regional district of central kootenay · 1/16/2020  · john southam introduced donna carmichael,...

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Regional District of Central Kootenay January 16, 2020 1 Regional District of Central Kootenay REGULAR BOARD MEETING Open Meeting Minutes The first meeting of the Board of the Regional District of Central Kootenay in 2020 was held on Thursday, January 16, 2020 at 9:00 a.m. in the RDCK Boardroom, 202 Lakeside Drive, Nelson, BC. Quorum was maintained throughout the meeting. ELECTED OFFICIALS PRESENT: ELECTORAL AREAS Chair A. Watson Area D Director G. Jackman Area A Director T. Wall Area B Director A. Casemore Area C Director R. Faust Area E Director T. Newell Area F Director H. Cunningham Area G Director W. Popoff Area H Director A. Davidoff Area I Director R. Smith Area J Director P. Peterson Area K MUNICIPALITIES Director B. Tassone City of Castlegar Director R. Toyota Town of Creston Director S. Hewat Village of Kaslo Director J. Hughes Village of Nakusp – by phone Director J. Morrison City of Nelson Director C. Moss Village of New Denver Director D. Lockwood Village of Salmo Director L. Main Village of Silverton Director J. Lunn Village of Slocan GUEST DIRECTORS Director B. Anderson City of Nelson STAFF PRESENT S. Horn Chief Administrative Officer/ Chief Financial Officer A. Lund Deputy Corporate Officer M. Morrison Manager of Corporate Administration S. Sudan General Manager of Development Services U. Wolf General Manager of Environmental Services N. Wight Planning Manager J. Southam Building Manager S. Ethier Water Operations Manager C. Johnson Emergency Program Manager T. Dool Research Analyst D. Carmichael Building Administrative Assistant

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Page 1: Regional District of Central Kootenay · 1/16/2020  · John Southam introduced Donna Carmichael, Building Administrative Assistant. 1.5 DELEGATION(S) 1.5.1 Nelson's Cannabis Lets

Regional District of Central Kootenay January 16, 2020

1

Regional District of Central Kootenay REGULAR BOARD MEETING

Open Meeting Minutes

The first meeting of the Board of the Regional District of Central Kootenay in 2020 was held on Thursday, January 16, 2020 at 9:00 a.m. in the RDCK Boardroom,

202 Lakeside Drive, Nelson, BC. Quorum was maintained throughout the meeting. ELECTED OFFICIALS PRESENT: ELECTORAL AREAS Chair A. Watson Area D Director G. Jackman Area A

Director T. Wall Area B Director A. Casemore Area C

Director R. Faust Area E Director T. Newell Area F Director H. Cunningham Area G Director W. Popoff Area H Director A. Davidoff Area I Director R. Smith Area J Director P. Peterson Area K MUNICIPALITIES

Director B. Tassone City of Castlegar Director R. Toyota Town of Creston

Director S. Hewat Village of Kaslo Director J. Hughes Village of Nakusp – by phone

Director J. Morrison City of Nelson Director C. Moss Village of New Denver Director D. Lockwood Village of Salmo Director L. Main Village of Silverton

Director J. Lunn Village of Slocan GUEST DIRECTORS

Director B. Anderson City of Nelson STAFF PRESENT S. Horn Chief Administrative Officer/ Chief Financial Officer A. Lund Deputy Corporate Officer

M. Morrison Manager of Corporate Administration S. Sudan General Manager of Development Services

U. Wolf General Manager of Environmental Services N. Wight Planning Manager J. Southam Building Manager S. Ethier Water Operations Manager C. Johnson Emergency Program Manager T. Dool Research Analyst D. Carmichael Building Administrative Assistant

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1. CALL TO ORDER & WELCOME Chair Watson called the meeting to order at 9:03 a.m.

1.1 TRADITIONAL LANDS ACKNOWLEDGEMENT STATEMENT

We acknowledge and respect the indigenous peoples within whose traditional lands we are meeting today.

1.2 ADOPTION OF THE AGENDA

Moved and seconded, And Resolved:

01/20 The agenda for the January 16, 2020 Regular Open Board meeting be adopted with the

inclusions of the following:

Item 4.4 Erickson Water Distribution Commission;

Item 9.4 Bylaw 2703: Temporary Loan 2020; and

the addition of the addendum

before circulation.

Carried

1.3 ADOPTION OF THE MINUTES Moved and seconded, And Resolved:

02/20 The minutes from the December 12, 2019 Regular Open Board meeting be adopted as circulated.

Carried

1.4 INTRODUCTIONS

John Southam introduced Donna Carmichael, Building Administrative Assistant.

1.5 DELEGATION(S) 1.5.1 Nelson's Cannabis Lets Get it Right Forum

Brenton Raby & Sabin O Donohue

Brenton Raby and Sabin O Donohue presented to the Board the purpose of the Nelson Cannabis Get It Right Forum and the local survey results and data they have collected to date.

Brenton Raby identified the purpose of the group is to provide a voice for cannabis activists and cannabis consumers to contribute to the legalization and legislative process. Mr. Raby highlighted Section 37 of the Provincial Cannabis Control Regulations that prevents the licensing of cannabis businesses not associated with primary sales. He indicated that a person must not market, advertise or promote any place as a place to consume cannabis or to spend time consuming cannabis. This means people cannot have a permitted place in town to gather, socialize and enjoy cannabis. He also indicated there are no farm-gate tastings or tours allowed and that most people are unaware of the restrictions enforced by Section 37. He discussed the Provincial Tied House provisions of the Cannabis Control and License Act and its role in protecting consumer rights.

