REGIONAL DISTRICT OF
NANAIMO
BOARD MEETING
TUESDAY, APRIL 13, 2004
(immediately
following the Hospital Board meeting)
(RDN Board Chambers)
A
G E N D A
PAGES
1. CALL
TO ORDER
2.
DELEGATIONS
3. BOARD
MINUTES
9-28 Minutes
of the Board meeting held on March 9, 2004 and the Special Board meeting held
March 23, 2004.
4. BUSINESS ARISING
FROM THE MINUTES
5.
COMMUNICATIONS/CORRESPONDENCE
29 A. Lightburn, re
Resignation from Nanoose Bay Parks & Open Space Committee.
6.
UNFINISHED BUSINESS
BYLAWS
For Adoption.
Bylaw
No. 813.28 –
French Creek Sewerage Facilities Service Area Amendment Bylaw – 792 Reid Road –
Area G. (All Directors – One Vote)
Bylaw No. 889.24 – Northern Community Sewer Local Service Area Amendment Bylaw – 792 Reid Road – Area
G. (All Directors – One Vote)
Bylaw No. 889.25 – Northern Community Sewer Local Service Area Amendment Bylaw – 1555 Gracyn Drive –
Area E. (All Directors – One Vote)
Bylaw No. 1021.04 – Pacific Shores Sewer Local Service Area
Amendment Bylaw – 1555 Gracyn Drive – Area E.
(All Directors – One Vote)
Bylaw No.
1049.03 - Nanoose Bay Bulk Water Supply Local Service Area Bylaw – 2037
Claudet Road – Area E. (All Directors –
One Vote)
Bylaws
No. 1372 – Nanoose Bay Water Supply Service Area Establishing Bylaw. (All Directors – One Vote)
Bylaw No. 1372.01 - Nanoose Bay Water Supply Service Area Boundary Amendment Bylaw – 2037
Claudet Road – Area E. (All Directors –
One Vote)
Bylaw No. 1059.03 – Southern Community Recreation Local Service Area Amendment Bylaw – Establishing Bylaw Amendment
– District of Lantzville Incorporation. (All Directors – One Vote)
Bylaw No. 1062.02 – French Creek Village Streetlighting Local Service Area Bylaw - 688
Wembley Road – Area G. (All Directors – One Vote)
30-32 Bylaw No.
1285.01 - Electoral Area ‘F’ Zoning & Subdivision Amendment Bylaw. (Electoral Area Directors except EA ‘B’ –
One Vote)
Public Hearings.
33-49 Report of the Public Hearing
held March 31, 2004 with respect to Land Use and Subdivision Amendment Bylaw No.
500.298 - Gareth Slocombe – Parker Way & Ted’s Road – Area E. (Electoral Area Directors except EA ‘B’ –
One Vote).
7.
STANDING COMMITTEE,
SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS
7.1 ELECTORAL AREA
PLANNING STANDING COMMITTEE
50-51 Minutes of the Electoral Area Planning
Committee meeting held March 23, 2004.
(for information)
PLANNING
AMENDMENT
APPLICATIONS
Zoning Amendment Application No. ZA0401 – Bob
Colclough, on behalf of BC Building Corporation – 1329 Kipp Road – Area A. (Electoral Area Directors except EA ‘B’ – One Vote)
1. That
the report of the Public Information Meeting held March 10, 2004 be received.
2. That
“Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw
No. 500.299, 2004” be given 1st and 2nd reading.
3. That
“Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw
No. 500.299, 2004” proceed to public hearing.
4. That
the public hearing on “Regional District of Nanaimo Land Use and Subdivision
Bylaw Amendment Bylaw No. 500.299, 2004” be delegated to Director Kreiberg or
his alternate.
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
DVP Application No. 90323 – Huddy,
Fordham/Roder – 1950 Eagle Ridge Place – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)
Delegations wishing to
speak to DVP Application No. 90323.
That
Development Variance Permit Application No. 90323, submitted by Rosalinda Roder
and Hans Roder on behalf of Simon Huddy and Jane Fordham to vary the minimum
setback requirement for the interior side lot line from 2.0 metres to 0.0
metres to legalize the existing retaining wall, raised pool deck, and swimming
pool structures on the subject property legally described as Lot 23, District
Lot 78, Nanoose District, Plan 25828 be approved, subject to the requirements
outlined in Schedules No. 1, 2 and 3 and subject to the notification
requirements pursuant to the Local
Government Act.
DVP Application No. 90405 – Deo – Fourneau
Way – Area G. (Electoral Area Directors except EA ‘B’ – One
Vote)
Delegations wishing to
speak to DVP Application No. 90405.
That
Development Variance Permit Application No. 90405, submitted by the property
owners Anthony Deo and Cecilia Deo for the property legally described as Lot A
(DD EB20873) of Lot 16, Block 419, Nanoose District, Plan 36697 to relax the
maximum height requirements from 9.0 metres to 11.44 metres in order to allow
for the construction of a dwelling unit as proposed by the applicants 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.
OTHER
Review of Parkland Dedication in Conjunction
with the Subdivision Application Process.
(Electoral Area Directors except EA ‘B’ – One Vote)
That
the Policy “Review of the Consideration of Park Land Dedication in Conjunction
with the Subdivision Application Process” be approved.
7.2
COMMITTEE
OF THE WHOLE STANDING COMMITTEE
52-58 Minutes of the regular Committee of the Whole
meeting held March 23, 2004. (for
information)
COMMUNITY SERVICES
Community Water &
Sewer Service Provision: Environmental or Public Health Reasons. (All
Directors – One Vote)
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.
