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 Director
of Building and Planning, N. Beattie Municipal
Engineer, S. G. Pitt Municipal
Treasurer, P. A. Walker |
Mayor Causton called the meeting to order at
MINUTES
OF MEETING:
Council –
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the minutes
of the meeting of Municipal Council held on
Filming on
Mayor Causton drew attention to the request with
respect to filming on
Library Operating
Agreement
The Mayor noted that some area Mayors have met
with respect to the proposed Library Operating Agreement and the consensus that
was reached was to propose to reduce the five year agreement to a three year
agreement. It is expected that the
agreement will be placed before Council in October for further consideration.
The question was then called.
CARRIED
Committee of the Whole –
MOVED by Councillor Jensen
Seconded by Councillor Herbert, That the minutes
of the meeting of Committee of the Whole, and the recommendations contained
therein, held on
CARRIED
COMMUNICATIONS:
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1. |
2005-239 -- 2005-213 |
MUNICIPAL TREASURER, Re Tax Cheques Returned by Banks EXCERPT FROM MINUTES OF MEETING OF MUNICIPAL
COUNCIL, MRS. EVELYN DOWMAN, Re Request for Waiver of 10% Penalty for Late
Payment of Taxes |
MOVED by Councillor Carson
Seconded by Councillor Cassidy, That the
following motion be lifted from the table:
That,
pursuant to Section 315.3 of the Local Government Act, an application be made
to the Minister of Community Services for the authority to waive the 10% tax
penalty for late payment of 2005 property taxes for
CARRIED
There was discussion with respect to whether or
not the request for a waiver of the penalty for late payment of property taxes
was supportable in the case at hand, and varying views and opinions were
noted.
There was agreement that the situation at hand
was a difficult one, and Council expressed its sympathies to the applicants for
the circumstances that led to the penalty being applied for late payment.
It was pointed out by some members of Council
that, for compassionate reasons, an application should be made to the Minister
of Community Services for authority to waive the penalty. Other members of Council felt that applying
to the Minister for permission to waive the taxes in this case would in turn
broaden the grounds for making such a request to a level that would make it
difficult to judge future cases.
The question on the main motion was then
called.
DEFEATED
(Mayor Causton, Councillors Macey-Brown
and Herbert
against the motion)
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2. |
2005-240 -- 2005-219 2005-219-1 |
MUNICIPAL ENGINEER, EXCERPT FROM MINUTES OF MEETING OF MUNICIPAL
COUNCIL, ANN AND IAN MACMILLAN, MUNICIPAL ADMINISTRATOR, Re |
It was noted that at the previous meeting of
Council, staff had been requested to provide information on whether or not the
potential sale of the portion of the
The Municipal Engineer noted that should the
requested portion be sold to the applicants, sufficient public land would
remain to provide access to the other properties across the right of way in the
future. This would, he said, be a costly
project given the amount of rock that would exist in the remaining portion of
the right of way.
Responding to questions from Council, the
Municipal Administrator noted that while the Municipality cannot be compelled
to open a closed road allowance at its expense, an option for access to a
property must remain available.
It was pointed out that the area proposed to be
sold contains utility poles, and the interests of utility companies would have
to be protected should the land be sold.
A member of Council acknowledged that the
MacMillans have indicated their willingness to consider entering into a
covenant to restrict building in the closed road right of way.
MOVED by Councillor Herbert
Seconded by Councillor Cassidy, That staff be
authorized to commission a survey and market value appraisal of the portion of
Maquinna Street right of way proposed to be purchased by the owners of 24
Maquinna Street, with all costs to be covered in advance by the prospective
purchaser, and subject to their agreement to the registration of a covenant to
restrict further building on the augmented lot to that which is currently
permitted, should Council wish to proceed with the sale.
It was further clarified that the covenant
Council is seeking would restrict building on the portion of land proposed to
be purchased and restrict the permitted floor area ratio to that which exists
now, prior to the addition of the land proposed to be purchased.
The question was then called.
CARRIED
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3. |
2005-241 -- 2005-220 2005-220-1 |
MUNICIPAL CLERK, EXCERPT FROM MINUTES OF MEETING OF MUNICIPAL
COUNCIL, MUNICIPAL ENGINEER, Re Proposed Purchase of Portion of Lane Right
of Way— |
There was discussion
regarding the proposed purchase of a portion of the unused lane right of way
adjacent to 1644 Monterey Avenue and whether or not the five other property
owners abutting the inaccessible public lane should be canvassed to determine
any interest in pursuing the potential purchase of portions of the lane.
MOVED by Councillor
Herbert
Seconded by Councillor
Macey-Brown, That the owners of 1625, 1631 and
Responding to questions
from Council, the Municipal Administrator noted that while there is no
statutory requirement for the lane right of way to remain, where owners have
purchased their property with a public lane adjacent to it, it would not be
advisable to sell the lane without their consent.
