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,
|
PRESENT: |
Mayor
C. M. Causton 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
Treasurer, P. A. Walker |
Mayor Causton called the
meeting to order at 7:35 p.m.
MINUTES OF MEETING:
Council
– September 12, 2005
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That the minutes of the meeting of Municipal Council held on Monday, September
12, 2005, be adopted.
CARRIED
Committee of the Whole – September 19, 2005
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That the minutes of the meeting of Committee of the Whole, and the
recommendations contained therein, held on Monday, September 19, 2005, be
adopted.
CARRIED
Special
Council – September 19, 2005
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That the minutes of the Special meeting of Municipal Council held on Monday, September
12, 2005, be adopted.
Mayor Causton noted that
since the September 19th Special Council meeting, the roof materials
for the Windsor Park Pavilion have been changed and new colours have been
proposed. He noted that an open house
with respect to the Windsor Park Pavilion would be held October 20, 2005 at
5:00 p.m., at the Windsor Park Pavilion.
CARRIED
Committee
of the Whole – October 3, 2005
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That the minutes of the meeting of Committee of the Whole, and the recommendations
contained therein, held on Monday, October 3, 2005, be adopted.
CARRIED
There was consensus to
vary the order of the agenda to consider the Bylaws that were the subject of
the Public Hearing held at 7:30 p.m.
BYAWS:
MOVED by
Councillor Herbert
Seconded by
Councillor Cassidy, That Bylaw No. 4290, Oak
Bay Official Community Plan Bylaw Amendment Bylaw No. 1, 2005, be read a
third time.
CARRIED
MOVED by
Councillor Herbert
Seconded by
Councillor Cassidy, That Bylaw No. 4291, Sixty-Fifth
Zoning Bylaw Amendment Bylaw, 2005, be read a third time.
CARRIED
COMMUNICATIONS:
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1. |
2005-263 2005-212 -- |
GREATER VICTORIA
PUBLIC LIBRARY, September 22, 2005 GREATER VICTORIA
PUBLIC LIBRARY, June 7, 2005 EXCERPT FROM MINUTES
OF COUNCIL MEETING, July 25, 2005 Re Library Operating
Agreement |
Councillor
Jensen noted that various Mayors in the region had met with respect to the
proposed Library Operating Agreement, and had recommended a three year versus a
five year term for the agreement. The GVPL Board, he said, has accepted that
recommendation.
Members of
Council noted that the proposed agreement retains the current rules for
adopting the library budget, and it was pointed out that there may be other
approval processes to be explored that would give more of a voice to the smaller
municipal members.
Councillor
Jensen indicated that should Council wish, he would relay its concerns to the
Public Library Board at its next meeting, and ask for the Board to consider
other budget approval options.
MOVED by Councillor
Macey-Brown
Seconded by Councillor Herbert,
That Councillor Jensen request that the Greater Victoria Public Library Board
explore other budget approval processes that would address Council’s concerns
with the current approval process, and provide a response to Council in this
regard.
CARRIED
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2. |
2005-264 |
KIWANIS CLUB OF OAK
BAY, September 10, 2005 Re Request for Grant
for Halloween Bonfire |
MOVED by Councillor Cassidy
Seconded by
Councillor Jensen, That Council approve a grant to the Kiwanis Club of
CARRIED
|
3. |
2005-265 |
VICTORIA REGIONAL
TRANSIT COMMISSION, August 24, 2005 Re Request for Support
of Victoria Regional Transit’s A Plan
for Action |
It was noted
that the Victoria Regional Transit Commission is seeking support for the
Commission’s plan for improved transit services throughout Greater Victoria.
Members of
Council expressed support for the plan, noting the need for increased capacity
on the
MOVED by Councillor Jensen
Seconded by
Councillor Herbert, That a letter in support of the Victoria Regional Transit
Commission’s Plan for Action, and in particular support for increased capacity
on the
CARRIED
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4. |
2005-266 |
VICTORIA CONFEDERATION
OF PARENT ADVISORY COUNCILS, September 27, 2005 Re Adult Crossing
Guard Program |
Marianne
Pilon, Victoria Confederation of Parent Advisory Councils, provided an
overview of her submission to Council with respect to a proposal to find a
regional solution to the ongoing issues relating to adult crossing guards in
the various municipalities, through the formation of a partnership between the
Capital Regional District, municipalities and participating school districts to
operate the Adult Crossing Guard Program.
