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 13, 2005.

 

PRESENT:

Mayor C. M. Causton

Councillor A. R. Cassidy

Councillor J. D. Herbert

Councillor N. B. Jensen

Councillor C. Macey-Brown

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Director of Building and Planning, N. Beattie

Municipal Engineer, S. G. Pitt

Municipal Treasurer, P. A. Walker

 

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

 

MINUTES OF MEETING:

 

Council – May 24 , 2005

 

MOVED by Councillor Jensen

Seconded by Councillor Macey-Brown, That the minutes of the meeting of Municipal Council held on Tuesday, May 24, 2005, be adopted.

CARRIED

 

Committee of the Whole – June 6, 2005

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the meeting of Committee of the Whole, and the recommendations contained therein, held on Monday, June 6, 2005, be adopted.

CARRIED

 

COMMUNICATIONS:

 

1.

2005-175

ESTEVAN VILLAGE MERCHANTS ASSOCIATION, May 9, 2005

Re Request for Permission for Road Closure and Expansion of Street Occupancy for Summer Market

 

MOVED by Councillor Macey-Brown

Seconded by Councillor Jensen, That approval be granted for a partial road closure of Estevan Avenue between Musgrave Street and Dunlevy Street, and for the Estevan Village Merchants Association to occupy parking stalls on the south side of Estevan Avenue between Musgrave Street and Dunlevy Street on June 19 and 26, July 3, 10, 17, 24, 31 and August 7, 14, 21 and 28, 2005, from 11 o’clock a.m. until 4 o’clock p.m. for the purpose of staging the Association’s summer market, subject to:

 

  • the execution of a letter of undertaking setting out the terms and conditions under which the occupancy and partial road closure are permitted, and indemnifying the Municipality from any liability arising from the staging of the event and provid­ing evidence of insurability in this regard;
  • adherence with a traffic management plan approved by the Oak Bay Police Depart­ment; and
  • the event organizers bearing any extraordinary costs incurred by the Municipality in connection with the events.

CARRIED

 

2.

2005-176

CARLTON HOUSE OF OAK BAY, May 31, 2005

Re Request for Permission for Street Closure – June 18, 2005

 

Rod Prewett, Carlton House of Oak Bay, confirmed that the requested closure of Oak Bay Avenue to permit the Victoria Police Pipe Band to escort members of Council from the Oak Bay Municipal Hall to Carlton House as part of its Grand Opening celebrations would only be for approximately 10 minutes.

 

It was suggested that the “rolling” closure of Oak Bay Avenue be executed by the Oak Bay Police Department.

 

MOVED by Councillor Herbert

Seconded by Councillor Macey-Brown, That the rolling closure of Oak Bay Avenue between the Oak Bay Municipal Hall and Carlton House at Elgin Road for approximately 10 minutes commencing at 2:15 p.m. on June 18, 2005, be approved subject to:

 

  • the execution of a letter of undertaking setting out the terms and conditions under which the occupancy and partial road closure are permitted, and indemnifying the Municipality from any liability arising from the staging of the event and provid­ing evidence of insurability in this regard;
  • adherence with a traffic management plan approved by the Oak Bay Police Depart­ment; and
  • the event organizers bearing any extraordinary costs incurred by the Municipality in connection with the events.

CARRIED

 

3.

2005-177

BAYNE C. DEAN, May 30, 2005

Re Request for Permission for Street Closure - July 1, 2005 Block Party

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That permission be given for the closure of Byron Street between Elgin Road and Foul Bay Road on Friday, July 1, 2005, from 12 o’clock noon to 5 o’clock p.m., for the purpose of a neighbourhood block party.

CARRIED

 

4.

2005-178

JOSIE DEGREEF, June 4, 2005

Re Request for Permission for Street Closure – July 1, 2005 Block Party

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That permission be given for the closure of Epworth Street at the intersections of Haultain Street, Fair Street, and Cadboro Bay Road on Friday, July 1, 2005, from 3 o’clock p.m. to 8 o’clock p.m., for the purpose of a neighbourhood block party.

CARRIED

 

5.

2005-179

ED WALKER, May 21, 2005

Re Request for Permission for Street Closure – July 3, 2005 Block Party

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That permission be given for the closure of the 2200-block of Pacific Avenue on Sunday, July 3, 2005, from 2 o’clock p.m. to 6 o’clock p.m., for the purpose of a neighbourhood block party.

