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 Tuesday, May 20, 2008 at 7:30 p.m.

PRESENT:	Mayor C. M. Causton, Chairman Councillor H. Braithwaite Councillor A. R. Cassidy Councillor S. F. B. Carson Councillor P. Copley Councillor J. D. Herbert
STAFF:	Municipal Administrator, W. E. Cochrane Municipal Clerk, L. Hilton Confidential Secretary, K. Green Director of Building and Planning, N. Beattie Director of Engineer Services, D. Marshall

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

RECREATION SECTION: (Chairman – Councillor Carson)

1.

2008-136

OAK BAY PARKS AND RECREATION COMMISSION, May 14, 2008 Re Minutes of the Meeting

(Agnes Szilos, Director of Parks and Recreation, in attendance for this item.)

St. Jean Baptiste Celebration Evening Concert Request

Councillor Carson drew attention to a request from the Victoria Francophone Society for approval to include a free evening concert at the previously approved St. Jean Baptiste Day Celebration to be held at Willows Park, Saturday, June 21, 2008. After lengthy discussions, Councillor Carson noted that Commission agreed to allow the concert to take place from 7:00 p.m. to 9:00 p.m., but the request to operate a beer garden during the event was denied.

Food Roots Pocket Market Request

Regarding the request to allow Food Roots Pocket Market to hold a farmers’ market at the Oak Bay Recreation Centre, Councillor Carson commented on the points of concern expressed by the Commission which included the impact on the already strained parking lot. He noted that the Commission turned down the request at this time and suggested that perhaps the Estevan Village Merchants Association should be approached with the concept for setting up a farmers’ market in the Estevan Village. Commission, said Councillor Carson, indicated that should alternative locations not be available, it would be willing to consider a future request if Food Roots was to provide data with respect to the number of people such a market is expected to attract.

A member of the Committee expressed support for seeing a small scale farmers’ market set up at the Recreation Centre, saying it would offer many benefits and would be a good fit at that location. It was noted that there have been many successful ventures such as this in and around Greater Victoria and the market would support Oak Bay’s commitment to reducing greenhouse gas emissions.

Councillor Carson advised that although other areas in Greater Victoria have had success with produce markets, those locations offer plenty of parking nearby for market goers. He further drew attention to the mandate of the Commission with respect to providing safe recreational opportunities for patrons, which also influenced the Commission’s recommendation.

Municipal Facilities Planning Sub-Committee – Terms of Reference

Councillor Carson reported that prior to finalizing the municipal facility planning terms of reference, the Commission wished to have input on the proposed composition of the Committee, noting that some members of the Commission have already expressed interest in participating.

It was agreed that Mayor Causton would speak with members of Council regarding the desired composition of the Committee, and the interest at the Council level in participating on the Committee.

MOVED by Councillor Copley

Seconded by Councillor Herbert, That the minutes of the meeting of the Oak Bay Parks and Recreation Commission held on Wednesday, May 14, 2008, and the recommendations contained therein, be adopted.

CARRIED

FINANCE AND REGULATORY SECTION: (Acting Chairman – Mayor Causton)

2.

2008-137

MUNICIPAL TREASURER, April 30, 2008 Re April 2008 Financial Report

MOVED by Councillor Herbert

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

CARRIED

3.

2008-138 2008-138-1 - - 2007-325

KEITH MATHERS, April 9, 2008 MUNICIPAL CLERK, May 15, 2008 EXCERPT FROM COMMITTEE OF THE WHOLE MEETING MINUTES, December 10, 2007 GEORGE NATION, November 7, 2007 Re Request for Amendment to Animal Control Bylaw – Keeping of Bees

Mayor Causton thanked Mr. Mathers for his informative letter on keeping bees in an urban setting.

The Municipal Clerk noted that following a request from Mr. Nation to change the Animal Control Bylaw to permit beehives on a property that is less than 8000 square feet, staff was asked to contact an apiary association to obtain input with respect to keeping of beehives in urban areas and near public thoroughfares.

Referring to her memorandum (correspondence item no. 2008-138-1), being a summary of regulations with respect to beekeeping in other municipalities in the region, Ms. Hilton added that should consideration be given to allowing beehives on a property that is less than 8,000 square feet, the current setback regulation of 25 feet may need to be addressed as well.

Keith Mathers, 2192 Cranmore Road, and a member of the Capital Region Beekeepers’ Association, commented on the benefits of honey bees in residential areas saying he hoped Oak Bay would consider relaxing its somewhat stringent regulations compared to the rest of the Greater Victoria area and Vancouver. Mr. Mathers said that honey bees are only interested in foraging for nectar and pollen, and tend to not bother people unless the hive is physically threatened.

However, he said, one way to alter the flight path of bees to fly up and away from neighbouring backyards and public thoroughfares is to place a vertical screen or fence to enclose the hive.

Responding to a question about bees swarming, Mr. Mathers advised that although swarming is often alarming to the public, swarms of bees are not dangerous as the bees are looking for a new home, and local beekeepers are called to collect the bees, unharmed.

Following further discussion, members of the Committee felt there was reasonable incentive for the Municipality to consider revising the regulations and it was felt that a draft amendment to the Animal Control Bylaw that would allow beehives on lots smaller than 8,000 square feet should be drafted for the Committee’s consideration.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That staff be directed to draft an amendment to the Animal Control Bylaw, allowing two (2) beehives on lots less than 10,000 square feet and four (4) beehives on lots above 10,000 square feet, requiring a 20 foot setback from any property line from the beehives, and requiring vertical screening for all beehives, for consideration by the Committee of the Whole.

