REGIONAL DISTRICT OF NANAIMO

REGULAR BOARD MEETING

TUESDAY, JULY 13, 1999

7:30 PM

(Nanaimo City Council Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

2. DELEGATIONS

13-16 Roger Schuerbeke, re Court Order for Building Compliance – Area B.

3. BOARD MINUTES

17-33 Minutes of the regular Board meeting held on Tuesday, June 8, 1999 and the Special Board meeting held Tuesday, June 29, 1999.

4. BUSINESS ARISING FROM THE MINUTES

5. COMMUNICATIONS/CORRESPONDENCE

34 J. S. Dias, District of North Cowichan, re MacMillan Bloedel.

6. UNFINISHED BUSINESS

For Adoption.

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

35-41 Radcliffe Development Corporation, re Amendment Application No. AA9812. (To consider submission) (All Directors – One Vote)

7.(1) DEVELOPMENT SERVICES STANDING COMMITTEE

42-44 Minutes of the regular Development Services Committee meeting held June 15, 1999. (for information)

CORRESPONDENCE/COMMUNICATION

Jenny Kwan, Minister of Municipal Affairs, re Approval of Building Strata Plans. (All Directors – One Vote)

That the correspondence from Jenny Kwan, Minister of Municipal Affairs, regarding approval of Building Strata Plans, 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 deficiencies are not rectified within ninety (90) days, legal action will be pursued:

    1. Lot A, Section 16, Range 2, Cedar District, Plan 42171, 1591 Rugg Road, Electoral Area ‘A’, owned by C. Denton;
    2. Lot 2, Section 12, Range 5, Cedar District, Plan VIP57855, 2030 Pace Road, Electoral Area ‘A’, owned by L. Hawthornthwaite;
    3. Lot A, Section 5, Range 2, Cedar District, Plan 46461, 2689 Cedar Road, Electoral Area ‘A’, owned by L. Wallace;
    4. Lot D, Section 30, Gabriola Island, Nanaimo District, Plan 37770, 2690 Kevan Drive, Electoral Area ‘B’, owned by G. Decuypere, R. Decuypere, and A. Decuypere;
    5. Lot 59, Section 12, Gabriola Island, Nanaimo District, Plan 23190, 945 Duthie Avenue, Electoral Area ‘B’, owned by K. Zarifian;
    6. Lot 15, Section 18, Gabriola Island, Nanaimo District, Plan 22657, 891 Christine Close, Electoral Area ‘B’, owned by K. Wilden;
    7. Lot B, Section 19, Gabriola Island, Nanaimo District, Plan VIP60373, 750 Tin Can Alley, Electoral Area ‘B’, owned by M. and A. O’Donnell-Sweeney;
    8. Lot 12, Section 18, Gabriola Island, Nanaimo District, Plan 17698, 1376 Sea Lovers Lane, Electoral Area ‘B’, owned by R. Kernahan;
    9. Lot 4, Sections 9 and 28, Gabriola Island, Nanaimo District, Plan 28491, 2015 Ferne Road, Electoral Area ‘B’, owned by M. Pelzer;
    10. Lot 8, Section 31, Gabriola Island, Nanaimo District, Plan 23760, 800 Vali Place, Electoral Area ‘B’, owned by S. Sabine and J. Crolley;
    11. Parcel A (DD2533791) of Lot 1, Section 21, Gabriola Island, Nanaimo District, Plan 8542, 250 Davis Road, Electoral Area ‘B’, owned by L. Peacock;
    12. Lot 2, Section 9, Gabriola Island, Nanaimo District, Plan 28494, 1620 Lockwood Drive, Electoral Area ‘B’, owned by A. Brown;
    13. Lot 5, Section 17, Gabriola Island, Nanaimo District, Plan 25803, 1275 Hamlet Road, Electoral Area ‘B’, owned by M. Noyon;
    14. Lot 16, Plan 19972, Section 5, Gabriola Island, Nanaimo District, 3159 Silva Bay Road, Electoral Area ‘B’, owned by T. Muir;
    15. Lot 17, Section 18, Range 3, Mountain District, Plan 26264, 3645 Ranch Point Road, Electoral Area ‘D’, owned by J. Dyck;
    16. Lot 7, District Lot 6, Nanoose District, Plan 38573, 2520 Schirra Drive, Electoral Area ‘E’, owned by S. Rowe;
    17. Lot 2, District Lot 28, Nanoose District, Plan 21947, 1485 Sunrise Drive, Electoral Area ‘G’, owned by D. Cichy.

