CRD Staff Report: Harbours Service Establishing Bylaw Amendments

REPORT TO ENVIRONMENTAL SUSTAINABILITY COMMITTEE MEETING OF WEDNESDAY 27 JUNE 2012

Report #EEP 12-43

SUBJECT: HARBOURS SERVICE ESTABLISHING BYLAW AMENDMENTS

ISSUE

To amend the establishing bylaw for the Harbours Environmental Action Program based on the results of a review of the service.

BACKGROUND

The Capital Regional District (CRD) established the Harbours Environmental Action Program (HEAP) to meet requirements under Chapter 11 of the Core Area Liquid Waste Management Program (LWMP). Implementation is carried out through the Victoria and Esquimalt Harbours Environmental Action Program (VEHEAP).

In 2010, a Core Area Liquid Waste Management Committee cost-sharing subcommittee developed a new cost-sharing formula for the program and staff were directed to clarify the program for VEHEAP with a prescribed budget with measurable goals and set costs within a five-year plan and seek input from the member municipalities.

The Core Area LWMP Inter-Municipal Review Committee, comprised of CRD and municipal staff, met several times over the past year to discuss the harbours program. The five-year plan, developed by consensus of the working group, is summarized in Appendix A. A more detailed plan and budget have been distributed to the review committee members.

This plan will be discussed and updated by program and municipal staff annually, or as needed, to ensure effective and efficient service delivery. Years 3-5 of the plan are subject to change as staff continue open communication with municipalities and periodically re-evaluate priorities. Staff identified some tasks as potentially requiring additional funding, which could be a combination of external grants and requisitions. However, any supplementary budget requests will be discussed with the municipalities prior to the preparation of future annual program budgets.

Bylaw No. 3837, Harbours Environmental Action Service Establishment Bylaw No. 1, 2010, Amendment Bylaw No. 1, 2012 (Appendix B), requires approval by two-thirds of the participating municipalities and amends the existing service bylaw (Appendix C) to reflect the outcome of the review process. The amendments are necessary to:

allow related work that is outside the Chapter 11 LWMP requirements (as directed by the Environmental Sustainability Committee on 25 January 2012)
raise the maximum requisition amount to $350,000 (from $275,000) to accommodate potential future supplementary budget requests if required for special projects (any future increases would have to be approved in each annual budget)
remove the 31 December 2012 bylaw expiry clause (required to continue the HEAP service past that date)

ALTERNATIVES

That the Environmental Sustainability Committee recommend to the Capital Regional District Board that:

Bylaw No. 3837 Harbours Environmental Action Service Establishment Bylaw No. 1, 2010, Amendment Bylaw No. 1, 2012 be introduced and read a first and second time, and read a third time.
staff make changes to Bylaw No. 3837 and present a revised bylaw at the next meeting.

ENVIRONMENTAL AND SOCIAL IMPLICATIONS

Healthy marine ecosystems maintain good habitat, biodiversity and add to building healthy, vibrant communities. The core area municipalities are responsible for the management of contaminant discharges from municipal storm drains to the receiving environment. The program addresses these commitments under the provincial Environmental Management Act and the Core Area LWMP.

An engaged community also contributes to healthy marine ecosystems. HEAP regularly engages more than 20 environmental and residential community groups, staff from the participating municipalities, representatives from six senior government agencies and the Esquimalt and Songhees First Nations in harbour environmental protection and improvement activities through VEHEAP, the Esquimalt Lagoon Stewardship Initiative (ELSI) and the Gorge Waterway Initiative (GWI).

The work done through these initiatives includes: providing multi-jurisdictional coordination; development and implementation of stewardship strategies; coordinated development and distribution of outreach and educational materials; installation of interpretive signage around the waterways; providing coordinated input on major developments around the harbour areas; and habitat restoration activities. In a typical year, initiative partners and community members contribute more than 1,000 volunteer hours.

FINANCIAL IMPLICATIONS

The annual budget for the program over the five-year period is similar to the 2012 program, which is $271,170. The budget is cost-shared among the participants proportionally on the basis of population. The amended bylaw raises the maximum requisition amount to allow for potential future supplementary budget requests if required for special projects. Supplementary budget items would have to be approved in the program’s future annual budgets.

INTERGOVERNMENTAL IMPLICATIONS

The service participants are the six core area municipalities that have watersheds draining into Portage Inlet, Gorge Waterway, Victoria Harbour, Esquimalt Harbour and Esquimalt Lagoon (the harbours). CRD staff worked collaboratively with municipal staff to develop the five-year plan. CRD staff also worked with the Ministry of Environment (the provincial regulator) to ensure the program meets their intentions under the regulatory framework.

CONCLUSIONS

Staff have worked with municipal partners and the provincial regulator to provide a response to the Core Area Liquid Waste Management Committee’s request for a five-year plan, with a prescribed budget and measurable goals. The plan has the support of municipal staff and meets the requirements under the LWMP. The service also allows for the continuation of non-LWMP activities (e.g., coordination of Gorge Waterway Initiative and Esquimalt Lagoon Stewardship Initiative) as requested by the Environmental Sustainability Committee in January 2012.

RECOMMENDATION

That the Environmental Sustainability Committee recommend to the Capital Regional District Board that Bylaw No. 3837 Harbours Environmental Action Service Establishment Bylaw No. 1, 2010, Amendment Bylaw No. 1, 2012 be introduced and read a first and second time, and read a third time.

DG:cam Attachments: 3