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,
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PRESENT: |
Councillor H. Braithwaite Councillor S. F. B. Carson Councillor A. R. Cassidy Councillor P. Copley Councillor J. D. Hebert 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. Chief Constable, B. Andersen Deputy Chief Constable, R. Gaudet |
MINUTES OF MEETINGS:
AGENDA:
MOVED by Councillor Herbert
Seconded by Councillor
Braithwaite, That the agenda be amended with the addition of correspondence item
no. 2007-42.
CARRIED
Council – January 8, 2007
MOVED by Councillor Cassidy
Seconded by Councillor Copley,
That the minutes of the Council meeting held on Monday, January 8, 2007, be
adopted.
CARRIED
Committee of the Whole – January 8, 2007
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert,
That the minutes of the Committee of the Whole meeting held on Monday, January
8, 2007, and the recommendations contained therein, be adopted.
CARRIED
Special Council – January 15, 2007
MOVED by Councillor Copley
Seconded by Councillor Jensen,
That the minutes of the Special Council meeting held on Monday, January 15,
2007, be adopted.
CARRIED
Committee of the Whole – January 15, 2007
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That the minutes of the Committee of the Whole meeting held on Monday, January
15, 2007, and the recommendations contained therein, be adopted.
CARRIED
COMMUNICATIONS:
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1. |
2007-34 2007-34-1 2007-34-2 |
MUNICIPAL TREASURER, January
17, 2007 Re Request for Grants |
It was explained that the Oak
Bay Lawn Bowling Club has requested additional funding for the clubhouse
renovations to meet part of its funding shortfall that has resulted from rising
construction costs. It was noted that
this request is in addition to a grant to the Lawn Bowling Club previously
approved, to be spread over three years at $20,000 per year, which is currently
included in the Financial Plan.
It was suggested that the request
for an additional grant in the amount of $6,712 to assist the Oak Bay Lawn
Bowling Club to cover its anticipated renovation shortfall be deferred to allow
time for staff to arrange for a representative from the Club to come to the
next Council meeting to further define its request.
MOVED by Councillor Herbert
Seconded by Councillor
Cassidy, That early approval be given for $20,000 for the expansion and
renovation of the Oak Bay Lawn Bowling Clubhouse as outlined in correspondence
item no. 2007-34, being a memorandum from the Municipal Treasurer dated January
17, 2007.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That the request for an additional grant in the amount of $6,712 to assist the
Oak Bay Lawn Bowling Club as outlined in correspondence item no. 2007-34, being
a memorandum from the Municipal Treasurer dated January 17, 2007, be deferred
to the next meeting of Council.
CARRIED
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2. |
2007-35 |
RACEWEB.CA, [undated] Re Request for Road Closures— August 11, 2007 |
Adam Lawrence, Race Director,
raceweb.ca, 129 Gorge Road East, stated that notification would be given to all
affected property owners fourteen days prior to the event, and signs would be
posted six days prior to the event to indicate where parking restrictions would
occur. He noted that he expected between
200 and 250 participants.
Mr. Lawrence indicated that
the
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That permission be granted for the closure of
§
the event organizers indemnifying the District of Oak Bay from any
liability in connection with the staging of the event;
§
approval of a traffic management and marshalling plan by the Oak Bay Police
Department;
§
sufficient advance notice being given to all property owners along the
proposed route; and
§
the event organizers bearing any extraordinary costs incurred by the
municipality in connection with the road closure.
CARRIED
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3. |
2007-36 |
PENINSULA RUNNERS ATHLETIC
SOCIETY, January 10, 2007 Re Request for Permission to
Hold Half |
David Milne, Peninsula Runners
Athletic Society, noted
that following discussing the route plan with Sgt. Craib of the Oak Bay Police
Department, it was determined that a small adjustment to the race route would eliminate
a bottleneck effect and improve the flow of participants. An additional change from previous years
would see an earlier start of the event to accommodate slower racers, noted Mr.
Milne.
