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 S. F. B. Carson 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, R. Thomassen Municipal Treasurer, P. A. Walker Director of Engineering Services, D. |
ADOPTION OF MINUTES:
Council – September 8, 2008
MOVED by Councillor
Herbert
Seconded by
Councillor Braithwaite, That the minutes of the Council meeting held on Monday,
September 8, 2008, be adopted.
CARRIED
Committee
of the Whole – September 15,
2008
MOVED by Councillor
Herbert
Seconded by
Councillor Copley, That the minutes of the Committee of the Whole meeting held
on Monday, September 15, 2008, and the recommendations contained therein, be
adopted.
CARRIED
COMMUNICATIONS:
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1. |
2008-237 |
ROBERTA AND DENNIS
MCCARTHY, July 28, 2008 Re Request to Undertake
Work on Trees Protected by Restrictive Covenant – |
MOVED by Councillor Jensen
Seconded
by Councillor Herbert, That pursuant to the restrictive covenant registered
against the property, approval be given to carry out the requested tree work,
as outlined in the memorandum from the Municipal Arborist, (attached to correspondence
item no. 2008-237), at 627 Island Road, subject to compliance with the Tree
Protection Bylaw.
CARRIED
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2. |
2008-238 |
PENINSULA RUNNERS
ATHLETIC SOCIETY, September 4, 2008 Re Request for |
Responding to a
question from a Council member with respect to any issues with the event
earlier this year, the Municipal Clerk noted that a complaint had been received
regarding inadequate notice to residents of the road closures and that the organizer
would be requested to notify all residents adjacent to the half marathon route if
approved.
Referring to the request
to close Hampshire Road between Theatre Lane and Oak Bay Avenue for the pre and
post race festivities, Michael Shewcuk, on behalf of Peninsula Runners
Athletic Society, advised that in order for the Society to reduce its costs, it
is requesting permission to occupy the property the night before the event, to
enable the tent to be setup then, as there is a significant cost associated
with having the tent delivered and set up early in the morning of the event.
It was felt that
while the closures for the half marathon route itself could be approved in
principle at this point, input from the Police Department regarding the
requested overnight closure of a portion of
MOVED by Councillor
Jensen
Seconded by
Councillor Braithwaite, That permission be granted for the temporary road
closures and occupancy of the same streets in Oak Bay used for the Half
Marathon in 2008 and detailed in correspondence item no. 2008-238 for the staging of the 2009 Oak Bay
Half Marathon on Sunday, May 24, 2009, with the exception of the overnight
occupancy of the portion of Hampshire Road between Oak Bay Avenue and Theatre
Lane, subject to the Event Organizer entering into a public property occupancy
agreement in which it will among other standard requirements:
1) release and indemnify
the Municipality from any claims or liability associated with the event and
providing evidence of public liability insurance in the amount of not less than
$3,000,000;
2) agree to pay all
invoices from the Municipality for costs incurred in connection with the event;
3) agree to obtain Oak Bay
Police approval for a traffic plan and implement the same subject to any field
instructions from the Police; and
4) deliver written notice
to all occupiers of property adjoining any roads to be closed for the event,
with the Municipal
Clerk being authorized to execute such agreement on behalf of the District; and
further, that the proposed
CARRIED
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3. |
2008- 239 |
Re Request for Approval
of Plans for 2008 |
Heather Leary,
Project Coordinator, Oak Bay Business Improvement Association (BIA), advised that the
BIA is requesting permission to hold the same events as last year with the
exception of the Fire Show. Ms. Leary
answered various questions from members of Council regarding the proposed
upcoming 2008 Christmas Festival.
