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, January 9, 2006.

 

PRESENT:

Acting Mayor A. R. Cassidy

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor P. Copley

Councillor J. D. Herbert

Councillor N. B. Jensen

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Executive Secretary, D. Beesley

Director of Building and Planning, N. Beattie

Municipal Treasurer, P. A. Walker

Municipal Engineer, S. G. Pitt

 

Acting Mayor Cassidy called the meeting to order at 7:30 p.m.

 

MINUTES OF MEETING:

 

Council – December 12, 2005

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Council meeting held on Monday, December 12, 2005, be adopted.

CARRIED

 

Committee of the Whole – January 3, 2006

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the minutes of the Committee of the Whole meeting held on Tuesday, January 3, 2006, be adopted.

CARRIED

 

COMMUNICATIONS:

 

1.

2006-21

 

GREATER VICTORIA FILM COMMISSION, December 12, 2005

Re Grant Application

 

Starr McMichael, Chair, Greater Victoria Film Commission, was in attendance to answer any questions from Council regarding the Greater Victoria Film Commission’s grant request.

 

Ms. McMichael made Council aware of the challenges of working under the Film Commission’s current model, noting that a review would be conducted in this regard.

 

MOVED by Councillor Carson,

Seconded by Councillor Herbert, That a grant in the amount of $4,000 be approved for the Greater Victoria Film Commission, and that the remaining $500 of the request be referred to Estimates Committee.

CARRIED

 

2.

2006-22

2006-22-1

JUDY YOUNG, December 12, 2005

MUNICIPAL TREASURER, January 5, 2006

Re Request to Reverse Late Tax Payment Penalty

 

Speaking to her memorandum, the Municipal Treasurer noted that there are several places on the District of Oak Bay’s Property Tax Notice where it is stated that a homeowner grant application must be submitted by the property tax due date in order to avoid penalty.

 

It was the view of Council that the information contained on the tax notice is adequate, and that an application to the Provincial Government to request the waiver of the late tax payment penalty was not supportable.

 

MOVED by Councillor Jensen,

Seconded by Councillor Herbert that Item No. 2006-22 and No. 2006-22-1 be received.

CARRIED

 

3.

2006-23

DIRECTOR OF BUILDING AND PLANNING, January 5, 2006

Re Application for Heritage Alteration Permit—1149 Victoria Avenue

 

MOVED by Councillor Carson,

Seconded by Councillor Copley, That this Item be referred to the Heritage Advisory Panel for review and a recommendation to Council.

            CARRIED

 

4.

25006-24

UNION OF BRITISH COLUMBIA MUNICIPALITIES, December 13, 2005

Re 2006 UBCM Membership Dues

 

MOVED by Councillor Herbert,

Seconded by Councillor Jensen, That Council approve the 2006 UBCM membership dues, in the amount of $7,885.18.

CARRIED

 

NEW BUSINESS:

 

Willows Beach Seawall

 

Referring to a question from Acting Mayor Cassidy regarding the portion of Willows Beach seawall succumbing to the ocean tide, the Director of Engineering Services said that seventy metres of the seawall is failing and it will soon have to be dismantled and rebuilt. 

 

Mr. Pitt outlined the process the Engineering Department would undertake to replace the Willows Beach seawall, noting that while some work would be done now, the reconstruction of the seawall would have to wait for the spring, when the tides are lower.

 

Speaking to how the work would be funded, the Municipal Administrator noted that the reserve set aside for this type of work would not be sufficient to cover the entire cost.  However, said Mr. Cochrane, it would be possible to reallocate funds from other capital project budgets, such as sidewalk renewal.

 

Boats at Queens’ Park

 

Council was made aware of Councillor Jensen’s concerns regarding the number of small boats stored on the waterside of Queens’ Park and the impediment it places on public access to the beach.  The situation recently came to his attention, said Councillor Jensen, when he was approached by a resident at the Park who told him she was unable to access the beach because of the many boats.  In his observation, said Councillor Jensen, most of the boats at the beach below Queens’ Park were in an unserviceable condition, but others were obviously used for transportation to and from larger craft moored in the bay further offshore.

 

It was noted that the issue of dinghy storage in this location had been brought to Council’s attention in the past, but that the direction had been to take no action.  In light of the degree of interference with public passage now apparent, however, Council felt that the policy of forbearance may no longer be appropriate.

 

Staff having noted that a removal and impoundment process was set out in municipal bylaws, Council suggested that for the time being this process be followed for those boats which were clearly so dilapidated as to be unseaworthy and beyond repair.  It was also suggested that a sign be erected advising that the storage of boats on this public property was prohibited.

 

MOVED by Councillor Carson,

Seconded by Councillor Copley, That staff be directed to post notices and commence the removal and impoundment procedure for those dinghies abandoned at Queens’ Park which are in a derelict and unseaworthy condition.

CARRIED

 

MOVED by Councillor Carson,

Seconded by Councillor Jensen, That staff be directed to erect a sign at the Queens’ Park beachfront advising boaters that the storage of dinghies in this location interferes with the public use and enjoyment of the park and beach; that it is prohibited by bylaws and that boats stored in this area are liable to removal and impoundment.

CARRIED

 

It was clarified by Council that staff was not, however, being instructed to commence the actual removal and impoundment process for seaworthy boats at this time, and that further direction should be sought before taking that step.

 

The question was then called.

CARRIED

 

RESOLUTIONS:

 

Traffic Control Order No. 2006-01 (Parking Restrictions on Arden Road)

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That signs be erected on the north and south sides of Arden Road to indicate Residential Only parking, and that signs be erected on the area of Arden Road abutting Gyro Park directly at the east end of Arden Road to indicate that parking in the area so marked is restricted to two hours duration between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday.

CARRIED

 

BYLAWS:

 

For First, Second and Third Readings

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4301, Fire Regulation Bylaw Amendment Bylaw, 2006,be read a first time.

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4301, Fire Regulation Bylaw Amendment Bylaw, 2006,be read a second time.

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4301, Fire Regulation Bylaw Amendment Bylaw, 2006,be read a third time.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4302, Subdivision and Development Bylaw Amendment Bylaw, 2006, be read a first time.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4302, Subdivision and Development Bylaw Amendment Bylaw, 2006, be read a second time.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4302, Subdivision and Development Bylaw Amendment Bylaw, 2006, be read a third time.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4303, Sewer User Charge Amendment Bylaw, 2006, be read a first time.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4303, Sewer User Charge Amendment Bylaw, 2006, be read a second time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4303, Sewer User Charge Amendment Bylaw, 2006, be read a third time.

CARRIED

 

ADJOURNMENT:

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, 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 and the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

CARRIED

 

The meeting adjourned at 8:06 p.m.

 

 

Certified Correct

 

 

 

 

Municipal Clerk

 

 

 

 

Acting Mayor