Minutes of a Meeting of the Capital Regional District Board Held Wednesday, May 8, 2013

Minutes of a Meeting of the Capital Regional District Board

Held Wednesday, May 8, 2013, in the Board Room, 625 Fisgard Street, Victoria, BC

PRESENT: Directors: A. Bryson (Chair), D. Blackwell (Vice Chair), M. Alto, J. Brownoff, T. Daly, V. Derman, B. Desjardins, D. Fortin, P. Gerrard (for L. Wergeland), C. Hamilton, J. Herbert (for N. Jensen), D. Howe, M. Hicks, B. Isitt, R. Kasper (for W. Milne), F. Leonard, M. Loveless (for L. Cross), W. McIntyre, J. Mendum (2 pm), J. Ranns, D. Screech (for G. Hill), L. Seaton and G. Young

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, General Manager, Integrated Water Services; A. Orr, Senior Manager, Corporate Communications; S. Santarossa, Corporate Officer, and S. Norton, Deputy Corporate Officer (Recorder)

ABSENT: Director: S. Brice

The Chair called the meeting to order at 1:30 pm.

1. APPROVAL OF THE AGENDA

MOVED by Director Alto, SECONDED by Director Blackwell, That the agenda and supplementary agenda be approved and that Item 7.1 be considered following the closed portion of the meeting. CARRIED

2. ADOPTION OF MINUTES OF APRIL 10, 2013

MOVED by Director Blackwell, SECONDED by Director McIntyre, That the minutes of the meeting of April 10, 2013 be adopted. CARRIED

3. REPORT OF THE CHAIR

Chair Bryson advised that he has appointed Director Daly as Vice Chair of the Regional Parks Committee, replacing Director Hicks.

3.1 Appointment to Regional Housing Trust Fund Commission

MOVED by Director Alto, SECONDED by Director Blackwell, That the Board receive for information the following appointment to the Regional Housing Trust Fund Commission made by the Board Chair: District of Central Saanich, Councillor Alicia Cormier. CARRIED

4. PRESENTATIONS/DELEGATIONS

1. Geoff Dickson, CEO and Colin Smith, CRD Nominee, Victoria Airport Authority re Annual Report to Nominators. Mr. Smith reviewed: his 2013 committee participation; the increase in annual passenger traffic since 2003; 2012 revenue sources; 2013 capital projects; the cumulative capital investment since transfer from federal government; charitable donations and sponsorships; 2013 capital program; highlights of the proposed New 20 Year Master Plan and public consultation; terminal and service improvements.

2. Dr. Richard Stanwick, Chief Medical Health Officer, Vancouver Island Health Authority re Expanding the Parameters of the Clean Air Bylaw (Item 5.6.3). Dr. Stanwick spoke in favour of the staff recommendation to develop amendments to the bylaw to include more public places in order to further limit the negative health impacts of second-hand tobacco smoke.

3. Rory Kulmala, BC Transit re Victoria Transit Corridor Priority Plan (Item 5.6.1). Mr. Kulmala reviewed: the concepts being evaluated for the Douglas Street Corridor, Island Highway and McKenzie Corridor; public consultation; and presentation of final report to the Transit Commission in June.

Director Mendum entered the meeting at 2:00 pm.

4. Nancy Falconer, Canadian Cancer Society, re Expanding the Parameters of the Clean Air Bylaw (Item 5.6.3). Ms. Falconer spoke in favour of the staff recommendation to develop amendments to the bylaw to include more public places in order to limit the negative health impacts of second-hand tobacco smoke. She reviewed the health and environmental benefits of outdoor smoking restrictions.

5. REPORTS OF COMMITTEES

5.1 ELECTORAL AREA SERVICES COMMITTEE – April 17, 2013

1. Application to Union of British Columbia Municipalities (UBCM) for Grant Funding of a Fuel Management Prescription Program on Pender Island (PPS/PS 2013-04)

MOVED by Director Howe, SECONDED by Director Hicks, That staff be authorized to make application to the Union of British Columbia Municipalities for grant funding for a Fuel Management Prescription for Pender Island to support a secondary emergency access route into Magic Lakes. CARRIED

2. Grants-In-Aid

MOVED by Director Hicks, SECONDED by Director Howe, That the following grants-in-aid applications be approved for payment:

• Juan de Fuca Electoral Area Grants-in-Aid as approved by Director Hicks a. Port Renfrew Chamber of Commerce: $150 b. Sooke Region Food CHI (Community Health Initiative): $3,500
• Southern Gulf Islands Electoral Area Grants-in-Aid as approved by Director Howe a. Galiano Conservancy Association: $3,500 b. Mayne Island Early Childhood Society: $5,000 CARRIED

