REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, FEBRUARY 9, 1999, AT 7:32 PM IN THE
NANAIMO CITY COUNCIL CHAMBERS
Present:
Director G. Holme Chairperson
Director F. Garnish Electoral Area A
Director E. Hamilton Electoral Area C
Director I. Savage Electoral Area D
Director J. McLean Electoral Area F
Director J. Stanhope Electoral Area G
Director J. Duncan Electoral Area H
Director A. Duggan 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
J. Finnie Gen. Mgr. of Environmental Services
B. Lapham Gen. Mgr. of Development Services
C. Mason Gen. Mgr. of Corporate Services
M. Pearse Mgr. of Administrative Services
DELEGATIONS
Councillor Jack Peake, Town of Lake Cowichan, re Incineration of Solid Waste.
Councillor Peake spoke of Lake Cowichan�s interest in pursuing incineration as a means of dealing with their solid waste. He asked the Board to join other jurisdictions in investigating this option.
John Monsieurs, Jemco, re Bylaw Violation - Illegal Structure.
Mr. Monsieurs was not in attendance.
Peter Rothermel, re Mt. Arrowsmith Regional Park.
MOVED Director Stanhope, SECONDED Director Garnish, that Mr. Rothermel be permitted to address the Board as a late delegation.
CARRIED
Mr. Rothermel, representing the Public Access Resolution Committee, again reiterated their interest in the initiative to secure wilderness status for part of the proposed Mt. Arrowsmith Regional Park.
BOARD MINUTES
MOVED Director Stanhope, SECONDED Director Garnish, that the minutes of the regular Board meeting held on Tuesday, January 12, 1999 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Shirley Hine, City of Parksville, re Parksville/Qualicum Advisory Planning Commission Appointment.
MOVED Director Duggan, SECONDED Director Garnish, that the correspondence appointing Mr. Len Crowshaw to the Parksville/Qualicum Advisory Planning Commission be received.
CARRIED
Jennifer Forrest, Cowichan Valley Regional District, re Disposition of Crown Lands Resolution.
MOVED Director Sherry, SECONDED Director McNabb, that the correspondence regarding the disposition of crown lands resolution be received..
CARRIED
Mayor Roger Mayer, Regional District of Okanagan-Similkameen, re Liability Insurance Coverage.
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the correspondence regarding liability insurance coverage be received.
CARRIED
UBCM, re Liquor Policy Review.
MOVED Director McNabb, SECONDED Director Garnish, that the Liquor Policy Review correspondence be received.
CARRIED
UNFINISHED BUSINESS
For Adoption.
Bylaws No. 1007.01 and 500.224.
MOVED Director Duncan, SECONDED Director Luchtmeijer, that "Regional District of Nanaimo Shaw Hill-Deep Bay Official Community Plan Bylaw No. 1007.01, 1997" be adopted.
CARRIED
MOVED Director Duncan, SECONDED Director Rispin, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.224, 1997" be adopted.
CARRIED
Public Hearing.
MOVED Director Rispin, SECONDED Director Sherry, that the minutes of the Public Hearing held January 14, 1999 as a result of public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.248, 1998" be received.
CARRIED
MOVED Director Duncan, SECONDED Director Luchtmeijer, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.248, 1998", be given third reading and referred to the Ministry of Transportation and Highways.
CARRIED
DEVELOPMENT SERVICES STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Sherry, that the minutes of the regular Development Services Committee meeting held January 19, 1999 be received for information.
CARRIED
UNFINISHED BUSINESS
Boundary Expansion Referral � Town of Qualicum Beach.
MOVED Director Hamilton, SECONDED Director Luchtmeijer, that the Regional District provide comments to the Town of Qualicum Beach on the proposed boundary extension as outlined in Schedule �1�.
CARRIED
BUILDING INSPECTION
Section 700 Filings.
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 Garnish, that a notice be filed against the titles of the properties listed, pursuant to Section 700 of the Municipal Act and that if the infractions are not rectified within ninety (90) days, that staff report back with recommendations for follow up if required:
CARRIED
Homeowner Protection Act and BC Building Code.
MOVED Director Hamilton, SECONDED Director McGuffie,:
That staff be directed to prepare "Regional District of Nanaimo Building Regulations and Fees Bylaw Amendment Bylaw No. 1000.02, 1999" as discussed in Alternative No. 1.
That staff monitor the implications of the new Homeowner Protection Act and report back to the Board if there are any significant implications.
