Minutes of a Meeting of the Capital Regional District Board - August 13, 2014

Minutes of a Meeting of the Capital Regional District Board

held Wednesday, August 13, 2014 in the Board Room, 625 Fisgard Street, Victoria, BC

PRESENT: Directors: A. Bryson (Chair), M. Alto, S. Brice, J. Brownoff, L. Cross, T. Daly, V. Derman, B. Desjardins, B. Gramigna (for J. Ranns), S. Gudgeon (for D. Fortin), C. Hamilton, G. Hill, D. Howe, B. Isitt, N. Jensen, R. Kasper (for W. Milne), F. Leonard, W. McIntyre, L. Seaton, W. Sifert (for D. Blackwell), W. Vowles (for M. Hicks), L. Wergeland, K. Williams (for J. Mendum), and G. Young

Staff: R. Lapham, Chief Administrative Officer; L. Hutcheson, General Manager, Parks and Environmental Services; D. Lokken, General Manager, Finance and Technology; K. Lorette, General Manager, Planning and Protective Services; P. Sparanese, Senior Manager, Infrastructure Operations; S. Bagh, Senior Manager, Regional and Strategic Planning; J. Hicks, Senior Transportation Planner; A. Orr, Senior Manager, Corporate Communications; S. Santarossa, Corporate Officer, and S. Norton, Deputy Corporate Officer (Recorder)

Also Present: P. Johnson, Stewart McDannold Stuart, CRD solicitors

The Chair called the meeting to order at 1:34 pm.

1. APPROVAL OF THE AGENDA

MOVED by Director Hill, SECONDED by Director Howe, That the agenda be amended to withdraw item 5.1.3; and that the agenda as amended, and the supplementary agenda, with the exception of Delegations 6 and 7 and the Delegations re Grace Islet First Nations Burial Site, be approved. CARRIED

MOVED by Director Desjardins, SECONDED by Director Alto, That the late requests to speak from Delegations 6 and 7 be approved. CARRIED UNANIMOUSLY

MOVED by Director Desjardins, SECONDED by Director Alto, That the rules be suspended to allow Delegations to speak to the Grace Islet First Nations Burial Site item, which is not on the open agenda. CARRIED UNANIMOUSLY

MOVED by Director Isitt, SECONDED by Director Alto, That the late request from Dr. T. Martin to speak to the Grace Islet First Nations Burial Site item, which is not on the open agenda, be approved unanimously. DEFEATED Wergeland OPPOSED

2. ADOPTION OF MINUTES OF JULY 9, 2014

MOVED by Alternate Director Sifert, SECONDED by Director Hill, That the minutes of the meeting of July 9, 2014 be adopted. CARRIED

3. REPORT OF THE CHAIR

Chair Bryson noted the passing of American comedian Robin Williams.

4. PRESENTATIONS/DELEGATIONS

4.1 PRESENTATIONS – None.

4.2 DELEGATIONS

1. Nancy Falconer, BC Cancer Society, re agenda item 6.1 Clean Air Bylaw, spoke in support of Clean Air Bylaw 3962, She noted that thebylaw will help to: protect people from the harmful effects of second-hand smoke, encourage smokers to quit or cut back, and create healthy role models for children and youth. She stressed that there is strong public support for these restrictions and that education is key to enforcement. The delegation provided a copy of her presentation, on file at Legislative and Information Services.

2. Michael Hoebel, President of Galiano Health Care Society, re agenda item 5.2.2 Galiano Health Care Centre, spoke in support of Bylaw 3955 to create a new service for contributing funds to the operation of the health care centre. Mr. Hoebel commented on the health services provided at the centre, the need for stable funding for the continued operation and building maintenance of the centre, and public support for the proposed new service. The delegation provided a copy of his presentation, on file at Legislative and Information Services.

3. Danielle Worster, re agenda item 6.1 Clean Air Bylaw, spoke in support of Clean Air Bylaw 3962, as a health care researcher. She noted that there is no safe level of exposure to second-hand smoke and the CRD will be joining over 20 other BC municipalities who already have smoke-free parks and playgrounds.

4. Mary Elrick, Youth Against Cancer Club at UVic, re agenda item 6.1 Clean Air Bylaw, spoke in support of Clean Air Bylaw 3962. She noted the negative health impacts of second-hand smoke, and highlighted the success of the Clean Air Bylaw to date as indicated by the dropping smoking rates for youth.

