BOWEN ISLAND MUNICIPALITY

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1 Regular Meeting of Council Page 1 of 10 May 24, 2005 BOWEN ISLAND MUNICIPALITY Minutes of the Regular Meeting of the Municipal Council of Bowen Island Municipality held Tuesday May 24, 2005 at 7:00 p.m. in the Municipal Hall, 981 Artisan Lane, Bowen Island, B.C. COUNCIL IN ATTENDANCE STAFF IN ATTENDANCE OTHERS IN ATTENDANCE CALL TO ORDER APPROVAL OF AGENDA RES# Introduction of Late Items RES# Mayor Lisa Barrett Councillor Neil Boyd Councillor Terry Cotter Councillor Peter Frinton Councillor Alan Leigh Councillor Alison Morse Councillor David Wrinch Isabell Hadford Chief Administrative Officer Brad Hawthorn Public Works Superintendent* Gina MacKay Island Community Planner* Chris Buchanan Bylaw Enforcement Officer* Michael Rosen Planning Consultant* The Public* The Press* Gayle Ferguson Minute Taker (* Denotes partial attendance) Mayor Barrett called the meeting to order at 7:08 p.m. That the agenda for the May 24, 2005 regular Council meeting be approved as amended. That the Late Items Agenda for the May 24, 2005 regular Council meeting be approved. ADOPTION OF MINUTES Minutes of the regular Council meeting held May 9, 2005 RES# That the minutes of the regular Council meeting held May 9, 2005 be adopted as amended: Page 6, add a new paragraph after Resolution No , It was noted that a policy of licensing well drillers would happen as part of the Business Licensing process. Page 6, Resolution No change Tom Ferguson to Thomas Ferguson.

2 Regular Meeting of Council Page 2 of 10 May 24, 2005 BUSINESS ARISING FROM MINUTES Councillor Frinton re: Resolution No Artisan Square Rezoning Application PUBLIC COMMENTS In response to a query regarding the deferral to the May 24, 2005 Council meeting of the Artisan Square Rezoning Application, the Planning Consultant noted that he had just missed the deadline for the May 24, 2005 Council meeting and a report would be coming forward to the June 13, 2005 Council meeting. Members of the Public commented on the following issues: Development Variance Permit BM-DVP to Gillian and Rudolf Kovanic Gillian Kovanic requested no further postponement to the issuance of the development variance permit as the neighbour s dissatisfaction with the easement was another matter and was in the hands of lawyers to be settled; Support of the issuance of development variance permit as several neighbours have indicated that they had no objection to the variance; Setback issue the danger of a 100-foot setback was that people had a tendency to cut down trees. Another option would be to have the siting done by a professional architect. Development Variance Permit BM-DVP to Moon Valley Holdings Ltd. Roger McGillvray of Armac Construction registered his opposition to a relaxation on the required number of parking spaces, for the schools and church located on Carter Road as there presently exists a conflict between allowed uses of the three institutional properties next to one rural property. He believed that if Council decided to allow the relaxation of parking requirements, which conflicts with the Official Community Plan for compatible land uses, Mr. McGillvray would assume that Council was in agreement that the zoning and density of the Armac property should be changed to something more compatible with the neighbouring property. BYLAWS Michael Rosen, Planning Consultant re: Snug Cove Village Plan Bylaw No. 137, 2004 Michael Rosen, Planning Consultant noted that he was not recommending another Public Information meeting and that the Public Hearing for Snug Cove Village Plan Bylaw No. 137, 2004 had been arranged for June 23, He further noted that he had received the comments from the Sustainable Community Advisory Committee regarding their request to review the proposed bylaw and their desire to have a public information meeting to introduce the proposed bylaw s new policies before the bylaw goes to final Public Hearing.

