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, 2167 Oak Bay Avenue, Oak Bay, B.C., on Monday, September 25, 2006.

PRESENT:	Mayor C. M. Causton, Chairman Councillor H. Braithwaite Councillor S. F. B. Carson Councillor A. R. Cassidy Councillor J. D. Herbert Councillor N. B. Jensen
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. Marshall

Mayor Causton called the meeting to order at 7:30 p.m. 

MINUTES OF MEETING:

Council – September 11, 2006

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the minutes of the Council meeting held on Monday September 11, 2006, be adopted.

Development Variance Permit - 3045 Uplands Road

In response to a question from Mayor Causton, Council members confirmed that it was the garage that was their main concern with respect to the building plans for 3045 Uplands Road.

The question was then called.

CARRIED

Special Council – September 13 & 14, 2006

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the minutes of the Special Council meeting held on Wednesday, September 13 and Thursday, September 14, 2006, be adopted.

Underground Wires

In response to a suggestion from a Council member that talks continue with Bison Properties Ltd. regarding the possible installation of underground wiring in front of the Oak Bay Beach Hotel, Mayor Causton noted that no discussions could occur on this subject with the applicants until after the Bylaws have been finally voted on.

The question was then called.

CARRIED

Committee of the Whole – September 18, 2006

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the minutes of the Committee of the Whole meeting held on Monday, September 18, 2006, and the recommendations contained therein, be adopted.

CARRIED

PRESENTATION:

- -	MARION CUMMING Re Presentation of Art Work

Mayor Causton thanked Ms. Cumming for the beautiful watercolour painting of the Christmas truck parade winding its way along McNeill Bay that she donated to the Municipality. He said that the painting, fittingly with an Oak frame, will be hung proudly at the Municipal Hall for all to enjoy.

Mayor Causton took this opportunity to also thank Ms. Cumming for her tireless support of the Oak Bay community.

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That the order of the agenda be varied to bring forward correspondence items no. 2006-341 to 2006-341-10, and tabled item Development Variance Permit – Municipal Hall Parking Lot for discussion at this time.

CARRIED

COMMUNICATIONS:

7.

2006-341 2006-341-1 2006-341-2 2006-341-3 2006-341-4 2006-341-5 2006-341-6 2006-341-7 2006-341-8 2006-341-9 2006-341-10

GEOFFREY MASON, September 22, 2006 B. HOLST ET AL, September 21, 2006 ROSEMARY HOSGOOD, September 20, 2006 H. F. LONGRIDGE, September 20, 2006 SHIRLEY COOPER-MASON, September 19, 206 ARLENE R. P. DAVEY, September 19, 2006 DIANA AND MICHAEL BUTLER, September 18, 2006 RALPH ULLMAN, [undated] TOM SCANLAN, [undated] FRANK AINSWORTH AND BOB CARTER, September 22, 2006 SARFARAZ AHMED, September 23, 2006 Re Development Variance Permit Application—Municipal Hall Parking Lot

MOVED by Councillor Carson

Seconded by Councillor Herbert, That correspondence items no. 2006-341 to 2006-341-10 be received.

CARRIED

Development Variance Permit – Municipal Hall Parking Lot

MOVED by Councillor Carson

Seconded by Councillor Herbert, That the following motion be lifted from the table:

That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot W, Sections 23 and 69, Victoria District, Plan 673 (Municipal Hall parking lot) that will vary the Parking Facilities Bylaw to permit parking stalls with dimensions as laid out in the plan attached to the memorandum from the Director of Engineering Services dated August 10, 2006 (Correspondence Item No. 2006-229), and as considered by Committee of the Whole on August 14, 2006.

CARRIED

It was noted that during the 2005 inaugural speech, Mayor Causton said he would be asking Councillor Herbert, along with staff, to look at parking issues in the Village area. Councillor Herbert noted that he put forward the proposal to reconfigure the Municipal Hall parking lot to increase parking stalls, and to add motorcycle parking and bicycle spaces. However, due to public opposition to the proposal, Councillor Herbert requested that it not be proceeded with.

