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: |
Mayor
C. M. Causton, Chairman Councillor
H. Braithwaite 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 Director of Engineering Services, D. |
Mayor Causton called the
meeting to order at 7:30 p.m.
On behalf of Council, Mayor
Causton thanked the Oak Bay Business Improvement Association for organizing a
very successful Christmas Light-up on November 25th.
MINUTES OF MEETINGS:
Council – November 13, 2007
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That the minutes of the Council meeting held on Tuesday, November 13, 2007, be adopted.
Responding to a question that was raised at the last
Council meeting regarding the Greater Victoria Public Library provisional budget,
Councillor Copley noted that a letter had been received from the Library clarifying
Council’s concern that the
carry forward of the previous year’s surplus into revenue for the following
year is being phased out, which seems to be at variance with Section 5.9 of the
Library Operating Agreement, noting
that she will circulate the letter to members of Council for their information.
The question was then called.
CARRIED
Committee of the Whole – November 19, 2007
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite,
That the minutes of the Committee of the Whole meeting held on Monday, November
19, 2007, and the recommendations contained therein, be adopted.
CARRIED
COMMUNICATIONS:
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1. |
2007-316 |
MANAGER OF RECREATION PROGRAMS SERVICES, November 16, 2007 Re Regional Active Communities Initiative |
(Lorna Curtis, Manager of
Recreation Program Services in attendance for this item)
Ms. Curtis gave an update on the Greater
Victoria Active Communities Committee, saying that it is in the process of
launching Phase Two of the regional initiative focusing on the importance of
healthy eating and nutrition which includes a “Young Chef on the Run” program,
and various other free nutrition seminars throughout the region.
The Greater Victoria Active Communities
Committee submitted an Expression of Interest for funding from the Union of
British Columbia Municipalities (UBCM) Community Health Promotion Fund and has
received notification from the UBCM that its initiative has been approved in
principle, said Ms. Curtis, and the final proposal requires a resolution from
Council of the lead local government (Oak Bay) indicating its support and
commitment to the initiative.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That, as the lead
local government for the Greater Victoria Active Communities Committee project
proposal under the 2008 UBCM Community Health Promotion Fund, Oak Bay Municipal
Council is committed to supporting and participating in Phase II of the Highway
to Health Initiative.
CARRIED
Mayor Causton complimented Ms. Curtis on
the success of the program and thanked her for her dedication to the Highway to
Health Initiative.
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2. |
2007-317 |
CREATIVE PEACE MURAL SOCIETY, November 5, 2007 Re Request for Grant - Fundraising Event December 6, 2007 |
Councillor Copley declared a conflict
inasmuch as she is involved with the “sister city” of the Creative Peace Mural
Society, indicating that she would be unable to participate in discussion or
vote on the matter. Councillor Copley
left the meeting at 7:40 p.m.
The Municipal Treasurer, responding to a
question, advised that there is $1000 remaining in the unallocated grants
budget.
Members of Council noted that the event for
which the Society was seeking funding was to occur on December 6, 2007, and
that it would be preferred to have such a grant request submitted more in
advance of the event. It was further
noted that
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert, That the
grant request for sponsorship of the Creative Peace Mural Society be denied.
A suggestion was made that the Creative
Peace Mural Society could consider seeking funding through the Capital Regional
District Arts Committee.
The question was then called.
CARRIED
Councillor Copley returned to the meeting at 7:46 p.m.
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3. |
2007-318 |
CAPITAL REGIONAL DISTRICT, November 16, 2007 Re CRD Regional
Housing Trust Fund Service Establishment Bylaw Amendment – Request to Include
District of |
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That
consent be given to the adoption of Capital Regional District Bylaw No. 3470,
Capital Regional District Regional Housing Trust Fund Service Establishment
Bylaw Amendment Bylaw No. 1, 2005, Amendment Bylaw No. 4, 2006, in accordance
with Section 801.4 of the Local
Government Act.
Mayor Causton raised a concern that with the
District of Oak Bay being included as a participant in the Capital Regional
District Regional Housing Trust Fund Service, there may not be the ability to
have a say in directing funds for specific types of housing as was previously accomplished
when $25,000 was earmarked for the ‘hard to house’, as requested by Oak Bay in
relation to a grant it gave to the Fund.
There was further discussion regarding this
concern, and it was felt that the appointed representative at the regional board
level would have a say in the allocation of funds, along with the other
representatives of participating municipalities.
The question was then called.
