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 Councillor
S. F. B. Carson Councillor
A. R. Cassidy Councillor
J. D. Herbert Councillor
N. B. Jensen Councillor
C. Macey-Brown |
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STAFF: |
Municipal
Administrator, W. E. Cochrane Municipal
Clerk, L. Hilton Executive
Secretary, D. Beesley Director
of Building and Planning, N. Beattie Municipal
Engineer, S. G. Pitt Chief
Constable, B. Andersen |
Mayor Causton called the meeting to order at 7:30
p.m.
PRESENTATION: COMMUNITY ARTS COUNCIL
Re: Grant Presentations by Ms. Floelle Watson
Councillor Macey-Brown introduced the groups who
were to receive grants from the Community Arts Council, the first being the Oak
Bay Studio Artists and the second being the South Island International Folk
Dancers.
Bruce Clarke, President, Greater Victoria Arts
Council,
noted that the Community Arts Council represents the four core municipalities
which includes
Floelle Watson, Community Arts Council presented cheques in
the amount of $250 each to
MINUTES
OF MEETING:
Public Hearing – November
14, 2005
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That the minutes
of the meeting of the Public Hearing held on Monday, November 14, 2005, be
adopted.
CARRIED
Council – November 14, 2005
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That the minutes
of the Council meeting held on Monday, November 14, 2005, be adopted.
CARRIED
Special Council – November 21, 2005
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That the minutes
of the Special Council meeting held on Monday, November 21, 2005, be adopted.
CARRIED
Committee of the Whole – November 21, 2005
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That the report
of the meeting of Committee of the Whole, and the recommendations contained
therein, held on Monday, November 21, 2005, be adopted.
CARRIED
COMMUNICATIONS:
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1. |
2005-298 2005-298-1 |
GREATER VICTORIA PUBLIC LIBRARY, October 31,
2005 GREATER VICTORIA PUBLIC LIBRARY, October 31,
2005 Re 2006 Provisional Budget and Strategic Plan |
Mayor Causton noted that
the Chair of the Greater Victoria Public Library Board as well as Oak Bay
Library staff were in attendance to answer questions arising out of the Library’s
Provisional Budget and Strategic Plan. Mayor
Causton noted that the Library’s Provisional Budget has already been incorporated
into the 2006 provisional budget for the municipality.
Concerns were raised by
a member of Council regarding:
§
the
increase in the Library’s Budget relative to the cost of living;
§
the
increase to the Budget for new books;
§
the
absence of information in the Strategic Plan regarding how the Plan is to be
carried out financially, and
§
the
budget approval forumla.
Martha Anslow, District
of Oak Bay’s citizen representative to the Greater Victoria Public Library Board, responded to the
concerns regarding the increased costs for materials, explaining that the
increase is for books, audio visual equipment and other materials.
Glynn Jones, Controller/Treasurer,
Greater Victoria Public Library, advised that the newly created Tillicum Branch
was the main contributor to this increase.
Ms. Anslow noted that
Councillor Jensen had brought forward Oak Bay’s concerns to the Board with
regards to the voting process and advised that the Board hired KPMG to conduct
a governance review and that the budget approval process was not brought up as
a major consensus issue in that report.
However, said Ms. Anslow, the Library Board did discuss its budget
approval formula, but did not find a desirable alternative.
Responding to a question
from Council, Ms. Anslow stated that the Board did not investigate a range of percentages
to plug into the formula for Budget approval given that there was no majority
consensus that the formula was an issue.
When asked if the budget
approval formula contemplated by Capital Region Emergency Services
Telecommunications could be investigated, Ms. Anslow agreed that it could be
looked at by a standing committee of the Board.
Ms. Anslow provided an
overview of the purpose of the Strategic Plan, noting that it was not the
Board’s intention to have the Strategic Plan
supported by a financial plan. Under
the Board’s direction, said Ms. Anslow, a consultant was hired to work with the
Board to produce the Plan.
MOVED by Councillor
Jensen,
Seconded by Councillor
Herbert, That the Greater Victoria Public Library Provisional Budget and
Strategic Plan be received.
