REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE COMMITTEE
OF THE WHOLE
MEETING HELD ON TUESDAY,
MARCH 23, 2004, AT 7:11 PM
IN THE RDN BOARD CHAMBERS
Present:
Director
J. Stanhope Chairperson
Director
H. Kreiberg Electoral Area A
Director
G. Lund Electoral Area B
Director
E. Hamilton Electoral Area C
Alternate
Director
B. Jepson Electoral Area D
Director
P. Bibby Electoral Area E
Alternate
Director
I. Neden Electoral Area F
Director
D. Bartram Electoral Area H
Director
R. Longmuir City of Parksville
Alternate
Director
A. Kruyt Town of Qualicum Beach
Alternate
Director
B. Dempsey District of
Lantzville
Director
L. Sherry City of Nanaimo
Director
R. Cantelon City of Nanaimo
Director
L. McNabb City of Nanaimo
Director
G. Korpan City of Nanaimo
Alternate
Director
J. Manhas City of Nanaimo
Director
B. Holdom City of Nanaimo
Also in Attendance:
K.
Daniels Chief Administrative
Officer
B.
Lapham General Manager of
Development Services
N.
Connelly General Manager of Community
Services
J.
Finnie General Manager of
Environmental Services
N.
Avery Manager of Financial
Services
N.
Tonn Recording Secretary
DELEGATIONS
John Olsen,
re Electoral Area ‘F’ Zoning & Subdivision Bylaw No. 1285 – ‘Finetuning
Project’.
Mr. Olsen expressed his
concern with aspects of the Electoral Area ‘F’ Zoning and Subdivision Bylaw No.
1285 Finetuning Project and asked the Board to extend the existing RDN deadline
and that the Board direct staff to do a full investigation into the financial
impact to residents of proposed changes and the number of properties with
existing multiple dwellings on their property which would be affected by these
changes.
MOVED Director McNabb,
SECONDED Director Kruyt that the delegation be received.
CARRIED
MOVED Director Cantelon,
SECONDED Director Holdom, that Mr. Haskell be permitted to address the
Committee.
CARRIED
Syd
Haskell, Carmanah Forestry Society, re Cathedral Grove.
Mr. Haskell addressed the
need for public process which would allow an opportunity for public to comment
on the Provincial Government’s proposed plans for modifications to McMillan
Park and Cathedral Grove.
PRESENTATION
Capt. David
Marshall & Gary Leitch, BC Ferries, re Going Forward With Stability.
Mr. Marshall and Mr. Leitch
were not in attendance.
MINUTES
MOVED Director Sherry,
SECONDED Director Hamilton, that the minutes of the special Committee of the
Whole meeting held February 17, 2004 and the minutes of the regular Committee
of the Whole meeting held February 24, 2004 be adopted.
CARRIED
COMMUNITY
SERVICES
Community
Water & Sewer Service Provision: Environmental or Public Health Reasons.
MOVED Director McNabb,
SECONDED Director Sherry,:
1. That the March 10, 2004 report “Community Water and
Community Sewer Service Provision: Environmental or Public Health Threats” be
received.
2. That the approach for decision making about the provision of
community water service and or community sewer service to land designated by
the Regional Growth Strategy as Resource Lands and Open Space and Rural
Residential for environmental or public health reasons under Policy 7B of the
Regional Growth Strategy be approved as presented in Attachment 1 to the
report.
CARRIED
RECREATION
& PARKS
Skateboard
Park Proposal – Area A.
MOVED Director Kreiberg,
SECONDED Director Bartram, that School District No. 68 be requested to provide
an area of the Cedar Community Secondary School grounds through a long-term
lease or other form of agreement with the Regional District for the development
of a skate park facility by the Cedar Skate Park Association.
CARRIED
CORPORATE
SERVICES
ADMINISTRATION
Committee
& Board Meeting Schedule.