MOVED by Councillor
Cassidy
Seconded by Councillor
Braithwaite, That the temporary road
closures, the occupancy of the closed roads and the front lawn of the Municipal
Hall, and the various events planned, including the sales of goods and services
pursuant to the requirements of the Streets and Traffic Bylaw in relation to
the Oak Bay Business Improvement Association Christmas Festival as laid out in
correspondence item no. 2008-239 be
approved, subject to the Event Organizer entering into a public property
occupancy agreement in which it will among other standard requirements:
1) release and indemnify the Municipality from any claims
or liability associated with the event and providing evidence of public
liability insurance in the amount of not less than $3,000,000;
2) agree to pay all invoices from the Municipality for
costs incurred in connection with the event; and
3) agree to obtain Oak Bay Police approval for a traffic
plan and implement the same subject to any field instructions from the Police,
with
the Municipal Clerk being authorized to execute such agreement on behalf of the
District of Oak Bay; and further, that approval be given for the payment of
staff overtime costs for the Business Improvement Association’s Christmas light
up event on Sunday, November 30, 2008.
CARRIED
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4. |
2008-240 |
K & S MADSEN et al, [Undated] Re |
Councillor Herbert
noted that the petition from residents resulted from their realization that foliage
would be removed to accommodate the enabling scented garden at its proposed
location in
Following
discussions the Community Initiatives Committee had with the Parks Department, said
Councillor Herbert, it was agreed that the north east corner of
MOVED
by Councillor Herbert
Seconded
by Councillor Copley, That correspondence item no. 2008-240 be received, and
the proposed new location for the
CARRIED
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5. |
2008-241 |
CAPITAL REGIONAL
DISTRICT, September 19, 2008 Re Capital Regional
District Traffic Safety Commission Establishment Bylaw No. 3558 |
MOVED by Councillor Herbert
Seconded by
Councillor Braithwaite, That consent be given to the adoption of the Capital
Regional District Bylaw No. 3558, Traffic Safety Commission Establishment Bylaw
No. 1, 1990, Amendment Bylaw No. 2, 2008, in accordance with Section 801.4 of
the Local Government Act.
CARRIED
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6. |
2008-242 |
POLICE BOARD SECRETARY,
September 17, 2008 Re Proposed Contract
with District of Saanich for Police Department Information Technology Support
Services |
MOVED by Councillor Jensen
Seconded
by Councillor Copley, That the Mayor and Municipal Clerk be authorized to execute
an agreement between the District of Oak Bay and the District of Saanich,
substantially as attached to the memorandum from the Oak Bay Police Board
Secretary dated September 17, 2008, to add Information Technology Support
Services to the package of services provided to the Oak Bay Police Department
by the District of Saanich pursuant to the agreement dated January 1, 2007.
CARRIED
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7. |
2008-243 |
Re Minutes of Meeting |
MOVED by Councillor Herbert
Seconded by Councillor
Braithwaite, That the minutes of the Oak Bay Heritage Committee meeting held on
June 12, 2008 be received.
CARRIED
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8. |
2008-244 |
OAK BAY GREEN
COMMITTEE, September 12, 2008 Re Tree Protection
Bylaw |
MOVED
by Councillor Jensen
Seconded
by Councillor Herbert, That correspondence item no. 2008-244 be received.
CARRIED
NEW
BUSINESS:
Councillor Cassidy expressed, as he has in the past,
his concern about the number of older homes that are not necessarily designated
as heritage, but represent the significant fabric of the municipality, being
slated for demolition or deconstruction.
Councillor Cassidy remarked that he would like to see a discussion at
the Committee of the Whole or Council level to, through permissive tax
exemptions, encourage restoration or renovation of older homes rather than
homeowners demolishing and rebuilding homes.
Councillor Cassidy suggested
the framework for a heritage property tax exemption could be the provision of a
ten year exemption to a maximum dollar amount of $30,000 over the ten
years. He further suggested that a trigger to lead to the possible
exemption could be where a building permit application for renovations valued
at 50% or more of the assessed value of a home is received, or where the
property has some sort of heritage status.
In order to limit public
financial exposure, said Councillor Cassidy, the number of properties receiving
a tax exemption in any one year could be limited.
There was further discussion on the topic, and it was
noted that input could be sought from the Heritage Committee and it was
suggested that Councillor Cassidy prepare a paper outlining his ideas to be explored
at the next Heritage Committee meeting to be held October 9, 2008, and that further
consideration of the Council policy aspects of his proposal could occur after that
time.
