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 Tuesday, March 25, 2008 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. Herbert

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 – March 10, 2008

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the minutes of the Council meeting held on Monday, March 10, 2008, be adopted.

CARRIED

Committee of the Whole – March 17, 2008

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Monday, March 17, 2008, and the recommendations contained therein, be adopted.

CARRIED

REPORT OF MEETING:

Public Hearing – March 10, 2008

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the report of the Public Hearing held on Monday, March 10, 2008, be adopted.

CARRIED

COMMUNICATIONS:

There was consensus to amend the order of the agenda.

2008-95

GREATER VICTORIA PUBLIC LIBRARY, February 28, 2008

Re Greater Victoria Public Library 2008 Operating Budget

(John Goudy, Board Member, Barry Holmes, Chief Executive Officer, Donna Locke, Business Manager, all of the Greater Victoria Public Library, in attendance for this item.)

Mr. Goudy provided an overview of the 2008 operating budget noting that the total increase in municipal contributions is 7.8%. Oak Bay’s share, he said, is $795,684, which represents an increase of 8.20% over last year’s requisition.

Attention was drawn to the statement in the letter from the Library Board that notes the proposed budget represents a best case scenario and in response to a question from a member of Council, the Municipal Administrator clarified that although the Library Agreement provides for amending the approved budget at any time during the year, practically speaking, once the municipalities have passed their tax rate bylaws, usually set by May 15^th, there is no capacity for an amendment that affects the amount of the municipal share. It would, he said, be expected that the Library Board would reallocate funds within the approved budget later on if it is required.

Library representatives responded to various 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 2008 operating budget for the Greater Victoria Public Library in the amount of $795,674 be approved.

CARRIED

Monica Richter, resident of Oak Bay and Oak Bay library employee, was in attendance to present a petition to Mayor Causton in support of the library workers.

2008-83

2008-52

MUNICIPAL CLERK, March 19, 2008

JOHN CHOMYN et al, February 11, 2008

Re Request for Discharge of Elkington Estate Tree Protection Covenant

Attention was drawn to the memorandum from the Municipal Clerk regarding the request to discharge the Elkington Estate tree protection covenant, and it was noted that the covenant allows Council to delegate the authority for approving any work on trees in the covenanted area.

Council was in agreement to appoint the Manager of Parks Services to approve work on trees within the covenanted Elkington Estate property, which would eliminate unnecessary delays for the property owners seeking approval in that regard, which it was understood was the reason for the request form the Strata Plan owners.

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That, pursuant to the terms of the Restrictive Covenant registered against the properties in the Elkington Estate Strata Plan, the Manager of Parks Services be designated as Council’s appointee with respect to considering requests to undertake work on trees on the covenanted properties, subject to being in compliance with the Tree Protection Bylaw.

CARRIED

2008-84

BARRY KELLY, March 9, 2008

Re Request to Undertake Work on Trees Protected by Restrictive Covenant – 603 Island Road

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That pursuant to the restrictive covenant registered against the property, approval be given to carry out the requested tree work at 603 Island Road, as outlined in the Municipal Arborist’s report attached to correspondence item no. 2008-84, subject to compliance with the Tree Protection Bylaw.

CARRIED

2008-85

OAK BAY GREEN COMMITTEE, February 28, 2008

Re Request to Encourage Capital Regional District to Include Soft Plastics in its Curbside Recycling Program

Mayor Causton said he recently meet onsite with Mr. de Vos, Oak Bay Green Committee, and the Superintendent of Public Works at the Public Works Yard to discuss the possibility of handling soft plastics at that drop-off facility noting that further information from Mr. Barnett will be forthcoming to the Estimates Committee in that regard.

Members of Council agreed that incorporating soft plastic recycling into the Capital Regional District’s curbside collection should be explored, however, there was some concern expressed regarding containment of the lightweight items being put out for pickup that may blow away in the wind, leaving an unsightly mess.