MOVED Director McNabb,
SECONDED Director Longmuir, that “Board Procedure Bylaw No. 1268, 2002” be
amended to incorporate the fourth Tuesday of each month (for the months from
January to November) as the regular meeting date for Board meetings, and that
the second Tuesday in December be defined as the regular Board meeting date for
the month of December.
CARRIED
Yellowpoint-Waterloo Fire Protection Specified Area –
Control of Fires During Fire Season Bylaw No. 1381.
MOVED Director Kreiberg, SECONDED Director Hamilton,
that “Yellowpoint-Waterloo Fire Protection Specified Area – Control of Fires
During Fire Season Bylaw No. 1381, 2004” be introduced for three readings and
proceed to be advertised as outlined in the staff report.
CARRIED
FINANCE
Annual Report of Directors’ & Committee Members’
Remuneration and Expenses.
MOVED Director Bartram, SECONDED Director Longmuir,
that the 2003 report on remuneration and expenses for Board and Committee
members be received.
CARRIED
2003 Audited Financial Statements.
MOVED Director Sherry, SECONDED Director Kruyt, that
the report on the audited financial statements for the year ended December 31,
2003 be received.
CARRIED
Reserve Fund Bylaws – Administration Computer
Equipment Reserve Fund Expenditure Bylaw No. 1376 and Fairwinds Water LSA
Reserve Fund Expenditure (Well #3) Bylaw No. 1378.
MOVED Director Hamilton, SECONDED Director Holdom,:
1. That
“Administration Computer Equipment (2003) Reserve Fund Expenditure Bylaw No.
1376, 2004” be introduced for first three readings.
2. That
“Administration Computer Equipment (2003) Reserve Fund Expenditure Bylaw No.
1376, 2004” having received three readings be adopted.
3. That
“Fairwinds Water Local Service Area Reserve Fund Expenditure (Well #3) Bylaw
No. 1378, 2004” be introduced for first three readings.
4. That
“Fairwinds Water Local Service Area Reserve Fund Expenditure (Well #3) Bylaw
No. 1378, 2004” having received three readings be adopted.
CARRIED
HOSPITAL
2003 Audited Financial Statements.
MOVED Director Sherry, SECONDED Director Longmuir,
that the report on the 2003 audited financial statements of the Nanaimo
Regional Hospital District be received.
CARRIED
DEVELOPMENT
SERVICES
BUILDING
INSPECTION
Section
57 – Community Charter – Contravention of Building Bylaw Report.
The
Chairperson listed each filing and asked that any property owner in the
audience wishing to address the Committee come forward when their name was
called.
MOVED Director Hamilton, SECONDED Director Kreiberg,
that a notice be filed against the titles of the properties listed, pursuant to
Section 57 of the Community Charter and that if the infractions are not
rectified within ninety (90) days, legal action will be pursued:
(a)
Lot 2, Section 16, Range 3, Plan VIS5292 together with an
interest in the common property in proportion to the unit entitlement of the
Strata Lot as shown on Form V, Mountain Land District, 3103 West Road,
Electoral Area ‘D’, owned by C. and D. Saywell;
(b)
Lot 2, Section 15, Range 3, Plan VIP73721, Mountain Land
District, 3311 Westview Acres Road, Electoral Area ‘D’, owned by R. and T.
Milner;
(c)
Lot 13, District Lot 6, Plan 23588, Nanoose Land District,
2360 McDivitt Drive, Electoral Area ‘E’, owned by S. Rowe;
(d)
Lot 21, District Lot 78, Plan VIP68559, Nanoose Land
District, 2480 Andover Road, Electoral Area ‘E’, owned by L. and R. Yip;
(e)
Lot 33, District Lot 116, Plan 27229, Nanoose Land District,
1060 Symons Crescent, Electoral Area ‘G’, owned by E. Williamson and B. Olson.
CARRIED
BYLAW
ENFORCEMENT
Structure
Removal Repeal Bylaw No. 1382 – Illegal Construction – Scott Kilner Littlewood
– 2406 Nanoose Beach Road – Area E.
