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 |
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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 Director of Engineering Services, D. |
MINUTES OF MEETING:
Council – October 30, 2006
MOVED by Councillor Cassidy
Seconded by
Councillor Braithwaite, That the minutes of the Council meeting held on Monday October
30, 2006, be adopted.
The question
was then called.
CARRIED
Committee of the Whole – November
6, 2006
MOVED by
Councillor Cassidy
Seconded by
Councillor Copley, That the minutes of the Committee of the Whole meeting held
on Monday, November 6, 2006, and the recommendations contained therein, be
adopted.
CARRIED
COMMUNICATIONS:
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1. |
2006-374 |
MANAGER OF
RECREATION PROGRAMS SERVICES, November 10, 2006 Re Resolution
for Regional Active Communities Initiative |
(Lorna Curtis, Manager of Recreation Program Services
in attendance for this item)
Ms. Curtis gave
an overview of the Greater Victoria Active Communities Committee, comprised of
various local governments and agencies, that is in the process of launching a
regional initiative with programs designed to motivate individuals toward a
healthier and more active lifestyle. Rather
than each jurisdiction embarking on its own programs and to avoid duplication,
the communities and organizations of the committee, with Oak Bay as the lead
local government, have been working on two regional initiatives: ‘Greater
Victoria Eats Well and Gets Moving’ and ‘Highway to Health’ , a web-based
activity tracker, as described in Ms. Curtis’ memorandum.
The Greater
Victoria Active Communities Committee has received notification from the Union
of British Columbia Municipalities that its initiative has been approved in
principle, and that the final proposal requires a resolution from the Council
of the lead local government (
MOVED by
Councillor Braithwaite
Seconded by Councillor Cassidy, That, as the lead
local government for the Greater Victoria Active Communities Committee project
proposal under the
CARRIED
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2. |
2006-375 2006-375-1 2006-375-2 |
BRYAN AND SHARON
GATES, October 18, 2006 MUNICIPAL CLERK,
November 7, 2006 MUNICIPAL
ARBORIST, October 23, 2006 Re Tree
Protection Bylaw – Application for Reconsideration of Permit Refusal – |
Bryan Gates, 3085 Uplands Road, speaking to his letter requesting Council
reconsideration of the Municipal Arborist’s refusal to issue a tree removal
permit, said that although he appreciates the professional decision of the
Municipal Arborist denying removal of the Cedrus deodora tree, he is concerned
that the tree leans towards his house and feels it is unsafe. Mr. Gates indicated that, as a professional Biologist,
he is in support of the Tree Protection Bylaw and that in the 33 years at this
address he has planted a total of 57 trees.
In response to a question from a member of Council,
Mr. Gates said he did not seek an independent Arborist’s assessment of the tree. He went on to note that the Cedrus deodora in
not a native tree to the area, and it is known to be a ‘dirty’ tree that sheds
year around, however, it is his fear that the tree is unsafe which motivated
his request to Council. Mr. Gates further
noted that although it is not a requirement, he would be willing to plant a
Garry Oak tree or two on his property at a location further away from the
house.
There was discussion regarding the application and it
was the view of Council that the tree did lean significantly and could be a
safety hazard.
MOVED by
Councillor Cassidy
Seconded by Councillor,
CARRIED
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3. |
2006-376 |
JIM KIRK,
November 6, 2006 Re Frequency of |
Attention was drawn to Mr. Kirk’s letter which notes
an increasing number of
There was discussion regarding Mr. Kirk’s concerns,
and members of Council agreed that many aspects of the street closures that are
associated with special events could be streamlined. It was further suggested that as many of the
noted closures are for Oak Bay Business Improvement Association (BIA) events,
it may be useful for the BIA to discuss Mr. Kirk’s concerns directly with
him. In this regard it was felt that
Councillor Herbert, as Council liaison to the BIA, could bring Mr. Kirk’s
letter to the BIA’s attention.
The Municipal Administrator noted that staff, along
with the BIA, have been aware of some of the issues surrounding the events and
steps are being taken to ensure that improvements to address the signage issues
are put into action for the upcoming December festivities.
MOVED by
Councillor Braithwaite
Seconded
by Councillor Copley, That correspondence item no. 2006-376 be received.
CARRIED
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4. |
2006-377 |
Re Request for Approval of Plans for Oak Bay
Christmas Festival |
Members of Council reviewed
the Oak Bay Business Improvement Association’s proposed activities planned for
the Sixth Annual Oak Bay Christmas Festival as outlined in correspondence item
no. 2006-377.
Heather Leary, on behalf of Oak Bay Business Improvement
Association, was in
attendance to answer questions regarding the various events. The
introduction of a fire show this year was noted and Ms. Leary advised that
appropriate safety precautions will be taken.
She further noted that a fire management plan would be forwarded to the
Fire Chief for approval, as is required by the Municipality.