CARRIED
PLANNING
DEVELOPMENT VARIANCE PERMIT APPLICATION
Application No. 9901 � School District No. 68 � 1630 MacMillan Road � Area A.
MOVED Director Hamilton, SECONDED Director Garnish, that Development Variance Permit No. 9901, submitted by Killick, Metz, Bowen, Rose Architects Planners, Inc. on behalf of School District 68, requesting that the maximum height requirement pursuant to the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987", be relaxed from 8.0 metres to 12.5 metres in order to accommodate a secondary school, as shown on the submitted plans, be approved subject to notification procedure pursuant to the Municipal Act.
CARRIED
OTHER
Amendments to the Advisory Planning Commission Guidelines and Technical and Procedural Amendments to Bylaw No. 500.
MOVED Director Hamilton, SECONDED Director Garnish, that proposed amendments to Bylaw No. 500 to provide technical and procedural revisions as summarized in Schedule �A� be approved and that the draft 1999 revision to the Advisory Planning Commission Guidelines be approved and distributed to APCs.
CARRIED
MOVED Director Hamilton, SECONDED Director Savage, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.252, 1999" which incorporates revisions to the Advisory Planning Commission provisions, be given 1st and 2nd reading.
CARRIED
MOVED Director Hamilton, SECONDED Director Savage, that the Regional District of Nanaimo waive the holding of a Public Hearing with respect to "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.252, 1999", in lieu of notification of the bylaw pursuant to the Municipal Act.
CARRIED
MOVED Director Hamilton, SECONDED Director Stanhope, that staff be directed to conduct a seminar/forum for all Advisory Planning Commissions and Electoral Area Directors to reinforce the role of APCs, and to clarify legislation, procedures and guidelines.
CARRIED
Subdivision Water Supply Standards.
MOVED Director Hamilton, SECONDED Director Savage, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.231, 1997" be given 1st and 2nd reading and proceed to a Public Hearing in Electoral Areas �A� and �G�, to be chaired by the Electoral Area �A� Director or his alternate subject to the bylaw being amended to include clarification of all types of well construction which can be certified.
CARRIED
ENVIRONMENTAL SERVICES STANDING COMMITTEE
MOVED Director Sherry, SECONDED Director McGuffie, that the minutes of the Environmental Services Committee meeting held January 26, 1999 be received for information.
CARRIED
LIQUID WASTE
Northern Community Sewer Development Cost Charge Amendment Bylaw No. 934.01.
MOVED Director Luchtmeijer, SECONDED Director Stanhope, that the boundaries of the Northern Community Sewer Local Service Area Development Cost Charge bylaw be amended to be consistent with the community servicing area as determined in the OCP and GMP.
CARRIED
MOVED Director Luchtmeijer, SECONDED Director Stanhope, that the "Regional District of Nanaimo Northern Community Sewer Local Service Area Development Cost Charge Boundary Amendment Bylaw No. 934.01, 1999" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
French Creek Pollution Control Centre � Odour Control.
MOVED Director Sherry, SECONDED Director Stanhope, that the report regarding the management of odour at the French Creek Pollution Control Centre be received for information.
CARRIED
SOLID WASTE
Nanaimo Recycling Exchange � School Education Program.
MOVED Director Sherry, SECONDED Director Savage, that the Board approve $15,000 for the Nanaimo Recycling Exchange (NRE) to provide an additional thirteen weeks of the "Kick the Can" school education program.
CARRIED
WATER MANAGEMENT
Arrowsmith Water Management Committee.
MOVED Director Sherry, SECONDED Director Luchtmeijer,:
That in accordance with Section 4.1 of the Arrowsmith Water Service Joint Venture Agreement, the RDN appoint the General Manager of Environmental Services as the RDN alternate member.
That staff advise the other Joint Venturers of this appointment.
CARRIED
CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the minutes of the regular Corporate & Community Services Committee meeting held February 2, 1999 be received for information.
CARRIED
UNFINISHED BUSINESS
Regional Transit (Referral from January 12, 1999 Board Meeting)
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the Chairperson appoint a sub-committee of the Corporate and Community Services Committee to review the Regional District Transit System and that the sub-committee report its recommendations back to the Board.
CARRIED
The sub-committee members will be Directors McGuffie, Little, Garnish, Savage, Duggan and Luchtmeijer.
COMMUNICATION/CORRESPONDENCE
Ujjal Dosanjh, Attorney General, re Emergency Preparedness.
MOVED Director Garnish, SECONDED Director McLean, that the correspondence from Ujjal Dosanjh, Attorney General, regarding earthquake preparedness initiatives be received for information.