CARRIED
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2. |
2005-312 |
POLICE BOARD SECRETARY, November 16, 2005 Re 2006 Provisional Budget—Oak Bay Police
Board |
Mayor Causton welcomed
James Murtagh, who was in attendance, as the newest appointee to the Oak Bay
Police Board.
Addressing Chief
Constable Ben Andersen, a member of Council pointed out that many communities
are re-evaluating the use of police vehicles, and asked Chief Andersen if the
Oak Bay Police Department has investigated the possibility of reducing its
vehicle fleet, and considered alternatives such as using smaller, more fuel
efficient vehicles.
The Chief Constable advised
that as the older cars used for administration purposes retire out,
consideration will be given to their replacement with smaller, more efficient
vehicles.
MOVED by Councillor
Cassidy,
Seconded by Councillor
Macey-Brown, That the 2006 Police Board provisional budget be incorporated into
an amended five year financial plan for the Municipality and referred to Estimates
Committee.
CARRIED
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3. |
2005-313 |
CAPITAL REGION
EMERGENCY SERVICES TELECOMMUN-ICATIONS, October 26, 2005 Re Final Report, Independent Review of Operations—Request
for Evaluation and Recommendations |
Councillor Herbert,
Council’s liaison to CREST, explained the highest priority recommendations in
the Planetworks Review of Operations,
noting that the first recommendation is a requirement for agreement for a cost
allocation methodology incorporating the principles that user agencies are
directly responsible for the costs of their equipment, and that shared
infrastructure costs are allocated according to a weighted factor model.
He noted that Council is
being asked whether it agrees with the concepts in the Review of Operations, and to vote on the budget when it is
submitted at the next meeting of Council.
The Municipal
Administrator noted that the CREST budget would be based on the weighted factor
method as noted in the Independent Review
of Operations. The budget, said Mr.
Cochrane, would need 100% approval from its member municipalities if it were to
be accepted. Mr. Cochrane noted that the
CREST budget will be substantially increased to address some technical
difficulties with CREST’s emergency communications services, however, under the
weighted factor method,
There was discussion
regarding some dissatisfaction of CREST member municipalities on the technical
function of the communications system service. Chief Constable Andersen stated
that his Department has had virtually no problems with the service except for a
past problem communicating from the Chinese Cemetery in Oak Bay. In his view, said Chief Andersen, the CREST
communications system is very sound, and the option of remediation of any minor
system problems exists.
MOVED by Councillor
Herbert
Seconded by Councillor Macey-Brown,
That Council, in general, support the ten highest priority recommendations of
the Capital Region Emergency Services Telecommunications report entitled CREST Independent Review of Operations,
prepared by Planetworks Consulting.
CARRIED
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4. |
2005-314 |
CAPITAL REGIONAL
DISTRICT, November 10, 2005 Re Request for
Adoption of a Model Pesticide Use Control Bylaw |
Mayor Causton explained that the Model Pesticide
Use Control Bylaw was sent to the District of Oak Bay from the Capital Regional
District’s Roundtable on the Environment requesting that the District of Oak
Bay consider implementing the Bylaw.
There was discussion with respect to receiving
input from all the parties that would be affected by a pesticide use control
bylaw, and it was suggested that staff report to Committee of the Whole regarding
a proposed process for public consultation on such a bylaw in
Mayor Causton noted that the Capital Regional
District’s Medical Health Officer did not support the model Bylaw from a health
issue perspective.
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That staff
prepare a report for Committee of the Whole on a proposed consultation process
with respect to the Capital Regional District’s Model Pesticide Use Control
Bylaw.
The question was then called.
CARRIED
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5. |
2005-315 |
ASSOCIATION OF VANCOUVER ISLAND AND COASTAL
COMMUNITIES, November 14, 2005 Re Incorporation of the Association of
Vancouver Island and Coastal Communities |
MOVED by Councillor Carson,
Seconded by Councillor
Macey-Brown, That the Mayor and Municipal Clerk be authorized do all acts and
things necessary to execute the incorporation papers of the Association of
Vancouver Island and Coastal Communities.