Michele Kirby, 2315 Dalhousie Street, commented that the less restrictive the Bylaw is the better and Council should trust the community to do the right thing. Ms. Kirby said that most beekeepers would be sensitive to concerns and educate their neighbours about bees.

Kim Blank, 1557 Yale Street, referring to the proposed fencing around hives, said that it should only be required when there is not an existing six foot fence around the perimeter of a yard.

George Nation, 1547 Yale Street, said that following his initial request to have the Animal Control Bylaw relaxed with respect to keeping of bees, he was made aware of the more prolific, non-stinging, Mason bees, which, along with honey bees, increase pollination.

The question was then called.

CARRIED

LAND USE SECTION: (Acting Chairman – Mayor Causton)

4.

2008-139

DIRECTOR OF BUILDING AND PLANNING, May 7, 2008 Re Uplands Building Permit Application – 3180 Norfolk Road

MOVED by Councillor Herbert

Seconded by Councillor Copley, That it be recommended to Council that the plans to construct a conservatory addition at 3180 Norfolk Road be approved as to siting and architectural design.

CARRIED

5.

2008-140

DIRECTOR OF BUILDING AND PLANNING, May 7, 2008 Re Uplands Building Permit Application – 3135 Ripon Road

MOVED by Councillor Herbert

Seconded by Councillor Copley, That it be recommended to Council that the plans to reconstruct a deck at 3135 Ripon Road be approved as to siting and architectural design.

CARRIED

TRAFFIC SECTION: (Chairman – Councillor Copley)

6.

2008-141 2008-141-1

PETER AND ELAINE HUMPHREYS, May 7, 2008 ELAINE HUMPHREYS, May 20, 2008 Re Request for Resident Only Parking – 2200 Block of Bowker Avenue

Councillor Copley drew attention to the letter received from Peter and Elaine Humphreys requesting that the 2200 Block of Bowker Avenue be changed to resident only parking on weekends noting their concern is because of the increased demand on parking in the area since the opening of the art school. It was also noted that this same art school has had parking issues in other areas of the city and has had to move because of it.

Councillor Cassidy arrived at meeting at 8:13 p.m.

It was the observation of Committee members that there does appear to be a lot of traffic in association with art school programs, and in response to questions, the Municipal Administrator said that because of the legal non-conforming use status of the building, there are no requirements for the provision of parking.

Elaine and Peter Humphreys, 2298 Bowker Avenue, advised that since writing to Council, they have become aware that the 4Cats Arts Academy is expanding into the unit next door and is now advertising even more classes being offered. It appears, said Ms. Humphreys, that the Academy is now offering 99 classes per week, which creates an enormous amount of traffic with drop-offs, pick-ups, and parking during classes, making it a safety issue as well. Mr. and Ms. Humphreys expressed their concern that the traffic associated with the Academy is taking over the neighbourhood, although their specific complaint is about traffic on weekends and in the evenings.

It was noted by the Committee members that this is not a unique problem to Oak Bay where residential and commercial areas blend. However, the view was expressed that making the requested change to resident only parking would likely have the effect of moving any parking problems to another street.

Additionally, Mayor Causton said that imposing a ‘resident parking only’ restriction in that area would not be in keeping with other commercial areas where limited time parking restrictions are in place.

It was agreed that Mayor Causton would spend some time in the area on a weekend to further assess the parking situation and to discuss the issue with the business owners at 2279 Bowker Avenue in order to try and come to a resolution that would satisfy all involved.

MOVED by Councillor Carson

Seconded by Councillor Herbert, That correspondence item no. 2008-141 be received.

CARRIED

PUBLIC WORKS SECTION: (Chairman – Councillor Herbert)

7.

2008-142

MUNICIPAL ADMINISTRATOR, May 15, 2008 Re Driveway Surface Standards

As requested at the Committee of the Whole meeting held on May 5, 2008, the Municipal Administrator drafted an amendment to the Driveway Access Bylaw as a basis for discussion on allowing the use of screenings and other appropriate materials for driveway crossings in appropriate locations with a required road base. Mr. Cochrane, referring to his memorandum (correspondence item no. 2008-142), said the circumstances that would allow screenings are where there is no curb that defines the edge of the road adjacent to the parcel served by the driveway and where no public sidewalk with a hard surface is intersected or abutted by the driveway.

Mr. Cochrane suggested that if Council wishes to allow a loose surface material for boulevard crossings it would be reasonable to change the regulations to also allow such materials on private property as well, noting that the draft amendment to the Parking Facilities Bylaw attached to his memorandum would accomplish that.

Councillor Braithwaite arrived at meeting at 8:37 p.m.

MOVED by Councillor Carson

Seconded by Councillor Copley, That the draft bylaws attached to the memorandum from the Municipal Administrator (correspondence item no. 2008-142), be brought forward to the next meeting of Council for formal consideration.

CARRIED

The Municipal Administrator, responding to Michele Kirby, 2315 Dalhousie Street, asking if brick would be an allowable driveway surface, noted that whole bricks could be used on private property but would not be permitted on the municipal boulevard portion of a driveway under the draft bylaw.

ADJOURNMENT:

MOVED by Councillor Herbert

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

CARRIED

The meeting adjourned at 8:40 p.m.

Certified Correct:

Municipal Clerk	Chairman, Recreation Section
Acting Chairman, Finance and Regulatory Section	Acting Chairman, Land Use Section
Chairman, Traffic Section	Chairman, Public Works Section