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 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, March 12, 2007 at 7:30 p.m.

PRESENT:

Mayor C. M. Causton, Chairman

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor A. R. Cassidy

Councillor P. Copley

Councillor J. D. Hebert

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 MEETINGS:

Council – February 26, 2007

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the minutes of the Council meeting held on Monday, February 26, 2007, be adopted.

CARRIED

Committee of the Whole – March 5, 2007

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Monday, March 5, 2007, and the recommendations contained therein, be adopted.

CARRIED

COMMUNICATIONS:

2007-75

GREATER VICTORIA PUBLIC LIBRARY, February 27, 2007

Re Greater Victoria Public Library 2007 Operating Budget

(Barry Holmes, Chief Executive Officer and Secretary to the Board, Michael Yarr and Paul Gerrard, Board Members, all of the Greater Victoria Public Library, in attendance for this item.)

Library representatives provided an overview of the Library's operations, as contained in the information circulated to Council, drawing attention to Library usage and the steady increase in borrowing statistics, noting that Oak Bay accounts for the most overall borrowing in the Greater Victoria Public Library system. As well, attention was drawn to the delayed opening of the Tillicum Branch and its budget implications.

The Board representatives noted the various factors impacting the 2007 operating budget and provided a breakdown saying that Oak Bay would have a 5.9% increase over 2006 in municipal contributions for a total of $735,470. It was further noted that the core budget increase is 2.5% with the total increase in municipal contributions for 2007 being 6.6%.

Responding to questions from Council regarding new library branch openings, it was noted that the Saanich Centennial (Tillicum) Branch Library is anticipated to commence with setting up the library in June 2007 for an official opening time of September 2007. It was also noted that the City of Langford has expressed an interest in having a new library branch in its area.

Library representatives responded to questions from members of Council with respect to the library operating budget.

MOVED by Councillor Carson

Seconded by Councillor Copley, That Oak Bay’s share of the 2007 operating budget for the Greater Victoria Public Library in the amount of $735,470 be approved.

CARRIED

Attention was drawn to Council’s role in making decisions with respect to the Municipal budget and it was noted that it would be helpful, if in future, the Greater Victoria Public Library budget increases could be more in line with cost of living increases in order for Council to be in a position to focus funding on other municipal spending priorities as well.

2007-76

2007-76-1

2007-76-2

2007-76-3

MUNICIPAL TREASURER, February 22, 2007

COMMUNITY COUNCIL OF GREATER VICTORIA, February 20, 2007

VICTORIA VOLUNTEER SOCIETY, February 8, 2007

CRISIS INTERVENTION AND PUBLIC INFORMATION SOCIETY, [undated]

Re Social Service Agency Operating Grant Requests

Responding to questions from Council, the Municipal Treasurer advised that the four core municipalities are involved in a coordinated process for considering operating grants for certain social service agencies. The process, she said, is that if an organization is requesting the same amount provided in the previous year plus a cost of living increase, representatives of the organization are not requested to make a presentation.

The Municipal Treasurer advised that three of the four agencies are asking for additional funding this year, and are appearing before Council to outline their requests.

(Bill McElroy and Mabel Jean Rawlins-Brannan, Community Council, Val Green, Volunteer Victoria, and Linda Stanton, Crisis Intervention and Public Information Society of Greater Victoria, in attendance for these items.)

Bill McElroy thanked Oak Bay for its 50 years of supporting the Community Council of Greater Victoria.

Mabel Jean Rawlins-Brannan provided an overview of the Community Council’s activities and programs. She advised Council that the 2007 grant request includes a cost of living increase over last year’s grant in addition to an overall increase to core funding for a total request of $3,870.

It was suggested that Council support last year’s grant amount plus an additional 3%, and discuss the remainder of the request at Estimates Committee.

MOVED by Councillor Braithwaite

Seconded by Councillor Carson, That a 2007 operating grant in the amount of $3,292 plus 3% be approved for the Community Council, with the remainder of the request being referred to Estimates Committee.

CARRIED

Val Green, on behalf of Volunteer Victoria, expressed gratitude to Oak Bay for its continuing support. Ms. Green provided a description of the agency’s request for funding, and an overview of the services the organization provides as laid out in the agenda materials.

It was again suggested that a grant in the amount given in 2006 be provided, plus 3%.

MOVED by Councillor Braithwaite

Seconded by Councillor Carson, That a 2007 operating grant in the amount of $2,119 plus 3% be approved for Volunteer Victoria, with the remainder of the request being referred to Estimates Committee.

CARRIED

Linda Stanton spoke on behalf of the Crisis Intervention and Public Information Society of Greater Victoria, outlining that organization’s activities with respect to its NEED Crisis and Information Line as contained in the submission to Council.

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That a 2007 operating grant in the amount of $4,462 plus 3% be approved for the Crisis Intervention and Public Information Society of Greater Victoria, with the remainder of the request being referred to Estimates Committee.

