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
Director R. Longmuir 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. McNabb City of Nanaimo
Alternate
Director D. Tyndall City of Nanaimo
Director B. Holdom City of Nanaimo
Also in
Attendance:
C. Mason Gen. Mgr. of Corporate Services
J. Finnie Gen. Mgr. of Environmental Services
B. Lapham Gen. Mgr. of Development Services
N. Connelly Gen. Mgr. of Community Services
N. Tonn Recording Secretary
CALL TO ORDER
The Chairperson
welcomed Alternate Director Tyndall to the meeting.
BOARD MINUTES
MOVED Director Krall, SECONDED Director Cantelon, that the minutes of the
Board meeting held March 9, 2004 and the Special Board meeting held March 23,
2004 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
A. Lightburn, re Resignation from Nanoose Bay Parks &
Open Space Committee.
MOVED Director Bibby, SECONDED Director Westbroek, that the
correspondence from Arthur Lightburn with respect to his resignation from the
Nanoose Bay Parks & Open Space Committee be received.
CARRIED
UNFINISHED BUSINESS
BYLAWS
For Adoption.
Bylaw No. 813.28.
MOVED Director Westbroek, SECONDED Director McNabb, that “French
Creek Sewerage Facilities Local Service Area Amendment Bylaw No. 813.28,
2004" be adopted.
CARRIED
Bylaw No. 889.24.
MOVED
Director Westbroek, SECONDED Director Longmuir, that “Regional
District of Nanaimo Northern Community Sewer Local Service Area Amendment Bylaw
No. 889.24, 2004" be adopted.
CARRIED
Bylaw No. 889.25.
MOVED
Director Bibby, SECONDED Director Krall, that “Regional District of Nanaimo Northern Community
Sewer Local Service Area Amendment Bylaw No. 889.25, 2004“
be adopted.
CARRIED
Bylaw No. 1021.04.
MOVED
Director Bibby, SECONDED Director Krall, that “Pacific Shores
Sewer Local Service Area Amendment Bylaw No. 1021.04, 2004”
be adopted.
CARRIED
Bylaw No. 1049.03.
MOVED
Director Bibby, SECONDED Director Cantelon, that “Nanoose
Bay Bulk Water Supply Local Service Area Boundary Amendment Bylaw No. 1049.03,
2004” be adopted.
CARRIED
Bylaw No. 806.04.
MOVED
Director Bartram, SECONDED Director Longmuir, that “Electoral Area ‘H’
Community Parks Local Service Requisition Limit Amendment Bylaw No. 806.04,
2004” be adopted.
CARRIED
Bylaw No. 1372.
MOVED
Director Bibby, SECONDED Director Korpan, that “Nanoose Bay
Water Supply Service Area Establishing Bylaw No. 1372, 2004”
be adopted.
CARRIED
Bylaw No. 1372.01.
MOVED
Director Bibby, SECONDED Director Cantelon, that “Nanoose
Bay Water Supply Service Area Boundary Amendment Bylaw No. 1372.01, 2004”
be adopted.
CARRIED
Bylaw No. 1059.03.
MOVED
Director C. Haime, SECONDED Director Bartram, that “Southern
Community Recreation Local Service Area Amendment Bylaw No. 1059.03, 2004"
be adopted.
CARRIED
Bylaw
No. 1062.02.
MOVED
Director Westbroek, SECONDED Director Holdom, that “French Creek Village
Streetlighting Local Service Area Boundary Amendment Bylaw
No. 1062.02, 2004” be adopted.
CARRIED
Bylaw
No. 1285.01.
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 adopted.
CARRIED
Public Hearings.
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.
MOVED Director Bibby, SECONDED Director Hamilton,
that the Report of Public Hearing containing the Summary of Minutes and
Submissions of the Public Hearing held on March 31, 2004 as a result of public
notification “Regional District of Nanaimo Land Use and Subdivision Bylaw
Amendment Bylaw No. 500.298, 2004” be received.
CARRIED
MOVED Director Bibby, SECONDED Director Hamilton,
that “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment
Bylaw No. 500.298, 2004” be given 3rd reading.
CARRIED
MOVED Director Bibby, SECONDED Director Hamilton,
that the conditions as outlined in Schedule No. 1 be secured and/or completed
by the applicant to the satisfaction of the Regional District prior to
consideration of adoption of Bylaw No. 500.298, 2004.
