MINUTES of a regular meeting of COMMITTEE OF THE WHOLE 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, January 21, 2008 at 7:30 p.m.

PRESENT:	Mayor C. M. Causton, Chairman Councillor H. Braithwaite (arrived at 7:55 p.m.) Councillor A. R. Cassidy Councillor P. Copley 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.

FINANCE SECTION: (Acting Chairman – Mayor Causton)

1.

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BC ASSESSMENT Re Property Assessments Presentation

(Rick McMahon, Deputy Assessor, Alan Stock, Senior Assessor and Mark Townsend, Residential Appraiser, BC Assessment, in attendance for this item)

Rick McMahon, Deputy Assessor, BC Assessment, noted that BC Assessment representatives had been invited by Council to provide assessment information inasmuch as there had been a perception that some assessments were low compared to asking prices for properties advertised for sale.

Mr. McMahon advised that assessed values are based on the historical selling prices versus asking prices, noting that a high asking price may not always be the sale price. He drew attention to two newspaper articles that compared asking prices to assessed values, pointing out that as far as he was aware, the properties had not sold at the asking price.

BC Assessment “fact sheets” were distributed to members of Council, and Mr. McMahon noted that they contain useful information with respect to how assessments are calculated and fit in with the taxation equation. He pointed out that a very large majority of Oak Bay property owners accept their assessments without appeal.

Alan Stock, Senior Assessor, BC Assessment, spoke to the quality of the assessment role, drawing attention to the various ways this is measured. He said that the quality of assessments throughout the region is very good, based upon the measurements used by BC Assessment, and Oak Bay in particular is very much on target in this regard.

Following the presentation, Mr. McMahon answered questions from the Committee with respect to various aspects of the assessment process, noting that there are many features of a property looked at, including sale price, which help determine its assessed value.

Mr. McMahon went on to answer questions regarding depreciation and the assessment of heritage properties, advising that there are many factors which determine value, such as the condition of the property and market factors.

Councillor Braithwaite entered the meeting at this time.

A member of the Committee expressed his concern that if some of the more valuable properties are under assessed, this would result in a tax shift to the rest of the taxpayers in the community, asking for any assurances that there are no appreciable gaps between market and assessed values.

In response, Mr. McMahon acknowledged that there are no guarantees, and that BC Assessment is not always alerted to all the facts with respect to new construction and renovations in order to make determinations with respect to the value of a property. He said that although there are other methods used for collecting the required data, the best way to ensure accuracy is to have the assessors out in person evaluating all properties. However, he said, the extent of resources required to do this are not available.

With respect to questions regarding properties maintaining farm status from year to year, Mr. McMahon confirmed that farm class properties are reviewed each year to ensure that they continue to meet the farm status qualifications.

The discussion turned to the Oak Bay Beach Hotel property, and Mr. McMahon noted that following an appeal the value of the entire property decreased from $11 million to $8 million for 2007. The assessed value of the hotel building itself decreased significantly once the hotel stopped operating, he said. Referring to the assessed value of the Oak Bay Beach Hotel, Mr. McMahon pointed out that the assessed value of condominiums is higher than for hotels.

Members of Council thanked Mr. McMahon, Mr. Stock and Mr. Townsend for their attendance and for the information they provided with respect to property assessments.

2.

2008-18

MUNICIPAL TREASURER, December 31, 2007 Re Monthly Financial Report

MOVED by Councillor Jensen

Seconded by Councillor Copley, That the December monthly financial reports be received.

CARRIED

RECREATION SECTION: (Acting Chairman – Mayor Causton)

3.

2008-19

OAK BAY PARKS AND RECREATION COMMISSION, January 9, 2008 Re Minutes of the Meeting

(Agnes Szilos, Director, Parks and Recreation, and Stephen Gorman, Chairman, Oak Bay Parks and Recreation Commission, in attendance for this item.)

Liability Insurance Coverage

Mr. Gorman noted that the policy proposed by the Parks and Recreation Commission would see smaller private rentals not requiring the provision of liability insurance, and larger sports organizations, community events and events licensed to serve liquor and which are open to the public requiring insurance. Responding to a question from a member of the Committee asking if facility/field renters could purchase liability insurance through the District of Oak Bay, Mr. Gorman noted that this has been discussed and it was determined by the Commission that it would be an administrative burden, expensive and a potential liability issue, and it did not wish to pursue offering such a service.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the meeting of the Oak Bay Parks and Recreation Commission held on Wednesday, January 9, 2008, and the recommendations contained therein, be adopted.

