REGIONAL DISTRICT OF NANAIMO

REGULAR BOARD MEETING

TUESDAY, APRIL 13, 1999

7:30 PM
(Nanaimo City Council Chambers)

A G E N D A
PAGES
1. CALL TO ORDER

2. DELEGATIONS

11 Ted Jeffs, re Inclusion of Lot 2, Plan 37425 (Mary Ellen Drive/Island Highway) into the City of Nanaimo.

12-13 Roger Parry, re Building Strata Conversion – 1009 Allsbrook Road – Area F.

3. BOARD MINUTES

14-25 Minutes of the regular Board meeting held on Tuesday, March 9 and the Special Board meeting held March 23, 1999.

4. BUSINESS ARISING FROM THE MINUTES

5. COMMUNICATIONS/CORRESPONDENCE

26 David Heenan, re Resignation from Shaw Hill-Deep Bay Advisory Planning Commission.

27 Randi Myhres, re Resignation from Shaw Hill-Deep Bay Advisory Planning Commission.

6. UNFINISHED BUSINESS

From the Environmental Services Committee meeting held March 23, 1999:

28-29 Arrowsmith Bulk Water – North West Bay Supply Line. (All Directors – One Vote)

BYLAWS

For Second Reading.

30-66 Bylaw No. 1148 – Arrowsmith Benson, Cranberry Bright Official Community Plan – Area C. (All Directors except EA ‘B’ – One Vote)

For Adoption.

67-68 Bylaw No. 500.252 – Technical and Procedural Revisions & Advisory Planning Commission Guidelines. (All Directors except EA ‘B’ – One Vote)

Bylaw No. 1049.01 – Nanoose Bay Bulk Water LSA Boundary Amendment Bylaw. (All Directors – One Vote)

Bylaw No. 1088.01 – Nanoose Bay Bulk Water LSA Development Cost Charge Amendment Bylaw. (All Directors – Weighted Vote)

Bylaw No. 934.01 – Northern Community Sewer LSA Development Cost Charge Amendment Bylaw. (Parksville, Qualicum Electoral Areas E, F, G & H – Weighted Vote)

7.(1) DEVELOPMENT SERVICES STANDING COMMITTEE

69-74 Minutes of the regular Development Services Committee meeting held March 16, 1999. (for information)

COMMUNICATIONS/CORRESPONDENCE

W. Lawson, re Development Variance Permit No. 9902. (All Directors – One Vote)

That the correspondence from W. Lawson supporting Development Variance Permit No. 9902, be received for information.

Ton DeGroot, re Forest Land Reserve Application 9901 (Lockwood Alpine Village – Area F). (All Directors – One Vote)

That the correspondence from T. DeGroot regarding Forest Land Reserve Application 9901, be received for information.

Hugh Stanhope, re Forest Land Reserve Application 9901 (Lockwood Alpine Village – Area F). (All Directors – One Vote)

That the correspondence from H. Stanhope regarding Forest Land Reserve Application 9901, be received for information.

Faye Smith, re Forest Land Reserve Application 9901 (Lockwood Alpine Village – Area F). (All Directors – One Vote)

That the correspondence from F. Smith regarding Forest Land Reserve Application 9901, be received for information.

Annette Tanner, Western Canada Wilderness Committee, re Forest Land Reserve Application 9901 (Lockwood Alpine Village – Area F).

(All Directors – One Vote)

That the correspondence from A. Tanner regarding Forest Land Reserve Application 9901, be received for information.
Paul Villar, Parksville & District Chamber of Commerce, re Forest Land Reserve Application 9901 (Lockwood Alpine Village – Area F).

(All Directors – One Vote)

That the correspondence from P. Villar regarding Forest Land Reserve Application 9901, be received for information.

BUILDING INSPECTION

Section 700 Filings. (All Directors – One Vote)

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:

Lot 2, Section 17, Range 1, Cedar District, Plan 3119, except part in Plan 51389, 2120 Huddington Road, Electoral Area ‘A’, owned by M. and R. King;

That part of Section 9, Range 3, Cedar District, lying to the west of the westerly limit of Thomas Road as shown on Plan 2082, except that part in Plan 24930, 2395 Yellowpoint Road, Electoral Area ‘A’, owned by Tranmere Energy Ltd.;

Lot A, Section 8, Range 3, Cedar District, Plan VIP66503, 2415 Yellowpoint Road, Electoral Area ‘A’, owned by P. and L. Olson;

Lot 16, Section 3, Gabriola Island, Nanaimo District, Plan 23476, 1930 South Road, Electoral Area ‘B’, owned by W. and E. Fitzpatrick;

Lot 2, Section 21, Gabriola Island, Nanaimo District, Plan 10325, 430 Berry Point Road, Electoral Area ‘B’, owned by R. & T. Ellis;

Lot 1, Section 15, Range 2, Mountain District, Plan 38711, Portion & Range 3, 3245 West Road, Electoral Area ‘D’, owned by W. and J. Saunderson.

PLANNING

DEVELOPMENT PERMIT APPLICATION

Application No. 9901 – Nickel Brothers/Palmer – 1990 Balsam Road – Area A. (All Directors except EA ‘B’ – One Vote)

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.

DEVELOPMENT VARIANCE PERMIT APPLICATION

Application No. 9902 – Mongomery & McIlwaine/Architrave Design – 7400 Sunbury Road – Area D. (All Directors except EA ‘B’ – One Vote)

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.

FOREST LAND RESERVE

Application No. 9901 – Lockwood Village/Boyle – Alberni Highway – Area F. (All Directors except EA ‘B’ – One Vote)

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’.

FRONTAGE RELAXATION

WR Hutchinson/W. Huf – Grieve Road – Area A. (All Directors except EA ‘B’ – One Vote)

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.

