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,
|
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. |
Mayor Causton called the
meeting to order at 7:30 p.m.
MINUTES OF MEETINGS:
Council – December 17, 2007
MOVED by Councillor Cassidy
Seconded by Councillor Copley,
That the minutes of the Council meeting held on Monday, December 17, 2007, be adopted.
CARRIED
Special Council – January 7,
2008
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That the minutes of the Special Council meeting held on Monday, January 7, 2008, be adopted.
CARRIED
Committee of the Whole – January 7, 2008
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That the minutes of the Committee of the Whole meeting held on Monday, January
7, 2008, and the recommendations contained therein, be adopted.
CARRIED
REPORT OF
MEETING:
Public Hearing – December 17,
2007
MOVED by
Councillor Braithwaite
Seconded by
Councillor Copley, That the report of the Public Hearing held on Monday,
December 17, 2007, be adopted.
CARRIED
COMMUNICATIONS:
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1. |
2008-4 |
JOHN JACKSON, December 21, 2007 Re Request for Reconsideration of Clean Up Order Under Rubbish and Weed Control Bylaw – |
The Municipal Administrator explained that
the owner of 1400 St. Patrick Street, John Jackson, was issued a Clean-Up Order
under the Rubbish and Weed Control Bylaw
and is applying to Council to reconsider the December 13, 2007 Order.
Mr. Cochrane noted that noncompliance with the
Order, if confirmed by Council, would result in the Municipality, without
further notice, being entitled to enter the property and carry out the required
clean up at the owner’s expense.
Responding to a question from a member of Council,
Ed Jackson, son of property owner, John Jackson, confirmed that, due to
extenuating personal circumstances, the purpose for coming before Council was to
request a time extension, noting that having to the end of February 2008 to
complete the work required would be adequate.
He further noted that he wished to appeal the municipal ticket issued in
relation to his father’s property.
Responding to questions, the Municipal
Administrator advised that the ticket is a separate issue and that Council does
not have the power to cancel it. The
legislated process, he noted, is to refer the disputed ticket to the
Mayor Causton expressed his sympathy with
respect to Mr. Ed Jackson’s recent setbacks, suggesting he contact the Oak Bay
Volunteers Services to see if it can be of assistance in any way in addressing
the Clean-Up Order.
With respect to the storage of unlicensed
vehicles on the property and the Clean-Up Order, Mr. Jackson noted that he has
since licensed the two vehicles and that he, with help, has completed
approximately 75-80% of the required work as outlined in the letter received
from the Director of Building and Planning.
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the
Clean-Up Order dated December 13, 2007 issued to Mr. John Jackson be confirmed
by Council, and further that the owner be granted an extension to February 29,
2008 to complete the work at
It was suggested that staff continue to
visit, and if necessary advise Mr. Jackson of what further clean up is required
to ensure the work has been completed to the satisfaction of the Municipality.
A member of Council expressed her concern
for the neighbours that have been dealing with this issue since 1992, noting that
previous enforcement has not been adhered to.
Mr. Cochrane confirmed that should the clean up not be completed the
Director of Building and Planning would have the work done by the municipality
with the cost being billed to the owner, and if not paid, added to the property
taxes.
The question was then called.
CARRIED
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2. |
2008-5 2008-5-1 |
GREATER VICTORIA DEVELOPMENT AGENCY, November 28, 2007 MUNICIPAL ADMINISTRATOR, November 30, 2007 Re Request for Grant |
A member of Council asked if the Greater
Victoria Development Agency (GVDA) was aware of the memorandum from the
Municipal Administrator, and drew attention to the information in the
memorandum stating that a grant to be used for most of the activities
highlighted in the materials attached to the letter from the Greater Victoria
Development Agency would be unlawful because those activities constitute
assistance to businesses and therefore are not exempted from the Community Charter’s general prohibition
against such assistance.
John Juricic, Chair, Greater Victoria
Development Agency, responded
by saying that the GVDA had been given the opportunity to read the memorandum
and felt that while there may be some obstacles to overcome, it should be noted
that the GVDA and the Greater Victoria Chamber of Commerce are not businesses,
but are not-for-profit organizations which would lead to an acceptable
situation for funding use and felt it should not be considered a barrier.
Sasha Angus, Economic Development Officer,
Greater Victoria Development Agency, provided Council members with a handout and gave an
overview of the benefits and the purpose of the GVDA, saying in its first six
months GVDA has become an active supporting agency for economic development and
growth of local business and provides leadership in addressing labour force
issues in the region.