RECREATION & PARKS
Skateboard Park Proposal
– Area A. (All Directors – One Vote)
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.
CORPORATE SERVICES
ADMINISTRATION
Committee & Board Meeting Schedule. (All
Directors – One Vote)
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.
FINANCE
Annual Report of Directors’ & Committee
Members’ Remuneration and Expenses. (All Directors
– One Vote)
That
the 2003 report on remuneration and expenses for Board and Committee members be
received.
2003
Audited Financial Statements. (All Directors – One Vote)
That
the report on the audited financial statements for the year ended December 31,
2003 be received.
Reserve Fund Bylaws – Administration Computer
Equipment Reserve Fund Expenditure Bylaw No. 1376 and Fairwinds Water LSA
Reserve Fund Expenditure (Well #3) Bylaw No. 1378.
(All Directors –
Weighted Vote)
1. That
“Administration Computer Equipment (2003) Reserve Fund Expenditure Bylaw No.
1376, 2004” be introduced for first three readings.
(All
Directors – 2/3)
2. That
“Administration Computer Equipment (2003) Reserve Fund Expenditure Bylaw No.
1376, 2004” having received three readings be adopted.
(All Directors –
Weighted Vote)
3. That
“Fairwinds Water Local Service Area Reserve Fund Expenditure (Well #3) Bylaw
No. 1378, 2004” be introduced for first three readings.
(All Directors –
2/3)
4. That
“Fairwinds Water Local Service Area Reserve Fund Expenditure (Well #3) Bylaw
No. 1378, 2004” having received three readings be adopted.
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 57 – Community Charter – Contravention of Building
Bylaw Report. (All Directors – One Vote)
Property owners wishing to speak to their
proposed filing.
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.
BYLAW ENFORCEMENT
Structure Removal Repeal Bylaw No. 1382 – Illegal Construction
– Scott Kilner Littlewood – 2406 Nanoose Beach Road – Area E. (All
Directors – 2/3)
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.
Designation
of Animal Control Officer – District 68.
(All Directors – One Vote)
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.
Animal
Control Contracts – District 68 & 69.
(All Directors – Weighted
Vote)
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.
Noise Control Establishing Bylaw No. 1374 and
Regulatory Bylaw No. 1375 – Portion of Electoral Area H. (All
Directors – One Vote)
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 1,547 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.
PLANNING
Implications of Changes to Land Title Act & Water Act. (All
Directors – One Vote)
That the report be
received for information.
Animal Control, Planning & Land Use
Management Contract Services Agreement – District of Lantzville. (All Directors – Weighted Vote)
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.
ENVIRONMENTAL SERVICES
LIQUID
WASTE
French Creek Pollution Control Centre Biosolids Contract
Extension. (All Directors
- Weighted Vote)
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.
SOLID
WASTE
Residual Solid Waste
Disposal Options Status Report. (All Directors – One Vote)
That
the status report on residual solid waste disposal be received for information.
UTILITIES
Arrowsmith Water Service Joint Venture Agreement. (All Directors - Weighted Vote)
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).
COMMISSION,
ADVISORY & SELECT COMMITTEE
Regional Growth Monitoring Advisory Committee/State of
Sustainability Project. (All Directors – One Vote)
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.
Intergovernmental
Advisory Committee. (All Directors – One Vote)
That
the minutes of the Intergovernmental Advisory Committee meetings held February
17, 2004 and March 9, 2004 be received for information.
BUSINESS
ARISING FROM DELEGATIONS OR COMMUNICATIONS
Electoral Area ‘F’ Zoning and Subdivision Bylaw No. 1285 –
‘Finetuning Project’. (Electoral Area Directors except EA ‘B’ –
One Vote)
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.
Cathedral Grove. (All Directors – One Vote)
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.
NEW
BUSINESS
Water and Wastewater
Technologies. (All Directors – One Vote)
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.
Liability
Insurance. (All Directors – One Vote)
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.
Landfill Site Liaison
Committee Appointments. (All Directors – One Vote)
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.
7.3
EXECUTIVE STANDING
COMMITTEE
7.4 COMMISSIONS
7.5 SCHEDULED
STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
8.
ADMINISTRATOR’S REPORT
59-63 Ravensong
Aquatic Centre - Steam Room/Sauna Addition – Awarding of Tender – Bylaw No.
1373.01. (All Directors – Weighted Vote)
64-71 Electoral Area ‘F’ Zoning & Subdivision
Bylaw No. 1285 – ‘Finetuning Project’ – ALR Properties. (Electoral Area Directors except EA ‘B’ –
One Vote)
72-77 Zoning Amendment Applicant No.
9626 – Rondalyn Resort/Danron Holdings Ltd. – 1350 Timberlands Road – Area
C. (Electoral Area Directors except EA
‘B’ – One Vote)
78-80 Regional Landfill Geogrid Toe
Berm Construction – Approval to Proceed to Tender and Award of Consulting
Services. (All Directors – Weighted
Vote)
81-82 Yellowpoint-Waterloo Fire
Protection Specified Area – Control of Fires During Fire Season Bylaw No.
1381. (All Directors – 2/3)
83-85 Federation of Canadian
Municipalities International Centre for Municipal Development - Partnership
Program. (All Directors – One Vote)
9.
ADDENDUM
10.
BUSINESS ARISING FROM
DELEGATIONS OR COMMUNICATIONS
11. NEW BUSINESS
12. BOARD INFORMATION (Separate enclosure on blue paper)
13.
ADJOURNMENT
14. IN CAMERA
That pursuant to section 242.2(1)(h) of the
Local Government Act the Board proceed to an In Camera meeting to consider
legal matters.