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: |
Mayor C. M. Causton Councillor H. Braithwaite Councillor A. R. Cassidy Councillor S. F. B. Carson Councillor P. Copley Councillor J. D. Hebert Councillor N. B. Jensen |
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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. Fire Chief, G. Adam |
Mayor Causton
called the meeting to order at 7:30 p.m.
MINUTES OF
MEETINGS:
Council –
June 11,
2007
MOVED by
Councillor Cassidy
Seconded by
Councillor Jensen, That the minutes of the Council meeting held on Monday, June
11, 2007, be adopted.
CARRIED
Committee of the Whole – June 18, 2007
MOVED by
Councillor Herbert
Seconded by
Councillor Copley, That the minutes of the Committee of the Whole meeting held
on Monday, June 18, 2007, and the recommendations contained therein, be
adopted.
CARRIED
REPORT OF MEETING:
Public
Hearing – June 11,
2007
MOVED by
Councillor Cassidy
Seconded by
Councillor Jensen, That the report of the Public Hearing held on Monday, June
11, 2007, be adopted.
CARRIED
PRESENTATION:
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1. |
2007-184 |
BOWKER CREEK
URBAN WATERSHED RENEWAL INITIATIVE, June 14, 2007 Re Bowker Creek
Initiative 2006 Annual Report |
(Tanis
Douglas, Bowker Creek Initiative Coordinator, and Jody Watson, Chair of Bowker
Creek Initiative and Harbours and Watersheds Coordinator, Capital Regional
District, in attendance for this item.)
Tanis Douglas, Bowker Creek Initiative Coordinator, provided a slide presentation to update
Council on the activities of the Bowker Creek Initiative over the past year.
Ms. Douglas drew attention to the annual report, providing an overview
of the goals of the Initiative, the activities taking place to achieve
those goals, and a look at what is planned for the future in terms of
continuing to implement activities designed to achieve the goals of the Bowker
Creek Watershed Management Plan.
Jody Watson, Chair of the Bowker Creek Initiative and Harbours
and Watersheds Coordinator,
outlined the current funding formula for the Bowker Creek Initiative saying it
is based on area coverage in
With respect to the benefits to
Members of Council noted that flow from the creek in
the upstream municipalities is mostly contained underground, with expensive
infrastructure in place in this regard, while much of the creek in
Further concerns were raised regarding large flows
originating in upstream municipalities, and Council questioned what percentage
of the flows in the creek are actually generated by which municipalities, and
members of Council indicated that they would like information to be submitted
in this regard. It was felt that such information would, perhaps, be
important in terms of allocating costs between municipalities.
Ms. Watson and Ms. Douglas answered further questions
from Council with respect to the Bowker Creek Initiative, and Ms. Watson
indicated that the members of the Initiative and municipal staff need to work
together to ensure the goals and objectives of the watershed management plan
are met and to reduce the volume of water going into Bowker Creek.
MOVED by Councillor Copley
Seconded by Councillor Jensen, That correspondence
item no. 2007-184 be received.
CARRIED
Chris Jensen, spoke in support of the various funding made
available to the Bowker Creek Urban Watershed Renewal Initiative project.
COMMUNICATIONS:
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2. |
2007-185 |
DISTRICT OF |
The
Municipal Administrator spoke to the Annual Report, which had been prepared in
compliance with the requirements of the Community Charter.
Reviewing
the past year, Mr. Cochrane singled out the following for special mention:
§
the impressive volunteer effort
associated with the production of the Oak Bay Centennial book;
§
the challenge posed by the Oak
Bay Beach Hotel redevelopment process and the teamwork at the staff level that
was required to meet that challenge;
§
the maturing of the enhanced
bylaw enforcement service and the positive community response to the service;
§
the progress made in the
accumulation of reserves for replacement of capital assets.
Looking
forward, Mr. Cochrane said that the most difficult and pressing challenge
facing the Municipality may be the recruitment and retention of skilled
employees in a much-altered market, where the demand considerably exceeds the
supply. He noted that the Municipality
was in competition with other sectors where wages in certain fields had spiked
to a degree that would never have been forecast even a year ago, and that it
was very difficult to compete in light of prevailing objectives with regard to
the rate of increase in property taxes.
Mr. Cochrane noted that the report is
available for review at the Municipal Hall or on the Municipal Website.
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That the Annual Report
2006 be received.
CARRIED
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3. |
2007-186 |
DISTRICT OF OAK BAY AUDIT FINDINGS REPORT (December 31, 2006) |
(Wanda
Farrant, Senior Manager of KPMG Chartered Accountants, in attendance for this
item.)
Wanda Farrant addressed Council, saying that the 2006 audit is
complete and clean, and that, in KPMG’s opinion, the financial statements
present fairly the financial position of the Municipality as at December 31,
2006.