Sabin O Donohue reviewed the local survey results and the positive response to amend Section 37 to allow for economic benefits of cannabis cafes and farm-gate tastings or tours. Mr. O Donohue indicated the Nelson Cannabis Get It Right Forum continues to collect data and update their results.

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In conclusion, Mr. Raby identified that there is no work being done to amend or repeal Section 37. He is hoping the survey will improve people’s awareness of the current legislation and bring to light that Section 37 does not allow for peaceful assembly. He indicated there are examples of Tie House rules that work and he would like to see government policy align with the Charter of Rights and Freedoms.

Brent Raby and Sabin O Donohue answered the Board’s questions.

Vice Chair Popoff thanked Mr. Raby and O Donohue and provided them with RDCK pen and pin at 9:26 a.m.

2. BUSINESS ARISING OUT OF THE MINUTES

2.1 Kootenay Timber Supply Area Coalition: Resolution 844/19 Moved and seconded, And Resolved:

03/20 That Resolution 844/19, being:

That the Board appoint the following Directors to the Kootenay Timber Supply Area Coalitions for a term to end December 31, 2020 with expenses to be paid from General Administration Service S100: Chair Watson Director Jackman Director Faust (Alternate)

be amended to include stipend and exclude Chair Watson from receiving expenses and stipend, thus reading:

That the Board appoint the following Directors to the Kootenay Timber Supply Area Coalitions for a term to end December 31, 2020 with stipend and expenses to be paid from General Administration Service S100; AND FURTHER, the Chair not receive stipend: Chair Watson Director Jackman Director Faust (Alternate)

Carried

2.2 Bylaw 2681: Land Use Amendment - Malone

The Board Report dated January 8, 2020 from Meeri Durand, Senior Project Planner, seeking a second public hearing and public information meeting for Bylaw No. 2681, has been received.

Board Meeting - December 12, 2020 Resolution No. 912/19

That the following motion BE REFERRED to the January 16, 2020 Board meeting:

That RDCK Zoning Amendment Bylaw No. 2681, 2019 being a bylaw to amend RDCK Zoning Bylaw No. 1675, 2004 is hereby given THIRD reading;

AND THAT, adoption of RDCK Zoning Amendment Bylaw No. 2681, 2019 be withheld until such a time Provincial Approval under Section 52 of the Transportation Act has been obtained.

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Moved and seconded, And Resolved:

04/20 That RDCK Zoning Amendment Bylaw No. 2681, 2019 being a bylaw to amend RDCK

Zoning Bylaw No. 1675, 2004 BE REFERRED to a second PUBLIC HEARING and public information meeting.

Carried

Moved and seconded, And Resolved:

05/20 That in accordance with Regional District of Central Kootenay Planning Procedures and Fees Bylaw No. 2457, 2015, Electoral Area F Director Tom Newell is hereby delegated the authority to chair the Public Hearing on behalf of the Regional District Board.

Carried

3. COMMITTEES & COMMISSIONS

3.1 FOR INFORMATION Committee/Commission Reports for information have been received as follows:

3.1.1 Area A Economic Development Commission: minutes December 3, 2019

3.1.2 Area C - Planning Advisory Committee: minutes December 9, 2019

Staff has received the recommendations and is working with the Commission.

3.1.3 Castlegar & District Community Complex & Recreation Commission: minutes January 8, 2020

3.2 WITH RECOMMENDATIONS

3.2.1 Recreation Commission No. 4: minutes November 12, 2019 Moved and seconded, And Resolved:

06/20 That the Board approve the payment of the following grants from the Recreation

Commission No. 4 Service S228 2019 budget:

Nakusp Ski Hill Association $1,300

Carried

3.2.2 Recreation Commission No. 7: minutes December 2, 2019 Moved and seconded, And Resolved:

07/20 That the Board approve the payment of the following grants from the Recreation

Commission No. 7 – Salmo and Area G Service S230, 2019 budget:

Salmo Ski Club $1,800 Salmo Community Resource Society $2,612

Carried

3.2.3 Riondel Commission of Management: minutes December 3, 2019

Moved and seconded, And Resolved:

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08/20 That the Board approve the purchase of a new Brother Colour Laser printer for the Riondel Commission of Management in the amount of $500 plus tax to be paid from Recreation Facility-Area A (Riondel) Service S209.

Carried

3.2.4 New Denver, Silverton, Slocan and Area H Economic Development Commission:

minutes December 5, 2019 Moved and seconded, And Resolved:

09/20 That the Board amend the New Denver, Silverton, Slocan and Area H Economic

Development Commission December 5, 2019 minutes by removing "Commission appointments have been renewed to the end of 2020 in order to give direction if needed" from Item 5.4 Chair’s Report: Commission Evolution.

Carried

Moved and seconded, And Resolved:

10/20 That the Board approve the payment of the following invoices from Economic Development – New Denver, Silverton, Slocan and Area H Service S114:

Valley Voice Ad $9.45 Sharon Butler, Secretary $250 (October – November)

Carried

Moved and seconded, And Resolved:

11/20 That the Board send a letter of support to Kootenay Adaptive Sport Association who are applying for a job creation grant to replace aging boardwalks at the Winlaw Regional and Nature Park.

Carried

3.2.5 Creston Valley Services Committee: minutes January 9, 2020

Moved and seconded, And Resolved:

12/20 That the Board direct staff to prepare a service establishment bylaw to convert the transit function for Creston and portions of Electoral Areas A, B and C to a local government service.

Carried

Moved and seconded, And Resolved:

13/20 That the Fitness Centre at the Creston & District Community Complex open at 5:30 a.m. on Tuesdays and Thursdays starting April 7, 2020.

