Minutes of the Regular meeting of the Board of the Regional District held in the Board Room at 175 Ingram Street, Duncan, BC, on Wednesday, September 10, 2008, at 6:10 pm.

PRESENT: Chair W.J. (Jack) Peake Directors J. Allan, K. Cossey, M. Dorey, L. Duncan, G. Giles, B. Hodson, R. Hutchins P. Kent, J. Lefebure, M. Marcotte, G. Seymour, M. Walker, M. Tansley and Alternate Director A. Murray

ALSO Warren Jones, Administrator PRESENT: Joe Barry, Corporate Secretary Mark Kueber, Treasurer Ron Austen, General Manager, Island Savings Center Brian Farquhar, Parks Manager

ABSENT: Director R. Hartmann

APPROVAL OF It was moved and seconded that the agenda be amended with the AGENDA addition of one item, New Business - NB1 - 2008 Elections, and that 08-616 the agenda as amended, be approved.

MOTION CARRIED

ADOPTION OF It was moved and seconded that the minutes of the Regular Board MINUTES meeting of August 13, 2008, be adopted. 08-617 MOTION CARRIED

DELEGATIONS The Board agreed by consensus to switch the order of the Delegations.

D2 Arthur Caldicott, on behalf of The Alliance to Stop LNG and Texada Action NOW Re: LNG Tanker Traffic Ban in Georgia Strait

Arthur Caldicott spoke to the Board regarding support of the Powell River Regional District resolutions to request the federal government to ban Liquid Natural Gas (LNG) carriers in Georgia Strait; the provincial government to ban greenhouse gas emissions from gas-fired generation plants; and to support the resolution before the UBCM convention in September 2008.

Director Duncan proposed the following recommendation:

CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 2

Therefore be it Resolved: That the CVRD support a call to the federal government to ban LNG carriers in Georgia Strait, , and to Georgia Strait, and as well a call to the provincial government to ban greenhouse emissions from gas-fired generation plants.

08-618 It was moved and seconded that this recommendation be dealt with in two parts.

MOTION CARRIED

08-619 It was moved and seconded:

1. That the CVRD support a call to the federal government to ban LNG carriers in Georgia Strait, Haro Strait, Boundary Pass , and Malaspina Pass;

MOTION CARRIED

08-620 It was moved and seconded:

2. That the CVRD support a call for provincial policy to require zero greenhouse gas emissions from all new natural gas thermal electricity generation plans.

MOTION CARRIED

08-621 It was moved and seconded that the appropriate governing bodies be advised of these CVRD resolutions.

MOTION CARRIED

D1 Hal Kalman, Commonwealth Historic Resource Management Limited Re: - Phase II Update

Project Team: Presenters: Joost Mayboom, P.Eng. - DelCan Engineering Gordon MacDonald - MacDonald and Lawrence Timber Framing Ltd. Jonathan Yardley - Commonwealth Historic Resource Management Ltd. Introduced: David O'Laney - Commonwealth Historic Resource Management Ltd. Euan McLean - Quion Project and Cost Management Ltd.

CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 3

Hal Kalman and the Project Team presenters provided the Board with a progress report on the work carried out to date on the Kinsol Trestle Phase II Investigative Assessment Work for information.

COMMITTEE REPORTS

CR1 Report and recommendation of the Regional Services Committee meeting of August 27, 2008.

08-622 It was moved and seconded:

1. That the CVRD Chair write to Minister of Health Services George Abbott expressing the Board's dissatisfaction and frustration with the current funding level and the lack of long- term financial support that resulted in the planned closure of Cowichan Lodge.

3. That the Board approve the Terms of Reference for the Governance and Funding of the Regional Policing Initiative Staff Working Group, and further, that the Terms of Reference be referred to the District of North Cowichan, Town of Lake Cowichan, City of Duncan, and Town of Ladysmith for consideration.

MOTION CARRIED

08-623 It was moved and seconded:

2. That the CVRD provide tax exemption to the Capital Regional District for 2009 and that Bylaw No. 3204 be forwarded to the Board for consideration of three readings and adoption.