CARRIED

EMERGENCY PLANNING AND FIRE SECTION: (Chairman Councillor Jensen)

4.

2008-20

FIRE CHIEF, January 15, 2008 Re 2007 Fire Department Report

(Fire Chief Gerry Adam, Oak Bay Fire Department, in attendance for this item.)

Fire Chief Adam noted that his year end report captured the main activities of the Fire Department over the past year, saying that he was prepared to answer any questions that arose in this regard.

In response to questions regarding response to calls from the University of Victoria, Chief Adam noted that there have been some changes over the past year. Inasmuch as the University is included in both the District of Oak Bay and the District of Saanich’s borders, he said, the two jurisdictions no longer both attend all incidents and roll out apparatus. An evaluation of the incident is done by dispatch, said the Chief, to determine the appropriate response.

Attention was drawn to the section of the report dealing with public education sessions, and a member of the Committee queried who the target audiences are for these sessions. The Fire Chief indicated that public education sessions are held at schools, such as for Fire Prevention Week, at facilities such as Oak Bay Lodge, for conducting fire extinguisher drills, along with a wide variety of other locations for target audiences.

Responding to questions regarding the Capital Region Emergency Services Telecommunications (CREST) radio system, Chief Adam stated that the system continues to work well for Oak Bay Fire Department, with enhanced coverage being experienced in some areas, improving the overall service for Oak Bay.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the Fire Department year end report for 2007 be received.

CARRIED

5.

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DEPUTY FIRE CHIEF Re Emergency Program Update (Presentation)

(Deputy Fire Chief David Cockle, Oak Bay Fire Department, and Sonja Ruthe, Oak Bay Emergency Program, in attendance for this item.)

Deputy Fire Chief Cockle, Deputy Emergency Program Coordinator, introduced Sonja Ruthe, Emergency Program and Emergency Social Services Volunteer Coordinator.

The Deputy Chief circulated a document to members of the Committee that outlined the main points of the presentation.

Ms. Ruthe provided an overview of the Oak Bay Emergency Program describing it as a volunteer organization providing emergency assistance to the community of Oak Bay. The goal of the Program, she said, is to build a ‘disaster resilient community’ by creating collaborative community relationships through information networking, identifying community strengths, creating communication and information distribution systems, and with neighbours helping neighbours.

Ms. Ruthe drew attention to the importance of being prepared as a community for such disasters as extreme weather and natural disasters, terrorism and violence, and a pandemic.

Deputy Chief Cockle provided a power point presentation summarizing the role of the Oak Bay Emergency Program, noting its focus is on emergency preparedness and planning. The priorities for 2008/2009, he said, will encompass heightening public awareness of emergency preparedness and planning for residents and businesses, offering education through workshops, offering preparedness kit information, and providing schools with various emergency preparedness challenges.

The Deputy Chief drew attention to a proposal to engage a consultant to develop a plan for recruiting and retaining volunteers for the Emergency Program, which, he said, would be brought forward for consideration during budget deliberations.

On behalf of the Committee, Councillor Jensen thanked Deputy Chief Cockle and the Emergency Program Volunteers for the time and effort put into Oak Bay’s Program.

LAND USE SECTION: (Chairman – Councillor Cassidy)

6.

2008-21

DIRECTOR OF BUILDING AND PLANNING, January 3, 2008 Re Uplands Building Permit / Development Variance Permit Application – 3023 Beach Drive

MOVED by Councillor Herbert

Seconded by Councillor Copley, That it be recommended to Council that the plans to renovate the dwelling at 3023 Beach Drive be approved as to siting and architectural design, subject to the issuance of a development variance permit, and further that a resolution authorizing the issuance of a development variance permit be prepared and brought forward to the next meeting of Council for consideration.

CARRIED

PUBLIC WORKS SECTION: (Chairman – Councillor Herbert)

7.