Responding to
questions from members of Council regarding the response received from the
other municipalities and the CRD, Ms. Pilon indicated that so far, Victoria,
Esquimalt and View Royal have indicated their support for the formation of a
partnership and that Oak Bay Council is also being asked to indicate its
support in principle for joining a partnership and providing a representative
for discussions in this regard. Ms. Pilon further noted that the CRD would be
approached the following evening regarding the proposal.
With respect
to questions about the responsibilities of the various potential partners, Ms.
Pilon indicated that a Committee would be established to address those issues
once support has been received for the formation of a partnership.
It was noted
that while a coordinated effort for addressing the administration of a crossing
guard program was supportable, establishment of a CRD service might not be the
best way to accomplish this.
MOVED by Councillor Macey-Brown
Seconded by
Councillor Herbert, That support in principle be given for investigating the
formation of a partnership to administer the Adult Crossing Guard Program.
Although
support for further discussions regarding a potential partnership was
expressed, the question arose as to whether Council’s role should be as a
funding partner versus being involved in the actual administration of a
crossing guard program.
The question
was then called.
CARRIED
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5. |
2005-267 |
OAK BAY COMMUNITY
HERITAGE COMMISSION, September 20, 2005 Re Minutes of Meeting |
MOVED by Councillor Herbert
Seconded by Councillor Jensen,
That the minutes of the Community Heritage Commission meeting held September 8,
2005 be received.
CARRIED
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6. |
2005-268 |
VICTORIA CHINESE
SENIORS ASSOCIATION, August 25, 2005 Re Request for Grant |
Duke Chu,
Victoria Chinese Seniors Association, provided an overview
of the Association and its request for financial assistance and the provision
of office space.
Responding to
questions from Council, Mr. Chu indicated that the Association was a
MOVED by Councillor
Herbert
Seconded by
Councillor Macey-Brown, That this item be referred to Estimates Committee.
The
applicants were requested to provide a statement of revenues and expenses for
Council’s consideration prior to consideration of the request at Estimates
Committee.
The question
was then called.
CARRIED
|
7. |
2005-269 |
MUNICIPAL
ADMINISTRATOR, September 14, 2005 Re Contracts with
Volunteer Board and Commission Members |
The Municipal
Administrator noted that the draft policy amendment which relaxes the conflict
of interest rules for members of volunteer boards and committees arose out of a
suggestion to Council from the Chair of the Oak Bay Heritage Foundation.
The proposed conflict of
interest changes, noted Mr. Cochrane, require staff to make a subjective judgment
with respect to the presence or absence of a real or apprehended connection
between a proposed contract and a volunteer’s role in that regard. The staff decision, he said, would be subject
to reconsideration by Council.
It was the view of
Council that the changes put forward are appropriate for dealing with true
conflict of interest cases, while making it easier to maintain volunteers.
There was agreement to
include “partnership” in section 2 (e) of the proposed policy.
MOVED by Councillor Macey-Brown
Seconded by Councillor Herbert,
That the resolution on contracting with volunteer board and committee members
dated October 12, 1993, be rescinded, and that the following policy be adopted
to govern contracts and business dealings with such persons:
1. Except as specifically provided in this
policy, The Corporation of the District of Oak Bay (the "District")
shall not enter into any direct or indirect contractual relationship or
business dealing with a person serving as a member of a volunteer board,
commission, committee or society appointed by the Municipal Council and
functioning under the auspices of the District.
2. In this policy, a person shall be
deemed to have or be pursuing an indirect contractual relationship or business
dealing with the District if the contracting party is:
(a) a spouse, a son or a daughter living
with the person;
(b) a corporation of which the person
beneficially owns, directly or indirectly, more than 10% of the voting rights
attached to all outstanding voting securities of the corporation;
(c) a corporation of which an individual
referred to in (a) beneficially owns, directly or indirectly, more than 10% of
the voting rights attached to all outstanding voting securities of the
corporation; or
(e) a firm, proprietorship, partnership or
joint venture in which the person, or an individual referred to in (a) is a
partner or principal.
