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, May 24, 2005.

 

PRESENT:

Mayor C. M. Causton

Councillor S. F. B. Carson

Councillor A. R. Cassidy

Councillor J. D. Herbert

Councillor N. B. Jensen (entered meeting at 8:52 p.m.)

Councillor C. Macey-Brown

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Director of Building and Planning, N. Beattie

Municipal Engineer, S. G. Pitt

Municipal Treasurer, P. A. Walker

 

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

 

MINUTES OF MEETING:

 

Council –  May 9, 2005

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the minutes of the meeting of Municipal Council held on Monday, May 9, 2005, be adopted.

CARRIED

 

Committee of the Whole – May 16, 2005

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the minutes of the meeting of Committee of the Whole, and the recommendations contained therein, held on Monday, May 16, 2005, be adopted.

CARRIED

 

COMMUNICATIONS:

 

1.

2005-136

CAPITAL REGIONAL DISTRICT, April 7, 2005

Re Economic Development Opportunities Blueprint – October 2004

 

(Bruce Carter and Lorne White, Co-Chairmen, Greater Victoria Enterprise Partnership Society, in attendance for this item.)

 

Bruce Carter provided an overview of the Greater Victoria Economic Development Opportunities Blueprint, which examines economic trends in a local, national and global context, offering strategies on how to accomplish its recommendations with respect to overcoming problems that negatively affect the local business climate and enhance existing or developing new business enterprises that build on the region’s assets.

 

What is being asked of Council, said Mr. Carter, is to indicate whether or not it wishes to continue the partnership between the CRD and the Society and support the implementation of the Blue­print’s recommendations.

 

It was pointed out that there is a very unique population in Victoria with respect to the economic activity related to seniors, and Mr. Carter acknowledged that the demographics of seniors should be included in the plan to recognize the retirement growth industry.

 

While support for the coordination of economic development on a regional basis was indicated, concerns were raised regarding whether or not the Capital Regional District is the best agency to take the regional economic development strategy forward.

 

MOVED by Councillor Carson

Seconded by Councillor Herbert, That a letter be written to the Capital Regional District indicating Council’s support for maintaining the partnership between the CRD and the Greater Victoria Enterprise Partnership Society, based on a private sector driven model where the CRD is not necessarily taking the lead role.

CARRIED

 

2.

2005-157

OAK BAY COMMUNITY HERITAGE COMMISSION, May 12, 2005

Re Minutes of Meeting

 

MOVED by Councillor Macey-Brown

Seconded by Councillor Herbert, That item no. 2005-157 be received.

CARRIED

 

3.

2005-158

2005-158-1

ST. PATRICK’S PARISH, April 22, 2005

OAK BAY FIRE DEPARTMENT, May 9, 2005

Re Funding Request (Emergency Generator) – St. Patrick’s Parish

 

Attention was drawn to the letter from St. Patrick’s Parish requesting funding for emer­gency lighting and a generator for use during emergencies.  The Municipal Administrator advised that the District of Oak Bay’s Emergency Plan does not specifically designate a reception centre, and noted that, should resources be available for emergency generators, the Emergency Program would first concentrate its efforts on supplying the Municipal Hall and then the Oak Bay Recreation Centre with such equipment before private build­ings.

 

It was acknowledged that it would be desirable to have an emergency generator at the Parish, and it was suggested that the Emergency Program prepare a report on priorities for supplying emergency generators throughout the Municipality, as well as potential strate­gies for obtaining funding such as through Joint Emergency Preparedness Program grants.

 

MOVED by Councillor Herbert

Seconded by Councillor Macey-Brown, That the Deputy Fire Chief be requested to prepare a report with respect to the Emergency Program’s priorities for supplying emer­gency reception centres with emergency equipment, with suggested options for obtaining funding in this regard.

CARRIED

 

4.