Carried

3.2.6 Joint Resource Recovery Committee: minutes January 15, 2020

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Moved and seconded, And Resolved:

14/20 That the Board direct Staff to issue a Request for Standing Offer to provide professional engineering and environmental consulting services for Resource Recovery required services, with the Standing Offer to be for a period of two (2) years with the option to renew for three (3) one-year periods upon mutual agreement, with individual projects to be procured as per the RDCK Purchasing Policy.

Carried

3.3 DIRECTORS' REPORTS

Each Director was given the opportunity to provide a brief summary of the work they have been doing within their communities. Director Newell request a Notice of Motion be added to the February 20, 2020 Board meeting regarding the gap in primary ambulance coverage.

NOTICE OF MOTION That the Board send a letter to the BC Ambulance Service voicing our concerns in regard to the recent change in practice regarding the gap in primary ambulance coverage when the Alpha car is dispatched to the Kootenay Boundary Regional Hospital (by passing the Kootenay Lake Hospital), that change being, the Alpha car is not being replaced in those circumstances but rather a Kilo car (on pager) would be dispatched from home (or from being on a call) resulting in unacceptable delays in service;

AND FURTHER, that BC Ambulance use the practice in many West Kootenay communities, which is, that when the Alpha car is on a call immediate cross coverage is arranged.

3.3.1 Director Jackman: Mercer - Celgar Presentation

3.3.2 Director Hewat: FCM Advocacy Days

4. MEMBERSHIP

4.1 Riondel Commission of Management Moved and seconded, And Resolved:

15/20 That the Board appoint the following individuals to the Riondel Commission of

Management for a term to end December 31, 2021:

Garth Saunders Gerald Panino Wade Wensink

AND FURTHER, the Board send a letter to outgoing member Ross Shears thanking him for his service to the RDCK.

Carried

4.2 Rosebery Parklands and Trails Commission

Moved and seconded, And Resolved:

16/20 That the Board appoint the following individuals to the Rosebery Parklands and Trails

Commission for a term to end December 31, 2022:

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Mike Koolen (Slocan)

Carried

4.3 Recreation Commission No. 6

Moved and seconded, And Resolved:

17/20 That the Board appoint the following individuals to the Recreation Commission No. 6 for

a term to end December 31, 2020:

Arlene Yofonoff (Councillor Silverton) Tanya Gordon (Alternate Councillor Silverton) Eva Shandro (Silverton Resident) Monique Wood (Alternate Silverton Resident)

Carried

4.4 Erickson Water Distribution Commission

Chair Watson welcomed Alternate Director Anderson to the meeting. Moved and seconded, And Resolved:

18/20 That the Board appoint the following individuals to the Erickson Water Distribution

Commission for a term to end December 31, 2022:

Don Low Regina Lichtenfeld Frank Wloka

Carried

Moved and seconded, And Resolved:

19/20 That Item 5.1 Treaty Advisory Committee - Ktunaxa/Kinbasket be tabled until the end of

the meeting, with Item 5.2 West Kootenay Transit Committee considered at this time.

Carried

5. 2020 APPOINTMENTS - EXTERNAL COMMITTEES 5.2 West Kootenay Transit Committee

Chair Watson called for nomination for the West Kootenay Transit Committee. Director Popoff nominated Director Main.

Director Peterson nominated Director Lockwood.

Director Newell nominated Director Faust as the Alternate.

Chair Watson called for nominations a second and third time.

Moved and seconded, And Resolved:

20/20 The Board appoints the following Directors to the West Kootenay Transit Committee

(excluding Directors for Electoral Area B and C and the Town of Creston) with the term to end December 31, 2020, with stipends and usual expenses to be paid from the Transit-Kootenay Lake West S239:

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Director Tassone Director Main Director Lockwood Director Faust (Alternate)

Carried

6. CORRESPONDENCE

6.1 The email dated December 11, 2019 from Nadine Reynolds, Columbia Headwaters Program, seeking partners in the Columbia Headwaters region of BC.

6.2 The email dated December 19, 2019 from the BC Active Transportation Grants Program

announcing the opening of redesigned grant program to boost active transportation.

6.3 The letter dated December 6, 2019 from Dan Jepsen, C3 Alliance Corp., inviting RDCK Directors to the 17th Annual BC Natural Resources Forum on January 28 - 30, 2020. Moved and seconded, And Resolved:

21/20 That the Board send Director Casemore to the 17th Annual BC Natural Resources Forum

on January 28 - 30, 2020 with stipend and expenses paid from General Administration Service S100.

Carried

7. COMMUNICATIONS

7.1 The letter dated November 25, 2019 from Selina Robinson, Ministry of Citizens' Services, thanking Director Casemore for meeting with the Ministry during the 2019 UBCM Convention regarding the lack of cellular service along the Kootenay Pass.

RECESS/ The meeting recessed at 10:33 a.m. and reconvened at 10:45 a.m. RECONVENE

7.2 The meeting summary dated November 26, 2019 from the Kootenay Forest Sector

Collaboration provided details of the meeting.

7.3 The letter dated November 27, 2019 from Maja Tait, UBCM, advising the RDCK of the second Community Works Fund payment for fiscal 2019/2020.

7.4 The letter dated December 3, 2019 from Greg Hand, Kootenay Lake Hospital,

requesting improvement to active transportation in the Nelson and Area.

7.5 The letter dated December 5, 2019 from Jay Chalke, Ombudsperson, providing the Quarterly Report for July 1 - September 30, 2019.

7.6 The letter dated December 5, 2019 from Peter Ronald, Local Government Program

Services, advising that the RDCK will receive final payment of $22,500 for the Community Wildfire Protection Plan project.