Ms. Farrant responded to questions from
members of Council with respect to various aspects of the municipal audit
findings report.
There was discussion regarding changes in
accounting standards, and in this regard, it was pointed out by Ms. Farrant
that with an increase in fraud Council should consider a ‘whistle blower protection
policy’ for the Municipality. As well,
she said that by December 31, 2009 local governments are to establish standards
with respect to accounting for and reporting tangible capital assets in their
financial statements. Ms. Farrant noted that there will be provisional
transitional guidance to the Municipality on presenting the information related
to tangible capital assets.
Special mention was made by Ms. Farrant of
the excellent support the Auditors receive from municipal staff. In particular, she referred to the
Treasurer’s dedication to presenting well prepared financial reporting.
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert, That the
District of Oak Bay 2006 Audit Findings Report be received.
CARRIED
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4. |
2007-187 |
DIRECTOR OF
BUILDING AND PLANNING, June 13, 2007 Re Zoning Bylaw
Amendment – |
Glenn Barlow, owner of Oak Bay Village VQA
Wines, was in attendance
to answer questions from Council regarding his request for a zoning bylaw
amendment to permit a liquor retail sale use at
Responding to a question from a member of
Council, Mr. Barlow said the square footage for the business at the proposed
Responding to questions from Council
regarding process, the Municipal Administrator advised that if Council felt the
application had merit to proceed further, it could refer the application to its
Committee of the Whole for further review, or direct staff to draft the
necessary amendment for formal consideration by Council. The applicant, said Mr. Cochrane, would be
required to post a notification sign on the property and provide a deposit to
cover the costs of the amendment process prior to the application being
considered further by Council or its Committee of the Whole.
Mr. Cochrane responded to further questions
from Council, noting that the wine store on Oak Bay Avenue is a legal
nonconforming use in its present location, and that the only locations where
liquor retail sale is a permitted use is in the special zones created for the
Penny Farthing property and the Oak Bay Beach Hotel property. Therefore, he said, the C-2 (Commercial Use)
zone, which includes the property at 2579 Cadboro Bay Road, could possibly be
amended to permit liquor retail sale use in that zone in general, or it could
be amended to only permit that use at 2579 Cadboro Bay Road and limit the
amount of square footage that could be devoted to the use and specify the area to
be devoted to sales and product display.
Such limits could be devised through discussions between staff and the
applicant, he said.
MOVED by Councillor Carson
Seconded by Councillor Braithwaite, That
staff be directed to draft an amendment to the Zoning Bylaw to permit a liquor
retail sale use at
CARRIED
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5. |
2007-188 2007-188 -1 |
MUNICIPAL CLERK,
June 22, 2007 CAPITAL REGION
EMERGENCY SERVICES TELECOMMUNICATIONS (CREST), [Undated] Re Notice of
Annual General Meeting |
Councillor Herbert, as
Further discussion ensued and Councillor Herbert
answered various questions from Council members with respect to the anticipated
costs for the proposed capital upgrades to the communications system, noting
that costs were expected to be in the range of six to 10 million dollars, some
of which is already contained in the budget.
It was noted by Councillor Herbert that the proposed
changes to the Members’ Agreement and the company’s Articles are meant to
enable the corporation to move forward and improve the system. However, he said, inasmuch as the changes
require 100% approval, which may not be forthcoming at the Annual General
Meeting, the corporation could be in a difficult situation.
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the
District of Oak Bay, as a member of the Capital Region Emergency Services
Telecommunications Corporation, endorse the proposed changes to the Members’
Agreement and Company Articles, as attached to the Notice of the Annual and
Extraordinary General Meeting of the Shareholders of the Corporation, and
further, that Councillor John Herbert be appointed to vote in support of the
proposed changes on the Municipality’s behalf and to vote on the other matters
to be considered at the CREST Annual General Meeting to be held July 4, 2007.
CARRIED
The
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6. |
2007-189 |
ED WALKER, May
29, 2007 Re Request for
Street Closure for Block Party on |
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That
permission be given for the closure of the 2200 block of
CARRIED
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
MOVED by Councillor Carson
Seconded by Councillor
Braithwaite, That permission be granted to the Jaguar Club of Victoria for the
playing of amplified music in
CARRIED
Donation to the
BC Hydro Turn It
Off Challenge
Councillor Copley noted that
she and Ken Olson, Maintenance Supervisor, Oak Bay Recreation Centre, attended
a Challenge workshop hosted by BC Hydro to promote office employees to
participate in a Turn It Off Challenge to help save electricity and to make a
difference in meeting
There are 65
Bike to Work
Week
TABLED:
Regulation of Fireworks in
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That the following
motion be lifted from the table:
That staff be directed to
draft an amendment to the Fireworks and Firecracker Regulation Bylaw to bring the
regulations in line with the western community model
CARRIED
The Fire Chief, responding to questions
from Council, noted that the number of undesirable incidents involving the use
of fireworks on public property in
Attention was drawn to neighbouring municipalities
that are presently reviewing their fireworks regulations, and it was noted that
the City of
With respect to the topic of safety
requirements and proper training in relation to the discharging of fireworks,
the Fire Chief noted that there is no certified training available for family
or recreational discharging of consumer fireworks and further, he said, it
would not be cost effective for the Fire Department staff to take on training and
permitting for the use of family type fireworks in Oak Bay.