CARRIED
MOVED Director Garnish, SECONDED Director Korpan, that staff bring forward a report with recommendations to incorporate personal preparedness into the emergency management function.
CARRIED
Cathy McGregor, Ministry of Environment, Lands & Parks, re Nile Creek Regional Park.
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the correspondence received from Cathy McGregor, Minister of Environment, Lands & Parks, regarding the approval of a free Crown grant to establish a regional park at Nile Creek be received for information.
CARRIED
Jenny Kwan, Ministry of Municipal Affairs, re Islands Trust Natural Area Protection Tax Incentive Proposal.
MOVED Director Garnish, SECONDED Director Savage, that the correspondence received from Jenny Kwan, Minister of Municipal Affairs, regarding the RDN Board�s resolution in support of the Islands Trust Natural Area Protection Tax Incentive Proposal, be received for information.
CARRIED
ADMINISTRATION
Radio Malaspina Society � Letter of Support.
MOVED Director Garnish, SECONDED Director Stanhope, that the Regional District of Nanaimo support the Radio Malaspina Society�s application to the CRTC to seek approval to broadcast on 106.9 mHz FM.
CARRIED
RDN Use of City Facilities.
MOVED Director Garnish, SECONDED Director McNabb, that the Regional District of Nanaimo continue to use the City of Nanaimo Council Chambers and Boardroom as well as leaving the avenue open to meet in other locations for the purpose of Board and Committee meetings, and amend the 1999 Annual Budget to provide for these rental costs on a month to month basis.
MOVED Director Luchtmeijer, SECONDED Director Stanhope, that this item be referred back to Committee to consider using other facilities at no cost, such as facilities in Qualicum Beach, and compare the actual cost differential of having meetings in District 69.
DEFEATED
The question was called on the main motion.
The motion CARRIED.
Summary of Lantzville Fuel Spill.
MOVED Director Garnish, SECONDED Director Stanhope, that the report regarding the recent fuel spill in Lantzville be received for information.
CARRIED
FINANCE
E-911 Telephone Subscriber Charges.
MOVED Director Hamilton, SECONDED Director McGuffie, that the Regional District of Nanaimo endorse subscriber based billing for the recovery of Central Island E911 telephone network and PSAP costs.
CARRIED
Exemption from Property Taxes for Vancouver Island Regional Library Facilities.
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the Board support the resolution that "all library facilities operated by a public library system pursuant to the Library Act be exempted from property taxes" and that this be communicated to the Minister of Municipal Affairs.
A recorded vote was requested.
The motion was DEFEATED with Directors Luchtmeijer, Duggan, Savage, Stanhope, Garnish and Hamilton voting in the affirmative and Directors Holme, Little, Sherry, Duncan, Rispin, McGuffie, McNabb, McLean and Korpan voting in the negative.
RECREATION & PARKS
Mt. Arrowsmith Regional Park Acquisition Report.
MOVED Director McLean, SECONDED Director Hamilton,:
That the Regional District forward an application to the Ministry of Environment, Lands and Parks and the Ministry of Forests for the acquisition of Mt. Arrowsmith Crown Reserve forest as a Regional Park site.
That staff prepare a Mt. Arrowsmith regional park and trail proposal that addresses acquisition strategy approaches with the Crown and private land owners, park site and trail development plans, and long-term operational responsibilities and costs.
That the Board pursue the additional acquisition of a portion of Block 1324, Cameron Lake District, adjacent to the east boundary of the ACRD Regional Park.
CARRIED
Wallace Way Right-of-Way Lease Amendment � Area H.
MOVED Director Garnish, SECONDED Director Little, that the Regional District not proceed with an application to the Ministry of Transportation and Highways for a lease of the Wallace Way right-of-way located adjacent to Lot A of Strata Plan VIS 3085 (from Plan VIP58236), District Lot 11, Newcastle Land District.
CARRIED
COMMISSION, ADVISORY & SELECT COMMITTEE
Gabriola Island Parks & Recreation Commission.
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the minutes of the Gabriola Island Parks & Recreation Commission meeting held January 18, 1999, be received for information.
CARRIED
Swimming Pool � Gabriola Island.
MOVED Director Garnish, SECONDED Director Sherry,:
That the Gabriola Island swimming pool report be received for information.
That the Parks and Recreation Commission make a commitment to an outdoor swimming pool project for Gabriola Island.