Members of Council expressed their agreement with not going ahead with the reconfiguration as proposed.

The question on the main motion was then called.

DEFEATED UNANIMOUSLY

It was noted that some portions of the planned work not requiring variances, such as realigning and repainting the handicapped parking stalls, and the associated curb drop work would still be carried out.

1.

2006-335

ABSTRACT DEVELOPMENTS INC., September 13, 2006 Re 925 Foul Bay Road – Naming of New Strata Roadway

Mayor Causton noted that the developers of 925 Foul Bay Road have requested that the new strata roadway created by the property’s subdivision be named Edgecliffe Place. The original home at 925 Foul Bay Road was named Edgecliffe in 1910 by its owner Alexis F. R. Martin and this house, which still exists, will be protected in a manner equivalent to heritage designation. Therefore, he said the proposed name seems quite fitting.

The Municipal Administrator noted that although the Municipality cannot unilaterally assign names to private roads it does have the authority to assign the civic address, i.e. Foul Bay Road. However, he said, if a different name is to be used officially, and both the developer and the Municipality agree to a name, the Municipality could incorporate it into its address system and notify the usual agencies. Given that there are already a few greater Victoria street names with the prefix Edge-, those agencies would need to be satisfied that no confusion would be created with the proposed name.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That approval in principle be given to the name Edgecliffe Place for the new private strata roadway created through the subdivision of 925 Foul Bay Road, subject to approval of the name by Canada Post and the 9-1-1 authority.

CARRIED

2.

2006-336

OAK BAY HIGH SCHOOL, September 12, 2006 Re Request to Occupy Carnarvon Park Concession

Sandra Walton, Oak Bay High School, spoke to her letter requesting permission for the Oak Bay High School Fine Arts Department to run the Carnarvon Park Concession for various sporting events during baseball’s off-season as a means to fund raise for the school’s Fine Arts Program. This would be an excellent opportunity for the students to learn workplace skills on a volunteer basis, said Ms. Walton.

Esmond Shong, Director of Scheduling, Carnarvon Baseball Association, commented on the challenge the Carnarvon Baseball Association has had in finding someone to run the concession during the baseball season. Mr. Shong said that the Association is in full support of permitting the Oak Bay High School to use the facility for fund raising for the soccer and rugby season that generally runs from September to March. The Baseball Association, he said, is requesting an amendment to its Licence of Occupation to permit Oak Bay High school to run the concession outside of baseball season.

It was noted that the current agreement granting the Carnarvon Baseball Association permission to occupy the Carnarvon Park Concession building specifies that the premises are to be used only for purposes incidental to the playing of youth baseball and that the permission granted to the Association cannot be transferred, therefore an amendment to the agreement to permit Oak Bay High School to run the concession during other sporting events, as the Association has requested, would be necessary.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That a Bylaw be drafted to authorize a revised Licence of Occupation for the concession building at Carnarvon Park to permit Oak Bay High School to run the concession outside of the baseball season.

CARRIED

3.

2006-337

ROGER AND THERESA TALLENTIRE et al, September 20, 2006 Re Proposed Underground Wiring Adjacent to the Chinese Cemetery, Harling Point

Roger Tallentire, 2032 Penzance Road, was in attendance regarding his request for Council to consider placing underground wiring adjacent to the Chinese Cemetery at Harling Point. Mr. Tallentire said he canvassed his neighbours to confirm the level of interest, with nine out of 12 being interested depending on the cost, one opposed and no response yet from three of the neighbours.

Mr. Tallentire noted that when he contacted the British Columbia Provincial Archaeologist he was informed that there were no recorded burial sites on Penzance Road.

Mr. Tallentire indicated that last year there were two power outages which were likely due to corrosion from the exposure of the hydro lines to saltwater, highlighting the need for underground wiring.

In response to a question from Mayor Causton, Mr. Tallentire confirmed that he had spoken with the Municipal Engineering Department regarding this subject, and understood that there are two underground wiring projects in the queue for Oak Bay.