There was further discussion regarding
Council’s options for regulating fireworks.
The point was made that even if firework sales were to be banned,
consumers could still find a way to purchase the product, and that having
different regulations than the District of Saanich, which is moving towards a
western community type of model that would allow the discharge of family
fireworks by permit with training, would pose some problems in terms of enforcement
given the collaborative nature of policing in Oak Bay and Saanich.
A differing view was put forward by some
members of Council who noted the cumbersome permitting and training process
that would be required under the western community model, along with the
potential liability issues associated with providing training in the proper
discharge of fireworks. There remained,
however, support for the use of fireworks in approved community events.
The question on the main motion was then
called.
DEFEATED
(Councillors
Carson, Cassidy, Copley and Herbert against the motion)
Although there was some support expressed
for a more liberal approach to fireworks regulations, it was the majority view
of Council that
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That staff
be directed to draft an amendment to the Fireworks and Firecracker Regulations
Bylaw to ban the discharge and sale of fireworks, except for approved special
community events, to be brought forward to Council for formal consideration.
CARRIED
(Mayor
Causton, Councillors Braithwaite and Jensen against the motion)
RESOLUTIONS:
Development Permit –
MOVED by Councillor Carson
Seconded by Councillor Copley, That the Director of
Building and Planning be authorized to issue a Development Permit with respect
to 2865 Foul Bay Road (LOT 3,
SECTION 28, VICTORIA DISTRICT, PLAN 8644), in accordance with the plans
reviewed by Committee of the Whole on June 18, 2007 to allow the addition of an
outdoor seating area at the rear of the existing building.
CARRIED
BYLAWS:
For Adoption
Bylaw
No. 4348
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That Bylaw No. 4348, Uplands Regulations Bylaw Amendment Bylaw,
2007, be adopted.
CARRIED
For First, Second
and Third Reading
Bylaw
No. 4368
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That Bylaw No. 4368, Public Sewer Bylaw Amendment Bylaw, 2007, be
introduced and read a first time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That Bylaw No. 4368, Public Sewer Bylaw Amendment Bylaw, 2007, be
read a second time.
Responding to a question, the
Municipal Administrator said that it was the Oak Bay Beach Hotel redevelopment that
triggered an amendment to the Public Sewer Bylaw that would allow a property to
handle its own storm water drainage onsite where certain conditions are met.
The question was then called.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That Bylaw No. 4368, Public Sewer Bylaw Amendment Bylaw, 2007, be
read a third time.
CARRIED
Bylaw
No. 4371
MOVED by Councillor Copley
Seconded by Councillor Herbert, That Bylaw No. 4371, Refuse Collection and Disposal Bylaw, 2007,
be introduced and read a first time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Herbert, That Bylaw No. 4371, Refuse Collection and Disposal Bylaw, 2007,
be read a second time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That Bylaw No. 4371, Refuse Collection and Disposal Bylaw, 2007,
be read a third time.
CARRIED
Bylaw No. 4372
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That Bylaw No. 4372, Ticket
Information Utilization Bylaw Amendment Bylaw No. 4, 2007, be introduced and read a first time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That Bylaw No. 4372, Ticket
Information Utilization Bylaw Amendment Bylaw No. 4, 2007, be read a second time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Jensen, That Bylaw No. 4372, Ticket
Information Utilization Bylaw Amendment Bylaw No. 4, 2007, be read a third time.
CARRIED
Bylaw No. 4373
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That Bylaw No. 4373, Streets
and Traffic Bylaw Amendment Bylaw No. 4, 2007, be introduced and
read a first time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That Bylaw No. 4373, Streets
and Traffic Bylaw Amendment Bylaw No. 4, 2007, be read a second
time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That Bylaw No. 4373, Streets
and Traffic Bylaw Amendment Bylaw No. 4, 2007, be read a third
time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Braithwaite
Seconded by Councillor Jensen,
That the open
portion of the meeting of
CARRIED
The meeting adjourned at 9:45 p.m.
Certified
Correct:
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_______________________________ Municipal Clerk |
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