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 12, 2006.

 

PRESENT:

Mayor C. M. Causton

Councillor H. Braithwaite

Councillor A. R. Cassidy

Councillor P. Copley

Councillor J. D. Herbert

Councillor N. B. Jensen

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

 

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

 

MINUTES OF MEETING:

 

Council – May 23, 2006

 

MOVED by Councillor Cassidy

Seconded by Councillor Jensen, That the minutes of the Council meeting held on Tuesday, May 23, 2006, be adopted.

CARRIED

 

Committee of the Whole – June 5, 2006

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That the minutes of the Committee of the Whole meeting held on Monday, June 5, 2006, and the recommendations contained therein, be adopted.

 

Oak Bay Beach Hotel Redevelopment Application

 

Mayor Causton suggested that clarification on certain items regarding the Oak Bay Beach Hotel application should be addressed to provide additional information to assist Council members in their decision making and to provide guidance to staff should direction be given to draft bylaws.  The following items were discussed and consensus reached as noted:

 

Referring to the previous discussion regarding whale watching, it was the consensus of Council that whale watching activities should not be prohibited, nor should there be time restrictions imposed on use of the dock or marine related activities in general.  Additionally, there was no direction to limit the number of whale watching trips per day.   The members of Council agreed that the use of personal watercrafts should not be permitted.

 

The discussion then moved to the issue of length of stay that should be permitted in a hotel use zone, should one be established, with the majority of Council agreeing that a hotel stay should not exceed four months in a twelve month period, but that there should be no further restrictions with respect to the time of year.

 

Council members agreed that the interior reconstruction of the significant heritage elements of the current hotel that are proposed to be relocated, such as the Snug and the lobby, should be ensured by means of a covenant, with no “sunset” clause.  Any application to discharge, therefore, would have to be brought to future Council.

 

Regarding public access, the applicant expressed his concern regarding a Right of Way potentially being registered against the Oak Bay Beach Hotel property.  As an alternative, members of Council suggested registering a covenant to ensure public access to the property for now and in the future.  Such a covenant, it was suggested, could contain wording that would ensure access to the grounds and lobby would not be unduly restricted, and it was noted that there could be further discussion between staff and the applicant regarding the meaning of “undue”.

 

It was agreed that the issue of the intercom camera-monitored entry for delivery vehicle access and the potential noise that may be associated with that had been addressed by the applicant satisfactorily.

 

The applicant indicated that, as part of the offsite servicing, underground wiring along Beach Drive adjacent to the hotel property was being contemplated.

 

The question was then called.

CARRIED

 

COMMUNICATIONS:

 

1.

2006-164

MUNICIPAL ADMINISTRATOR, May 24, 2006

Re Animal Control Services

 

As requested by Estimates Committee, the Municipal Administrator obtained a quote for animal control and pound services from Victoria Animal Control Services Ltd. (VACS).  Mr. Cochrane said that the Municipality has contracted with Capital Regional District (CRD) for its animal control service since 2004 and the fees are based on a per capita basis.  Oak Bay has a contract until 2008 with the CRD, which is automatically renewed each year unless either party gives notice of termination, he said. 

 

Noting that both CRD staff and Victoria Animal Control Services staff were in attendance, there was consensus to hear from both parties.

 

Mr. Don Brown, Chief Bylaw Enforcement Officer, Capital Regional District, provided information on the CRD’s current animal control services in Oak Bay.  Mr. Brown advised that over the past two years the CRD has fulfilled its contract duties with little or no complaints regarding the service being received.  Mr. Brown noted that Oak Bay has a high level of minor complaints unlike some of the other areas that CRD animal control service covers.

 

Responding to questions with respect to the number of bylaw enforcement staff available to monitor all contract areas, which include Central and North Saanich, Sooke, Colwood, Metchosin, Langford, View Royal, Highlands, Gulf Islands, Esquimalt, and Sidney, Mr. Brown said there were 11 staff in total. 

 

A Council member noted that the CRD’s bylaw enforcement and animal control offices are located in Langford, and asked Mr. Brown to provide information on the amount of time used for traveling to and from Langford.

Mr. Brown responded to various other questions from members of Council, noting that he had not prepared a summary of the CRD’s service, as he had not been asked for one, noting he hoped he would be permitted the opportunity to do so.

