REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, MAY 11, 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
M. Pearse Mgr. of Administrative Services
DELEGATIONS
Hans Ebeling, President, Nanaimo Association for the Mentally Handicapped, re handyDART Fare Increases.
Mr. Ebeling expressed his concerns with respect to the fare increases for handyDART.
Barbara Smith, Caregiver, re handyDART Fare Increases.
Ms. Smith outlined the impact that the recent fare increases has on her family and asked Board members to reconsider the increase.
Cathy Nicholson, Caregiver, re handyDART Fare Increases.
Ms. Nicholson described how her brother relies on the handyDART system and how this increase is a financial hardship for him. She urged Board members to consider a gradual increase rather than a full increase at this time.
Barbara Randall, Caregiver, re handyDART Fare Increases.
Ms. Randall spoke in opposition of the recent fare increases and outlined the hardship this increase has on handicapped persons.
Transit System Sub Committee.
MOVED Director Luchtmeijer, SECONDED Director Garnish, that the Transit System Sub Committee minutes be brought forward for consideration.
CARRIED
MOVED Director Luchtmeijer, SECONDED Director McGuffie, that the minutes of the Transit System Sub Committee meeting held April 28, 1999 be received for information.
CARRIED
MOVED Director McGuffie, SECONDED Director Rispin, that the Minister of Human Resources be requested to increase the monthly Transportation Allowance to the handicapped from $46.00 to a level that reflects current transportation costs for handyDART service.
CARRIED
Denise Haime, re Landfill Siting.
Ms. Haime disagreed with the costs outlined in the comparative reports and asked that landfill siting within the Regional District be removed as an option. She made a number of recommendations to the Board including the support of waste export.
Brian Blood, re Deliberation Process Regarding Solid Waste.
Mr. Blood voiced his displeasure with the solid waste management process.
Bob Jepson, re Solid Waste Management.
Mr. Jepson discussed his concerns with respect to the public consultation process for the solid waste management plan and also expressed his concerns with respect to groundwater management and related environmental issues.
Allen Windecker, re Waste Management.
Mr. Windecker outlined his concerns with respect to the public process involved with the solid waste management plan and also disputed the costs outlined in the comparative reports.
Julian Fell, re Area �F� Official Community Plan.
Mr. Fell spoke of his reasons for resigning from the Community Steering Committee and also of his concerns with respect to the public process.
William Harany, re Area �F� Official Community Plan.
Mr. Harany requested changes he would like made to the draft Area F Official Community Plan with respect to Hilliers village and the Qualicum River Estates property.
Mr. Bowman, re Illegal Structure � 333 Malaspina Drive � Area B.
Mr. Bowman was not in attendance.
Susan Banasky, re Area �C� Official Community Plan.
The public hearing was held on April 29, 1999 and no further delegations are permitted before the Board considers the public hearing report.
Barbara Fraser, re Area �F� Official Community Plan.
Ms. Fraser discussed her concerns with industrial businesses and non-conforming status in Area F and asked how they would be handled in the Official Community Plan.
Terry Moore, re Area �F� Official Community Plan.
Mr. Moore requested that the Official Community Plan needs to be amended in the area of high impact industrial uses.
Roger Parry, re Qualicum River Estates.
Mr. Parry discussed the Area F Offical Community Plan with respect to the Qualicum River Estates development.
BOARD MINUTES
MOVED Director Stanhope, SECONDED Director Sherry, that the minutes of the regular Board meeting held on Tuesday, April 13, 1999 and the Special Board meeting held May 4, 1999 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Rob Hutchins, Chairperson, Cowichan Valley Regional District, re Transfer of Chicken Quotas.
MOVED Director Garnish, SECONDED Director McLean, that the correspondence from the Cowichan Valley Regional District with respect to the transfer of chicken quotas be received.
CARRIED
Don Hutchison, re Area �F� Community Steering Committee.
MOVED Director McNabb, SECONDED Director Garnish, that the correspondence from Don Hutchison be received.
CARRIED
Letters of Resignation - Area �F� Community Steering Committee.
MOVED Director McLean, SECONDED Director Garnish, that the letters of resignation be received with regret.
CARRIED
Bob Davey, Davey Consulting & Engineering, re Development Variance Permit Application No. 9905 � Dirnberger � 3482 Grilse Road � Area E.
MOVED Director McNabb, SECONDED Director Garnish, that the correspondence with respect to Development Variance Permit Application No. 9905 be received.
CARRIED
UNFINISHED BUSINESS
Public Hearing.
Minutes of the Public Hearing held April 29, 1999 with respect to Bylaw No. 1148 � Electoral Area �C� Official Community Plan.