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That a letter be sent to the Capital Regional District requesting that consideration be given to including soft plastics recycling in its curbside collection service in Oak Bay.

Further discussion followed with respect to how soft plastic use could be reduced or eliminated in Oak Bay, and it was agreed that through community education, residents could be encouraged to use reusable shopping bags rather than plastic bags. It was noted that more and more people are aware of and are actively participating in recycling programs throughout the region.

Mayor Causton pointed out that the Capital Regional District will soon be introducing a region wide recycling education program.

The question was then called.

CARRIED

2008-86

OAK BAY BUSINESS IMPROVEMENT ASSOCIATION, [Undated]

Re 2007 Financial Statements and 2008 Budget

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Council approve the budget submitted by the Oak Bay Business Improvement Association for the 2008 calendar year as outlined in correspondence item no. 2008-86, with the budget incorporating on the revenue side a grant from the Municipality in the amount of $62,000 to be recovered by means of a local service tax in that amount.

CARRIED

2008-87

2008-87-1

2008-87-2

OAK BAY TEA PARTY SOCIETY, March 11, 2008

MUNICIPAL CLERK, March 12, 2008

OAK BAY TEA PARTY SOCIETY, March 20, 2008

Re Oak Bay Tea Party Grant /Occupancy of Public Property Request

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite That a grant of $7,000 be provided to the Oak Bay Tea Party Society for the 2008 Oak Bay Tea Party annual event.

CARRIED

Attention was drawn to a letter from the Oak Bay Tea Party Society (correspondence item no. 2008-87-2), requesting an additional grant of $5,000 to go towards the cost of the Victoria Symphony possibly performing at the Oak Bay Tea Party in honour of BC’s 150^th anniversary.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the request from the Oak Bay Tea Party Society for an additional one-time grant request of $5,000 be referred to Estimates Committee.

CARRIED

Councillor Herbert drew attention to a grant of $5,000 to be received from the Province of British Columbia, through its BC150 Program, which will go towards the Oak Bay Tea Party parade noting that the Community Initiatives Committee will be meeting with the Oak Bay Tea Party Society to discuss possible ways to allocate the funding. A request to authorize the payment of the BC150 grant money, it was noted, will be forthcoming after that time once an appropriate use has been decided on.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That pursuant to the Streets and Traffic and Zoning Bylaws, permission be given to the Oak Bay Tea Party Society for the occupancy of public land and for the closure of public streets as shown in the sketches attached to the memorandum from the Municipal Clerk dated March 12, 2008, for the purposes of staging the 2008 Oak Bay Tea Party, subject to the Oak Bay Tea Party Society undertaking the same preparations in terms of notices to the public and safety that has been done in previous years, and subject to the Oak Bay Tea Party Society executing an agreement saving the Municipality harmless from any liability arising from the staging of the events, and providing evidence of adequate liability insurance.

CARRIED

2008-88

TOURISM VICTORIA, March 14, 2008

Re Grant Request

(Melissa McLean, Interim President and Chief Executive Officer, and Pauline Rafferty, Board Member, Tourism Victoria, were in attendance for this item.)

Ms. McLean provided an overview of the activities of Tourism Victoria over the past year, drawing attention to the Visitors’ Services Program and its focus on increasing overnight stays in Victoria, noting that it is the busiest visitor centre in the country assisting over 800,000 visitors each year.

Ms. McLean provided information on upcoming events planned in celebration of British Columbia’s 150^th Anniversary this year as well, saying that along with many other scheduled attractions, the Tall Ships Festival will be returning to Victoria in June.

Attention was drawn to the downsizing of the Tourism Victoria Board, and it was noted that a new President and Chief Executive Officer, Robert Gialloreto, would be joining Tourism Victoria in April.

Ms. McLean acknowledged that in reducing the size of the Board, Oak Bay no longer has a representative on the Board. However, Ms. McLean assured Council that Oak Bay representatives would be invited to attend meetings with Tourism Victoria to discuss issues of concern.