Mr. Angus drew attention to the Provincial
and Local Government support and contributions to date noting that the request
to the Municipality of Oak Bay is for an annual contribution of $10,000 as well
as an invitation to have a Municipal Councillor sit on the regional advisory
group.
Responding to questions, Bruce
Carter, Chief Executive Officer, Greater Victoria Chamber of Commerce, explained
that the difference with the Greater Victoria Development Agency and the Greater Victoria Economic Development
Commission is that the latter offers employment assistant programs and advice,
and it, along with other
development agencies, has been invited to join the GVDA.
Following further discussion
regarding the grant request, and various questions from Council being answered
by the applicants, concerns were expressed by members of Council that should
the provision of a grant be considered, it not be in conflict with the
prohibition on providing assistance to businesses through programs or businesses
supported by the GVDA with funds contributed by the Municipality.
The Municipal Administrator noted that any
grant to the GVDA would have to be tied to a specific project or activity which
was of benefit to the community at large and which could not be construed as
providing assistance to a business, and an agreement would be required in that
regard.
Members of Council requested
that additional information be submitted by the applicants prior to Council’s
Estimates Committee meetings with respect to what project the GVDA would wish
Council to consider making a contribution towards.
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That the grant request for the
amount of $10,000 be referred to Council’s Estimates Committee for
consideration during budget deliberations.
CARRIED
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3. |
2008-6 |
GREATER Re Request for Grant |
Keith Dagg, Greater Victoria
Curling Facility Project, introduced the representatives in attendance to speak to the request for
funding assistance in relation to the proposed needs and concept development
study for a new curling facility to serve Greater Victoria.
Glen Jackson provided a slide presentation
as attached to the agenda package (correspondence item no. 2008-6) adding that
it is not just a building being sought but a place for communities to come
together and for local, national, and international events to take place.
Mr. Dagg added that the curling
facility project study would clearly indicate how/where a curling facility,
whether it is an existing facility or new, would most suitably serve Greater
Victoria as a whole for the next 50 years.
Responding to further
questions from members of Council concerning long term financing implications,
Mr. Dagg noted that the study would address those questions.
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That Council commit to the
inclusion of a grant in the amount of $2,000 in the budget to go towards the
Greater Victoria Curling Facility Development Project Study, and that an
additional $2,000 be referred to Council’s Estimates Committee for
consideration during budget deliberations.
CARRIED
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4. |
2008-7 |
NEW Re Request for Grant |
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That a grant
in the amount of $71.93 to New Horizons Village Crafts Society, to offset the
cost of rental of a meeting room at Windsor Park Pavilion, be approved.
CARRIED
Hope Harwood, Past President and Board
Member of New Horizons Village Crafts Society, commented that the store sells locally-made quality
crafts and feels it has a social responsibility to the crafters. Ms. Harwood said that with a rent increase
the store has been struggling financially and appreciates the grant being
received.
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5. |
2008-8 |
DIRECTOR OF BUILDING AND PLANNING, December 20, 2007 Re Heritage Designation Application – |
MOVED by Councillor Herbert
Seconded by Councillor Copley, That staff
be requested to draft a Heritage Designation Bylaw with respect to
CARRIED
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6. |
2008-9 |
MULTIPLE SCLEROSIS SOCIETY OF Re Request to Occupy |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That approval be
granted to the Multiple Sclerosis Society of Canada to occupy the Willows Beach
Park parking lot on Sunday, April 13, 2008 from 6 o’clock a.m. until 1 o’clock
p.m. in relation to the staging of the Super Cities WALK for MS event, subject
to the execution of a Letter of Undertaking setting out the terms and
conditions under which the occupancy is permitted, and subject to the Multiple
Sclerosis Society of Canada indemnifying the Municipality from any liability
arising from the occupancy or event and providing evidence of adequate
insurance to cover this indemnification.
CARRIED
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7. |
2008-10 |
GONZALES COOPERATIVE PRESCHOOL, January 9, 2008 Re Request for Permission for Fundraising Event – Clean-Up Drive (April 12, 2008) |
Mayor Causton noted that Gonzales
Cooperative Preschool advised that the actual date for the park and beach clean
up drive would be Sunday, April 13, 2008.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
permission be granted to the Gonzales Cooperative Preschool to conduct a litter
cleanup fundraising campaign in public parks and beaches in the District of Oak
Bay on Sunday, April 13, 2008, subject to the execution of a Letter of
Undertaking setting out the terms and conditions under which the occupancy is
permitted, and subject to the Gonzales Cooperative Preschool indemnifying the
Municipality from any liability that may arise in connection with the staging
of this event, and providing evidence of insurability to cover this
indemnification.
