REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR
MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF
NANAIMO HELD ON
Present:
Director J. Stanhope Chairperson
Director H. Kreiberg Electoral Area A
Director G. Lund Electoral Area B
Director E. Hamilton Electoral Area C
Director D. Haime Electoral Area D
Director P. Bibby Electoral Area E
Director L. Biggemann Electoral Area F
Director D. Bartram Electoral Area H
Alternate
Director B. Johnston City of Parksville
Director T. Westbroek Town of Qualicum Beach
Director C. Haime District of Lantzville
Director G. Korpan City of Nanaimo
Director R. Cantelon City of Nanaimo
Director T. Krall City of Nanaimo
Director L. Sherry City of Nanaimo
Director L. McNabb City of Nanaimo
Director B. Holdom City of Nanaimo
Also in
Attendance:
K. Daniels Chief Administrative
Officer
J. Finnie Gen. Mgr. of Environmental Services
B. Lapham Gen. Mgr. of Development Services
N. Connelly Gen. Mgr. of Community Services
C. Mason Gen. Mgr. of Corporate Services
N. Avery Manager of Financial Services
M. Pearse Manager of Administrative Services
DELEGATIONS
Geraldine Babiy, re Electoral Area ‘F’ Zoning & Subdivision Bylaw No.
1285.
Ms.
Babiy, owner of Arrowsmith Greenhouses, voiced her concerns with respect to the
zoning of neighbouring property at 2701 Alberni Highway which will permit the
processing of coffee beans under the definition of food processing.
MOVED
Director D. Haime, SECONDED Director Westbroek, that the following individuals
be permitted to address the Board as late delegations.
CARRIED
Alain Ruel & Reg Johansson, 893 Beaufort Royal Air Cadet Squadron,
re Property Tax Exemption – Errington School.
Mr.
Johansson, representing the Air Cadet Squadron, outlined their plans for the
former Errington School property and spoke of their request for a property tax
exemption.
Gareth Slocombe, re Zoning Amendment Application No. ZA0313 – Slocombe
– Parker Way & Ted’s Road – Area E.
Mr.
Slocombe provided an overview of his zoning amendment application and addressed
the parkland dedication concerns expressed by adjacent property owners.
Steve Atkinson, re Jameson Road Quarry – Area D.
Mr.
Atkinson reiterated his request for the Board to pursue legal action on the
Jameson Road quarry.
Nelson Eddy, re DVP No. 90324 – Eddy – 5058 Longview Drive – Area H.
Mr.
Eddy outlined his DVP application and requested the Board’s support.
BOARD MINUTES
MOVED Director Sherry, SECONDED Director Krall, that the minutes of the
Board meeting held on January 13, 2004, the Board seminar held on January 27,
2004 and the Special Board meeting held January 27, 2004 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Kathleen
Bennett, re DVP No. 90324 – Eddy – 5058 Longview Drive – Area H.
MOVED Director Sherry, SECONDED Director Bartram, that
the correspondence from Kathleen Bennett with respect to Development Variance
Permit Application No. 90324 be received.
CARRIED
Ken Kruper, Surecraft Developments Inc., re Zoning Amendment
Application No. ZA0313 – Slocombe – Parker Way & Ted’s Road – Area E.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from Ken Kruper with respect to Zoning Amendment
Application No. ZA0313 be received for information.
CARRIED
Ken & Deb Collingwood, re Zoning Amendment Application
No. ZA0313 – Slocombe – Parker Way & Ted’s Road – Area E.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from Ken and Deb Collingwood with respect to
Zoning Amendment Application No. ZA0313 be received for information.
CARRIED
Harold Bringsli, re DVP No. 90324 – Eddy – 5058 Longview
Drive – Area H.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from Harold Bringsli with respect to Development
Variance Permit No. 90324 be received for information.
CARRIED
Per & Bev Larsen re DVP No. 90324 – Eddy – 5058 Longview
Drive – Area H.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from Per and Bev Larsen with respect to
Development Variance Permit No. 90324 be received for information.
CARRIED
F. & E. Hieronymi, re DVP No. 90324 – Eddy – 5058
Longview Drive – Area H.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from F. and E. Hieronymi with respect to
Development Variance Permit No. 90324 be received for information.
CARRIED
Anne Copas, re DVP No. 90324 – Eddy – 5058 Longview Drive –
Area H.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from Anne Copas with respect to Development
Variance Permit No. 90324 be received for information.
