MINUTES of a regular meeting of the MUNICIPAL COUNCIL of The Corporation of the District of Oak Bay, held in the Council Chamb

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 9, 2008 at 7:30 p.m.

PRESENT:

Mayor C. M. Causton, Chairman

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:

Council – May 26, 2008

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Council meeting held on Monday, May 26, 2008, be adopted.

CARRIED

Committee of the Whole – June 2, 2008

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Committee of the Whole meeting held on Monday, June 2, 2008, and the recommendations contained therein, be adopted.

CARRIED

COMMUNICATIONS:

2008-151

ESTEVAN VILLAGE MERCHANTS ASSOCIATION, May 26, 2008

Re Request for Road Closure for Fundraising Event, – July 26, 2008

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That approval for the closure of Estevan Avenue from Musgrave to Dunlevy Street in connection with the fundraising event proposed by the Estevan Village Merchants Association, as detailed in correspondence item no. 2008-151, be approved subject to the Association:

§ indemnifying the Municipality from any liability arising from the event and providing evidence of insurance in this regard; and

§ paying for any and all costs incurred by the Municipality in connection to the event; and

§ obtaining approval from the Oak Bay Police Department for a traffic management plan for the event.

CARRIED

2008-152

OAK BAY BUSINESS IMPROVEMENT ASSOCIATION, June 5, 2008

Re Request for Road Closures for Summer Swing Event – July 26, 2008

MOVED by Councillor Herbert

Seconded by Councillor Copley, That whereas pursuant to the Streets and Traffic Bylaw, Council has made the determination that the proposed event will be of general benefit to the adjacent business district and will create no undue inconvenience, approval be given for the display and sale of goods and refreshments and for the closure and occupancy of Oak Bay Avenue between Wilmot Place and Monterey Avenue, between 5:00 p.m. and midnight and Hampshire Road from Oak Bay Avenue to the entrance to the Athlone Court parking lot, between 3:00 p.m. and midnight on July 26, 2008, in connection with the Business Improvement Association’s Summer Swing on the Avenue Event as detailed in correspondence item no. 2008-152, subject to the event organizer:

§ indemnifying the Municipality from any liability arising from the event and providing evidence of adequate insurability in this regard;

§ paying for any and all costs incurred by the Municipality in connection with the event; and

§ obtaining approval from the Oak Bay Police Department for a traffic management plan for the event.

CARRIED

2008-153

CITY HARVEST, June 4, 2008

Re Request to Occupy a Portion of Public Sidewalk for Open Air Produce Market – Estevan Village

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That whereas pursuant to the Streets and Traffic Bylaw, Council has made the determination that the proposed event will be of general benefit to the adjacent business district and will create no undue inconvenience, approval be given for the occupancy of Musgrave Street at Estevan Avenue on Thursdays from June through to October, 2008, from 2:30 p.m. to 6:30 p.m., for the purpose of a produce market, as detailed in correspondence item no. 2008-153, subject to City Harvest:

§ indemnifying the Municipality from any liability arising from the event and providing evidence of adequate insurability in this regard; and

§ paying for any and all costs incurred by the Municipality in connection with the event.

CARRIED

2008-154

GREATER VICTORIA PUBLIC LIBRARY, June 2, 2008

Re Five Year Financial Plan

Following discussion on various aspects of the Financial Plan, Council noted that the Greater Victoria Public Library Five Year Financial Plan was split into two categories: “Core Budget” and “Strategic Initiatives”.

For each year within the Plan, the Library Board had set a target for the percentage increase in municipal contributions. For 2009, as an example, the Board had set a target of a 5.2% increase in municipal contributions attributable to the Core Budget. That percentage, in turn, was made up of the following components:

(1)	population growth:	1.3%
(2)	Cost of living increase:	2.0%
(3)	collective agreement costs exceeding core:	1.9%
		5.2%

At 4.5%, the projected Core Budget increase in municipal contributions for 2009 was within this target.

The “Strategic Initiatives” portion, however, added another 2.3%, taking the projected total increase in municipal contributions to a total of 6.8% for 2009. It was observed by Council that many of the “Strategic Initiatives” components, for 2009 and for other years as well, were actually population-related (e.g., new branches or expansions of existing ones). As such, it could be argued that these expenditures would more appropriately have been categorized as part of the Core Budget, in which case the Core Budget target for increases in municipal contributions would likely have been exceeded for several of the years covered by the Plan.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That correspondence item no. 2008-154 be received.

It was agreed that Councillor Copley would relay to the Greater Victoria Public Library Board the points raised by Council for a response.

The question was then called.

CARRIED

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Oak Bay Tea Party

Mayor Causton expressed thanks to the organizers and the volunteers in relation to the Oak Bay Tea Party, noting that it had been very successful this year. He also expressed his appreciation to the Saanich and Oak Bay Police Departments for a job well done.

Councillor Jensen said he was pleased to see Mayor Causton, in the spirit of addressing climate change, riding in an electric car in the Oak Bay Tea Party parade.

Oak Bay Child and Youth Committee

Councillor Braithwaite advised that the “YES” Awards event held on June 3, 2008 was a great success where exceptional young students attending schools in Oak Bay were recognized for their outstanding contributions to the community.