CARRIED

2007-77

MARITIME MUSEUM OF BRITISH COLUMBIA SOCIETY, February 20, 2007

Re Request for 2007 Grant

(Greg Evans, Executive Director and David Winkler, President, Maritime Museum of British Columbia Society, in attendance for this item.)

Greg Evans provided an overview of the Maritime Museum’s ongoing and upcoming activities, noting that the Society has continued concentrating on raising revenues through education and public programming.

Attention was drawn to the upcoming 2008 Tall Ship Festival, to which Mayor Causton suggested the Tall Ship Society consider Oak Bay as a port of call for one or two of the tall ships.

As to the location of the Maritime Museum, Mr. Evans explained the Society continues to work towards securing a future purpose-built Museum facility in a waterfront location.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That a 2007 operating grant in the amount of $2,000 plus 3% be approved for the Maritime Museum of British Columbia Society, with the remainder of the request being referred to Estimates Committee.

CARRIED

2007-78

ALS SOCIETY OF BC, February 20, 2007

Re Request to Hold Flower Day Tag Day – June 3, 2007

It was noted that the June 3, 2007 Tag Day request falls on the Oak Bay Tea Party weekend and therefore, the ALS (Amyotrophic Lateral Sclerosis) Society of BC will need to choose an alternate date, either the Saturday prior, May 26th or the following Saturday, June 9th for its Tag Day.

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That approval be given to the ALS Society of BC to hold a tag day on public sidewalks in Oak Bay on Saturday, May 26, 2007 or Saturday, June 9, 2007.

CARRIED

2007-79

DEPUTY TREASURER, March 1, 2007

Re Tender Award Recommendations

The Municipal Administrator answered questions from Council with respect to the intended use of the side loading refuse packer, noting that the new truck could be used for garbage or recycling.

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That tender no. PW09-2007 for the side loading refuse packer be awarded to Rollins Machinery Ltd. at a cost of $254,917, and that tender no. PW10-2007 for the front mount mower be awarded to Oak Creek Golf & Turf at a cost of $16,686.25.

CARRIED

2007-80

2007-80-1

OAK BAY HERITAGE STEERING COMMITTEE, January 11, 2007

OAK BAY HERITAGE STEERING COMMITTEE, February 8, 2007

Re Minutes of Meeting

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That the minutes of the Oak Bay Heritage Steering Committee meeting held on January 11, 2007 and February 8, 2007 be received, with the exception of the request for Council’s early approval for an additional Heritage Sign at a cost of $2,000, contained in the February 8, 2007 minutes.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That early spending approval be given to the Oak Bay Heritage Steering Committee for the purchase of a heritage sign at a cost of up to $2,000 from the Heritage Steering Committee budget.

CARRIED

2007-81

2007-81-1

2007-81-2

2007-81-3

2007-81-4

JANET CRAIG, February 23, 2007

EDNA AND DAVID AULD, March 1, 2007

R. AND A. BATTERSBY, March 7, 2007

JOHN AND PATRICIA BURGESS, March 11, 2007

NICK JUDSON, March 12, 2007

Re Development Variance Permit – 2183 Lafayette Street

The Director of Building and Planning advised that there was an error in the occupiable height variance previously considered by Council and included in the notice to neighbours, requiring a second notice including the correction to be mailed out.

Nick Judson, 2183 Lafayette Street, noted that the letter he submitted that afternoon indicated he wished to amend his application to address concerns raised by his neighbours, the Aulds. However, he said, since that time he has reached a solution with the Aulds that does not require an amendment to his application.

David Auld, 2187 Lafayette, echoed Mr. Judson’s comments noting that the plans for the new house are fine from his point of view.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That correspondence items no. 2007-81 to 2007-81-4 be received.

CARRIED

REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Attendance at the Media Relations Workshop for Council

MOVED by Councillor Carson

Seconded by Councillor Cassidy, That Council approve the payment of the registration fee for Councillor Braithwaite and Councillor Copley to attend the Media Relations Workshop for Council in Victoria, BC, on March 17, 2007, hosted by the Township of Esquimalt at a cost of $150 per participant.

CARRIED

TABLED:

Development Variance Permit – 2183 Lafayette Street

MOVED by Councillor Carson

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 with respect to 2183 Lafayette Street (WEST 30 FEET OF LOT 3, SECTION 22, VICTORIA DISTRICT, PLAN 1022):

1. That will vary the Parking Facilities Bylaw, 1986 in Section A.1.(a) to Schedule A to reduce the number of required parking spaces from two to one and in Section 4.7 to relax the requirement that one-half (1/2) of the required parking spaces for a one-family residential use dwelling be contained within a building; and

2. That will vary the following sections of the Zoning Bylaw, 1986, as amended, to permit the construction of a new single family dwelling in accordance with the plans considered by Committee of the Whole on February 19, 2007 and February 26, 2007:

