REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, APRIL 13, 1999, AT 7:30 PM IN THE
NANAIMO CITY COUNCIL CHAMBERS
Present:
Director G. Holme Chairperson
Director F. Garnish Electoral Area A
Director R. Loomis Electoral Area B
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
N. Avery Manager of Financial Services
M. Pearse Mgr. of Administrative Services
DELEGATIONS
Ted Jeffs, re Inclusion of Lot 2, Plan 37425 (Mary Ellen Drive/Island Highway) into the City of Nanaimo.
Mr. Jeffs asked for the Board�s support in his application to have his property situated at Mary Ellen Drive and the Island Highway included in the City of Nanaimo.
Roger Parry, re Building Strata Conversion � 1009 Allsbrook Road � Area F.
Mr. Parry described the planned strata conversion and requested that the Board refer this application back to the Development Services Committee for further consideration.
Jim Pelk, Spruston Enterprises Ltd., re Rezoning Application and Special Permit Applications
MOVED Director Stanhope, SECONDED Director Hamilton, that Mr. Pelk be permitted to address the Board.
CARRIED
Mr. Pelk advised the Board that the rezoning application for Spruston has been submitted. Mr. Pelk also advised that the special event permit applications have been submitted and urged Board members to support those applications once a decision has been reached on the Court Order.
BOARD MINUTES
MOVED Director McNabb, SECONDED Director Sherry, that the minutes of the regular Board meeting held on Tuesday, March 9 and the Special Board meeting held March 23, 1999 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
David Heenan and Randi Myhres, re Resignation from Shaw Hill-Deep Bay Advisory Planning Commission.
MOVED Director McGuffie, SECONDED Director Stanhope, that the resignations from Mr. Heenan and Ms. Myhres be accepted.
CARRIED
UNFINISHED BUSINESS
From the Environmental Services Committee meeting held March 23, 1999:
Arrowsmith Bulk Water � North West Bay Supply Line.
MOVED Director Sherry, SECONDED Director McNabb, that the request to proceed with an engineering design and detailed cost estimate to construct a portion of the Nanoose bulk water supply main along North West Bay Road from Nanoose Road to Claudet Road, Claudet Road to Wall Beach Road and from Craig Bay Estates/Parksville connection to the Heringa Well at a cost of $78,000.00 from the "Regional District of Nanaimo Loan Authorization Bylaw No. 1051" be approved.
CARRIED
BYLAWS
For Second Reading.
Bylaw No. 1148.
MOVED Director Hamilton, SECONDED Director Sherry, that the agency comments, Attachment I, received as a result of the referral of Regional District of Nanaimo Arrowsmith Benson � Cranberry Bright Official Community Plan Bylaw No. 1148, 1999 be received.
CARRIED
MOVED Director Hamilton, SECONDED Director Stanhope, that "Regional District of Nanaimo Arrowsmith Benson � Cranberry Bright Official Community Plan Bylaw No. 1148, 1999" be amended, as outlined in Schedule 1.
CARRIED
MOVED Director Hamilton, SECONDED Director McNabb, that "Regional District of Nanaimo Arrowsmith Benson � Cranberry Bright Official Community Plan Bylaw No. 1148, 1999" has been examined in conjunction with the Regional District�s capital expenditure plan and liquid waste management plan to ensure consistency between them.
CARRIED
MOVED Director Hamilton, SECONDED Director Garnish, that "Regional District of Nanaimo Arrowsmith Benson � Cranberry Bright Official Community Plan Bylaw No. 1148, 1999" be granted 2nd reading, as amended, and proceed to public hearing.
CARRIED
MOVED Director Hamilton, SECONDED Director Stanhope, that the holding of the public hearing with respect to "Regional District of Nanaimo Arrowsmith Benson � Cranberry Bright Official Community Plan Bylaw No. 1148, 1999" be delegated to Director Hamilton or her alternate.
CARRIED
For Adoption.
Bylaw No. 500.252.
MOVED Director Hamilton, SECONDED Director Savage, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.252, 1999" be amended by rewording Schedule �5B� � Advisory Planning Commission Minutes of Meeting to ensure consistency between the APC Guidelines document and Bylaw 500.252, Section 1.i.f) iii. as follows:
CARRIED
MOVED Director Garnish, SECONDED Director Hamilton, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.252, 1999" be given 3rd reading, as amended, and be adopted.
CARRIED
Bylaw No. 1049.01.