Homeowner Protection Program/Warranty. (All Directors – One Vote)

That the staff report on the new Homeowner Protection Act Regulations be received for information and that staff be directed to monitor the progress and performance of the new regulations over the next twelve months and report back to the Board.

PLANNING

DEVELOPMENT PERMIT APPLICATION

Application No. 9910 - Whittal – Amberland Lane – Area E.

(All Directors except EA ‘B’ – One Vote)

That Development Permit 9910 on the property described as Lot 9, District Lot 78, Nanoose District, Plan 47638, be approved subject to the conditions outlined on Schedule ‘1’.

OTHER

Gabriola Island OCP Amendment and Land Use Bylaw Referrals.

(All Directors – One Vote)

That "Gabriola Island Official Community Plan Bylaw No. 166, 1997, Amendment Bylaw No. 1, 1999" and Bylaw No. 177 "Gabriola Island Land Use Bylaw" be received and the Islands Trust be advised that the Regional District of Nanaimo supports the proposed bylaws.

Agricultural Land Commission Application Allin/Sims – 1245 Coldwater Road – Area ‘G’. (All Directors – One Vote)

That the Regional District recommend that the ALC approve the application and direct staff to bring forward amendments to the French Creek Official Community Plan.

7.(2) ENVIRONMENTAL SERVICES STANDING COMMITTEE

45-47 Minutes of the Environmental Services Committee meeting held June 22, 1999. (for information)

CORRESPONDENCE/COMMUNICATION

Arno Hennig, Regional District of Kootenay Boundary, re Recycling Content Regulations. (All Directors – One Vote)

That the correspondence from Arno Hennig, Regional District of Kootenay Boundary, regarding recycling content regulations be received for information.

Anne L. Duggan, Deputy Mayor, City of Parksville, re Municipal Infrastructure in the Millennium Budget. (All Directors – One Vote)

That the correspondence from Anne Duggan, Deputy Mayor, City of Parksville, regarding municipal infrastructure in the Millennium Budget be received for information.

SOLID WASTE

Amendment to Definition of Gypsum (Bylaw No. 894.09).

(All Directors – Weighted Vote)

    1. That "Regional District of Nanaimo Solid Waste Management Regulation Bylaw No. 894.09, 1999" be introduced and read three times.

2. That "Regional District of Nanaimo Solid Waste Management Regulation Bylaw No. 894.09, 1999" having received three readings, be adopted.

Regional Landfill – 1999 Cell Closure. (All Directors – Weighted Vote)

That the "1999 Regional Landfill Cell Closure" contract be awarded to Excel Contracting for the tendered price of $369,322.27.

Woodwaste Management. (All Directors – One Vote)

That the workplan and schedule to develop and implement solutions for the management of the RDN’s landclearing waste be approved.

UTILITIES

Pump & Haul Amendment Bylaw No. 975.13. (All Directors – One Vote)

That Regional District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No. 975.13, 1999" be read three times and forwarded to the Inspector of Municipalities for approval.

OTHER

Municipal Infrastructure in the Millennium Budget.