3 Regular Meeting of Council Page 3 of 10 May 24, 2005 Council agreed to the following minor changes to Snug Cove Village Plan Bylaw No. 137, 2004: Page Ownership - delete Paragraph 2; 2.4 BC Ferry Services Inc. Operations - delete an inadequate from in front of passenger waiting shelter Page rd paragraph - delete to medium 5 th paragraph - replace the word tourists with visitors throughout the document; 5 th paragraph, 4 th sentence - begin the sentence with The Upper Cove, Artisan Square. recognizing that other areas in the Cove will also Page 7, 1 st paragraph - pluralize the words museum and school Page 10 (e) Change zoning bylaw to land use bylaw ; 4.1.3, 2 nd line - change to ferry to to the ferry Page 12 (j)change the Municipality may acquire to the Municipality will acquire Page 13 Delete (d) Page Change gateway of the Island to gateway to the Island (a) Change enjoy visual and physical access to the water s edge to enjoy visual and pedestrian access to the water s edge Page (c) Delete if these sites were to be excluded from the Regional Park Discussion followed regarding whether to hold a second Public Information meeting prior to the Public Hearing. Snug Cove Village Plan -Bylaw No. 137, 2004 RES# That Bylaw No. 137, 2004 cited as Bowen Island Municipality Official Community Plan Bylaw No. 139, 1995, Amendment Bylaw No. 137, 2004 be re-read a first time as amended; and That pursuant to the Letters Patent, Bylaw No. 137, 2004 cited as Bowen Island Municipality Official Community Plan Bylaw No. 139, 1995, Amendment Bylaw No. 137, 2004 be referred to the Islands Trust for comment; and That Council authorize staff to arrange a Public Hearing for June 23, Mayor Barrett in Opposition

4 Regular Meeting of Council Page 4 of 10 May 24, 2005 RES# Michael Rosen, Planning Consultant re: Rezoning Application Hikers Trail Road/Tanner BM-RZ That Council authorize staff to arrange a Public Information Meeting regarding Bylaw No. 137, 2004 cited as Bowen Island Municipality Official Community Plan Bylaw No. 139, 1995, Amendment Bylaw No. 137, 2004 prior to the Public Hearing on a date to be determined by staff. Councillor Boyd declared a conflict of interest and left the meeting at 8:23 p.m. Michael Rosen, Planning Consultant responded to the following queries: Whether the ten meter corridor would be on both sides of Hikers Trail Road; The number of ground water monitoring devices for wells; Encouraging pervious surfaces; Provision of $40,000 to the Bowen Island Conservancy Suggestion to revise this amenity so that the Municipality receive the amount, which would then be designated for use by the Conservancy; The requirement for low flush toilet and low flow showerheads. Discussion followed regarding including enhanced building standards as part of the conditions in Schedule A. RES# RES# Bylaw No. 157, 2005 cited as Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 157, 2005 RES# RES# That Council vote on a resolution regarding enhanced building standards for Rezoning Application BM-RZ (Hiker Trail Road/Tanner) as a separate motion. Two Councillors in Opposition That staff be instructed to explore with the applicant of Rezoning Application BM-RZ (Hikers Trail Road/Tanner) the possibility of including enhanced building standards such as Leed H or the Vancouver Building guidelines for possible inclusion in Schedule A on the Planning Consultant s report dated May 11, 2005 and report back to Council. One Councillor in Opposition That Bylaw No. 157, 2005 cited as Bowen Island Municipality Land Use Bylaw no. 57, 2002, Amendment Bylaw No. 157, 2005 be read a first time. That, prior to the holding of the Public Hearing on Bylaw 157, 2005 cited as Bowen Island Municipality Land Use Bylaw no. 57, 2002, Amendment Bylaw No. 157, 2005 Council will require that:

