Minutes of a Meeting of the Capital Regional District Board (June 11, 2014)

Minutes of a Meeting of the Capital Regional District Board

held Wednesday, June 11, 2014 and continued on June 18, 2014 in the Board Room, 625 Fisgard Street, Victoria, BC

PRESENT: Directors: A. Bryson (Chair), D. Blackwell (Vice Chair), M. Alto, S. Brice, L. Cross (until 2:45), T. Daly, V. Derman, B. Desjardins, D. Fortin, C. Hamilton, G. Hill, D. Howe, M. Hicks (1:50 pm), B. Isitt, J. Herbert (for N. Jensen until 2:30), F. Leonard, M. Loveless (for L. Cross from 3:00), W. McIntyre, J. Mendum, N. Jensen (2:30), W. Milne, J. Ranns, L. Seaton, L. Wergeland and G. Young Staff: R. Lapham, Chief Administrative Officer; L. Hutcheson, General Manager, Parks and Environmental Services; D. Lokken, General Manager, Finance and Technology; T. Robbins, General Manager, Integrated Water Services; K. Lorette, General Manager, Planning and Protective Services; A. Bains, Manager, Information Services; S. Norton, Deputy Corporate Officer, B. Parnell (Recorder)

ABSENT: Director: J. Brownoff

The Chair called the meeting to order at 1:41 pm.

1. APPROVAL OF THE AGENDA

MOVED by Director Brice, SECONDED by Director Daly, That the agenda be approved as amended:

• postpone 5.1 to continued meeting on June 18;
• withdraw Item 5.2.2
• add the supplementary agenda. CARRIED

2. ADOPTION OF MINUTES OF MAY 14, 2014

MOVED by Director Derman, SECONDED by Director Seaton, That the minutes of the meeting of May 14, 2014 be adopted. CARRIED

3. REPORT OF THE CHAIR

Chair Bryson remarked on the recent passing of Hugh Curtis, who was the first Chair of the CRD. Director Leonard advised that Hugh Curtis had been a Saanich Alderman, Reeve and Mayor, and then an MLA where he was a Minister of Finance and Minister of Municipal Affairs. He then outlined the many achievements of Mr. Curtis is these positions.

4. PRESENTATIONS/DELEGATIONS

4.1 PRESENTATIONS

1. Ed Macgregor Memorial Bursary 2014 Recipient

Chair Bryson presented the bursary to Trevor Calton.

MOVED by Director Blackwell, SECONDED by Director Brice, That the Capital Regional District Board recognize the recommendation of the Saanich School District No. 63 Selection Committee to award the 2014 Ed MacGregor Memorial Bursary to Mr. Trevor Calton. CARRIED

4.2 DELEGATIONS

1. Louise Gage, re Item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.
2. Hildegard Horie, re Item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
3. Bert Slater, re Item 6.1 – withdrawn.
4. Graham Rogers, re agenda item 6.1 – withdrawn.
5. Elsie McMurphy, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.

Director Fortin left the meeting at 2 pm.

6. Bernadette Green, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
7. Anthony Harrison, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.
8. Constance Wylie, re agenda item 6.1 – withdrawn.
9. Ray Zimmerman, Sea to Sea Greenbelt Society, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.
10. Donnamae Wilson, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
11. Patrick Godfrey, re agenda item 6.1 – withdrawn.
12. Alice Finall, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
13. Noreen Campbell, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.
14. Lorrene Soellner, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.

Director Jensen entered the meeting at 2:30 pm, and his alternate, J. Herbert, left the meeting.

15. Gil Soellner, re agenda item 6.1 – withdrawn.
16. Jack Thornburgh, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of his presentation, on file at Legislative and Information Services.
17. Ian Brown, Saanich Peninsula Chamber of Commerce, re agenda item 6.1, spoke in favour of CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.

Director Cross left the meeting at 2:45 pm.