MOVED Director Sherry, SECONDED Director Stanhope, that "Nanoose Bay Bulk Water Supply Local Service Area Boundary Amendment Bylaw No. 1049.01, 1998" be adopted.
CARRIED
Bylaw No. 1088.01.
MOVED Director Sherry, SECONDED Director Stanhope, that "Nanoose Bay Bulk Water Local Service Area Development Cost Charge Boundary Amendment Bylaw No. 1088.01, 1998" be adopted.
CARRIED
Bylaw No. 934.01.
MOVED Director Luchtmeijer, SECONDED Director Duggan, that "Regional District of Nanaimo Northern Community Sewer Local Service Area Development Cost Charge Boundary Amendment Byalw No. 934.01, 1999" be adopted.
CARRIED
DEVELOPMENT SERVICES STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director MdGuffie, that the minutes of the regular Development Services Committee meeting held March 16, 1999 be received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
W. Lawson, re Development Variance Permit No. 9902.
Ton DeGroot, re Forest Land Reserve Application 9901 (Lockwood Alpine Village � Area F).
Hugh Stanhope, re Forest Land Reserve Application 9901 (Lockwood Alpine Village � Area F).
Faye Smith, re Forest Land Reserve Application 9901 (Lockwood Alpine Village � Area F).
Annette Tanner, Western Canada Wilderness Committee, re Forest Land Reserve Application 9901 (Lockwood Alpine Village � Area F).
Paul Villar, Parksville & District Chamber of Commerce, re Forest Land Reserve Application 9901 (Lockwood Alpine Village � Area F).
Paul Villar, Parksville & District Chamber of Commerce, re Building Strata Conversion � Allsbrook Centre.
MOVED Director Hamilton, SECONDED Director Savage, that all the correspondence be received for information.
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, legal action will be pursued:
CARRIED
PLANNING
DEVELOPMENT PERMIT APPLICATION
Application No. 9901 � Nickel Brothers/Palmer � 1990 Balsam Road � Area A.
MOVED Director Hamilton, SECONDED Director Garnish, that Development Permit 9901 to establish a shop/office/security apartment facility and an adjacent equipment storage yard on the property legally described as Lot 2, Section 13, Range 7, Plan VIP67939, Cranberry District, be approved subject to conditions set out in Schedule 1.
CARRIED
DEVELOPMENT VARIANCE PERMIT APPLICATION
Application No. 9902 � Mongomery & McIlwaine/Architrave Design � 7400 Sunbury Road � Area D.
MOVED Director Hamilton, SECONDED Director Savage, that Development Variance Permit Application No. 9902, to vary the maximum permitted height of the Residential 1 (RS1) zone from 8.0 metres to 8.76 metres to permit the construction of a dwelling unit on the property legally described as Strata Lot 2, District Lot 54, Nanoose District, Strata Plan VIS4421, be approved as outlined in Alternative No. 1, subject to notification pursuant to the Municipal Act.
CARRIED
FOREST LAND RESERVE
Application No. 9901 � Lockwood Village/Boyle � Alberni Highway � Area F.
MOVED Director Hamilton, SECONDED Director Stanhope,:
That the referral from the Forest Land Commission which requests an indication of the Regional District�s support for the removal of 650 acres of District Lot 11, Cameron District, from the FLR be referred back to staff.
That the Forest Land Commission be advised that the RDN will be directing the applicant to hold a public meeting and that the RDN will evaluate the additional comments and undertake further analysis prior to providing a formal response to the FLC.
That two public meetings be held with one located in the Qualicum area and the other located in Electoral Area �F�.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Rispin, McNabb, Savage, Stanhope, Korpan and Hamilton voting in the affirmative and Directors Duncan, McGuffie, McLean and Garnish voting in the negative.
FRONTAGE RELAXATION
WR Hutchinson/W. Huf � Grieve Road � Area A.
MOVED Director Hamilton, SECONDED Director Garnish, that the request from WR Hutchinson, BCLS on behalf of W. Huf, to relax the minimum 10% perimeter frontage requirement for proposed Lot A as shown on the Plan of Subdivision of the Remainder of Lot 9, Section 12, Range 2, Cedar District, Plan VIP53334, be approved.
CARRIED
OTHER
Building Strata Conversion � Wright Focus � 1009 Allsbrook Road � Area F.
