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. |
REPORT OF PUBLIC HEARING:
Public Hearing - December 11, 2006
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite,
That the report of the Public Hearing held on Monday, December 11, 2006, be
adopted.
CARRIED
MINUTES OF MEETINGS:
Council – December 11, 2006
MOVED by Councillor Herbert
Seconded by Councillor Copley,
That the minutes of the Council meeting held on Monday, December 11, 2006, be amended
to delete the word “subsidized” in paragraph four, and further that the minutes
be adopted as amended.
CARRIED
Special Council – December 13,
2006
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite,
That the minutes of the Special Council meeting held on Wednesday, December 13,
2006, be adopted.
CARRIED
COMMUNICATIONS:
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1. |
2007-12 |
Re Request for
2007 Grant |
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That a 2007
operating grant in the amount of $21,500 be approved for the Oak Bay Volunteer
Services Society, with the remainder of the request being referred to Estimates
Committee.
CARRIED
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2. |
2007-13 |
CAPITAL REGIONAL
DISTRICT, December 14, 2006 Re CRD Voting Protocol on CREST Issues Affecting
Electoral Areas – Request for Consent to Bylaw Amendment |
Councillor Herbert noted that the
Planetworks 2005 Review of CREST Operations Report recommended the proposed
changes to the CRD Bylaw with respect to voting protocol for CREST issues that
affect Electoral Areas.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That consent
be given to the adoption of Capital Regional District Bylaw No. 3407, Capital
Regional District Service of Emergency Communications Service Establishment
Bylaw No. 1, 2001, Amendment Bylaw No. 1, 2006, in accordance with Section
801.4 of the Local Government Act.
CARRIED
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3. |
2007-14 |
MULTIPLE
SCLEROSIS SOCIETY OF Re Request to
Occupy |
It was noted that the Multiple Sclerosis
Society of Canada holds this event annually, although this year it is
requesting to occupy the
MOVED by Councillor Herbert
Seconded by Councillor Copley, That
approval be granted to the Multiple Sclerosis Society of Canada to occupy the
Willows Beach Park parking lot on Sunday, April 15, 2007 from 6 o’clock a.m.
until 12 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
Society 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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4. |
2007-15 |
WALTER THOMPSON,
December 27, 2006 Re Garden Waste
Disposal on Boulevards |
Responding to questions from Council in
relation to the letter received from Mr. Thompson outlining his opposition to
taxation dollars going towards picking up storm debris from the boulevards, the
Municipal Administrator drew attention to the exceptional damage to public and
private vegetation, particularly in the Uplands, due to recent unusual winter weather. He noted that it has been difficult for staff
to determine where the garden waste originated (i.e. from boulevard trees or
from trees on private property) and therefore all the debris left on boulevards
after the storms has been collected. Not
unexpectedly, said Mr. Cochrane, this seems to have encouraged residents to put
out second loads of debris which will remain on the boulevard as there is no
budget for picking up such material until the scheduled Spring Clean-Up
week.
Mr. Cochrane noted that other
municipalities that do not provide curbside pickup have offered temporary
drop-off sites.
Mr. Cochrane said that the Refuse and
Recyclables Collection and Disposal Bylaw prohibits the placing of branches and
brush on the boulevard, except during Spring Clean-Up Week, and that the
Streets and Traffic Bylaw prohibits the placing of garden waste on the roadway
portion of any street. The Streets and
Traffic Bylaw, it was suggested, could be amended to tighten up the prohibition
of placing garden waste on the roadway portion of any street by extending the
prohibition to the boulevard as well.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
amendments to the Streets and Traffic Bylaw and the Ticket Information
Utilization Bylaw be prepared and brought forward to Council for consideration
with respect to prohibiting the placing of garden waste on boulevards.
Support was noted for setting a specified
period of time that debris can be placed on the boulevard or roadway prior to
the Spring Clean-Up within the Bylaw amendments.
The question was then called.
CARRIED
It was also suggested that consideration be
given to providing various methods of notification to educate residents
regarding debris on boulevards, including placing an advertisement in the
newspaper and on the municipal website.
Walter Thompson, 3075 Oakdowne Road, spoke in regards to his letter expressing
his concern that municipal funds are being spent on the removal of garden
refuse originating from private property in the Uplands area on
In response, it was noted that sending
notification through water bills may not be very efficient due to the utility
bills being sent out every four months, on a staggered basis. It was also felt that notification with the
tax notice would not be desirable.
There was consensus that staff would devise
the appropriate notice to be placed on the website and in the newspaper with
respect to the regulations relating to garden waste being placed on boulevards.