MOVED Director Hamilton, SECONDED Director McGuffie, that the agency comments, Attachment 1, 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 the Summary of Proceedings of the Public Hearing, Attachment 2, held April 29, 1999 in accordance with the public notification of "Regional District of Nanaimo Arrowsmith Benson � Cranberry Bright Official Community Plan Bylaw No. 1148, 1999" be received.
CARRIED
MOVED Director Hamilton, SECONDED Director McGuffie, 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 Sherry, that "Regional District of Nanaimo Arrowsmith Benson � Cranberry Bright Official Community Plan Bylaw No. 1148, 1999" be granted third reading, as amended.
CARRIED
MOVED Director Hamilton, SECONDED Director Savage, that "Regional District of Nanaimo Arrowsmith Benson � Cranberry Bright Official Community Plan Bylaw No. 1148, 1999" be forwarded to the Minister of Municipal Affairs for consideration of approval.
CARRIED
Minutes of the Public Hearing held March 24, 1999 with respect to Bylaw No. 500.231 � Water Supply.
MOVED Director Garnish, SECONDED Director Savage, that the Summary of Proceedings of the Public Hearing held on Wednesday, March 24th and Thursday, March 25th, 1999, as a result of the public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.231, 1997", be received.
CARRIED
MOVED Director Garnish, SECONDED Director Stanhope, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.231, 1997", be abandoned.
CARRIED
For Introduction, Three Readings & Adoption.
Bylaw No. 1132.
MOVED Director McGuffie, SECONDED Director Loomis, that "Regional District of Nanaimo Structural Removal Bylaw No. 1132, 1999" be introduced and given three (3) readings.
CARRIED
MOVED Director Loomis, SECONDED Director McGuffie, that "Regional District of Nanaimo Structural Removal Bylaw No. 1132, 1999" having received three (3) readings, be adopted.
CARRIED
DEVELOPMENT SERVICES STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Savage, that the minutes of the regular Development Services Committee meeting held April 20, 1999 be received for information.
CARRIED
Application No. AA9812 � Radcliffe Development Corporation � 2300 Block East Island Highway � Area E.
MOVED Director Garnish, SECONDED Director Sherry, that the motion from the minutes to defer Application No. AA9812 for ninety days be reconsidered.
CARRIED
MOVED Director Garnish, SECONDED Director Luchtmeijer, that Application No. AA9812 be denied.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Rispin, McGuffie, Savage, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Directors Duncan, McNabb and McLean voting in the negative.
UNFINISHED BUSINESS
FLR Application No. 9901 � Lockwood Village/Boyle � Alberni Highway � Area F.
MOVED Director Hamilton, SECONDED Director Stanhope, that the application for exclusion of land from the FLR be supported in principle, subject to the conditions as outlined in Schedule 1.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Rispin, McNabb, Savage, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Directors Loomis, Duncan, McGuffie and McLean voting in the negative.
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
Application No. ZA9904 � Baker/Thompson � 3520 Jinglepot Road � Area D.
MOVED Director Hamilton, SECONDED Director McNabb, that Amendment Application ZA9904, submitted by Charles and Marion Baker, and Doreen Thompson to rezone the property legally described as Lot 3, Section 17, Range 3, Mountain District, Plan 13361, from Rural 1, Subdivision District �D� (RUID), to Rural 1, Subdivision District �F� (RU1F), be approved subject to the conditions outlined in amended Schedule 1.
CARRIED
MOVED Director Hamilton, SECONDED Director Savage,:
That the requirement for a Development Permit pursuant to Section 8.1 of the East Wellington � Pleasant Valley Official Community Plan be waived, provided restrictive covenants for the protection of the natural environment are secured, as outlined in amended Schedule 1, at the time of rezoning.
That staff be directed to prepare a report for the Board regarding the use of "Return to Crown" as a condition of approval in amendment applications.
CARRIED
DEVELOPMENT PERMIT APPLICATION
Application No. 9903 � Seargeant/Fielding � 6852 Mart Road � Area D.
MOVED Director Hamilton, SECONDED Director Sherry, that Development Permit 9903 to legalize an existing storage shed, to permit recreational vehicle storage and to reduce the landscaping requirement on the property legally described as Lot 12, District Lot 44, Wellington District, Plan 15245 be approved subject to the conditions set out in Schedule 1.
CARRIED
Application No. 9904 � Big Boys Toys � 7373 Industrial Road � Area D.
MOVED Director Hamilton, SECONDED Director Savage, that Development Permit 9904, to legalize the existing use of the minimum setback area for the property legally described as Lots 13 and 14, Plan 15245, District Lot 44, Wellington District, for the storage of recreation vehicles, be approved subject to the conditions outlined in Schedule �2�.
