REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, AUGUST 11, 1998, AT 7:35 PM IN THE
NANAIMO CITY COUNCIL CHAMBERS
Present:
Director G. Holme Chairperson
Director F. Garnish Electoral Area A
Alternate
Director C. Hemsworth Electoral Area B
Director E. Hamilton Electoral Area C
Director J. McLean Electoral Area F
Director J. Stanhope Electoral Area G
Director J. Duncan Electoral Area H
Director J. Banks City of Parksville
Director B. Luchtmeijer Town of Qualicum Beach
Director L. Sherry City of Nanaimo
Director L. McNabb City of Nanaimo
Director D. Rispin City of Nanaimo
Director G. Korpan City of Nanaimo
Director J. Little City of Nanaimo
Director B. McGuffie City of Nanaimo
Also in Attendance:
K. Daniels Chief Administrative Officer
N. Connelly Gen. Mgr. of Community Services
C. McIver Manager of Solid Waste
B. Lapham Gen. Mgr. of Development Services
M. Pearse Mgr. of Administrative Services
F. McFarlane Recording Secretary
DELEGATIONS
C. Grad, Nanaimo Airport Manager, re Electoral Area �A� Official Community Plan.
Mr. Murray McNab, speaking in Mr. Grad�s absence, urged Board members to move forward on the airport component of Bylaw 1116 and spoke in support of alternative no. 1 contained in the report.
L. Camire, Animal Crackers Pet Resort Inc., re Electoral Area �A� Official Community Plan.
Ms. Camire requested Board members� support to establish a high caliber pet boarding facility at the airport.
M. Blumel, Nanaimo Chamber of Commerce, re Electoral Area �A� Official Community Plan.
Mr. Blumel spoke on behalf of the Chamber of Commerce in support of the Nanaimo Regional Airport. He stressed the importance of the Airport in our community, the service it provides and the effect it has on bringing tourism dollars to the area.
D. Burnett, re Electoral Area �A� Official Community Plan.
Ms. Burnett outlined her concerns with respect to the formation of a sewer local service area in Electoral Area �A�.
P. Grand, re Electoral Area �A� Official Community Plan.
Ms. Grant requested that the Board establish a special committee to deal with riparian zones as it relates to the Official Community Plan.
G. Whitney, re Illegal Structure � 686 Chelsea Place � Area G.
Mr. Whitney�s presentation was moved to the In Camera session.
R. Palmer, re Development Permit Application No. 9808 � Royal Canadian Legion � Area D.
MOVED Director Garnish, SECONDED Director McGuffie, that R. Palmer, be permitted to address the Board as a late delegation.
CARRIED
Mr. Palmer requested the Board to delete the restrictive covenant requirement in Development Permit Application No. 9808.
E. Kuhn, re Amendment Application 9623 � B & W Land Corporation.
MOVED Director Stanhope, SECONDED Director Garnish, that E. Kuhn be permitted to address the Board as a late delegation.
CARRIED
Mr. Kuhn presented information from a geotechnical study done by Levelton Engineering Ltd., which supports a variable setback. With this study complete, he requested the Board allow them to use a variable setback rather than a flat 15 metres.
BOARD MINUTES
MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the regular Board meeting held on Tuesday, July 14, 1998 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
S. Hine, City of Parksville, re District 69 Recreation Commission Appointment.
MOVED Bradshaw, SECONDED Luchtmeijer, that Councillor J. Walters be appointed as the City of Parksville�s representative on the District 69 Recreation Commission.
CARRIED
UNFINISHED BUSINESS
Electoral Area �A� Official Community Plan.
MOVED Director Garnish, SECONDED Director Sherry, that the amended Regional District of Nanaimo Electoral Area �A� Official Community Plan Bylaw No. 1116, 1998 be received, be given 2nd reading as outlined in Alternative No. 3 of the staff report and be referred to the Agricultural Land Commission, Cowichan Valley Regional District and the City of Nanaimo.
CARRIED
MOVED Director McGuffie, SECONDED Director Luchtmeijer, that the motion be amended to eliminate (e) on Schedule 3.
CARRIED
The question was called on the main motion, as amended.
The motion CARRIED.
MOVED Director Garnish, SECONDED Director Sherry, that the amended Regional District of Nanaimo Electoral Area �A� Official Community Plan Bylaw No. 1116, 1998 proceed to a Public Hearing to be chaired by the Director of Electoral Area �A� or his alternate, after all mandatory referrals have been met.