7.7 The letter dated December 12, 2019 from Michelle Mungall, Ministry of Energy, Mines

and Petroleum Resources, thanking Chair Watson for meeting with the Ministry during the 2019 UBCM Convention regarding the HB facility closure and reclamation.

7.8 The letter dated December 18, 2019 from John Jack, Alberni-Clayoquot Regional

District, requesting the Province expedite the $10 a day Child Care Plan.

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7.9 The letter dated December 18, 2019 from George Heyman, Ministry of Environment Climate Change Strategy, responding to the letter sent regarding inclusion of packaging and paper products from industrial, commercial and institutional sector in regulations.

8. ACCOUNTS PAYABLE

Moved and seconded, And Resolved:

22/20 The Accounts Payable Summary for December 2019 in the amount of $3,122,451 be approved.

Carried

9. BYLAWS

9.1 Bylaw 2679 & 2680: Land Use Amendment - Area K Block The Board Report dated January 3, 2020 from Dana Hawkins, Planner, seeking Board consider multiple text and land use amendments to the Electoral Area K - The Arrow Lakes Official Community Plan Bylaw No. 2022, 2009 and RDCK Zoning Bylaw No. 1675, 2004, has been received.

Moved and seconded, And Resolved:

23/20 That the Regional District of Central Kootenay Amendment Bylaw No. 2679, 2019 being a

bylaw to amend the Arrow Lakes Official Community Plan Bylaw No. 2022, 2009 is hereby given THIRD reading by content.

Carried

Moved and seconded, And Resolved:

24/20 That the Regional District of Central Kootenay Amendment Bylaw No. 2680, 2019 being a

bylaw to amend the Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004 is hereby given THIRD reading by content.

Carried

Moved and seconded, And Resolved:

25/20 That Item 9.1 Bylaw 2679 & 2680: Land Use Amendment - Area K Block be tabled until

the end of the meeting, with Item 9.2 Bylaw 2690: Land Use Amendment - Derco considered at this time.

Carried

9.2 Bylaw 2690: Land Use Amendment - Derco

The Board Report dated December 20, 2019 from Eileen Senyk, Planner, seeking Board approval to adopt RDCK Zoning Amendment Bylaw No. 2690, 2019, has been received.

Moved and seconded, And Resolved:

26/20 That Regional District of Central Kootenay Amendment Bylaw No. 2690, 2019 being a bylaw to amend Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004 is hereby ADOPTED; AND FURTHER that the Chair and Corporate Officer be authorized to sign the same.

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Carried

9.3 Bylaw 2691: Special Events Permit Service Establishment Moved and seconded, And Resolved:

27/20 That the Regional District of Central Kootenay Special Events Permit Service Establishment Bylaw No. 2691, 2019 be ADOPTED and the Chair and Corporate Officer be authorized to sign the same.

Carried

9.4 Bylaw 2703: Temporary Loan 2020

Moved and seconded, And Resolved:

28/20 That the Temporary Loan Bylaw No. 2703, 2020 be read a FIRST, SECOND, and THIRD time by content.

Carried

Moved and seconded, And Resolved:

29/20 That the Temporary Loan Bylaw No. 2703, 2020 be ADOPTED and the Chair and Corporate Officer be authorized to sign the same.

Carried

10. NEW BUSINESS

10.1 COMMUNITY SERVICES 10.1.1 Campbell Field Feasibility Fund Request

The Board Report dated December 20, 2019 from Joe Chirico, General Manager of Community Services, is recommending to the Board a Feasibility Fund project to investigate the feasibility of a new recreation service to deliver regional community facilities/services to the residents of either of all, a portion or none of the Areas, E, F, H, I, J and the municipalities of Castlegar, Nelson and Slocan, has been received.

Moved and seconded, And Resolved:

30/20 That the Board approve $95,000 be included in the 2020 Financial Plan to fund

the Campbell Field Feasibility Study with $80,000 to be funded from the RDCK Feasibility Study Reserve Fund and the remaining $15,000 be funded from the Area H South Recreation Service S231; AND FURTHER, that RC Strategies be retained at a cost not to exceed $55,608 plus applicable taxes to complete Campbell Field Feasibility Services.

Carried

10.1.2 Castlegar & District Community Complex and Recreation Commission:

Resolution 698/19 Board Meeting - October 17, 2019 Resolution No. 698/19

That the Regional District Board write a letter to the Director of Recreation Sites & Trails BC advising that the Castlegar & District Community Complex & Recreation

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Commission encourages and values meaningful collaboration with all stakeholders consistent with our Recreation & Cultural Masterplan; AND FURTHER, that the letter be reviewed by the Board prior to being sent.

Moved and seconded, And Resolved:

31/20 That the Board send a letter to the Director of Recreation Sites & Trails BC

advising that the Castlegar & District Community Complex & Recreation Commission encourages and values meaningful collaboration with all stakeholders consistent with our Recreation & Culture Masterplan.

Carried

10.2 DEVELOPMENT SERVICES

10.2.1 Unsightly Property - Remedial Action Requirement The Board Report dated December 23, 2019 from Pamela Guille, Bylaw Enforcement Officer, seeking Board approval from remedial action on property legally described as Lot 13, Plan NEP955, District Lot 7067, Kootenay Land District, has been received.

Moved and seconded, And Resolved:

32/20 That the Board RESCIND resolutions 832/19 and 833/19.