MOTION CARRIED

08-624 It was moved and seconded:

4. That the draft CVRD Ticketing Bylaw be forwarded to the Regional Board for consideration of three readings and adoption.

Opposed: Directors Marcotte and Hodson

MOTION CARRIED CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 4

CR2 Report and recommendations of the Electoral Area Services Committee meeting of September 2, 2008, listing fifteen items, were considered:

08-625 It was moved and seconded:

1. That authorization be given to file a Notice on Title for property owned by Emma Randell located at 2170 Cowichan Bay Road legally described as: PID 004-595-190, Lot 1, Section 8, Range 2, Cowichan District, Plan 8259, Except part in Plan 12543.

2. That the CVRD proceed with a Request for Proposals for the 2009 Animal Control Contract.

3. That a grant-in-aid (Electoral Area E – Cowichan Station/ Sahtlam/Glenora) in the amount of $500 be given to Cowichan Green Community to assist with the Cowichan Fall Harvest and Sustainability Festival at Providence Farm.

4. That a grant-in-aid (Electoral Area B – Shawnigan Lake) in the amount of $500 be given to Cowichan Green Community to assist with the Cowichan Fall Harvest and Sustainability Festival at Providence Farm.

5. That the CVRD supports the closure of a section of the Ministry of Transportation's Holland Avenue between Heigh Street and Fisher Road in Cobble Hill, and that the closed portion be dedicated as Park to the CVRD.

6. That an exploratory letter to be prepared and forwarded to School District #79 with respect to entering into a partnership with the CVRD to utilize the Fairfield Road park site as an interpretive forest.

MOTION CARRIED

08-626 It was moved and seconded:

7. 1. That Rezoning Application No. 10-B-07RS (Lintaman/ McMillan) proceed to bylaw preparation, that an OCP Amendment Bylaw proposing to redesignate part of Lot 2, District Lot 132, Malahat District, Plan VIP 75146 from Forestry to Industrial, and to designate the property as a Development Permit Area for form and character of industrial development, and for protection of the environment be prepared; that a Zoning Amendment Bylaw proposing that the property be rezoned to a new Eco-Industrial Zone with a CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 5

minimum parcel size of not less than 1 hectare, and that the bylaws be forwarded to the Board for consideration of 1st and 2nd readings; 2. That a public hearing be scheduled and that Director K. Cossey, Director G. Giles, and Director M. Walker be delegated to the hearing; 3. As per Section 879 of The Local Government Act, that the following agencies be solicited for comment: Ministry of Community Services, Ministry of Transportation, Ministry of Forests, Ministry of Environment, Private Managed Forest Land Council, Malahat Volunteer Fire Department, Central Health Authority, School District 79, CVRD Parks, and the Malahat First Nation. 8. That the CVRD grant written consent, exempting Lot C, Section 1, Range 5, Shawnigan District, Plan VIP73791 from the terms of Restrictive Covenant No. FA138425, for either bare-land strata subdivision or fee simple subdivision, subject to the condition that if any eventual subdivision results in the present principal residence and suite being on one of the proposed lots, that lot must be at least 0.4 hectares in area.

10. 1. That Regional Board Resolution No. 08-226 #15 (April 9, 2008) be rescinded; 2. That the Regional District approve the release of Covenant EV122196 provided an Ecological Covenant is registered on Lot 7, District Lot 3, Malahat District, PlanVIP75938 to preserve and protect the wetland area that was previously protected under the above Covenant. Signatories to the Covenant should include DFO, TLC and the Regional District, if possible; and further, that driveway access be allowed along the western boundary of Lot 7, District Lot 3, Malahat District, Plan VIP75938 and that construction take place under the supervision of a Qualified Environmental Professional; thereby releasing Covenant EV122196 (Dale Erb).

11. That Application No. 2-A-07ALR submitted by Ernest J. Maxwell made pursuant to Section 30(1) of the Agricultural Land Commission Act to exclude That part of Lot 3, Section 9, Range 8, Shawnigan District, Plan 2592, lying to the south-west of the Island Highway as said Highway is shown on Plan 1288, located at 3330 Trans Canada Highway, from the Agricultural Land Reserve, be forwarded to the Agricultural Land Commission with a recommendation to approve.

CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 6

12. That Application No. 1-C-08 DVP (CVRD Engineering Services/Atwood) for a variance to Section 8.2 (b)(3) of Zoning Bylaw No. 1405 to reduce the minimum front parcel line setback from 7.5 metres to 1.5 metres, and reduce the minimum side interior parcel line setback from 3.0 metres to 1.5 metres on Lot 65, Section 16, Range 9, Shawnigan District, Plan 27391, be approved.

13. That Application No. 1-B-08DVP (Betty and Brian Town) for a variance to Section 8.3(b)(3) of Zoning Bylaw No. 985, by decreasing the setback to a front parcel line for an accessory building from 7.5 metres (24.6 ft) to 3.9 metres (12.8 ft), on Lot 3, Shawnigan Lake Suburban Lots, Malahat District, Plan VIP13231, be approved.

14. That application No. 26-I-07 DP/RAR (Elk Meadows) be approved, and that a development permit authorizing the development of a 2.5 metre wide water access to be located on Lot 3, District Lot 8, Cowichan Land District, Plan VIP82611, as shown and located within the QEP (Qualified Environmental Professional) Report #806 by Paul Harder R.P.Bio. of P.A. Harder and Associates Ltd., be issued, subject to the following: a) The proposed access and Streamside Protection and Enhancement Area (SPEA) as out lined within Report #806 by Paul Harder, R.P. Bio. must be surveyed by a registered Land Surveyor and be included in a Section 219 covenant to be registered on title b) That no disturbance or alteration of ground or vegetation will take place within the SPEA as outlined on Form I, Report #806 by Paul Harder R.P.Bio. c) That the access be fenced to mark the SPEA area as outlined in Form I, Report #806 by Paul Harder R.P.Bio. d) That monitoring during and at completion of the proposed development be completed as outlined in Form I, Report #806 by Paul Harder R.P.Bio.

15. 1. That condition #3 of Regional Board Resolution No. 07-228 #5 (April 12, 2007) requiring the registration of a restrictive covenant on title respecting Application No. 7-I-06DP/RAR (R. Boss) be rescinded; 2. That applicants be informed that they will not be reimbursed for their initial registration costs; 3. That a Regional Board Policy be established that states the CVRD will not require a covenant for Development Permits within Riparian Areas unless required by resolution of the Board. MOTION CARRIED CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 7

08-627 It was moved and seconded:

9. 1. That application 3-F-07RS (Deborah Juch and David Ferguson) be approved and that an Official Community Plan Amendment Bylaw be prepared that would amend the Cowichan Koksilah Official Community Plan Bylaw No. 1490 by redesignating a part of Lot A, Section 8, Range 5, Sahtlam District, Plan VIP56052 from Forestry to Suburban Residential, and that a Zoning Amendment Bylaw be prepared that would amend the Cowichan Lake South/Skutz Falls Zoning Bylaw No. 2600 by rezoning a part of Lot A, Section 8, Range 5, Sahtlam District, Plan VIP56052) from Forest Resource 1 Zone (F-1) to Suburban Residential 2 Zone (R-2); and that the amendment bylaws be forwarded to the Regional Board for consideration of 1st and 2nd readings; 2. That a public hearing be arranged and that Directors J. Allan, M. Dorey and M. Marcotte be delegated to the hearing. 3. That the application be referred to the Electoral Area F Parks and Recreation Commission for comment; and that the application referrals to the Vancouver Island Health Authority; Ministry of Transportation; Ministry of Forests; Ministry of Environment; ; School District No. 79; and the Sahtlam Volunteer Fire Department, be accepted.

Opposed: Director Duncan

MOTION CARRIED CR3 Report and recommendations of the Engineering Services Committee meeting of August 13, 2008, listing one item was considered: 08-628 It was moved and seconded:

1. That the approval in principle for the takeover of sanitary sewer systems for two existsing Strata subdivisions, one proposed subdivision and one additional lot in Mill Bay as requested in letters from the owners, RidgeView Estates Strata Corporation VIS 4140, Sunset Maples Strata Corporation VIS 4597 and Jim Taggart, property owner of the remainder of 915 Brulette Place granted under CVRD Resolution No. 08.543.4 include the following:

and further, that an assessment of the system be carried out, funded to a maximum cost of $20,000, with $10,000 from the CVRD feasibility Study Function and $10,000 through a Provincial Feasibility Study Grant; and that, upon completion of a successful petition process, bylaws be prepared to create a service area for this utility.