CARRIED
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6. |
2005-316 2005-316-1 2005-316-2 2005-316-3 |
ZEBRA DESIGN & INTERIORS GROUP INC.,
November 19, 2005 KATHLEEN AND GEORGE CAIRD, November 23, 2005 MUNICIPAL ADMINISTRATOR, November 23, 2005 MARION CUMMING, November 24, 2005 Re 230 King George Terrace – Subdivision
Proposal |
Mayor Causton drew
attention to previous discussions regarding the Cairds’ property at 230 King
George Terrace, and it was noted that the owners have a building permit to construct
a new house on the property as well as a demolition permit to demolish the
existing house.
MOVED by Councillor
Herbert,
Seconded by Councillor
Carson, That the correspondence items 2005-316, 2005-316-1, 2005-316-2 and
2005-316-3 be received.
While some support was
noted for allowing Mr. and Mrs. Caird time to explore their options for retaining
the existing house while construction continues on their new house, it was the majority
view of Council that, inasmuch as this topic was considered in great depth
approximately ten months prior, and it is in the control of the owners as to
whether they choose to demolish their house, no new action should be taken.
The question was then
called.
CARRIED
(Councillor Jensen against the motion)
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7. |
2005-296 2005-317 |
MUNICIPAL CLERK,
November 7, 2005 BONNIE HELM-NORTHOVER,
November 23, 2005 Re Bylaw
Enforcement—Recommendation to File Contravention Notice Against Title— 2653
Dalhousie Street |
Councillor Herbert
declared a conflict of interest with respect to Item No. 2005-296 and 2005-317 in
that he lives behind the property at 2653 Dalhousie Street. Councillor Cassidy also declared a conflict
of interest for this Item as he has social relationship with the owner of 2653
Dalhousie Street. Councillor Herbert and
Councillor Cassidy left the meeting at 8:40 p.m.
Members of Council
acknowledged the exceptional circumstances related to the construction of the
new house, and it was suggested that inasmuch as the owner has stated that she
will complete all the required work in the very near future, consideration
should be given to deferring the placement of a notice on the title with
respect to the bylaw contraventions.
The Director of Building
and Planning explained that although there has been some progress since the
Building Department was first made aware of the Zoning Bylaw contraventions at
this property, the outstanding bylaw contraventions pose a liability risk for
the Municipality, noting that filing a contravention notice would reduce this
liability.
The Municipal
Administrator stated that once the dwelling is in compliance with the Zoning
Bylaw to the satisfaction of the Director of Building and Planning, the notice
on the title may be removed.
MOVED by Councillor Jensen,
Seconded by Councillor
Macey-Brown, That the Municipal Clerk be authorized to file a Bylaw
Contravention Notice in the Victoria Land Title Office stating that a
resolution has been adopted pursuant to Section 57 of the Community Charter by Oak Bay Municipal Council, relating to land
legally described as Lot 86, Section 61, Victoria District, Plan 874, and that
further information respecting the resolution may be inspected at the office of
the Municipal Clerk at 2167 Oak Bay Avenue, Victoria, BC V8R 1G2, from 8:30 a.m. to 4:30 p.m., Monday
to Friday, excluding holidays.
CARRIED
Councillor Herbert and
Councillor Cassidy returned to the meeting at 8:45 p.m.
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8. |
2005-318 |
CHIEF ELECTION OFFICER,
November 21, 2005 Re 2005 General
Municipal Election |
Mayor Causton
congratulated Ms. Copley and Ms. Braithwaite on their election to Oak Bay Municipal
Council.
Mayor Causton requested
that the Municipal Clerk produce a report with respect to the potential use of
voting machines for the next municipal election.
Responding to questions
from Council, the Municipal Clerk noted that there were some challenges on
voting day with the
MOVED by Councillor Macey-Brown
Seconded by Councillor Jensen,
That Item No. 2005-318 be received.
CARRIED
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9. |
2005-319 |
MUNICIPAL CLERK,
November 24, 2005 Re Lane Right of Way
Adjacent to 1625-1639 Hampshire Road and 1632-1644 Monterey
Avenue |
MOVED by Councillor Carson
Seconded by Councillor Cassidy,
That staff be authorized to commission a market value appraisal of the portion
of the unused lane right of way adjacent to 1625 – 1639 Hampshire Road and 1632
– 1644 Monterey Avenue, with all costs to be covered in advance by the
prospective purchasers.