18. Brian Taylor, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.
19. Justine Gage, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.
20. Lydia Wingate, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
21. Vernon Williams, re agenda item 5.2.1, spoke against proposed CRD Bylaw No. 3855, Noise Suppression Bylaw (Salt Spring Island) Amendment. The delegation provided a copy of his presentation, on file at Legislative and Information Services.
22. Nathalie Chambers, Madrona Farm, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.

Alternate Director Loveless entered the meeting at 3:00 pm.

23. David Henshall, re agenda item 5.2.1, spoke in favour of proposed CRD Bylaw No. 3855, Noise Suppression Bylaw (Salt Spring Island) Amendment. The delegation provided a copy of his presentation, on file at Legislative and Information Services.
24. Lesley Ewing, re agenda item 5.1.2-5, spoke about the process that arrived at the decision for a centralized wastewater treatment plant and called for a non-binding referendum question.
25. Sandra Phillips, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
26. Phil Morris, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.
27. Robert Hizsa, re agenda item 5.2.1, spoke against proposed CRD Bylaw No. 3855, Noise Suppression Bylaw (Salt Spring Island) Amendment. The delegation provided a copy of his presentation, on file at Legislative and Information Services.
28. Irfane Fancey, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
29. Brian Milne, Neighbours of Salt Spring Island Gun Club, re agenda item 5.2.1, spoke against proposed CRD Bylaw No. 3855, Noise Suppression Bylaw (Salt Spring Island) Amendment. The delegation provided a copy of his presentation, on file at Legislative and Information Services.
30. Greg Harney, re agenda item 5.2.1 – withdrawn.
31. David Olsen, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of his presentation, on file at Legislative and Information Services.
32. Celia Stock, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.
33. Heather Gartshore, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
34. Joan Adam, re agenda item 6.1 – withdrawn.
35. Norma Brown, re agenda item 5.1.3, spoke about the process that arrived at the decision for a centralized wastewater treatment plant.
36. Donna Robinson, re agenda item 6.1, spoke against CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
37. Kyle Shick, re agenda item 6.1, spoke in favour of CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352. The delegation provided a copy of her presentation, on file at Legislative and Information Services.
38. Silvia Bonet, re agenda item 6.1, spoke in favour of CRD acceptance of the North Saanich Regional Context Statement contained in North Saanich Bylaw No. 1352.

5. COMMITTEE REPORTS

5.1 CORE AREA LIQUID WASTE MANAGEMENT COMMITTEE – June 11, 2014

Items postponed to the continued meeting on June 18, 2014.

5.2 ELECTORAL AREA SERVICES COMMITTEE – May 21, 2014

1. Salt Spring Island Noise Suppression Bylaw

The history of the existence of the Salt Spring Island Rod and Gun Club, the conflict with neighbours because of noise levels and duration, the outcome of recent court rulings, and the setting of the maximum decibel level in the bylaw were discussed.

MOVED by Director Hicks, SECONDED by Director McIntyre,

1. That Bylaw No. 3855, “Noise Suppression Bylaw (Salt Spring Island) No. 1, 2006, Amendment Bylaw No. 1, 2014”, be introduced and read a first and second time. CARRIED Desjardins OPPOSED

MOVED by Director Hicks, SECONDED by Director McIntyre, 2) That the Islands Trust be informed that any further land use restrictions with respect to hours and days of the gun range operation are the responsibility of the Islands Trust. CARRIED

2. Community Works Fund Allocation – Juan de Fuca (JDF) Water Distribution System Bulk Water Dispensing Station

Item withdrawn from the agenda.

