REGIONAL DISTRICT OF NANAIMO

MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON

TUESDAY, SEPTEMBER 8, 1998, AT 7:30 PM IN THE

NANAIMO CITY COUNCIL CHAMBERS

Present:

Director E. Hamilton Chairperson

Director F. Garnish Electoral Area A

Director R. Loomis Electoral Area B

Director I. Savage Electoral Area D

Alternate

Director J. English Electoral Area E

Director J. McLean Electoral Area F

Director J. Stanhope Electoral Area G

Director J. Duncan Electoral Area H

Director J. Bradshaw 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 Mgr. of Solid Waste

B. Lapham Gen. Mgr. of Development Services

C. Mason Gen. Mgr. of Corporate Services

M. Pearse Mgr. of Administrative Services

DELEGATIONS

Jane Sanderson, re Cash-in-Lieu of Parkland � McFeely Drive � Area G.

Ms. Sanderson outlined her numerous concerns with respect to the subdivision proposal on McFeely Drive and her objection to the cash-in-lieu of parkland proposal.

MOVED Director Stanhope, SECONDED Director Rispin, that this delegation be received.

CARRIED

Don Sprokkreeff, Terrasol Bedminster Inc., re Alternative to Municipal Solid Waste Disposal.

Mr. Sprokkreeff presented a video describing their mixed waste composting facility design.

MOVED Director McNabb, SECONDED Director Sherry, that this delegation be received.

CARRIED

BOARD MINUTES

MOVED Director McNabb, SECONDED Director McGuffie, that the minutes of the regular Board meeting held on Tuesday, August 11, 1998 be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

S. Keddy, Town of Qualicum Beach, re Urban Containment and Fringe Area Management Implementation Agreement.

MOVED Director Stanhope, SECONDED Director McNabb, that the correspondence from the Town of Qualicum Beach re Urban Containment and Fringe Area Management Implementation Agreement be received.

CARRIED

B. Stafford-Smith, re Resignation from Parksville-Qualicum Advisory Planning Commission.

MOVED Director Stanhope, SECONDED Director McNabb, that the resignation from Mr. Brian Stafford-Smith be received.

CARRIED

UNFINISHED BUSINESS

From the August 11, 1998 Board Meeting

Application No. 9803 � Tamagawa/McIntosh � Area A.

MOVED Director Garnish, SECONDED Director McNabb, 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

Public Hearing.

Minutes of the Public Hearing held September 2, 1998, with respect to Bylaw No. 500.190 (B & W Land Corporation) � Area G.

MOVED Director Stanhope, SECONDED Director McNabb, that the minutes of the public hearing held on September 2, 1998, as a result of the notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.190, 1998", be received.

CARRIED

MOVED Director Stanhope, SECONDED Director McNabb, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.190, 1998", be granted third reading.

CARRIED

For Adoption.

Bylaw No. 889.07.

MOVED Director Stanhope, SECONDED Director Luchtmeijer, that "Regional District of Nanaimo Northern Community Sewer Local Service Area Amendment Bylaw No. 889.07, 1998", be adopted.

CARRIED

DEVELOPMENT SERVICES STANDING COMMITTEE

MOVED Director Stanhope, SECONDED Director McNabb, that the minutes of the regular Development Services Committee meeting held August 18, 1998 be received for information.

CARRIED

UNFINISHED BUSINESS

Mount Arrowsmith Biosphere Reserve.

MOVED Director Stanhope, SECONDED Director Loomis, that the Regional District of Nanaimo support the nomination of the proposed Mount Arrowsmith Biosphere Reserve subject to an acknowledgement that its management body, the Mount Arrowsmith Biosphere Foundation, is not assuming an active policy role or advocacy role on behalf of the Regional District and subject to ratification by the Regional District prior to any proposed changes in the terms of reference, powers or authority of its management body.

CARRIED

MOVED Director Luchtmeijer, SECONDED Director Stanhope, that the Board make application to the Mount Arrowsmith Biosphere for a position on their Board.

CARRIED

Amendment Application No. ZA9803 � MacMillan Bloedel/Sims Associates � Area G.