CARRIED
Ursula Schroeder, re DVP No. 90324 – Eddy – 5058 Longview
Drive – Area H.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from Ursula Schroeder with respect to Development
Variance Permit No. 90324 be received for information.
CARRIED
Sheila Cummins, re DVP No. 90324 – Eddy – 5058 Longview
Drive – Area H.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from Sheila Cummins with respect to Development
Variance Permit No. 90324 be received for information.
CARRIED
Reinette Summers, re DVP No. 90324 – Eddy – 5058 Longview
Drive – Area H.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from Reinette Summers with respect to Development
Variance Permit No. 90324 be received for information.
CARRIED
D. & B. Bonner, re DVP No. 90401 – Sertic Cimmons
(Jorgensen) – 3225 Shetland Place – Area E.
MOVED Director Sherry, SECONDED Director Bartram, that the correspondence from D. and B. Bonner with respect to Development
Variance Permit No. 90401 be received for information.
CARRIED
UNFINISHED BUSINESS
DVP No. 90320
& Request for Relaxation of the Minimum 10% Perimeter Frontage Requirement
– W.R. Colclough & Associates Ltd. on Behalf of Land & Water BC – Trans
Canada Highway & Kipp Road – Area A.
MOVED Director Hamilton, SECONDED Director Kreiberg, that Development
Variance Permit Application No. 90320, submitted by WR Colclough & Associates
Ltd. on behalf of Land & Water BC, to allow the creation of a
non-contiguous lot and to allow the relaxation of the minimum 10% perimeter
frontage requirement in conjunction with the proposed subdivision be approved
subject to Land & Water BC securing transfer of Thelma Griffith Park to the
RDN in cooperation with BCBC if necessary prior to approval and subject to the
conditions outlined in Schedules No. 1 and 2 of the staff report and
notification requirements pursuant to the Local Government Act.
CARRIED
BYLAWS
For Adoption.
Bylaw No. 1363.
MOVED Director Bartram, SECONDED Director Sherry, that “Regional District
of Nanaimo Englishman River Community Storm Management Service Area
Establishment Bylaw No. 1363, 2003” be adopted.
CARRIED
Bylaw No. 1124.02.
MOVED
Director Sherry, SECONDED Director D. Haime, that “Surfside Sewer Local Service
Area Amendment Bylaw No. 1124.02, 2003” be adopted.
CARRIED
Bylaw No. 889.23.
MOVED
Director Krall, SECONDED Director Biggemann, that “Regional District of Nanaimo
Northern Community Sewer Local Service Area Amendment Bylaw No. 889.23, 2003”
be adopted.
CARRIED
STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND
RECOMMENDATIONS
ELECTORAL AREA PLANNING
STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director McNabb, that
the minutes of the Electoral Area Planning Committee meeting held January 27,
2004 be received for information.
CARRIED
AMENDMENT APPLICATIONS
Zoning Amendment Application No. ZA0313 –
Slocombe – Parker Way & Ted’s Road – Area E.
MOVED Director
Bibby, SECONDED Director Hamilton, that this application be deferred for one
month.
CARRIED
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 60358
– Smith & Tomei/Timberlake Jones – Clayton Crescent –Area E.
Director Bibby left the meeting citing a possible conflict of interest
with this item.
MOVED Director Hamilton, SECONDED Director Bartram, that
Development Permit No. 60358, submitted by Timberlake Jones Engineering on
behalf of T. Smith & N. Tomei, for the protection of an eagle nest tree
designated within the Sensitive Ecosystem Development Permit Area, in
conjunction with the proposed subdivision of the parcel legally described as
Lot 3, District Lot 52, Nanoose District, Plan VIP67511, be approved, subject
to the requirements outlined in Schedule Nos. 1, 2 and 3.
CARRIED
Director Bibby rejoined the meeting.
DP Application No. 60359 – Horne Lake
Strata Corp. – Finholm – Strata Lot 313 Horne Lake – 2498 Shady Lane – Area H.
Russ McCallum,
re DP Application No. 60359.
Mr. McCallum
stated that if this application is permitted it would interfere with his view.
MOVED Director
Hamilton, SECONDED Director Bartram, that Development Permit Application No.