CARRIED
MOVED Director McGuffie, SECONDED Director Little, that staff prepare a detailed report on the status of water supply and possible upgrades in Electoral Area �A� and the relationship between the aquifer and the Nanaimo River.
CARRIED
Minutes of the Public Hearing held July 29, 1998, with respect to Bylaws No. 500.240 (Astrakhan/Kyler) and 500.241 (Campbell/Sims) � Area H.
MOVED Director Garnish, SECONDED Director Sherry, that the minutes of the public hearing held on Wednesday, July 29, 1998, as a result of the public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.240, 1998" and "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.241, 1998", be received.
CARRIED
MOVED Director Garnish, SECONDED Director Sherry, that the "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.240, 1998", be passed at third reading.
CARRIED
MOVED Director Garnish, SECONDED Director Sherry, that the "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.241, 1998", be passed at third reading.
CARRIED
For Adoption.
Bylaw No. 843.01.
MOVED Director Garnish, SECONDED Director Sherry, that "Regional District of Nanaimo Floodplain Management Bylaw Amendment Bylaw No. 843.01, be adopted.
CARRIED
Bylaw No. 1096.
MOVED Director Garnish, SECONDED Director Sherry, that "Decourcey Water Supply Local Service Area Establishment Bylaw No. 1096, 1998" be adopted.
CARRIED
DEVELOPMENT SERVICES STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Luchtmeijer, that the minutes of the Development Services Committee meeting held on July 21, 1998, be received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
U. Dosanjh, Attorney General, re a Local Bylaw Court.
MOVED Director Hamilton, SECONDED Director Garnish, that the correspondence from U. Dosanjh, Attorney General, regarding the possible placement of a Bylaw Court in Nanaimo, be received for information.
CARRIED
F. Taylor, re Addition of Civic Address on Advertisements and Agendas.
MOVED Director Hamilton, SECONDED Director Garnish, that the correspondence from F. Taylor regarding the addition of civic addresses to future advertisements and agenda reports, be received for information.
CARRIED
MOVED Director McLean, SECONDED Luchtmeijer, that civic addresses be included in all future advertisements and reports.
CARRIED
BUILDING INSPECTION
Section 700 Filings.
The Chairperson advised that the following are deleted:
(a) Lot 2, Section 5, Range 4, Cedar Land District, Plan 47731, 2733 Ritten Road, Area �A;, owned by C. and K. Eert;
(b) Lot 3, District Lot 49, Nanoose Land District, Plan 49707, 574 Hawthorne Rise, Area �G�, owned by J. Savage.
The Chairperson listed each filing and asked that any property owner in the audience wishing to address the Board, to come forward when their name was called.
MOVED Director Hamilton, SECONDED Director Korpan, that a notice be filed pursuant to Section 700 of the Municipal Act, against the titles of the properties listed as follows:
a) Section 1, Range 4, Cedar Land District, Part shown outlined in red on Plan 432R, Manufactured Home Registration No. B11682, 3015 Giovando Road, Area �A�, owned by L. and L. McFadden;
b) Lot 7, Section 7, Range 5, Cedar Land District, Plan 13970, 3154 De Courcey Drive, Area �A�, owned by G. Ives;
c) Lot 3, Sections 19 and 22, Gabriola Island, Nanaimo Land District, 755 Horseshoe Road, Area �B�, owned by R. and K. Logan;
d) Lot 3, District Lot 22, Nanoose Land District, Plan 26956, 1489 Bay Drive, Area �G�, owned by A. Lightburn;
e) Lot 11, District Lot 28, Nanoose Land District, Plan 26472, 1365 Lee Road, Area �G�, owned by G. Dailey.
CARRIED
Building Inspection Advisory Committee.
MOVED Director Hamilton, SECONDED Director McGuffie, that staff be directed to proceed with the actions recommended in Alternative No. 1 and prepare the necessary amendments to Bylaw 1000 to expand the extended Building Inspection Services Area for full building permits and inspections to include the shaded sections of the Cassidy-South Wellington area outlined in Attachments 3 and 4 and 5 to the staff report.
CARRIED
MOVED Director Hamilton, SECONDED Director McGuffie, that "Regional District of Nanaimo Building Regulations and Fees Bylaw Amendment Bylaw 1000.01, 1998" be introduced and given first three (3) readings and proceed to public notification.
CARRIED
PLANNING
AMENDMENT APPLICATIONS
Application No. 9804 � Tower Fence Products Ltd. � Area A.
MOVED Director Hamilton, SECONDED Director Garnish, that Amendment Application No. AA 9804 by Tower Fence Products Limited, to amend the Electoral Area �A� Official Community Plan and rezone Lot A, Plan 7057, Section 14, Range 6, Cranberry District (1882 Fielding Road) from Residential 2 to Commercial 4, be denied.
