Capital Regional District Board Meeting Minutes - February 11, 2015

MOVED by Director McIntyre, SECONDED by Director Hicks, That the report regarding Salt Spring Island Noise Bylaw Enforcement be received for information. CARRIED

3. New Building Canada – Small Community Fund (SCF): Grant Application (Kemp Lake Waterworks District)

MOVED by Director Hicks, SECONDED by Director Tait, That the Capital Regional District Board endorse the New Building Canada – Small Community Fund grant application to cover up to a maximum of two-thirds of the project's grant eligible costs for the Juan de Fuca – Kemp Lake Water Main Extension Project and commit to completing, within six months, an alternative approval process to seek elector consent for the service establishment and loan authorization bylaws required to finance the CRD’s local share of the project as defined under the grant guidelines, if the grant application for the SCF funding is approved. CARRIED

4. New Building Canada – Small Community Fund (SCF): Grant Application for the Ganges Wastewater System Renewal Project

MOVED by Director McIntyre, SECONDED by Director Blackwell, That the Capital Regional District Board endorse the New Building Canada – Small Community Fund grant application to cover up to a maximum of two-thirds of the projects grant eligible costs for the Ganges Wastewater System Renewal Project and commit to completing a referendum process to seek elector consent for the loan authorization bylaw required to finance the Capital Regional District's share of the project as defined under the grant guidelines. CARRIED

MOVED by Director McIntyre, SECONDED by Director Blackwell, That Bylaw No. 4007, "Ganges Sewerage System Loan Authorization Bylaw No. 1, 2015" be introduced and read a first and second time. CARRIED

MOVED by Director McIntyre, SECONDED by Director Blackwell, That Bylaw No. 4007 read a third time. CARRIED

MOVED by Director McIntyre, SECONDED by Director Blackwell, That Capital Regional District staff implement referendum process under Section 801.2 of the Local Government Act if and when the grant application to the New Building Canada – Small Community Fund is approved. CARRIED

5. New Building Canada – Small Community Fund (SCF): Grant Application for the Magic Lake Estates Wastewater System Capital Renewal Project

MOVED by Director Howe, SECONDED by Director Screech, That the Capital Regional District Board endorse the New Building Canada – Small Community Fund grant application to cover up to a maximum of two-thirds of the projects grant eligible costs for the Magic Lake Estates Wastewater System Renewal Project and commit to completing a referendum process to seek elector consent for the loan authorization bylaw required to implement the project. CARRIED

MOVED by Director Howe, SECONDED by Director Screech, That Bylaw No. 4008, "Magic Lake Estates Wastewater Sewerage System Loan Authorization Bylaw No. 1, 2015" be introduced and read a first and second time. CARRIED

MOVED by Director Howe, SECONDED by Director Screech, That Bylaw No. 4008 be read a third time. CARRIED

MOVED by Director Howe, SECONDED by Director Screech, That Capital Regional District staff implement a referendum process under Section 801.2 of the Local Government Act. CARRIED

6. To Increase the Annual Requisitions for Salt Spring Island Swimming Pool Services and the Park, Land and Recreation Program Service

A replacement staff report with revised recommendations was distributed at the meeting.

MOVED by Director McIntyre, SECONDED by Director Tait, That Bylaw No. 4013, "Salt Spring Island Indoor Swimming Pool Facility Service Establishment Bylaw No. 1, 2004, Amendment Bylaw No. 1, 2015" be introduced and read a first and second time. CARRIED

MOVED by Director McIntyre, SECONDED by Director Tait, That Bylaw No. 4013 be read a third time. CARRIED

MOVED by Director McIntyre, SECONDED by Director Derman, That Bylaw No. 4013 be adopted. CARRIED

MOVED by Director McIntyre, SECONDED by Director Derman, That Bylaw No. 4014, "Salt Spring Island Parks, Arts and Recreation Facilities Local Service Establishment Bylaw No. 1, 1996, Amendment Bylaw No. 4, 2015" be introduced and read a first and second time. CARRIED