CARRIED
STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND
RECOMMENDATIONS
ELECTORAL AREA PLANNING
STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Bartram, that
the minutes of the Electoral Area Planning Committee meeting held March 23,
2004 be received for information.
CARRIED
PLANNING
AMENDMENT APPLICATIONS
Zoning Amendment Application No. ZA0401 –
Bob Colclough, on behalf of BC Buildings Corporation – 1329 Kipp Road – Area A.
MOVED Director
Hamilton, SECONDED Director Kreiberg, that the report of the Public Information
Meeting held March 10, 2004 be received.
CARRIED
MOVED Director
Hamilton, SECONDED Director Kreiberg, that “Regional District of Nanaimo Land
Use and Subdivision Bylaw Amendment Bylaw No. 500.299, 2004” be given 1st
and 2nd reading.
CARRIED
MOVED Director
Hamilton, SECONDED Director Kreiberg, that “Regional District of Nanaimo Land
Use and Subdivision Bylaw Amendment Bylaw No. 500.299, 2004” proceed to public
hearing.
CARRIED
MOVED Director
Hamilton, SECONDED Director Kreiberg, 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.
CARRIED
DEVELOPMENT
VARIANCE PERMIT APPLICATIONS
DVP Application No. 90323 – Huddy,
Fordham/Roder – 1950 Eagle Ridge Place – Area E.
MOVED Director
Hamilton, SECONDED Director Bibby, 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.
CARRIED
DVP Application No. 90405 – Deo –
Fourneau Way – Area G.
MOVED Director
Hamilton, SECONDED Director Bartram, 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.
CARRIED
OTHER
Review of Parkland Dedication in
Conjunction with the Subdivision Application Process.
MOVED Director
Hamilton, SECONDED Director Bibby, that the Policy “Review of the Consideration
of Park Land Dedication in Conjunction with the Subdivision Application
Process” be approved.
CARRIED
COMMITTEE OF THE WHOLE STANDING COMMITTEE
MOVED Director Cantelon, SECONDED Director Longmuir,
that the minutes of the regular Committee of the Whole meeting held March 23,
2004 be received for information.
CARRIED
COMMUNITY SERVICES
Community Water & Sewer Service Provision:
Environmental or Public Health Reasons.
MOVED Director Bartram, SECONDED Director McNabb, that the March 10,
2004 report “Community Water and Community Sewer Service Provision:
Environmental or Public Health Threats” be received.
CARRIED
MOVED Director Krall, SECONDED Director Bibby, 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 Hamilton, 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 Krall, 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
FINANCE
Annual Report of Directors’ & Committee
Members’ Remuneration and Expenses.
MOVED Director
Bibby, SECONDED Director McNabb, that the 2003 report on remuneration and
expenses for Board and Committee members be received.
CARRIED
2003 Audited Financial Statements.
MOVED Director
Krall, SECONDED Director Longmuir, 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
Holdom, SECONDED Director Hamilton, that “Administration Computer Equipment
(2003) Reserve Fund Expenditure Bylaw No. 1376, 2004” be introduced for first
three readings.
CARRIED
MOVED Director
Westbroek, SECONDED Director Hamilton, that “Administration Computer Equipment
(2003) Reserve Fund Expenditure Bylaw No. 1376, 2004” having received three
readings be adopted.
CARRIED
MOVED Director
Bibby, SECONDED Director McNabb, that “Fairwinds Water Local Service Area
Reserve Fund Expenditure (Well #3) Bylaw No. 1378, 2004” be introduced for
first three readings.
CARRIED
MOVED Director
Bibby, SECONDED Director McNabb, that “Fairwinds Water Local Service Area
Reserve Fund Expenditure (Well #3) Bylaw No. 1378, 2004” having received three
readings be adopted.
CARRIED
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 57 – Community Charter – Contravention of
Building Bylaw Report.
MOVED Director Hamilton, SECONDED
Director Krall, 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 Korpan, that “Regional District of Nanaimo Structure
Removal Repeal Bylaw No. 1382, 2004” be introduced for first three readings.
CARRIED
MOVED Director
Bibby, SECONDED Director Korpan, 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 Korpan, 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
Bibby, SECONDED Director Hamilton, 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.
MOVED Director Bartram, SECONDED Director Westbroek, 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.
CARRIED
MOVED Director
Bartram, SECONDED Director Westbroek, 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.
CARRIED
MOVED Director
Bartram, SECONDED Director Holdom, 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.
CARRIED
MOVED Director
Bartram, SECONDED Director Holdom, 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.