RESOLUTIONS:

Development Variance Permit – 2861 Eastdowne Road

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2861 Eastdowne Road (Lot 34, Section 28, Victoria District, Plan 8990) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance

6.5.4. (2) (a) Minimum Front Lot Line Setback	7.62 m	4.57 m	3.05 m

6.5.4. (2) (c) Minimum Interior Side Lot Line Setback	1.52 m	0.91 m	0.61 m

6.5.4. (2) (e) Minimum Total of Side Lot Lines Setback	4.57 m	2.53 m	2.04 m

to accommodate the construction of an attached garage, as shown on the plans attached to Committee of the Whole agenda item #2008-148, being a memorandum from the Director of Building and Planning dated May 23, 2008.

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the motion in respect of the development variance permit for 2861 Eastdowne Road be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

Development Variance Permit – 2783 Somass Drive

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2783 Somass Drive (Lot 6, Section 61, Victoria District, Plan 3806) that will vary the following provision of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section

Permitted

Requested

Variance

6.4.4. (3) (b)

Maximum Occupiable Height

4.57 m

4.81 m

0.24 m

to accommodate the use of the existing flat roof portion of a recently constructed addition as an outdoor deck, as shown on the plans attached to Committee of the Whole agenda item #2008-147, being a memorandum from the Director of Building and Planning dated May 22, 2008.

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That the motion in respect of the development variance permit for 2783 Somass Drive be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

Oak Bay Business Improvement Association – Summer Swing Grant Approval

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That approval be given for a grant in the amount of $4,500 to the Oak Bay Business Improvement Association for the purpose of contributing towards its Summer Swing event proposed to be held on Saturday, July 26, 2008, with the funding to come from the portion of the Community Initiatives Committee budget obtained through a Provincial Community Tourism Program Grant, subject to the necessary approvals being obtained by the Association for the event.

CARRIED

Open-Air Produce Markets – Submitted by Councillor Jensen

Councillor Jensen expressed his wish to see bylaw amendments to reflect the reality of Climate Change and that would allow open-air markets at various venues in Oak Bay, which in turn would encourage the growth of local produce and help to reduce food carbon miles by offering the sale of these food items closer to home. Such amendments, along with other changes, would reflect the municipality’s commitment to encouraging innovative ways to collectively reduce our carbon footprint, he said.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That:

WHEREAS climate change is an issue of vital local, national and global importance and Oak Bay, as a signatory to the Climate Change Charter, has accepted the goal of reducing greenhouse gases;

WHEREAS Oak Bay has recently changed it’s zoning bylaw to permit market gardening on residential lots;

AND WHEREAS Oak Bay bylaws currently create barriers to the sale of locally grown produce on private and public property;

THEREFORE BE IT RESOLVED THAT

Staff be directed to bring forward recommendations to amend applicable bylaws to permit locally grown produce to be marketed

on private commercial premises as an adjunct to other permitted business uses and

on public property and road allowances as a licenced activity.

Responding to questions from a member of Council, the Municipal Administrator provided an overview of his background information attached to the resolution regarding current regulations that would apply to open air produce markets.

Mr. Cochrane noted that inasmuch as there is a fair amount of scope for amending various regulations, it would be useful for staff to be given more specific direction regarding the type of changes Council wishes to explore prior to presenting a report on the possible options.

It was the consensus of Council that options to allow outdoor produce sales on public and private property should be more fully explored, however, concerns were raised regarding ensuring that such markets on public property would enhance current businesses, versus being in direct competition with other commercial businesses on private property.

Following further discussion, and it being noted that the application before Council this evening to hold an open-air market in Estevan Village had been approved in principle, it was agreed to refer this topic to Committee of the Whole for consideration and to provide an opportunity for public input.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the motion be amended at the end to add the words “following further consideration at a Committee of the Whole meeting for the purpose of providing more specific direction and obtaining public input.”

CARRIED

The question on the main motion, as amended, was called.

CARRIED

BYLAWS:

For Adoption

Bylaw No. 4415

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4415, Driveway Access Bylaw Amendment Bylaw No. 1, 2008, be adopted.

CARRIED

Bylaw No. 4416

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4416, Parking Facilities Bylaw Amendment Bylaw No. 2, 2008, be adopted.

CARRIED

For First, Second and Third Reading

Bylaw No. 4417

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4417, Animal Control Bylaw Amendment Bylaw No. 1, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4417, Animal Control Bylaw Amendment Bylaw No. 1, 2008, be read a second time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4417, Animal Control Bylaw Amendment Bylaw No. 1, 2008, be read a third time.

CARRIED

Bylaw No. 4418

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4418, Ticket Information Utilization Bylaw Amendment Bylaw No. 2, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4418, Ticket Information Utilization Bylaw Amendment Bylaw No. 2, 2008, be read a second time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4418, Ticket Information Utilization Bylaw Amendment Bylaw No. 2, 2008, be read a third time.

CARRIED

Bylaw No. 4419

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4419, Elections and Voting Bylaw Amendment Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4419, Elections and Voting Bylaw Amendment Bylaw, 2008, be read a second time.

Responding to questions, the Municipal Clerk provided information with respect to recent changes to Provincial Legislation affecting general local elections.

The question was then called.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4419, Elections and Voting Bylaw Amendment Bylaw, 2008, be read a third time.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the open portion of the meeting of Council be adjourned and that a closed session be convened to discuss 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, and the acquisition, disposition or expropriation of land or improvements as Council considers that disclosure might reasonably be expected to harm the interests of the Municipality.

CARRIED

The meeting adjourned at 8:37 p.m.

Certified Correct:

_______________________________

Municipal Clerk

________________________________

Mayor