3. Despite the general prohibition set out
in Paragraph 1, the District may enter into a direct or indirect contractual
relationship or business dealing with a person serving as a member of a
volunteer board, commission, committee or society provided that in the
assessment of the Municipal Administrator (or, in his absence, the Municipal
Clerk) there is not, nor could there be reasonably apprehended, any connection
between the award of the contract or other business dealing and the service of
the person on the volunteer body, and in particular but without restricting
generality, that:
(a) the volunteer body had no involvement in
developing the proposal for the contract or other business dealing;
(b) no part of the work of the contract:
(i) falls
directly or indirectly under the auspices;
(ii) overlaps
with the mandate; or
(iii) is materially related to the work,
of the
volunteer body or any committee or subcommittee thereof; and
(c) no information or record not routinely
available to the general public gained in the course of the person’s service on
the volunteer body contributed to or would contribute to the ability of the
person or individual referred to in Paragraph 2(a) to obtain the contract or
other business dealing.
4. By itself, paragraph 3(b) shall not be
applied so as to preclude an individual referred to in Paragraph 2(a) from
providing recreation program services in the instructional or officiating
category on a contract basis, provided always that the person serving as a
member of the volunteer body declares the indirect interest and refrains from
participation in and attendance at any discussion, vote or other proceeding
whatsoever affecting that interest.
5. The District shall not enter into any
direct or indirect contractual relationship or business dealing with a person
who formerly served as a member of a volunteer board, commission, committee or
society appointed by the Municipal Council and functioning under the auspices
of the District where:
(a) the person as a member of the volunteer
body was involved in developing the proposal for the contract or other business
dealing; or
(b) information or records not routinely
available to the general public gained in the course of the person’s service on
the volunteer body contributed to the ability of the person or individual
referred to in Paragraph 2(a) to obtain the contract or other business dealing,
6. The restrictions set out in this policy
applicable to a member or former member of a volunteer body appointed by the
Municipal Council shall apply equally to a member or former member of a
subcommittee of such body whether or not appointed by the Municipal Council.
7. A person aggrieved by a decision of the
Municipal Administrator or the Municipal Clerk under Paragraph 3 may apply to
the Municipal Council for reconsideration by delivering a letter to the
Municipal Clerk setting out the grounds of appeal not more than five (5) days
following the date of notice of the decision.
CARRIED
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8. |
2005-270 2005-270-1 |
SYLVIA GREEN ET AL,
September 30, 2005 MUNICIPAL
ADMINISTRATOR, October 5, 2005 Re Tax Exemption
Application—Henderson Hall, 1632 Yale |
Mayor Causton
drew attention to the memorandum from the Municipal Administrator that laid out
the process for granting a tax exemption, noting that should Council wish to
pursue granting an exemption, the earliest it could take effect would be in
2007.
Responding to
questions from Council, Mr. Cochrane noted that at present, other than St.
Christopher’s
A member of
Council drew attention to the fact that there may be a number of
other properties which could make a similar application for tax exemption,
which should be taken into account in considering this request.
MOVED by Councillor Herbert
Seconded by Councillor Macey-Brown,
That this item be received.
CARRIED
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9. |
2205-271 |
GIRL GUIDES OF CANADA,
September 20, 2005 Re Request to Sell
Cookies on Oak Bay Avenue |
MOVED by Councillor Macey-Brown
Seconded by Councillor Cassidy,
That permission be given for the Girl Guides of Canada to sell cookies on
CARRIED
|
10. |
2005-272 |
MUNICIPAL TREASURER,
October 7, 2005 Re Olympic/Paralympic
Live Sites Grant Applications |
Mayor Causton
noted that at the recently held Union of British Columbia Municipalities
convention, local governments were encouraged to submit their applications for
funding under the Olympic/Paralympic Live Sites grants program.
The Mayor provided
a brief overview of the four applications proposed to be submitted under the
Lives Sites program as attached to the memorandum from the Municipal Treasurer.
The
applications, it was noted, are not in any priority order.