MOVED by
Councillor Cassidy
Seconded by
Councillor Braithwaite, That the
closure of Oak Bay Avenue and Hampshire Road, the occupancy of the closed roads
and the front lawn of the Municipal Hall and the various events planned,
including the sales of goods and services pursuant to the requirements of the Streets
and Traffic Bylaw, in relation to the Oak Bay Business Improvement Association
Christmas Festival, as laid out in correspondence item no. 2006-377, be
approved subject to the Oak Bay Business Improvement Association:
1) indemnifying
the Municipality against any liability arising from the staging of the events
and providing evidence of adequate insurance to cover this indemnification;
3) obtaining
approval of a traffic management plan by
the Chief Constable for the District of Oak Bay that safely accommodates
diverted vehicular and pedestrian traffic;
3) assuming
all responsibility for any and all extraordinary costs incurred by the
Municipality in connection with the event; and
4) with
respect to the request for approval of a Fire Show, obtaining approval from the
Fire Chief for the District of Oak Bay of a
plan for the management, containment, size and location of the fire that
ensures the safety of persons and property.
In response to a question from a member of
Council, Ms. Leary said the uncertain date (December 8th or 15th)
for the ‘Snow in
The question was then called.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That
approval be given for the payment of staff overtime costs for the Business
Improvement Association’s Christmas light up event on November 26, 2006.
CARRIED
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5. |
2006-378 2006-351 2006-351-1 |
DIRECTOR OF
ENGINEERING SERVICES, November 10, 2006 DIRECTOR OF
ENGINEERING SERVICES, [Undated] Re Request to
Remove Parking Bay and Relocate Sidewalk on a Portion of |
Acting
It was noted that at its October 10, 2006 meeting, Council
requested that the Engineering staff prepare an estimate for the removal of the
parking bay along hole number three of the Victoria Golf Club, reinstatement of
the boulevard, relocation of the sidewalk to the west side of Beach Drive and
installation of the associated crosswalks.
The Director of Engineering Services advised that the
reason for the Club’s proposed changes in the vicinity of that hole is to
minimize the risk to pedestrians and cars along that section of
A member of Council drew attention to the proposed crosswalks
along
It was pointed out that the responsibility for
addressing the issues outlined by the Club lies with the Club as property owner.
However, it was noted the Engineering
Department was requested to prepare the estimates for the proposal work, and
that these estimates should be forwarded to the Victoria Golf Club for its
consideration.
MOVED by
Councillor Carson
Seconded by Councillor Cassidy, That the Engineering Department
cost estimates for possible changes to the parking bay and sidewalks along a
portion of
CARRIED
It was noted that any changes to the portion of
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6. |
2006-379 |
ROBERT MEEHAN,
October 27, 2006 Re Animal Control
Bylaw |
Attention was drawn to the letter from Robert Meehan
requesting that
It was noted that the new three year contract with Victoria
Animal Control Services Ltd. (VACS) commences January 1, 2007. It was suggested that staff invite Mr. Ian
Fraser of VACS to attend the next Committee of the Whole meeting to address
questions with respect to Mr. Meehan’s letter regarding cats at large.
MOVED by
Councillor Cassidy
Seconded by Councillor Copley, That correspondence
item no. 2006-379 be deferred to the next meeting of Committee of the Whole.
CARRIED
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7. |
2006-380 |
Re Resolution for Federation of Canadian
Municipalities |
It was noted
that at the Council meeting of October 30, 2006, staff had been requested to
place the Crystal Meth Victoria Society’s previously distributed proposed
resolution to the Federation of Canadian Municipalities urging federal
assistance in combating the crystal meth crisis, on an agenda for formal
consideration by Council.
In reviewing
the resolution, it was felt that some sections did not necessarily reflect
MOVED by Councillor
Braithwaite
Seconded by Councillor Cassidy, That a letter be sent
to the Federation of Canadian Municipalities to indicate the District of Oak
Bay’s support of Crystal Meth Victoria Society’s proposed strategy to address
the crystal meth crisis in Greater Victoria.
CARRIED
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8. |
2006-381 2006-381-1 2006-381-2 2006-381-3 2006-381-4 2006-381-5 2006-381-6 2006-381-7 |
BRUCE FILAN,
November 1, 2006 SEAN KANE,
November 1, 2006 MARGO FARR,
November 2, 2006 STAN OLSEN,
November 5, 2006 JOAN PEGGS,
November 7, 2006 SIBYLLE ARTZ,
November 7, 2006 NICK FIRE CHIEF,
October 2, 2006 Re Regulation of
Fireworks in |
Attention was drawn to several undesirable incidents
involving the use of fireworks on public property over the years, and support
for consideration of banning fireworks in
There was consensus to defer making a decision with
respect to fireworks regulations until after the Police Board has considered
the report expected from the Police Department.
It was expressed by a number of members of Council
that special events, where controlled use of fireworks has been a part of a
community celebration, should be permitted and that further discussion in that
regard is required.
MOVED by
Councillor Cassidy
Seconded by Councillor Braithwaite, That the issue of
regulation of fireworks in
Members of Council reiterated the importance of having
this item dealt with and it was agreed to put it back on the agenda within the
next three months.
The question was
then called.