5 Regular Meeting of Council Page 5 of 10 May 24, 2005 BUSINESS ARISING FROM MINUTES (Continued) 1. A proposed lot layout be prepared illustrating the sizes of the proposed new lots and the location of the proposed park dedication and protective areas; and 2. A draft restrictive covenant containing the provisions outlined in Schedule A of this report be prepared and be made available at the Public Hearing; and That prior to the adoption of Bylaw 157, 2005 the conditions outlined in Schedule A of the Planning Consultant s report dated May 11, 2005 have been satisfied; and That pursuant to the Letters Patent, Bowen Island Municipality Land Use Bylaw No, 57, 2002, Amendment Bylaw No. 157, 2005 be referred to the Islands Trust for comment. Councillor Boyd returned to the meeting at 8:50 p.m. Joanne Cunday, Director of Finance re: Correction to 2004 Audited Financial Statements, dated May 12, 2005 RES# Gina MacKay, Island Community Planner re: Proposed Issuance of Development Variance Permit BM-DVP to Rudolf and Gillian Kovanic at 255 Roberts Road RES# Gina MacKay, Island Community Planner re: Proposed Issuance of Development Variance Permit BM-DVP to WCD Developments and Moon Valley Holdings Ltd. at the site of IPS and Cates Hill Chapel That Council accept pages 4 and 5 of the Bowen Island Municipality 2004 Audited Financial Statements, attached to the report from the Director of Finance dated May 12, 2005, presented as a correction to the 2004 Audited Financial Statements accepted by Council at the May 9, 2005 regular meeting. Gina MacKay, Island Community Planner noted that Council had revisited the development variance permit application to Rudolf and Gillian Kovanic several times. Letters of support had been received from 14 neighbours and two members of the public who spoke to the issue earlier in the meeting. Discussion followed regarding the lengthy period of time since the 1993 construction and the issue of setting a precedent. That Council issue Development Variance Permit BM-DVP to Rudolf and Gillian Kovanic for the siting on an existing single family residential home and accessory building located at 255 Roberts Road, legally described as Lot E, District Lot 1911, Plan The Island Community Planner noted that the applicant was willing to provide signage and could be asked to delineate the parking spaces at the IPS and Cates Hill Chapel site. Discussion followed regarding whether there was a need for more signage and the possibility of a provision to secure off site parking

6 Regular Meeting of Council Page 6 of 10 May 24, 2005 RES# Fiona Beatty, Executive Director, Bowen Island Preschool and Community Daycare Society re: Parking Spaces for the Montessori School RES# Brad Hawthorn, Public Works Superintendent re: Result of negotiation with Bowen Waste Service, subsequent to the closing of the RFP Process for Collection and Removal of Recyclables and Garbage from Bowen Island, dated May 16, 2005 RES# That Council issue the Development Variance Permit BM-DVP to WCD Developments and Moon Valley Holdings Ltd. to allow for a relaxation in the number of off street parking spaces required for combined uses on Strata Lots 1, 2 and 3 at the site commonly referred to as IPS and Cates Hill Chapel, legally described as Strata Lots 1, 2 and 3, Strata Plan LMS That the correspondence from Fiona Beatty, Executive Director, Bowen Island Preschool and Community Daycare Society regarding signage dated April 20, 2005 be referred to the Public Works Superintendent for comment. Councillor Leigh left the meeting at 9:25 p.m. Brad Hawthorn, Public Works Superintendent provided clarification on the revised pricing based on negotiations with Bowen Waste Service and a review of garbage can decal sales and solid waste weights. CAO Hadford noted that the resolution regarding the Bowen Waste Service contract should include an actual dollar value. Whereas the Public Works Superintendent has undertaken an open and public process for obtaining Proposals for the Collection and Removal of Recyclables and Garbage from Bowen Island, and has further negotiated terms with the sole bidder and provided Council with the results; and Furthermore, whereas the submission provided is within the estimated range provided by the Public Works Superintendent, and Furthermore whereas the proponent has significant experience operating on Bowen Island and is in excellent standing with the Municipality; Be it resolved that staff be directed to enter into a five year contract with Bowen Waste Service for the approximate amount of $1.9 million with provisions for adjustments pursuant to the terms of the Public Works Superintendent s report dated May 16, 2005 related to considerations for growth in garbage volume and garbage can decals sales. Councillor Leigh retuned to the meeting at 9:35 p.m. STAFF REPORTS CAO s Report for April 2005 Council reviewed the CAO s report for April 2005.