In response to a question, the Municipal Administrator said the next step would be to refer the proposed underground wiring adjacent to the Chinese Cemetery at Harling Point to the Engineering Department to development an estimate when the Department’s work priorities allow it.

Mr. Cochrane confirmed that there are two similar projects before the Engineering Department at this time and that the Department is finalizing the estimate for the Esplanade project. The next step for the project would be to draft a Loan Authorization Bylaw which would be followed by a counter petition process. To give Mr. Tallentire an idea of the time frame, said Mr. Cochrane, it has taken approximately two years to get to this point for the Esplanade underground wiring project.

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That this item be referred to the Engineering Department for a cost estimate as work priorities allow.

In response to questions from Council, Mr. Cochrane noted that a BC Hydro grant, if received, only covers 1/3 of BC Hydro’s costs for an underground wiring project, although there are significant other costs involved.

The question was then called.

CARRIED

BC Hydro Underground Wiring Grant Program

Mayor Causton suggested that on behalf of the District of Oak Bay he write a letter to BC Hydro requesting that it increase its overall budget for the underground wiring grant program, which at this time is only $1,000,000 for all of British Columbia

It was also suggested that Council members bring up this subject with BC Hydro at the Union of British Columbia Municipalities convention in October.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Mayor Causton write to BC Hydro requesting it to consider increasing its annual underground wiring grant program budget.

CARRIED

In response to questions regarding the feasibility of mandating that future development projects include underground wiring as part of the off-site servicing for the development, the Municipal Administrator agreed to provide a report to Council at some point in the future in this regard.

4.

2006-338

DIRECTOR OF BUILDING AND PLANNING, September 19, 2006 Re Additional Member for Recognition of Renovation and Building Achievement Awards Panel

Mayor Causton noted that the Heritage Steering Committee has requested that an additional member be added to the Recognition of Renovation and Building Achievement Awards Panel, who is also a member of the Heritage Steering Committee, in order to bring additional expertise to the Panel regarding the element of heritage. In this regard, he said, Heritage Steering Committee member Chris Watts has agreed to serve in this capacity should Council support the Committee’s recommendation.

Responding to questions as a member of the Panel, Councillor Cassidy noted that he did not disagree with the recommendation of the Heritage Steering Committee, however, the awards are specifically non-heritage awards and therefore the heritage attributes of any of the proposed recipients may not be taken into account during the Panel’s deliberations.

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the terms of reference for the Recognition of Renovation and Building Achievement Awards Panel be amended to expand the membership to include a member of the Heritage Steering Committee.

CARRIED

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Mr. Christopher Watts, member of the Heritage Steering Committee, be appointed to the Recognition of Renovation and Building Achievement Awards Panel for the remainder of a two-year term, expiring December 31, 2007.

CARRIED

5.

2006-339 2006-339-1

ADVISORY DESIGN PANEL, August 12, 2006 MUNICIPAL ADMINISTRATOR, September 19, 2006 Re Advisory Design Panel, Presentations by Members

Mayor Causton explained that the Advisory Design Panel has requested that Council reconsider its terms of reference for the Advisory Design Panel to permit Panel members to participate in Panel meetings and present their own applications to the Panel for review.

In response to questions, the Municipal Administrator noted that although there is no statutory restriction to members of the Panel acting in a professional capacity on behalf of a client, such as there is with members of Council, should the situation be permitted, it could potentially create a perception of undue influence that would not be helpful to the Advisory Design Panel review process. Mr. Cochrane also explained that there is significant weight placed on the Advisory Design Panel recommendations, as was noted during the review of the Oak Bay Beach Hotel redevelopment application.

Members of Council agreed that there was no question as to the ability of the Panel members to professionally separate their roles as presenters and adjudicators; however, as noted by Mr. Cochrane, the perception created by members presenting their own applications is not desirable.

Council acknowledged the intense legal scrutiny that accompanies all aspects of municipal procedure, along with the prominence of Advisory Design Panel recommendations in the decision making process at the Council level.

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That correspondence Item No. 2006-339 and 2006-339-1 be received.