5.2 EMERGENCY MANAGEMENT COMMITTEE – February 20, 2013

1. Updated Corporate Emergency Plan

MOVED by Director Alto, SECONDED by Alternate Director Herbert, That the updated Capital Regional District Corporate Emergency Plan be adopted. CARRIED

5.3 ENVIRONMENTAL SERVICES COMMITTEE – April 24, 2013

1. Hartland Landfill Aggregate Production 2013 – Award of Contract 13-1754 (EEE 13-09)

MOVED by Director Brownoff, SECONDED by Director Blackwell, That Contract 13-1754, Hartland Landfill Aggregate Production 2013 be awarded to Westridge Rock Ventures Ltd. in the amount of $731,831.94 to produce aggregate materials for Hartland operational use and that funding be provided from the solid waste operating budget. CARRIED

5.4 JUAN DE FUCA LAND USE COMMITTEE – VOTING BLOCK A – April 16, 2013

1. Rezoning Application – Board Voting Block A

Z-04-12 - Lot 1, Section 31, Otter District, Plan 25582 Except Plan VIP63956 (Young - 2276 Kemp Lake Road)

MOVED by Director Hicks, SECONDED by Alternate Director Kasper, That proposed Bylaw No. 3872, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 116, 2013” be introduced and read a first time and second time. CARRIED

MOVED by Director Hicks, SECONDED by Alternate Director Kasper, That in accordance with the provisions of Section 890 and 891 of the Local Government Act, the Director for the Juan de Fuca Electoral Area, or Alternate Director, be delegated authority to hold a Public Hearing with respect to proposed Bylaw No. 3872, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 116, 2013”. CARRIED

2. Rezoning Application – Board Voting Block A

Z-06-12 - Lot 28, Section 15, Otter District, Plan VIP87643 (Orza/Read - 3312 Otter Point Road)

MOVED by Director Hicks, SECONDED by Alternate Director Kasper, That proposed Bylaw No. 3873, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 117, 2013” be introduced and read a first time and second time. CARRIED

MOVED by Director Hicks, SECONDED by Alternate Director Kasper, That in accordance with the provisions of Section 890 and 891 of the Local Government Act, the Director for the Juan de Fuca Electoral Area, or Alternate Director, be delegated authority to hold a Public Hearing with respect to proposed Bylaw No. 3873, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 117, 2013”. CARRIED

5.5 PENINSULA RECREATION COMMISSION

1. Bylaw No. 3896 – Saanich Peninsula Recreation Services

MOVED by Director Daly, SECONDED by Alternate Director Loveless, That Bylaw No. 3896, “Saanich Peninsula Recreation Services Bylaw No. 1, 2002, Amendment Bylaw No. 1, 2013”, be introduced and read a first time and second time. CARRIED

MOVED by Director Daly, SECONDED by Alternate Director Loveless, That Bylaw No. 3896 be read a third time. CARRIED

5.6 PLANNING, TRANSPORTATION AND PROTECTIVE SERVICES COMMITTEE – April 24, 2013

1. Victoria Transit Corridor Priority Plan

MOVED by Director Alto, SECONDED by Alternate Director Herbert, That the report PPS/RSP 2013-07 titled Victoria Transit Corridor Priority Plan and accompanying presentation be received as information. CARRIED

2. Capital Regional District Amendment to Township of Esquimalt Official Community Plan and Zoning Bylaw – Core Area Wastewater Treatment Plant and Regional Growth Strategy Consistency

MOVED by Director Desjardins, SECONDED by Director Hicks, That the Township of Esquimalt be advised that the proposed wastewater treatment plant and marine outfall is consistent with the objectives of the Regional Growth Strategy and that the proposed Official Community Plan amendments maintain consistency with the accepted Regional Context Statement. CARRIED Derman, Desjardins, Hamilton, Ranns OPPOSED

3. Expanding the Parameters of the Clean Air Bylaw

MOVED by Director Desjardins, SECONDED by Director Derman, That staff be directed to draft a comprehensive amendment to the Clean Air Bylaw and an implementation strategy to:

1. ban smoking within the Region in parks, public playgrounds, public squares and beaches; and,
2. extend the current buffer zone for smoking from three metres to seven metres.

MOVED by Director Isitt, SECONDED by Director Hicks, That 1) above be amended by deleting “parks”, adding “public sports fields” and by deleting “beaches” and replacing with “specific beach areas identified by the appropriate local government authority”, to read as follows:

1. ban smoking within the Region in public sports fields, public playgrounds, public squares and specific beach areas identified by the appropriate local government authority;

On the amendment, there was concern that there would be confusion by the public without a lack of consistent policy across the region.