MOTION CARRIED CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 8

CR4 Report and recommendations of the Transit Committee meeting of August 27, 2008 listing two items was considered:

08-629 It was moved and seconded:

1. That "CVRD Bylaw No. 3192 – CVRD Transit Service Establishment Amendment Bylaw, 2008" be forwarded to the Board for consideration of first three readings.

2. That funding for the Ladysmith Transit Feasibility Study be cost- shared 50% by BC Transit, 25% by the Town of Ladysmith, and 25% by the CVRD (up to a maximum of $2,500).

MOTION CARRIED

STAFF REPORTS

SR1 Staff Report from the Treasurer dated August 29, 2008 re: Cowichan Sportsplex Establishment Bylaw was considered.

08-630 It was moved and seconded that Resolution No. 08-394, to create an Annual Financial Contribution Service for the Cowichan Sportsplex with a maximum annual requisition limit of $100,000, be rescinded.

Opposed: Directors Seymour, Cossey, Kent, Giles, Lefebure, Hutchins and Alternate Director Murray

MOTION CARRIED

08-631 It was moved and seconded to refer the Cowichan Sportsplex issue to the October Regional Services Committee meeting for discussion.

MOTION CARRIED

SR2 Staff Report from the Corporate Secretary dated September 3, 2008 re: Islands Trust Election Proceedings was considered.

08-632 It was moved and seconded that the CVRD enter into an agreement with Islands Trust to administer the 2008 Local Trustee Election proceedings for the Thetis Local Trust Area.

MOTION CARRIED CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 9

SR3 Staff Report from the Deputy Manager, Development Services dated September 2, 2008 re: Agency comment on Youbou Lands Application and supplemental information received were considered for information.

08-633 It was moved and seconded that SR3 and supplemental information received be referred to the Electoral Area Services Committee.

MOTION CARRIED

SR4 Staff Report from the Deputy Manager, Development Services dated September 2, 2008 re: Notice for Cobble Hill zoning amendment bylaw and referral agencies was considered.

08-634 It was moved and seconded that the CVRD Board of Directors accepts the referral of the proposed alteration to Section 13.5(a) of Zoning Bylaw No. 1405 to the Vancouver Island Health Authority and the Ministry of Transportation, and waives a public hearing pursuant to Section 890(4) of the Local Government Act, with a public notice to occur in its place.

MOTION CARRIED

SR5 Staff Report from the Deputy Manager, Development Services dated September 3, 2008 re: Public hearing delegates for Bylaws 3119 and 3120 was considered.

08-635 It was moved and seconded:

1. That Board Resolution #08-319, #7.2 (Board minutes of May 14, 2008 respecting Application No. 2-C-07RS-Little) be rescinded.

2. That the following resolution be approved: "That a detailed site survey be drawn by a BCLS showing parcel boundaries, fence lines, building footprints and RV display area and be submitted prior to September 1, 2008, following which a public hearing be held, and that Directors Giles, Cossey and Walker be delegated to the hearing."

MOTION CARRIED

SR6 Staff Report from the Corporate Secretary dated August 28, 2008 re: Cowichan Lodge was considered.

CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 10

It was moved and seconded that the CVRD Board request the Vancouver Island Health Authority and the District of North Cowichan approve a legal instrument, such as a restrictive covenant, that will ensure that any future uses of the Cowichan Lodge site will be solely for health and care related purposes.

08-636 It was moved and seconded that the recommendation be amended by adding "if not, the ownership of the property will be transferred to the District of North Cowichan". MOTION CARRIED

08-637 VOTING RESUMED ON THE ORIGINAL MOTION AS AMENDED:

Motion restated for clarification:

It was moved and seconded that the CVRD Board request the Vancouver Island Health Authority and the District of North Cowichan approve a legal instrument, such as a restrictive covenant, that will ensure that any future uses of the Cowichan Lodge site will be solely for health and care related purposes, and if not, the ownership of the property will be transferred to the District of North Cowichan.