Carried

Moved and seconded, And Resolved:

33/20 That the Board order Mr. Desmond L. Penny to meet compliance with the Unsightly Property Bylaw No. 1687, 2004 within sixty (60) days; and that, if the work is not completed within the sixty (60) day timeline, the Board authorize Bylaw Enforcement to enter onto the property located at 4856 Bain Road, Beasley, BC, Electoral Area F and legally described as Lot 13, Plan NEP955, District Lot 7067, Kootenay Land District, with a contractor to remove all offending matter with all cost incurred by the RDCK being billed to the owner of the property, identified as Mr. Desmond L. Penny.

Carried

Moved and seconded, And Resolved:

34/20 That the following recommendation:

That the Board order Mr. Desmond L. Penny to meet compliance with the Unsightly Property Bylaw No. 1687, 2004 within sixty (60) days; and that, if the work is not completed within the sixty (60) day timeline, the Board authorize Bylaw Enforcement to enter onto the property located at 4856 Bain Road, Beasley, BC, Electoral Area F and legally described as Lot 13, Plan NEP955, District Lot 7067, Kootenay Land District, with a contractor to remove all offending matter with all cost incurred by the RDCK being billed to the owner of the property, identified as Mr. Desmond L. Penny;

BE RESCINDED.

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Carried

Moved and seconded, And Resolved:

35/20 That the Board direct staff to work with Mr. Desmond L. Penny to reach a

compliance agreement for property on 4856 Bain Road, Beasley, BC and legally described as Lot 13, Plan NEP955, District Lot 7067, Kootenay Land District within sixty (60) days; and that, staff report back to the Board if the compliance agreement has no been received.

Carried

Director Cunningham recorded opposed.

10.2.2 Z241 Park Model Homes Moved and seconded, And Resolved:

36/20 That it is the policy of the Board in regard to the electoral areas of the Regional District of Central Kootenay to permit recreational vehicles certified as CSA Z241 Park Model Trailers for temporary accommodation for the travelling public on all lands where recreational vehicles are permitted, including areas where recreational vehicle parks and campgrounds are permitted, provided that the regional district may in its discretion take action to prohibit occupancy of CSA Z241 Park Model Trailers as dwelling units;

AND FURTHER, that this resolution supersedes and replaces resolution No. 73/17 (IC93/16) passed December 8, 2016 and Resolution No. 417/17 (IC43/17) passed June 15, 2017.

Carried

10.3 ENVIRONMENTAL SERVICES

10.3.1 Linear Infrastructure Construction Crew Evaluation The Board Report dated December 16, 2019 from Steve Ethier, Water Operations Manager, seeking Board approval for the formation of an in-house capital works linear assets construction crew, has been received.

Moved and seconded, And Resolved:

37/20 That staff be directed to establish an equipped construction crew including hiring of a site superintendent, labourer and equipment operator, and purchasing of an excavator, service trucks, portable office, and all associated equipment with a capital budget not to exceed $355,100 in 2021;

AND FURTHER, that a dedicated allocation service be created in the 2021 financial plan.

Carried

10.4 FINANCE & ADMINISTRATION

10.4.1 2020 Age Friendly Communities Program Grant Funding: East Shore Transportation Society Moved and seconded, And Resolved:

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38/20 That the RDCK support, and apply for a Stream 1 2020 Age Friendly Communities Program Grant through UBCM on behalf of the East Shore Transportation Society for planning and coordination activities to support local transportation for seniors and others with mobility challenges;

AND FURTHER, that should the grant application be successful, the Board approve the RDCK providing overall grant management services.

Carried

10.4.2 Letter of Support: Columbia Basin Broadband Corporation

Moved and seconded, And Resolved:

39/20 That the RDCK Board write a letter to Columbia Basin Broadband Corporation in support of applications to the Connecting BC and Canadian Radio-television and Telecommunications Commission Broadband Fund programs for the purposes of building backbone fibre from Fruitvale, via Salmo to Nelson;

AND FURTHER, that the Board approve Director Cunningham writing a letter to Columbia Basin Broadband Corporation committing up to $400,000 of Area G Community Works Funding to the project, should the applications be successful.

Carried

10.4.3 Agreements: Transit Minor Betterments

10.4.3.1 Agreement: West Kootenay District - Transit Minor Betterments Moved and seconded, And Resolved:

40/20 That the Board approve the RDCK enter into a agreement with

Ministry of Transportation and Infrastructure - West Kootenay District for the Transit Minor Betterments program for the period to end March 31, 2020, and that the Chair and Corporate Officer be authorized to sign the necessary documents.

Carried

10.4.3.2 Agreement: Spearhead - Bus Shelters

Moved and seconded, And Resolved:

41/20 That the Board approve the RDCK enter into a agreement with Spearhead for bus shelters as part of the Transit Minor Betterments program for the period to end April 2020, and that the Chair and Corporate Officer be authorized to sign the necessary documents.

Carried

10.4.4 Mercer - Celgar Presentation

Moved and seconded, And Resolved:

42/20 That the Board approve the stipend and expenses for the Directors who attended

the Mercer - Celgar presentation on January 7, 2020; and that, it be paid from General Administration Service S100.

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Carried

10.4.5 For Discussion: Draft Letters of Support Policy No. 100-03-08 The draft Letter of Support Policy 100-03-08 has been received for discussion.

10.4.6 Policy: RDCK Applying for Grants - External Organizations

Moved and seconded, And Resolved:

43/20 That the Board direct staff to prepare a policy in regards to RDCK applying for grant funding on behalf of external organizations.

Carried

ORDER OF AGENDA The Order of Business was changed to address public time, with Item 12 CHANGED Public Time considered at this time. 12. PUBLIC TIME

The Chair called for questions from the public and members of the media at 11:45 a.m.