MOVED by Director McIntyre, SECONDED by Director Derman, That Bylaw No. 4014 be read a third time. CARRIED

MOVED by Director McIntyre, SECONDED by Director Derman, That Bylaw No. 4014 be adopted. CARRIED

5.3 FINANCE COMMITTEE – February 4, 2015

1. 2015 Finance Committee Terms of Reference

MOVED by Director Howe, SECONDED by Director Desjardins, 1) That the 2015 Finance Committee Terms of Reference be amended in Section 1.0, Purpose, to identify risk as a separate function and include insurance along with risk; and 2) That the 2015 Finance Committee Terms of Reference be approved as amended. CARRIED

2. Consolidated Capital Reserve Bylaw for the Fire Protection Local Services

MOVED by Director Howe, SECONDED by Director Brice, That Bylaw No. 3995, "Fire Protection Services Reserve Fund Bylaw, No. 1, 2015" be introduced and read a first and second time. CARRIED

MOVED by Director Howe, SECONDED by Director Brice, That Bylaw No. 3995 be read a third time. CARRIED

MOVED by Director Howe, SECONDED by Director Brice, That Bylaw No. 3995 be adopted. CARRIED

3. Bylaw No. 4009: Municipal Finance Authority (MFA) Security Issuing Bylaw – Spring 2015

MOVED by Director Howe, SECONDED by Director Brice, That Bylaw No. 4009, "Security Issuing Bylaw, No. 1, 2015" be introduced and read a first and second time. CARRIED

MOVED by Director Howe, SECONDED by Director Brice, That Bylaw No. 4009 be read a third time. CARRIED

MOVED by Director Howe, SECONDED by Director Brice, That Bylaw No. 4009 be adopted. CARRIED

4. Amendment to Salt Spring Island Market in the Park Fees and Charges Bylaw 3976

MOVED by Director McIntyre, SECONDED by Director Derman, That Bylaw No. 4012, "Capital Regional District Recreation Services and Facilities Fees and Charges Bylaw No. 1, 2009, Amendment Bylaw No. 7, 2015", be introduced and read a first and second time. CARRIED

MOVED by Director McIntyre, SECONDED by Director Derman, That Bylaw No. 4012 be read a third time. CARRIED

MOVED by Director McIntyre, SECONDED by Director Derman, That Bylaw No. 4012 be adopted. CARRIED

5. Grant Programs: Strategic Priority Fund (SPF) and Asset Management Planning Program (AMPP)

MOVED by Director Brice, SECONDED by Director Helps, That the report regarding Grant Programs: Strategic Priority Fund (SPF) and Asset Management Planning Program (AMPP) be received for information. CARRIED

5.4 JUAN DE FUCA LAND USE COMMITTEE – VOTING BLOCK A – January 20, 2015

1. Floodplain Exemption Application – Board Voting Block A FP-01-14 - Lot 3, Section 2, Renfrew District, Plan VIP83339 (Waters Edge Drive-Johns)

MOVED by Director Hicks, SECONDED by Director Tait, a) That floodplain exemption FP-01-14 for Lot 3, Section 2, Renfrew District, Plan VIP83339 for the purpose of constructing a single-family dwelling, as shown in Appendix 2, be granted subject to the following conditions: b) That the proposed development comply with the recommendations outlined in the professional geotechnical engineer's reports prepared by Levelton Consultants Ltd., dated November 29, 2012 (Appendix 3) and December 3, 2014 (Appendix 4); c) That the building setback be verified by survey prior to completion of the building permit; and d) That the professional geotechnical engineer's reports prepared by Levelton Consultants Ltd., dated November 29, 2012 and December 3, 2014, be secured via a restrictive covenant registered on title as part of the Building Permit process. CARRIED