MOVED
Director Bibby, SECONDED Director Hamilton,:
1. That
“Regional District of Nanaimo Structure Removal Repeal Bylaw No. 1382, 2004” be
introduced for first three readings.
2. That
“Regional District of Nanaimo Structure Removal Repeal Bylaw No. 1382, 2004”
having received three readings, be adopted.
CARRIED
Designation of Animal Control Officer – District 68.
MOVED Director Hamilton, SECONDED Director Longmuir,
that the Board designate, by resolution, Dale Rusch, Nanaimo Animal Shelter, as
a Bylaw Enforcement Officer for the specific purpose of enforcing Regional
District of Nanaimo Animal Control and Licensing Bylaws.
CARRIED
Animal Control Contracts – District 68 & 69.
MOVED Director Hamilton, SECONDED Director Sherry,
that the contracts for animal control services with Parksville-Qualicum SPCA
and Nanaimo Animal Shelter Ltd. be renewed for the term of March 1, 2004 to
February 28, 2007 with an increase in contract service fees of 2% per annum.
CARRIED
Noise Control Establishing Bylaw No. 1374 and
Regulatory Bylaw No. 1375 – Portion of Electoral Area H.
The General Manager of Development Services noted the
following amendments to the staff report:
1.
The number of electors
for purposes of the alternative elector approval process, is established at
1,525.
2.
For this proposed noise
bylaw, given that the service area is a portion of Electoral Area ‘H’, 10% of
the electors is established at 153.
3.
The property tax rate
has been established at 0.0202 cents per 1,000 of assessed value when applied
to the net taxable value of land and improvements to raise the funds required
for the establishment of the proposed noise bylaws.
MOVED Director Bartram, SECONDED Director Holdom,:
1. That
“Regional District of Nanaimo Electoral Area ‘H’ Noise Control Service
Establishment Bylaw No. 1266, 2002” and “Regional District of Nanaimo Noise
Control Regulatory Bylaw No. 1267, 2002” be abandoned.
2. That
the number of electors for the purpose of the alternative approval process be
established at 1,525 and that the electoral response form attached to the staff
report be approved.
3. That
“Regional District of Nanaimo Portion of Electoral Area ‘H’ Noise Control
Service Establishment Bylaw No. 1374, 2004” be introduced, read three times and
forwarded to the Inspector of Municipalities for approval.
4. That
“Regional District of Nanaimo Portion of Electoral Area ‘H’ Noise Control
Regulatory Bylaw No. 1375, 2004” be introduced, read three times and advertised
to provide notice of the Board’s intent to adopt this bylaw.
CARRIED
PLANNING
Implications of Changes to Land Title Act & Water
Act.
Section 10 is being
amended to clarify that applications for Crown Land disposition can be refused
if the application is not complete, the area is under reserve, or if the land
is withdrawn from disposition by the Minister.
Section 75 is being
amended to clarify that as part of a subdivision the Approving Officer can
require off site works where adjoining lands are impacted.
The Water Act is being
amended to clarify the rights and obligations a license holder may have
(possibly through a charge on title or other disclosure) prior to the
disposition of affected crown land.
The Water Act is being
amended to allow the Province to require a license applicant (possibly by
agreement or with other security) to use care and provide compensation if
required for any damage the applicant may cause when working in or around a
stream.
The Water Act is also
being amended to allow regulations to be established by the Province that would
require other planning processes (presumably Provincial) to either consider or
be consist with a Water Management Plan.
These regulations could also make the Water Management Plan prevail over
other planning processes except the Drinking Water Protection Plan Act.
MOVED Director Sherry, SECONDED Director Longmuir,
that the report be received for information.
CARRIED
Animal Control, Planning & Land Use Management
Contract Services Agreement – District of Lantzville.
MOVED Director Dempsey, SECONDED Director Jepson,
that the proposed Service Agreements between the Regional District of Nanaimo
and the District of Lantzville for Animal Control Services and Planning and
Land Use Management Services be approved.