Responding to a member of Council
expressing concern that the road closure request may affect businesses along
the route, Mr. Milne said he would check with merchants regarding the proposed
closures.
Mr. Milne advised of the
beneficiaries of this fundraising event, noting that last year $5,000 was
presented to the Help Fill a Dream Foundation and the Foundation would be the
benefiting charity again in 2007.
MOVED by Councillor Braithwaite
Seconded by Councillor Carson,
That approval for the road closures in connection with the half marathon and
relay race proposed by Peninsula Runners Athletic Society, as indicated in
correspondence item no. 2007-36, be approved subject to the following:
§
the event organizers indemnifying the District of Oak Bay from any
liability in connection with the staging of the event;
§
approval of a traffic management and marshalling plan by the Oak Bay
Police Department;
§
sufficient advance notice being given to all property owners along the
proposed route; and
§
the event organizers bearing any extraordinary costs incurred by the
municipality in connection with the road closures.
CARRIED
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4. |
2007-37 2007-37-1 |
OAK BAY GREEN COMMITTEE, January 7, 2007 LIZ ELLIOT, January 22, 2007 Re Request for Land to be Rezoned to
Allow a Recycling Use |
Rene de Vos, 2168 Guernsey Street, was in attendance representing the Oak Bay
Green Committee saying that to date the trial soft plastic recycling program
has been run by volunteers and the Committee hopes to form a resourceful collaboration
with the Oak Bay High School Environmental Club to continue on with the project.
In keeping with the Capital
Regional District goal to divert waste from the landfill, it was noted by Mr.
de Vos that soft plastic recycling has been a successful program in
neighbouring municipalities and has helped reduce waste deposits at the
Hartland landfill.
Regarding a question with respect
to financing the program, Mr. de Vos noted that so far the costs have been funded
through donations. However, in the
future, Mr. de Vos said that it is hoped that the soft plastic recycling
program will be taken on by the Municipality or carried on at the regional
level.
Appreciation was expressed with
regard to the Oak Bay Green Committee’s thorough report submitted to Council on
the soft plastic recycling program.
Acknowledging that property would
have to be rezoned to permit a recycling use, it was the consensus of Council
members that the soft plastic recycling program was a worthwhile project and
that a committee should be formed, with the leadership of Councillor Cassidy, to
find a suitable drop-off location to be considered for rezoning to ensure the
program continues.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That correspondence item no. 2007-37 be received.
CARRIED
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5. |
2007-38 |
GONZALES COOPERATIVE
PRESCHOOL, January 15, 2007 Re Request for Permission
for Fundraising Event - Clean-Up Drive 2007 |
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
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 22, 2007, subject to the 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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6. |
2007-39 |
MUNICIPAL TREASURER, January
18, 2007 Re Request for Early
Approval to Replace Police Administration Vehicle |
The Chief Constable said that the
Oak Bay Police Board had discussed at length various options for replacement of
the police administration vehicle and considered climate change and
environmental issues when exploring those options.
It was the view of the Police
Board that due to the low number of kilometres the police administration
vehicle accumulates annually, the additional $12,000 required to purchase a
hybrid vehicle was not justified.
There was discussion regarding the
merits of a hybrid vehicle including the environmental benefits over a
conventional vehicle such as the recommended four-cylinder Camry, and varying
views and opinions were noted.
MOVED by Councillor Herbert
Seconded by
Councillor Cassidy, That early
spending approval be given for the Police Department capital purchase of a replacement
police administration vehicle as outlined in correspondence item no. 2007-39, being
a memorandum from the Municipal Treasurer dated January 18, 2007.
CARRIED
(Councillor Jensen against the motion)
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7. |
2007-40 |
MUNICIPAL ADMINISTRATOR/
POLICE BOARD SECRETARY, January 17, 2007 Re Regulation of Fireworks
in |
In response to a request that the
Oak Bay Police Board provide advice to Council regarding amending the existing
fireworks regulations in Oak Bay, the Municipal Administrator noted that the
Board recommended that a bylaw be drafted similar to the more restrictive
regulatory scheme that was adopted in the western communities last year, which,
among other things, would ban the sale of fireworks.