2005-159

THE BLETHERING PLACE, May 4, 2005

Re Request for Street Closure (Collector Car Festival) – August 14, 2005

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That

 

1.

permission be given for the closure of Oak Bay Avenue from Monterey Avenue to Elgin Road, and a portion of Hampshire Road, from 8:00 a.m. until 5:30 p.m. on Sunday, August 14, 2005, for the purpose of staging a Classic Car Show, subject to

 

(a)

the event organizers indemnifying the Municipality from any liability in connection with the event;

 

(b)

adherence with the traffic management plan prepared by the Oak Bay Police Department; and

 

(c)

the event organizers bearing any extraordinary costs incurred by the Municipality in connection with the road closure; and

 

2.

permission be given for the use of the public property immediately adjacent to the Oak Bay Avenue frontage of The Blethering Place Tea Room, projecting out 15 feet towards the centre line of Oak Bay Avenue, to provide outdoor patio service during the hours of the Collector Car Festival, subject to the condition that the sales and service take place on a not-for-profit basis with net proceeds to be turned over to a charitable organization.

 

Ken Agate, The Blethering Place Tea Room, indicated that this year he is requesting permission to occupy Oak Bay Avenue to Elgin Road versus just to Yale Street, as in past years, due to the increasing numbers of participants in the event.

 

The question was then called.

CARRIED

 

5.

2005-160

ESTEVAN VILLAGE MERCHANTS ASSOCIATION, May 16, 2005

Re Request for Street Occupancy

 

MOVED by Councillor Macey-Brown

Seconded by Councillor Herbert, That approval be granted to the Estevan Village Merchant’s Association to occupy the parking stalls on the north side of Estevan Avenue between Musgrave Street and Dunlevy Street on June 5, 12, 19, 26, and July 3, 10, 17, 24, 31, and August 7, 14, 21 and 28, 2005, from 11 o’clock a.m. until 4 o’clock p.m., subject to the execution of a Letter of Undertaking setting out the terms and conditions under which the occupancy is permitted, and the Association indemnifying the Munici­pality from any liability arising from the staging of the event and providing evidence of insurability in this regard.

CARRIED

 

6.

2005-161

SUSAN AND STEVE FOX, May 10, 2005

Re Request for Partial Street Closure (Block Party) – July 1, 2005

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That permission be given for the closure of the 2500-block of Dunlevy Street from 3 o’clock p.m. to 7 o’clock p.m. on July 1, 2005, for the purpose of holding a block party.

CARRIED

 

7.

2005-162

2005 CIBC RUN FOR THE CURE, (undated)

Re Request for Partial Street Closure – October 2, 2005

 

There was discussion regarding the Canadian Imperial Bank of Commerce’s Run for the Cure request for a street closure to facilitate the 2005 event, and it was noted that any approvals should be subject to police approval of a traffic management plan.

 

MOVED by Councillor Macey-Brown

Seconded by Councillor Jensen, That approval be given for the closure of Cedar Hill Cross Road between Henderson Road and Gordon Head Road, and the east side of Gordon Head Road from Cedar Hill Cross Road to the municipal boundary with the District of Saanich, on Sunday, October 2, 2005 to facilitate the staging of the 2005 CIBC Run for the Cure, 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 the traffic management plan approved by the Oak Bay Police Department; and

 

(c)

the event organizers bearing any extraordinary costs incurred by the Municipality in connection with the road closure.

CARRIED

 

8.

2005-163

MUNICIPAL CLERK, May 17, 2005

Re Renewal of Teen Centre Licence Agreement with School District 61

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That the Mayor and Municipal Clerk be authorized to execute an agreement with School District 61 with respect to the siting of a teen centre on School District property, as set out in the agreement attached to the memorandum from the Municipal Clerk dated May 17, 2005.

CARRIED

 

9.

2005-164

2005-164-1

2005-164-2

LEE DIMOS, May 16, 2005

ROLF AND DAWN JOHANSEN, May 12, 2005

ELIZABETH BRENNAN AND DERK TRIMMER, May 12, 2005

Re Request for Amendment to Screens and Fences Bylaw, 1986

 

The Director of Building and Planning noted that the Screens and Fences Bylaw regulates the size of the openings for lattice work on fences, and that it was possible that the prefabricated fence panels do not meet these requirements.  Additionally, with respect to prefabricated panels, the solid portion of the fence, and the height of the lattice work that tops it, might not be consistent with the Bylaw.