With respect to
questions regarding the need for a covenant to restrict building should
portions of the lane right of way be sold, Mr. Cochrane noted that when the
owners of the properties to the north of 1644
The question was then
called.
CARRIED
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4. |
2005-242 |
ROYAL Re Request for Approval of |
(Cathy Noel, General
Manager and Bob Reid, Technical Director, Royal Victoria Marathon Society, in
attendance for this item.)
Cathy Noel advised that
the marathon route was changed in 2004 with good success, and that no further
changes were planned for 2005.
MOVED by Councillor
Jensen
Seconded by Councillor
Cassidy, That permission be granted for the closing of streets in
1. the event organizers indemnifying the
Municipality from any liability in connection with the staging of the event,
2. approval of a traffic management and
marshalling plan by the Oak Bay Police Department,
3. sufficient advance notice being given
to all property owners along the proposed route.
Responding to questions
from Council, Ms. Noel indicated that the traffic marshals and the police will
ensure the traffic is able to get through in an emergency. She further confirmed that notice would be
given to all residences along the
Bob Reid expressed his
appreciation for the support of
The question was then
called.
CARRIED
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5. |
2005-243 |
Re Request for Approval of |
(Marty Pearce, Race
Director, Oak Bay Half Marathon and Relay, in attendance for this item).
Marty Pearce provided
Municipal Council with a plaque of appreciation for its support of the first
annual Oak Bay Half Marathon and Relay in May 2005.
Mr. Pearce indicated
that the first race was very successful, and various recommendations from staff
and police have been incorporated into next year’s race plan to improve the
event further.
The 2006 race, said Mr.
Pearce, is anticipated to serve as the National Half Marathon Championships for
Athletics Canada, as well as a Centennial event for the Municipality.
Regarding the charity
that will benefit from the race in 2006, Mr. Pearce indicated that the Help Fill
a Dream Foundation has been chosen for this purpose.
MOVED by Councillor
Jensen
Seconded by Councillor
Macey-Brown, That permission be granted for the closing of streets in
1. the event organizers indemnifying the
Municipality from any liability in connection with the staging of the event,
2. approval of a traffic management and
marshalling plan by the Oak Bay Police Department,
3. sufficient advance notice being given
to all property owners along the proposed route.
CARRIED
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6. |
2005-244 |
Re Conflict of Interest Rules for Volunteers |
Attention was drawn to
the existing Council policy with respect to the eligibility of volunteer
committee members to bid on municipal contracts, and the request from the
Heritage Foundation to make changes to that policy to make it less strict.
Responding to questions
from Council, the Municipal Administrator noted that the policy for volunteers
is separate from that for employees. He
further advised that, should Council wish to relax the policy, staff can supply
suggestions in this regard.
MOVED by Councillor
Carson
Seconded by Councillor
Herbert, That staff be directed to prepare a report and provide recommendations
to Council with respect to relaxing the policy on entering into contracts with
volunteer board and committee members.
There was discussion regarding
options put forward by the Heritage Foundation with respect to relaxing the
current policy, and the Administrator pointed out that a policy would need to
contain a prohibition on entering into contracts where there is a direct
relation between the contract and the volunteer position.
Patricia Wilson, Oak Bay
Heritage Foundation, noted that while the Foundation has put forward some
suggestions for changes to the policy, they are not exhaustive and encouraged
Council to consider other options as well.
There was agreement that
the policy should be reviewed.
The question was then
called.
CARRIED
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7. |
2005-245 |
SCOUTS Re Request for Permission to Hold Scouts |
MOVED by Councillor Herbert
Seconded by Councillor
Cassidy, That permission be granted for the Greater Victoria branch of Scouts
Canada to hold a Scouts Apple Day fund raising event on public streets in
CARRIED
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8. |
2005-246 |
Re Request for Permission to Hold Tag Days
(September 13 and 15, 2005) |
MOVED by Councillor
Herbert
Seconded by Councillor Cassidy,
That permission be given to the Oak Bay Volunteer Services Society to hold tag
days in public places in
CARRIED
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9. |
2005-247 |
DEPUTY TREASURER, Re Office Supplies Tender Award Recommendation |
MOVED by Councillor
Macey-Brown
Seconded by Councillor
Herbert, That Grand & Toy be awarded the Office Supplies Tender
(OBMH01-2005) to
Councillor Cassidy
indicated that he would be unable to participate in the discussion or vote on
the matter inasmuch as the proponent is a client of his business. Councillor Cassidy left the meeting at
The Municipal Treasurer
responded to questions from Council with respect to the ratings scale used in
evaluating the tenders.
The question was then
called.