5. William Jesse, re agenda item 5.4.2 Regional Deer Management Pilot Project Extension, spoke against the extension of the pilot project in Oak Bay. He felt more mitigation measures should be done first such as deer warning signage for drivers, and reduced speeds in certain areas. The delegation provided a copy of his presentation, on file at Legislative and Information Services.

6. Marion Cumming, re agenda item 5.4.2 Regional Deer Management Pilot Project Extension, spoke against the extension of the pilot project. She noted the inhumane aspects of a deer cull, petitions and other public input against a deer cull, and the lack of information regarding the deer cull to take place in Oak Bay. She spoke in favour of contraception as a non-lethal form to reduce deer population. The delegation provided a copy of her presentation, on file at Legislative and Information Services.

7. Nabhras Spogliarich, re agenda item 5.4.2 Regional Deer Management Pilot Project Extension, spoke against the extension of the pilot project. He refuted the health and safety arguments supporting the need for a deer cull.

Delegations re Grace Islet First Nations Burial Site:

1. John Alexander, on behalf of the property owner, referring to the July 9 motion, noted the formal extensive consultation with First Nations and the seven years of professional archaeological review that have taken place with respect to this property. The delegation provided a copy of his presentation, on file at Legislative and Information Services.

2. Eric McLay requested that, as is the First Nations’ custom, the Elders be allowed to speak first.

MOVED by Director Isitt, SECONDED by Alternate Director Gudgeon, That the speaking order be altered to allow the Elders to speak first. CARRIED UNANIMOUSLY

2. Chief Don Tom, Tsartlip First Nation, asked for the Board support to prevent any further desecration and disrespect to First Nations burial sites.

3. Chief William Seymour, Cowichan Tribes, spoke to the history of the First Nations who established village sites and burial sites on the gulf islands. He provided examples of different approaches by developers when First Nations burial sites were identified, He felt that the Heritage Act was not strong enough to ensure that First Nations burial sites are not moved or disturbed.

4. Chief Vern Jacks, Tseycum First Nation, asked the Board to work with First Nations to protect First Nations burial sites.

5. Eric McLay, archaeologist, referred to his letter in response to a July 25, 2014 letter from legal counsel for the property owner, in which he pointed to physical evidence and associated contextual information to support the fact that Grace Islet is an ancient Coast Salish burial islet, or cemetery. He reviewed his involvement with the Grace Islet site including notifying the provincial government in 2006 about the existence of possible First Nations burial cairns and bones, and in 2012 about large scale clearance on the site.

6. Dr. Darcy Mathews on behalf of Tsawout First Nation, spoke to the methods used and features of a First Nations burial site or cemetery. In concluding with respect to Grace Islet, Dr. Mathews noted the importance of maintaining the integrity of the cemetery, the need to respect the connection to living descendants, and the need to protect the burial cairns. The delegation provided a copy of his PowerPoint presentation, on file at Legislative and Information Services.

7. Gary Holman, MLA, Saanich & The Islands, referenced his letter of August 7 to the CRD Board regarding the proposal to purchase Grace Islet through an expropriation process to protect the First Nations burial site. He believed the Regional Parks Strategic Plan could provide the authority and that a coalition of different partners could be established to fund raise for the purchase of the property.

8. Larry Wartels, Social Environmental Alliance, spoke in favour of expropriation of the site as a business owner.

9. Ron Pither, Coast Islands Conservancy, was unable to arrive in time to speak. The delegation had provided a copy of his notes, on file at Legislative and Information Services.

10. Joe Akerman, spoke against desecration of the First Nations burial site and in favour of expropriation.

Director Isitt left the meeting at 2:47 pm.

5. REPORTS OF COMMITTEES

5.1 CORE AREA LIQUID WASTE MANAGEMENT COMMITTEE – August 13, 2014

1. Consideration of Amendments to the Liquid Waste Management Plan - Core Area And Western Communities Service Establishment Bylaw

MOVED by Director Young, SECONDED by Director Derman, That the motion previously adopted by the Board on July 9, 2014 be amended to delete the following: “And, that staff be directed to use communication tools to provide information directly to Esquimalt residents and solicit feedback from Esquimalt residents, regarding the above offer.” CARRIED

Proposed Bylaw No. 3971, to amend the Liquid Waste Management Core Area and Western Communities Service Establishment Bylaw, was not forwarded by Committee to the Board.