MOVED Director McLean, SECONDED Director McNabb, that the request for a building strata conversion as shown on the development plan for Lot A, District Lot 43, Nanoose District, Plan VIP65740 be referred back to the Development Services Committee.
CARRIED
Electoral Area �F� Official Community Plan Review Update.
MOVED Director Hamilton, SECONDED Director Garnish, that the Draft of the Electoral Area �F� Official Community Plan be received.
A recorded vote was requested.
The motion was CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Duncan, Rispin, McGuffie, Savage, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Directors McNabb and McLean voting in the negative.
ENVIRONMENTAL SERVICES STANDING COMMITTEE
MOVED Director Sherry, SECONDED Director Little, that the minutes of the Environmental Services Committee meeting held March 23, 1999 be received for information.
CARRIED
LIQUID WASTE
Septage Handling.
MOVED Director Stanhope, SECONDED Director McGuffie, that staff be directed to prohibit septage from being accepted at Regional District Facilities when a private septage handling firm exists that can accept septage from within the RDN for a fee no greater than the following schedule:
Present |
Dec. 31, 2000 |
Dec. 31, 2001 |
|
Domestic Non-Hazardous |
$0.16/gallon |
$0.16/gallon |
$0.17/gallon |
Sludge |
$0.16/gallon |
$0.16/gallon |
$0.17/gallon |
Sewage from Ships |
$0.16/gallon |
$0.16/gallon |
$0.17/gallon |
Fats, Oils & Greases (FOG) |
$0.18/gallon |
$0.20/gallon |
$0.20/gallon |
Car Wash Sumps |
$0.20/gallon |
$0.22/gallon |
$0.24/gallon |
Portable Toilet |
$0.17/gallon |
$0.18/gallon |
$0.18/gallon |
Pit Toilet |
$0.20/gallon |
$0.22/gallon |
$0.22/gallon |
A recorded vote was requested.
The motion CARRIED with Directors Luchtmeijer, Little, Duggan, Sherry, Rispin, McGuffie, McNabb, Stanhope, Korpan and Garnish voting in the affirmative and Directors Holme, Loomis, Duncan, Savage, McLean and Hamilton voting in the negative.
French Creek Pollution Control Centre � Odour Control.
MOVED Director Sherry, SECONDED Director Stanhope, that the report on the management of odour at the French Creek Pollution Control Centre (FCPCC), be received.
CARRIED
Liquid Waste Management � Volume Reduction.
MOVED Director Sherry, SECONDED Director Stanhope, that staff develop an education program that would promote the purchase of 6 LPF toilets over 13 LPF toilets.
CARRIED
SOLID WASTE
1999 Backyard Composter Distribution & Education Program.
MOVED Director Sherry, SECONDED Director Stanhope, that the 1999 Backyard Composter Distribution and Education Program be approved.
CARRIED
CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the minutes of the regular Corporate & Community Services Committee meeting held April 6, 1999 be received for information.
CARRIED
DELEGATIONS
Jerry Flaman, re Seniors� Classic Hockey Tournament � Parksville Arena.
MOVED Director Garnish, SECONDED Director McGuffie, that this item be referred to the D69 Recreation Commission.
CARRIED
Lorne Hildebrand, re Botanical Garden.
MOVED Director Garnish, SECONDED Director Stanhope, that the Board support the concept of a botanical garden in principle and that staff be directed to assist the CVI Botanical Garden Society in locating an appropriate site.
CARRIED
UNFINISHED BUSINESS
District 69 Recreation Facility Plan.
MOVED Director Garnish, SECONDED Director McNabb,:
That the District 69 Recreation Facility Plan be approved as a guide for future recreation facility planning and development.
That Recommendation 3 of the D69 Recreation Facility Plan be replaced with "Investigate partnership opportunities for the addition of recreation centre features to any new community centre facility and any other future recreation facility".
CARRIED
ADMINISTRATION
Restorative Justice Initiative.
MOVED Director Garnish, SECONDED Director McNabb,:
That the Board create a separate Grants-in-Aid function for Electoral Areas E, F, G & H to raise $5,000 annually (or another amount as determined by the Board) for the Restorative Justice program in District 69.
That the Board request the Ministry of Municipal Affairs to grant the RDN the authority to establish a policing function to provide funding to the Restorative Justice program.
MOVED Director Garnish, SECONDED Director McGuffie, that this item be referred back to the Corporate and Community Services Committee.
CARRIED
Wheatsheaf Sports Complex � Temporary Change to Liquor Licence � Area A.