CARRIED
ENVIRONMENTAL
SERVICES
LIQUID WASTE
French Creek Pollution Control Centre Biosolids
Contract Extension.
MOVED Director Sherry, SECONDED Director Longmuir,
that the Meadowlark Construction contract for composting and hauling biosolids
from the French Creek Pollution Control Centre for $48.00 per tonne be extended
for an additional year.
CARRIED
SOLID WASTE
Residual Solid Waste Disposal Options Status Report.
MOVED Director Sherry, SECONDED Director McNabb, that
the status report on residual solid waste disposal be received for information.
CARRIED
UTILITIES
Arrowsmith Water Service Joint Venture Agreement.
MOVED Director Kruyt, SECONDED Director Bibby, that
the Regional District of Nanaimo enter into an amended Joint Venture Agreement
to continue the Arrowsmith Water Service Joint Venture established on July 10,
1996 on the terms and conditions set out in the Agreement dated for reference
as April 1, 2004 (as attached to the staff report).
CARRIED
COMMISSION, ADVISORY & SELECT COMMITTEE
Regional Growth Monitoring Advisory Committee/State
of Sustainability Project.
MOVED Director Holdom, SECONDED Director Bartram,
that the minutes of the Regional Growth Monitoring Advisory Committee/State of
Sustainability Project meetings held February 19, 2004 and February 26, 2004 be
received for information.
CARRIED
Intergovernmental Advisory Committee.
MOVED Director Sherry, SECONDED Director Bibby, that
the minutes of the Intergovernmental Advisory Committee meetings held February
17, 2004 and March 9, 2004 be received for information.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Electoral Area ‘F’ Zoning and Subdivision Bylaw No.
1285 – ‘Finetuning Project’.
MOVED Director McNabb, SECONDED Director Bartram,
that staff be directed to bring forward a report on the proposed ALC
application requirement for properties in the ALR in Area ‘F’ which presently
have two dwellings on their property and that any actions be held in abeyance
until the report has been reviewed by the Board.
CARRIED
Cathedral Grove.
MOVED Director Holdom, SECONDED Director Cantelon,
that a letter be sent to Bill Barisoff, Minister of Water, Lands and Air
Protection, requesting a full and meaningful public presentation and process on
the Cathedral Grove Plan and to provide the District with a copy of the
proposed visitor parking plan as well as any other changes for the park.
CARRIED
NEW BUSINESS
Water and Wastewater Technologies.
MOVED Director Bartram, SECONDED Director Holdom,
that staff prepare a report and recommendation for the Board on innovative
water and wastewater technologies and techniques that have been, or may be in
use to include rainwater cistern system, water conservation to reduce demands
on water systems or distribution systems, and water reuse and recycling in
residential, commercial and industrial applications that may have application
in future development in the Regional District of Nanaimo.
CARRIED
Liability Insurance.
MOVED Director Korpan, SECONDED Director Jepson, that
staff provide a report with respect to liability insurance needs regarding
specific functions, including the process and cost breakdown which would
identify whether the Regional District as a whole or the specific area member
would be responsible for the function insurance costs.
CARRIED
IN CAMERA
MOVED Director Sherry, SECONDED Director Neden, that
pursuant to Section 242.2(1)(c) and (h) of the Local Government Act the
Board proceed to an In Camera meeting to consider a personnel matter and a
legal matter.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director Neden, that
this meeting adjourn to allow for an In Camera meeting.
CARRIED
TIME: 8:10 PM
Landfill Site Liaison Committee Appointments.
MOVED Director Korpan,
SECONDED Director Bibby, that the Board appoint Jim Young, Sheri Young, Ray
McGuire, Doug Lum, Gary Franssen, Al Leuschen and a to be determined
representative from the Snuneymuxw First Nation to the Landfill Site Liaison
Committee.
CARRIED
MOVED Director Sherry, SECONDED Director Neden, that
this meeting terminate.
CARRIED
TIME: 8:38 PM
CHAIRPERSON