MOVED Director Stanhope, SECONDED Director McNabb,:

That Schedule No. 1 with respect to Amendment Application ZA 9803 be amended to add the provision for one residence and a chapel to the restrictive covenant which limits the proposed land uses.

That Amendment Application No. ZA 9803 submitted by Sims Associates, on behalf of MacMillan Bloedel Ltd., to rezone the property legally described as a portion of Block 564, Nanoose District, Except That Part Shown Outlined in Red on Plan 613-R and Except Part in Plans 31833, 39893, 42873 and 3132RW as shows on the corresponding plan of proposed subdivision from Resource Management 1 (RM1) Subdivision District �B� to Recreation 2 (RC2) Subdivision District �Z� be approved, subject to the conditions outlined in Schedule No. 1.

CARRIED

MOVED Director Stanhope, SECONDED Director McNabb, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.242, 1998"" which rezones the property legally described as a portion of Block 564, Nanoose District, Except That Part Shown Outlined in Red on Plan 613-R and Except That Part in Plans 31833, 39893, 42873 and 3132RW from Resource Management (RM1) Subdivision District �B�(8 ha minimum parcel size) to Recreation 2 (RC2) Subdivision District �Z� (no further subdivision), be given 1st and 2nd reading and proceed to public hearing to be chaired by the Director for Electoral Area �G� or his alternate.

CARRIED

BUILDING INSPECTION

Section 700 Filings.

MOVED Director Stanhope, SECONDED Director McLean, that no action be taken on the following property: Lot 1, Amended District Lot 167 (DD 66169N), Nanoose District, Plan VIP65823, 1636 East Island Highway, Area �E�, owned by C. Hale.

A recorded vote was requested.

The motion was DEFEATED with Directors English, Little, Duncan, Rispin, McNabb, Stanhope and MacLean voting in the affirmative and Directors Luchtmeijer, Bradshaw, Sherry, Loomis, McGuffie, Savage, Korpan, Garnish and Hamilton voting in the negative.

MOVED Director Savage, SECONDED Director Loomis, that a notice be filed pursuant to Section 700 of the Municipal Act against the title of Lot 1, Amended District Lot 167 (DD 66169N), Nanoose District, Plan VIP65823, 1636 East Island Highway, Area �E�, owned by C. Hale and that the fee to remove the filing be waived.

A recorded vote was requested.

The motion was DEFEATED with Directors Rispin, Loomis and Savage voting in the affirmative and Directors English, Luchtmeijer, Little, Bradshaw, Sherry, Duncan, McGuffie, McNabb, Stanhope, McLean, Korpan, Garnish and Hamilton voting in the negative.

MOVED Director Korpan, SECONDED Director McGuffie, that a notice be filed pursuant to Section 700 of the Municipal Act against the title of Lot 1, Amended District Lot 167 (DD 66169N), Nanoose District, Plan VIP65823, 1636 East Island Highway, Area �E�, owned by C. Hale and that the fee to remove the filing not be waived.

CARRIED

MOVED Director Stanhope, SECONDED Director Sherry, that a notice be filed pursuant to Section 700 of the Municipal Act, against the title of That Part of Lot A, District Lot 27, Nanoose Land District, Plan 1300, Lying to the South of South Westerly Boundary of the Right of Way of the Esquimalt and Nanaimo Railway company as said Right of Way is shown on Plan deposited under DD 7736-F, except part in Plan 25748, 891 Drew Road, Area �G�, owned by V. Sorensen.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Application No. ZA 9807 � Friede/Sims Associates � 6060 Island Highway � Area H.

MOVED Director Duncan, SECONDED Director McGuffie, that amendment application ZA 9807, by Friede/Sims, to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" to expand the area zoned Commercial 5 (CM5) on Lot 1, District Lot 20, Newcastle District, Plan 6994 be approved subject to the conditions in Schedule �1�.

CARRIED

MOVED Director Stanhope, SECONDED Director McGuffie, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.243, 1998", which amends the zoning for +6151 m2 of Lot 1, District Lot 20, Newcastle District, Plan 6994, from Rural 1 (RU1) to Commercial 5 (CM5) and amends the Subdivision District from �D� and �M� to �Z�, be given 1st and 2nd reading and proceed to public hearing to be chaired by the Director of Electoral Area �H�, or his alternate.