CARRIED
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9. |
2006-382 |
GREATER Re 2007 Provisional Operating Budget |
As the
municipal representative for the Greater Victoria Public Library Board,
Councillor Copley said that following the 2007 budget presentation to be
held November
21, 2006, she would be pleased to answer any questions from Council with
respect to the GVPL provisional budget.
MOVED by
Councillor Copley
Seconded by Councillor Braithwaite, That the Greater
Victoria Public Library provisional operating budget for 2007 be received.
CARRIED
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10. |
2006-383 2006-383-1 |
MARK STUART,
October 24, 2006 LUCIE STUART,
October 24, 2006 Re Proposed
Purchase of Part of |
MOVED by
Councillor Braithwaite
Seconded by
Councillor Cassidy, That correspondence item no. 2006-383 and 2006-383-1 be
received.
CARRIED
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11. |
2006-384 |
LYNN AND PETER HALL, November 14, 2006 Re Floor Area Regulations |
MOVED by Councillor
Carson
Seconded by Councillor Braithwaite, That correspondence
item no. 2006-384 be received.
CARRIED
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Remembrance Day Ceremony
Councillor Cassidy noted how good it was to
see the youth participating in the November 11th Ceremony. He also thanked the News Group and Times
Colonist for the particularly well done articles pertaining to Remembrance Day
this year.
RESOLUTIONS:
Development Variance Permit –
MOVED by
Councillor Carson
Seconded by Councillor Cassidy, That the Director of Building and Planning be
authorized to issue a Development Variance Permit in respect to Lot 7, Section
73, Victoria District, Plan 3310 (975 Beach Drive) that will vary section 4.15.1
of the Zoning Bylaw, 1986, as amended, to permit the siting of a paved surface
which will cover 46.7% of the front yard, in accordance with the plans
considered by Committee of the Whole on November 6, 2006.
MOVED by Councillor Carson
Seconded by Councillor Cassidy,
That the resolution in respect
to the Development Variance Permit for 975 Beach Drive be tabled to enable
notice to be given in accordance with the Local
Government Act.
CARRIED
BYLAWS:
For First, Second and Third Reading
Bylaw No. 4333
MOVED by Councillor Braithwaite
Seconded by Councillor Copley, That, Bylaw No. 4333, Public Sewer Bylaw Amendment Bylaw, 2006, be
introduced and read a first time.
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That, Bylaw
No. 4333, Public Sewer Bylaw Amendment
Bylaw, 2006, be read a second time.
Responding to questions regarding how many properties
in the test areas in south Oak Bay, where the inflow and infiltration project
is being undertaken, would be affected by Bylaw No. 4333, which would eliminate
the exception to the rule that permits some residential storm laterals to
connect to the sewer, the Director of Engineering Services noted that he would
guess around six properties. Further information with respect to the number
of properties affected would be available once dye testing has been completed,
he said.
Concerns were raised by some members of Council with
respect to the costs that owners would have to pay to remedy stormwater-to-sanitary sewer cross
connections and the time frame within which the required work would have to be completed,
as laid out in the Bylaw. It was suggested that consideration should be
given to subsidizing the costs to homeowners by waiving the connection fee of
$2,400.
It was pointed out that the Bylaw applies to the whole
Municipality, and not just the test area in south
Responding to questions, the Municipal Administrator
advised that should second reading be given, possible changes to the bylaw that
would incorporate a waiver for the new connection fee as well as increase the
time frame for owners to remedy the cross connection could be brought forward
for consideration at the next meeting of Council, and the bylaw could be
amended as at second reading.
The question was then called.
CARRIED
There was consensus that possible changes to the bylaw
as noted previously should be brought forward by staff at the next meeting of
Council for consideration.
Bylaw No. 4334
MOVED by Councillor Carson
Seconded by Councillor Braithwaite, That
Bylaw No. 4334,
CARRIED
MOVED by Councillor Carson
Seconded by Councillor Braithwaite, That
Bylaw No. 4334, Maquinna Road Stopping Up, Closing and Removing of
Highway Dedication Bylaw, 2006, be read a second time.
CARRIED
MOVED by Councillor Carson
Seconded by Councillor Braithwaite, That
Bylaw No. 4334, Maquinna Road Stopping Up, Closing and Removing of
Highway Dedication Bylaw, 2006, be read a third time.
CARRIED
For First and Second Reading and Setting of
Public Hearing Date
MOVED by Councillor Cassidy
Seconded by Councillor Carson, That Bylaw
No. 4335, Seventieth Zoning Bylaw
Amendment Bylaw, 2006, be introduced and read a first time.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Copley, That Bylaw
No. 4335, Seventieth Zoning Bylaw
Amendment Bylaw, 2006, be read a second time.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Copley, That a
public hearing on Bylaw No. 4335 be held at the Oak Bay Municipal Hall, on
December 11, 2006 at 7:30 p.m. and that notice be given in accordance with the Local Government Act.
CARRIED
ADJOURNMENT:
MOVED by
Councillor Braithwaite
Seconded
by Councillor Copley, That the meeting of Council be adjourned.
CARRIED
The meeting adjourned at 9:20 p.m.
Certified
Correct:
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_______________________________ Municipal Clerk |
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