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, May 9, 2005.

 

PRESENT:

Mayor C. M. Causton

Councillor S. F. B. Carson

Councillor A. R. Cassidy

Councillor J. D. Herbert

Councillor N. B. Jensen

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

 

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

 

MINUTES OF MEETING:

 

Public Hearing – April 25, 2005

 

MOVED by Councillor Jensen

Seconded by Councillor Macey-Brown, That the minutes of the public hearing held on Monday, April 25, 2005, be adopted.

CARRIED

 

Council –  April 25, 2005

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the meeting of Municipal Council held on Monday, April 25, 2005, be adopted.

 

Police Indemnification Agreements

 

Mayor Causton said that he would be requesting the Police Department to provide a report on the Integrated Road Safety Unit Program in comparison to the CounterAttack Program.

 

The question was then called.

CARRIED

 

Special Council – May 2, 2005

 

MOVED by Councillor Jensen

Seconded by Councillor Macey-Brown, That the minutes of the Special Council meeting held on Monday, May 2, 2005, be adopted.

CARRIED

 

Committee of the Whole – May 2, 2005

 

MOVED by Councillor Jensen

Seconded by Councillor Macey-Brown, That the minutes of the meeting of Committee of the Whole, and the recommendations contained therein, held on Monday, May 2, 2005, be adopted.

CARRIED

 

COMMUNICATIONS:

 

1.

2005-147

2005-147-1

2005-147-2

2005-147-3

2005-147-4

2005-147-5

2005-147-6

2005-147-7

2005-147-8

2005-147-9

2005-147-10

2005-147-11

2005-147-12

OAK BAY GREEN COMMITTEE, May 2, 2005

R. A. HALES, April 29, 2005

JENNIFER WILLIAMS, April 29, 2005

DONNA SAMOYLOFF HALE, April 29, 2005

TERRI HUNTER AND DAVID GODFREY, May 3, 2005

ELEANOR AND LYLE M. HESS, (undated)

EVERETT JOHNSTON et al, May 2-5, 2005

DOROTHY ROBE, May 8, 2005

KATHRYN ALLAN, May 2005

GRAHAM H. ROBE, May 8, 2005

GORDON ROBE, May 8, 2005

LARRY MACDONALD, May 9, 2005

VALERIE WYATT, May 9, 2005

Re Request for Expanded Tree Protection Bylaw

 

MOVED by Councillor Macey-Brown

Seconded by Councillor Herbert, That correspondence items no. 2005-147 to 2005-147-12, inclusive, be received.

CARRIED

 

René de Voss, 2168 Guernsey Street, explained that he represents the Oak Bay Green Committee, and said that it was the Committee’s hope that in-depth discussion on the proposal to investigate the expansion of the tree protection bylaw could occur at a future meeting of Committee of the Whole.

 

MOVED by Councillor Herbert

Seconded by Councillor Carson, That this item be referred to Committee of the Whole for further discussion, and that staff be requested to prepare a report to Committee of the Whole with respect to tree protection bylaws in other municipalities in the Capital Region, and to provide information from previous debates on this issue.

 

There was discussion regarding obtaining input from the Parks and Recreation Depart­ment, with the consensus that once the proposed report and background information has been submitted to Committee of the Whole and, should the Committee wish to consider expansion of the Bylaw, input could then be obtained from that Department.

 

The question was then called.

CARRIED

 

NEW BUSINESS:

 

Uplands Park Tour

 

Councillor Carson advised that Oak Bay Parks and Recreation Commission member Matt Fairbarns would be conducting a tour of Uplands Park on Saturday, May 14, 2005, and would introduce at risk species and provide other interesting facts in relation to the Park.  The meeting place for the tour, said Councillor Carson, is Cattle Point at 10 o’clock a.m.

 

TABLED:

 

Development Variance Permit – 2855 Lansdowne Road

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, 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 A, Block 23, Section 31, Victoria District, Plan 2713 (2855 Lansdowne Road) that will vary Bylaw 3531, Zoning Bylaw, 1986, as amended to permit the renovations of the single family dwelling on the land as follows:

 

Bylaw Section

 

Required

Requested

Variance

6.2.4.(2)(c)-Interior side lot line

4.57 m

2.29 m

2.28 m

6.2.4.(2)(e)-Total of side lot lines

12.19 m

7.51 m

4.58 m

 

CARRIED

 

The question on the main motion was then called.

CARRIED

 

MOTIONS / RESOLUTIONS:

 

Status of Heritage Designation in the Event of Building Destruction

 

The Municipal Administrator noted that the proposed resolution would ensure that, upon request by an owner, a bylaw to repeal heritage designation of a property upon destruc­tion of 75% or more of its value would be brought forward for consideration by Council.

 

Mr. Cochrane indicated that he has forwarded the proposed resolution to the Chair of the Oak Bay Community Heritage Commission, who provided some comments in this regard.

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That whereas

 

A.        The object of heritage designation is to preserve significant structures that are part of the architectural heritage of the community;

 

B.         It is not intended that heritage designation have the effect of requiring the recon­struction of a replica in the event that the heritage building is substantially destroyed;

 

C.         A heritage designation bylaw is effectively spent in the event of the destruction of the designated heritage building;

 

Now therefore be it resolved that on the request of the owner of the property, staff be directed to bring forward for consideration by Council a bylaw to repeal the heritage designation in any situation where a designated heritage building has been destroyed by fire or other peril to the extent of 75% or more of its value above its foundations as certi­fied by the Director of Building and Planning for the Municipality.