The question on the amendment was called. DEFEATED Alto, Blackwell, Brownoff, Bryson, Daly, Derman, Desjardins, Fortin, Herbert, Leonard, Loveless, McIntyre, Screech, Seaton OPPOSED

Discussion ensued on public acceptance of such a broad ban in outdoor public recreation areas and the ability to enforce consistently.

The question on the main motion was called. DEFEATED Blackwell, Gerrard, Hamilton, Herbert, Hicks, Howe, Isitt, Kasper Mendum, Ranns, Seaton, Young OPPOSED

MOVED by Director Isitt, SECONDED by Director Young, That staff be requested to consider other options to ban smoking and report back to the Planning, Transportation and Protective Services Committee. CARRIED Fortin OPPOSED

4. Amendment to the Development and Planning Advisory Committee Terms of Reference

MOVED by Director Desjardins, SECONDED by Director Blackwell, That the amendments to the Development and Planning Advisory Committee Terms of Reference, as shown in Appendix 2 of the staff report, be approved. CARRIED

Directors Fortin, Herbert and Howe left the meeting at 3:08 pm.

5.7 REGIONAL PARKS COMMITTEE – April 17, 2013

1. Appointment of Assistant Park Technicians as Park Officers Under Capital Regional District Bylaw No. 3682

MOVED by Director Hicks, SECONDED by Director McIntyre, That two auxiliary Assistant Park Technicians be appointed as “Park Officers” as outlined in Appendix A of the staff report. CARRIED

Directors Fortin, Herbert and Howe returned to the meeting at 3:12 pm. Directors Desjardins left the meeting at 3:12 pm.

2. Thetis Lake Water Licence Amendment

MOVED by Director Hicks, SECONDED by Alternate Director Screech, That the Thetis Lake Water Licence be amended to support the release of water from the lake for conservation purposes to increase water flows in the summer in Craigflower Creek. CARRIED

6. ADMINISTRATION REPORTS

6.1 Request for Approval To Commence Remedial Action To Remove Hazardous Structures at 4226 Armadale Road

MOVED by Director Derman, SECONDED by Director Howe,

1. That the Capital Regional District Board pursuant to Division 12 of Part 3 of the Community Charter hereby resolves that: a) the buildings located at 4226 Armadale Road, are considered to be in or create an unsafe condition or contravene the Provincial Building Regulation or Bylaw under Division 2 of Part 21 of the Local Government Act; and b) the owner/agent/lessee and occupier of the building is hereby ordered to take the following remedial action within 30 days of the receipt of notice of this Order: [To demolish and remove the buildings and fill in and cover over the site to the general original state and condition and remove all debris.]
2. That the Manager Building Inspection of the Capital Regional District be authorized in default of such remedial measures being undertaken by the owner, occupier or tenant, to carry out or have such work carried out and the expense charged to the owner, occupier or tenant. If unpaid on December 31 in the year in which work is done, the expense shall be added to and form part of the taxes to be paid on the real property as taxes in arrears or be collected as a debt. CARRIED

6.2 Request for Approval To Commence Remedial Action To Remove Hazardous Structures at 4297 Trans-Canada Highway

MOVED by Director Hicks, SECONDED by Director Howe,

1. That the Capital Regional District Board pursuant to Division 12 of Part 3 of the Community Charter hereby resolves that: a) the buildings located at 4297 Trans-Canada Highway, are considered to be in or create an unsafe condition or contravene the Provincial Building Regulation or Bylaw under Division 2 of Part 21 of the Local Government Act; and b) the owner/agent/lessee and occupier of the building is hereby ordered to take the following remedial action within 30 days of the receipt of notice of this Order: [To demolish and remove the buildings and fill in and cover over the site to the general original state and condition and remove all debris.]
2. That the Manager Building Inspection of the Capital Regional District be authorized in default of such remedial measures being undertaken by the owner, occupier or tenant, to carry out or have such work carried out and the expense charged to the owner, occupier or tenant. If unpaid on December 31 in the year in which work is done, the expense shall be added to and form part of the taxes to be paid on the real property as taxes in arrears or be collected as a debt. CARRIED

6.3 Thetis Pistol Range Remediation - Grant Application for BC Brownfield Renewal Funding

MOVED by Director Mendum, SECONDED by Alternate Director Kasper, That the Capital Regional District Board endorse the CRD’s application to the BC Brownfield Renewal Funding Program in the amount of $181,250 for the Thetis Lake Regional Park Pistol Range Site Remediation Project. CARRIED

Directors Desjardins returned to the meeting at 3:14 pm.