60359, submitted by the agent, Keith Finholm, on behalf of Horne Lake Land
Corporation, for the property legally described as Strata Lot 313, District Lot
251, Alberni District, Strata Plan VIS5160, Together with an Interest in the
Common Property in Proportion to the Unit Entitlement of the Strata Lot as
Shown on Form V, requesting to relax the minimum setback requirements for all
watercourses except Horne Lake from 15.0 metres from the top of bank to 5.0
metres in order to accommodate the siting of a recreational residence with deck
and porch, and an accessory building, be approved subject to the conditions
outlined in Schedules No. 1, 2 and 3 and subject to the notification
requirements pursuant to the Local Government Act.
CARRIED
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
DVP Application No. 90324 – Eddy – 5058
Longview Drive – Area H.
MOVED Director
Hamilton, SECONDED Director Bartram, that Development Variance Permit
Application No. 90324, submitted by Diane Eddy and Nelson Eddy, to legalize the
existing accessory buildings and structures within a Residential 2 (RS2) zone
by varying the minimum permitted setbacks for lot lines and for a watercourse,
as shown in Schedule No. 3 of this staff report, for the property legally
described as Lot 43, District Lot 28, Newcastle District, Plan 22249, be
approved subject to the conditions outlined in Schedule No. 1 and subject to
the notification procedures pursuant to the Local Government Act.
CARRIED
DVP Application No. 90325 – Green –
Martindale Road – Area G.
MOVED Director
Hamilton, SECONDED Director Kreiberg, that Development Variance Permit No.
90325, submitted by Dale Green and Peggy Green, to facilitate the development
of a single dwelling unit within a Rural 1 (RU1) zone by varying the minimum
permitted setback to the south lot line from 8.0 metres to 4.0 metres, for the
property legally described as Lot 9, District Lot 128, Nanoose District, Plan
20938, be approved as amended, subject to notification procedures pursuant to
the Local Government Act and subject to the conditions outlined in Schedule No.
1, as amended.
CARRIED
DVP Application No. 90326 & Request
for Minimum 10% Frontage Requirement – RK Brown & Associates on behalf of
Wayne Roine – Farrar, Yellow Point & McQuarrie Roads – Area A.
MOVED Director
Hamilton, SECONDED Director Kreiberg, that the request, submitted by RK Brown,
on behalf of Wayne Roine to relax the minimum 10% frontage requirement for the
Proposed Lot 1, as shown on the revised plan of subdivision of The East 20
Chains of Section 5, Range 5, Cedar District, Except Parcel C (DD2340N) and
Except That Part in Plan 8609 and to allow the creation of a non-contiguous
parcel in conjunction with the proposed 3-lot subdivision, be approved subject
to the notification requirements pursuant to the Local Government Act.
CARRIED
DVP No. 90401 – Sertic Simmons
(Jorgensen) – 3525 Shetland Place – Area E.
MOVED Director
Hamilton, SECONDED Director Bibby, that Development Variance Permit Application
No. 90401, submitted by the agent, Peter Jorgensen, on behalf of Marijan Sertic
and Renate Dawn Simmons, for the property legally described as Strata Lot 48,
District Lot 78, Nanoose District, Strata Plan VIS3393 Together with an
Interest in the Common Property in Proportion to the Unit Entitlement of the
Strata Lot as Shown on Form 1 to:
a) Relax
the minimum setback requirements for the front lot line from 8.0 metres to
2.85;
b) Relax
the minimum setback requirements for the west interior side lot line from 2.0
metres to 0.0 metres;
in order to
accommodate the siting of a riprap retaining wall be approved subject to the
conditions outlined in Schedules No. 1 and 2 and subject to the notification
requirements pursuant to the Local Government Act.
CARRIED
OTHER
Aquaculture – Official Community Plan
& Zoning Amendment Issues & Public Consultation Strategy.
MOVED Director
Hamilton, SECONDED Director Kreiberg,:
That the staff
report on Aquaculture containing the minutes of the Public Consultation
Strategy be received.
That staff
arrange a public information meeting to present the draft zoning bylaws and OCP
policy amendments to the public, government agencies and the shellfish
industry.
That staff
prepare official referrals for the proposed amendments and forward them to the
agencies listed in the Public Consultation Framework.
That staff
contact those landowners on the list supplied by MAFF that have an existing
aquaculture facility on non-ALR land for comments on the proposed site specific
zoning amendment for these properties.
That the
existing definition of aquaculture pursuant to RDN Subdivision and Land Use
Bylaw No. 500, 1987 be expanded to specific types of aquaculture so that no
confusion exists between various types of aquaculture that will or will not be
permitted in the RDN land use regulations.