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5. |
2007-16 |
MUNICIPAL
ADMINISTRATOR, December 29, 2006 Re Proposed
General Strategic Priorities Fund Application – Uplands Sewerage Systems |
The Municipal Administrator drew attention
to a report presented by the Director of Engineering Services in October 2006 that
explained a long-term plan for the two Uplands sewerage systems to meet the requirements
of the Municipal Sewage Regulation regarding overflows which would be achieved
through a combination of new storm drain installations and the construction of
detention facilities at the Humber and Rutland outfalls. Since then, the Union of British Columbia
Municipalities (UBCM) has presented a grant program opportunity to apply for up
to 100% funding for the estimated project cost with a February 16, 2007 deadline,
said Mr. Cochrane.
The Director of Engineering Services
explained that a preliminary design would be required to accompany the General
Strategic Priorities Fund application. Further,
Mr. Marshall indicated that although there would be no guarantee that the
Municipality would receive 100% funding, he felt that the consultant should be
retained to produce a detailed construction estimate as it would be a
requirement down the road for the project no matter the outcome of the grant application.
Mr. Cochrane pointed out that should only a
portion of the funding be offered in response to the grant application, the
Municipality may find itself unable to fund the remaining amount.
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That:
1) Kerr Wood Leidel Associates Ltd. be
retained at a cost of $9,050 to produce construction, engineering and project
management cost estimates and a preliminary design memorandum, along with
completing all materials required for application under the General Strategic
Priorities Fund, for the Humber and Rutland detention facilities as envisaged
by the report, Uplands Sewerage System
Modelling, September 2006;and
2) That staff be authorized to make
application under the General Strategic Priorities Fund component of the Canada
– British Columbia – Union of British Columbia Municipalities (UBCM) agreement
on the Transfer of Gas Tax Revenues program for 100% of the funding required to
design and construct sewage detention facilities in each of the Rutland and
Humber catchments of the Uplands sewerage system within the District of Oak
Bay.
CARRIED
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6. |
2007-17 2007-17-1 |
MUNICIPAL
ADMINISTRATOR, December 29, 2006 KEITH PALMER,
December 5, 2006 Re Esplanade
Underground Wiring – Report on Counter-Petition Results |
Councillor Cassidy declared he had a
conflict of interest as his spouse’s family resides along the Esplanade. Councillor Cassidy left the meeting at 8:00
p.m.
The Municipal Administrator gave an
overview of the counter-petition results in relation to the proposed
establishment of a local area service for underground wiring along the
Esplanade, saying that Council would now be in a legal position to proceed with
adoption of Bylaw No. 4329, if it sees fit, to move forward with the project. Mr. Cochrane said that four of the nine
property owners that received notice of the proposed project and
counter-petition opportunity have submitted valid petitions against the Bylaw, accounting for less
than 50% of the assessed value of the land and improvements.
Mr. Cochrane noted that unlike the
Responding to questions from Council, Mr.
Cochrane said that the Municipality would be responsible for any cost overruns
incurred for the project and also confirmed that significant contingency funds are
included in the project cost in the event of unexpected expenses such as
archaeological fees.
With respect to questions regarding the
notice sent to the owners in the proposed local service area, Mr. Cochrane noted
that the letter sent to the property owners explained that any utility hook-ups
and archaeological costs on private property would be the responsibility of the
property owner, and that these could be significant.
A member of Council acknowledged that while
the Municipality has met the notification requirements as set out in the
provincial legislation, it would be desirable to ensure that all the owners who
did not submit a counter-petition are in fact aware of the proposed underground
wiring, and it was suggested that staff contact those owners for confirmation
in that regard.
The discussion turned to timelines where
Mr. Cochrane noted that in order to take advantage of the BC Hydro grant, whereby
the deadline for commencing the project is March 31, 2007, the Bylaw would need
to be adopted without delay, as a one month “quashing period” would have to
pass before the project could get underway.
However, he noted, if the Bylaw adoption were delayed by a week, to be
considered again at a Special Council meeting, the required timelines would
still likely be met.
Keith Palmer, 2710 Estevan Avenue, spoke to his letter, saying although he is
in favour of beautifying the area, he felt that because the pole outside the
corner of his property is a support pole for the utility pole that is situated
across the street on the south west corner of Estevan Avenue and the Esplanade,
his property should not be included in the local area service.
In response to Council asking what would be
the result of eliminating one property from the service area at this stage, Mr.
Cochrane said that the proposed project would have to start again from the
beginning. However, he said, once the
Bylaw has been adopted and the project is underway, it would be possible to
reduce or change the definition of the area after the first year has been paid
for, with the remaining property owners absorbing the remaining cost. This would be an unusual course of action, he
noted.
Acknowledging Mr. Palmer’s letter of
objection to being included in the service area, Mr. Cochrane noted that when Mr.
Palmer voiced his support for the proposed project when he spoke at the May 16,
2005 Committee of the Whole meeting, Council likely thought that Mr. Palmer was
in favour of being in the proposed local service area.
A member of Council made the comment that
in his opinion, there would be value added to Mr. Palmer’s property through its
inclusion in the service.