CARRIED
Application No. 9623 � B & W Land Corporation � Area G.
MOVED Director Hamilton, SECONDED Director Luchtmeijer, that Application AA9623 to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" to rezone Lot D, District Lot 83, Nanoose District, Plan 49145 from Residential 1, and Rural 1, to Residential 5, be approved subject to requirements outlined in Schedule �1� including the following amendments:
That Schedule �1� be amended to insert the words "and completion of Roberton Boulevard through St. Andrews Lane to Barclay Crescent" in Item No. 7 after the word "Highways".
And that the development conform to a 15 metre setback from the top of the bank.
MOVED Director Stanhope, SECONDED Director McGuffie, that the motion be amended to delete the words "15 metre" and replace them with the word "variable".
CARRIED
The question was called on the main motion, as amended.
The motion was CARRIED.
MOVED Director Hamilton, SECONDED Director Stanhope, that "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500.190, 1998", which rezones Lot �D�, District Lot 83, Nanoose District, Plan 49145 from Residential 1 and Rural 1 to Residential 5, be given 1st and 2nd reading and proceed to public hearing to be chaired by the Director for Electoral Area �G�.
CARRIED
DEVELOPMENT VARIANCE PERMIT APPLICATION
Application No. 9803 � Tamagawa/McIntosh � Area A.
MOVED Director Hamilton, SECONDED Director Garnish, that Development Variance Permit Application No. 9803, to vary the setbacks to a watercourse requirement of 15m to 0.5m to permit the construction of a boathouse for the property legally described as the Remainder of Section 15, Range 3, Cedar District, be approved subject to the owners being advised to obtain permission from the owners of the lake bed for the proposed float to be located on the surface of the lake below the natural boundary.
CARRIED
DEVELOPMENT PERMIT APPLICATION
Application No. 9808 � Royal Canadian Legion - Area D.
MOVED Director Hamilton, SECONDED Director Sherry, that Development Permit No. 9808, to allow an addition to the Lantzville Legion Hall and vary the side yard setback from 5 metres to 22.86 cm (9 inches) and on-site parking requirements from 41 parking spaces to 22 parking spaces, including 2 handicapped parking spaces and one off-street loading space on the property legally described as Lot 1, Plan 48393, District Lot 27G, Wellington Land District, be approved subject to conditions outlined in Schedule �1�, including the following amendment:
That the words "drought resistant" be inserted between the words "biological" and "diverse" in Item 2, first
bullet, of Schedule 1.
CARRIED
Director Hamilton left the meeting citing a possible conflict with the next item.
FRONTAGE RELAXATION
Windmill Estates/Williamson & Associates - Area C.
MOVED Director Stanhope, SECONDED Director McGuffie, that the request from Williamson & Associates, BCLS, on behalf of Windmill Estates to relax the minimum 10% frontage requirement for proposed Lot 1, as shown on the proposed plan of subdivision of Parcel C (DD 4495N) of Section 13, Range 2, Cranberry District, Except Parts in Plan 5255 and Plan 1167R (Revision No. 3), be approved in consideration of the applicant�s concurrence to enter into a Section 219 covenant as outlined in the staff report with all costs associated with the registration of the covenant to be at the applicant�s expense.
CARRIED
Director Hamilton returned to the meeting.
1999 Management of Development Agreements.
MOVED Director McNabb, SECONDED Director McLean, that the City of Nanaimo withdraw from the Planning function.
DEFEATED
MOVED Director Garnish, SECONDED Director Hamilton, that the 1999 Management of Development Agreement between the Regional District and the City of Nanaimo be calculated at $0.71 per capita based on the 1996 Census and that the Chairperson and Secretary be authorized to sign the agreement on behalf of the Regional District of Nanaimo.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Bradshaw, Stanhope, Garnish and Hamilton voting in the affirmative and Directors Duncan and McLean voting in the negative.
MOVED Director Garnish, SECONDED Director Hamilton, that the 1999 Management of Development Agreement between the Regional District and the City of Parksville be calculated at $0.71 per capita based on the 1996 Census and that the Chairperson and Secretary be authorized to sign the agreement on behalf of the Regional District of Nanaimo.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Sherry, Rispin, McGuffie, McNabb, Stanhope, Korpan., Garnish and Hamilton voting in the affirmative and Directors Duncan and McLean voting in the negative.
