Minutes of a Special Meeting of the Capital Regional District Board

Held Wednesday, March 27, 2013, in the Board Room, 625 Fisgard Street, Victoria, BC

PRESENT: Directors: A. Bryson (Chair), D. Blackwell (Vice Chair), M. Alto, S. Brice, J. Cullington (for C. Hamilton), V. Derman, B. Desjardins (12:43 pm), R. Gramigna (for J. Ranns), L. Helps (for G. Young), J. Herbert (for N. Jensen), G. Hill (12:43 pm), B. Isitt, P. Lake (for W. McIntyre), F. Leonard, M. Lougher-Goodey (for L. Cross), J. Mendum, C. McBride (for T. Daly), W. Milne, D. Murdock (for J. Brownoff), N. Wade (for L. Wergeland) and R. Wade (for L. Seaton) Staff: R. Lapham, Chief Administrative Officer; J. Hull, Project Director, Core Area Treatment Project; L. Hutcheson, General Manager, Parks and Environmental Services; D. Lokken, General Manager, Corporate Services; M. Misek-Evans, Acting General Manager, Planning and Protective Services; T. Robbins, Acting General Manager, Integrated Water Services; A. Orr, Senior Manager, Corporate Communications; S. Norton, Deputy Corporate Officer (Recorder)

ABSENT: Directors: D. Fortin, D. Howe, M. Hicks

The Chair called the meeting to order at 12:14 pm.

1. APPROVAL OF THE AGENDA

MOVED by Director Alto, SECONDED by Director Brice, That the agenda and supplementary agenda be approved. CARRIED

Chair Bryson commented on the passing of Al Huddlestan, Director and long-time Board Chair of the Regional District of Mount Waddington.

2. REPORTS OF COMMITTEES

2.1 ELECTORAL AREA SERVICES COMMITTEE – March 20, 2013

1. Fees and Charges Update for Utilities within the Three Electoral Areas

MOVED by Director Blackwell, SECONDED by Alternate Director Gramigna, That Bylaw No. 3891 Blackwell, cited as "Salt Spring Island Liquid Waste, Sewer, and Water Fees and Charges Bylaw No. 1, 2012, Amendment Bylaw No. 1, 2013" be introduced and read a first and second time. CARRIED

MOVED by Director Blackwell, SECONDED by Director Alto, That Bylaw No. 3891 be read a third time. CARRIED

MOVED by Director Blackwell, SECONDED by Director Alto, That Bylaw No. 3891 be adopted. CARRIED

MOVED by Director Blackwell, SECONDED by Director Alto, That Bylaw No. 3892, cited as "Southern Gulf Islands and Juan de Fuca Electoral Areas Utilities and Street Lighting Fees and Charges Bylaw No. 1, 2012, Amendment Bylaw No. 1, 2013" be introduced and read a first and second time. CARRIED

MOVED by Director Blackwell, SECONDED by Director Alto, That Bylaw No. 3892 be read a third time. CARRIED

MOVED by Director Blackwell, SECONDED by Director Alto, That Bylaw No. 3892 be adopted. CARRIED

2. Construction of Willis Point Fire Apparatus Building Award of Contract 12-1751

MOVED by Director Blackwell, SECONDED by Director Milne, That Contract 12-1751, Construction of the Willis Point fire apparatus building, be awarded to Brenton Construction Corp. in the amount of $162,845 (plus tax). CARRIED

3. ADMINISTRATION REPORTS

3.0 SERVICE FEE AGREEMENT RE: SEWER CHARGES – DISTRICT OF COLWOOD

MOVED by Alternate Director Cullington, SECONDED by Director Blackwell, That the new service fee agreement be approved with the City of Colwood to pay for annual sewer operating and Core Area Wastewater Treatment Program funding costs. CARRIED

3.1 2013 - 2017 FINANCIAL PLAN BYLAW NO. 3895

Director Derman left the meeting at 12:22 pm stating a potential conflict of interest because of his former position on the Royal and McPherson Theatres Society Board when the Society considered its budget.

Staff reviewed the information provided in the staff report and the highlights of the budget.

MOVED by Director Leonard, SECONDED by Director Milne, That Bylaw No. 3895, "2013 to 2017 Financial Plan, 2013" be introduced and read a first and second time. CARRIED

Discussion ensued regarding the recent Court of Appeal decision in Schlenker vs. Torgrimson and the difficulty with the situation where a number of alternates were present to adopt the financial plan bylaw because many Directors could have a pecuniary conflict of interest as a result of their appointments to external societies and other entities. It was pointed out that the Board Chair had written the Minister of Community, Sport and Cultural Development for a solution, and that the financial plan has had considerable review.

With respect to the budget, it was suggested that the "CRD on a page" document be posted to the website and that there should be more easy to read information on the services provided.

MOVED by Director Leonard, SECONDED by Director Brice, That Bylaw No. 3895 be read a third time. CARRIED

MOVED by Director Leonard, SECONDED by Director Brice, That Bylaw No. 3895 be adopted. CARRIED

MOVED by Director Leonard, SECONDED by Director Milne, That the 2013 Requisition Summary Schedules A, B and C be received for information. CARRIED

3.2 SERVICE FEE AGREEMENT RE: SEWER CHARGES – DISTRICT OF OAK BAY

MOVED by Alternate Director Herbert, SECONDED by Director Blackwell, That the amended agreement be approved with the District of Oak Bay to pay, by annual service fee, their share of the annual sewer debt charges and costs associated with the Core Area Wastewater Treatment Program within the Liquid Waste Management Core Area and Western Communities Service. CARRIED

Directors Desjardins and Hill entered the meeting at 12:43 pm. Director Derman returned to the meeting at 12:43 pm.

3.3 CORE AREA WASTEWATER TREATMENT PROGRAM LOAN AUTHORIZATION

In response to questions, staff clarified the type of costs to be covered by the bylaw per the budget information, the process for adopting the bylaw and the timing of funding to be received from senior government partners. During discussion, some Directors felt the bylaw should be delayed until after the provincial election, and at a time when the proponents could assume more of the financial risk.

MOVED by Director Blackwell, SECONDED by Director Brice, That Bylaw No. 3887, cited as "Core Area Wastewater Treatment Program Loan Authorization Bylaw No. 1, 2013" be introduced and read a first and second time. CARRIED OPPOSED: Cullington, Derman, Desjardins, Gramigna, Helps, Hill, Mendum

MOVED by Director Blackwell, SECONDED by Director Brice, That Bylaw No. 3891 be read a third time. CARRIED

3.4 LYALL HARBOUR/BOOT COVE WATER SYSTEM FUNDING REQUEST

MOVED by Director Milne, SECONDED by Director Hill, That a contribution of $20,000 be authorized from the Southern Gulf Islands (SGI) portion of the Gas Tax – Community Works Funds (CWF) to the Lyall Harbour/Boot Cove water system project. CARRIED

4. BYLAWS

4.1 BYLAW NO. 3893, DEVELOPMENT COST CHARGES BYLAW (JUAN DE FUCA WATER DISTRIBUTION), BYLAW NO. 1, 2000, AMENDMENT BYLAW NO. 6, 2013

MOVED by Alternate Director Gramigna, SECONDED by Director Blackwell, That Bylaw No. 3893 be adopted. CARRIED

5. MOTION TO CLOSE THE MEETING

MOVED by Director Milne, SECONDED by Director Hill, That the Board close the meeting in accordance with the Community Charter, Part 4, Division 3, 90(1) (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the regional district or another position appointed by the regional district (Item 2). CARRIED

The Board closed the meeting at 1:00 pm and rose and reported at 1:30 pm.