7 Regular Meeting of Council Page 7 of 10 May 24, 2005 Chris Buchanan, Bylaw Enforcement Officer re: Lucky Philpot Tweten s attendance at his owner s wedding ceremony RES# Whereas Bowen Island Municipality Dog Control Bylaw No. 30, 2001 prohibits dogs to be on Tunstall Bay Beach during the months of July and August; and Whereas Ms. Julia Philpot and Mr. Shane Tweten consider their dog Lucky to be an important family member and have made a written request for permission to allow Lucky to attend their wedding ceremony on Tunstall Bay Beach; and Whereas they agree to keep Lucky leashed and under control at all times during his attendance at their wedding ceremony, and further agree to remove any waste left by him; Be it resolved that Lucky the dog may attend as ring bearer at his owner s wedding, being held on Tunstall Bay Beach on August 20, 2005 between 3:30 p.m. and 5:00 p.m. One Councillor in Opposition CORRESPONDENCE Bowen Island Yacht Club re: Application for exemption from the provisions of the Noise Control Bylaw RES# Johnny Carline, Chief Administrative Officer, and Greater Vancouver Regional District re: Bylaw to Add Part of City of Abbotsford as Participant in Regional Park Service dated April 26, 2005 RES# Anne Franc de Ferrière re: On Site Sewage Disposal, dated May 5, 2005 That Council grant an exemption from the provisions of the Noise Control Bylaw to the Bowen Island Yacht Club for the 17 th Annual Round Bowen Race Event at the Union Steamship Company Marina lawn, 431 Bowen Island Trunk Road on June 11, 2005 from 7:00 p.m. to 11:00 p.m. That Bowen Island Municipal Council consents to the adoption of the Greater Vancouver Regional District Regional Parks Service Conversion and Amendment Bylaw No. 1024, 2005 to add the remaining area (formerly the District of Abbotsford) of the City of Abbotsford as a participant in GVRD regional parks service. CAO Hadford reported that staff had met with Vancouver Coastal Health Authority in January, 2005 and reported to Council in February, 2005 with a copy of the new Waste Water Disposal regulations and that the Municipality had no authority to inspect septic systems. The responsibility would be on the property owner to develop a wastewater plan, have it implemented and follow a prescribed maintenance plan. Significant discussion took place regarding the upcoming new legislation regarding on site sewage disposal and the Municipality s responsibility if a septic system failed and adversely affected the Municipality s water systems.

8 Regular Meeting of Council Page 8 of 10 May 24, 2005 Ed Weismiller noted that after May 27, 2005 there would be no further inspections or designing of septic fields by the Vancouver Coastal Health Authority. RES# Geoff Teoli, Location Manager,Antonio Bay Productions re: Extension for Noise Exemption for the night of May 27, 2005 RES# Nancy Henderson, Executive Director, Social Planning and Research Council (SPARC) of BC re: Request to proclaim Saturday, June 4, 2005 as Access Awareness Day on Bowen Island REPORTS OF COMMITTEES COW COMMISSIONS That Council direct staff to send a letter to the various ministries requesting information related to Municipal liability and responsibilities for on site wastewater disposal systems if septic systems were to fail and contaminate water systems; and That the Ministries involved be requested to comment on the issues raised in the received from Anne Franc de Ferriere-Chollat dated May 17, That Council approve the request from Antonio Bay Productions Ltd. for an extension to the application for an exemption from the provisions of the Noise Control Bylaw at Bowfest Field for the filming of The Fog on the night of May 27, 2005 from 7:00 p.m. to 7:00 a.m. Mayor Barrett declared Saturday, June 4, 2005 as Access Awareness Day on Bowen Island. Council deferred the following reports from Committees and Commissions to the June 13, 2005 regular Council meeting: 1. Rezoning Application BM-RZ Greenway West 2. Development Variance Permit BM-DVP (Taylor/Lalonde) 3. Draft minutes of the Sustainable Community Advisory Committee meeting held April 26, 2005; 4. Draft minutes of the Advisory Planning Commission meeting held April 27, 2005; 5. Membership Issues within the Advisory Planning Commission; 6. Draft minutes of the Bowen Island Municipal Ferry Advisory Committee meeting held May 4, 2005; 7. Draft notes of the Bowen Bay Local Advisory Committee Public information meeting held April 30, 2005; 8. Draft minutes of the Bowen Bay Water System Local Advisory Committee meeting held April 30, 2005; 9. Water metering Bylaw for the Period of June 1 to October 31, 2005 for Bowen Bay Local service area; 10. Prohibit Drilling of Wells within Bowen Bay Water System Specified Area.