MOVED Director Sherry, SECONDED Director McNabb, that the 1999 Management of Development Agreement between the Regional District and the Town of Qualicum Beach be calculated at $0.71 per capita based on the 1996 Census and that the Chairperson and Secretary be authorized to sign the agreement on behalf of the Regional District of Nanaimo.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Little, Bradshaw, Sherry, Rispin, McGuffie, McNabb, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Directors Duncan and McLean voting in the negative.
CARRIED
Management of Development Agreement Bylaws No. 1137, 1138 and 1139.
MOVED Director Hamilton, SECONDED Director Garnish, that "Regional District of Nanaimo/City of Nanaimo Management of Development Agreement Bylaw 1137, 1998"be given three (3) readings and be adopted.
CARRIED
MOVED Director Hamilton, SECONDED Director Garnish, that "Regional District of Nanaimo/City of Parksville Management of Development Agreement Bylaw 1138, 1998" be given three (3) readings and be adopted.
CARRIED
MOVED Director Hamilton, SECONDED Director McNabb, that "Regional District of Nanaimo/Town of Qualicum Beach Management of Development Agreement Bylaw 1139, 1998" be given three (3) readings and be adopted.
CARRIED
Islands Trust Council Policy Statement Amendment Bylaw No. 1.
MOVED Director Hamilton, SECONDED Director Garnish, that the Regional District of Nanaimo receive the "Islands Trust Council Policy Statement Amendment Bylaw No. 1, 1998" (Bylaw No. 53) and support the policy statement amendments.
CARRIED
ENVIRONMENTAL SERVICES STANDING COMMITTEE
MOVED Director Sherry, SECONDED Director McGuffie, that the minutes of the Environmental Services Committee meeting held July 28, 1998 be received for information.
CARRIED
LIQUID WASTE
French Creek Pollution Control Centre � Odour Control.
MOVED Director Sherry, SECONDED Stanhope:
That staff continue to monitor odour control at FCPCC and provide updates to the Board on a bi-monthly basis.
That staff send a letter of condolence to the family of Mr. Westaway who passed away recently. Mr. Art Westaway was an active member of the FCPCC Odour Control Program Peer Review Group as well as a member of the Liquid Waste Advisory Committee.
CARRIED
Northern and Southern Communities � Pump and Haul Bylaw Amendment.
MOVED Director Sherry, SECONDED Director Garnish, that the Regional District of Nanaimo approve the request to remove Lot 13, Plan 19972, Section 5, Land District 32, from the Pump and Haul Local Service Area.
CARRIED
MOVED Director Sherry, SECONDED Director McNabb, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.10, 1998" be read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
Duke Point Sewer Transfer Agreement.
MOVED Director Sherry, SECONDED Director Luchtmeijer, that the Chairperson and Secretary be authorized to sign the contract between the Regional District of Nanaimo and the City of Nanaimo, transferring ownership of the Duke Point sewer collection system from the City to the District.
MOVED Director Rispin, SECONDED Director Duncan, that the vote on this issue be delayed until the report on the water supply in the area is received.
DEFEATED
The question was called on the main motion.
The motion CARRIED.
SOLID WASTE
3Rs Plan Implementation � Disposal Bans � Progress Report.
MOVED Director Sherry, SECONDED Director McGuffie, that the progress report on recently enacted disposal bans on recyclable paper, metal and tires be received.
CARRIED
UTILITIES
Decourcey Water Local Service Area � Bylaw to Establish Water Rates.
MOVED Director Sherry, SECONDED Garnish, that "Decourcey Water Supply Local Service Area Rates and Regulations Bylaw No. 1097, 1998" be introduced and read three times.
CARRIED
MOVED Director Sherry, SECONDED Director Garnish, that "Decourcey Water Supply Local Service Area Rates and Regulations Bylaw No. 1097, 1998" be adopted.
CARRIED
Surfside Sewer LSA � Application for Inclusion into the Local Service Area.
MOVED Director Sherry, SECONDED Director Luchtmeijer, that the following applications for inclusion into the Surfside Sewer Local Service Area be approved:
Lot 1, Plan 11274, DL 9, Newcastle Land District
Lot 1, Plan VIP65041, DL 10, Newcastle Land District
Lot 2, Plan VIP65041, DL 10, Newcastle Land District
subject to the registration of covenants on title that restricts development potential of the lots to current legal non-conforming status or to the current permitted land uses under the existing zoning with no community services, in accordance with Bylaw 500.