 

Mr. Ian Fraser, Victoria Animal Control Services Ltd. (VACS), provided information to Council on its services saying he was asked to put forward a comprehensive proposal for animal control and pound keeper services for review.  Mr. Fraser noted that VACS’s location is conveniently located on David Street which provides for timely response to complaints.  As with the City of Victoria, Mr. Fraser said VACS would offer Oak Bay a proactive service that provides on call availability 24 hours a day, 7 days a week. 

 

In response to a question from a member of Council, Mr. Fraser noted that VACS would increase staff shifts by one hour a day rather than increasing the number of staff at this time to accommodate an agreement with the District of Oak Bay.  Currently VACS employs one casual and three full time officers, and two pound staff, he said.

 

It was noted that the Municipality would continue to administer the licensing system in Oak Bay should an agreement be entered into with VACS.

 

Responding to questions, the Municipal Administrator informed Council that the City of Victoria has been pleased with the services offered by VACS.  Mr. Cochrane said he had the opportunity to inspect the animal shelter, finding it very clean and well organized.

 

Mr. Brown commented that the CRD would be in a position to mold its animal control contract to fit Oak Bay’s requirements. 

 

A Council member commented that although the CRD indicated that it could be flexible in contract renewal negotiations, it was understood that the fees and patrol hour provisions of the contract would not be negotiable.

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That Item No. 2006-164 be tabled to allow Capital Regional District Animal Control Services to come forward with a detailed animal control services proposal for further consideration.

 

CARRIED

(Councillor Braithwaite against the motion)

 

2.

2006-165

CAPITAL REGION EMERGENCY SERVICES TELECOMMUNICATIONS, May 25, 2006

Re CREST Cost Allocation

 

A member of Council drew attention to the correspondence received from the Capital Region Emergency Services Telecommunications Inc. (CREST) regarding the Cost Allocation Method proposal submitted.

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Council approve the Capital Region Emergency Services Telecommunications Inc. Cost Allocation Method as proposed in correspondence item 2006-165.

 

CARRIED

 

3.

2006-166

NIKKI MCCALLUM, May 20, 2006

Re Request for Street Closure on Epworth Street – July 1, 2006

 

MOVED by Councillor Cassidy

Seconded by Councillor Jensen, That permission be given for the closure of Epworth Street from the intersections of Haultain Street and Epworth Street, and Fair Street and Epworth Street, on Saturday, July 1, 2006, from 3 o’clock p.m. to 9 o’clock p.m., for the purpose of a neighbourhood block party.

 

CARRIED

 

4.

2006-167

DIANE MACRAE, June 5, 2006

Re Request for Street Closure on St. Patrick Street – July 1, 2006

 

MOVED by Councillor Cassidy

Seconded by Councillor Jensen, That permission be given for the closure of St. Patrick Street between Beach Drive and Central Avenue on Saturday, July 1, 2006, from 9 o’clock a.m. to 11 o’clock a.m., for the purpose of a neighbourhood block party.

 

CARRIED

 

5.

2006-168

ELAINE LEWIS AND JUDY BELL, May 18, 2006

Re Request for Street Closure on Byron Street – July 1, 2006

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That permission be given for the closure of Byron Street between Elgin Road and Foul Bay Road on Saturday, July 1, 2006, from 1 o’clock p.m. to 5 o’clock p.m., for the purpose of a neighbourhood block party.

 

CARRIED

 

6.

2006-169

5TH GARRY OAK SCOUT GROUP, May 23, 2006

Re Occupancy Agreement – Scout Hall

 

The Municipal Clerk noted that the current agreement granting the Scouts licence to occupy Scout Hall was authorized by Bylaw last year and expires April 14, 2010.  The agreement specifies that the premises are to be used only for purposes related to the Scout movement, therefore an amendment to the agreement to permit rental of the property by the Scouts to other users, as the Scouts have requested, would be necessary.

 

There was consensus that an amendment be written so as not to be necessary for the Scouts to obtain written permission from the Municipality for each request to rent the property as long as the uses are restricted to only those permitted in the P1 General Institutional Use Zone. 

 

In reviewing the Scouts request, staff noted that no tax exemption bylaw has been adopted for either this property or the adjacent lot on which the Guide Hall sits, or for the Kiwanis Tea Room.  The assessment roll currently shows all three of them as exempt, but in fact since they are occupied by a party other than the Municipality, the automatic exemption that would normally apply to Municipal property is not in effect.  Responding to questions, the Municipal Clerk noted that a tax exemption bylaw would be brought forward to Council in the future.