6.4 Proclamation of East Sooke Fire Hall Referendum Results and Adoption of Bylaw Nos. 3862 and 3863

MOVED by Director Hicks, SECONDED by Director Howe, That the Chief Election Officer’s Proclamation of Official Results of the East Sooke Fire Hall Referendum held Saturday, April 27, 2013 be received. CARRIED

MOVED by Director Hicks, SECONDED by Director Howe, That Bylaw No. 3862, “East Sooke Fire Protection and Emergency Response Service Establishment Service Bylaw No. 1, 2006, Amendment Bylaw No. 2, 2012” be adopted. CARRIED

MOVED by Director Hicks, SECONDED by Director Howe, That Bylaw No. 3863, “East Sooke Fire Hall Loan Authorization Bylaw No. 1, 2012” be adopted. CARRIED

6.5 Temporary Use Permit Applications - Board Voting Block A

• Block 1410, Malahat District, PID: 008-024-103;
• Lot A, Block 1264 and District Lot 124, Malahat District, Plan 21358, PID: 003-418-685

MOVED by Director Hicks, SECONDED by Alternate Director Kasper, That Temporary Use Permits TUP-01-13, TUP-02-13 and TUP-03-13 on Block 14010, Malahat District, and on Lot A, Block 1264 and District Lot 124, Malahat District, Plan 21358 for the purpose of constructing three 80 m meteorological towers be issued with the following conditions: a) For the purposes of this permit “Temporary Use” shall mean: “a use providing for the construction of one meteorological tower for the purpose of collecting wind speed data that is 80 m in height, and have guy-lines extending out approximately 70 m to anchor the structures to be painted red and white and I meet requirements prescribed by NAV Canada and Transport Canada”; b) That the applicant engage a qualified consulting archaeologist to determine whether an archaeological impact assessment is warranted on PID: 003-418-685 for TIP-03-13; c) That a covenant be registered pursuant to Section 219 of the Land Title Act to permit the temporary use for the period of the permit. The covenant shall also include an agreement by the owner to indemnify and save harmless the Capital Regional District (CRD) against all costs and expenses incurred by the CRD, in default by the owner, in the conversion, demolition or removal of the temporary industrial use, and/or legal costs incurred in pursuing such legal remedies as the CRD sees fit. The covenant shall be registered within 30 days of the date of approval of the permit; d) To ensure compliance with the permit conditions an Irrevocable Letter of Credit in the amount $10,000.00, be held for the period of the permit; e) In default of compliance with any of the provisions of this permit, the permit shall lapse; f) The permit shall expire within three years of the date of issuance of the permit; and g) Nothing shall be done which is or will become an annoyance or nuisance to the surrounding areas by reason of unsightliness, the emission of odours, liquid effluence, dust, fumes, smoke, vibration, noise or glare; nor shall anything be done which creates or causes a health, fire, or explosion hazard, electrical or navigation interference. CARRIED

6.6 Temporary Use Permit Application - Board Voting Block A

Plan 344R, Section 97, Renfrew District and on District Water Lot 751, Block A and B

MOVED by Director Hicks, SECONDED by Alternate Director Kasper, That Temporary Use Permit TUP-04-13, on Plan 344R, Section 97, Renfrew District and on District Water Lot 751, Block A and B for the Purpose of Permitting the Existing Commercial Marina be issued subject to the following conditions: a) For the purposes of this permit “Temporary Use” shall mean: “a seasonal commercial marina as shown on the Site Map in Appendix 1 providing moorage for private fishing and pleasure craft as well as ancillary fuel sales”; b) Access to the marina is to be from Parkinson Road via a private strata road through the adjacent parcel Lot 1, Section 97, Renfrew District, Plan EPP24972 also owned by Three Point Properties Ltd.; c) Access from Beach Camp through an adjacent Capital Regional District (CRD) owned parcel Lot 64, Section 1, Renfrew District, Plan 24755 except Plan VIP57563, VIP68427 and Section 36, Township 13, is to be used by emergency vehicles only; d) That a covenant be registered pursuant to Section 219 of the Land Title Act to permit the temporary use for the period of the permit. The covenant shall also include an agreement by the owner to indemnify and save harmless the CRD against all costs and expenses incurred by the CRD, in default by the owner, in the conversion, demolition or removal of the temporary use, and/or legal costs incurred in pursuing such legal remedies as the CRD sees fit. The covenant shall be registered within 30 days of the date of approval of the permit; e) That an Irrevocable Letter of Credit in the amount $10,000, be held for the period of the permit to ensure compliance with the permit conditions; f) In default of compliance with any of the provisions of this permit, the permit shall lapse; g) The permit shall expire within three years of the date of issuance of the permit or upon the rezoning of the property to a zone that permits the construction and operation of a commercial marina, whichever is less; and h) Nothing shall be done which is or will become an annoyance or nuisance to the surrounding areas by reason of unsightliness, the emission of odours, liquid effluence, dust, fumes, smoke, vibration, noise or glare; nor shall anything be done which creates or causes a health, fire, or explosion hazard, electrical or navigation interference. CARRIED

