AVICC Annual General Meeting and Convention

Responding to questions from Council regarding spouse attendance / volunteering at the Convention, the Municipal Administrator noted that the Elected Official Travel Expense Bylaw, 1993 prohibits “… reimbursement for an expense incurred as a result of the accompaniment of the elected official by a spouse or partner at the meeting, course or convention”.

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Council approve the attendance of members of Council to the Association of Vancouver Island and Coastal Communities in Victoria, BC, from April 7 to April 9, 2006, and the payment of expenses necessarily incurred by them.

CARRIED

Traffic Control Order No. 2006-03—Four Way Stop at Intersection of Eastdowne Road and Allenby Street

MOVED by Councillor Herbert

Seconded by Councillor Copley,

1. That signs bearing the word “STOP” be erected, and stop bars be painted, at the northwest and the southeast corners of the intersection of Allenby Street and Eastdowne Road to create a 4-way stop and;

2. That signs bearing the words “4 WAY STOP” be affixed beneath the two stop signs referred to in Part 1 of this order and beneath the existing stop signs on Allenby Street at the intersection with Eastdowne Road.

CARRIED

Development Variance Permit—3425 Cadboro Bay Road

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot J, Section 31, Victoria District, Plan 2563 (3425 Cadboro Bay Road) that will vary Bylaw 3531, Zoning Bylaw, 1986, to permit the renovation of the dwelling on the land in accordance with the plans considered by Committee of the Whole on February 20, 2006, as follows:

Bylaw Section	Permitted	Requested	Variance
6.2.4.(2)(d) Minimum Side Lot Line Setback	7.62 metres	6.1 metres	1.52 metres

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the resolution in respect to the Development Variance Permit for 3425 Cadboro Bay Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Development Variance Permit—2544 Nottingham Road

Moved by Councillor Cassidy

Seconded by Councillor Herbert, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot SW ½ 10, Block 19, Section 31, Victoria District, Plan 1216A (2544 Nottingham Road) that will vary Bylaw 3531, Zoning Bylaw, 1986, to permit the construction a new dwelling on the land in accordance with the plans considered by Committee of the Whole on February 20, 2006 as follows:

Bylaw Section	Permitted	Requested	Variance
6.2.4.(10) Front Lot Line Setback	Between 17.9 and 20.9 metres	35.7 metres	14.8 metres

MOVED by Councillor Cassidy

Seconded by Councillor Carson, That the resolution in respect to the Development Variance Permit for 2544 Nottingham Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Development Variance Permit and Highway Encroachment—619 Transit Road

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot 13, Section 22, Victoria District, Plan 2994 (619 Transit Road) that will vary Bylaw 3531, Zoning Bylaw, 1986, to permit an addition of a second storey to an existing garage on the land in accordance with the plans considered by Committee of the Whole on February 20, 2006 as follows:

Bylaw Section	Permitted	Requested	Variance
6.5.4.(2).(a) Minimum Front Lot Line Setback	7.62 metres	0.0 metres	7.62 metres
6.5.4.(3).(c) Maximum Roof Height	4.60 metres	5.80 metres	1.20 metres

when and if the owners of 619 Transit Road execute a Highway Encroachment agreement in a form satisfactory to the Municipality that would permit the encroachment of the garage onto the abutting highway by .67 metres.

There was discussion regarding the proposed variances and the location of the garage as it relates to the property line and concerns were noted with respect to the amount of storage room being sought and the extent of the variances being requested.

The question was then called.

DEFEATED

(Councillors Braithwaite, Cassidy, Copley and Herbert against the motion)

BYLAWS:

For First, Second and Third Readings

Bylaw No. 4304, Building and Plumbing Bylaw Amendment Bylaw No. 1, 2006

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4304, Building and Plumbing Bylaw Amendment Bylaw No. 1, 2006 be read a first time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4304, Building and Plumbing Bylaw Amendment Bylaw No. 1, 2006 be read a second time.

CARRIED

The Municipal Administrator explained that this bylaw would change the timelines in which a permit would expire, if work was not completed.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4304, Building and Plumbing Bylaw Amendment Bylaw No. 1, 2006 be read a third time.

CARRIED

ADJOURNMENT:

MOVED by Councillor Carson

Seconded by Councillor Cassidy, That the open portion of the meeting of Council be adjourned and a closed session be convened to discuss 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 by the Municipality.

CARRIED

The meeting adjourned at 8:17 p.m.

Certified Correct

Municipal Clerk

Mayor