2. Development Variance Permit Application – Board Voting Block A VAR-03-14 - Lot 28, Section 81, Renfrew District, Plan 24939 (2697 Seaside Drive – Harrison)

MOVED by Director Hicks, SECONDED by Director Blackwell, That Development Variance Permit VAR-03-14 for Lot 28, Section 81, Renfrew District, Plan 24939 to vary Juan de Fuca Land Use Bylaw, 1992, Bylaw No. 2040, Part 1, Section 4.01(d), by relaxing the front yard setback for accessory buildings from 15 m to 7.5 m for the purpose of constructing a detached garage as shown on the attached site plan and building plans (Appendices 2 and 3 of the staff report) be approved. CARRIED

3. Development Variance Permit Application – Board Voting Block A VAR-04-14 - Lot 9, Section 76, Renfrew District, Plan VIS4766 (Fishboat Bay Road – Norring)

MOVED by Director Hicks, SECONDED by Director Tait, That Development Variance Permit VAR-04-14 for Lot 9, Section 76, Renfrew District, Plan VIS4766 to vary Juan de Fuca Land Use Bylaw, 1992, Bylaw No. 2040, Part 2, Section 3.07, to relax the side yard setback for a principal building from 15 m to 10 m adjacent to the west property line and from 15 m to 13 m adjacent to the east property line, for the purpose of constructing a dwelling, as shown on the attached revised site plan and building plans (Appendix 3) be approved. CARRIED

4. Proposed Bylaw – Board Voting Block A Bylaw No. 3973, "Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 122, 2014"

MOVED by Director Hicks, SECONDED by Director Tait, That proposed Bylaw No. 3973, "Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 122, 2014", as amended, be introduced and read a first time and second time. CARRIED

MOVED by Director Hicks, SECONDED by Director Tait, 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. 3973. CARRIED

5.5 JUAN DE FUCA LAND USE COMMITTEE – VOTING BLOCK B – January 20, 2015

1. Proposed Bylaw – Board Voting Block B Bylaw No. 3960, "Malahat Land Use Bylaw, 1981, Amendment Bylaw No. 145, 2014"

MOVED by Director Hicks, SECONDED by Director Blackwell, That proposed Bylaw No. 3960, "Malahat Land Use Bylaw, 1981, Amendment Bylaw No. 145, 2014", as included in Appendix 1 of the staff report, be introduced and read a first and second time. CARRIED

MOVED by Director Hicks, SECONDED by Director Blackwell, 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. 3960. CARRIED

2. Proposed Bylaw – Board Voting Block B Bylaw No. 3996, "Comprehensive Community Plan for Willis Point Bylaw No. 1, 2002, Amendment Bylaw No. 4, 2015"

MOVED by Director Hicks, SECONDED by Director Blackwell, a) That proposed Bylaw No. 3996, Comprehensive Community Plan for Willis Point Bylaw No. 1, 2002, Amendment Bylaw No. 4, 2015, as included in Appendix 1 of the staff report, be referred to a public information meeting in the community, and to appropriate CRD departments and agencies for comment: * Cowichan Tribes * Malahat First Nation * Cowichan Valley Regional District * Ministry of Transportation and Infrastructure * District of Highlands * School District #63 * District of Saanich * Willis Point Fire Department * Island Health and b) That proposed Bylaw No. 3996, Comprehensive Community Plan for Willis Point Bylaw No. 1, 2002, Amendment Bylaw No. 4, 2015, as included in Appendix 1 of the staff report, 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 PLANNING, TRANSPORTATION AND PROTECTIVE SERVICES COMMITTEE – January 28, 2015

1. 2015 Planning, Transportation and Protective Services Committee Terms of Reference

Following discussion, it was agreed that Item 1(b) would be referred to staff to prepare a report for the Governance Committee, as follows: b) In Section 3.0, reword the second paragraph to: "All Board members or alternates are permitted to attend standing committee meetings and participate in discussion, but not vote, where an item of local significance is on the agenda..."