CARRIED
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4. |
2007- 319 |
CAPITAL REGIONAL DISTRICT, November 16, 2007 Re CRD Arts and
Culture Support Service Establishment Amendment Bylaw – Request to Include
Town of |
MOVED by Councillor Jensen
Seconded by Councillor Copley, That consent
be given to the adoption of Capital Regional District Bylaw No. 3481, Arts and
Culture Support Service Establishment Bylaw No. 1, 2001, Amendment Bylaw No. 1,
2007, in accordance with Section 801.4 of the Local Government Act.
CARRIED
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5. |
2007-320 |
MUNICIPAL CLERK, November 23, 2007 Re Proposed Purchase of Automated Voting Machines |
The Municipal Clerk provided an overview of
her memorandum, noting that following the last local election, Council
requested that staff bring forward a report with respect to the potential use
of automated voting machines prior to the 2008 General Local Election for its
consideration.
Referring to her memorandum, Ms. Hilton
drew attention to the costs associated with purchasing voting machines, noting
that the estimated cost attributable to voting machines for the 2008 Election
would be $9,700, which would include the purchase of three machines, based on
two proposed voting places with one spare machine, and other associated
costs. Reductions to this would be seen
through the School District’s contribution in relation to
Discussion turned to the proposed number of
voting places and their locations, and Ms. Hilton responded to questions noting
that the cost to purchase an additional machine along with the additional
staffing costs for a third voting place would be approximately $2,700.
The view was expressed that more voting
places would encourage more electors to come out and vote, and there was
consensus that the three historical voting places, along with the Oak Bay Lodge
special voting opportunity, should continue to be used for the upcoming
election.
MOVED by Councillor Herbert
Seconded by Councillor Copley, That staff
be directed to draft, for Council’s consideration, an amendment to the Elections Bylaw to
implement electronic voting, and that authorization be given to purchase four
(4) used AccuVote-OS voting machines and the associated supplies from Premier
Election Solutions, as outlined in correspondence item 2007-320, using funding from the General Government
account.
CARRIED
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6. |
2007-321 |
OAK BAY GREEN COMMITTEE, November 22, 2007 Re Proposed Vehicle
Anti-Idling Bylaw |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
correspondence item no. 2007-321 be received.
CARRIED
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7. |
2007-322 |
CHRISTOPHER
AND JULIA CARRUTHERS, November 16, 2007 Re Development
Variance Permit – |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That correspondence
item no. 2007-322 be received.
CARRIED
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8. |
2007-269 |
LINDA AND ALAN THOMSON, October 7, 2007 Re Development
Variance Permit – 2032 Esplanade |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That correspondence
item no. 2007-269 be received.
CARRIED
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9. |
2007-323 |
LINDA AND ALAN THOMSON, November 25, 2007 Re Development
Variance Permit – 2032 Esplanade |
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite, That
correspondence item no. 2007-323 be received.
CARRIED
REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:
NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:
Councillor Braithwaite extended an
invitation to a presentation on Crystal Meth being hosted by the Oak Bay Child
and Youth Committee at the Oak Bay Municipal Hall, November 27th at
7:00 p.m.
Property Assessment Values
Referring to a newspaper article,
Councillor Jensen pointed out the discrepancy between listing prices for larger
properties and the actual assessed values.
Councillor Jensen noted his concern that perhaps the discrepancy is
resulting in an unfair shift of the tax burden onto more averaged priced
properties.
It was noted that the assessed values are determined
by the British Columbia Assessment Authority (BCAA), and it was felt that it would
be worthwhile to have the Assessment Authority attend a future Committee of the
Whole meeting once the Assessment Role has been completed, to answer any
questions Council may have regarding the relationship between assessed values
and fair market values.
TABLED:
Development Variance Permit – 2032 Esplanade
MOVED by Councillor Cassidy
Seconded by Councillor Copley, That the following
motion be lifted from the table:
That the Director of Building and Planning be
authorized to issue a Development Variance Permit with respect to 2032
Esplanade (Lot 5, Section 61, Victoria District, Plan 3833), varying the
following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, with respect to the height and siting of a
principal building:
|
Bylaw Section |
Required |
Requested |
Variance |
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6.5.4(3)(a) and Schedule “B” |
7.07 m |
7.54 m |
0.47 m |
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6.5.4(3)(b) and Schedule “B” Maximum
Occupiable Height |
4.42 m |
5.08 m |
0.66 m |
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6.5.4(3)(c) and
Schedule “B” Maximum Roof
Height |
8.84 m |
9.17 m |
0.33 m |
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6.5.4(2)(a) Minimum Front |
7.62 m |
5.79 m |
1.83 m |
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4.6.5(1) Maximum
Projection of Porch and Stairs Into Required
Front |
1.2 m |
4.57 m |
3.37 m |
to accommodate the construction of a new single family
dwelling on the lot, as shown on the sketches appended to Committee of the
Whole agenda item #2007-295, being a memorandum from the Director of Building
and Planning dated October 19, 2007.
