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, March 27, 2006.

 

PRESENT:

Mayor C. M. Causton

Councillor H. Braithwaite

Councillor S. F. B. Carson

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

Municipal Engineer, S. G. Pitt

 

Mayor Causton called the meeting to order at 7:30 p.m. 

 

MINUTES OF MEETING:

 

Council - March 13, 2006

 

MOVED by Councillor Cassidy

Seconded by Councillor Jensen, That the minutes of the Council meeting held on Monday, March 13, 2006, be adopted.

 

Referring to Council’s request that the Amyotrophic Sclerosis Society choose an alternate weekend to the Tea Party weekend to hold its annual National Flower Day, it was the consensus of Council to reconsider this and allow the Society to hold its tag day the first Saturday in June (June 3rd), as has been permitted in the past.   

 

CARRIED

Committee of the Whole - March 20, 2006

 

MOVED by Councillor Cassidy

Seconded by Councillor, Herbert, That the minutes of the Committee of the Whole meeting held on Monday, March 20, 2006, and the recommendations contained therein, be adopted.

 

CARRIED

 

There was consensus to vary the order of the agenda.

 

1.

2006-101

TOURISM VICTORIA, March 21, 2006

Re 2006 Grant Request

 

(Lorne Whyte, President and CEO, Helen Welch, Vice President Operations and Tamra McQuitty, Director of Finance, of Tourism Victoria, in attendance for this item).

 

Helen Welch provided overview of the activities of Tourism Victoria during the past year, drawing attention to the deferral of the plans to improve the Visitor Information Centre and the success of the Tall Ships Festival and the 2005 Ford World Men's Curling event.  The upgrade of the Visitor Information Centre, said Ms. Welch, is the main priority for 2006, and financial support for this project is being requested.

 

Attention was drawn to the grant request amount, and it was noted that it was higher than in previous years.  Ms. Welch stated that Oak Bay’s participation as a true funding partner was being sought, with the contribution amount being based on a formula brought forward by the Board. 

 

There was further discussion regarding Tourism Victoria’s financial statements and budget, and Ms. Welch answered questions from Council in this regard.

 

MOVED by Councillor Copley

Seconded by Councillor Carson, That a 2006 grant to Tourism Victoria in the amount of $6,750 be approved, with the balance of the request being referred to Estimates Committee.

 

CARRIED

 

COMMUNICATIONS:

 

2.

2006-99

CAPITAL REGIONAL DISTRICT, March 22, 2006

Re East Coast Interceptor – Humber Road and Rutland Road Pump Stations Overflow Screens

 

(Seamus McDonnell, Manager, Engineering Services and Malcolm Cowley, Senior Project Engineer, of the Capital Regional District,  in attendance for this item)

 

Malcolm Cowley  provided an overview of the staff report to the CRD’s Core Area Liquid Waste Management Committee regarding the recommendation that mechanical overflow screens be installed on the overflows at the Humber Road and Rutland Road pump stations in order to improve the efficiency of the screens and to reduce costs related to the maintenance and cleaning of the manual system now in place.  The costs for the screens, it was explained, are proposed to be borne by the District of Oak Bay, through the CRD’s requisition.

 

Mr. Cowley pointed out that the mechanical screens are being sought as one of the proposed improvements to the CRD’s core area trunk sewer system as contained in the Liquid Waste Management Plan.  In response to questions from Council as to whether the twinning of the Uplands sewer system would alleviate the need for the screens, Mr. Cowley noted that as the twinning would take up to 20 or 30 years to complete, the screens are needed now.

 

Responding to questions from Council, Mr. Cowley noted that the costs are proposed to be borne by Oak Bay alone because it is only Oak Bay flows that travel through the two pump stations.  Similarly, said Mr. Cowley, should a pump station in Saanich require upgrading, and only Saanich flows are accommodated at such a station, Saanich would bear the costs for the work.