CARRIED

6.

2006-340

MARGARET SPRINGER AND BRENDA L. PEARSON, September 16, 2006 Re Development Variance Permit Application—1547 Yale Street

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That correspondence item no. 2006-340 be received.

CARRIED

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Capital Regional District (CRD) ‘Water in the City’ Conference

Councillor Jensen drew attention to the Water in the City conference he recently attended, commenting on the excellent presentations regarding water conservation and storm water management. Specifically, he noted an innovative “rain garden” approach to managing water, suggesting that it may be of value in dealing with storm water management issues in Oak Bay.

The Municipal Administrator noted the timeliness of this topic as he has asked the Director of Engineering Services to bring forward a progress report with respect to, in part, how the Municipality is working towards complying with the Provincial requirement to eliminate the combined sewer systems in the Uplands area.

Mr. Cochrane noted that Mr. Marshall is aware of some of the innovative ideas mentioned by Councillor Jensen, and although it is unclear what direction Oak Bay might take in meeting the requirements of the Province, many options will be explored.

Windsor Park Pavilion

Councillor Carson suggested that one of the pavilion colours previously chosen, the light blue, does not seem appropriate now that it has actually been painted on the building. He requested that Council reconsider its previous decision and allow a more appropriate colour to be painted over the light blue. He noted that staff and the project architect are scheduled to meet to determine an alternate colour scheme.

There was consensus that the Mayor be delegated the authority to approve a new, more muted colour to replace the blue through consultation with staff and the project architect.

Councillor Carson advised that the cost to repaint the one colour could be up to $5,000.00

MOVED by Councillor Carson

Seconded by Councillor Herbert, That approval be given to draw up to $5,000 from the general municipal contingency account to fund the cost of a change order with respect to repainting a section of the exterior of the Windsor Pavilion.

CARRIED

Boland’s Bakery

Mayor Causton mentioned that the Boland’s Bakery will have new owners as of January 2007, who will be keeping the business as a bakery with some expansion into other areas.

TABLED:

Development Variance Permit – 1547 Yale Street

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, 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 1547 Yale Street (Lot 50, Section 69, Victoria District, Plan 859), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the contextual setback of a principal building:

Bylaw Section	Required	Requested	Variance
6.5.4.(10) Front Lot Line Setback	Between 7.62 & 9.12 metres	12.5 metres	3.38 metres

to accommodate the construction of a new single-family dwelling, as shown on the plans appended to Committee of the Whole agenda item #2006-313, being a memorandum from the Director of Building and Planning dated August 29, 2006.

CARRIED

The question on the main motion was then called.

CARRIED

RESOLUTIONS:

Rescheduling of Council Meeting

The Union of British Columbia Municipalities (UBCM) 2006 Convention is scheduled for October 23 to 27, 2006, therefore it was suggested that the October 23 Council meeting be postponed to October 30^th.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the regular meeting of Council scheduled for Monday, October 23, 2006 be cancelled and re-scheduled for Monday, October 30, 2006.

CARRIED

Development Variance Permit – 2544 Nottingham Road

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to that part of Lot 10, Block 19, Section 31, Victoria District, Plan 1216A lying to the south west of a straight boundary joining the points of bisection of the north westerly and south easterly boundaries of said lot (2544 Nottingham Road) that will vary the following sections of the Zoning Bylaw, 1986, as amended, to permit the construction of a new dwelling on the property in accordance with the plans considered by Committee of the Whole on September 18, 2006:

Bylaw Section	Required	Requested	Variance
6.2.4.(10). Front Lot Line Setback	Between 17.9 m and 20.9 m	35.7 m	14.8 m
4.6.5.(2). Maximum Projection into Interior Side Setback (Eaves)	450 mm	1200 mm	759 mm

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the resolution in respect to the Development Variance Permit for 2544 Nottingham Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

ADJOURNMENT:

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the meeting of Council be adjourned.

CARRIED

The meeting adjourned at 8:34 p.m.

Certified Correct:

_______________________________ Municipal Clerk

_______________________________ Mayor