That the
siting criteria or guidelines in OCP policies for considering zoning amendments
to facilitate more intensive aquaculture development including seafood
processing and zoning amendment applications for new sites outside identified
areas proposed in the staff report be reviewed with appropriate federal and
provincial ministries to ensure consistency and concurrence and to ensure no
duplication of the requirements.
That the
proposal in the report to reduce noise and visual impacts for upland owners and
provide a safer environment for employees by encouraging shellfish growers to
conduct their operations in a building rather than on vessels or outside on
decks on the lease area be strengthened by not only expanding the building
envelope in the RDN land use bylaw but entering into discussion with the
Shellfish Growers Association and the provincial ministry to have them endorse
this best practice policy.
That the RDN
enter into a review of the existing Memorandum of Understanding with LWBC to
ensure they provide a referral on any proposed aquaculture leases in the RDN,
to include any public notification requirements in appropriate local
newspapers.
That the RDN
enter into a Memorandum of Understanding with the Ministry of Agriculture on
various types of aquaculture best practices.
That Schedule
No. 2 policy proposal “New Aquaculture Development” be held in abeyance until
after discussion with appropriate federal and provincial ministries to ensure
consistency and concurrence and to ensure no duplication of the stated
information requirements.
That Schedule
No. 2 be amended to read “Electoral Area ‘H’ Bylaw No. 1335, 2003” – Section
5.2 – “Resource Lands” and Section 5.3, “Rural Lands”, at the bottom of the
Schedule.
That the
General Manager of Development Services begin individual discussions with RDN
Directors on possible OCP map zoning amendments prior to beginning public
information meetings.
CARRIED
Intergovernmental Advisory Committee.
MOVED Director D. Haime, SECONDED Director Hamilton,
that the report “Intergovernmental Advisory Committee” be received.
CARRIED
Nanoose Bay Official Community Plan –
Terms of Reference – Area E.
MOVED Director Hamilton, SECONDED Director Bibby,
that the staff report on the Nanoose Bay Official Community Plan Terms of
Reference be received.
CARRIED
MOVED Director Hamilton, SECONDED Director Bibby,
that the Nanoose Bay Official Community Plan Terms of Reference (Attachment No.
1) be endorsed by the Board.
CARRIED
NEW BUSINESS
Board of Variance.
MOVED Director
Hamilton, SECONDED Director McNabb,:
That staff be
directed to prepare a report on the Board of Variance’s authority and make
recommendations on possible revisions to the public information guide, fees and
relationship to the RDN development variance permit process; and further that
this report be presented to the Board following the Province’s Board of
Variance seminar.
That staff
review and report back to Committee on policies with respect to retrospective
variance applications.
CARRIED
COMMITTEE OF THE WHOLE STANDING COMMITTEE
MOVED Director Sherry, SECONDED Director Westbroek,
that the minutes of the Committee of the Whole meeting held January 27, 2004 be
received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Tom Krall, Chair, Vancouver Island
Regional Library Board, re Library Book Rate Petition.
MOVED Director Krall, SECONDED Director Holdom, that the correspondence
from the Vancouver Island Regional Library Board requesting support in urging
the Minister of Canadian Heritage and the President/CEO of Canada Post to
maintain the current Canada Post library rate be received for information.
CARRIED
Maureen Surkan, re Walkers Animal Rescue
Centre – 1810 Nevan Brae Road – Area A.
MOVED Director Kreiberg, SECONDED Director Korpan, that the
correspondence from Ms. Surkan with respect to her support of the Walker Animal
Rescue Centre and the need for the service it provides be received.
COMMUNITY SERVICES
Establishment of a New Service to Manage
Hogweed as a Noxious Weed.
MOVED Director Westbroek, SECONDED Director Biggemann, that the report,
“Establishment of a Service to Manage Hogweed as a Noxious Weed” be received.
CARRIED
MOVED Director Westbroek, SECONDED Director Cantelon, that the Regional
District of Nanaimo not establish a new service to manage hogweed.
CARRIED
RECREATION & PARKS
Lighthouse Community Centre Society Request for
Funding – Area H.
MOVED Director Bartram, SECONDED Director Biggemann, that the Regional
District enter into an Agreement with the Lighthouse Community Centre Society
to provide funding assistance over four years for capital improvements, with
$15,000 to be allocated in 2004 and subsequent years assistance to be confirmed
through consultation with the Society and annual Regional District budget
approvals.