 

The Municipal Administrator noted that he was of the understanding that the cost sharing formula set out in the local service area establishment bylaw for the East Coast Interceptor provides that capital costs for that sewer system are to be allocated to Saanich, Victoria and Oak Bay based on converted hospital assessments, acknowledging that use of that formula could result in Oak Bay having to cost share portions of capital work in Victoria and Saanich.

 

Seamus McDonnell advised that the practice at the CRD has always been to allocate costs for capital sewer work based on flow. 

 

It was requested that confirmation be obtained by CRD staff regarding the funding formula to be used for the proposed screen replacement, and that the subject be put before the Core Area Liquid Waste Management Committee so that the Committee is aware of how the costs are to be allocated.

 

Mr. Cowley and Mr. McDonnell answered further questions from Council regarding the proposed installation of mechanical screens and the potential cost savings involved, noting that calculations would have to be made in this regard before a firm answer can be given.

 

Responding to questions, the Municipal Treasurer confirmed that Oak Bay could recover a portion of the CRD costs for the sewer system through the sewer user charge if an agreement was entered into with the Capital Regional District in this regard.

 

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Item No. 2006-99 be received.

 

            CARRIED

 

2.

2006-100

2006-100-1

 

2006-100-2

2006-100-3

MUNICIPAL TREASURER, March 6, 2006

COMMUNITY SOCIAL PLANNING COUNCIL OF GREATER VICTORIA, February 24, 2006

VICTORIA VOLUNTEER SOCIETY, February 13, 2006

CRISIS INTERVENTION AND PUBLIC INFORMATION SOCIETY, (undated)

Re Social Service Agency Operating Grant Requests

 

(Mabel Jean Rawlins-Brannan, Community Social Planning Council, Val Green, Victoria Volunteer Society, and Jane Arnott, Crisis Intervention and Public Information Society of Greater Victoria, in attendance for these items.)

 

Mabel Jean Rawlins-Brannan, Val Green and Jane Arnott made presentations to Council regarding the individual requests for funding, providing overviews of the services each organization provides, and outlining need for the level of funding being sought by each.

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the following grants be approved for 2006, with the remainder of the requests being referred to Estimates Committee for consideration:

 

The Community Social Planning Council of Greater Victoria              $3,135

Victoria Volunteer Society                                                                   $2,018

Crisis Intervention and Public Information Society                              $4,250

St. John Ambulance                                                                             $   536

 

 

CARRIED

4.

2006-102

THE BLETHERING PLACE, February 24, 2006

Re  Request for Street Closures – Collector Car Festival,

August 13, 2006

 

Ken Agate, owner of The Blethering Place, drew attention to his request to expand the area of occupation for the Collector Car Festival past Elgin Road (as was the boundary last year) to Mitchell Street, noting that even more interest is expected than in past years as the event is being advertised as a Centennial Event. 

 

It was noted that the expanded area encompasses several multi family dwellings, and Mr. Agate assured Council that an adequate number of marshalls would be present in that area to provide residents access to and from their homes.

 

Responding to questions regarding obtaining approval for commercial activities ancillary to the event, the Municipal Administrator noted that any such requests must be provided by the applicant through the application process and be approved by Council. 

 

Moved by Councillor Herbert

Seconded by Councillor Cassidy, That pursuant Section 37.1 of the Streets and Traffic Bylaw,  a licence of occupation in connection with the closure of a portion of Oak Bay Avenue and Hampshire Road and for the occupation of the public property immediately adjacent to the Blethering Place and extending 15 feet towards the centre line of Oak Bay Avenue for outdoor patio service (with no objection being made to the application for the required temporary change in liquor licenses), all as part of the Blethering Place Oak Bay Centennial Collector Car Festival event, be granted subject to:

 

a)         the event organizers indemnifying the Municipality from any liability in connection with the event and providing evidence of insurability in this regard;

b)         adherence with a traffic management plan approved by the Oak Bay Police Department; and

c)         the event organizer bearing any extraordinary costs incurred by the Municipality in connection with the event.