CARRIED
Application 9905 � Marchant/Jorgensen � 3631 Dolphin Drive � Area E.
MOVED Director Hamilton, SECONDED Director Savage, that Development Permit No. 9905 to establish one (1) dwelling unit on the property legally described as Lot 10, District Lot 78, Nanoose District, Plan 19688, be approved subject to the conditions outlined in Schedule �1�.
CARRIED
DEVELOPMENT VARIANCE PERMIT APPLICATION
Application No. 9903 � John � 2616 Barnes Road � Area A.
Delegations wishing to speak to Application No. 9903.
Tara John, re Development Variance Permit Application No. 9903 � 2616 Barnes Road � Area A.
Ms. John requested that the Board permit her barn to remain in its present location.
MOVED Director Garnish, SECONDED Director Stanhope, that Development Variance Permit Application No. 9903, to vary the setback requirements of RDN Bylaw No. 500, 1987 for an accessory building housing livestock on the property legally described as Lot 1, Section 18, Range 3, Cedar District, Plan VIP55689, be referred back to the next Development Services Committee meeting.
CARRIED
Application No. 9905 � Ludwig Dirnberger � 3482 Grilse Road � Area E.
Delegations wishing to speak to Application No. 9905.
There were no delegations present.
MOVED Director Hamilton, SECONDED Director Stanhope, that Development Permit 9905, to vary the interior side lot line setback from 2.0 metres to 0.0 metres and to vary the front lot line setback from 8.0 metres to 0.0 metres to allow for the construction and alteration of a retaining wall structure, be approved subject to conditions outlined in Schedule 1 and notification of adjacent property owners pursuant to the Municipal Act.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Additional Correspondence re Application for Exclusion from the ALR � Gainsberg Road and Island Highway � Area H.
MOVED Director Hamilton, SECONDED Director Garnish, that the correspondence regarding an Application for Exclusion from the ALR be received for information.
CARRIED
Additional Correspondence re FLR Application No. 9901 � Lockwood Village � Area F.
MOVED Director Hamilton, SECONDED Director McLean, that the correspondence regarding FLR Application No. 9901 be received for information.
CARRIED
OTHER
Application for Exclusion from the ALR � Gainsberg Road & Island Highway No. 39A � Area H.
MOVED Director Hamilton, SECONDED Director Stanhope, that the application be referred to the Regional Growth Management Plan interim review to include consideration of a �net gain policy for agriculture�.
CARRIED
City of Nanaimo Official Community Plan Amendment Bylaw Referral.
MOVED Director Hamilton, SECONDED Director McNabb, that the referral of proposed amendments to the City of Nanaimo�s Official Community Plan (Amendment Bylaws 6000.021, 6000.022 and 6000.023) be supported subject to revision/clarification of the Urban Containment Boundary policy in Bylaw 6000.022, to ensure that it is consistent with the Regional Growth Management Plan.
CARRIED
Electoral Area �F� Official Community Plan Bylaw No. 1152.
MOVED Director Hamilton, SECONDED Director Stanhope, that the summary of public and agency comments on the Electoral Area �F� Draft Official Community Plan Bylaw No. 1152, 1999 (Schedule 1), be received.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Duncan, Rispin, McGuffie, McNabb, Savage, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Director McLean voting in the negative.
MOVED Director Hamilton, SECONDED Director Garnish, that the correspondence on the Electoral Area �F� Draft Official Community Plan Bylaw No. 1152 (Schedule 2), be received.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Duncan, Rispin, McGuffie, McNabb, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Directors Savage and McLean voting in the negative.
MOVED Director Hamilton, SECONDED Director McGuffie, that "Regional District of Nanaimo Electoral Area �F� Official Community Plan Bylaw No. 1152, 1999" be granted 1st and 2nd reading.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Rispin, McGuffie, McNabb, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Directors Duncan, Savage and McLean voting in the negative.
MOVED Director Hamilton, SECONDED Director Garnish, that "Regional District of Nanaimo Electoral Area �F� Official Community Plan Bylaw No. 1152, 1999" has been examined in conjunction with the Regional District of Nanaimo�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 Electoral Area �F� Official Community Plan Bylaw No. 1152, 1999" proceed to Public Hearing.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Rispin, McGuffie, McNabb, Stanhope, Korpan, Garnish and Hamilton voting in the affirmative and Directors Duncan, Savage and McLean voting in the negative.
MOVED Director Hamilton, SECONDED Director Garnish, that the holding of the Public Hearing with respect to "Regional District of Nanaimo Electoral Area �F� Official Community Plan Bylaw No. 1152, 1999" be delegated to Director McLean or his alternate.
CARRIED
Electoral Area �F� Official Community Plan Community Steering Committee.