CARRIED
Nanaimo Area Land Trust Funding Request.
MOVED Director Westbroek, SECONDED Director Holdom,:
That the report on the Nanaimo Area Land Trust request for $16,000 in
core funding in 2004 from the Regional District, be received.
That the NALT request for $16,000 in core funding be referred to the
Budget Committee meeting.
CARRIED
REGIONAL GROWTH MANAGEMENT
Regional Context Statements – Content & Review
Process.
MOVED Director Westbroek, SECONDED Director Bibby, that the report
“Regional Context Statements: Content & Review Process” be received.
CARRIED
MOVED Director Westbroek, SECONDED Director Holdom, that the proposed
framework for developing the content of regional context statements for
inclusion in municipal and electoral area official community plans, to satisfy
the requirements of the Local Government Act and “Regional District of Nanaimo
Regional Growth Strategy Bylaw No. 1309”, be supported as presented in
Attachment 1.
CARRIED
MOVED Director Westbroek, SECONDED Director Bartram, that the proposed
process for developing and considering regional context statements for inclusion
in municipal and electoral area official community plans and for confirming
continued acceptance of regional context statements, to satisfy the
requirements of the Local Government Act and “Regional District of Nanaimo
Regional Growth Strategy Bylaw No. 1309”, be supported as presented in
Attachments 2 to 4.
CARRIED
CORPORATE SERVICES
ADMINISTRATION
Establishing Bylaw Amendments – District of
Lantzville Incorporation:
Recycling and Compulsory Collection Local Service
Amendment Bylaw No. 793.02.
MOVED Director C. Haime, SECONDED Director Korpan, that “Recycling and
Compulsory Collection Local Service Amendment Bylaw No. 793.02, 2004” be
introduced for first three readings and be forwarded to the Ministry of
Community, Aboriginal and Women’s Services for approval.
CARRIED
RDN District 68 E-911 Extended Service Area
Amendment Bylaw No. 887.02.
MOVED Director C. Haime, SECONDED Director Korpan, that “Regional
District of Nanaimo District 68 E-911 Extended Service Area Amendment Bylaw No.
887.02, 2004” be introduced for first three readings and be forwarded to the
Ministry of Community, Aboriginal and Women’s Services for approval.
CARRIED
RDN Pump & Haul Local Service Area Amendment
Bylaw No. 975.31.
MOVED Director C. Haime, SECONDED Director Sherry, that “Regional
District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No.
975.31, 2004” be introduced for first three readings and be forwarded to the
Ministry of Community, Aboriginal and Women’s Services for approval.
CARRIED
Solid Waste Management Local Service Amendment
Bylaw No. 792.01.
MOVED Director C. Haime, SECONDED Director Sherry, that “Solid Waste
Management Local Service Amendment Bylaw No. 792.01, 2004” be introduced for
first three readings and be forwarded to the Ministry of Community, Aboriginal
and Women’s Services for approval.
CARRIED
Southern Community Recreation Local Service Area
Amendment Bylaw No. 1059.03.
MOVED Director C. Haime, SECONDED Director Hamilton, that “Southern
Community Recreation Local Service Area Amendment Bylaw No. 1059.03, 2004” be
introduced for first three readings and be forwarded to the Ministry of
Community, Aboriginal and Women’s Services for approval.
CARRIED
Southern Community Transit Service Area Amendment
Bylaw No. 1230.02.
MOVED Director C. Haime, SECONDED Director Krall, that “Southern
Community Transit Service Area Amendment Bylaw No. 1230.02, 2004” be introduced
for first three readings and be forwarded to the Ministry of Community,
Aboriginal and Women’s Services for approval.
CARRIED
Certified Population Figures – District of
Lantzville.
MOVED Director C. Haime, SECONDED Director Holdom, that the report
regarding the certified population figures for Lantzville be received for
information.
CARRIED
FINANCE
San Pareil Water Service Security Issuing Bylaw No.
1367.
MOVED Director Westbroek, SECONDED Director Sherry, that “Regional
District of Nanaimo (San Pareil Water Service) Security Issuing Bylaw No. 1367,
2004” be introduced for first three readings.
CARRIED
MOVED Director Sherry, SECONDED Director Westbroek, that “Regional
District of Nanaimo (San Pareil Water Service) Security Issuing Bylaw No. 1367,
2004” having received three readings be adopted and forwarded to the Ministry
of Community, Aboriginal and Women’s Services for a Certificate of Approval.