MOVED Director Garnish, SECONDED Director McGuffie, that the Board approve the Wheatsheaf Sports Complex request for the issuance of a temporary change to their Liquor Licence to operate beer gardens at the Wheatsheaf Sports Complex on April 17, 18, 24 and 25, 1999 between the hours of 10:00 a.m. and 8:00 p.m. on Saturday and 11:00 a.m. and 8:00 p.m. on Sunday, at 2048 Hemer Road in Cedar.
CARRIED
Gypsy Moth Eradication Program Update.
MOVED Director Garnish, SECONDED Director Loomis, that the report on the Gypsy Moth Eradication Program be received for information.
CARRIED
FINANCE
Annual Report of Directors� and Committee Members� Remuneration and Expenses.
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the 1998 report on remuneration and expenses for Board and Committee members be received for information.
CARRIED
Arrowsmith Water Service Joint Venture � 1998 Audited Financial Statements.
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the 1998 audited financial statements for the Arrowsmith Water Service Joint Venture be received for information.
CARRIED
Errington Fire Protection Reserve Fund Expenditure Bylaw No. 1154.
MOVED Director Garnish, SECONDED Director Luchtmeijer, that "Errington Fire Protection Function Reserve Fund Expenditure Bylaw No. 1154, 1999" be introduced for first three readings.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Loomis, Duncan, Rispin, McGuffie, McNabb, Savage, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Director McLean voting in the negative.
MOVED Director Garnish, SECONDED Director Luchtmeijer, that "Errington Fire Protection Function Reserve Fund Expenditure Bylaw No. 1154, 1999" having received three readings be adopted.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Loomis, Duncan, Rispin, McGuffie, McNabb, Savage, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Director McLean voting in the negative.
RECREATION & PARKS
Regional Park Development Cost Charges.
MOVED Director Garnish, SECONDED Director McGuffie, that staff be directed to prepare a regional parks development cost charge report and bylaw.
CARRIED
Little Mountain/Morison Creek Regional Park Acquisition Update.
MOVED Director Garnish, SECONDED Director Stanhope, that the Regional District request a meeting with the Minister of Environment, Lands and Parks to advance the transfer of Little Mountain and Morison Creek as regional parks to the District.
CARRIED
TRANSIT
Transit Service Agreement Amendment.
MOVED Director Garnish, SECONDED Director McGuffie, that the Transit Service Agreement Amendment be brought back to the Board for consideration after a meeting has been held with BC Transit to give the RDN an opportunity to express its concerns to BC Transit regarding the transit service.
CARRIED
SPECIAL EVENT/SPECIAL OCCASION APPLICATIONS
Special Event Permit Application.
Arrowsmith Mountainbike Club (Hammerfest 99, May 8 & 9, 1999) � Area F.
MOVED Director Garnish, SECONDED Director McNabb, that a Special Event Permit be issued to the Arrowsmith Mountainbike Club for Hammerfest 99, to be held May 8th and 9th, 1999 in Errington.
CARRIED
Special Occasion License Application.
Arrowsmith Mountainbike Club (Hammerfest 99, May 8 & 9, 1999) � Area F.
MOVED Director Garnish, SECONDED Director McLean, that the Board approve the Arrowsmith Mountainbike Club/Kinsmen Club of Parksville�s request for the issuance of a two (2) day special occasion license to operate a beer garden at Hammerfest 99 on May 8th and 9th, 1999.
CARRIED
COMMISSION, ADVISORY & SELECT COMMITTEE
Gabriola Island Parks & Recreation Commission.
MOVED Director Garnish, SECONDED Director Loomis,:
That the minutes of the Gabriola Island Parks & Recreation Commission meetings held March 1st and 15th, 1999, be received for information.
That the following grants-in-aid requests be approved:
Chamber Players � March 28, 1999 Concert $ 585
Summer Festival of Arts $ 1,200
Gabriola Island "Dancing Man" Music Festival $ 1,200
Parents of Teens Support Group $ 240
Safe Home Network $ 410
Rainbows $ 264
Summer Performance � Facility Rentals $ 1,000
CARRIED
District 69 Recreation Commission.
MOVED Director Garnish, SECONDED Director Luchtmeijer,:
That the minutes of the District 69 Recreation Commission meeting held March 29, 1999, be received for information.