 

CARRIED

 

5.

2006-103

OAK BAY HERITAGE STEERING COMMITTEE,

March 9, 2006

Re Minutes of the Meeting

 

MOVED by Councillor Herbert

Seconded by Councillor Brathwaite, That the minutes of the Oak Bay Heritage Steering Committee meeting held March 9, 2006 be received.

 

CARRIED

 

6.

2006-105

 

LEADERSHIP VICTORIA, March 14, 2006

Re 2006 Grant Request

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That item 2006-105 be received.

 

CARRIED

7.         2006-106         OAK BAY VOLUNTEER SERVICES SOCIETY,

                                    March 27, 2006

                                    Re 2006 Grant Request

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That a 2006 grant in the amount of $21,000 be approved for the Oak Bay Volunteer Services Society, and that the remainder of the request be referred to Estimates Committee.

 

CARRIED

 

8.

2006-104

 

2006-104-1

REPORT FROM FLOOR AREA RATIO COMMITTEE, 

March 16, 2006

REPORT FROM FLOOR AREA RATIO COMMITTEE,

March 16, 2006

Re Floor Area Ratio Regulations

 

Councillor Jensen noted that the Floor Area Ratio Review Committee, of which he is a member, was formed by the previous Council to review the issues related to under height basements that are unusable under the current BC Building Code but are counted as floor area in the current Zoning Bylaw.  These issues, he said, can lead to undesirable demolitions as owners may not wish to incur the expense of either raising the existing house or excavating to create a basement with an approved height as per the BC Building Code.

 

The Committee, said Councillor Jensen, looked at the various options available for dealing with this “catch 22” situation, and he went on to provide an overview of those options as laid out in the report from the Director of Building and Planning. 

 

Referring to an option proposed by the Committee to remove the floor area ratio provision completely from the RS5 zone as height and setbacks are already controlled through the Zoning Bylaw, Councillor Jensen indicated that the one drawback to such an option is that it would leave the larger lots within the zone open to overdevelopment.  

 

Responding to questions from Council , the Director of Building and Planning noted that the Committee looked at trying to solve the issues created through the floor area ratio provisions while avoiding creating a situation where “monster” houses could be created on the larger lots, noting that such a task is very complicated.  The use of a stepped scale was explored, said Mr. Beattie, whereby a sliding scale would be used to reduce the floor area ratio as the lots increase in size.  Where on that scale to adjust the floor area ratio, he said, is a difficult decision given the varying impacts based on going from one step on the scale to the next for a home owner. 

 

The Municipal Administrator acknowledged that Oak Bay’s treatment of basement area is actually very liberal compared to other areas throughout British Columbia, however, when the floor area ratio provisions were changed from 50% to 40% was when the issues began to emerge.

 

A member of Council suggested that specific examples illustrating the problem that is trying to be addressed as well as various options available would be helpful.

 

In response to a question, Mr. Cochrane said that the Board of Variance does not have the statutory authority to vary use or density, noting that decisions on such fundamental zoning parameters may, in any event, rest more appropriately with elected officials.

 

There was discussion regarding the options put forward by the Committee, and how to address the potential overdevelopment issue associated with the removal of the floor area ratio provisions in the RS5 zone, and it was felt that further discussion at the Committee level was needed, as well as additional time for the newest Council members to become more familiar with the nature of the issues involved. 

 

With respect to the Committee’s other mandate to investigate potential options for controlling intrusive and large houses outside of the Uplands, Councillor Jensen noted that the Committee looked at controlling overall square footage of a home, and staff advised that it is possible to limit square footage and for Council to vary flat square footage restrictions.

 

There was discussion regarding the actual prevalence of overly large houses, and varying views and opinions were noted.  There was consensus that at this time, Council should focus on the report regarding floor area ratio, leaving the task of further addressing the issues of overly large homes for another time.

 

MOVED by Councillor Carson

Seconded by Councillor Jensen, That staff bring forward further information and specific examples illustrating the various issues and options related to the floor area ratio provisions of the Zoning Bylaw for consideration by Committee of the Whole.

