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 27, 2005.

PRESENT:	Mayor C. M. Causton Councillor S. F. B. Carson Councillor A. R. Cassidy Councillor J. D. Herbert Councillor N. B. Jensen (entered meeting at 9:08 p.m.)
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 – June 13, 2005

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the minutes of the meeting of Municipal Council held on Monday, June 13, 2005, be adopted.

CARRIED

Special Council – June 20, 2005

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the minutes of the Special meeting of Municipal Council held on Monday, June 20, 2005, be adopted.

CARRIED

Committee of the Whole – June 20, 2005

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 Monday, June 20, 2005, be adopted.

CARRIED

COMMUNICATIONS:

1.

2005-192

DISTRICT OF OAK BAY ANNUAL REPORT 2004

The Municipal Administrator provided an overview of the 2004 Annual Report, drawing attention to the report on permissive tax exemptions, which highlights the foregone revenue associated with the tax exemption.

Mr. Cochrane noted the upcoming challenges facing the Municipality with respect to the requirement to comply with the Capital Regional District’s Liquid Waste Management Plan and the provincial sewer regulation, and the funding implications this will have for Oak Bay.

Staff responded to questions from Council regarding various sections of the Annual Report.

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Item No. 2005-192 be received.

CARRIED

2.

2005-193

DISTRICT OF OAK BAY AUDIT FINDINGS REPORT (December 31, 2004)

(Randy Decksheimer and Wonda Ferrant, KPMG Chartered Accountants, in attendance for this item.)

Randy Decksheimer said that the 2004 audit is complete, and that, in KPMG’s opinion, the financial statements present fairly the financial position of the Municipality as at December 31, 2004. He also said that there were no unresolved audit issues.

Mr. Decksheimer drew attention to KPMG’s satisfaction with the new reporting functions associated with the Municipality’s new financial software and noted the accounting policy changes recommended by the Public Sector Accounting Board that have impacted the 2004 financial statements.

Mr. Decksheimer responded to various questions from members of Council with respect to the aspects of municipal operations taken into consideration during an audit, such as evaluation of internal controls.

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Item No. 2005-193 be received.

CARRIED

3.

2005-194

ROTARY CLUB OF OAK BAY, June 22, 2005 Re Request for Use of Front Lawn of Municipal Hall on August 9, 2005

MOVED by Councillor Cassidy

Seconded by Councillor Carson, That permission be granted to the Rotary Club of Oak Bay to occupy the front lawn of the Oak Bay Municipal Hall on Tuesday, August 9, 2005, subject to the Club indemnifying the Municipality from any liability arising from the staging of the Oak Bay Rotary Day event, providing evidence of insurability in this regard, and assuming responsibility for all costs arising out of the staging of the event.

CARRIED

4.

2005-195 2005-195-1 2005-195-2

DIANNA LOGAN, June 20, 2005 JENNIFER ROY, June 23, 2005 DREW HENDERSON, June 27, 2005 Re Request for Permission for Street Closure for Block Party

MOVED by Councillor Herbert

Seconded by Councillor Carson, That approval be given for road closures for the purpose of holding block parties as follows:

• Hamiota Street between Cadboro Bay Road and Estevan Avenue on July 1, 2005, from 12 o’clock noon until 8 o’clock p.m.;
• Cardiff Place between Frederick Norris Road and Swanson Place on July 1, 2005, between 3 o’clock p.m. and 9 o’clock p.m.; and
• Cavendish Avenue between Beach Drive and Musgrave Street on July 23, 2005, from 3 o’clock p.m. until sundown.

CARRIED

5.

2005-196

OAK BAY COMMUNITY HERITAGE COMMISSION, June 9, 2005 Re Minutes of Meeting

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Item No. 2005-196 be received.

CARRIED

6.

2005-197

MUNICIPAL TREASURER, June 20, 2005 Re Mileage Rates

MOVED by Councillor Carson

Seconded by Councillor Cassidy, That the mileage rates paid for the use of personal vehicles on municipal business be increased as follows effective July 1, 2005:

• first 300 km per month $0.50
• next 200 km per month $0.42
• over 500 km per month and travel outside the Capital Regional District $0.37

CARRIED

REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:

CRD Staff

Mayor Causton advised Council that Kelly Daniels, formerly of the Regional District of Nanaimo, has been chosen as the new Executive Director for the Capital Regional District, following the retirement of Mr. Bill Jordan from that position, noting that he looks forward to working with Mr. Daniel’s.

TABLED:

Development Variance Permit – 3045 Uplands Road

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, 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 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”

CARRIED

The question on the main motion was then called.

CARRIED

MOTIONS / RESOLUTIONS:

Development Variance Permit – 3055 Rutland Road

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, 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) & Schedule “C” Maximum Building Height	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

MOVED by Councillor Carson

Seconded by Councillor Cassidy, That the resolution in respect to the Development Variance Permit for 3055 Rutland Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Appointment of Acting Mayor for August 2005

MOVED by Councillor Carson

Seconded by Councillor Cassidy, That, for the month of August 2005, Councillor John Herbert be appointed Acting Mayor.