3. Grants-In-Aid

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

a) Juan de Fuca Grant-in-Aid as approved by Director Hicks

• Juan de Fuca Rural Publication Society: $ 2,000
• Navy League of Canada Sooke Branch: $ 500
• Sooke Fine Arts Society: $ 2,000

b) Southern Gulf Islands Grant-in-Aid as approved by Director Howe

• Pender Island Child Care Society: $ 2,500
• Village Bay Improvement Association: $ 4,000
• Mayne Island Integrated Water Systems: $ 2,000

c) Salt Spring Island Grant-in-Aid as approved by Director McIntyre

• Ruckle Heritage Farm Day: $ 1,500
• Salt Spring Trail and Nature Club: $ 2,400

CARRIED

5.3 ENVIRONMENTAL SERVICES COMMITTEE – May 28, 2014

1. Waste Flow Management – Overview of Implications for the Capital Regional District (ERM 14-23)

During discussion, it was noted that the intention of recommendation 2) is to support the ability of local government to implement a waste flow management bylaw if they choose to do so. For the CRD to implement such a bylaw, there would have to be public consultation and a change to the Solid Waste Management Plan.

MOVED by Director Jensen, SECONDED by Director Isitt,

1. That staff report ERM 14-23 on waste flow management implications for the CRD be received for information; and
2. That the Board Chair send a letter to the Minister of Environment supporting local government authority to implement a bylaw enabling waste flow management.

Chair Bryson divided the vote.

The question was called on 1). CARRIED

The question was called on 2). CARRIED Blackwell, Bryson, Desjardins, Hamilton, Hicks, Leonard, Mendum, Milne, Seaton OPPOSED

2. Environmental Resource Management – 2013 Annual Report (ERM 14-21)

MOVED by Director Jensen, SECONDED by Director Derman, That the Environmental Resource Management 2013 Annual Report be received for information. CARRIED

3. Climate Action Program – 2013 Annual Report and 2014 Update (EEP 14-25)

Director Blackwell left the meeting at 4:12 pm.

MOVED by Director Jensen, SECONDED by Director Brice, That the Climate Action Program 2013 Annual Report be received for information. CARRIED

4. Regional Source Control Program – Five-Year Plan Update (EPT 14-20)

MOVED by Director Jensen, SECONDED by Director Desjardins, That the Regional Source Control Program Five-Year Plan Update be received for information. CARRIED

5. Bowker Creek Initiative – 2013 Annual Report (EEP 14-22)

MOVED by Director Jensen, SECONDED by Director Derman, That the Bowker Creek Initiative 2013 Annual Report be received for information. CARRIED

5.4 FINANCE COMMITTEE – June 4, 2014

1. Capital Regional District 2013 Audit Findings Report and Statement of Financial Information

MOVED by Director Leonard, SECONDED by Director Milne, That the Capital Regional District 2013 Statements of Financial Information (SOFI) be approved. CARRIED

2. Capital Regional District (CRD) 2013 Financial Performance

Director Blackwell returned to the meeting at 4:15 pm.

MOVED by Director Leonard, SECONDED by Director Alto, That the Capital Regional District (CRD) 2013 Financial Performance report be received for information. CARRIED

5.5 JUAN DE FUCA LAND USE COMMITTEE – VOTING BLOCK A – May 20, 2014

1. Proposed Bylaw – Board Voting Block A Bylaw No. 3849, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 112, 2014”

MOVED by Director Hicks, SECONDED by Director Milne, That proposed Bylaw No. 3849, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 112, 2014" be introduced and read a first time and read a second time. CARRIED

MOVED by Director Hicks, SECONDED by Director Milne, 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 the Alternate Director, be delegated authority to hold a public hearing with respect to Bylaw No. 3849. CARRIED

2. Proposed Bylaw – Board Voting Block A Bylaw No. 3958, “Land Use Bylaw for the Rural Resource Lands, Bylaw No. 1, 2009, Amendment Bylaw No. 4, 2014"

MOVED by Director Hicks, SECONDED by Director Milne,

1. That proposed Bylaw No. 3958, “Land Use Bylaw for the Rural Resource Lands, Bylaw No. 1, 2009, Amendment No. 4, 2014", as included in Appendix 1 of the staff report and as amended, be referred to appropriate CRD departments and the following agencies for comment: School District #62, Ministry of Transportation & Infrastructure, Cowichan Valley Regional District, and District of Sooke.
2. That proposed Bylaw No. 3958, to amend the Land Use Bylaw for the Rural Resource Lands, Bylaw No. 3602, as amended, be referred to the full CRD Board for a determination of consistency with the Regional Growth Strategy in accordance with the Juan de Fuca Development Procedure Bylaw No. 3110. CARRIED