CARRIED
2004 Parcel Tax Rolls.
MOVED Director Westbroek, SECONDED Director Bartram, that “Regional
District of Nanaimo Assessment Roll Preparation Bylaw No. 1366, 2004” be
introduced for first three readings.
CARRIED
MOVED Director Westbroek, SECONDED Director Hamilton, that “Regional
District of Nanaimo Assessment Roll Preparation Bylaw No. 1366, 2004” having
received three readings, be adopted.
CARRIED
2004 Revenue Anticipation Borrowing Bylaw No. 1368.
MOVED Director Westbroek, SECONDED Director Hamilton, that “Regional
District of Nanaimo 2004 Revenue Anticipation Borrowing Bylaw No. 1368, 2004”
be introduced for first three readings.
CARRIED
MOVED Director Westbroek, SECONDED Director Bartram, that “Regional
District of Nanaimo 2004 Revenue Anticipation Borrowing Bylaw No. 1368, 2004”
having received three readings, be adopted.
CARRIED
Ethical Purchasing Principles.
MOVED Director Krall, SECONDED Director McNabb, that Regional District
staff include in future tenders for employee clothing, a term requiring the
supplier to certify that they have not knowingly provided products which have
been manufactured in factories where children are used as slave labour or under
other exploitative circumstances.
CARRIED
Oceanside Place – Multiplex Financing.
MOVED Director Westbroek, SECONDED Director Biggemann, that the report
on multiplex financing be received for information.
CARRIED
ENVIRONMENTAL SERVICES
LIQUID WASTE
Pump and Haul Local Service Area Amendment Bylaw
No. 975.33 – 180 Burne Road – Area H.
MOVED Director
Bartram, SECONDED Director Johnston, that the boundaries of the RDN Pump and
Haul Local Service Area Bylaw 975 be amended to include 180 Burne Road, Bowser
(Deep Bay Harbour Authority).
CARRIED
MOVED Director
Bartram, SECONDED Director Cantelon, that “Regional District of Nanaimo Pump
and Haul Local Service Area Amendment Bylaw No. 975.33, 2004” be read three
times and forwarded to the Inspector of Municipalities for approval.
CARRIED
Greater Nanaimo Pollution Control Centre Biosolids
Composting Quote Results.
MOVED Director
C. Haime, SECONDED Director Westbroek, that this item be deferred to allow for
District of Lantzville and Regional District staff to meet on this issue and to
allow time for review by District of Lantzville Council and further that,
following these meetings, a report be forwarded to the Board for consideration.
CARRIED
SOLID WASTE
Policy for Solid Waste Disposal Fee Waiver
Requests.
MOVED Director
Sherry, SECONDED Director Cantelon,:
That staff be
directed to prepare a policy that retains the illegal dumping clean up protocol
and provides options for existing no-charge accounts.
That staff be
directed to send a letter to the Salvation Army advising them that their
request for tipping fee relief for construction and demolition debris from
their new facility cannot be supported.
CARRIED
UTILITIES
Unconfined Aquifer Protection Resolution.
MOVED Director Bartram, SECONDED Director
D. Haime, that the Board advance the following resolution to AVICC and UBCM:
WHEREAS the Regional District of Nanaimo
has previously advanced a resolution to AVICC/UBCM expressing support for new
provincial groundwater protection legislation and identifying a need for the
province to provide the resources and initiative to implement its legislative
responsibility and authority for the province’s groundwater resource;
AND WHEREAS it is recognized that
although groundwater protection legislation should address all groundwater
resources in the province, some areas of the province are underlain by
unconfined aquifers that may be more vulnerable to contamination from certain
surface activities and if these aquifers become contaminated, they may require
a long time or substantial costs to resolve the impact;
THEREFORE BE IT RESOLVED THAT the
Province, in enacting groundwater protection legislation, insure that the
regulatory and operational requirements that apply to the commercial,
industrial and development sectors are sufficiently prescriptive and will be
effectively administered and enforced to protect the Province’s unconfined
aquifers from contamination.
CARRIED
French Creek Sewer LSA Bylaw No. 813.28 and
Northern Community Sewer LSA Bylaw No. 889.24 – 792 Reid Road – Area G.
MOVED Director
Sherry, SECONDED Director Johnston, that “French Creek Sewer Local Service Area
Amendment Bylaw No. 813.28, 2004” be introduced, read three times and forwarded
to the Inspector of Municipalities for approval.