Responding to a comment that information promoting Oak Bay cannot be easily found at the Visitor Centre, Ms. McLean said Tourism Victoria is most willing to display the Member’s brochures and information that is provided to the Visitor Centre.

The 2007 Annual Report was distributed to members of Council at this time. There was further discussion regarding Tourism Victoria’s financial statements and budget, and Ms. McLean answered questions from Council in this regard.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That a 2008 grant to Tourism Victoria in the amount of $6,750 be referred to Estimates Committee.

CARRIED

2008-89

2008-89-1

INTREPID THEATRE, [Undated]

INTREPID THEATRE, March 14, 2008

Re Grant Request

(Janet Munsil, Artistic Director, Intrepid Theatre, was in attendance for this item.)

Ms. Munsil provided an overview of the Intrepid Theatre and its development of the Metro Studio, saying that it offered presentations and festivals, and provided an affordable rental venue for the performing arts community in Victoria.

Ms. Munsil assured Council that although the Intrepid Theatre rents the space from the Conservatory of Music, it has created a permanent studio theatre. In response to concerns about public funding being put into a rental property she pointed out that the capital projects for which they are seeking one time funding contributions (technical equipment and risers) are portable and would belong to the theatre group.

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That the request from the Intrepid Theatre Society for a grant request of $1,000 be referred to Estimates Committee.

CARRIED

2008-90

MUNICIPAL TREASURER, March 18, 2008

Re Oak Bay Tourism Committee Grant Request

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That approval be given for a grant in the amount of $150 to the Oak Bay Tourism Committee for the purpose of contributing towards participating in the Victoria Tourism Tradeshow, with the funding to come from the Community Initiatives Committee budget.

CARRIED

10.

2008-91

DEPUTY TREASURER, March 18, 2008

Re Tender Award Recommendations – Public Works Vehicles

Councillor Carson indicated a conflict with respect to this item and advised that he would be unable to participate in the discussion or vote on the matter due to his family business interest in the Suburban Motors Dealership. Councillor Carson left the meeting at 8:29 p.m.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the 2008 tenders be awarded as follows:

PW09-2008

P & R Truck Center	Cab & Chassis w 10’ Dump Body for:	$42,079.76
P & R Truck Center	Cab & Chassis w 12’ Van Body for:	$48,067.81
P & R Truck Center	Cab & Chassis w 12’ Van Body for:	$48,067.81
P & R Truck Center	Cab & Chassis w 12’ Flat Deck for:	$39,896.51

as detailed in the memorandum from the Deputy Treasurer, dated March 18, 2008 (correspondence item no. 2008-91).

CARRIED

Drawing attention to the escalated vehicle replacement costs, Mr. Cochrane said that is due in part to the ongoing focus on reducing green house gas emissions, as the vehicles are compatible with the use of bio-diesel fuel.

Councillor Carson returned to the meeting at 8:33 p.m.

11.

2008-92

HERITAGE STEERING COMMITTEE, February 14, 2008

Re Minutes of the Meeting

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the minutes of the Oak Bay Heritage Steering Committee meeting held on February 14, 2008 be received, and that an amendment to Bylaw No. 4298, removing the word “Steering” from the title of the Heritage Committee, be brought forward to Council for formal consideration.

Mayor Causton commended Steve Toleikis on an excellent job in creating the Oak Bay Heritage website that will soon be available online.

The question was then called.

CARRIED

12.

2008-93

JAMES AND LINDA WALKER, March 13, 2008

Re Development Variance Permit – 565 Oliver Street

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That correspondence item no. 2008-93 be received.

CARRIED

13.