MOVED by Councillor Cassidy
Seconded by Councillor Jensen, That staff
be directed to draft an amendment to the Fireworks and Firecracker Regulation
Bylaw to bring the regulations in line with the western community model.
CARRIED
There was discussion regarding
what regulations Council wished to see implemented, and although it was the view
of several Council members that it was preferred to see a complete ban,
therefore eliminating any gray area regarding the sale and use of fireworks in
Oak Bay, there was consensus to consider an amendment along the lines of those
recommended first. Any new regulations,
it was noted, could be revisited at a later date.
It was unknown whether or not the
municipalities adjacent to
MOVED by Councillor Jensen
Seconded by Councillor Carson,
That the motion be tabled.
CARRIED
(Councillor Cassidy against the motion)
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8. |
2007-41 |
Re 2007 UBCM Membership Dues |
MOVED by Councillor Cassidy
Seconded by
Councillor Herbert, That approval be given for the payment of Union of British
Columbia Municipalities membership dues for 2007 in the amount of $8,053.59.
CARRIED
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9. |
2007-42 |
BPI – AND SHE WAS FILMS INC., January 22,
2007 Re Request for Road Closure for Film
Production |
Ted Bauman, BPI-And She Was
Films Inc.,
Responding to questions regarding
notice to neighbours that would be affected by the road closure and filming,
Mr. Bauman agreed to ensure that notification would be circulated as soon as
possible. Mr. Bauman further noted that
he now wished to request the road closure from 11:30 a.m. until 3:00 p.m.
rather than the times laid out in his letter.
The Municipal Clerk noted that
given the short timelines and limited staff resources available, there was not
sufficient time to prepare the usual documentation associated with the road
closure, associated film vehicle parking, and intermittent traffic control requests
to appropriately protect the Municipality from liability.
Noting that while staff would
process the request should it be approved by Council, the Municipal Administrator
drew attention to a possible imbalance between the cost and benefit to the
Municipality in relation to filming requests, and the difficulties staff face
in dealing with late requests such as those before Council. He suggested that the film industry needs to
allow a more appropriate time frame for staff to accommodate its applications.
Although Council indicated its
support for the BC Film Industry using
MOVED by Councillor
Braithwaite
Seconded by
Councillor Jensen, That approval be given for closure of the 2200 Block of Neil
Street on Friday, January 26, 2007, between the hours of 11:30 o’clock a.m. to
3:00 o’clock p.m., to facilitate a film production.
CARRIED
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Floor Area Ratio Committee - Reinstatement
However, he noted, it is
Council’s intention to have a public information session regarding floor area
regulations prior to proceeding to public hearing on any recommended bylaw
changes that might emerge following the review of the proposed regulations by
the Heritage Advisory Panel.
Traffic Changes with Respect to Reconfiguration of
As the School Liaison, Councillor
Jensen reported that the School District No. 61 Chair indicated that public
consultation is well underway with respect to the study being undertaken
regarding traffic and pedestrian safety issues resulting from the school
reconfiguration, which includes a survey being sent out to parents, as well as
a stakeholders’ meeting being organized for March.
Bicycle Lanes in
In response to Councillor Jensen
inquiring as to when Council could anticipate a report from staff regarding
cycling lanes in Oak Bay,
RESOLUTIONS:
Development Variance Permit –
MOVED by Councillor Cassidy
Seconded by Councillor Jensen, 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 |
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6.4.4.(2).(b)
Minimum Rear |
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.
MOVED by Councillor Cassidy
Seconded by Councillor Jensen, That the
resolution in respect to the Development Variance Permit for 925 Foul Bay Road
be tabled to enable notice to be given in accordance with the Local Government Act.
CARRIED
Development Variance Permit –
Councillor Cassidy left the
meeting at 9:08 p.m., citing the possibility of a perceived bias as one of his
employees is a relative of the applicant.
