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,
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PRESENT: |
Councillor
H. Braithwaite Councillor
S. F. B. Carson Councillor
A. R. Cassidy Councillor
P. Copley Councillor
J. D. Herbert Councillor
N.B. Jensen |
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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 |
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.
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1. |
2006-101 |
TOURISM 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
Attention was drawn to the grant request amount,
and it was noted that it was higher than in previous years. Ms. Welch stated that
There was further discussion regarding Tourism
MOVED by Councillor Copley
Seconded by Councillor Carson, That a 2006 grant
to Tourism
CARRIED
COMMUNICATIONS:
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2. |
2006-99 |
CAPITAL REGIONAL DISTRICT, March 22, 2006 Re East Coast Interceptor – |
(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
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
MOVED by Councillor Herbert
Seconded by Councillor
Cassidy, That Item No. 2006-99 be received.
CARRIED
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2. |
2006-100 2006-100-1 2006-100-2 2006-100-3 |
MUNICIPAL TREASURER, March 6, 2006 COMMUNITY SOCIAL PLANNING COUNCIL OF GREATER 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
Crisis Intervention and Public Information
Society $4,250
CARRIED
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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
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
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5. |
2006-103 |
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
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6. |
2006-105 |
LEADERSHIP 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
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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
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
“Share the Road” Signs
Staff were requested to
investigate the possibility of erecting yellow “share the road” signs along
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.
Attention was drawn to a
letter received by a resident suggesting that
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
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
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,
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
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,
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Copley, That Bylaw No.
4308,
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
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Municipal
Clerk |
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