 

CARRIED

 

 

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

 

Association of Vancouver Island and Coastal Communities Conference

 

Mayor Causton drew attention to the upcoming Association of Vancouver Island and Coastal Communities Conference, being held in Oak Bay from April 7th to 9th.

 

“Share the Road” Signs

 

Staff were requested to investigate the possibility of erecting yellow “share the road” signs along Beach Drive to encourage safe use of the road by drivers and cyclists.

 

2006 Centennial Committee

 

Councillor Herbert provided an overview of the activities of the Centennial Committee, noting that the previously approved legacy heritage signs, funded by the Kiwanis Club, would be installed in various locations in the village in the near future.

 

Sister City Proposal

 

Attention was drawn to a letter received by a resident suggesting that Oak Bay build a “sister city” relationship.    Members of Council indicated their support in general of sister city relationships, acknowledging that some discussion around such an idea could be of value. 

 

RESOLUTIONS:

 

STAFF TRAVEL GUIDELINES: CONFERENCES, SEMINARS AND COURSES

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the policy entitled “Staff Travel Guidelines:  Conferences, Seminars and Courses” adopted by Council on September 13, 1993, be repealed and that the following policy be adopted in its place:

 

Staff Travel Guidelines: Conferences, Seminars And Courses

 

General Approval Process

 

1.                  Each department shall have a separate expenditure account for anticipated conference and seminar costs over the course of a calendar year.

 

2.                  Local conference attendance (within the Capital Regional District) and payment of registration fees may be approved at the department head level, subject to normal budget management and cost benefit principles.

 

3.                  Travel for training courses and seminars within British Columbia may be approved at the department head level, subject to normal budget management and cost benefit principles.

 

4.                  Requests to attend conferences involving travel shall be submitted to the Municipal Administrator, accompanied by a recommendation from the department head.  A request to attend a conference outside of British Columbia or Washington State must be approved by Council. 

 

5.                  Where attendance has been approved at the appropriate level, requests for advance travel expense cheques should be submitted to the Finance Department at least four (4) working days prior to the date funds are required.  The request must be accompanied by an itemized cost estimate in a form acceptable to the Finance Department.

 

6.                  A reconciliation of advance monies and actual expenses should be submitted to the Finance Department within ten (10) days of return, together with receipts for all claimed, out of pocket expenses not covered by the per diem.

 

Accommodation

 

Where the approved seminar, course or conference is in a location that imposes a reasonable requirement for overnight accommodation, the officer may claim reimbursement for single rate hotel accommodation costs booked through the Municipality and supported by receipts.

 

If the officer makes private accommodation arrangements (e.g., with friends or relatives), an allowance of $20.00 per night may be claimed without receipts.

 

Transportation

 

All requests to attend seminars, courses or conferences involving travel must be accompanied by a transportation plan.

 

Where the approved seminar, course or conference is in a location outside of the Capital Regional District, the officer may claim reimbursement for the actual cost of transportation directly associated with his or her attendance, based on the lesser of

 

(1)               actual British Columbia Ferry Corporation (or equivalent) costs and highway toll costs, where applicable and supported by receipts in both cases, plus required automobile mileage actually driven at the rate set by resolution of Council from time to time for the use of private vehicles on municipal business; or

 

(2)               actual air transportation costs, including associated ground transport, supported by receipts in both cases,

 

provided, however, that where the Municipal Administrator determines, prior to booking, that air transportation is the more appropriate alternative in the context of the need to maintain effective and efficient municipal operations, reimbursement for that mode of transport may be claimed notwithstanding that the cost exceeds the cost of ground transport.  An example would be a situation where, say, a requirement to attend a morning committee meeting, or other pressing municipal business, dictates a late departure.  Another would be where the additional cost associated with air transportation is exceeded by the saving in hotel and per diem expenses.  There will also be occasions where a strict application of the general rule would result in an inefficient use of the management staff resource and this consideration may be taken into account by the Municipal Administrator as well.