Chair Watson acknowledged and thanked Patrick Garrigan for his 25 years of service to the RDCK at the Creston and District Community Complex and wishes him the best in his retirement.

ORDER OF AGENDA Item 10.4.7 For Information: 2019 RDCK Quarterly Reporting (Q4) RESUMED was considered at this time.

10.4.7 For Information: 2019 RDCK Quarterly Reporting (Q4) The 2019 RDCK Quarterly Report (Q4) from Mike Morrison, Corporate Officer, has been received.

10.5 FIRE & EMERGENCY SERVICES

10.5.1 UBCM Community Emergency Preparedness Fund (CEPF): Emergency Support Services IT Equipment The Board Report dated December 19, 2019 from Chris Johnson, Emergency Program Manager, seeking Board direction to submit an application for the 2020 stream of UBCM CEPF funding to purchase Emergency Support Service IT equipment, has been received.

Moved and seconded, And Resolved:

44/20 That Board direct staff to apply to the UBCM Community Emergency

Preparedness Fund (CEPF) Emergency Support Services stream to purchase three (3) complete IT kits consisting of five (5) devices each and, provide training for Emergency Support Services volunteers on the use of the devices and the new on line registration forms.

Carried

10.5.2 Wildfire Mitigation Community Development Grants

The Board Report dated January 1, 2020 from Chris Johson, Emergency Program Manager, providing the Board with information regarding the final totals of the community development grants each electoral area has committed to wildfire mitigation projects since 2017, has been received.

Moved and seconded, And Resolved:

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45/20 That the Board direct staff to transfer funds from Community Development Grant funds as per previous Board resolutions to support wildfire fuel mitigation work to Service A101 as per the Board Report - Wildfire Mitigation Community Development Grants dated January 1, 2020 from Chris Johnson, Emergency Program Manager.

Carried

RECESS/ The meeting recessed at 12:07 p.m. for lunch and reconvened at 1:02 p.m. RECONVENED ORDER OF AGENDA The Order of Business was changed to address In Camera, with Item 13 CHANGED In Camera considered at this time. 13. IN CAMERA

Moved and seconded, And Resolved:

46/20 That Larry Binks to participate as a delegation In Camera.

Carried

13.1 RESOLUTION - MEETING CLOSED TO THE PUBLIC

Moved and seconded, And Resolved:

47/20 In the opinion of the Board - and in accordance with Section 90 of the Community Charter

- the public interest so requires that persons other than DIRECTORS, ALTERNATE DIRECTORS, DELEGATIONS AND STAFF be excluded from the meeting; AND FURTHER, in accordance with Section 90 of the Community Charter, the meeting is to be closed on the bases identified in the following subsections: (c) labour relations or other employee relations; (m) a matter that, under another enactment, is such that the public may be excluded from the meeting; (n) the consideration of whether a council meeting should be closed under a provision of this subsection or subsection (2);

Carried

13.2 RESOLUTION - RECESS OF OPEN MEETING

Moved and seconded, And Resolved:

48/20 The Open Meeting be recessed at 1:15 p.m. in order to conduct the In Camera Board meeting and reconvened at 2:15 p.m.

Carried

ORDER OF AGENDA Item 10.5.3 For Information: Emergency Program Act Modernization RESUMED was considered at this time.

10.5.3 For Information: Emergency Program Act Modernization

The Board Report dated January 1, 2020 from Chris Johnson, Emergency Program Manager, providing the Board with information regarding the provincial project to modernize the Emergency Program Act, has been received.

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Chris Johnson identified the Directors have an opportunity to provide feedback for the provincial project to modernize the Emergency Program Act.

10.6 GRANTS

10.6.1 Discretionary 10.6.1.1 Discretionary Grants

Director Wall declared a conflict of interest due to being the Operations Manager at Casey's Community House and left the meeting at 2:30 p.m. Moved and seconded, And Resolved:

49/20 Discretionary grants out of the funds available for the following

Electoral Areas/Member Municipalities be approved as designated:

AREA A Kootenay Employment Services Society $500

AREA B Creston Valley Rod & Gun $1,500 Creston Valley Shrine Club (Fishing Derby) $500 Creston Valley Shrine Club (Travel) $1,000 Kootenay Employment Services $1,000

AREA C Casey's Community House (Creston Valley Hospital) $500 Creston Valley Shrine Club (Travel) $1,000

AREA D RDCK (Area D Ads-Remembrance Day & Christmas) $75.60 RDCK (Area D Ads-Remembrance Day & Christmas) $91.35

AREA E Kutenai Art Therapy Institute $500 Nelson Community Food Centre $1,000 Nelson Special Olympics (Bowling Team) $250 Our Daily Bread $1,000

AREA F Friends of Kootenay Lake $1,000 Nelson Special Olympics (Bowling Team) $250

Carried

Director Wall returned to the meeting at 2:32 p.m.

10.6.1.2 Discretionary Grant: Resolution 468/19

Moved and seconded, And Resolved:

50/20 That Resolution 468/19, being the allocation of Discretionary Grant funds:

AREA F RDCK (Area E APC - BCUC) $5,000

BE RESCINDED.

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Carried

10.6.2 Community Development

Moved and seconded, And Resolved:

51/20 Community Development grants out of the funds available for the following

Electoral Areas/Member Municipalities be approved as designated:

AREA B Tilted Brick Gallery Association $2,000

AREA D RDCK Service S184 (Mosquito) $20,000

AREA I Castlegar Snowmobile Association $2,500 West Kootenay Eco-Society $2,500

AREA J Castlegar & District Hospital Foundation $3,000 Kootenay Gallery of Art, History and Science $2,000

AREA K Edgewood Volunteer Fire Department $500 Fauquier Community Club $1,207.50

SLOCAN Village of Slocan (Waterfront Design Plan) $4,830

Carried

10.6.3 Community Works

10.6.3.1 Community Works Funds: Clayton Creek Improvement District The letter dated December 17, 2019 from Tom Newell, Director - Electoral Area E, rescinding Resolution No. 667/14, has been received.