There was discussion by Council members as to the
appropriate course of action to take with respect to enforcement of the
no-parking regulations. It was suggested
that once the strip of land has been reinstated it might be appropriate for
staff to implement a physical barrier to parking on the south side of
MOVED
by Councillor Jensen
Seconded by Councillor Cassidy, That staff be directed
to restore the boulevard and implement any physical barriers felt to be
appropriate on the boulevard on the south side of
CARRIED
Councillor Copley commented that during the Union of
British Columbia Municipalities conference her attention was drawn to the
LiveSmart BC Green Cities Awards noting that the criteria requirements to
receive financial awards would have applied to many of the initiatives Oak Bay
has already embarked on in its quest to make the environment greener and
healthier, (i.e. trail systems, electric cars).
It was suggested by Councillor Copley that staff look into the series of
categories that this awards program offers and take advantage of the funding
available to local governments for any future green initiatives.
RESOLUTIONS:
Development
Variance Permit –
Councillor
Cassidy declared a conflict inasmuch as he has had a business relationship with
a member of the applicant’s family.
Councillor Cassidy left the meeting at 8:27 p.m.
MOVED by Councillor
Jensen
Seconded by Councillor Copley,
That the Director of Building and
Planning be authorized to issue a Development Variance Permit with respect to
2181 Haultain Street (Lots 1, 2, 3, Section 28, Victoria District, Plan 9860)
that will vary the following provisions of Bylaw No. 3540 (Parking Facilities Bylaw, 1986), with respect to the number of
required on-site parking spaces:
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Parking
Facilities Bylaw Section |
Required |
Requested |
Variance |
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4.3.1
and Schedule A. 2 Minimum No. of Parking
Spaces |
5 |
0 |
5 |
to
accommodate the creation of two additional residential rental suites within an
unused space in the existing building as shown on the plans attached to
Committee of the Whole agenda item #2008-235, being a memorandum from the
Director of Building and Planning dated September 10, 2008.
MOVED by Councillor
Jensen
Seconded by Councillor Copley,
That the motion in respect of the
development variance permit for
CARRIED
Councillor Cassidy returned to the meeting at 8:29
p.m.
BYLAWS:
MOVED by Councillor
Herbert
Seconded by
Councillor Jensen, That Bylaw No. 4430, Greater Victoria Public Library Operating
Agreement Authorization Bylaw, 2008, be adopted.
CARRIED
MOVED by Councillor
Herbert
Seconded by
Councillor Jensen, That Bylaw No. 4431, Streets and Traffic Bylaw Amendment Bylaw
No. 3, 2008, be adopted.
CARRIED
MOVED by Councillor
Herbert
Seconded by
Councillor Copley, That Bylaw No. 4432, Tree
Protection Bylaw Amendment Bylaw No. 2, 2008, be adopted.
CARRIED
MOVED by Councillor
Jensen
Seconded by
Councillor Cassidy, That Bylaw No. 4427, Oak
Bay Official Community Plan Bylaw Amendment Bylaw No. 1, 2008, be read a third
time.
CARRIED
MOVED by Councillor
Jensen
Seconded by
Councillor Herbert, That Bylaw No. 4427, Oak
Bay Official Community Plan Bylaw Amendment Bylaw No. 1, 2008, be adopted.
CARRIED
MOVED by Councillor
Jensen
Seconded by
Councillor Herbert, That Bylaw No. 4428, Eightieth
Zoning Bylaw Amendment Bylaw, 2008,
be
read a third time.
Councillor Carson
commented that in reviewing the correspondence with respect to allowing open
air produce markets in Oak Bay, he noted that, although he is not opposed to
the Bylaw, the public seemed to assume the produce being sold would be 100%
local, but in fact this is not the case as the municipality’s zoning authority
would not extend to specifying the origin of the produce proposed to be sold. He added that most of the produce grown in the
region is already consumed locally.
Councillor Carson
expressed his concern that allowing pocket markets on public property may be
creating a disadvantage for existing grocery retailers, who should not be
placed in situations where they were facing unfair competition from outdoor
market operators with significantly lower overhead costs.
Discussion arose
regarding the potential profit to be made from sales on public property and in
that regard, the Municipal Administrator noted that consideration would have to
be given to appropriate fees for the municipality to charge in cases where it
is the landowner, to make it clear that the municipality is not assisting a
business.