MOVED by Councillor Jensen
Seconded by Councillor Copley, 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.
MOVED by Councillor Jensen
Seconded by Councillor Copley,
That the resolution in respect to the Development Variance Permit for 2397
Lincoln Road be tabled to enable notice to be given in accordance with the Local Government Act.
CARRIED
Councillor Cassidy returned to the meeting
at 9:09 p.m.
Oak Bay/Saanich Police Services Agreement
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy,
That the
CARRIED
BYLAWS:
For Adoption
Bylaw No. 4339
MOVED by Councillor Herbert
Seconded by
Councillor Jensen, That Bylaw No. 4339, Financial
Plan Bylaw, 2006, Amendment Bylaw, 2007, be adopted.
CARRIED
Bylaw No. 4341
MOVED by Councillor Carson
Seconded by
Councillor Jensen, That Bylaw No. 4341, Sewer
User Charge Bylaw Amendment Bylaw, 2007, be adopted.
CARRIED
(Councillor Braithwaite, Cassidy, and Herbert against
the motion)
Bylaw No. 4342
MOVED by Councillor Cassidy
Seconded by
Councillor Carson, That Bylaw No. 4342, Water
Rate Bylaw Consumption Charge Amendment Bylaw, 2007, be adopted.
CARRIED
Bylaw No. 4343
MOVED by Councillor Copley
Seconded by
Councillor Jensen, That Bylaw No. 4343, Streets
and Traffic Bylaw Amendment Bylaw No. 1, 2007, be adopted.
CARRIED
Bylaw No. 4344
MOVED by Councillor Jensen
Seconded by
Councillor Herbert, That Bylaw No. 4344, Ticket
Information Utilization Bylaw Amendment Bylaw No. 1, 2007, be adopted.
CARRIED
For First, Second and Third Reading
Bylaw No. 4345
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That Bylaw
No. 4345, Building and Plumbing Bylaw
Amendment Bylaw No. 1, 2007, be introduced and
read a first time.
CARRIED
MOVED by Councillor Braithwaite
Seconded
by Councillor Copley, That Bylaw No. 4345, Building and Plumbing Bylaw
Amendment Bylaw No. 1, 2007, be read a second
time.
CARRIED
MOVED by Councillor Braithwaite
Seconded
by Councillor Copley, That Bylaw No. 4345, Building and Plumbing Bylaw
Amendment Bylaw No. 1, 2007, be read a third time.
CARRIED
Bylaw No. 4346
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That
Bylaw No. 4346, Ticket Information
Utilization Bylaw Amendment Bylaw No. 2, 2007, be introduced and
read a first time.
CARRIED
MOVED by Councillor Carson
Seconded
by Councillor Braithwaite, That Bylaw No. 4346, Ticket Information
Utilization Bylaw Amendment Bylaw No. 2, 2007, be read a second
time.
Responding to questions from a member of
Council the Municipal Administrator noted that the fine structuring process and
fees are comparable to other municipalities.
The question was then called.
CARRIED
MOVED by Councillor Braithwaite
Seconded
by Councillor Cassidy, That Bylaw No. 4346, Ticket Information
Utilization Bylaw Amendment Bylaw No. 2, 2007, be read a third time.
CARRIED
Bylaw No. 4347
MOVED by Councillor Carson
Seconded by Councillor Jensen, That Bylaw
No. 4347, Short Term Capital Borrowing
Bylaw, 2007, be introduced and read a first
time.
CARRIED
MOVED by Councillor Carson
Seconded by Councillor Jensen, That Bylaw No. 4347, Short
Term Capital Borrowing Bylaw, 2007, be read a second
time.
CARRIED
MOVED by Councillor Carson
Seconded by Councillor Jensen, That Bylaw No. 4347, Short
Term Capital Borrowing Bylaw, 2007, be read a third time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That the open portion of the
meeting of
CARRIED
The meeting adjourned at 9:20 p.m.
Certified Correct:
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