Moved and seconded, And Resolved:

52/20 That Resolution No. 667/14, being the allocation of Community

Works funds:

AREA F Clayton Creek Improvement District $46,000

BE RESCINDED.

Carried

10.6.3.2 Community Works Funds:

Moved and seconded, And Resolved:

53/20 That Resolution No. 485/17, being the allocation of Community Works funds:

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AREA D Woodbury Village Water System $15,000

BE RESCINDED.

Carried

10.6.4 Castlegar & District Youth Centre-Areas I and J Service S216: Take a Hike Youth

at Risk Foundation Moved and seconded, And Resolved:

54/20 That the Board approve a payment of $5,000 to the Take a Hike, Youth at Risk

Foundation from Castlegar & District Youth Centre-Areas I and J Service S216 to support the foundation's at-risk youth programming and partnership with School District No. 20 (Kootenay-Columbia).

Carried

11. RURAL AFFAIRS COMMITTEE

Moved and seconded, And Resolved:

55/20 That the Board take no further action to file a Notice on Title relating to land at 10789 Highway 3A, Electoral Area A, currently owned by John, Katherine and Bradley Drysdale, legally described as Lot A, District Lot 913, Kootenay District Plan 5183.

Carried

Moved and seconded, And Resolved:

56/20 That the Board APPROVE the issuance of Development Variance Permit V1908C-04903.150 to Karen & Garth Tippe for the property located at and legally described as 142 Placsko Road and legally described as Lot 17, District Lot 4595, Kootenay District, Plan 1464 Except Parcel A (See 1701581) PID(014-596-547);

FROM: 56 square metres gross floor area;

TO: 120 square metres gross floor area, as shown on Schedule '3' of the Draft Development Variance Permit (Attachment B) of the Development Variance Permit - Tippe Committee Report dated January 2, 2020.

Carried

Director Popoff declared a conflict of interest due to being friends with the neighbours and left the meeting at 2:36 p.m. Moved and seconded, And Resolved:

57/20 That the Board SUPPORT the application A1924G for the purposes of subdivision within the ALR proposed by Robert Siverston for the property located at 808 Carney Bridge Road and legally described as Parcel A (Reference Plan 994431), Lot 5, District Lot 206, Kootenay District, Plan 1997, Except Plan included in SRW Plan 14948 (PID 010-907-394).

Carried

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Director Popoff returned to the meeting at 2:36 p.m Moved and seconded, And Resolved:

58/20 That the Board APPROVE the issuance of Development Variance Permit V19071 to Derek and Lisa Sherbinin for the property located at 2580 Bird Road and legally described as Lot B, District Lot 302A, Kootenay District, Plan NEP77799 PID (026-246-856) to vary Section 1201.9 of RDCK Zoning Bylaw No.1675, 2004 as follows:

FROM the maximum gross floor area of any accessory building or structure shall not exceed 200 m2;

TO the maximum gross floor area of any accessory building or structure shall not exceed 231.9 m2;

SUBJECT TO, the applicant providing documentation prior to a building permit being issued to support that the proposed construction will not conflict with the existing on-site sewage disposal system servicing the one-family dwelling to the satisfaction of Interior Health Authority.

Carried

Moved and seconded, And Resolved:

59/20 WHEREAS The United Nations have declared that access to clean drinking water is a Human Right and in British Columbia, some Rural and Remote Communities served by Improvement Districts are still not able to provide clean potable water to its residents;

AND WHEREAS the current BC Government Policy restricts Improvement Districts access to water Infrastructure Grant funding by recommending the financially prohibitive and challenging process of conversion to a Regional District Service as the only solution;

THEREFORE BE IT RESOLVED that UBCM work with the Province and the Ministry of Municipal Affairs and Housing to establish a process for Improvement Districts to have access to Provincial and Federal Infrastructure Grant funds, and still maintain their autonomy.

Carried

Moved and seconded, And Resolved:

60/20 WHEREAS over the past two decades multiple local governments of British Columbia have repeatedly requested regulation of private land logging by resolution to UBCM;

AND WHEREAS there has been little change in the requirement to conserve our natural physical assets such as water, wildlife habitat, and soil stability when harvesting trees and building roads on large tracts of private land;

THERFORE BE IT RESOLVED THAT the Union of BC Municipalities prioritize and work with the Ministry of Forest, Lands, Natural Resources and Rural Development to resolve the issues surrounding logging on large parcels of private land in BC when volumes to be harvested are over 600 cubic meters including changing legislation to allow Regional Districts to implement tree cutting bylaws.

Carried

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Moved and seconded, And Resolved:

61/20 WHEREAS local governments in British Columbia are the purveyors of water and water is and will become a very important issue as the province experiences the effect of climate change;

AND WHEREAS the analysis, quality, abundance protection, conservation, allocation and use of both ground water and surface water is of utmost importance both ecologically and financially now and in the future;

THEREFORE BE IT RESOLVED that the provincial government create a ministry with the sole responsibility to research and provide education, protection and conservation of BCs water resources.