Members of Council reiterated
their views expressed at previous meetings regarding their support for amending
the Zoning Bylaw to allow outdoor produce markets.
The question was
then called.
CARRIED
MOVED by Councillor
Jensen
Seconded by
Councillor Herbert, That Bylaw No. 4428, Eightieth Zoning Bylaw Amendment Bylaw, 2008, be adopted.
CARRIED
MOVED by Councillor
Cassidy
Seconded by
Councillor Braithwaite, That Bylaw No.
4433, Property Tax Exemption Bylaw, 2008,
be introduced
and read a first time.
CARRIED
MOVED by Councillor
Cassidy
Seconded by
Councillor Braithwaite, That Bylaw No.
4433, Property Tax Exemption Bylaw, 2008, be read a second time.
The Municipal
Administrator, responding to a question from a member of Council, noted that
the Lawn Bowling Club has been considered tax exempt by BC Assessment for
decades and that this would be formalized by Bylaw 4433.
The question was
then called.
CARRIED
MOVED by Councillor
Cassidy
Seconded by
Councillor Braithwaite, That Bylaw
No. 4433, Property Tax Exemption Bylaw,
2008, be read a third time.
CARRIED
MOVED by Councillor
Braithwaite
Seconded by
Councillor Jensen, That Bylaw No. 4434, Rubbish and Weed Control Bylaw Amendment
Bylaw No. 1, 2008, be introduced and read a first time.
CARRIED
MOVED by Councillor
Braithwaite
Seconded by
Councillor Jensen, That Bylaw No. 4434, Rubbish and Weed Control Bylaw Amendment
Bylaw No. 1, 2008, be read a second
time.
CARRIED
MOVED by Councillor
Braithwaite
Seconded by
Councillor Jensen, That Bylaw No. 4434, Rubbish and Weed Control Bylaw Amendment
Bylaw No. 1, 2008, be read a third time.
CARRIED
MOVED by Councillor
Jensen
Seconded by
Councillor Cassidy, That Bylaw No. 4435, Ticket Information Utilization Bylaw
Amendment Bylaw No. 4, 2008, be introduced and read a first time.
CARRIED
MOVED by Councillor
Jensen
Seconded by
Councillor Cassidy, That Bylaw No. 4435, Ticket Information Utilization Bylaw
Amendment Bylaw No. 4, 2008, be read a second
time.
CARRIED
MOVED by Councillor
Jensen
Seconded by
Councillor Cassidy, That Bylaw No. 4435, Ticket Information Utilization Bylaw
Amendment Bylaw No. 4, 2008, be read a third time.
CARRIED
MOVED by Councillor
Cassidy
Seconded by
Councillor Jensen, That Bylaw No. 4437, Scout Hall Licence Authorization
Bylaw, 2008, be introduced and
read a first time.
CARRIED
MOVED by Councillor
Cassidy
Seconded by
Councillor Herbert, That Bylaw No. 4437, Scout Hall Licence Authorization
Bylaw, 2008, be read a second
time.
CARRIED
MOVED by Councillor
Cassidy
Seconded by
Councillor Herbert, That Bylaw No. 4437, Scout Hall Licence Authorization
Bylaw, 2008, be read a third
time.
CARRIED
MOVED by Councillor
Braithwaite
Seconded by
Councillor Copley, That Bylaw No. 4436, Eighty-First Zoning Bylaw Amendment Bylaw, 2008, be introduced and read a first time.
CARRIED
MOVED by Councillor
Braithwaite
Seconded by
Councillor Copley, That Bylaw No. 4436, Eighty-First Zoning Bylaw Amendment Bylaw, 2008, be read a second time.
CARRIED
MOVED by Councillor
Cassidy
Seconded by Councillor Braithwaite,
That a public hearing on Bylaw No. 4436
be held at the Oak Bay Municipal Hall,
CARRIED
ADJOURNMENT:
MOVED
by Councillor Braithwaite
Seconded
by Councillor Copley, That the open portion of the meeting of
CARRIED
The open portion of
the meeting adjourned at 8:50 p.m.
Certified Correct:
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_______________________________ Municipal Clerk |
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