CARRIED

SUBDIVISION APPLICATION (Parkland)

Cash-in-Lieu � McFeely Drive � Area G.

MOVED Director Stanhope, SECONDED Director Luchtmeijer, that the request submitted by Sims Associates, BCLS, on behalf of Pacific Beach Investments, to offer paying cash-in-lieu of park land as part of the subdivision of Lot 1, District Lot 9, Newcastle Land District, Plan 37995, be accepted.

CARRIED

ENVIRONMENTAL SERVICES STANDING COMMITTEE

MOVED Director Sherry, SECONDED Director Luchtmeijer, that the minutes of the Environmental Services Committee meeting held August 25, 1998 be received for information.

CARRIED

LIQUID WASTE

Appointment of Sewage Control Manager/Municipal Sewage Control Officer.

MOVED Director Sherry, SECONDED Director McNabb, that the Board appoint Dennis Trudeau, Manager of Liquid Waste as Sewage Control Manager and Bob Swanson, Operations Supervisor as Municipal Sewage Control Officer.

CARRIED

Duke Point Pollution Control Centre � West Coast Reduction Ltd. Connection.

MOVED Director Sherry, SECONDED Director McNabb, that the Board approve the connection of West Coast Reduction Ltd. to the Duke Point Pollution Control Centre and issue a Waste Discharge Permit.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that the Board authorize the Chairperson and Secretary to enter into an agreement with West Coast Reduction Ltd.

CARRIED

MOVED Director Korpan, SECONDED Director Luchtmeijer, that the supplementary report regarding tertiary treatment be received for information.

CARRIED

Chase River Forcemain Twinning Stage 3 � Award of Contract.

MOVED Director Sherry, SECONDED Director McNabb, that the Regional District of Nanaimo award Contract 122.46.7.2 Stage III Valve Chamber Connection to Hub City Excavating Ltd. for the tendered amount of $151,204.00.

CARRIED

SOLID WASTE

Regional Landfill � Request to Change Operating Hours.

MOVED Director Sherry, SECONDED Director McNabb,:

That effective October 1, 1998, the hours of operation at the Regional Landfill be changed to: Monday to Saturday 7:15 a.m. to 8:00 a.m. for commercial customers only and 8:00 a.m. to 5:00 p.m. for residential and commercial customers; Sundays 10:00 a.m. to 5:00 p.m.; and, close all statutory holidays except Easter Monday.

That effective October 1, 1998 the hours of operation at the Church Road Transfer Station remain at 8:00 a.m. to 4:30 p.m. Monday to Saturday; but, change to 10:00 a.m. to 4:30 p.m. on Sundays and close all statutory holidays except Easter Monday.

CARRIED

Use of Round-up.

MOVED Director Garnish, SECONDED Director Luchtmeijer, that staff be requested to appeal to the Ministry of Environment regarding the proposed use of Round-up by E & N Railway, and that the appeal be submitted by August 28, 1998.

CARRIED

Electoral Area �A� Advisory Committee.

MOVED Director Sherry, SECONDED Director Garnish, that staff bring forward a report for the Board�s consideration regarding formation of a Local Sewer Advisory Committee for Electoral Area �A�.

CARRIED

CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

MOVED Director Garnish, SECONDED Director McGuffie, that the minutes of the regular Corporate & Community Services Committee meeting held September 1, 1998 be received for information.

CARRIED

ADMINISTRATION

Morningstar Golf Course Liquor License Amendment.

MOVED Director Garnish, SECONDED Director Stanhope, that the Liquor Control & Licensing Branch be informed that the Board has no objection to the Eaglestar Golf Inc.�s (Morningstar Golf Facility) application to amend its Class �A� license to increase the seating capacity in the clubhouse to 72.

CARRIED

Appointment to RDN Advisory Committees and Commissions Policy A1.14.

MOVED Director Garnish, SECONDED Director Savage, that the Appointment to RDN Advisory Committees and Commissions Policy No. A1.14 be approved as presented.

CARRIED

Gabriola Island Library Space.

MOVED Director Garnish, SECONDED Director Loomis,:

That the Regional District enter into an agreement with the Vancouver Island Regional Library Board with regard to the funding and provision of a library facility on Gabriola Island from 1999 to 2002.