Carried

Moved and seconded, And Resolved:

62/20 WHEREAS the Province had previously established Dike Improvement Districts and has now designated Local Government as a diking authority, removing these powers from Improvement Districts who are unable to access funding for repair and maintenance of dikes, without adequate consultation with both Improvement Districts and Local Governments;

AND WHEREAS the Province has not provided an overall assessment of the dikes or identified sustainable funding associated with the full capital cost of repair and on-going maintenance of dikes under the jurisdiction of Improvement Districts, and dikes with no local authority, of which 20% in the Province are located within the Regional District of Central Kootenay;

THEREFORE BE IT RESOLVED that the Province engage in further consultation with Improvement Districts and Local Government to discuss the overall impact of this decision on rural BC communities with populations under 20,000.

Carried

Moved and seconded, And Resolved:

63/20 WHEREAS the Ministry of Agriculture seeks to strengthen farming in BC and there are portions of

the province where successful, intensive agriculture is practiced on small lots while showing significant farm receipts;

AND WHEREAS the viability of small lot agriculture depends on the affordability of the land and improvements which is in competition for Agricultural Land with the “hobby farm” development model featuring large homes and accessory buildings often impacting the land without contributing to agricultural production;

THEREFORE BE IT RESOLVED that the Ministry of Agriculture work with the Agricultural Land Commission to designate areas of the province where the Agricultural Land Reserve may be subdivided into smaller affordable lots provided the developed footprint is scaled such as to enable craft and/or niche agricultural market activity.

Carried

Moved and seconded, And Resolved:

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64/20 WHEREAS in British Columbia, and specifically in the Kootenay Region, there is a historical legacy of cannabis cultivation and a clear acknowledgment that the cannabis industry is a pillar of our regional economy; AND WHEREAS Section 37 of the BC Cannabis Control Regulation prohibits the promotion of any place to consume or to spend time after consuming cannabis, which significantly limits the ability for the cannabis industry to thrive, and in many cases limits potential business owners to operate all together; THEREFORE BE IT RESOLVED that the Union of BC Municipalities work with the provincial government to remove Section 37 from the BC Cannabis regulation, which will remove a significant barrier to the success of the cannabis industry in British Columbia.

Carried

14. MATTERS ARISING FROM IN CAMERA MEETING No Items

Moved and seconded, And Resolved:

65/20 That Item 5.1 Treaty Advisory Committee - Ktunaxa/Kinbasket be considered at this time.

Carried

5.1 Treaty Advisory Committee - Ktunaxa/Kinbasket

Chair Watson called for nominations.

Director Peterson nominated Larry Binks.

Director Popoff nominated Director Casemore.

Chair Watson called for nominations for a second time.

Director Jackman nominated Director Wall.

Chair Watson called for nominations a third time.

CAO Horn distributed ballots and Director Hughes provided his vote by email.

CAO Horn and Angela Lund, Deputy Corporate Officer, exited the room and counted the ballots.

CAO Horn indicated there was a tie vote between Larry Binks and Director Casemore.

CAO Horn distributed ballots and Director Hughes provided his vote by email.

CAO Horn and Angela Lund, Deputy Corporate Officer, exited the room and counted the ballots.

CAO Horn declared Director Casemore the appointment to the Treaty Advisory Committee - Ktunaxa/Kinbasket.

Moved and seconded, and Resolved:

66/20 That the ballots used in the election of the Treaty Advisory Committee -

Ktunaxa/Kinbasket be destroyed.

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Carried

Chair Watson called for nominations for the Alternate appointment to the Treaty Advisory Committee - Ktunaxa/Kinbasket.

Director Popoff nominated Larry Binks

Chair Watson called for nominations a second and third time.

Being no further nominations, Chair Watson declared Larry Binks the Alternate appointment to the Treaty Advisory Committee - Ktunaxa/Kinbasket.

Moved and seconded, And Resolved:

67/20 The Board appoints the following Directors to the Ktunaxa Treaty Advisory Committee

with a term expiring December 31, 2020:

Director Casemore Larry Binks (Alternate)

Carried

Moved and seconded, And Resolved:

68/20 That the Board approve the stipend and expenses for Larry Binks to attend the

Ktunaxa/Kinbasket Advisory Committee be paid from General Administration Services S100.

Carried

Moved and seconded, And Resolved:

69/20 That Item 9.1 Bylaw 2679 & 2680: Land Use Amendment - Area K Block be considered at this time.

Carried

9.1 Bylaw 2679 & 2680: Land Use Amendment - Area K Block The Board Report dated January 3, 2020 from Dana Hawkins, Planner, seeking Board consider multiple text and land use amendments to the Electoral Area K - The Arrow Lakes Official Community Plan Bylaw No. 2022, 2009 and RDCK Zoning Bylaw No. 1675, 2004, has been received.

Moved and seconded, And Resolved:

70/20 That the following recommendation BE REFERRED to the February 20, 2020 Board

meeting:

That adoption of RDCK Zoning Amendment Bylaw No. 2680, 2019 be withheld until such a time a new water license application from Front Counter BC for the purposes of Industrial sub-purpose - Greenhouse/Nursery for Lot 10, District Lot 4274, Kootenay District Plan 1123 (PID 014-858-941) has been obtained.

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Carried

Chair Watson provided an update on the following:

arranging a meeting with the Ministry of Environment and Climate Change to discussIndustrial, Commercial, and Institutional recycling;

arranging a meeting with the Cannabis advisors of Community Futures and willreport back on the outcome at the February 20, 2020.

met with Tara D’Courcy, Forests, Lands, Natural Resource Operations and RuralDevelopment District Manager, regarding wildfire and the timber supply review.

15. ADJOURNMENTMoved and seconded,And Resolved:

71/20 That the meeting adjourn at 3:15 p.m.

Carried

Aimee Watson, RDCK Board Chair

Angela Lund, Secretary

Originally signed by

Originally signed by