 

The costs of ground transportation shall be deemed to include actual automobile parking expenses, supported by receipts, directly related to and required as a result of attendance at the approved seminar, course or conference.

 

Per Diem Allowance

 

Where the approved seminar, course or conference is in a location that imposes a reasonable requirement for overnight accommodation, the officer may claim reimbursement

 

(1)               in the amount of $55.00 for each full day away from the Capital Regional District except where the meeting, course or convention occurs in Whistler, British Columbia, or within the Greater Vancouver Regional District, such amount being in lieu of reimbursement for actual meal costs and incidental expenses associated with living away from home.

 

Where the meeting, course or convention involves portions of days in addition to full days, this daily rate will be broken down as follows:

 

 

 

 

                                          Breakfast:           $   12.00

                                          Lunch:                $   13.00

                                          Dinner:               $   25.00

                                          Incidentals:         $     5.00

                                                                     $   55.00

 

(2)               in the amount of $65.00 for each full day where the meeting, course or convention occurs in Whistler, British Columbia, or within the Greater Vancouver Regional District, such amount being in lieu of reimbursement for actual meal costs and incidental expenses associated with living away from home.

 

Where the meeting, course or convention involves portions of days in addition to full days, this daily rate will be broken down as follows:

 

                                          Breakfast:           $   15.00

                                          Lunch:                $   15.00

                                          Dinner:               $   30.00

                                          Incidentals:         $     5.00

                                                                     $   65.00

 

Where such seminar, course or conference is in a location outside the Capital Regional District but does not reasonably require an overnight stay, meal expenses will be reimbursed on an actual cost basis, up to the respective daily rate maximum for each; provided, however, that where the officer has been required to purchase the full three meal cycle, and the departure and arrival times would normally indicate the purchase of overnight accommodation, he or she may, with the approval of the Municipal Administrator, claim the full daily rate notwithstanding that an overnight stay did not occur.

 

The per diem allowance may be claimed in U.S. funds for approved travel to that jurisdiction.

 

Miscellaneous

 

The foregoing is intended as a guideline for travel at the management level.  At the employee level, the same approval process will apply.  There will be an option, however, for travel at the employee level to be approved on a conditional basis – e.g., subject to use of a specified form of transportation or accommodation, reimbursement for actual meal costs only, etc.

 

All references to cost coverage are for the officer or employee only.  Any incremental costs associated with the addition of a spouse or other partner are to be borne by the individual.

 

CARRIED

 

 

 

 

 

 

BYLAWS:

 

For Final Adoption

 

MOVED by Councillor Jensen

Seconded by Councillor Brathwaite, That Bylaw No. 4307, Elected Official Travel Expense Bylaw Amendment Bylaw, 2006, be adopted.

 

CARRIED

 

For  First and second Reading and Setting of a Public Hearing date

 

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That Bylaw No. 4308, 1538 Beach Drive Heritage Designation Bylaw, 2006, be introduced and read for a first time.

 

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That Bylaw No. 4308, 1538 Beach Drive Heritage Designation Bylaw, 2006, be read for a second time.

 

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That a public hearing on Bylaw No. 4308 be held at the Oak Bay Municipal Hall on April 10, 2006 at 7:30 p.m., and that notice be given in accordance with the Local Government Act.

 

CARRIED

 

 

ADJOURNMENT:

 

MOVED by Councillor Jensen

Seconded by Councillor Carson, That the open portion of the meeting of Council be adjourned and that a closed session be convened to discuss:

 

1.         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

2.         the acquisition, disposition or expropriation of land or improvements if the Council considers that disclosure might reasonable be expected to harm the interests of the Municipality.

 

CARRIED

 

 

 

 

 

 

The meeting adjourned at 10:07 p.m.

 

 

Certified Correct

 

 

 

 

Municipal Clerk

 

 

 

 

Mayor