9 Regular Meeting of Council Page 9 of 10 May 24, 2005 Bowen Island Fire Department Statistics for the month of April 2005 Bowen Island Building Inspections Offices Month End Statistics for April 2005 NEW BUSINESS INFORMATION ITEMS Council deferred the report from the Bowen Island Fire Department to the June 13, 2005 regular Council meeting. Council deferred the report from the Bowen Island Building Inspector to the June 13, 2005 regular Council meeting. Council deferred discussion of the following new business items: 1. Councillor Cotter re: Briefing on items of interest that have appeared at the GVRD Finance Committee; 2. Councillor Alison Morse re: Sea to Sky air quality June 16, 205 meeting and the May 20, 2005 Article in the Vancouver Province Council deferred the Code Green The Home Energy Challenge information item for discussion to the June 13, 2005 regular Council meeting. That Council receive the Information Items as listed: 1. Federation of Canadian Municipalities, Members Advisory re: Land Management in Local Communities: a) Opportunity and Challenges for First Nations Municipal Government Relations - Building capacity through communication: Municipal-aboriginal partnerships in land management, dated May 13, 2005; b) Response to today s letter from the Leader of the Official Opposition regarding FCM s request to pass the Federal Budget quickly, dated May 6, 2005; 2. Islands Trust News Release re: June Trust Council agenda released, dated May 13, 2005; 3. Union of BC Municipalities re: West Nile Risk Reduction Initiative Funding Deadline extended to May 30, 2005, dated May 11, 2005; 4. BC Communities in Bloom News Release The City of Fort St. John and Urban Systems are announced as the first two sponsors of the BC Communities in Bloom program; 5. Eugene Parks, Vice president, International Composting Corporation re: In-vessel Composting facility, dated May 5, 2005; 6. Vancouver Coastal Health Authority Health Link re: North Shore and Sea to Sky Edition, May 4, 2005 Volume 1 Issue 8; 7. T.B.J. (Bev) Underhill, President, Bowen Island Historians re: Thank you to Council for the Core Community Grant, dated May 9, 2005; 8. Pat Griffiths, Committee Clerk, City of Coquitlam re: AirCare On-Road Program, dated May 5, 2005; 9. Board in Brief for the Greater Vancouver Regional District Board meeting held April 1, 2005;

10 Regular Meeting of Council Page 10 of 10 May 24, Donovan Reeves re: Property tax increases, dated May 1, 2005; 11. Wolfgang Duntz, President, Bowen Island Properties Ltd. re: Copy of the letter to Dave Nanson, Habitat Management, Fisheries and Oceans Canada re: Cowan Point Development Project, dated May 6, 2005; 12. BC Ferry Corporation re: Monthly Traffic Statistics for April 2005; 13. Denis Leech, Forest Capital Program Coordinator re: 2006 Forest Capital of BC, dated May 9, 2005; 14. David Essig, Chair, Islands Trust re: 2005 Islands Trust Requisition, dated April 27, 2005; 15. Gordon Macatee, Deputy Minister, Ministry of Water, Land and Air Protection re: Riparian Area Regulations, dated May 9, ADJOURNMENT RES# Certified Correct: That the regular meeting of Council be adjourned. Time: 10:15 p.m. Lisa Barrett Mayor Isabell Hadford Chief Administrative Office