CARRIED
Christian Gaujous, Castel Design, responded to questions, noting that the
homeowners have met with neighbours to discuss the proposed plans for the new
house and that the plans are sensitive with respect to their neighbours views
and light exposure.
With respect to the desire for nine foot
ceilings on the main floor, Mr. Gaujous said it is a standard practice in new
homes, and with the smaller size of this particular home, it offers an open feeling
in the space, and allows for exposed ceiling beams.
Alan Thompson, 2016 Esplanade, noted that the applicants were not
building as close to his property as they could, and said he would leave it to
Council to make the decision as to what is best for
There was discussion regarding the application, and it
was pointed out that due to the archaeological sensitivity of the site, the
owners were proposing to build in much of the same footprint as the original
dwelling.
The point was made that inasmuch as the applicants
were building on a bare lot, they should be able to remain within the
regulations and not require any variances.
However, it was also noted that the slope of the lot and the
archaeological issues in relation to it made the variances supportable.
The question on the main motion was then called.
CARRIED
(Councillor
Cassidy against the motion)
Development Variance Permit –
MOVED by Councillor Herbert
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 with respect to 520 Falkland Road (LOT A, SECTION 47,
VICTORIA DISTRICT, PLAN VIP56674), which would vary the requirements of Bylaw
No. 3531, Zoning Bylaw, 1986, as
follows:
|
Bylaw
Section |
Required |
Requested |
Variance |
|
6.5.4.(7)
Minimum Clear Space Between Buildings and Structures |
3.0 metres |
1.83 metres |
1.17 metres |
to accommodate the construction of a deck, as more
particularly shown on the sketches appended to Committee of the Whole agenda
item #2007-296, being a memorandum from the Director of Building and Planning
dated October 30, 2007.
CARRIED
The question on the main motion was then called.
CARRIED
RESOLUTIONS:
Authorization for Disposition of Property
By Way of a Statutory Right of Way –
The Municipal Administrator provided an overview of
the history regarding the small strip of municipal land adjacent to
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That
authorization be given for the disposition of property legally described as
That part of Section 46, Victoria District, shown as closed road on Plan
VIP82344 by way of granting a Statutory Right of Way to BC Hydro and Power
Authority and Telus Communications Inc. over the property in relation to the
existing overhead lines, substantially in the form attached to the resolution
printed for the purposes of the November 26, 2007 Council agenda.
MOVED by Councillor Cassidy
Seconded by Councillor Herbert,
That
the resolution in respect to the authorization to execute a statutory right of
way over the noted portion of closed road be tabled to enable notice to be
given with respect to the proposed disposition of property in accordance with
the Community Charter.
CARRIED
Creation of Vehicle Anti-Idling Bylaw –
Proposed by Councillor Jensen
Attention was drawn to the resolution
proposed by Councillor Jensen in support of drafting an anti-idling bylaw and,
upon its adoption, implementing an anti-idling education campaign.
Councillor Jensen acknowledged that while
he would anticipate that the Municipality’s Climate Change Task Force would be
recommending something similar, he felt that consideration should be given to
adopting an anti-idling bylaw now rather than waiting until the recommendations
come forward from the Task Force, feeling there was no reason to wait.
There was discussion regarding the proposed
resolution and the view was expressed that inasmuch as the Task Force was
established by Council, it may be premature to consider such a bylaw before
hearing from the Task Force with respect to its recommendations in relation to
reducing green house gas emissions.
Attention was drawn to the anti-idling
signs that that have been donated to the Municipality and erected in various
locations in
Following further discussion, it was the
majority view of Council that the proposed resolution should be referred to the
Climate Change Task Force for consideration in relation to any proposed
recommendations it may bring forward to Council in an effort to meet its
mandate.