OTHER

Building Strata Conversion – Wright Focus – 1009 Allsbrook Road – Area F. (All Directors except EA ‘B’ – One Vote)

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 denied.

Electoral Area ‘F’ Official Community Plan Review Update. (All Directors except EA ‘B’ – One Vote)

That the Draft of the Electoral Area ‘F’ Official Community Plan be received.

7.(2) ENVIRONMENTAL SERVICES STANDING COMMITTEE

75-76 Minutes of the Environmental Services Committee meeting held March 23, 1999. (for information)

LIQUID WASTE

French Creek Pollution Control Centre – Odour Control. (All Directors – One Vote)

That the report on the management of odour at the French Creek Pollution Control Centre (FCPCC), be received.

Liquid Waste Management – Volume Reduction. (All Directors – One Vote)

That staff develop an education program that would promote the purchase of 6 LPF toilets over 13 LPF toilets.

SOLID WASTE

1999 Backyard Composter Distribution & Education Program.

(All Directors – One Vote)

That the 1999 Backyard Composter Distribution and Education Program be approved.
7.(3) CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

77-82 Minutes of the regular Corporate & Community Services Committee meeting held April 6, 1999. (for information)

DELEGATIONS

Jerry Flaman, re Seniors’ Classic Hockey Tournament – Parksville Arena. (All Directors – One Vote)

That this item be referred to the D69 Recreation Commission.

Lorne Hildebrand, re Botanical Garden. (All Directors – One Vote)

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.

UNFINISHED BUSINESS

District 69 Recreation Facility Plan. (All Directors – One Vote)

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".

ADMINISTRATION

Restorative Justice Initiative. (All Directors – One Vote)

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.

Wheatsheaf Sports Complex – Temporary Change to Liquor Licence – Area A. (All Directors – One Vote)

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.

Gypsy Moth Eradication Program Update. (All Directors – One Vote)

That the report on the Gypsy Moth Eradication Program be received for information.

FINANCE

Annual Report of Directors’ and Committee Members’ Remuneration and Expenses. (All Directors – One Vote)

That the 1998 report on remuneration and expenses for Board and Committee members be received for information.

Arrowsmith Water Service Joint Venture – 1998 Audited Financial Statements. (All Directors – One Vote)

That the 1998 audited financial statements for the Arrowsmith Water Service Joint Venture be received for information.

Errington Fire Protection Reserve Fund Expenditure Bylaw No. 1154.

(All Directors – 2/3)

That "Errington Fire Protection Function Reserve Fund Expenditure Bylaw No. 1154, 1999" be introduced for first three readings.

That "Errington Fire Protection Function Reserve Fund Expenditure Bylaw No. 1154, 1999" having received three readings be adopted.

RECREATION & PARKS

Regional Park Development Cost Charges. (All Directors – One Vote)

That staff be directed to prepare a regional parks development cost charge report and bylaw.

Little Mountain/Morison Creek Regional Park Acquisition Update.

(All Directors – One Vote)

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.

TRANSIT

Transit Service Agreement Amendment. (All Directors – One Vote)

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.

SPECIAL EVENT/SPECIAL OCCASION APPLICATIONS
Special Event Permit Application.

Arrowsmith Mountainbike Club (Hammerfest 99, May 8 & 9, 1999) – Area F. (All Directors – One Vote)

That a Special Event Permit be issued to the Arrowsmith Mountainbike Club for Hammerfest 99, to be held May 8^th and 9^th, 1999 in Errington.

Special Occasion License Application.

Arrowsmith Mountainbike Club (Hammerfest 99, May 9 & 9, 1999) – Area F. (All Directors – One Vote)

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 8^th and 9^th, 1999.

COMMISSION, ADVISORY & SELECT COMMITTEE

Gabriola Island Parks & Recreation Commission.

(All Directors – One Vote)

That the minutes of the Gabriola Island Parks & Recreation Commission meetings held March 1^st and 15^th, 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

District 69 Recreation Commission. (All Directors – One Vote)

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

Transit System Sub Committee. (All Directors – One Vote)

That the minutes of the Transit System Sub Committee meetings held March 2, 9 and 16, 1999 be received for information.
7.(4) EXECUTIVE STANDING COMMITTEE

7.(5) COMMISSION

7.(6) SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Aggregates Study Select Committee. (All Directors – One Vote)

83-85 Minutes of the Aggregates Study Select Committee meeting held March 24, 1999. (for information)

Intergovernmental Advisory Committee. (All Directors – One Vote)

86-90 Minutes of the Intergovernmental Advisory Committee meeting held March 25, 1999. (for information)

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.

Solid Waste Select Committee. (All Directors – One Vote)

91-92 Minutes of the Solid Waste Select Committee meeting held March 23, 1999. (for information)

Selection Committee. (All Directors – One Vote)

Shaw Hill-Deep Bay Advisory Planning Commission.
That Christoffel Kuun and Jack Pipes be appointed to the Shaw Hill-Deep Bay Advisory Planning Commission for terms ending December 31, 2000.

Cedar Village Sewer Advisory Committee.

That Wayne Proctor (General Public) be appointed to the Cedar Village Sewer Advisory Committee.

Nanoose Bay Parks & Open Space Project Management Committee.

That Pat Phillips (Major Land Owner) be appointed to the Nanoose Bay Parks & Open Space Project Management Committee.

Airport Commission Appointment.

8. ADMINISTRATOR’S REPORT

9. ADDENDUM

10. BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

11. NEW BUSINESS

12. BOARD INFORMATION (Separate enclosure on blue paper)

13. NOTICE OF MOTION

14. ADJOURNMENT

15. IN CAMERA