Harnam
Grewal, Oak Bay Lawn Bowling Club, responded to questions with respect to
the application to expand and renovate the Club House, noting that the Club
currently has $30,000 in reserves, and will raise the other $30,000 of the
Club’s portion of the cost. He further advised,
in response to questions, that the interest on borrowing is not included in the
costing information.
MOVED by Councillor Herbert
Seconded
by Councillor Cassidy, That a letter be sent to the Provincial Government indicating Council’s
approval in principle of the following grant applications under the
Olympic/Paralympic Live Sites Program:
1.
2.
3.
Upgrade to
4.
Expansion and renovation of the Oak Bay Lawn Bowling Clubhouse
It was noted
that municipal portion of the funding for the Lawn Bowling Club application was
proposed to be spread over three years, and staff were requested to prepare the
budget with the inclusion of 1/3 of the costs for the upcoming year.
CARRIED
NEW BUSINESS / REPORTS
FROM OTHER COMMITTEES:
Floor Area Ratio Review Committee
Councillor
Herbert queried the progress of the Floor Area Ratio Review Committee,
specifically the issue of overbuilding on a lot, which was referred to the
Committee for investigation in addition to the floor area ratio provisions of
the Zoning Bylaw.
The Director
of Building and Planning noted that the Committee continues to meet; however,
the issue of the size of a building on a lot has not been specifically addressed.
It was
pointed out by Mayor Causton that the Committee may not be in a position to
adequately explore the issue and make recommendations in this regard.
TABLED:
Development
Permit with Variances – 2067 Cadboro Bay 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 Permit in respect to Lot A, Section 28,
Victoria District, Plan 28772 (2067 Cadboro Bay Road) which will vary the regulations the following
Bylaws, as amended, as described below:
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Bylaw and Section |
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Sign Bylaw Section 6.(2) —to permit a free
standing sign to be erected and maintained on a parcel where the building on the site is located
less than 7.6 m from the front lot
line. |
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Required/ Permitted |
Re-quested |
Variance |
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Parking
Facilities Bylaw, 1986 Schedule A, Section A3 —Minimum
Number of Parking Spaces |
55 |
37 |
18 |
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Zoning
Bylaw, 1986 9.2.5(2)(b)(i) — 9.2.5(2)(b)(ii) —Maximum Occupiable
Height |
7.32 m 4.60 m |
9.14 m 5.15 m |
1.82 m 0.55 m7 |
in accordance with the plans attached to the
resolution considered by Council on September 12, 2005, and subject to the
execution of a Collateral Agreement between Devon Properties Ltd. and the
District of Oak Bay, to permit renovation and expansion of the building on the
property.
CARRIED
MOVED by
Councillor Cassidy
Seconded by
Councillor Herbert, That the motion in respect to the Development Permit for
CARRIED
The question
on the main motion, as amended, was then called.
CARRIED
Development
Permit with Variances –
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
Permit in respect to Amended Lot 6, Section 69, Victoria District, Plan 859
(2180 Oak Bay) which will vary Section 11(4) (maximum letter dimension) of the
Sign Bylaw, 1997, as amended, to permit a fascia sign with mounted aluminum
letters 813 mm in dimension, in accordance with the plans considered by
Committee of the Whole on September 19, 2005.
CARRIED
The question
on the main motion was then called.
CARRIED
BYLAWS: (continued)
MOVED by
Councillor Herbert
Seconded by
Councillor Jensen, That Bylaw No. 4292, Animal
Control Bylaw Amendment Bylaw, 2005, be finally adopted.
CARRIED
It was noted
that the Library Operating Agreement Authorization Bylaw would be considered
once Council’s concerns with respect to the library budget approval process had
been further discussed at the Greater Victoria Public Library Board’s next
regular meeting.
ADJOURNMENT:
MOVED by Councillor Jensen
Seconded by Councillor Cassidy,
That the open portion of the meeting of Council be adjourned and that a closed
session be convened to discuss:
1.
personal information about an identifiable
individual who is being considered 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, and
2.
labour relations and employee negotiations.
CARRIED
The
meeting adjourned at 9:12 p.m.
Certified Correct
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Municipal Clerk |
|
Mayor |