CARRIED
Councillor Cassidy returned to the meeting at
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10. |
2005-248 2005-248-1 2005-248-2 |
PETER D. SKELTON, (undated) COLIN CHADWICK, (undated) CHARLINE AND MARK HOOPER, Re |
MOVED by Councillor Herbert,
Seconded by Councillor Macey-Brown, That
correspondence items 2005-248, 2005-248-1 and 2005-248-2 be received.
CARRIED
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11. |
2005-249 |
Re Amendment to Request for Street Closures
for Tour de Rock Event |
(Geoff Beatty,
President, Oak Bay Business Improvement Association, in attendance for this
item).
MOVED by Councillor
Herbert
Seconded by Councillor
Macey-Brown, That the requested route changes to the Bicycle Race for the Tour
de Rock event to be held September 17, 2005 and the request for the Canadian
Cancer Society to sell Tour de Rock merchandise at that time with all proceeds
being donated to cancer research, as laid out in the letter from the
Association, be approved.
CARRIED
NEW BUSINESS:
Regional Transit Commission – Plan for Action
Noting that the Chair of
the Victoria Regional Transit Commission encourages support of the above noted
Plan for Action, Councillor Jensen indicated that he wished to see the Plan
placed on the next regular Council agenda for consideration.
TABLED:
Development Variance
Permit –
MOVED by Councillor Cassidy
Seconded by Councillor
Herbert, That the resolution with respect to a development variance permit for
CARRIED
There was consensus that
the variance application was supportable in that the requested variance to
increase the allowed paved surface would not result in an increased parking
area.
The question was then
called.
CARRIED
MOTIONS / RESOLUTIONS:
Development Permit with
Variances –
MOVED by Councillor Cassidy
Seconded by Councillor
Herbert, 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 m” |
in accordance with
the plans attached to the resolution considered by Council on
MOVED by
Councillor Cassidy
Seconded by
Councillor Herbert, That the resolution in respect to the Development Permit
with variances for 2067 Cadboro Bay Road be tabled to enable notice to be given
in accordance with the Local Government
Act.
CARRIED
Cancellation of Council
Meeting of
MOVED by Councillor Jensen
Seconded by Councillor Macey-Brown, That the
regular meeting of Council scheduled for
CARRIED
BYLAWS:
For
Final Adoption
MOVED by Councillor Herbert
Seconded by Councillor
Macey-Brown, That Bylaw No. 4275, Guide
Hall Licence Authorization Bylaw, 2005,
be finally adopted.
CARRIED
For
Introduction, First and Second
Councillor Carson
indicated he would be unable to participate in discussion or vote on the matter
inasmuch as his law firm represents the applicants and he is a member of the
Uplands Golf Club. He left the meeting
at
MOVED by Councillor Herbert
Seconded by Councillor
Cassidy, That Bylaw No. 4290, Oak Bay
Official Community Plan Bylaw Amendment Bylaw No. 1, 2005, be introduced and
read a first time.
CARRIED
MOVED by Councillor
Herbert
Seconded by Councillor
Cassidy, That Bylaw No. 4290, Oak Bay
Official Community Plan Bylaw Amendment Bylaw No. 1, 2005, having been
examined in conjunction with the Five Year Financial Plan, be read a second
time.
CARRIED
MOVED by Councillor
Cassidy
Seconded by Councillor
Herbert, That Bylaw No. 4291, Sixty-Fifth
Zoning Bylaw Amendment Bylaw, 2005, be introduced and read a first time.
CARRIED
MOVED by Councillor
Cassidy
Seconded by Councillor Herbert,
That Bylaw No. 4291, Sixty-Fifth Zoning
Bylaw Amendment Bylaw, 2005, be read a second time.
CARRIED
MOVED by Councillor
Cassidy
Seconded by Councillor
Herbert, That a public hearing on Bylaws No. 4290 and 4291 be held at the Oak
Bay Municipal Hall on
CARRIED
For Introduction and
First, Second and Third
MOVED by Councillor
Herbert
Seconded by Councillor
Jensen, That Bylaw No. 4292, Animal
Control Bylaw Amendment Bylaw, 2005, be introduced and read a first time.
CARRIED
MOVED by Councillor
Herbert
Seconded by Councillor
Jensen, That Bylaw No. 4292, Animal
Control Bylaw Amendment Bylaw, 2005, be read a second time.
CARRIED
MOVED by Councillor
Herbert
Seconded by Councillor
Jensen, That Bylaw No. 4292, Animal
Control Bylaw Amendment Bylaw, 2005, be read a third time.
CARRIED
Councillor Carson
returned to the meeting at
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 for a
municipal award or honour; and
2.
labour
relations and employee negotiations.
CARRIED
The meeting
adjourned at
Certified Correct
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Municipal Clerk |
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Mayor |