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,
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PRESENT: |
Councillor
S. F. B. Carson Councillor
A. R. Cassidy Councillor
J. D. Herbert Councillor
N. B. Jensen Councillor
C. Macey-Brown |
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STAFF: |
Municipal
Clerk, L. Hilton Director
of Building and Planning, N. Beattie Municipal
Engineer, S. G. Pitt |
MINUTES
OF MEETING:
Council –
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That the minutes
of the meeting of Municipal Council held on
CARRIED
Public Hearing –
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That the minutes
of the public hearing of Municipal Council held on
CARRIED
Special Council –
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That the minutes
of the special meeting of Municipal Council held on
CARRIED
Committee of the Whole –
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That the minutes
of the meeting of Committee of the Whole, and the recommendations contained
therein, held on
CARRIED
COMMUNICATIONS:
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1. |
2005-212 |
GREATER Re Request for Approval of 2006-2010 Greater |
(Glynn Jones,
Treasurer-Controller, Greater Victoria Public Library, in attendance for this
item.)
Councillor Jensen noted
that he, as a member of the Greater Victoria Public Library Board, participated
on the Board’s committee that was formed to review the Library Operating
Agreement which expires at the end of 2005.
He provided an overview of the main changes being proposed to the
agreement as laid out in the letter from the Board (communications item no.
2005-212), which would see the GVPL Board maintain a long term strategic plan,
revisions to the provisions for admission of new members, and inclusion of a
dispute resolution mechanism.
Councillor Jensen stated
the KPMG LLP, chartered accountants, provided a governance review report that
resulted in the proposed changes to the Library Operating Agreement. Additional changes were proposed, he said,
but those changes would require amendments to the Library Act. The request for
amendments to the Library Act, said
Councillor Jensen, have been forwarded to the Province for consideration.
The point was raised
that while the proposed amendments are supportable, the formula for GVPL budget
approval remains the same, whereby approval must be given by municipalities
which, together, were required to pay in the previous year more than half of
the net operating cost of the Board.
Given that this formula gives budget approval to the two largest member
municipalities alone, it was felt that it is unsatisfactory.
Councillor Jensen
advised that this issue has been raised and was looked at with KPMG, noting
that some other members have similar views.
As to the suggestion that the Board consider a “two-thirds” consent
formula, it was noted that this has been discussed, however it was decided
against as it would give the largest municipality veto power. He said that although the current formula may
be imperfect, it is perhaps better than this other alternative.
Responding to the
dissatisfaction about Oak Bay not having any input into the budget under the
current approval formula, Councillor Jensen indicated that various scenarios
had been investigated, however it was determined that there was no way to
satisfy all the competing interests, and consequently there was no consensus by
the Board to change the formula.
With respect to what
effect small percentage changes to the budget approval formula might have on
the overall budget approval process (i.e., requiring the approval of
municipalities that, together, were required to pay in the previous year 55% or
60% of the net operating cost), Councillor Jensen indicated that detailed
analysis of such scenarios was not done.
There was discussion
regarding potential alternative Board models, such as a regional model, and
Councillor Jensen pointed out some of the changes to the Board that would be
associated with this, such as the exclusion of citizen representatives and the
fact that the budget would be approved by the Board – comprised of elected
officials – without direct municipal member input.
It was the majority view
of Council that while the three main proposed changes to the Library Operating
Agreement were supportable, the issue of budget approval needs to be addressed
to the satisfaction of smaller member municipalities. It was noted that an upcoming meeting of the
MOVED by Councillor
Carson
Seconded by Councillor
Cassidy, That item no. 2005-212 be deferred.
CARRIED
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2. |
2005-213 |
MRS. EVELYN DOWMAN, Re Request for Waiver of 10% Penalty for Late
Payment of Taxes |
Referring to the
background information included in Council’s agenda package, the Municipal
Clerk said that Mrs. Evelyn Dowman is asking Council to make an application to
the Minister of Community Services for the authority to waive the 10% penalty
for late payment of property taxes, and that Council would need to determine if
the facts of the case warranted an application to the Minister in this regard.