(All Directors – One Vote)

WHEREAS the FCM inspired $7-million, six year Canada Infrastructure Works Program (CIWP) exceeded original projections, funding 17,000 projects that created assets of lasting value and generated more than 130,000 short-term jobs;

WHEREAS the CIWP could not fully address Canada’s long-term infrastructure needs given the extent of the problem revealed in various FCM studies completed between 1985 and 1996;

WHEREAS the Regional District of Nanaimo has outstanding infrastructure projects that it cannot effectively finance out of municipal revenues alone;

WHEREAS FCM is dedicated to improving the quality of life in all communities;

WHEREAS the Millennium budget offers an opportunity for achieving an improved quality of life and ensuring sustainable communities;

WHEREAS the FCM National Board of Directors has endorsed a new long-term national infrastructure program with environmental benefits as a component of a sustainable communities strategy;

WHEREAS the FCM proposal, with the theme CLEAN AIR, CLEAN WATER, CLEAN SOIL, calls for flexibility to accommodate equally the needs of rural/small communities and large municipalities, supporting waste management systems, water efficiency, energy efficiency, transportation investments and main street & urban core renewal; and

WHEREAS such investments will create jobs, reduce pollution, save taxpayers money, reduce health and environmental impacts and improve the economy;

NOW THEREFORE BE IT RESOLVED

That the Regional District of Nanaimo endorse the Federation of Municipalities’ call for a long-term national core municipal infrastructure program, highlighting environmental benefits, in the federal Millennium Budget;

That the Regional District of Nanaimo, as opportunities arise through correspondence, personal meetings and other communications, urge local members of the Federal Parliament and the Provincial Legislative Assembly to support FCM’s Millennium Budget proposal and to communicate their support to the Minister of Finance;

That the Regional District of Nanaimo, as opportunities arise, communicate the need for a new municipal infrastructure program with environmental benefits, to neighbouring communities;

That the Regional District of Nanaimo, as opportunities arise, communicate to local media and the public our support for FCM’s Millennium Budget proposal; and

That a copy of the Board’s resolution on this matter be forwarded to FCM.

7.(3) CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

48-53 Minutes of the regular Corporate & Community Services Committee meeting held July 6, 1999. (for information)

Restorative Justice. (All Directors – One Vote)

    1. 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.
    2. 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.

COMMUNICATION/CORRESPONDENCE

Frank Collins, Arrowsmith Community Justice Society, re Grants-in-Aid. (All Directors – One Vote)

That the correspondence from Mr. Collins with respect to grants-in-aid be received.

Gary Korpan, City of Nanaimo, re Recreation Agreement with the City of Nanaimo. (All Directors – One Vote)

That the correspondence from Mr. Korpan with respect to the Recreation Agreement with the City of Nanaimo be received.

Gary Korpan, City of Nanaimo, re Property Taxes on Public Libraries.

(All Directors – One Vote)

That the correspondence from Mr. Korpan with respect to the Property Taxes on Public Libraries be received.

Peter Wainwright, VIRL Board, re Proposed Changes to the Assessment Formula. (All Directors – One Vote)

That the correspondence from Mr. Wainwright with respect to the Vancouver Island Regional Library assessment formula be received.

That the motions put forward by the Vancouver Island Regional Library be forwarded to the Board for consideration.

Request for Approval of Proposed Changes:

(All Directors – One Vote)

    1. That the VIRL local government contribution formula be amended by excluding populations living on Indian reserves from the population figures used to calculate local government contributions.
    2. That the VIRL local government contribution formula be amended as follows:

    1. the cost of property taxes on library facilities are allocated to local governments in the amount of the taxes which the local government collects;
    2. the remaining operating costs are allocated to local governments according to the current formula which is based 50% on population and 50% on converted assessments.

Helen Pedneault, Ministry of Attorney General, re Liquor Policy Review. (All Directors – One Vote)

That the correspondence from Ms. Pedneault, with respect to the liquor policy review be received.

ADMINISTRATION

Appointment of Chief and Deputy Chief Election Officers.

(All Directors – One Vote)

That Carol Mason, Secretary, be appointed as the Chief Election Officer and Maureen Pearse, Deputy Secretary, be appointed as the Deputy Chief Election Officer for the purpose of conducting the November 20, 1999 local government elections and referendums.