CARRIED

Appointment of Uplands Building Permits Subcommittee for August 2005

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That, for the month of August 2005, the regular membership of the Uplands Building Permits Subcommittee be suspended and that Councillors Carson, Cassidy and Herbert be appointed as the subcommittee for that month.

CARRIED

BYLAWS:

For Final Adoption

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Bylaw No. 4280, Driveway Access Bylaw Amendment Bylaw, 2005, be finally adopted.

CARRIED

MOVED by Councillor Carson

Seconded by Councillor Herbert, That Bylaw No. 4283, Ticket Information Utilization Bylaw Amendment Bylaw No. 2, 2005, be finally adopted.

CARRIED

MOVED by Councillor Carson

Seconded by Councillor Herbert, That Bylaw No. 4284, Elections and Voting Bylaw, 2005, be finally adopted.

CARRIED

For Introduction and First, Second and Third Readings

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4285, Land Development Tree Protection Bylaw, 2005, be introduced and read a first time.

CARRIED

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4285, Land Development Tree Protection Bylaw, 2005, be read a second time.

CARRIED

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4285, Land Development Tree Protection Bylaw, 2005, be read a third time.

CARRIED

MOVED by Councillor Cassidy

Seconded by Councillor Carson, That Bylaw No. 4286, Ticket Information Utilization Bylaw Amendment Bylaw No. 3, 2005, be introduced and read a first time.

CARRIED

MOVED by Councillor Cassidy

Seconded by Councillor Carson, That Bylaw No. 4286, Ticket Information Utilization Bylaw Amendment Bylaw No. 3, 2005, be read a second time.

CARRIED

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4286, Ticket Information Utilization Bylaw Amendment Bylaw No. 3, 2005, be read a third time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4287, Lease Authorization Bylaw, 2005, be introduced and read a first time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4287, Lease Authorization Bylaw, 2005, be read a second time.

Responding to questions from Council, the Municipal Administrator noted that the Council of the day in 1985 did not wish to sell the portion of municipal land adjacent to Anderson Hill Park to Mr. Todd, and that ever since that time the property has been leased to him at a cost of $10.00 per year. As to why Council at that time did not wish to sell the property, Mr. Cochrane thought that it was felt that it would not be in the best interests of the Municipality to dispose of land that might, at some point in the future, be useful as a part of Anderson Hill Park.

The question was then called.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4287, Lease Authorization Bylaw, 2005, be read a third time.

CARRIED

MOTIONS/RESOLUTIONS: (continued …)

Driveway Access – 901 Island Road

MOVED by Councillor Herbert

Seconded by Councillor Carson, That pursuant to the Driveway Access Bylaw, the Director of Engineering Services be directed to issue a permit for 901 Island Road for a driveway access of a specified width greater than the maximum permitted by the driveway access standards to accommodate wheelchair access and manoeuvring space.

CARRIED

RESOLUTION TO MOVE IN-CAMERA:

MOVED by Councillor Cassidy

Seconded by Councillor Carson, That the open portion of the meeting of Council resolve into a closed session to discuss law enforcement as disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an Act, regulation or bylaw; and personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the Municipality or another position appointed by the Municipality.

CARRIED

The meeting moved in-camera at 8:14 p.m.

Following the Public Hearing held at 9:00 p.m., the open portion of the regular meeting of Council resumed at 9:08 p.m.

BYLAWS: (continued …)

For Third Reading and Final Adoption

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4281, Sixty-Fourth Zoning Bylaw Amendment Bylaw, 2005, be read a third time.

Responding to questions from Council with respect to whether or not a variance to the regulations of the Bylaw could be issued, the Municipal Administrator noted that Council could not authorize issuance of a development variance permit that would circumvent the Riparian Areas Regulation. However, noted Mr. Cochrane, should a report by a qualified environmental professional be obtained by an applicant that states that the setback from a riparian assessment area required under the Bylaw is not necessary, a variance could possibly be approved for the required setback.

Mr. Cochrane pointed out that the proposed bylaw would, in some cases, be less onerous than complying with the Riparian Areas Regulation, as it relaxes some of the requirements of the Regulation.

Mr. Cochrane responded to further questions from Council with respect to Bylaw No. 4281.

The question was then called.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4281, Sixty-Fourth Zoning Bylaw Amendment Bylaw, 2005, be finally adopted.

CARRIED

In response to a question asked by a member of the public during the Public Hearing on Bylaw No. 4282, the Director of Building and Planning confirmed that fences which meet the current fence regulations would become legally nonconforming under adoption of the proposed amendment.

The Municipal Administrator advised that the new regulations are in general more permissive than the existing regulations, except in the case of fences not adjacent to a road, where the regulations would reduce the permitted portion of trellis from 2 feet to 1.5 feet.

MOVED by Councillor Herbert

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

The Director of Building and Planning confirmed that the proposed bylaw removes the permitting process for fences.

The question was then called.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4282, Screens and Fences Bylaw Amendment Bylaw, 2005, be finally adopted.

CARRIED

ADJOURNMENT:

MOVED by Councillor Herbert

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

CARRIED

The meeting adjourned at 9:29 p.m.

Certified Correct

Municipal Clerk

Mayor