That the following grants-in-aid requests be approved:
Oceanside Youth Football $ 250
Sandy Shores Figure Skating Club $ 250
District 69 Special Olympics $ 250
Bike for Life Program $ 500
Ocean Idlers Car Club $ 500
CARRIED
Transit System Sub Committee.
MOVED Director Garnish, SECONDED Director Luchtmeijer, that the minutes of the Transit System Sub Committee meetings held March 2, 9 and 16, 1999 be received for information.
CARRIED
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE
Aggregates Study Select Committee.
MOVED Director Hamilton, SECONDED Director McLean, that the minutes of the Aggregates Study Select Committee meeting held March 24, 1999 be received for information.
CARRIED
Intergovernmental Advisory Committee.
MOVED Director Garnish, SECONDED Director Savage, that the minutes of the Intergovernmental Advisory Committee meeting held March 25, 1999 be received for information.
CARRIED
MOVED Director Luchtmeijer, SECONDED Director Garnish, that the Board endorse the following resolution:
WHEREAS there are serious concerns (compatibility of proposed building strata subdivision with the regional growth strategy and official community plan, the presence of environmentally significant features, park land and school site acquisition implications, compatibility with implementation agreements [i.e. Vancouver Island Highway] ability to address health concerns such as the provision of potable water and disposal of septic waste, etc.) with respect to the ability of land to be subdivided without the review and approval of local governments or approving officers under the Condominium Act because Section 9 of the Condominium Act only provides for local government consideration and approval of the conversion into strata lots of "previously occupied buildings" and is silent with respect to local government consideration and approval of the conversion into strata lots of buildings that have not been previously occupied;
BE IT RESOLVED THAT the Minister of Municipal Affairs be asked to respond to these concerns by amending the Condominium Act to empower local governments to consider the approval or non-approval of all building strata subdivisions (i.e., not just the building strata subdivisions concerning the subdivision of "previously occupied buildings") and any other applicable provincial legislation, or, at a minimum, by developing a regulation that would require the approval of the Ministry of Transportation and Highways Approving Officer for all building strata subdivisions.
CARRIED
Solid Waste Select Committee.
MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the Solid Waste Select Committee meeting held March 23, 1999 be received for information.
CARRIED
Selection Committee.
Shaw Hill-Deep Bay Advisory Planning Commission.
MOVED Director Duncan, SECONDED Director Rispin, that Christoffel Kuun and Jack Pipes be appointed to the Shaw Hill-Deep Bay Advisory Planning Commission for terms ending December 31, 2000.
CARRIED
Cedar Village Sewer Advisory Committee.
MOVED Director Garnish, SECONDED Director Sherry, that Wayne Proctor (General Public) be appointed to the Cedar Village Sewer Advisory Committee.
CARRIED
Nanoose Bay Parks & Open Space Project Management Committee.
MOVED Director Stanhope, SECONDED Director Hamilton, that Pat Phillips (Major Land Owner) be appointed to the Nanoose Bay Parks & Open Space Project Management Committee.
CARRIED
Airport Commission Appointment.
MOVED Director Rispin, SECONDED Director McNabb, that Mr. Brian Smith be appointed to the Nanaimo Airport Commission as the Board�s representative for a term ending April, 2001.
CARRIED
ADMINISTRATOR�S REPORT
Arrowsmith Water Service.
WHEREAS a court challenge by the Society for the Protection of the Englishman River Estuary in respect to the actions of the Regional District of Nanaimo as a partner in the Arrowsmith Water Service has been dismissed by the Supreme Court of BC;
AND WHEREAS the Arrowsmith Water Service incurred expenses of approximately $54,000 in defending itself against the court challenge;
THEREFORE BE IT RESOLVED that the Regional District of Nanaimo as a partner in the Arrowsmith Water Service request that the Arrowsmith Water Service Board proceed in seeking an order for payments of costs on the ordinary scale from the Society for the Protection of the Englishman River Estuary and its Directors.
CARRIED
NEW BUSINESS
MOVED Director Sherry, SECONDED Director McGuffie, that staff arrange a meeting with Mr. Jeffs to discuss his proposal to bring his property into the City of Nanaimo.
CARRIED
BOARD INFORMATION
Director Loomis requested that staff follow up with Ms. Fraser at AVIM (pages 8 and 9) with respect to funding for Treaty Advisory Committee representatives.
ADJOURNMENT
MOVED Director Sherry, SECONDED Director McNabb, that this meeting terminate.
CARRIED
TIME: 8:43 PM