CARRIED

 

By consensus, the order of the agenda was varied.

 

Development Permit – Marrion Gardens

 

Howard Johnson, Baptist Housing Society of BC, was in attendance for this item, and noted that the bushes and shrubs at the Marion Gardens site have been removed by neighbours, and friends and relatives of residents, rather than having them destroyed by the new construction.  The remaining usable plant materials were collected by the Oak Bay Parks Department, he said.

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the Director of Building and Planning be authorized to issue a Development Permit in respect to Lot A, Section 69, Victoria District, Plan 30047 Except Parcel A (DD F70170) to amend DP-005-006 (authorized by Council resolution dated April 25, 2005) to permit the following changes to the approved Marion Gardens redevelopment:

 

§          Relocation of the two kitchen exhaust fans from the roof of the proposed four storey building to the first storey wall facing Bee Street and to the first storey wall facing the courtyard planting area; and

§          Relocation of a scooter storage area from building 5 to building 7

 

in accordance with the plans considered by Committee of the Whole on May 2, 2005.

 

CARRIED

 

Development Variance Permit – 141 Denison Road

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, 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.

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the resolution in respect to the Development Vari­ance Permit for 141 Denison Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

 

Summertime Meeting Schedule

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Council’s regular meeting schedule be suspended for the months of July and August 2005, and that the following schedule be substituted:

July 2005

Committee of the Whole                                                 July 18, 2005 @ 7:30 p.m.

Council                                                                          July 25, 2005 @ 7:30 p.m.

 

CARRIED

 

There was discussion regarding the fact that no quorum would be available in the month of August, and members of Council enquired as to whether or not there is the possibility of holding a Council meeting via video conferencing should an emergency situation arise.

 

The Municipal Administrator said that this would not be possible under the current bylaws; however, there are provisions in the Community Charter to address this type of meeting.  He further noted that the authority for staff to deal with emergency expendi­tures (i.e., those not contemplated in the Financial Plan) already exists.

 

Mayor Causton pointed out that later in the agenda there is a bylaw amendment that will address dealing with Uplands building permit approvals during the months with no scheduled Council meetings.  He further indicated that he would report back to Council with respect to any other options for addressing emergency situations during the summer.

 

BYLAWS:

 

For Adoption

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4274, Scout Hall Licence Authorization Bylaw, 2005, be finally adopted.

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Macey-Brown, That Bylaw No. 4269, Financial Plan Bylaw, 2005, be finally adopted.

CARRIED

 

MOVED by Councillor Macey-Brown

Seconded by Councillor Jensen, That Bylaw No. 4267, Capital Works and Equipment Reserve Fund Appropriation Bylaw, 2005, be finally adopted.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That Bylaw No. 4268, Fire Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw, 2005, be finally adopted.

CARRIED

 

MOVED by Councillor Carson

Seconded by Councillor Herbert, That Bylaw No. 4270, Refuse and Recyclables Collec­tion and Disposal Bylaw Amendment Bylaw, 2005, be finally adopted.

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Macey-Brown, That Bylaw No. 4271, Machinery and Equip­ment Depreciation Reserve Fund Appropriation Bylaw, 2005, be finally adopted.

 

CARRIED

 

MOVED by Councillor Macey-Brown

Seconded by Councillor Carson, That Bylaw No. 4272, Heritage Reserve Fund Appro­priation Bylaw, 2005, be finally adopted.

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Bylaw No. 4273, Land Sale Reserve Fund Appro­priation Bylaw, 2005, be finally adopted.

CARRIED

 

MOVED by Councillor Carson

Seconded by Councillor Herbert, That Bylaw No. 4277, Tax Rates Bylaw, 2005, be finally adopted.

CARRIED

(Councillor Jensen against the motion)

 

For introduction and First, Second and Third Readings

 

MOVED by Councillor Herbert

Seconded by Councillor Macey-Brown, That Bylaw No. 4278, Administrative Proce­dures Bylaw Amendment Bylaw, 2005, be introduced and read a first time.

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Macey-Brown, That Bylaw No. 4278, Administrative Proce­dures Bylaw Amendment Bylaw, 2005, be read a second time.

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Macey-Brown, That Bylaw No. 4278, Administrative Proce­dures Bylaw Amendment Bylaw, 2005, be read a third time.

CARRIED

 

The Municipal Administrator explained that Bylaw No. 4278 is a more formal delegation to that which already exists of the Uplands Building Permit Subcommittee’s authority to consider Uplands building permit applications due to the provisions of the Community Charter, and due to the new regulations with respect to public notice contained in the Uplands Regulations Bylaw.

 

This delegated authority, he said, would involve the Uplands Building Permit Subcom­mittee being required to observe the new notice provisions of the Uplands Regulations Bylaw and to hold public meetings where required to consider input on the applications.

 

ADJOURNMENT:

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the meeting of Council be adjourned.

CARRIED

 

The meeting adjourned at 7:57 p.m.

 

Certified Correct

 

 

 

 

Municipal Clerk

 

 

 

 

Mayor