It was the consensus of Council to defer consideration
of adoption of the Bylaw to allow the Municipal Administrator to make the
suggested telephone calls to the property owners that did not submit a counter-petition,
with the Bylaw being brought back for consideration at a Special Council
meeting in one week’s time.
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That correspondence
items no. 2007-17 and 2007-17-1 be received.
CARRIED
Councillor Cassidy returned to the meeting at 8:25
p.m.
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
TABLED:
Development Variance Permit —
MOVED by Councillor Cassidy
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 3283 Henderson
Road (Lot 13, Section 31, Victoria District, Plan 10390), varying the
following provision of Bylaw No. 3531, Zoning
Bylaw, 1986, as amended:
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Bylaw
Section |
Permitted |
Requested |
Variance |
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4.15.1 Maximum Paved
Surfaces |
25% |
26.5% |
1.5% |
to accommodate paving in the front yard, as shown on the plans appended to Committee of the Whole agenda item #2006-403, being a memorandum from the Director of Building and Planning dated November 23, 2006.
CARRIED
The question on the main
motion was then called.
CARRIED
BYLAWS:
For Adoption (subject to results of counter-petition
process)
Bylaw No. 4329
As had been
discussed earlier in the meeting, it was the consensus of Council that
consideration of adoption of Bylaw No. 4329, Esplanade Local Service Area Establishment and Loan Authorization
Bylaw, 2006 be deferred.
For Amendment and Third
Bylaw No. 4339
MOVED by Councillor Herbert
Seconded by Councillor Copley, That third
reading of Bylaw No. 4339, Financial Plan
Bylaw, 2006 Amendment Bylaw, 2007, given on December 11, 2006, be rescinded.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Copley, That Bylaw
No. 4339, Financial Plan Bylaw, 2006
Amendment Bylaw, 2007, be amended by replacing Schedule A with the revised
Schedule A included in the January 8, 2007 Council agenda.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Copley, That Bylaw
No. 4339, Financial Plan Bylaw, 2006
Amendment Bylaw, 2007, as amended, be read a third time.
CARRIED
For First, Second and Third Reading
Bylaw No. 4341
MOVED by Councillor Jensen
Seconded by Councillor Carson, That Bylaw No. 4341, Sewer
User Charge Amendment Bylaw, 2007, be introduced and
read a first time.
CARRIED
(Councillor
Cassidy and Councillor Herbert against the motion)
MOVED by Councillor Jensen
Seconded
by Councillor Carson, That Bylaw No. 4341, Sewer User Charge Amendment
Bylaw, 2007, be read a second time.
Opposing points of view were raised by members of Council with respect to
whether a portion of sewer charges should continue to be collected through
utility billing or whether all should be collected through taxation. One point of view was that the option of placing
the sewer charges on the utility bill based on water consumption would not be
fair to larger families who have higher consumption and would reward those
residents who take extended vacations resulting in less water usage, and
therefore, reduce the amount paid towards the sewer costs.
It was also noted that if the sewer costs were
collected through property taxes, it would give qualifying homeowners an
opportunity to defer the sewer costs included in the taxes through the Property
Tax Deferment Program, perhaps making it more financially easy for seniors to
continue living in their homes for a longer period of time.
Finally, the view was expressed that
collecting sewer costs through utility billing hides the true cost of sewers.
Comments in support of the “user pay”
system of recovering sewer costs through utility billing were also heard and it
was noted that many other communities use such a system as a fair and equitable
way to distribute the sewer costs amongst property owners.
It was suggested that the method of cost
recovery for sewers could be revisited in one year’s time.
The question was then called.
CARRIED
(Councillor
Cassidy and Councillor Herbert against the motion)
MOVED by Councillor Jensen
Seconded
by Councillor Carson, That Bylaw No. 4341, Sewer User Charge Amendment
Bylaw, 2007, be read a third time.
CARRIED
(Councillor
Cassidy and Councillor Herbert against the motion)
Bylaw No. 4342
MOVED by Councillor Jensen
Seconded
by Councillor Carson, That Bylaw No. 4342, Water Rate Bylaw Consumption
Charge Amendment Bylaw, 2007, be introduced and
read a first time.
CARRIED
MOVED by Councillor Jensen
Seconded
by Councillor Carson, That Bylaw No. 4342, Water Rate Bylaw
Consumption Charge Amendment Bylaw, 2007, be read a second
time.
CARRIED
MOVED by Councillor Jensen
Seconded
by Councillor Carson, That Bylaw No. 4342, Water Rate Bylaw
Consumption Charge Amendment Bylaw, 2007, be read a third time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Jensen
Seconded by Councillor Carson, That the open portion of the
meeting of
CARRIED
The meeting adjourned at 8:43
p.m.
Certified Correct:
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_______________________________ Municipal Clerk |
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