CARRIED
MOVED Director
Sherry, SECONDED Director Hamilton, that “Northern Community Sewer Local
Service Area Amendment Bylaw No. 889.24, 2004” be introduced, read three times
and forwarded to the Inspector of Municipalities for approval.
CARRIED
COMMISSION, ADVISORY & SELECT COMMITTEE
Electoral Area ‘B’ Parks & Open Space Advisory Committee.
MOVED Director Lund, SECONDED Director Korpan, that the minutes of the
Electoral Area ‘B’ Parks & Open Space Advisory Committee meeting held
November 3, 2003 be received for information.
CARRIED
Regional Waste Advisory Committee.
MOVED Director Sherry, SECONDED Director Hamilton, that the minutes of
the Regional Waste Advisory Committee meeting held December 4, 2003 be received
for information.
CARRIED
District 69 Recreation Commission.
MOVED Director Bartram, SECONDED Director Biggemann, that the minutes
of the District 69 Recreation Commission meeting held January 13, 2004 be
received for information.
CARRIED
MOVED Director Bartram, SECONDED Director Westbroek, that the Ravensong
Aquatic Steam Room/Dry Sauna project be approved for tender.
CARRIED
Intergovernmental Advisory Committee.
MOVED Director Krall, SECONDED Director Bibby, that the minutes of the
Intergovernmental Advisory Committee meeting held January 14, 2004 be received
for information.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Library Book Rate Petition.
MOVED Director Bibby, SECONDED Director Bartram, that the Regional
District of Nanaimo advise the Minister of Canadian Heritage of the Regional
District’s support for the maintenance of the Canada Post library rate and the
inclusion of informational, recreational and educational audiovisual materials
in the library rate.
CARRIED
SCHEDULED STANDING, ADVISORY STANDING AND
SELECT COMMITTEE REPORTS
Appointment to Nanaimo Airport
Commission.
MOVED Director Krall, SECONDED Director Korpan, that
Brian Smith be appointed to the Nanaimo Airport Commission for a term ending
April, 2005.
CARRIED
Electoral
Area ‘A’ Parks & Greenspace Advisory Committee.
MOVED Director Kreiberg, SECONDED Director Hamilton,
that Margaret Johnson be appointed to the Electoral Area ‘A’ Parks &
Greenspace Advisory Committee for a term ending December 31, 2005.
CARRIED
ADMINISTRATOR’S REPORT
Regional Growth Management Services
Public Workshops: Sustainability & Drinking Water Protection.
MOVED Director Holdom, SECONDED Director Bartram,
that the report, “Regional Growth Management Services Public Workshops:
Sustainability and Drinking Water Protection”, be received.
CARRIED
Liquid Waste Management Southern
Community Local Service Area Function Review.
MOVED Director D. Haime, SECONDED Director Hamilton,
that staff be directed to revisit governance and funding structures of the
Southern Community Local Service Area Function and make changes to the
applicable RDN bylaws that will provide greater certainty regarding the
expansion of service outside of the City of Nanaimo.
A recorded vote was requested.
The motion was DEFEATED with Directors Stanhope,
Bibby, Biggemann, Kreiberg, Bartram, Lund, D. Haime and Hamilton voting in the
affirmative and Directors Cantelon, Krall, Korpan, McNabb, C. Haime, Johnston,
Holdom, Westbroek and Sherry voting in the negative.
MOVED Director Krall, SECONDED Director Westbroek,
that the RDN repeal Bylaw No. 888 and related bylaws and negotiate terms and
conditions under which the Nanaimo Pollution Control Centre would be
transferred to the City of Nanaimo to address current issues pertaining to
governance.
A recorded vote was requested.
The motion CARRIED with Directors Cantelon, Bibby,
Krall, Biggemann, Korpan, McNabb, Johnston, Bartram, Lund, Holdom, Westbroek
and Sherry voting in the affirmative and Directors Stanhope, Kreiberg, C.
Haime, D. Haime and Hamilton voting in the negative.
Solid Waste Management Costs.
MOVED Director Krall, SECONDED Director Cantelon,
that the staff report on the costs of solid waste disposal be received
following a complete report from staff advising of the status of the directives
from the Board on August 12, 2003 as follows:
That the Board direct staff to regularly review
waste export options prior to future export contract renewals;
That the Board direct staff to include capacity
optimization at the existing landfill in the public consultation for the Stage
3 SWMP amendment process;
That the Board direct staff to continue to review
emerging residual waste management technologies and discuss potential
cooperative strategies with adjacent regional districts and that the Board
reconsider regional solid waste disposal option no later than December 31,
2006.