2. Seaterra Budget Update No. 14

MOVED by Director Young, SECONDED by Director Wergeland, That the Seaterra Program and Budget update No. 14 be received for information. CARRIED

3. Motion with Notice: - Options For Wastewater Treatment - Director Hamilton

Item was postponed by Committee and therefore withdrawn from the Board agenda.

5.2 ELECTORAL AREA SERVICES COMMITTEE – July 16, 2014

1. Renewed Federal Gas Tax Agreement 2014-2024

MOVED by Director McIntyre, SECONDED by Director Howe, a) That the Board enter into the 2014-2024 Community Works Fund Agreement (CWF Agreement) with the Union of BC Municipalities; b) That the funds received through the CWF Agreement be allocated to the Electoral Areas on a population basis using the most recent census data; and c) That CRD Staff be directed to prepare, in collaboration with Electoral Area Directors, a framework for updating the CRD gas tax funding administration procedure; and that the procedure be recommended to the Board for approval at the October 8, 2014 Board meeting. CARRIED

2. Bylaw 3955 - Contribution Service Establishment for the Galiano Health Care Centre

MOVED by Director Howe, SECONDED by Director McIntyre, That Bylaw No. 3955, “Galiano Health Centre Contribution Service Establishment Bylaw No. 1, 2014” be introduced and read a first and second time. CARRIED

MOVED by Director Howe, SECONDED by Director McIntyre, That Bylaw No. 3955 be read a third time. CARRIED

MOVED by Director Howe, SECONDED by Director McIntyre, That CRD staff be directed to implement the elector approval process under Section 801.2 of the Local Government Act in concurrence with the 2014 BC Local Government Election. CARRIED

3. Grants-In-Aid

MOVED by Director Howe, SECONDED by Director McIntyre, That the following grants-in-aid application be approved for payment: Juan de Fuca Electoral Area Grants-in-Aid as approved by Director Hicks • Rotary Club of Sooke $1,500 CARRIED

Director Howe left the meeting at 2:49 pm.

5.3 JUAN DE FUCA LAND USE COMMITTEE – VOTING BLOCK A – July 16, 2014

1. Official Community Plan Amendment and Rezoning Application – Z-02-14 - Lot A, Section 51, Otter District, Plan VIP89485 (4039 Otter Point Road – Ireland)

MOVED by Alternate Director Vowles, SECONDED by Alternate Director Kasper, That proposed Bylaw No. 3963, “Official Community Plan for Otter Point Bylaw No. 1, 2010, Amendment Bylaw No. 1, 2014” and proposed Bylaw No. 3964, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 121, 2014”, as included in Appendix 2 and 3, be referred to appropriate CRD departments and the following agencies for comment:

• BC Hydro
• Cowichan Valley Regional District
• District of Sooke
• Island Health
• Ministry of Transportation and Infrastructure
• Otter Point Advisory Planning Commission
• Otter Point Fire Department
• RCMP
• Sooke School District #62
• T’Sou-ke First Nation

CARRIED

Directors Howe and Isitt returned to the meeting at 2:50 pm.

5.4 PLANNING, TRANSPORTATION AND PROTECTIVE SERVICES COMMITTEE – July 23, 2014

1. Determination of Regional Growth Strategy Consistency for the Amended Land Use Bylaw for the Rural Resource Lands, Bylaw No. 3602 (PPS/RSP 2014-15)

MOVED by Alternate Director Vowles, SECONDED by Director Leonard, That the proposed Bylaw No. 3958, to amend the Rural Resource Lands Land Use Bylaw No. 3602, be reviewed as it relates to the Regional Growth Strategy (RGS) and deemed consistent with the RGS. CARRIED

2. Regional Deer Management Strategy (RDMS) Pilot Project Extension Request (PPS/RSP 2014-16)

There was discussion on the benefits for the other municipalities in the region if the project extension to Oak Bay was approved.

MOVED by Director Daly, SECONDED by Director Hill, That the CRD extend support for implementation of the RDMS pilot project to March 2015, with funding from internal reserves. CARRIED Alto, Isitt, Sifert, Wergeland OPPOSED

6. ADMINISTRATION REPORTS

6.1 Clean Air Bylaw No. 3962 and Summary of Public Feedback

MOVED by Director Derman, SECONDED by Director Wergeland, That the summary of public feedback on the proposed Clean Air Bylaw No. 3962 (Appendices B, C and D attached to the staff report) be received for information. CARRIED

There was discussion on the inclusion of rural parkland in the bylaw.