CARRIED
MOVED Director Sherry, SECONDED Director McNabb, that "Surfside Sewer Local Service Area Amendment Bylaw No. 1124.01, 1998 be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
MOVED Director Sherry, SECONDED Director Stanhope, that "Northern Community Sewer Local Service Area Amendment Bylaw No. 889.09, 1998 be introduced, read three times, and after Bylaw No. 889.07 is adopted, be forwarded to the Inspector of Municipalities for approval.
CARRIED
CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE
MOVED Director Garnish, SECONDED Director Korpan, that the minutes of the regular Corporate & Community Services Committee meeting held August 4, 1998 be received for information.
CARRIED
ADMINISTRATION
Electoral Area A (MacMillan Road School Site) Sewer LSA Establishing Bylaw No. 1136.
MOVED Director Garnish, SECONDED Director McNabb, that "Electoral Area A (MacMillan Road School Site) Sewer Local Service Area Establishment Bylaw No. 1136, 1998" be introduced for first three readings and be forwarded to Municipal Affairs for approval.
MOVED Director Korpan, SECONDED Director Rispin, that this item be postponed until the water report is received.
DEFEATED
The question was called on the main motion.
The motion CARRIED.
FINANCE
Operating Results to June 30, 1998.
MOVED Director McNabb, SECONDED Director Garnish, that the Operating Results to June 30, 1998 be received for information.
CARRIED
Award of Tender for Errington Fire Department Vehicle Purchase.
MOVED Director Garnish, SECONDED McGuffie, that Island Freightliner (V.I.) Ltd. be awarded the contract for supply of a fire truck chassis to the Errington Fire Department in the amount of $91,000 before taxes subject to delivery of the product on or before August 12, 2000.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Bradshaw, Sherry, Hemsworth, Duncan, Rispin, McGuffie, McNabb, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Director CARRIED
McLean voting in the negative.
TRANSIT
Port Theatre Open House � Special Event Application.
MOVED Director Garnish, SECONDED Director McNabb, that the Special Events request by the Port Theatre for additional bus service by the Nanaimo Regional Transit System on September 20, 1998 be approved.
CARRIED
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE
MOVED Director Garnish, SECONDED Director McNabb, that the minutes of the Solid Waste Select Committee meeting held July 28, 1998 be received for information.
CARRIED
Electoral Area �F� Community Steering Committee.
MOVED Director Hamilton, SECONDED Director Garnish, that Alan Messner be appointed to the Electoral Area �F� Community Steering Committee.
CARRIED
Arrowsmith Benson � Cranberry-Bright OCP Advisory Committee.
MOVED Director Hamilton, SECONDED Sherry, that Susan Arman be appointed to the Arrowsmith Benson � Cranberry-Bright OCP Advisory Committee.
CARRIED
Barsby Lake Local Advisory Committee.
MOVED Director Sherry, SECONDED McNabb, that Brent Slotte, Ted Barsby, Donna Goodall, Sharon Bennett, Gladys Adams, Steven Lackey and two more to be appointed, be appointed to the Barsby Lake Local Advisory Committee.
CARRIED
Weigles Road Local Advisory Committee.
MOVED Director Sherry, SECONDED Director Stanhope, that David Mitchell, Denise Barber-Haime, Bob Jepson, Brian Blood and Steven Lackey be appointed to the Weigles Road Local Advisory Committee.
CARRIED
Solid Waste Advisory Committee.
MOVED Director Sherry, SECONDED Director McNabb, that Ken Gammel, John Beute, Rod Milner, Mick Flynn, Maureen Young, Gordon Proctor, and John Heisterman, be appointed to the Solid Waste Advisory Committee.
CARRIED
MOVED Director Sherry, SECONDED Director Garnish, that Director Sherry and Director McLean be appointed to the Solid Waste Advisory Committee, and that Director Savage and Director Hamilton be appointed as alternate directors.
CARRIED
NOTICE OF MOTION
From the July 14, 1998 Board Meeting
MOVED Director McNabb, SECONDED Director McGuffie, that any future vacancies to the Electoral Area �F� Community Steering Committee not be filled and that the Committee retain a membership of not less than 17 and not more than 34.
CARRIED
ADMINISTRATOR�S REPORT
MOVED Director McNabb, SECONDED Director McGuffie, that Mr. Roy G. Eppler be appointed as a Bylaw Enforcement Officer for the purpose of enforcing Regional District of Nanaimo bylaws and regulations as set out pursuant to the provisions of Bylaw Enforcement Officers Bylaw No. 857,1992.
CARRIED
ADJOURNMENT
MOVED Director McGuffie, SECONDED Director Garnish, that this meeting terminate.
CARRIED
TIME: 9:05 PM