Minutes of the Regular meeting of the Board of the Cowichan Valley 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, Strait of Juan de Fuca, Haro Strait and Boundary Pass 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: Kinsol Trestle - 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 Vancouver Island 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.