Responding to a question
from Council, the Municipal Clerk said she was still waiting for the owners of
The question was then
called.
CARRIED
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10. |
2005-320 |
OAK BAY COMMUNITY
HERITAGE COMMISSION, November 10, 2005 Re Minutes of Meeting |
Councillor Macey-Brown
drew attention to the request from the Oak Bay Heritage Foundation to the Oak
Bay Heritage Commission for $400 towards the annual Christmas party at
Kildonan, $100 towards a gift for Desmond Thompson, and $200 towards producing
heritage brochures. Councillor Macey-Brown
noted that, in the past, the Commission and the Foundation have cost-shared on
such items.
MOVED by Councillor Macey-Brown
Seconded by Councillor Herbert,
That approval be given for the Community Heritage Commission to expend $700 of
its budget as follows:
CARRIED
MOVED by Councillor Macey-Brown
Seconded by Councillor Herbert, That Item No.
2005-320 be received.
CARRIED
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11. |
2005-321 |
MUNICIPAL
ADMINISTRATOR, November 28, 2005 Re Windsor Park
Pavilion Tenders—Budget Implications |
The Municipal
Administrator confirmed that the tenders for the reconstruction of the Windsor
Park Pavilion have been received. The
budget for the Windsor Park Pavilion, said Mr. Cochrane, is $1,985,638 and the
lowest tender received is in excess of the budget by approximately $264,000.
Mr. Cochrane stated that
the Director of Parks and Recreation has advised that some physical
modifications could be made to the plans for the Pavilion to bring the
construction costs down, however, it would not be possible to account for the
entire budget shortfall from these modifications.
Mr. Cochrane advised that
the remaining shortfall could be covered from funds remaining from completed
capital projects.
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That staff be authorized to enter into contracts representing non-construction
components of the Windsor Park Pavilion project.
CARRIED
MOTIONS/RESOLUTIONS:
Development Variance
Permit—2093 crescent road
MOVED by Councillor Cassidy
Seconded by Councillor Macey-Brown, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot H, Section 19, Victoria District, Plan 291C (2093 Crescent Road) which will vary the regulations of Bylaw No. 3531, Zoning Bylaw, 1986, as amended, to permit the siting of a paved surface which will cover 57% of the rear yard, in accordance with the plans attached to the memorandum from the Director of Building and Planning dated November 7, 2005.
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the resolution in respect to the Development Variance Permit for 2093 Crescent Road be tabled to enable notice to be given in accordance with the Local Government Act.
CARRIED
BYLAWS:
For
Final Adoption
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That Bylaw No. 4294, Streets and Traffic
Bylaw Amendment Bylaw No. 2, 2005, be adopted.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor
Cassidy, That Bylaw No. 4297, Mayor and
Councillors Annual Indemnity Bylaw, 2006, be adopted.
CARRIED
MOVED by Councillor Macey-Brown
Seconded by Councillor Jensen,
That Bylaw No. 4298, Heritage Committee
Structure Bylaw, 2005 be adopted.
CARRIED
MOVED by Councillor Cassidy
Seconded by Councillor Macey-Brown,
That Bylaw No. 4299, Oak Bay Lawn Bowling
Club Licence Authorization Bylaw be adopted.
CARRIED
For
First, Second and Third
MOVED by Councillor Jensen
Seconded by Councillor Carson, That Bylaw No.
4296, Greater Victoria Public Library
Operating Agreement Authorization Bylaw, 2005, be read a first time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Carson, That Bylaw No.
4296, Greater Victoria Public Library
Operating Agreement Authorization Bylaw, 2005, be read a second time.
CARRIED
MOVED by Councillor Jensen
Seconded by Councillor Carson, That Bylaw No.
4296, Greater Victoria Public Library
Operating Agreement Authorization Bylaw, 2005, be read a third time.
CARRIED
ADJOURNMENT:
MOVED by Councillor Jensen
Seconded by Councillor Macey-Brown, 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
Councillor Macey-Brown
expressed her thanks to staff and wished the best of luck to Pam Copley and
Hazel Braithwaite on their terms as Councillors.
The meeting
adjourned at 9:05 p.m.
Certified Correct
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Municipal Clerk |
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Mayor |