Year 2000 Status Report. (All Directors – One Vote)

That the Year 2000 status report be received for information.

FINANCE

Amendment to Authorization to Purchase and Pay Accounts Policy No. A2.9. (All Directors –Weighted Vote)

That the Authorization to Purchase and Pay Accounts policy be adopted as amended.

North Island 911 Corporation Amendment Bylaw No. 958.01 District 69 E911. (City of Parksville, Town of Qualicum Beach, Electoral Areas ‘E’, ‘F’,’G’ and ‘H’ – Weighted Vote)

    1. That the Regional District of Nanaimo approve the addition of the Regional District of Powell River as a shareholder in the North Island 9-1-1 Corporation.
    2. That the Chairperson and Secretary be authorized to execute all necessary documents with respect to this change.
    3. That staff correspond with the Corporation and advise that the return of investment should be applied as a credit to the annual requisition assessed to this Regional District commencing in the Year 2000.
    4. That "Regional District of Nanaimo North Island 9-1-1 Corporation Shareholders’ Agreement Amendment Bylaw No. 958.01, 1999" be introduced for first three readings. (All Directors – Weighted Vote)
    5. That "Regional District of Nanaimo North Island 9-1-1 Corporation Shareholders’ Agreement Amendment Bylaw No. 958.01, 1999" having received three readings, be adopted. (All Directors – Weighted Vote)

RECREATION & PARKS

Community Park Development Projects. (All Directors – One Vote)

That the report on recently completed Community Park development projects be received as information.

Recreation Services Agreement. (All Directors – Weighted Vote)

That the Recreation Services Agreement with the City of Nanaimo be extended for one year.

Whiskey Creek Park Site – Offer of Lease from the Province.

(All Directors – Weighted Vote)

That the Regional District accept the offer of a lease for the Malcolm property subject to arrangements for the provision of additional alternative access to the parcel by the Province.

That staff be requested to bring a report to the Board regarding all accesses to the property.

SPECIAL EVENT/SPECIAL OCCASION APPLICATIONS

(All Directors – One Vote)

Status Reports.

That the status reports be received for information.

Special Event Permit Applications.

Gabriola Island Community Hall Association (Annual Salmon Barbecue, August 14, 1999) – Area B.

That a Special Event Permit be issued to the Gabriola Island Community Hall Association for the Annual Salmon Barbecue, to be held August 14, 1999 at 2200 South Road, Gabriola Island, subject to RCMP, Ministry of Health and local fire department approval.

Spruston Enterprises Ltd. (July 1999) – Area C.

That Special Event Permits be issued to Spruston Enterprises with the amended dates and times as outlined in Schedule No. 1, subject to approval from the Ministry of Health and the local fire department.

Nanaimo Motocross Association (Canadian National Motocross Championship, July 24 & 25, 1999) – Area C.

That a Special Event Permit be issued to the Nanaimo Motocross Association for the Canadian National Motocross Championship, to be held July 24 and 25, 1999 at the Wastelands, Weigles Road, Electoral Area ''C'', subject to Ministry of Health and local fire department approval.

Vancouver Island Association for Injured Motorcyclists (Pig ‘n Fin, August 20, 21 & 22, 1999) – Area F.

That a Special Event Permit be issued to the Vancouver Island Association for Injured Motorcyclists for Pig ''n Fin, to be held August 20, 21 and 22, 1999 at the Coombs Rodeo Grounds, Port Alberni Highway, Coombs.

Special Occasion License Applications. (All Directors – One Vote)

Gabriola Island Community Hall Association (Annual Salmon Barbecue, August 14, 1999) – Area B.

That the Board approve the Gabriola Island community Hall Association''s request for the issuance of a one (1) day special occasion license to operate a beer garden at the Annual Salmon barbecue on August 14, 1999.

Nanaimo Motocross Association (Canadian National Motocross Championship, July 24 & 25, 1999) – Area C.

That the Board approve the Nanaimo Motocross Association''s request for the issuance of a two (2) day special occasion license to operate a beer garden at the Canadian National Motocross Championship on July 24 and 25, 1999.