CARRIED

 

6.

2005-180

OAK BAY HIGH SCHOOL, May 24, 2005

Re Request for Grant for Purchase of Artwork

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That a grant in the amount of $300 towards the purchase of artwork for the Oak Bay High School graduating class of 2005 be approved.

CARRIED

 

NEW BUSINESS / REPORTS FROM OTHER COMMITTEES:

 

Tree Protection

 

Mayor Causton drew attention to his comments during the June 6, 2005 Committee of the Whole meeting with respect to a need to preserve trees on lots where new development could occur.  He noted that, following discussion with staff, he feels there is a workable solution available and, if Council wished, staff could report to the next Committee of the Whole meeting with a bylaw to address protection of trees on bare lots or lots slated for redevelopment.

 

Recognizing the role the Parks and Recreation Commission will play in reviewing the tree protection bylaw overall, as referred to it by Council, Mayor Causton pointed out that these measures he is suggesting be considered to protect trees during new or redevelop­ment would not be meant to replace the review process of the Commission, but rather would provide an interim measure to ensure the protection of trees in the context of development.

 

There was consensus that staff report to the next Committee of the Whole meeting with respect to tree protection measures related to development.

 

House Size

 

Councillor Herbert commented on a new home being built in the community, noting that its large size and design are not in keeping with the neighbourhood, and queried Coun­cil’s ability to address these issues.

 

There was discussion with respect to Council’s options in this regard, and it was noted that while design could not be regulated, building size could, although the method of doing so could be complicated.  In this regard, it was suggested that the recently formed Floor Area Ratio Committee review the issue, considering that the Committee would have the expertise through its membership to undertake such a review.

 

MOVED by Councillor Herbert

Seconded by Councillor Macey-Brown, That the issue of overbuilding on a lot be referred to the Floor Area Ratio Committee.

CARRIED

 

MOTIONS / RESOLUTIONS:

 

Development Variance Permit – 3045 Uplands Road

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot 2, Section 31, Victoria District, Plan 5615 (3045 Uplands Road) that will vary Bylaw 3531, Zoning Bylaw, 1986, as amended in accordance with the plans considered by Committee of the Whole on June 6, 2005 and as follows:

 

Bylaw Section

 

Required

Requested

Variance

6.2.4.(2).(c) & Schedule "C" Minimum Interior Side Lot Line Setback

3.96 metres

 

3.58 metres

 

0.38 metres

 

 

6.2.4.(2).(e) & Schedule "C" Minimum Total Side Lot Line Setback

9.75 metres

 

6.58 metres

 

3.17 metres

 

 

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the resolution in respect to the Development Vari­ance Permit for 3045 Uplands Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

 

Appointment of Animal Control Officers

 

MOVED by Councillor Jensen

Seconded by Councillor Macey-Brown, That the following Capital Regional District animal control officers, for as long as they are so employed and acting in the course of their duties, and for as long as the Capital Regional District is contracted to provide animal control services for the District of Oak Bay, be appointed as animal control offi­cers for the District of Oak Bay pursuant to Section 264(1)(b) of the Community Charter:

 

»         Dean Ridley

»         Robert Letts.

CARRIED

 

BYLAWS:

 

There was consensus to consider Bylaw No. 4279 last due to Councillor Jensen’s stated conflict in this regard.

 

For First and Second Reading and Setting of Public Hearing Date

 

MOVED by Councillor Herbert

Seconded by Councillor Macey-Brown, That Bylaw No. 4281, Sixty-Fourth Zoning Bylaw Amendment Bylaw, 2005, be introduced and read a first time.

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Macey-Brown, That Bylaw No. 4281, Sixty-Fourth Zoning Bylaw Amendment Bylaw, 2005, be read a second time.

 

Responding to questions from Council, the Municipal Administrator provided an over­view of Bylaw No. 4281 which, he noted, was designed to comply with the Municipal­ity’s obligations under the Province’s new Riparian Areas Regulation.

 

Mr. Cochrane noted that under the Fish Protection Act, local governments must include in their zoning bylaws riparian area protection provisions in accordance with the Riparian Areas Regulation, or ensure that their bylaws and permits provide a level of protection that is comparable or exceeds that established by the Regulation.  Oak Bay’s Zoning Bylaw, he said, does not currently comply with these requirements.