MOVED by Director Finall, SECONDED by Director Helps, 1) That the 2015 Planning, Transportation and Protective Services Committee Terms of Reference be amended as follows: a) In Section 1.0, insert the word "directly": "The Committee may also consider matters directly referred by the CRD Roundtable on the Environment." 2) That the 2015 Planning, Transportation and Protective Services Committee Terms of Reference be approved as amended. CARRIED

2. Determination of Regional Growth Strategy Consistency for the Port Renfrew Comprehensive Community Development Plan and Zoning Amendment

Director Hicks left the meeting at 2:34 pm stating a conflict of interest because his daughter is the owner of the Coastal Kitchen restaurant, the subject of the rezoning.

MOVED by Director Blackwell, SECONDED by Director Tait, That the proposed Bylaw No. 3986, "Comprehensive Community Development Plan for Port Renfrew, Bylaw No. 1, 2003, Amendment Bylaw No. 7, 2014", be reviewed as it relates to the Regional Growth Strategy (RGS) and deemed consistent with the RGS. CARRIED

5.7 REGIONAL HOUSING TRUST FUND COMMISSION – February 4, 2015

1. REGIONAL HOUSING TRUST FUND APPLICATION – SOCIETY OF SAINT VINCENT DE PAUL, ROSALIE'S VILLAGE, VICTORIA, BC

MOVED by Director Isitt, SECONDED by Director Brownoff, That a grant of $630,000 from the Regional Housing Trust Fund (RHTF) be awarded to the Society of Saint Vincent de Paul for the development of 42 units targeted towards sheltering of low income families and seniors at 4349 W. Saanich Road, Saanich, subject to meeting the terms of the RHTF Grant Funding Agreement by February 28, 2015. CARRIED

2. REGIONAL HOUSING TRUST FUND APPLICATION – GREATER VICTORIA RENTAL DEVELOPMENT SOCIETY, 1950 BLANSHARD STREET, VICTORIA, BC

MOVED by Director Alto, SECONDED by Director Isitt, That a grant of $495,000 from the Regional Housing Trust Fund (RHTF) be awarded to the Greater Victoria Rental Development Society for the development of 65 units targeted towards sheltering of low income singles at 1950 Blanshard Street, Victoria, subject to meeting the terms of the RHTF Grant Funding Agreement by February 28, 2015. CARRIED

3. REGIONAL HOUSING TRUST FUND APPLICATION – PACIFICA HOUSING SOCIETY, WILSON WALK, 105 WILSON STREET, VICTORIA, BC

MOVED by Director Alto, SECONDED by Director Screech, That a grant of $1,260,000 from the Regional Housing Trust Fund (RHTF) be awarded to the Pacifica Housing Society for the development of 84 units targeted towards sheltering of low income singles, families and seniors at 105 Wilson Street, Victoria, subject to meeting the terms of the RHTF Grant Funding Agreement by April 30, 2015. CARRIED

Director Hicks returned to the meeting at 2:36 pm.

5.8 REGIONAL PARKS COMMITTEE – January 21, 2015

1. E & N Rail Trail Project – Railway Crossing Improvements at Esquimalt Road and Burnett Road

Director Isitt left the meeting at 2:37 pm stating a possible conflict of interest as the CRD Board nominee to the Island Corridor Foundation Board.

MOVED by Director Brice, SECONDED by Director Screech, That the expenditure in the amount of $834,589 to Southern Railway of Vancouver Island, plus allocating an additional project contingency of $166,918 for unanticipated conditions, for the railway crossing improvements at Esquimalt Road and Burnett Road be approved. CARRIED

Director Isitt returned to the meeting at 2:40 pm.