MOVED by Director Isitt, SECONDED by Director McIntyre, That proposed Bylaw No. 3962 “Capital Regional District Clean Air Bylaw No. 1, 2014” be referred back to staff to strike the references to beaches and to allow the local government authorities to include beaches if desired. DEFEATED Alto, Brice, Brownoff, Bryson, Cross, Daly, Derman, Desjardins, Gramigna, Gudgeon, Hamilton, Hill, Howe, Jensen, Kasper, Leonard, Seaton, Sifert, Wergeland, Williams OPPOSED

MOVED by Director Desjardins, SECONDED by Alternate Director Gudgeon, That proposed Bylaw No. 3962 “Capital Regional District Clean Air Bylaw No. 1, 2014” be amended by: a) adding “by a local government” to the definition of park in Section 1. INTERPRETATION; b) changing 6(a) to 6(1) in Section 6(2); c) replacing the wording of Section 10 as follows: “The effect of this Bylaw is suspended until April 1, 2015 and this Bylaw shall come into force effective April 1, 2015”; and, d) changing “APPROVED BY” to “DEPOSITED WITH” the Minister of Health. CARRIED Isitt OPPOSED

MOVED by Director Desjardins, SECONDED by Alternate Director Gudgeon, That Bylaw No. 3962 “Capital Regional District Clean Air Bylaw No. 1, 2014”, as amended, be read a third time. CARRIED Isitt, Young OPPOSED

6.2 Dedication of Land as Regional Park – CRD Bylaw No. 3950

MOVED by Director Howe, SECONDED by Director Brice, That Bylaw No. 3950, “Regional Parkland Dedication Bylaw No. 1, 2014”, be introduced and read a first and second time. CARRIED

MOVED by Director Howe, SECONDED by Director Brice, That Bylaw No. 3950 be read a third time. CARRIED

MOVED by Director Howe, SECONDED by Director Brice, That Bylaw No. 3950 be adopted. CARRIED

6.3 Public Hearing Report on Bylaw No. 3922, “Juan De Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 118, 2014 - Board Voting Block A

MOVED by Alternate Director Vowles, SECONDED by Director Alternate Kasper, That the minutes that form the Report of the Public Hearing, which is certified as a fair and accurate summary of the representations that were made at the Public Hearing held on July 16, 2014 on Bylaw No. 3922, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 118, 2014” be received. CARRIED

MOVED by Alternate Director Vowles, SECONDED by Alternate Director Kasper, That Bylaw No. 3922 be read a third time. CARRIED

Director Cross left the meeting at 3:08 pm.

6.4 Public Hearing Report on Bylaw No. 3929, “Comprehensive Community Development Plan for Port Renfrew, Bylaw No. 1, 2003, Amendment Bylaw No. 6, 2014” - Board Voting Block A

MOVED by Alternate Director Vowles, SECONDED by Alternate Director Kasper, That the minutes that form the Report of the Public Hearing, which is certified as a fair and accurate summary of the representations that were made at the Public Hearing held on July 16, 2014 for Bylaw No. 3929, “Comprehensive Community Development Plan for Port Renfrew, Bylaw No. 1, 2003, Amendment Bylaw No. 6, 2014” be received. CARRIED

MOVED by Alternate Director Vowles, SECONDED by Alternate Director Kasper, That Bylaw No. 3929 be read a third time. CARRIED

6.5 Public Hearing Report on Bylaw No. 3819, “Otter Point Official Community Plan Bylaw No. 1, 2014” - Board Voting Block A

MOVED by Alternate Director Vowles, SECONDED by Alternate Director Kasper, That the minutes that form the Report of the Public Hearing, which is certified as a fair and accurate summary of the representations that were made at the Public Hearing held on August 6, 2014 for Bylaw No. 3819, “Otter Point Official Community Plan Bylaw No. 1, 2014”, be received. CARRIED

MOVED by Alternate Director Vowles, SECONDED by Alternate Director Kasper, That Bylaw No. 3189 be read a third time. CARRIED

Director Cross returned to the meeting at 3:10 pm.