2008-22 2008-22-1

DIRECTOR OF ENGINEERING SERVICES, January 17, 2008 HANNA AND BORIS KOFMAN, November 19, 2007 Re Boulevard Encroachment Application – 819 Byng Street

The Director of Engineering Services clarified that the reason for requesting that the three evergreen trees be removed or maintained at a height of .6 metres (2 feet) is because of their potential for growth and forming a hedge close to the edge of the road.

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That it be recommended to Council that permission be granted for an encroachment onto the boulevard adjacent to 819 Byng Street in the form of landscaping as shown on the sketch attached to correspondence item no. 2008-22-1, subject to the owners entering into a boulevard encroachment agreement on terms set by the Municipality, and subject to the three evergreen trees being maintained at a height not to exceed .6 metres (2 feet), the landscaping being maintained back from the edge of the asphalt road edge a distance of not less than 2 metres (6 feet), and the existing decorative wire fencing being removed.

CARRIED

8.

2008-23 2008-23-1

DIRECTOR OF ENGINEERING SERVICES, January 17, 2008 JOHN PALLETT AND SUSAN KLEMOLA, December 3, 2007 Re Boulevard Encroachment Application – 1275 St. David Street

MOVED by Councillor Jensen

Seconded by Councillor Copley, That it be recommended to Council that permission be granted for an encroachment onto the boulevard adjacent to 1275 St. David Street for the purpose of planting a Garry oak tree as shown on the sketch attached to correspondence item no. 2008-23-1, subject to the owners entering into a boulevard encroachment agreement on terms set by the Municipality.

CARRIED

9.

2008-24 2008-24-1

DIRECTOR OF ENGINEERING SERVICES, January 17, 2008 CHOW LOW HAMMOND ARCHITECTS INC., December 11, 2007 Re Boulevard Encroachment Application – 3570 Beach Drive

MOVED by Councillor Jensen

Seconded by Councillor Copley, That it be recommended to Council that permission be granted for an encroachment onto the boulevard adjacent to 3570 Beach Drive for the purpose of landscaping and maintaining an existing irrigation system and rock wall, as shown on the sketch attached to correspondence item no. 2008-24-1, subject to the owners entering into a boulevard encroachment agreement on terms set by the Municipality.

CARRIED

TRAFFIC SECTION: (Chairman – Councillor Copley)

10.

2008-25

DIRECTOR OF ENGINEERING SERVICES, January 17, 2008 Re North Henderson Cycling Lanes – Follow Up Report

Councillor Copley drew attention to the staff report which follows up on the July 23, 2007 direction from Council to bring forward a proposal to be considered for the 2008 budget that would include bicycle lanes, the placement of parking bays along North Henderson Road, and a review of potential funding sources. This, it was noted, followed a decision not to implement a plan for cycling lanes on North Henderson Road that would eliminate the street parking.

The Director of Engineering Services noted that the proposal includes cycling lanes as well as traffic calming devices and suggested locations for parking bays. The traffic calming devices (islands), he said, are not mandatory with the installation of cycling lanes, and could be installed at any time. However, he said, if a grant application is to be made, the Committee may wish to consider including them.

John Shipley, 3489 Henderson Road, noted that he took strong exception to Safer Cycling Oak Bay publishing on its website photographs of properties along Henderson Road, which showed street addresses and various assets of the property owners, feeling this was an invasion of privacy.

Mr. Shipley went on to say he does not support the installation of cycling lanes on North Henderson Road, as the status quo works well.

Lesley Ewing, Safer Cycling Oak Bay, 3041 Westdowne Road, noted it was not her intention to publish addresses on the website, but to show how wide the driveways along Henderson Road are, illustrating that street parking is not needed, and that cycling lanes should be installed. No information was published that could not otherwise be seen by anyone walking down the street, she said.

Ms. Ewing said that there are additional funding programs available beyond the Province’s LocalMotion Program which could be applied to for funding of cycling lanes. She also advised that she had submitted a petition calling for the remediation of Henderson Road, which has not yet been placed before Council.

Ms. Ewing noted that people have expressed to her that they are shocked at the length of time it has taken to get to this point, noting that Oak Bay’s Official Community Plan identifies Henderson Road as an obvious choice for cycling lanes. Hopefully, she said, it will not take a death on that road before something is done.