6.7 Review of South Island Aggregates Proposed Contaminated Soils Landfill on Greater Victoria Drinking Water Quality

MOVED by Director Isitt, SECONDED by Director Blackwell, That the staff report, Potential Impact of South Island Aggregates Proposed Contaminated Soils Landfill Site on Greater Victoria Drinking Water Quality, be received for information. CARRIED

7. NEW BUSINESS

7.1 Construction of Juan de Fuca Public Administration Building, Sooke Business Park, Lots 1, 2 and 3, 3220 Otter Point Road – Award of Contract 13-1763

MOVED by Director Hicks, SECONDED by Director Howe, That Contract 13-1763 for the Construction of the Juan de Fuca Public Administration Building be awarded to Verity Construction in the amount of $781,439.45 upon removal of all subject conditions for the CRD's purchase of lots 1, 2, and 3 and that an additional $18,425.75 (including tax) be included for: a) providing ceramic tile, base and edging to 1200mm high in both accessible washrooms b) deletion of baseboard heaters and the installation of electric boiler to activate the hydronic heating tubes (as found in base bid), including manifolds and controls. CARRIED

7.2 Bylaw No. 3870, Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 115, 2013 – Board Voting Block A

MOVED by Director Blackwell, SECONDED by Alternate Director Kasper, That Bylaw No. 3870 be adopted. CARRIED

7.3 CRD Committee and Commission Appointments

MOVED by Director Daly, SECONDED by Alternate Director Loveless, That the following person be appointed to the Saanich Peninsula Wastewater Commission for a term to expire December 31, 2013: (as Alternate), Central Saanich Councillor Ryan Windsor; That the following persons be appointed to the Peninsula Recreation Commission, for a term to expire December 31, 2013: Central Saanich Councillor Alicia Cormier, (as Alternate) Councillor Ryan Windsor. CARRIED

8. MOTION TO CLOSE THE MEETING

MOVED by Alternate Director Loveless, SECONDED by Director Blackwell, 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 3.4); (e) the acquisition, disposition or expropriation of land or improvements (Item 3.1); (i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Item 3.2); (j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act (Item 3.3). CARRIED

The Board closed the meeting at 3:25 pm and re-convened at 4:13 pm.

9. RISE AND REPORT

1. Non-Disclosure/Confidentiality Agreements for Capital Regional District (CRD) Commissions – Policy

The Board adopted a policy to require all non-elected Capital Regional District Commission members to sign a non-disclosure confidentiality agreement, effective immediately.

2. Acquisition of Maxim Power Assets (ERM 13-12)

The Capital Regional District is negotiating with Maxim Power Corporation for the purchase of Maxim's assets at Hartland landfill, with the final agreement subject to CRD Board approval.

3. Appointment of Members to CRD Water Advisory Committee

The following nominees were appointed as representatives to the Water Advisory Committee for a two-year term ending December 31, 2014:

• Ross Neuman, as the Scientific representative; and
• R. (Bob) June, as the Resident/Ratepayers representative

4. Land Acquisition for Juan de Fuca Public Administration Building, 3220 Otter Point Road, Described As: Strata Lots 1, 2 and 3, Section 16, Otter District, Strata Plan Vis7096 and Interests In Common Property

The purchase of the subject lands at a cost of $400,000 was approved, subject to the fulfillment or waiver of all remaining conditions.

5. Proposed Location of both the Core Area Wastewater Treatment Plant and Biosolids Energy Centre (BEC) – 1947 Burnside Road

The Board rose and reported on the following: a) the Core Area Liquid Waste Management Committee's recommendation to not consider locating a combined wastewater treatment and biosolids energy centre at 1947 Burnside Road; b) the staff report dated May 8, 2013 prepared in response to the motion presented by Director Desjardins with any necessary information to be redacted from the report in accordance with the Freedom of Information and Protection of Privacy Act; and c) the motion and background information presented by Director Desjardins requesting staff to consider 1947 Burnside Road as a proposed location for both the Core Area Wastewater Treatment Plan and the Biosolids Energy Centre (BEC).

10. ADJOURNMENT

MOVED by Director Hicks, SECONDED by Director Howe, That the meeting be adjourned at 4:13 pm. CARRIED