*Bylaw Section*	*Required/* *Permitted*	*Requested*	*Variance*
6.5.4.(2)(e) Total of Side Lot Line Setbacks	4.57 metres	3.05 metres	1.52 metres
6.5.4.(11) Second Storey Interior Side Lot Line Setback	3.0 metres	1.83 metres	1.17 metres
6.5.4.(3)(a) Maximum Building Height	4.10 metres	7.0 metres	2.90 metres
6.5.4.(3)(b) Maximum Occupiable Height	2.56 metres	7.0 metres	4.44 metres
6.5.4.(3)(c) Maximum Roof Height	5.12 metres	7.72 metres	2.6 metres

CARRIED

MOVED by Councillor Carson

Seconded by Councillor Copley, That the resolution in respect to the Development Variance Permit for 2183 Lafayette Street be amended as follows:

Bylaw Section

Required/

Permitted

Requested

Variance

6.5.4.(3)(b) Maximum Occupiable Height

2.56 metres

4.32 metres

1.76 metres

The question on the amendment was then called.

CARRIED

The Municipal Clerk noted that the above amendment will result in an amended Notice being sent to owners and occupiers within 100 feet of the subject property, reflecting the changes in the measurements for maximum occupiable height.

MOVED by Councillor Carson

Seconded by Councillor Cassidy, That the resolution in respect to the Development Variance Permit for 2183 Lafayette Street, as amended, be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

RESOLUTIONS:

Development Variance Permit – 925 Foul Bay Road

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to issue a development variance permit with respect to Lot A of the proposed bare land strata subdivision of 925 Foul Bay Road (Lot 1, Sections 23 and 68, Victoria District, Plan VIP82679), which would vary the requirements of Bylaw No. 3531, Zoning Bylaw, 1986, as follows:

*Bylaw Section*	*Required*	*Requested*	*Variance*
6.4.4.(2).(b) Minimum Rear Lot Line Setback	7.62 metres	6.59 metres	1.03 metres

Bylaw Section

Required

Requested

Variance

6.4.4.(2).(b) Minimum

Rear Lot Line Setback

7.62 metres

6.59 metres

1.03 metres

substantially as shown on the sketch plan appended to Committee of the Whole agenda item #2007-72, being a memorandum from the Director of Building and Planning dated February 27, 2007, upon the applicant satisfying all conditions of preliminary approval set out by the Approving Officer, and registration of the subdivision plan.

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the resolution in respect to the Development Variance Permit for 925 Foul Bay Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Development Variance Permit – 2363 Pacific Avenue

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2363 Pacific Avenue (LOT 12, BLOCK 2, SECTION 61, VICTORIA DISTRICT, PLAN 379), that will vary the Parking Facilities Bylaw, 1986 in Section A.1.(a) to Schedule A to reduce the number of required parking spaces from two to one and in Section 4.7 to relax the requirement that one-half (1/2) of the required parking spaces for a one-family residential use dwelling be contained within a building.

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the resolution in respect to the Development Variance Permit for 2363 Pacific Avenue be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

Infrastructure Planning Grant Application Authorization re Bowker Creek

The Municipal Administrator advised that Oak Bay staff participate in the meetings of the Capital Regional District’s Bowker Creek Urban Watershed Renewal Initiative Committee and, as in the past, Oak Bay is being requested to apply for a grant on behalf of that body, which if received, would be contributed towards its integrated storm water management plan. No matching funds from Oak Bay are required, he said.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That staff be authorized to submit an application for a grant under the Province’s Infrastructure Planning Grant Program to provide funding in the amount of $5,000 towards the development of the Bowker Creek Integrated Stormwater Management Plan under the Capital Regional District’s Bowker Creek Urban Watershed Renewal Initiative, in which the District of Oak Bay is a participant.

CARRIED

BYLAWS:

For Adoption

Bylaw No. 4350

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, Bylaw No. 4350, Administrative Procedures Bylaw Amendment Bylaw, 2007, be adopted.

CARRIED

For First, Second and Third Reading

Bylaw No. 4351

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4351, Streets and Traffic Bylaw Amendment Bylaw No. 3, 2007, be introduced and read a first time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4351, Streets and Traffic Bylaw Amendment Bylaw No. 3, 2007, be read a second time.

In response to a question from Council, the Municipal Administrator noted that as contained in other Bylaws, this amendment would set a minimum requirement for $3,000,000 liability insurance in relation to street occupancy permits, where currently the amount is left up to the discretion of the Director of Engineering Services. The amount of insurance that would be required, said Mr. Cochrane, is in line with that required for other types of occupancies of public property in Oak Bay and meets the recommendations of the Municipal Insurance Association.

The question was then called.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4351, Streets and Traffic Bylaw Amendment Bylaw No. 3, 2007, be read a third time.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, 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 if the Council considers that disclosure might reasonably be expected to harm the interests of the Municipality.

CARRIED

The meeting adjourned at 9:18 p.m.

Certified Correct:

_______________________________

Municipal Clerk

_______________________________

Mayor