6. ADMINISTRATION REPORTS

6.1 Animal Control Services Agreement between the Capital Regional District (CRD) and the City Of Colwood

MOVED by Director Hicks, SECONDED by Director Tait, That the Animal Control Services Agreement between the CRD and the City of Colwood be approved and that the Board Chair and Corporate Officer be authorized to execute the Agreement. CARRIED

6.2 Public Hearing Report on Bylaw No. 3964, "Juan De Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 121, 2014" – BOARD VOTING BLOCK A

MOVED by Director Hicks, SECONDED by Director Blackwell, 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 January 19, 2015 for Bylaw No. 3964, "Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 121, 2014" be received. CARRIED

MOVED by Director Hicks, SECONDED by Director Tait, That Bylaw No. 3964 be read a third time. CARRIED

7. BYLAWS

7.1 Bylaw No. 3928, "Comprehensive Community Plan for Willis Point Bylaw No. 1, 2002, Amendment Bylaw No. 2, 2014" – VOTING BLOCK B

MOVED by Director Hicks, SECONDED by Director Blackwell, That Bylaw No. 3928 be adopted. CARRIED

8. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN

8.1 Restoration of Grace Islet, Salt Spring Island Electoral Area – Directors Isitt, McIntyre and Howe

MOVED by Director Isitt, SECONDED by Director McIntyre, WHEREAS the Board of the Capital Regional District wrote to the Government of British Columbia in July 2014 requesting that "consultation and negotiations ... proceed between First Nations, the Provincial government and the landowner to ensure protection of this First Nations cultural heritage site"; AND WHEREAS the Government of British Columbia announced in January 2015 that a partnership had been formed to provide for the restoration and stewardship of Grace Islet; THEREFORE BE IT RESOLVED THAT the Board requests that the Chair write to the Minister of Forests, Lands and Natural Resource Operations, expressing appreciation to the Government of British Columbia for working to resolve issues relating to the cultural heritage site at Grace Islet, and expressing the Capital Regional District's support for efforts by First Nations, the Nature Conservancy of Canada and the Government of British Columbia to restore and steward Grace Islet. CARRIED

9. NEW BUSINESS

10. MOTION TO CLOSE THE MEETING

MOVED by Director Price, SECONDED by Director Howe, 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 3.1.1, 3.3.1 and 5.1); (c) labour relations or other employee relations (Item 3.2.1); (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 3.1.2); (g) litigation or potential litigation affecting the regional district (Item 3.1.4); (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 3.1.3); (2)(b) the consideration of information received and held in confidence relating to negotiations between the regional district 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 4.1) CARRIED

The Board moved to close session at 2:43 pm and rose and reported at 4:45 pm.

11. RISE AND REPORT

11.1 Appointment of Members to CRD Water Advisory Committee

a) The following nominee was reappointed for a one-year term ending December 31, 2015:

• R. (Bob) June, as the Resident/Ratepayers representative b) The following nominee was appointed for a one-year term ending December 31, 2015:
• Tom Wood, as an additional Scientific/Fish Habitats representative c) The following nominees were reappointed for a two-year term ending December 31, 2016:
• Fern Schultz, as the Resident/Ratepayers representative;
• Michael Thompson, as the Resident/Ratepayers representative;
• Rebecca Mersereau, as the Fish Habitats representative; and
• Ross Neumann, as the Scientific representative.

11.2 Appointments to CRD Committees and Commissions

The following persons were appointed to the Salt Spring Island Cedars of Tuam Water Service Commission, for a term to expire December 31, 2015: Peter Wypkema; and for a term to expire December 31, 2016: Ron Bain; The following person was appointed to the Southern Gulf Islands Library Commission for a term to expire December 31, 2015: Pauline Olesen (Alternate); and The following person was appointed to the North Galiano Fire Protection and Emergency Response Service Commission for a term to expire December 31, 2015: Alan (Sandy) Moodie.

12. ADJOURNMENT

MOVED by Director Finall, SECONDED by Director Tait, That the meeting be adjourned at 4:45 pm. CARRIED

CHAIR

CERTIFIED CORRECT:

CORPORATE OFFICER