6.6 Public Hearing Report on Bylaw No. 3849, “Juan de Fuca Electoral Area Land Use Bylaw, 1992, Amendment Bylaw No. 112, 2014” - Board Voting Block A

MOVED by Alternate Director Vowles, SECONDED by Alternate Director Kasper, That the minutes that form the Report of the Public Hearing, which is certified as a fair and accurate summary of the representations that were made at the Public Hearing held on August 6, 2014 for Bylaw No. 3849, “Juan de Fuca Electoral Area Land Use Bylaw, 1992, Amendment Bylaw No. 112, 2014” be received. CARRIED

MOVED by Alternate Director Vowles, SECONDED by Director Kasper, That Bylaw No. 3849 be read a third time. CARRIED

6.7 Municipal Finance Authority (MFA) Security Issuing Bylaw

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3966, “Security Issuing Bylaw No. 4, 2014”, in the amount of $1,800,000, be introduced and read a first and second time. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3966 be read a third time. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3966 be adopted. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3967, “Security Issuing Bylaw No. 5, 2014”, in the amount of $1,085,540, be introduced and read a first and second time. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3967 be read a third time. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3967 be adopted. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3968, “Security Issuing Bylaw No. 6, 2014”, in the amount of $7,125,000, be introduced and read a first and second time. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3968 be read a third time. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3968 be adopted. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3969, “Security Issuing Bylaw No. 7, 2014”, in the amount of $1,200,000, be introduced and read a first and second time. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3969 be read a third time. CARRIED

MOVED by Director Leonard, SECONDED by Director Howe, That Bylaw No. 3969 be adopted. CARRIED

6.8 Request for Approval to Commence Remedial Action to Remove Hazardous Structures at 2661 Fulford Ganges Road, Salt Spring Island, BC

MOVED by Director McIntyre, SECONDED by Director Howe, That the Board order remedial action, as outlined in attachment 2 of the staff report, to address the hazardous condition and to bring the property into compliance with the Provincial Building Regulation, the BC Fire Code, Section 5.6 of Division B and Bylaw under Division 2 of Part 21 of the Local Government Act [Capital Regional District Regulation Bylaw No. 5, 2010 (Bylaw 3741)]. CARRIED

6.9 Procurement of a Fire Truck for the Pender Island Fire Department

MOVED by Director Howe, SECONDED by Director Isitt, That the fire truck acquisition from HME Incorporated for the price of $223,000 plus taxes and duties be approved. CARRIED

6.10 Completion of Regional Transportation Plan

There was discussion regarding:

• the need to protect existing community values along transportation corridors (Principle 7)
• consultation and inclusion of municipal comments and concerns in the Regional Transportation Plan (RTP)
• stakeholders involved in developing the RTP, and their involvement in future planning initiatives
• planning for rail
• transportation governance

MOVED by Director Alto, SECONDED by Director Howe, That the Regional Transportation Plan be approved; and that staff be directed to determine the operational details associated with implementing a new transportation service and consolidating existing transportation functions under a new service authority and report back with recommendations. CARRIED Desjardins OPPOSED

6.11 Galiano Health Care Centre Assent Voting for Bylaw 3955

MOVED by Director Howe, SECONDED by Director McIntyre,

1. That Thomas F. Moore be appointed as Chief Election Officer with the power to appoint a Deputy Chief Election Officer(s);
2. That the wording of the bylaw question for the purposes of the ballot shall be as follows:

Are you in favour of the Capital Regional District (CRD) Board adopting Bylaw No. 3955, “Galiano Health Care Centre Contribution Service Establishment Bylaw No. 1, 2014” authorizing the CRD to establish a service to contribute to the costs incurred by the Galiano Health Care Society in operating and maintaining the Galiano Health Care Centre building and to raise a maximum annual requisition of the greater of EIGHTY SIX THOUSAND FIVE HUNDRED FIFTY DOLLARS ($86,550) or $0.19 per ONE THOUSAND DOLLARS ($1,000.00) of taxable land and improvements for the purpose of funding the operating costs of the service. YES or NO?;

3. That General Voting Day be held on Saturday, November 15, 2014 with the Advance Voting opportunities held on Wednesday, November 5 and Wednesday, November 12 at voting places to be determined by the Chief Election Officer; and
4. That the synopsis of Bylaw No. 3956, attached as Appendix A, be approved for advertising purposes. CARRIED

6.12 Salt Spring Island Transportation Service Assent Voting for Bylaw No. 3956

MOVED by Director McIntyre, SECONDED by Director Howe,

1. That third reading of Bylaw No. 3956, Salt Spring Island Community Transit and Transportation Service Establishment Bylaw No. 1, 2007, Amendment Bylaw No. 3, 2014, be rescinded. CARRIED