MOVED by Councillor
Carson
Seconded by Councillor
Cassidy, That, pursuant to Section 315.3 of the Local Government Act, an application be made to the Minister of
Community Services for the authority to waive the 10% tax penalty for late
payment of 2005 property taxes for
It was acknowledged that
the application before Council differs from a request for waiver of the penalty
for late tax payment that was approved last year, as detailed in the background
information, and it was suggested that, given that the circumstances were less
unusual than in the case considered in 2004, it would be difficult to
distinguish between the various circumstances that might or might not warrant a
request to the Minister in the future.
Concerns were raised
that the case at hand appeared to be a banking customer service issue, and a
member of Council queried where the bank’s responsibility lies with respect to
the late payment of property taxes.
The view was expressed
that further information with respect to the number of not sufficient fund
(NSF) cheques typically received would be useful prior to making a final decision
on the application, and there was consensus that staff be requested to provide
such details for consideration.
MOVED by Councillor
Carson
Seconded by Councillor
Cassidy, That the resolution with respect to the application to the Minister of
Community Services for waiver for penalty for late property tax payment for
CARRIED
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3. |
2005-214 |
MUNICIPAL ADMINISTRATOR / SUBDIVISION
APPROVING OFFICER, Re Rezoning Application – |
(Ian Barrodale,
Treasurer, Uplands Golf Club, in attendance for this item.)
Councillor Carson
indicated that inasmuch as he is a member of the Uplands Golf Club, he would be
unable to participate in the discussion on this item, and left the meeting at
Ian Barrodale indicated that the
Uplands Golf Club has encroached on the
The Golf Club, said Mr.
Barrodale, has agreed to purchase an approximately 18,000 square foot portion
of the
It was noted that the
lot line adjustment between the
With respect to
considering its requirement, pursuant to the Local Government Act, to provide one or more opportunities it
considers appropriate for consultation with persons, organization and
authorities it considers will be affected by the proposed Official Community
Plan amendment, it was felt that a notice in the newspaper would be appropriate
in this regard.
MOVED by Councillor
Herbert
Seconded by Councillor
Macey-Brown, That a notice be placed in the newspaper advising the public of
the application for an Official Community Plan amendment, and of the
opportunity to provide input either in writing or by attending Committee of the
Whole meetings where the application will be considered.
CARRIED
There was agreement that
the application be placed in front of Committee of the Whole, along with the
draft bylaws, when it next meets in September.
Councillor Carson
returned to the meeting at
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4. |
2005-215 |
DIRECTOR OF BUILDING AND PLANNING, Re |
Attention was drawn to
the application for a development variance permit to allow pavers to be
installed in the front yard at
Responding to questions
from Council, the Director of Building and Planning advised that the area
proposed to be covered with pavers was not configured in such a way as to be
used for parking vehicles.
It was pointed out by a
member of Council that the proposed paving stones would not be visible from the
street, and that the residents of
Colin Chadwick, 2179
Beaverbrooke Place,
responding to questions from Council, indicated that he proposes to place the
pavers in the raised area only. He
further indicated that rather than requiring 55% of the front yard to be paved,
as originally requested, he has since determined that 45% of the paved surface
would be adequate, and he was willing to amend his application to reflect
that.
MOVED by Councillor
Macey-Brown
Seconded by Councillor
Cassidy, That the Director of Building and Planning be authorized to issue a
development variance permit with respect to Lot 12, Section 22, Victoria
District, Plan 1136 (2179 Beaverbrooke Place) which will vary the regulations
of Bylaw No. 3531, Zoning Bylaw, 1986,
as amended, to permit the siting of a paved surface which will cover 45% of the
front yard, in accordance with the plans attached to the memorandum from the
Director of Building dated July 19, 2005.
MOVED by Councillor
Macey-Brown
Seconded by Councillor
Cassidy, That the resolution in respect to the development variance permit for
CARRIED
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5. |
2005-216 |
DIRECTOR OF BUILDING AND PLANNING, Re |
(Tom Moore, Moore
Paterson Architects Inc., and Rob Hunter, Devon Properties Ltd., in attendance
for this item.)
Tom Moore provided an overview of
the proposed renovation/expansion of the building at
Mr. Moore drew attention
to the request for a parking variance, noting that it is actually proposed to
add six parking stalls to what currently exists, although no new tenants or
staff are anticipated by the tenants of the building in connection with the
expansion.
Rob Hunter, with respect to the
requested parking variance and proposed increase in stalls, noted that at the
current time there are no parking problems in the parking lot.
Mr. Moore and Mr. Hunter
answered questions from Council with respect to various details of the proposed
renovation/expansion.