5.6 REGIONAL PARKS COMMITTEE – May 21, 2014

1. Capital Projects Work Plan Approval

MOVED by Director Brice, SECONDED by Director Blackwell, That the 11 projects, as amended, identified in the June 11, 2014 staff report as part of the 2014 capital projects work plan be approved to proceed and that funds be transferred from the capital reserve for these projects. CARRIED

2. Thetis Lake Pistol Range Remediation Project Update

MOVED by Director Brice, SECONDED by Director Hill, That the transfer of $161,280 from the Thetis Lake Pistol Range Remediation Reserve Fund to the Regional Parks Capital Fund be approved. CARRIED

6. ADMINISTRATION REPORTS

6.1 Regional Context Statement Amendment for the District of North Saanich

MOVED by Director Daly, SECONDED by Director Hicks, That the District of North Saanich be notified that the Board has reviewed proposed Bylaw No. 1352 (REVISED) (2014) as it relates to the Regional Growth Strategy and accepts the Regional Context Statement.

It was noted that there was not enough time to allow for full discussion on the motion.

MOVED by Director Ranns, SECONDED by Director Derman, That consideration of the previous motion be postponed to the continued meeting on June 18, 2014. CARRIED Blackwell, Bryson, Daly, Hicks, Wergeland, Jensen, Seaton, Young OPPOSED

Director Desjardins left the meeting at 4:30 pm.

MOVED by Director Jensen, SECONDED by Director Blackwell, That the meeting time be extended to consider items 6.2 and 6.3. CARRIED

6.2 Public Hearing Report on Bylaw No. 3923, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 119, 2014” - Board Voting Block A

MOVED by Director Hicks, SECONDED by Director Blackwell, That the attached minutes that form the Report of the Public Hearing, which are certified as a fair and accurate summary of the representations that were made at the Public Hearing held on June 2, 2014 for Bylaw No. 3923, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 119, 2014”, be received. CARRIED

MOVED by Director Hicks, SECONDED by Director Blackwell, That Bylaw No. 3923 be read a third time. CARRIED

6.3 Public Hearing Report on Bylaw No. 3934, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 120, 2014” - Board Voting Block A

MOVED by Director Hicks, SECONDED by Director Blackwell, That the attached minutes that form the Report of the Public Hearing, which are certified as a fair and accurate summary of the representations that were made at the Public Hearing held on June 2, 2014 for Bylaw No. 3934, “Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 120, 2014”, be received. CARRIED

MOVED by Director Hicks, SECONDED by Director Blackwell, That Bylaw No. 3934 be read a third time. CARRIED

7. NEW BUSINESS – None.

8. ADJOURNMENT

MOVED by Director Hill, SECONDED by Director Blackwell, That the meeting be adjourned and continue on Wednesday, June 18 at 11:00 am, following the Core Area Liquid Waste Management Committee meeting. CARRIED

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The meeting was reconvened on Wednesday, June 18, 2014, at 11:16 am in the same location.

PRESENT: Directors: A. Bryson (Chair), D. Blackwell (Vice Chair), M. Alto, S. Brice, J. Brownoff, T. Daly, V. Derman, B. Desjardins, D. Fortin, C. Hamilton, G. Hill, D. Howe, M. Hicks, B. Isitt, N. Jensen, M. Loveless (for L. Cross), W. McIntyre, J. Mendum, W. Milne, J. Ranns, V. Sanders (for F. Leonard), L. Seaton, L. Wergeland 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; T. Robbins, General Manager, Integrated Water Services; S. Bagh, Senior Manager, Regional and Strategic Planning; C. Neilson, Senior Manager, Human Resources; S. Henderson, Manager, Real Estate; S. Santarossa, Corporate Officer; S. Norton, Deputy Corporate Officer (Recorder) Also Present: A. Sweetnam, Seaterra Program; C. Stewart, CRD solicitor.