MOVED by Councillor Herbert,
Seconded by Councillor Braithwaite, That
the resolution proposed by Councillor Jensen with respect to drafting of an
anti-idling bylaw and implementing an associated awareness campaign be referred
to the Regulatory Sub-Committee of the Climate Change Task Force for
consideration.
CARRIED
BYLAWS:
For Adoption
Bylaw No. 4388
MOVED by Councillor Herbert
Seconded by Councillor Copley, That Bylaw No. 4388,
MOVED by Councillor Jensen
Seconded by Councillor Copley, That the resolution to adopt
Bylaw No. 4388 be tabled.
DEFEATED
(Mayor Causton, Councillor
Braithwaite, Cassidy, and Herbert against the motion)
Following further discussion, it was the view of
Council that if Bylaw No. 4388 was to be adopted, this would not preclude
making an adjustment in response to any recommendation received from the
sub-committee in the future, should Council so desire.
The question on the main motion was then called.
CARRIED
For First and Second Reading and Setting of
a Public Hearing Date
Bylaw No. 4386
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That Bylaw No. 4386, Seventy-Sixth Zoning Bylaw Amendment Bylaw
No. 1, 2007, be introduced and read a first time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That Bylaw No. 4386, Seventy-Sixth Zoning Bylaw Amendment Bylaw
No. 1, 2007, be read a second time.
CARRIED
Bylaw No. 4390
MOVED by Councillor Copley
Seconded by Councillor Cassidy, That Bylaw No. 4390, Seventy-Seventh Zoning Bylaw Amendment
Bylaw, 2007, be introduced and read a first time.
CARRIED
MOVED by Councillor Copley
Seconded by Councillor Cassidy, That Bylaw No. 4390, Seventy-Seventh Zoning Bylaw Amendment
Bylaw, 2007, be read a second time.
CARRIED
For First, Second and Third Reading
Bylaw No. 4387
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That Bylaw No. 4387, Parking Facilities Bylaw Amendment Bylaw,
2007, introduced and read a first time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That Bylaw No. 4387, Parking Facilities Bylaw Amendment Bylaw,
2007, be read a second time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Braithwaite,
That Bylaw No. 4387, Parking Facilities Bylaw Amendment Bylaw,
2007, be read a third time.
CARRIED
Bylaw No. 4389
MOVED by Councillor Braithwaite
Seconded by Councillor Copley,
That Bylaw
No. 4389,
CARRIED
MOVED by Councillor Braithwaite
Seconded by Councillor Copley,
That Bylaw
No. 4389, Oak Bay Business Improvement
Area Bylaw Amendment Bylaw, 2007, be read a second time.
A member of Council
questioned whether the proposed process of amending the Business Improvement
Area Bylaw to, in essence, enable the Municipality to issue a tax receipt to
the CIBC for a grant in relation to the BIA’s (Business Improvement Association’s)
Christmas Light up Event was appropriate.
Responding to
questions, the Municipal Administrator noted that the proposed Bylaw would make
it possible for the Municipality to grant funds to the BIA other than those
collected through a local area service tax or general taxation. With respect to the specific donation from
the CIBC to flow through the Municipality to the BIA, he said, following the
adoption of the Bylaw, should that be achieved, a Council resolution granting
funds to the BIA would still be required.
The Bylaw itself, he clarified, is an enabling Bylaw for situations where
consideration of grants, other than those raised through taxation, would be
possible. He pointed out that the rather
complicated reasoning process itself makes the situation uncomfortable, and
should be given consideration.
Following further
discussion, although some concerns with having funds for the CIBC grant flow
through the Municipality were noted, it was the majority view of Council that
the proposed Bylaw is supportable in this specific instance to move towards the
BIA receiving needed funding for its Christmas events.
The question was
then called.
CARRIED
(Councillor Cassidy against
the motion)
MOVED by Councillor Braithwaite
Seconded by Councillor Herbert,
That Bylaw
No. 4389, Oak Bay Business Improvement
Area Bylaw Amendment Bylaw, 2007, be read a third time.
CARRIED
(Councillor Cassidy against
the motion)
MOVED by Councillor Jensen
Seconded by Councillor Copley, That a public hearing on Bylaws No. 4378,
4381, 4386 and 4390 be held at the Oak Bay Municipal Hall, on December 17, 2007
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 Cassidy, That the open portion
of the meeting of Council be adjourned and that a closed session be convened to
discuss 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.
CARRIED
The meeting adjourned at 9:42 p.m.
Certified Correct:
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_______________________________ Municipal Clerk |
|
_______________________________ Mayor |