 

It was noted that it would be fair to offer the same amendments to the Girl Guides with respect to its licence to occupy the adjacent building.

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That a Bylaw be drafted to authorize a revised Licence of Occupation for the Scout Hall to permit other users to rent those premises located at 1703 Monterey Avenue.

CARRIED

 

7.

2006-170

CANADA DAY CELEBRATION ORGANIZER –

CITY OF VICTORIA, May 21, 2006

Re Request for Grant

 

The Municipal Treasurer noted that the request for a grant was received following the conclusion of budget deliberations, therefore a grant, if approved, would come from the unallocated grants budget.

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That a grant in the amount of $500 towards fireworks for the 2006 Canada Day celebration be approved.

 

CARRIED

 

8.

2006-171

2006-171-1

DOUGLAS DAY TEA EVENT COORDINATORS, May 6, 2006

DOUGLAS DAY TEA EVENT COORDINATORS, May 31, 2006

Re Request for Grant

 

MOVED by Councillor Cassidy

Seconded by Councillor Jensen, That a grant in the amount of $100 towards the Douglas Day Tea Event for the 2006 be approved.

CARRIED

 

9.

2006-172

BOWKER CREEK URBAN WATERSHED RENEWAL INITIATIVE, May 12, 2006

Re Presentation of Bowker Creek Initiative 2005 Annual Report

 

(Lehna Malmkvist, Bowker Creek Initiative Coordinator, and Jody Watson, Harbours and Watersheds Coordinator, Capital Regional District, in attendance for this item.)

 

Lehna Malmkvist, Bowker Creek Watershed Plan Implementation Coordinator, provided a slide presentation to update Council on the activities over the past year surrounding the Bowker Creek watershed noting its four goals, which include: encourage individuals, community and special interest groups, institutions, governments and businesses to take responsibility for actions that affect the watershed; manage flows effectively; improve and expand public areas, natural areas, and biodiversity in the watershed; and achieve and maintain acceptable water quality in the watershed as attached to Item No. 2006-172 in the agenda package. 

 

The Bowker Creek Initiative, said Ms. Malmkvist, is once again looking to Saanich, Victoria, and Oak Bay for financial assistance regarding the Watershed Implementation Coordinator position, and associated activities and funding needed to continue with the Bowker Creek Watershed Management Plan strategies.

 

Ms. Malmkvist advised that each of the three municipal councils involved would continue to receive an annual report with respect to the Bowker Creek watershed.

 

Attention was drawn to Bowker Creek Initiative’s focal activities with respect to outreach activities, the Master Drainage Plan, and restoration and monitoring projects.

 

Although Oak Bay has a good start on greenways, said Ms. Malmkvist, the establishment of a greenway connection from Bowker Creek to Lockside Trail is a goal for the future. 

 

Jody Watson, Harbours and Watersheds Coordinator and Chair of the Bowker Creek Initiative, noted that continued funding for the Watershed Plan Implementation Coordinator position for 2007 would be sought based on the cost sharing formula with Saanich, Victoria and Oak Bay as proposed originally in 2003.

 

Ms. Watson provided an overview of funding received for the Bowker Creek Urban Watershed Renewal Initiative in 2005 and that expected so far for 2006.

 

MOVED by Councillor Copley

Seconded by Councillor Jensen, That support in principle be given for a further three year period, under the existing cost sharing formula, for the Bowker Creek Watershed Implementation Coordinator position.

CARRIED

 

The Municipal Administrator pointed out that while the motion indicated by Council sends a signal of support, future Councils would not be bound by it.

 

The question was then called.

CARRIED

 

10.

2006-173

2006-173-1

2006-173-2

2006-173-3

2006-173-4

2006-173-5

TONY AND SIKINA ROSSI, June 5, 2006

PETER NEVILE [undated]

DAVID AND MEREDITH ZAPARINUK, June 6, 2006

JEANNE AND FIROZ KARIM, June 7, 2006

HAZELL PENN, June 11, 2006

G. RUSH, June 11, 2006

Re Development Variance Permit Application and Highway Encroachment  –  619 Transit Road

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That Item Nos. 2006-173, 2006-173-1, 2006-173-2, and 2006-173-3 be received.

CARRIED

 

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

 

Oak Bay Centennial Committee

 

Councillor Herbert reported that the Oak Bay Centennial Committee June events include: the unveiling of an interpretive sign honouring the First Nations, June 15th; the Oak Bay Cup Junior Sailing Regatta, June 17th and 18th; An Evening with Doris (the Ghost) at the Royal Victoria Golf Club, June 17th; a Lawn Bowling Challenge between Saanich and Oak Bay Council and staff, June 24th; and the Oak Bay Centennial Book Launch, June 25th.