CARRIED
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8. |
2008-11 |
GONZALES COOPERATIVE PRESCHOOL, January 9, 2008 Re Request
to Occupy a Portion of Public Sidewalk – |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
permission be granted to the Gonzales Cooperative Preschool to occupy a portion
of the public sidewalk adjacent to 2590 Cadboro Bay Road, on April 11 and 12,
2008, from 8 o’clock a.m. to 3 o’clock p.m. for the purpose of staging a fundraising
event, subject to the execution of a Letter of Undertaking setting out the
terms and conditions under which the occupancy is permitted, and subject to the
Gonzales Cooperative Preschool indemnifying the Municipality from any liability
arising from the occupancy and providing evidence of insurability in this
regard.
CARRIED
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9. |
2008-12 2008-12-1 2008-12-2 |
DIRECTOR OF BUILDING AND PLANNING, December 31, 2007 ADALINE O’GORMAN, August 13, 2007 RACHEL WYATT, August 16, 2007 Re Report on Secondary Suites |
Attention was drawn to the report from the
Director of Building and Planning on secondary suites as requested by Council
at its July 23, 2007 meeting. During the
process, said Mr. Beattie, he gathered a great deal more information on the
subject than what is included in the report, noting that additional data is
available to Council members for their perusal should they wish.
As noted in the report, Mr. Beattie reviewed
the potential benefits and challenges of secondary suites in the community,
what the current regulations are in the neighbouring municipalities, and what
the potential future issues might be.
Some discussion ensued on how other
Municipalities have dealt with secondary suites that do not necessarily meet
with the building code or other regulations, and staff noted that legal advice
would need to be sought regarding some aspects of legalizing secondary suites
in Oak Bay should the process be looked at in more detail.
It was noted by a member of Council that
the District of Saanich is currently undergoing a secondary suite review
process and it might be useful to observe the proceedings in that regard.
Some members of Council expressed various
views and opinions on the subject of secondary suites noting that they could
potentially increase seniors’ housing and help reduce greenhouse gas emissions,
while others expressed concerns that allowing secondary suites could negatively
impact neighbourhoods, suggesting that feedback be sought from residents prior
to undertaking a comprehensive review process.
It was agreed that feedback will certainly
need to be sought, and it was recognized that there are many issues to consider
and that the matter of secondary suites should not be rushed.
Mayor Causton suggested a committee be
formed to get the process of a review of secondary suites in motion.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That Mayor
Causton form an Oak Bay Secondary Suites Review Committee.
There was discussion as to the makeup of
the proposed committee and it was agreed that the committee should be small to
start, with two Council members and two members of the public.
The Municipal Administrator drew attention
to the requirement for changes to the Zoning Bylaw and the Official Community
Plan should the process lead to that, noting that any amendment to the Official
Community Plan would result in mandatory consideration of an appropriate public
consultation process. He also pointed
out that a budget may be needed for the review process, which is not currently
contemplated in the provisional budget.
The question was then called.
CARRIED
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10. |
2008-13 |
DIRECTOR OF PARKS AND RECREATION, January 7, 2008 Re Request
for Early Capital Approval – Fireman’s Park Field Improvements |
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That early
spending approval of $32,000 be given for field improvements to Fireman’s Park.
CARRIED
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11. |
2008-14 |
MUNICIPAL TREASURER, January 8, 2008 Re Request
for Early 2008 Capital Approval – Public Works |
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That early
spending approval be given for the capital projects and equipment replacement
purchases as detailed in the memorandum from the Municipal Treasurer dated January
14, 2008 (correspondence item no. 2008-14).
Responding to questions, the Municipal
Administrator said that should the
Drawing attention to the vehicle
replacement costs, Mr. Cochrane said that as part of the ongoing focus of helping
to reduce greenhouse gas emissions, the vehicles proposed would be compatible
with the use of bio-diesel fuel.
The question was then called.
CARRIED
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12. |
2008-15 |
MUNICIPAL TREASURER, January 9, 2008 Re Request
for Early 2008 Capital Approval – Finance Department Computer Equipment |
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That
approval be granted for the early expenditure of $3,000 for the replacement of
the Deputy Treasurer’s laptop computer, with the funding to come from the
Capital Works and Equipment Reserve Fund.