That $20,000 be provided in the 1999 Grants-in-Aid provisional budget, to be paid by property owners in Electoral Area �B�, to provide for the Vancouver Island Regional Library Board�s facility costs of providing a branch on Gabriola Island in 1999.

CARRIED

RECREATION & PARKS

District 69 Trail System Update.

MOVED Director Garnish, SECONDED Director Stanhope, that the District 69 Trail System update be received as information.

CARRIED

Proposed Lease of Beach Access � Area H.

MOVED Director Garnish, SECONDED Director Stanhope,:

That the Regional District apply to the Ministry of Transportation and Highways for a lease of the Franksea Road beach access right-of-way, and an extension of the Sunnybeach Road lease in Electoral Area �H�.

That staff pursue the possible option of obtaining trail access without the need for a lease.

CARRIED

REGIONAL GROWTH MANAGEMENT

Regional Context Statement (RCS) � City of Nanaimo.

MOVED Director Garnish, SECONDED Director McNabb, that the Regional District of Nanaimo accept the City of Nanaimo Regional Context Statement (Bylaw No. 6000.017) and inform the City of its acceptance.

CARRIED

TRANSIT

Parksville Qualicum Beach Service Expansion.

MOVED Director Luchtmeijer, SECONDED Director Bradshaw, that the proposed service improvements for the Parksville/Qualicum Beach Transit System for 1999, as outlined in the Transit Business Plan, be forwarded to the 1999 Provisional Budget review process for consideration.

CARRIED

Nanaimo HandyDART � Proposed Service Increase.

MOVED Director Garnish, SECONDED Director Savage, that the proposed service improvements for the Nanaimo HandyDART for 1999, as outlined in the Transit Business Plan, be forwarded to the 1999 Provisional Budget review process for consideration.

CARRIED

NEW BUSINESS

Use of Round-up.

MOVED Director Garnish, SECONDED Director McGuffie, that the Board request a Stay of Proceedings in conjunction with the Cowichan Valley Regional District to the Ministry of Environment Appeal Board regarding use of round-up on the E & N Railway lines.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

MOVED Director Korpan, SECONDED Director Garnish,:

That the minutes of the Solid Waste Select Committee meeting held August 25, 1998 be received for information.

That the minutes of the Performance Review Select Committee meeting held August 19, 1998 be received for information.

That the minutes of the Aggregates Study Select Committee meeting held August 26, 1998 be received for information.

That the minutes of the Aggregates Study Public Advisory Committee meeting held August 26, 1998 be received for information.

CARRIED

Director McLean noted that there was an omission from the Aggregates Study Committee minutes.

MOVED Director McGuffie, SECONDED Director McNabb, that Gartner Lee be hired to perform the landfill site evaluation work.

A recorded vote was requested.

The motion CARRIED with Directors English, Little, Sherry, Duncan, Rispin, McGuffie, McNabb, Korpan and Garnish voting in the affirmative and Directors Luchtmeijer, Bradshaw, Loomis, Savage, Stanhope, McLean and Hamilton voting in the negative.

ADMINISTRATOR�S REPORT

Building Inspection Extended Service Amendment Bylaw No. 787.02.

MOVED Director McGuffie, SECONDED Director Sherry, that "Building Inspection Extended Service Area Bylaw Amendment Bylaw No. 787.02, 1998" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

Cranberry Bright OCP Advisory Committee Terms of Reference.

MOVED Director Garnish, SECONDED Director Sherry,:

That the number of representatives from Extension on the Advisory Committee for the Arrowsmith Benson � Cranberry Bright OCP Review be increased from 2 to 3 members thereby increasing total Committee membership from 16 to 17.

That Ms. Sheilah Whitehead, as a representative of Extension, be appointed to the Advisory Committee for the Arrowsmith Benson � Cranberry Bright OCP Review.

CARRIED

NEW BUSINESS

Director Korpan invited all Board members and staff to the opening of the Port Theatre tomorrow.

ADJOURNMENT

MOVED Director Sherry, SECONDED Director McNabb, that this meeting terminate.

CARRIED

TIME: 9:30 PM