 

Lee Dimos, 2385 Zela Street, said that he was unaware that there was a fence bylaw, and that his newly installed fence does not meet the bylaw requirements, until it was pointed out to him by a Building Inspector who was inspecting his home.  Mr. Dimos indicated that there are a number of similar fences to his throughout the area that also do not conform to the Bylaw and that he is requesting a bylaw amendment that would permit his fence to remain as built.

 

It was the view of Council that prior to considering an amendment to the Screens and Fences Bylaw, further information should be obtained on what fencing products are commercially available.

 

MOVED by Councillor Macey-Brown

Seconded by Councillor Cassidy, That the Director of Building and Planning be requested to prepare a report with respect to the dimensions of prefabricated fence panels available in the region, to be considered at a meeting of Committee of the Whole.

 

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That items no. 2005-164, 2005-164-1, and 2005-164-2 be received.

CARRIED

 

10.

2005-165

JOHN AND MARGARET BOWRON, May 12, 2005

Re Request for Repaving of Beach Drive Between Transit Road and Newport Avenue

 

Mayor Causton indicated that he would be unable to participate in the discussion with respect to this item inasmuch as the portion of Beach Drive in question is located near his property, and he left the meeting at 8:35 p.m.  Councillor Cassidy assumed the Chair.

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the Municipal Engineer prepare a report with respect to where the requested paving of Beach Drive ranks in terms of priority and that a cost estimate for the requested paving be included in the report to be considered at a meeting of Committee of the Whole.

CARRIED

 

Mayor Causton returned to the meeting at 8:38 p.m.

 

11.

2005-166

MUNICIPAL CLERK, May 19, 2005

Re 2005 Oak Bay Tea Party

 

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That permission be given to the Oak Bay Tea Party Society for the occupancy of public land in the areas shown in the sketches attached to the memorandum from the Municipal Clerk dated May 19, 2005, for the purposes of staging the 2005 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 with evidence of adequate liability insurance being provided.

CARRIED

 

 

12.

2005-167

BERT JOHNSTON, (undated)

Re Request for Beer Garden at Windsor Park for Vancouver Island Rugby Union Games on May 28, June 18 and 30, and July 16, 2005

 

MOVED by Councillor Macey-Brown

Seconded by Councillor Cassidy, That permission be granted to the Vancouver Island Rugby Union for the serving of alcohol within the Windsor Park Pavilion, and also out­side in an area 10 feet by 25 feet in size and facing the rugby field from 1 o’clock p.m. to 5 o’clock p.m. on May 28, June 18 and 30, and July 16, 2005 in connection with the Ellis Cup Rugby series.

CARRIED

 

TABLED:

 

Development Variance Permit (141 Denison Road)

 

MOVED by Councillor Cassidy

Seconded by Councillor Jensen, That the following motion be lifted from the table:

 

That the Director of Building and Planning be author­ized to issue a Development Vari­ance Permit in respect to Lot 2, Section 22, Victoria District, Plan 22317 (141 Denison Road) that will vary Section 6.4.4.(3).(b) of Bylaw 3531, Zoning Bylaw, 1986, as amended to permit an addition to the single family dwell­ing on the land which will have a maximum occupiable height of 5.85 metres, in accor­dance with the plans considered by Committee of the Whole on May 2, 2005.

CARRIED

 

The question on the main motion was then called.

CARRIED

 

BYLAWS:

 

For Final Adoption

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4278, Administrative Procedures Bylaw Amendment Bylaw, 2005, be finally adopted.

CARRIED

 

For Introduction and First, Second and Third Readings

 

Councillor Jensen indicated that he would be unable to participate in the discussion or vote on the Bylaw inasmuch as he is the Chairman of the Scout Troop involved.  He left the meeting at 9:40 p.m.

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That  Bylaw No. 4279, Sea Scout Licence Authorization Bylaw, 2005, be introduced and read a first time.

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That  Bylaw No. 4279, Sea Scout Licence Authorization Bylaw, 2005, be read a second time.

CARRIED

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That  Bylaw No. 4279, Sea Scout Licence Authorization Bylaw, 2005, be read a third time.

CARRIED

 

ADJOURNMENT:

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the meeting be adjourned.

CARRIED

 

The meeting adjourned at 9:42 p.m.

 

Certified Correct

 

 

 

 

Municipal Clerk

 

 

 

 

Mayor