With respect to the amount of cycling traffic using Henderson Road, Ms. Ewing drew attention to University of Victoria studies that advise there are 1,000 bikes a day going in and out of the campus along Henderson Road, saying that number is understated in terms of the number of cyclists actually on the road.

Responding to questions from a member of the Committee, Ms. Ewing indicated that Safer Cycling Oak Bay has not had any formal meetings with Henderson Road residents, and has not been invited by the North Henderson Residents’ Association (NHRA) for any formal discussion.

Noel Parker-Jervis, 3549 Cardiff Place, speaking on behalf of the NHRA, noted that the NHRA is opposed to cycling lanes if they result in parking being eliminated on Henderson Road. In any event, said Mr. Parker-Jervis, the residents of Henderson Road agree that traffic calming is more important for Henderson Road than the implementation of cycling lanes, noting that the speeding on that road is intolerable.

Mr. Parker-Jervis pointed out that it might be possible that any future plans for the former Uplands School property could provide for the opportunity for a bike path, which should be weighed in considering creating cycling lanes.

Ed Silva-White, 3393 Henderson Road, noting that a petition has been circulated by Ms. Ewing, stated that it should also be distributed to the residents along Henderson Road. He stated his concern that the “zealous” actions and methods being used to garner support for cycling lanes result in losing sight of working towards a resolution.

Mr. Silva-White noted that his concern with cycling lanes is with respect to being restricted in his ability to back in and out of his driveway, noting that lanes would make the task more difficult.

Responding to questions regarding his views on the proposed parking bay across from his home, Mr. Silva-White noted he would need to give it further thought with respect to what the impact would be.

Michael Wilmut, 3402 Henderson Road, indicated his concern that the facts upon which decisions are to be made are not agreed to by the various groups of people involved. In particular, he said, the number of actual bike trips along Henderson Road is not clear. The basic facts need to be gathered, said Mr. Wilmut, suggesting that the Mayor take leadership of the issue, and form a committee to consider the issues.

John Luton, Capital Bike and Walk Society, noted that he feels the proposed parking bays address the need for on-street parking along North Henderson Road, and that the proposed traffic/pedestrian islands are also a good idea and will assist with traffic calming. Cycling lanes, he noted, are also shown to calm traffic.

Mr. Luton said that cycling lanes will result in more riders using Henderson Road and make it easier for people to back out of driveways because the traffic is further from the driveway entrance. Additionally, he said, there is funding available for such a project. He noted his support for the plans before the Committee, encouraging it to make a decision to undertake the work.

Eileen Pangman, 2081 Kendal Avenue, said that her daughter was in an accident while cycling on Henderson Road in the past, although she is not sure that cycling lanes would have prevented it. She said that her point of view is different from others heard, in that she sees cycling lanes as a small step towards making a difference environmentally and showing the next generation that it can be done. The parking, she said, may have to be sacrificed to show that these kinds of steps can be taken.

Jane van Hoorn, 2965 Oakdowne Road, noted that as a resident and cyclist, she is in favour of cycling lanes and encouraging more people to cycle.

Responding to questions from the Committee, the Director of Engineering Services indicated that bicycle counts have been done on three occasions for 2 or 3 hours during peak periods. In general, he said, the counts were lower when school was out in December, while the summer months showed more cyclists, possibly due to more seasonal cyclists using the road. The most cyclists were seen when University was in session.

There was discussion regarding the proposed plan, with varying views and opinions being noted. While there was some support for proceeding with the plan proposed, it was suggested that there needs to be a solution that would be acceptable to both residents of Henderson Road and cyclists. In this regard, Mayor Causton indicated that he would be willing to meet with a group of interested persons to try, one last time, to identify a plan that would be supported by them.

There was consensus that Mayor Causton organize such a meeting and report back to the second Committee of the Whole meeting in February with a plan for consideration.

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That correspondence item no. 2008-25 be received.

CARRIED

ADJOURNMENT:

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the meeting of the Committee of the Whole be adjourned.

CARRIED

The meeting adjourned at 10:22 p.m.

Certified Correct:

Municipal Clerk	Chairman, Acting Finance Section
Acting Chairman, Recreation Section	Chairman, Emergency Planning and Fire Section
Chairman, Land Use Section	Chairman, Traffic Section