That staff prepare a terms of reference for a Gabriola Island Outdoor Swimming Pool Project Committee to include representations from the Parks and Recreation Commission and community at large for consideration by the Commission at their January 1999 meeting.
That the Gabriola Island Outdoor Swimming Pool Project Committee 1999 work program include a review of all outdoor swimming pool options, the preparation of a project financing and funding program, the employment of a pool design professional to work with the Committee and community in the preparation of a pool design program, the review and consideration of pool construction sites and the selection of a referendum date to seek voter assent for capital and operational funding for the project.
CARRIED
District 69 Recreation Commission.
MOVED Director Garnish, SECONDED Director Stanhope, that the minutes of the District 69 Recreation Commission meeting held January 25, 1999 be received for information.
CARRIED
NEW BUSINESS
Burnaby Incinerator Site Tour.
MOVED Director Garnish, SECONDED Director Little, that Director McGuffie represent the Board at the Burnaby Incinerator tour to be held February 15, 1999 and that the Regional District cover his travel expenses to attend this tour.
CARRIED
EXECUTIVE STANDING COMMITTEE
The Chairperson noted that the term of appointment for the Nanaimo Airport Commission representative expires in April, 1999.
MOVED Director Garnish, SECONDED Director McNabb, that the District advertise this vacancy.
CARRIED
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE
Growth Management Plan Performance Review Committee.
MOVED Director Garnish, SECONDED Director Stanhope, that the minutes of the Growth Management Plan Performance Review Committee meeting held January 20, 1999 be received for information.
CARRIED
Solid Waste Select Committee.
MOVED Director Sherry, SECONDED Director Savage, that the minutes of the Solid Waste Select Committee meeting held January 26, 1999 be received for information.
CARRIED
MOVED Director Sherry, SECONDED Director McGuffie, that the Board support the development, in principle, of a common regulatory framework for the operation of composting in the RDN, CRD, C-SRD and CVRD, and that one or two Board members be appointed to participate in the development and implementation of the common regulatory framework.
CARRIED
Boardroom/Addition Building Committee.
MOVED Director Garnish, SECONDED Director Hamilton, that the minutes of the Boardroom/Addition Building Committee meeting held January 27, 1999 be received for information.
CARRIED
MOVED Director Garnish, SECONDED Director Hamilton, that staff investigate the options of building a neighbourhood centre/boardroom on-site, and any option the City of Nanaimo puts forward.
MOVED Director Luchtmeijer, SECONDED Director Korpan, that the motion be amended to add the words "and any other participant" after the word Nanaimo.
CARRIED
The question was called on the motion, as amended.
The motion CARRIED.
ADMINISTRATOR�S REPORT
Jemco Food Equipment Services/John Monsieurs � 7431 Industrial Road � Area D � Illegal Structure.
MOVED Director Savage, SECONDED Director Garnish, that the offer to resolve the outstanding bylaw infractions as outlined on Schedule No. 1, be accepted �without prejudice� as a means of seeking compliance with the requirements of Development Permit No. 56 and that staff be directed to accept an application for a building permit subject to approval of access permit by the Ministry of Transportation and Highways.
CARRIED
Relending Rates for Debenture Debt.
MOVED Director Stanhope, SECONDED Director Hamilton, that the Regional District respond to the MFA, stating our commitment to participate in locking in relending rates for issue 49 on the condition that the interest rate not exceed 6%.
CARRIED
ADDENDUM
MOVED Director Sherry, SECONDED Director Garnish, that the correspondence from Evelyn Johnson regarding Development Variance Permit Application No. 99.01 be received.
CARRIED
BOARD INFORMATION
MOVED Director Sherry, SECONDED Director Korpan, that the Board Information package be received.
CARRIED
NOTICE OF MOTION
From the January 12, 1999 Board Meeting. (Director McLean)
MOVED Director McLean, SECONDED Director Garnish, that the Board oppose the Town of Qualicum Beach�s submission to the Ministry of Forests for a Community Forest Pilot Agreement for forest land property in Electoral Area �F�.
A recorded vote was requested.
The motion was DEFEATED with Directors Holme and McLean voting the affirmative and Directors Luchtmeijer, Little, Duggan, Sherry, Duncan, Rispin, McGuffie, McNabb, Savage, Stanhope, Korpan, Garnish and Hamilton voting in the negative.
MOVED Director Little, SECONDED Director Luchtmeijer, that the staff report on the Town of Qualicum Beach Community Forest Application be received for information.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director Garnish, that this meeting terminate.
CARRIED
TIME: 8:50 PM