5.1 CORE AREA LIQUID WASTE MANAGEMENT COMMITTEE – June 11, 2014

1. Macaulay and Clover Points – Application for Transitional Authorization to Discharge Deleterious Substances under the Federal Wastewater Systems Effluent Regulations

MOVED by Director Young, SECONDED by Director Blackwell, That staff be directed to complete the request for a transitional authorization, prior to June 30, 2014, based on the existing approved Core Area Liquid Waste Management Plan and indicate in the application that an amendment may be submitted if a revised Core Area Liquid Waste Management Plan is approved. CARRIED

2. Implications of the Minister’s Decision on the Seaterra Program 3. Alternative Approaches to Address the Ministers’ Decision on the McLoughlin Rezoning 4. Seaterra Program and Budget Update No. 12 5. Motion with Notice: Seaterra Program and Core Area Liquid Waste Management Plan

Items 2 to 5 were withdrawn because they were not forwarded by the Core Area Liquid Waste Management Committee.

6.1 Regional Context Statement Amendment for the District of North Saanich

MOVED by Director Daly, SECONDED by Director Hicks, That the District of North Saanich be notified that the Board has reviewed proposed Bylaw No. 1352 (REVISED) (2014) as it relates to the Regional Growth Strategy and accepts the Regional Context Statement.

Speaking to the staff report, Ms. Bagh outlined the factors that were considered for staff to recommend that the changes to the Regional Context Statement were not, on balance, inconsistent with the Regional Growth Strategy (RGS).

On the motion, the following issues were discussed:

• The process whereby CRD Board considers consistency with the RGS prior to the public hearing on the North Saanich OCP amendment bylaw.
• The current nature of the affected areas and whether the growth is consistent with the RGS.

MOVED by Director Blackwell, SECONDED by Director Milne, That the question on the motion be called. CARRIED

The question on the motion was called. CARRIED Alto, Brownoff, Derman, Desjardins, Fortin, Hill, Isitt, Mendum, Ranns, Sanders OPPOSED

8. MOTION TO CLOSE THE MEETING

MOVED by Director Blackwell, 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 4.2.1, 5.1); (e) the acquisition, disposition or expropriation of land or improvements if the Board considers that disclosure could reasonably be expected to harm the interests of the regional district (Item 4.1.3); (g) litigation or potential litigation affecting the regional district (Items 4.1.2, 4.3.1, 4.3.2); (i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose (item 4.1.1); 90(2) (b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party(Item 3). CARRIED

The Board moved to close the meeting at 12:53 pm and rose and reported at 2:20 pm.

9. RISE AND REPORT

9.1 Appointments to the Roundtable on the Environment

Cora Hallsworth, Blaine Juchau and Andrew Pape-Salmon were appointed to the Roundtable on the Environment for a two-year term to end June 30, 2016.

9.2 Appointments to CRD Committees and Commissions

The following persons were appointed to the Skana Water Service Committee, for a term to expire June 30, 2016: Brian Bovet, Jon Sanders; and The following persons were appointed to the Surfside Park Estates Water Service Committee for a term to expire June 30, 2016: Wesley Mulvin, Bernard Rochet.

9.3 Stairs to the Foreshore and Beach at Witty’s Lagoon Regional Park

1. That the stairs from Witty Beach Road to the foreshore adjacent to Witty’s Lagoon Regional Park be closed to public access and that access to the stairs be blocked at both ends and signage installed;
2. That staff investigate the feasibility to make the stairs safe for public use and report back to the Regional Parks Committee;
3. That $25,000 be transferred from the Regional Parks Capital Reserve for the feasibility study.

10. ADJOURNMENT

MOVED by Director Hill, SECONDED by Director Blackwell, That the meeting be adjourned at 2:20 pm. CARRIED

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CHAIR

CERTIFIED CORRECT:

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CORPORATE OFFICER