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, June 11, 2007 following the Public Hearing at 7:30 p.m.

 

PRESENT:

Councillor H. Braithwaite

Councillor A. R. Cassidy

Councillor P. Copley

Councillor J. D. Hebert

Councillor N. B. Jensen (Acting Mayor)

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. Marshall

 

Acting Mayor Jensen called the meeting to order at 7:40 p.m. 

 

AGENDA

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the agenda be amended to add correspondence item 2007-171 being a letter from the Capital Regional District, and that the order of the agenda be amended to consider the Bylaws following the adoption of the minutes of meetings.

 

CARRIED

 

MINUTES OF MEETINGS:

 

Council – May 28, 2007

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the minutes of the Council meeting held on Monday, May 28, 2007, be adopted.

 

CARRIED

 

Special Council – June 4, 2007

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Special Council meeting held on Monday, June 4, 2007, be adopted.

 

CARRIED

 

Committee of the Whole June 4, 2007

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Monday, June 4, 2007, and the recommendations contained therein, be adopted. 

CARRIED

BYLAWS:

 

For Adoption

 

Bylaw No. 4318

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4318, Oak Bay Beach Hotel Land Use Contract Discharge Bylaw, 2006, be adopted.

 

CARRIED

 

Bylaw No. 4319

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4319, Oak Bay Official Community Plan Bylaw Amendment Bylaw No. 1, 2006, be adopted.

 

CARRIED

 

Bylaw No. 4320

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4320, Sixty-Ninth Zoning Bylaw Amendment Bylaw, 2006, be adopted.

 

CARRIED

 

Bylaw No. 4321

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4321, Parking Facilities Bylaw Amendment Bylaw No. 2, 2006, be adopted.

 

CARRIED

 

For Third Reading and Final Adoption (Subject to Outcome of Public Hearing)

 

Bylaw No. 4365

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4365, Seventy-First Zoning Bylaw Amendment Bylaw, 2007, be read a third time.

 

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4365, Seventy-First Zoning Bylaw Amendment Bylaw, 2007, be adopted.

 

CARRIED

Bylaw No. 4366

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That Bylaw No. 4366, Seventy-Second Zoning Bylaw Amendment Bylaw, 2007, be read a third time.

 

A member of Council asked that staff address Ms. Moira Harrison’s concerns raised at the public hearing regarding the recycling truck and the need for appropriate playground signage in the vicinity of the area proposed to be used for soft plastics recycling.

 

Responding to Ms. Harrison’s concerns regarding the recycling truck associated with the soft plastic recycling, the Municipal Administrator explained that commercial vehicles are not permitted to park on the street.  Mr. Cochrane noted that it could be clarified with the recycling depot organizers that the recycle truck would be required to park in the area to be zoned for such a use.

 

Regarding signage, Mr. Cochrane noted that Carnarvon Park may already have appropriate playground signage in place, and that perhaps temporary sandwich-board signs could be erected to alert park users during the times the soft plastic recycling depot truck is on site at Carnarvon Park.  Further, said Mr. Cochrane, the agreement between the Municipality and the depot organizers could address any signage requirements.

 

The question was then called.

 

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That Bylaw No. 4366, Seventy-Second Zoning Bylaw Amendment Bylaw, 2007, be adopted.

 

CARRIED

 

Bylaw No. 4367

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4367, Seventy-Third Zoning Bylaw Amendment Bylaw, 2007, be read a third time.

 

 

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4367, Seventy-Third Zoning Bylaw Amendment Bylaw, 2007, be adopted.

 

CARRIED

 

 

 

 

 

 

Bylaw No. 4335

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4335, Seventieth Zoning Bylaw Amendment Bylaw, 2007, be read a third time.

 

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4335, Seventieth Zoning Bylaw Amendment Bylaw, 2007, be adopted.

 

CARRIED

 

For Third Reading (Subject to Outcome of Public Hearing)

 

Bylaw No. 4348

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That Bylaw No. 4348, Uplands Regulations Bylaw Amendment Bylaw, 2007, be read a third time.

 

CARRIED

 

COMMUNICATIONS:

 

1.

2007-169

ORISSA HENDERSON, June 4, 2007

Re Request for Street Closure for Block Party on Cavendish Avenue – August 18, 2007

 

Councillor Herbert declared a conflict of interest with respect to correspondence item no. 2007-169 in that he lives on Cavendish Avenue.  Councillor Herbert left the meeting at 7:55 p.m.