 

The Riparian Areas Regulation, noted Mr. Cochrane, establishes a 30 metre wide “ripar­ian assessment area” on either side of a stream that provides fish habitat, and develop­ment within that area can only occur if the assessment procedure set out in the Riparian Areas Regulations is followed.  Applicants, said Mr. Cochrane, are required to engage a qualified environmental professional to carry out the assessment and develop­ment can only proceed under certain conditions.

 

Mr. Cochrane went on to outline the various components of the proposed Bylaw, and noted that properties along Bowker Creek would be subject to the Bylaw, and pointed out the exceptions to the requirement to engage a professional to carry out an assessment.

 

Mr. Cochrane responded to questions from Council with respect to the proposed bylaw in response to the Provincial Regulation, and noted that the end of June is the deadline for adopting the required amendments to the Zoning Bylaw.

 

The question was then called.

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Jensen, That a public hearing on Bylaw No. 4281 be held at the Oak Bay Municipal Hall on June 27, 2005 at 9:00 p.m., and that notice be given in accor­dance with the Local Government Act.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4282, Screens and Fences Bylaw Amendment Bylaw, 2005, be introduced and read a first time.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4282, Screens and Fences Bylaw Amendment Bylaw, 2005, be read a second time.

 

There was a discussion regarding the proposed regulations for “trellis” and staff responded to questions from Council in this regard.

 

The Municipal Administrator noted that inasmuch as the authority to regulate fences is provided within a local government’s zoning powers, a public hearing on Bylaw No. 4282 would be required.

 

The question was then called.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Macey-Brown, That a public hearing on Bylaw No. 4282 be held at the Oak Bay Municipal Hall on June 27, 2005 at 9:00 p.m., and that notice be given in accordance with the Local Government Act.

CARRIED

 

For First, Second and Third Reading

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4280, Driveway Access Bylaw Amend­ment Bylaw, 2005, be introduced and read a first time.

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4280, Driveway Access Bylaw Amend­ment Bylaw, 2005, be read a second time.

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4280, Driveway Access Bylaw Amend­ment Bylaw, 2005, be read a third time.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4283, Ticket Information Utilization Bylaw Amendment Bylaw No. 2, 2005, be introduced and read a first time.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4283, Ticket Information Utilization Bylaw Amendment Bylaw No. 2, 2005, be read a second time.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4283, Ticket Information Utilization Bylaw Amendment Bylaw No. 2, 2005, be read a third time.

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4284, Elections and Voting Bylaw, 2005, be introduced and read a first time.

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4284, Elections and Voting Bylaw, 2005, be read a second time.

 

There was discussion regarding advance voting, and the Municipal Clerk confirmed that the Bylaw, as written, provides for only two advance voting opportunities, as required by the Local Government Act.

 

It was suggested that the option to have an additional advance voting opportunity be included in the Bylaw, and that an additional advance poll be held on the day before general voting day.

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4284, Elections and Voting Bylaw, 2005, be amended with the addition of the following:

 

3.

(2)

As authorized under Section 98 of the “Local Government Act”, the chief election officer is authorized to establish additional advance voting opportunities for each election or other voting to be held in advance of general voting day and to set the date, place and voting times for those advance voting opportunities.

CARRIED

 

The question on the main motion was then called.

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4284, Elections and Voting Bylaw, 2005, as amended, be read a third time.

CARRIED

 

For Final Adoption

 

Councillor Jensen indicated that he would be unable to participate in the discussion or vote on the matter of the Sea Scout sailing contract inasmuch as he is the Chairman of the Scout troop involved.

 

Councillor Jensen left the meeting at 8:37 p.m.

 

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4279, Sea Scout Licence Authorization Bylaw, 2005, be finally adopted.

CARRIED

 

ADJOURNMENT:

 

MOVED by Councillor Cassidy

Seconded by Councillor Macey-Brown, That the open portion of the meeting of Council be adjourned and that a closed session be convened to discuss the consideration of information received and held in confidence relating to negotiations between the Municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

CARRIED

 

The meeting adjourned at 8:39 p.m.

 

Certified Correct

 

 

 

 

Municipal Clerk

 

 

 

 

Mayor