 

The McNeill Cairn on Beach Drive was unveiled June 10th, with 85 people attending this event, noted Councillor Herbert. 

 

Councillor’s Attendance at 2006 World Urban Forum – World Planners Congress

 

Councillor Copley distributed a report to Council for information on the above noted forum.

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That approval be given for the payment of travel expenses for Councillor Copley’s attendance at the 2006 World Urban Forum – World Planners Congress in Vancouver, BC, June 17 to June 20, 2006. 

CARRIED

 

TABLED:

 

Development Variance Permit and Highway Encroachment – 619 Transit Road

 

Mayor Causton declared a conflict inasmuch as his presence could be a perceived bias, as he lives near the applicants, indicating that he would be unable to participate in discussion or vote on the matter.  Mayor Causton left the meeting at 10:08 p.m.

 

Acting Mayor Jensen continued on as Chairman.

 

MOVED by Councillor Cassidy

Seconded by Councillor Copley, 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 13, Section 22, Victoria District, Plan 2994 (619 Transit Road) that will vary Bylaw 3531, Zoning Bylaw, 1986, to permit an addition of a second storey to an existing garage on the land in accordance with the plans considered by Committee of the Whole on May 15, 2006 as follows:

 

Bylaw Section

Permitted

Requested

Variance

6.5.4.(2).(a)

Minimum Front Lot Line Setback

7.62 metres

0.0 metres

7.62 metres

 

subject to the owners of 619 Transit Road executing a Highway Encroachment agreement drafted by the Municipal Solicitor at the owner’s expense, that would permit the encroachment of the garage onto the abutting highway by .67 metres.

CARRIED

 

Keith Waters, 619 Transit Road, was in attendance to provide further information regarding his application, saying that the proposed changes to the garage would not include living space as he understood was Council’s concern.  Mr. Waters noted that the roofline of the new addition would overhang on to municipal property by approximately two feet, as does the existing structure, which, he said, was approved by Municipal Council in 1950 and the error was realized in the early 80’s. 

 

Tony Rossi, 637 Transit Road, expressed his concern regarding the proposed garage at 619 Transit Road, saying it would resemble a house more than garage and would be a visual impairment detracting from their current view of the flat roof of the garage and trees.  While a hedge does exist between the two properties, the suggestion to plant a higher growing hedge would not be feasible as it would need to be at least 15’ high to block the roof, thus giving the neighbours the feeling of being blocked-in, said Mr. Rossi.

 

There was discussion regarding the application and while a member of Council indicated that approval would defeat the intent of the Zoning Bylaw and was unsupportable, it was the majority view that the application should be approved.

 

The question on the main motion was then called.

 

CARRIED

(Councillor Herbert against the motion)

 

RESOLUTIONS:

 

Mayor’s Attendance at World Urban Forum III

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That approval be given for the payment of travel expenses for Mayor Causton’s attendance at the World Urban Forum III in Vancouver, BC, June 19 to June 23, 2006. 

CARRIED

 

Mayor Causton returned to the meeting at 10:23 p.m.

 

Development Permit – 2032 Oak Bay Avenue

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That the Director of Building and Planning be authorized to issue a Development Permit in respect to Lot A, Section 69, Victoria District, Plan 32801 (2032 Oak Bay Avenue) to permit the installation of a fascia sign and wood trellis in accordance with the plans considered by Committee of the Whole on June 5, 2006.

 

CARRIED

BYLAWS:

 

For First, Second and Third Reading

 

Bylaw No. 4322

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That Bylaw No. 4322, Streets and Traffic Bylaw Amendment Bylaw  No. 1, 2006, be introduced and read a first time.

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That Bylaw No. 4322, Streets and Traffic Bylaw Amendment Bylaw  No. 1, 2006, be read a second time.

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That Bylaw No. 4322, Streets and Traffic Bylaw Amendment Bylaw  No. 1, 2006, be read a third time.

CARRIED

 

 

ADJOURNMENT:

 

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That the meeting of Council be adjourned.

 

CARRIED

 

The meeting adjourned at 10:26 p.m.

 

 

 

Certified Correct

 

 

 

 

Municipal Clerk

 

 

 

 

 

Mayor