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That permission be given for the closure of Cavendish Avenue between Beach Drive and Musgrave Street on Saturday, August 18, 2007, from 1:00 p.m. to sundown, for the purpose of a neighbourhood block party.

 

CARRIED

 

Councillor Herbert returned to the meeting at 7:56 p.m.

 

2.

2007-170

OAK BAY HERITAGE STEERING COMMITTEE, May 10, 2007

Re Minutes of Meeting

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That the minutes of the Oak Bay Heritage Steering Committee meeting held on May 10, 2007 be received.

 

CARRIED

 

3.

2007-171

CAPITAL REGIONAL DISTRICT, May 23, 2007

Re Request for Grant for Public Education Campaign for Pesticide Reduction

 

The Municipal Administrator noted that the Capital Regional District (CRD) is requesting from Oak Bay a grant of $3,000 ($1,500 for the survey and $1,500 for the education campaign) as Oak Bay’s portion to assist with funding a public education campaign for pesticide reduction.  Mr. Cochrane explained that at this time the 2007 budget has been set, and that although there is a budget for miscellaneous grants, it would not cover the amount being requested.  

 

There was discussion regarding the request, and Council indicated its support for the proposed initiative, acknowledging the value public education would have on addressing the issues related to pesticide use.

 

With respect to the request for funding however, Council acknowledged that as the budget has already been set, there are no funds available for the proposed campaign.  Members of Council also expressed some concerns with a grant being requested from Oak Bay rather than the required funds being included in the CRD tax requisition, as would be in keeping with the usual practice. 

 

Council questioned whether or not the CRD might be able to find the required funds within its own budget given no funds are available within Oak Bay’s budget.

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That staff be directed to send a letter to the Capital Regional District indicating support in principle for the public education campaign for pesticide reduction program but noting that no funding is available within Oak Bay’s budget.

 

CARRIED

 

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

 

On behalf of Council, Councillor Braithwaite congratulated and thanked the Oak Bay Tea Party Society on a very successful event this year, saying that many positive comments have been received

 

RESOLUTIONS:

 

Oak Bay Beach Hotel Redevelopment – 1175 Beach Drive

 

Development Permit 001-07

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to do all acts and things necessary to issue a Development Permit to Bison Properties Ltd., as substantially set out in the form, with the conditions specified, as attached to the resolution with respect to Lot A, Sections 23 and 73, Victoria District, Plan VIP82201, as considered by Council on June 11, 2007, to permit the construction of a new hotel development.

 

CARRIED

Execution of Off-Site Servicing Agreement

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the Mayor and Municipal Clerk be authorized to do all acts and things necessary to execute the off-site servicing agreement between Bison Properties Ltd. and The Corporation of the District of Oak Bay, as substantially set out in the form attached to the printed resolution considered by Council on June 11, 2007.

 

CARRIED

 

 

Execution of Collateral Agreement – Development Permit – 001-07

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the Mayor and Municipal Clerk be authorized to do all acts and things necessary to execute the Collateral Agreement between Bison Properties Ltd. and The Corporation of the District of Oak Bay in respect to Development Permit 001-07, as substantially set out in the form attached to the printed resolution considered by Council on June 11, 2007.

 

CARRIED

 

Baptist Housing Society of British ColumbiaMarrion Gardens – 1980 Bee Street  

 

Development Permit 002-07

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That the Director of Building and Planning be authorized to do all acts and things necessary to issue a Development Permit to the Baptist Housing Society of British Columbia, as substantially set out in the form, with the conditions specified, as attached to the resolution with respect to Lot A, Section 69, Victoria District, Plan 30047 Except Parcel A (DD F70170) as considered by Council on June 11, 2007, to permit the construction of a canopy and porte cochere onto the existing building.

 

CARRIED

 

Execution of Collateral Agreement – Development Permit – 002-07

 

MOVED by Councillor Copley

Seconded by Councillor Herbert, That the Mayor and Municipal Clerk be authorized to do all acts and things necessary to execute the Collateral Agreement between the Baptist Housing Society of British Columbia and The Corporation of the District of Oak Bay in respect to Development Permit 002-07, as substantially set out in the form attached to the printed resolution considered by Council on June 11, 2007.

 

CARRIED

 

 

 

 

 

ADJOURNMENT:

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That the meeting of Council be adjourned

CARRIED

 

The meeting adjourned at 8:12 p.m.

 

 

Certified Correct:

 

 

 

_______________________________

Municipal Clerk

 

 

_______________________________

Acting Mayor