MOVED Director Cantelon, 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 C. Haime, SECONDED Director Longmuir, 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
Longmuir, SECONDED Director Holdom, 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
Krall, SECONDED Director Bartram, that the status report on residual solid
waste disposal be received for information.
CARRIED
UTILITIES
Arrowsmith Water Service Joint Venture Agreement.
MOVED Director
Westbroek, SECONDED Director Longmuir, 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 Westbroek, SECONDED Director Longmuir, that the minutes
of the Intergovernmental Advisory Committee meetings held February 17, 2004 and
March 9, 2004 be received for information.
CARRIED
MOVED Director
Biggemann, 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
MOVED Director
Westbroek, 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
Water and Wastewater Technologies.
MOVED Director
Bartram, SECONDED Director Westbroek, 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
MOVED Director
Cantelon, SECONDED Director Tyndall, 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
Landfill
Site Liaison Committee Appointments.
MOVED
Director Krall, SECONDED Director Holdom, 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.
MOVED Director Westbroek, SECONDED Director Tyndall,
that this item be referred to the In Camera Board meeting for further
discussion.
DEFEATED
The question was called on the main motion.
The motion CARRIED.
Ravensong Aquatic Centre – Stem Room/Sauna Addition – Awarding of Tender – Bylaw No. 1373.01.
MOVED Director Westbroek, SECONDED Director Bartram, that the tender for the Steam Room/Sauna Addition at the Ravensong Aquatic Centre be awarded to D. Robinson Contracting Ltd. for a contract price of $194,776.00.
CARRIED
MOVED Director Westbroek, SECONDED Director Bartram, that “Regional District of Nanaimo Financial Plan (2004 to 2009) Amendment Bylaw No. 1373.01, 2004” be introduced for first three readings.
CARRIED
MOVED Director Westbroek, SECONDED Director Bartram, that “Regional District of Nanaimo Financial Plan (2004 to 2009) Amendment Bylaw No. 1373.01, 2004” having received three readings, be adopted.
CARRIED
Electoral
Area ‘F’ Zoning & Subdivision Bylaw No. 1285 – ‘Finetuning Project’ – ALR
Properties.
MOVED Director Biggemann, SECONDED Director Hamilton, that the staff report be received.
CARRIED
MOVED Director Biggemann, SECONDED Director Bartram, that staff be directed to report back to the Electoral Area Planning Committee with proposed revised Terms of Reference for the Electoral Area ‘F’ ‘Finetuning Project’ after meeting with ALC.
CARRIED
Zoning
Amendment Application No. 9626 – Rondalyn Resort/Danron Holdings Ltd. – 1350
Timberlands Road – Area C.
MOVED Director Hamilton, SECONDED Director D. Haime, that the staff report be received for information.
CARRIED
MOVED Director Hamilton, SECONDED Director D. Haime, that “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.287, 2002” be given 3rd reading subject to the Conditions of Approval outlined in Schedule No. 1 and Schedule No. 2 of the staff report and comments received as a result of public notification.
CARRIED
MOVED Director Hamilton, SECONDED Director D. Haime, that the applicants be directed to complete the Conditions of Approval outlined in Schedules No. 1 and 2 prior to final adoption.
CARRIED
Regional
Landfill Geogrid Toe Berm Construction – Approval to Proceed to Tender and
Award of Consulting Services.
MOVED Director Krall, SECONDED Director McNabb, that the Board proceed to tender for the construction of a geogrid toe berm on the south side of the Regional Landfill and appoint the firm of Sperling Hansen as the project consultants.
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 first three readings.
CARRIED
MOVED Director Kreiberg, SECONDED Director Hamilton, that “Yellowpoint-Waterloo Fire Protection Specified Area – Control of Fires During Fire Season Bylaw No. 1381, 2004” having received three readings be adopted.
CARRIED
Federation
of Canadian Municipalities International Centre for Municipal Development –
Partnership Program.
MOVED Director Westbroek, SECONDED Director Holdom, that the Regional District of Nanaimo apply to the Federation of Canadian Municipalities International Centre for Municipal Development’s Partnership Program to become a partner with a municipality in a developing country to share expertise and knowledge on municipal management and governance.
CARRIED
MOVED Director Krall, SECONDED Director Cantelon,
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.
MOVED Director Krall, SECONDED Director
Cantelon, that this meeting adjourn to allow for an in camera session.
CARRIED
TIME: 7:35 PM
CHAIRPERSON GENERAL
MANAGER, CORPORATE SERVICES