MOVED by Director McIntyre, SECONDED by Director Howe, 2) That Bylaw No. 3956 be amended by:

• Adding the following phrase to Whereas recital B, “for the years 2015 through and including 2018,”
• Deleting Whereas recital C
• Renumbering Whereas recital D and E as C and D, respectively
• Not replacing 5(2) but adding new Sections 5(3) and 5(4) as follows:

“(3) In accordance with section 800.1(1)(e) of the Local Government Act, and despite the provisions of Section 5(2), for the years 2015 through and including 2018, the maximum amount that may be requisitioned for the cost of the Transportation Service is the greater of: (a) Three Hundred Ninety-Six Thousand Two Hundred Fifty Dollars ($396,250); or (b) an amount equal to the amount that could be raised by a property value tax rate of $1.346 per One Thousand ($1,000.00) dollars applied to the net taxable value of land and improvements in the Service Area. (4) For greater certainty, for the year 2019 and following, the maximum amount that may be requisitioned for the cost of the Transportation Service shall again be as provided under Section 5(2).” CARRIED

MOVED by Director McIntyre, SECONDED by Director Howe, 3) That Bylaw No. 3956, as amended, be read a third time. CARRIED

Alternate Directors Gudgeon and Williams left the meeting at 3:42 pm.

MOVED by Director McIntyre, SECONDED by Director Howe, 4) Thomas F. Moore be appointed as Chief Election Officer with the power to appoint a Deputy Chief Election Officer(s); 5) That the wording of the bylaw question for the purposes of the ballot shall be as follows:

Are you in favour of the Capital Regional District Board adopting Bylaw No. 3956, “Salt Spring Island Community Transit and Transportation Service Establishment Bylaw No. 1, 2007, Amending Bylaw No. 3, 2014” authorizing the CRD to increase the maximum annual requisition for the transportation service until 2018 so that it will be the greater of THREE HUNDRED NINETY-SIX THOUSAND DOLLARS ($396,250) or $1.346 per ONE THOUSAND DOLLARS ($1,000.00) of taxable land and improvements for the purpose of funding the capital and operating costs of the transportation service, including implementation of the North Ganges Village Transportation Management Plan Phase 2. YES or NO?;

6. That General Voting Day be held on Saturday, November 15, 2014 with the Advance Voting opportunities held on Wednesday, November 5 and Wednesday, November 12 at voting places to be determined by the Chief Election Officer; and
7. That the synopsis of Bylaw No. 3956, attached as Appendix B to the staff report, be approved for advertising purposes. CARRIED

7. BYLAWS

7.1 Bylaw No. 3934, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 120, 2014” - VOTING BLOCK A

Alternate Director Vowles left the meeting at 3:42 pm citing a conflict of interest because a family member owns the property in question.

MOVED by Director Seaton, SECONDED by Alternate Director Siftert, That Bylaw No. 3934 be adopted. CARRIED

Alternate Director Vowles returned to the meeting at 3:44 pm.

8. NEW BUSINESS

For the record, Director Isitt submitted a petition which had been signed by 1,494 persons calling for the CRD to expropriate Grace Islet to protect the First Nations burial ground.

9. MOTION TO CLOSE THE MEETING

Director Seaton left the meeting at 3:45 pm.

MOVED by Director Derman, SECONDED by Director Brice, 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 (Items 3.2, 4.1); (e) the acquisition, disposition or expropriation of land or improvements (Items 3.1; 3.3, 3.4, 5.1); (i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Item 3.4). CARRIED

The Board moved to closed session at 3:45 pm and rose with report at 5:20 pm.

10. RISE AND REPORT

10.1 Appointment to Mayne Island Parks and Recreation Commission

Al Cannon was appointed to the Mayne Island Parks and Recreation Commission for a term to expire December 31, 2014.

10.2 Protection of First Nations Burial Ground at Grace Islet, Salt Spring Island Electoral Area - Director Isitt

That the Board rise and report at the discretion of the Chair on the decision to not proceed with expropriation, and that special consideration be given by the Aboriginal Initiatives Division for appropriate outreach with the First Nations to communicate the limitations of the CRD’s ability to act in this matter.

11. ADJOURNMENT

MOVED by Director Leonard, SECONDED by Director Brice, That the meeting be adjourned at 5:20 pm. CARRIED

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CHAIR

CERTIFIED CORRECT:

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CORPORATE OFFICER