MOVED Director Hamilton, SECONDED Director Garnish, that the Community Steering Committee be directed to provide referral comments on "Regional District of Nanaimo Electoral Area �F� OCP Bylaw No. 1152, 1999" in accordance with the process outlined in Schedule 1.
CARRIED
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE
Solid Waste Select Committee.
MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the Solid Waste Select Committee meeting held April 20, 1999 be received for information.
CARRIED
Intergovernmental Advisory Committee.
MOVED Director Hamilton, SECONDED Director Garnish, that the minutes of the Intergovernmental Advisory Committee meeting held April 22, 1999 be received for information.
CARRIED
ADMINISTRATOR�S REPORT
Special Event Permit Application � Island Regional Rovers � Area D.
MOVED Director Stanhope, SECONDED Director Savage, that a Special Event Permit be issued to the Island Regional Rovers for Camp Skeeter, to be held May 22, 23 and 24, 1999 at Lot 1, Doumont Road, Nanaimo, subject to Ministry of Health approval.
CARRIED
1998 Public Bodies Information Report.
MOVED Director Stanhope, SECONDED Director Luchtmeijer, that the 1998 Public Bodies Financial Information Report be received for information.
CARRIED
Staff were requested to clarify the legal costs and bring forward a memo for Board members information.
1998 Audited Financial Statements for the North Island 911 Corporation.
MOVED Director Luchtmeijer, SECONDED Director McGuffie, that the report on the audited financial statements of the North Island 911 Corporation for the year ended December 31, 1998 be received for information.
CARRIED
Staff were requested to clarify the $0.07 charge to be applied by BC Tel and the purpose of the $1 million reserve fund for the District 69 E911 service and to bring forward a memo for Board members information.
First Quarter Operating Results.
MOVED Director McNabb, SECONDED Director Sherry, that the summary report of operating results to April 15th, 1999 be received for information.
CARRIED
Residual Solid Waste Management Plan Comparative Report.
MOVED Director Sherry, SECONDED Director Luchtmeijer, that the working papers on municipal solid waste composting, municipal solid waste export and candidate landfill site assessment be received.
CARRIED
MOVED Director Sherry, SECONDED Director McNabb, that, barring exceptional circumstances, a landfill not be further considered as a residual waste management option at this time.
CARRIED
MOVED Director Sherry, SECONDED Director Luchtmeijer, that MSW composting not be further considered as a residual waste management option at this time.
MOVED Director McNabb, SECONDED Director Savage, that, in order to answer any ongoing questions about the Regional Board Solid Waste proposals, that the full Board give all applicants an additional half hour to one hour opportunity to present additional information on their proposals and that this special session occur within the next 4 weeks after all proponents have been contacted and given the opportunity to appear.
A recorded vote was requested.
The motion CARRIED with Directors Little, Loomis, Duncan, Rispin, McNabb, Savage, Stanhope, McLean, Korpan and Hamilton voting in the affirmative and Directors Holme, Luchtmeijer, Duggan, Sherry, McGuffie and Garnish voting in the negative.
MOVED Director Sherry, SECONDED Director Savage, that waste export be considered as the only viable residual waste management option at this time and that discussion be initiated with the GVRD and other out-of-region landfill operators to obtain a long-term contract to export the Region�s waste stream.
A recorded vote was requested.
The motion CARRIED with Directors Holme, Luchtmeijer, Little, Duggan, Sherry, Loomis, Duncan, McGuffie, Savage, Stanhope, McLean, Korpan, Garnish and Hamilton voting the affirmative and Directors Rispin and McNabb voting in the negative.
MOVED Director Sherry, SECONDED Director Luchtmeijer, that the Region enter into discussions with the short-listed source separated composting vendors for the development of a privately owned and operated facility.
MOVED Director McLean, SECONDED Director McNabb, that this motion be tabled.
DEFEATED
The question was called on the main motion.
The motion CARRIED.
MOVED Director Sherry, SECONDED Director Little, that inter-regional initiatives be further explored.
CARRIED
Landfill Tracked Loader � Tender Award.
MOVED Director Garnish, SECONDED Director McGuffie, that the contract for the lease of a landfill tracked loader be awarded to Finning Ltd.
CARRIED
NEW BUSINESS
MOVED Director McLean, SECONDED Director Garnish, that staff be directed to send condolences to Issac Neden on the recent passing of his wife.
CARRIED
BOARD INFORMATION
Homeowner Protection Act.
MOVED Director Loomis, SECONDED Director Stanhope, that staff prepare a report for the Development Services Committee meeting examining the possibility of rural areas being exempted from the Homeowner Protection Warranty requirement.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director Garnish, that this meeting terminate.
CARRIED
TIME: 10:05 PM
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CHAIRPERSON SECRETARY