CARRIED
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13. |
2008-16 |
FEDERATION OF CANADIAN MUNICIPALITIES, December 20,
2007 Re April 2008 to March 2009 Municipal Dues |
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert, That
payment of the invoice for the 2008-2009 Federation of Canadian Municipalities
membership dues in the amount of $2,213.14 (which excludes the optional travel
contribution) be approved.
CARRIED
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14. |
2008-17 |
DIRECTOR OF BUILDING AND PLANNING, January 10, 2008 Re Development Variance Permit Application – |
The Director of Building and Planning noted
that the applicant, Dr. Hambley, submitted a revised plan that has scaled down
the originally proposed paved patio area by approximately 150 square feet.
MOVED by Councillor Cassidy
Seconded
by Councillor Braithwaite, That correspondence item no. 2008-17 be received.
CARRIED
TABLED:
Development Variance Permit –
MOVED by Councillor Carson
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 2260
Dalhousie Street (Lot 14, Block 2, Section 28, Victoria District, Plan 398C),
varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with
respect to the siting and maximum allowable height of a principal building in
the RS-5 Zone:
|
Bylaw Section |
Required |
Requested |
Variance |
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6.5.4(2)(d) Minimum Exterior
Side |
3.65 m |
2.13 m |
1.52 m |
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6.5.4(11) Minimum Interior Side Second Storey & Above |
3.00 m |
2.19 m |
0.81 m |
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6.5.4(3)(c) & Schedule “B” Maximum Roof Height |
6.95 m |
8.53 m |
1.58 m |
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6.5.4(3)(b) & Schedule “B” Maximum Occupiable Height |
3.47 m |
5.21 m |
1.74 m |
to accommodate additions and renovations to the
dwelling, as more particularly shown on the plans attached to Committee of the
Whole agenda item #2007-334, being a memorandum from the Director of Building
and Planning dated December 5, 2007.
CARRIED
The question on the main motion was then called.
CARRIED
Development Variance Permit –
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen, 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 2661 Cadboro
Bay Road (Lot 8, Section 61, Victoria District, Plan 4739), varying the
following provision of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the maximum
allowable floor area of a principal building in the RS-5 Zone:
|
Bylaw Section |
Required |
Requested |
Variance |
|
|
|
|
|
|
6.5.4(6)(a) Maximum Gross
Floor Area at a Level Higher than 0.8 m Below Grade |
240 m2 |
294 m2 |
54 m2 |
to accommodate the replacement of an existing deck with
a new, relocated deck that will have enclosed storage space underneath, as more
particularly shown on the plans attached to Committee of the Whole agenda item
#2007-335, being a memorandum from the Director of Building and Planning dated
December 5, 2007.
CARRIED
The question on the main motion was then called.
CARRIED
(Councillor
Cassidy against the motion)
RESOLUTIONS:
Development Variance Permit –
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 574 Island Road (Strata Lot 4, Section 22, Victoria District, Strata
Plan VIS2473, together with an interest in the common property in proportion to
the unit entitlement of the Strata Lot as shown on Form 1), varying the
following provision of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the maximum
allowable lot coverage for structures in the RS-4 Zone:
|
Bylaw Section |
Permitted |
Requested |
Variance |
|
|
|
|
|
|
6.4.4.(4) Maximum (Accessory
Structures) |
5% (57m2) |
21.4% (246m2) |
16.4% (189 m2) |
to accommodate the construction of paved patio and
pathway areas, as more particularly shown on the plan dated January 9, 2008
attached to the resolution printed for the purposes of the January 14, 2008
Council agenda.
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the
motion in respect of the development variance permit for
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That authorization
be given to proceed with the bike path provision project on
CARRIED
BYLAWS:
For Adoption
Bylaw
No. 4391
MOVED by Councillor Herbert
Seconded by Councillor Carson, That Bylaw
No. 4391, Water Rate Bylaw Consumption
Charge Amendment Bylaw, 2008, be adopted.
CARRIED
Bylaw No. 4392
MOVED by Councillor Jensen
Seconded by Councillor Carson, That Bylaw
No. 4392, Sewer User Charge Bylaw, 2008,
be adopted.
CARRIED
(Councillor
Braithwaite, Cassidy and Herbert against the motion)
Bylaw
No. 4393