MOTION CARRIED

PUBLIC HEARINGS

PH1 Public Hearing Report and Minutes re: Zoning Amendment Bylaw No. 3121 (Perrett), applicable to Electoral Area B - Shawnigan Lake were considered:

08-638 It was moved and seconded that Public Hearing Report and Minutes re: Zoning Amendment Bylaw No. 3121 (Perrett), applicable to Electoral Area B - Shawnigan Lake, be received.

MOTION CARRIED

BYLAWS

B1 It was moved and seconded that "CVRD Bylaw No. 3192 - CVRD 08-639 Transit Service Establishment Amendment Bylaw, 2008", be granted 1st, 2nd and 3rd reading.

MOTION CARRIED CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 11

B2 It was moved and seconded that "CVRD Bylaw No. 3204 - Tax 08-640 Exemption (Permissive) Bylaw, 2008", be granted 1st, 2nd and 3rd reading.

MOTION CARRIED B2 It was moved and seconded that "CVRD Bylaw No. 3204 - Tax 08-641 Exemption (Permissive) Bylaw, 2008", be adopted.

MOTION CARRIED

B3 It was moved and seconded that "CVRD Bylaw No. 3205 - 08-642 Shawnigan Lake North Water System Service Amendment Bylaw, 2008", be granted 1st, 2nd and 3rd reading. MOTION CARRIED

B4 It was moved and seconded that "CVRD Bylaw No. 3121 - Area B - 08-643 Shawnigan Lake - Zoning Amendment Bylaw (Perrett), 2008", be granted 3rd reading.

MOTION CARRIED

B5 It was moved and seconded that "CVRD Bylaw No. 3207 - Area C - 08-644 Cobble Hill Zoning Amendment Bylaw (Separated Parcel Size), 2008", be granted 1st and 2nd reading.

MOTION CARRIED

B6 It was moved and seconded that "CVRD Bylaw No. 3208 - Area A - 08-645 Mill Bay/Malahat Zoning Amendment Bylaw (Dix), 2008", be granted 1st and 2nd reading.

MOTION CARRIED

B7 It was moved and seconded that "CVRD Bylaw No. 3210 - Area E - 08-646 Cowichan Station/Sahtlam/Glenora Official Community Plan Amendment Bylaw (DEF Autoworld), 2008", be referred to the Electoral Area Services Committee.

MOTION CARRIED

B8 It was moved and seconded that "CVRD Bylaw No. 3211 - Area E - 08-647 Cowichan Station/Sahtlam/Glenora Zoning Amendment Bylaw (DEF Autoworld), 2008", be referred to the Electoral Area Services Committee.

MOTION CARRIED CVRD REGULAR BOARD MINUTES – SEPTEMBER 10, 2008 Page 12

B9 It was moved and seconded that "CVRD Bylaw No. 3212 - Area E - 08-648 Cowichan Station/Sahtlam/Glenora Official Community Plan Amendment Bylaw (Koksilah DPA), 2008", be referred to the Electoral Area Services Committee.

MOTION CARRIED

NEW BUSINESS

NB1 Director Allan announced that he will not be picking up Nomination papers for the 2008 General Election.

RESOLVING It was moved and seconded that the meeting be closed to the public in INTO accordance with the Community Charter Part 4, Division 3, Section CLOSED 90, Subsections (1) (b), (c) and (e). SESSION 08-649 MOTION CARRIED 9:23 pm

RISE FROM It was moved and seconded that the Board rise without report and CLOSED return to the Regular portion of the meeting. SESSION 08-653 MOTION CARRIED 9:59 pm

ADJOURNMENT

08-654 It was moved and seconded that the Regular Board meeting adjourn. 9:59 pm MOTION CARRIED

The meeting adjourned at 9:59 pm.

Certified Correct:

Chair Corporate Secretary

Dated: ______