While members of Council
indicated that they did not have any major concerns with respect to the
proposal at this point, it was felt that the plans should be referred to the
Advisory Design Panel prior to giving further consideration to the requested
variances.
MOVED by Councillor
Macey-Brown
Seconded by Councillor
Herbert, That the plans for the renovation/upgrade of
CARRIED
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6. |
2005-217 |
DIRECTOR OF BUILDING AND PLANNING, Re |
Attention was drawn to
the request from
Responding to questions
from Council, the Director of Building and Planning indicated that while the
original application had envisioned vinyl window frames, the request had since
been changed to reflect wood window frames, which would be more in keeping with
the heritage significance of the building.
Given that the structure
is a designated heritage site, it was the view of Council that the application
should be referred to the Community Heritage Commission for a recommendation
with respect to the proposed changes.
MOVED by Councillor
Macey-Brown
Seconded by Councillor
Herbert, That the request for a heritage alteration permit for the
CARRIED
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7. |
2005-218 |
Re Request for Permission for Partial Road
Closure ( |
MOVED by Councillor Macey-Brown
Seconded by Councillor Cassidy,
That the request for closure of Hampshire Road between Oak Bay Avenue and the
entrance to Athlone Court between 8 o’clock a.m. and 3:30 o’clock p.m., of Oak
Bay Avenue between Elgin Road and Monterey Avenue between 9 o’clock a.m. and 12
o’clock noon, and Oak Bay Avenue between Wilmot Street and Monterey Avenue
between 12 o’clock noon and 3 o’clock p.m., September 17, 2005, in connection
with the Oak Bay Business Improvement Association’s Tour de Rock fundraising
event be approved subject to
a)
the
execution of a letter of undertaking setting out the terms and conditions under
which the occupancy and road closure is permitted, and providing evidence of
insurability in this regard;
b)
adherence
with a traffic management plan approved by the Oak Bay Police Department; and
c)
assuming
all responsibility for any and all extraordinary costs incurred by the
Municipality in connection with the event.
CARRIED
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8. |
2005-219 2005-219-1 |
ANN AND IAN MACMILLAN, MUNICIPAL ADMINISTRATOR, Re Proposed Purchase of Part of |
It was noted that the
owners of
With respect to the
increased development potential that would exist were the Municipality to sell
the requested portion of the road right of way, Ian MacMillan,
Questions were raised
regarding the properties to the east of 24 Maquinna Street, and potential
access issues should the portion of the road right of way be sold to the MacMillans,
and it was the view of Council that information in this regard should be
provided prior to giving further consideration to the purchase request.
MOVED by Councillor
Cassidy
Seconded by Councillor
Herbert, That staff be requested to provide further information with respect to
right of access for the properties lying to the east of
CARRIED
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9. |
2005-220 2005-220-1 --
-- |
MUNICIPAL ENGINEER, EXCERPT FROM MINUTES OF MEETING OF COMMITTEE OF THE WHOLE, Re |
Keith Hills, 1644
Monterey Avenue,
indicated that he wished to purchase the portion of unused lane right of way
adjacent to the rear of his property, up to the common fence shared with
Attention was drawn to
the fact that there are five other neighbouring properties that encroach into
the unused lane right of way, and this should be taken into consideration prior
to making a decision regarding the request to purchase.
MOVED by Councillor
Jensen
Seconded by Councillor
Cassidy, That staff be asked to provide a report with respect to the request to
purchase a portion of the lane right of way adjacent to
CARRIED
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10. |
2005-221 |
MUNICIPAL ENGINEER, Re |
MOVED by Councillor
Cassidy
Seconded by Councillor
Carson, That approval be given for a boulevard encroachment at
CARRIED
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11. |
2005-222 |
JANET KNIGHT, Re Request for Road Closure for Block Party ( |
MOVED by Councillor
Jensen
Seconded by Councillor
Cassidy, That permission be given for the closure of Wilmot Place on September
10, 2005, from 5:30 o’clock p.m. to 10 o’clock p.m. for the purpose of a
neighbourhood block party.
CARRIED
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12. |
2005-223 |
DISTRICT OF METCHOSIN, Re Request for Extension - Regional Context
Statement |
MOVED by Councillor Jensen
Seconded by Councillor Herbert,
That, as requested by the District of Metchosin, a letter be sent to the Minister
of Community Services in support of Metchosin’s application for a three month
extension to the deadline for submitting its Regional Context Statement to the
Capital Regional District.