2008-94

2008-80

BRIAN AND KATHERINE CANFIELD, March 20, 2008

DIRECTOR OF BUILDING AND PLANNING, March 10, 2008

Re Uplands Building Permit Application, 3220 Weald Road, with Cantilevering Proposal for Protection of Oak Tree

Dave Rannala, Rannala Building Contractors, was in attendance on behalf of the homeowners and as suggested by Committee of the Whole at its last meeting, Mr. Rannala reported that he spoke with the applicant to explore alternative siting or design options that would not require removal of, or adversely affect, the tree roots of the Garry Oak tree (identified as #530 on the plans). He said he also met with Mr. Talbot, a Certified Arborist, to review the proposed reconfiguration of the building foundation to allow the garage structure to cantilever over the tree roots. The Arborist, said Mr. Rannala, indicated he felt that this course of action would not interfere with the tree, noting that a report would be forthcoming to the Building Department in that regard.

Members of Council discussed various details to be considered with respect to the protection of the Garry Oak tree and expressed their wish that the work around the tree be carefully monitored.

In response to members of Council requesting that the Municipal Administrator provide possible wording of a resolution to ensure protection of the tree, the following motion was made.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the proposed plans to construct a residential dwelling at 3220 Weald Road be approved as to siting and architectural design provided however that the Garry Oak tree (#530) at the south west corner of the proposed attached garage within the critical root zone, as shown on plans attached to correspondence item no. 2008-80, dated March 10, 2008, be retained and protected by cantilevering the portion of the garage within the critical root zone and by relocating or eliminating and/or redesigning the ‘additional parking’ shown on the site plan, with the approval as to siting and design to be deemed revoked if the initial excavation in this area reveals in the assessment of the Municipal Arborist that this proposed method of construction will not be sufficient to protect the tree, in which case an amended application for approval under the Uplands Regulations Bylaw must be made unless the method of construction is further modified to the extent required to ensure the protection of the tree.

CARRIED

TABLED:

Development Variance Permit – 565 Oliver Street

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, 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 565 Oliver Street (Lot 15, Block D, Section 22, Victoria District, Plan 1092) that will vary the following provisions of Bylaw No. 3540 (Parking Facilities Bylaw, 1986), with respect to the number and type of required on-site parking spaces:

Parking Facilities Bylaw Section

Required

Requested

Variance

4.7 and Schedule A, A.1.(a)

Minimum No. of Parking Spaces

2 spaces,

Incl. 1 in building

1 space

(none in

Building)

1 space

(waive the “1 space in building” requirement)

to accommodate the elimination of the pre-existing in building parking space, as shown on the plans printed for the purposes of the March 10, 2008 Council agenda and as described in Committee of the Whole agenda item #2008-62, being a memorandum from the Director of Building and Planning dated February 27, 2008.

CARRIED

The question on the main motion was then called.

CARRIED

Development Variance Permit – 1852 Hampshire Road

MOVED by Councillor Braithwaite

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 1852 Hampshire Road (Lot 11, Section 61, Victoria District, Plan 1266), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the siting of a structure:

Bylaw Section	Required	Requested	Variance

6.5.4. (2) (c) Minimum Interior Lot Line Setback	1.52 m	0.0 m	1.52 m

6.5.4. (7) Minimum Clear Space Between Buildings and Structures	3.0 m	0.51 m	2.49 m

to accommodate the constructed rose arbour, as more particularly shown on the plans attached to Committee of the Whole agenda item #2008-63, being a memorandum from the Director of Building and Planning dated February 28, 2008.

CARRIED

The question on the main motion was then called.

CARRIED

RESOLUTIONS:

Development Variance Permit – 2368 Epworth Street

MOVED by Councillor Braithwaite

Seconded by Councillor Carson, That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2368 Epworth Street (Lot 36, Block 2, Section 23, Victoria District, Plan 915) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Permitted	Requested	Variance

6.5.4. (6) (a) Gross Floor Area Higher than 0.8m Below Grade	240 sq m	267 sq m	27 sq m

6.5.4. (2) (a) Minimum Front Lot Line Setback	7.62 m	7.53 m