CARRIED
Repeal Structure Removal Bylaw No. 1362 –
Unsafe Building – 4025 West Island Highway – Area G.
MOVED Director McNabb, SECONDED Director Sherry,
that the Board repeal “Regional District of Nanaimo Structure Removal Bylaw No.
1362, 2003”.
CARRIED
Bylaw Contravention – Unsightly Premises
– Littlewood – 2406 Nanoose Beach Road – Area E.
Mr. Slade, adjacent property owner, expressed his
frustration on the time it is taking to have this property cleaned up.
Mr. Lawrence Gabriel questioned whether the 3 feet
of Mr. Littlewood’s building that is on his property will be removed.
MOVED Director Bibby, SECONDED Director Westbroek,
that should the property maintenance concerns not be rectified by February 10,
2004 pursuant to the “Unsightly Premises Regulatory Bylaw No. 1073, 1996” the
Board directs the owner of the above property to remove from the premises,
those items as set out in the attached resolution within fourteen (14) days, or
the work will be undertaken by the Regional District’s agents at the owner’s
cost.
CARRIED
Bylaw Contravention – Unsightly Premises
– Beavan/Lackie – 3030 Barnes Road – Area A.
The Board was advised that this item has been
resolved.
CARRIED
Electoral Area ‘F’ Zoning &
Subdivision Bylaw No. 1285 – ‘Finetuning Project’.
MOVED Director Biggemann, SECONDED Director Bartram,
that the staff report recommending the reintroduction of “Regional District of
Nanaimo Electoral Area ‘F’ Zoning and Subdivision Bylaw Amendment Bylaw No.
1285.01, 2003” be received.
CARRIED
MOVED Director Biggemann, SECONDED Director Bartram,
that “Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision
Bylaw Amendment Bylaw No. 1285.01, 2003” be reintroduced and given 1st
and 2nd reading as amended and be referred to a Public Hearing and
further that a site specific zone request permitting two dwelling units on the
property located at 908 Little Mountain Road be included as part of “Regional
District of Nanaimo Electoral Area F Zoning and Subdivision Bylaw No. 1285.01,
2003” and that the provision for a property identification sign at 2901 Alberni
Highway be restricted to not greater than 1.5 metres in height and 3.5 metres
in length and that food processing be restricted to coffee processing.
CARRIED
MOVED Director Biggemann, SECONDED Director Bartram,
that the holding of the Public Hearing with respect to “Regional District of
Nanaimo Electoral Area ‘F’ Zoning and Subdivision Bylaw Amendment Bylaw No.
1285.01, 2003” be delegated to Director Lou Biggemann or Director Joe Stanhope
as his alternate.
CARRIED
Permissive Tax Exemption Request.
MOVED Director Westbroek, SECONDED Director Bartram,
that 893 Beaufort, Royal Canadian Air Cadet Squadron be advised that the Board
supports its application to be considered exempt from property taxes under
Section 15(q) of the Rural Tax Act.
CARRIED
MOVED Director Westbroek, SECONDED Director Bartram,
that correspondence be sent to the Province, supporting the transfer of
adjacent land leases to the Air Cadet Squadron.
CARRIED
MOVED Director Sherry, SECONDED Director Krall, that
pursuant to section 242.2(1)(a), (c) and (h) of the Local Government Act
the Board proceed to an In Camera meeting to consider personnel issues,
employee negotiations and legal matters.
Jameson
Road Quarry – Area D.
MOVED Director D. Haime, SECONDED Director Westbroek, that the RDN resume
legal action against Copcan Contracting and Jameson Road Quarry and ask the
court to uphold the Regional District of Nanaimo’s zoning bylaws.
CARRIED
MOVED Director Korpan,
SECONDED Director Cantelon, that the Board authorize the Chief Administrative
Officer and Chairperson to continue to work with the UBCM and other local
governments to advance a process of mediation between local governments, the
Province and private industry to resolve conflicts regarding mining activity.
CARRIED
MOVED Director Sherry, SECONDED Director
Kreiberg, that this meeting terminate.
CARRIED
TIME: 9:30 PM
CHAIRPERSON GENERAL
MANAGER, CORPORATE SERVICES