CARRIED
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13. |
2005-224 |
DIANE MACRAE, Re Request for Installation of Dog Drinking
Fountain at |
MOVED by Councillor Herbert
Seconded to Councillor
Carson, That item no. 2005-224 requesting the installation of a dog drinking
fountain at
CARRIED
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14. |
2005-225 |
ENGAGEMENT RING PRODUCTIONS INC., Re Request for Road Closure for Film
Production |
MOVED by Councillor
Jensen
Seconded by Councillor
Cassidy, That the closure of
There was discussion
regarding the proposed road closure to accommodate a film production during the
weeks of August 22 and August 29, and it was pointed out that the area in
question is very sensitive with respect to its natural vegetation. It was noted that in addition to closing the
road to traffic, the film company wished to have permission to park within the
various “pull-outs” along
Following further
discussion, it was the majority view of Council that a road closure was not in
the best interests of the residents and natural environment. It was further noted that parking in the
pull-outs along
The question was then
called.
DEFEATED
(Mayor Causton and
Councillors Cassidy, Herbert and Macey-Brown
against the motion)
In light of the concerns
raised by members of Council, Mayor Causton proposed to meet with the film
company representative and municipal staff to relay Council’s concerns, and
work towards an alternative to road closure and the parking of film vehicles
along
TABLED:
Development Variance
Permit –
MOVED by Councillor Jensen
Seconded by Councillor Cassidy,
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 21, Block
B, Section 31, Victoria District, Plan 3560 (3055 Rutland Road) that will vary
the Zoning Bylaw, 1986, as amended, as follows, to permit renovations to the
single family dwelling in accordance with the plans considered by Committee of
the Whole on June 20, 2005:
|
Bylaw Section |
Permitted |
Requested |
Variance |
|
6.2.4.(3)(a) & |
3.0
metres |
5.1
metres |
2.1
metres |
|
6.2.4.(3)(c) &
Schedule “C” Maximum Roof Height |
4.6
metres |
6.5
metres |
1.9
metres |
CARRIED
The question on the main
motion was then called.
CARRIED
MOTIONS / RESOLUTIONS:
Attendance at 2005
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That Council approve the attendance of
CARRIED
2008 BC Seniors Games
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That Oak Bay Council endorse the joint Intermunicipal bid for the hosting of
the BC Seniors Games in 2008, and that it support in principle the allocation
of its share, not exceeding $9,000, of the local government portion of the
funding for the event.
CARRIED
Development Permit –
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That the Director of Building and Planning be authorized to issue a
development permit in respect of Amended Lot 22 (DD 209210-I), block 14,
Section 2, Victoria District, Plan 379 (2359 Beach Drive), amending development
permit no. 2004-03 (authorized by Council resolution dated February 23, 2004),
to allow the originally approved landscaping, signage, screening, and trellis
work on the Beach Drive side of the property to be modified as shown in the
plans attached to the memorandum from the Director of Building and Planning
dated July 5, 2005, and reviewed by Committee of the Whole on July 18, 2005.
CARRIED
BYLAWS:
For Final Adoption
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That Bylaw No. 4285, Land Development
Tree Protection Bylaw, 2005, be finally adopted.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That Bylaw No. 4286, Ticket Information
Utilization Bylaw Amendment Bylaw No. 3, 2005, be finally adopted.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That Bylaw No. 4287, Lease Authorization
Bylaw, 2005, be finally adopted.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That Bylaw No. 4288, Financial Plan Bylaw, 2005, Amendment Bylaw No. 1, 2005, be finally adopted.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That Bylaw No. 4289, Capital Works and Equipment Reserve Fund Appropriation Bylaw
No. 2, 2005,
be finally adopted.
CARRIED
For Introduction and
First, Second and Third
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That Bylaw No. 4275, Guide Hall Licence
Authorization Bylaw, 2005, be introduced and read a first time.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That Bylaw No. 4275, Guide Hall Licence
Authorization Bylaw, 2005, be read a second time.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That Bylaw No. 4275, Guide Hall Licence
Authorization Bylaw, 2005, be read a third time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That the meeting
be adjourned.
CARRIED
The meeting
adjourned at
Certified Correct
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Municipal
Clerk |
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