Errington War Memorial Hall Association (Hi Neighbor Day, August 7, 1999) – Area F.

That the Board approve the Errington War Memorial Hall Association''s request for the issuance of a one (1) day special occasion license to operate a beer garden at Hi Neighbour Day on August 7, 1999.

Vancouver Island Association for Injured Motorcyclists (Pig ‘n Fin, August 20 & 21, 1999) – Area F.

That the Board approve the Vancouver Island Association for Injured Motorcyclists'' request for the issuance of a two (2) day special occasion license to operate a beer garden at Pig ''n Fin on August 20 and 21, 1999.

Lantzville Volunteer Fire Department (Mine Town Days, July 17, 1999) – Area D.

That the Board approve the Lantzville Volunteer Fire Department''s request for the issuance of a one (1) day special occasion license to operate a beer garden at Mine Town Days on July 17, 1999.

TRANSIT

Transit Steering Committee. (All Directors – One Vote)

That the minutes of the Transit Steering Committee meetings held June 1 & 28, 1999 be received for information.

Cost Allocation Report. (City of Nanaimo, City of Parksville, Town of Qualicum Beach, Electoral Areas ‘A’, ‘D’, ‘E’, ‘G’; and ‘H’ – Weighted Vote)

That the revised approach to the Cost Allocation Structure for Regional Transit services be approved.

Transit Bylaws. (All Directors – One Vote)

    1. That "Regional District of Nanaimo Conventional Transit Local Service Area Establishment Bylaw No. 897.01, 1999" be introduced for first three readings and forwarded to the Inspector of Municipalities for approval.
    2. That "Regional District of Nanaimo Custom Transit and Paratransit Local Service Area Establishment Bylaw No. 908.02, 1999" be introduced for first three readings and forwarded to the Inspector of Municipalities for approval.

HandyDART Vehicle Advertising. (All Directors – One Vote)

That BC Transit be requested to review its advertising policies to allow for bus advertising on handyDART vehicles in the Regional District.

Transit Service Agreement. (All Directors – Weighted Vote)

That the Transit Service Agreement with BC Transit be approved.

1999/2000 Annual Operating Agreements.

(All Directors – Weighted Vote)

    1. That the 1999/2000 Annual Operating Agreement between BC Transit and the Regional District of Nanaimo for the Nanaimo Regional Transit System be approved.
    2. That the 1999/2000 Annual Operating Agreement between BC Transit and the Regional District of Nanaimo for the Parksville/Qualicum Beach Transit system be approved.

COMMISSION, ADVISORY & SELECT COMMITTEE

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

That the minutes of the District 69 Recreation Commission meetings held May 27 and June 24, 1999 be received be for information.

Gabriola Island Recreation Commission. (All Directors – One Vote)

    1. That the minutes of the Gabriola Island Recreation Commission meeting held June 7, 1999 be received for information.
    2. That the GIPRC provide a grant-in-aid to the Soccer Association for up to but not exceeding $810 for soccer balls and nets.

7.(4) EXECUTIVE STANDING COMMITTEE

7.(5) COMMISSION

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

54-59 Central Vancouver Island Health Region – Project Building Committee.

(All Directors – One Vote)

Minutes of the Committee meetings held February 17 and April 21, 1999. (for information)

60 Board Room/Addition Select Committee. (All Directors – One Vote)

Minutes of the Board Room/Addition Committee meeting held June 17, 1999. (for information)

That the RDN request expressions of interest and advertise publicly for a boardroom facility.

8. ADMINISTRATOR’S REPORT

61-62 Arrowsmith-Benson – Cranberry Bright OCP Bylaw No. 1148, 1999

(All Directors except Electoral Area ‘B’ – One Vote)

63-68 Bylaw No. 500.254 – Amendment ZA9904 – Baker/Thompson – Electoral Area ‘D’ – 3520 Jingle Pot Road

(All Directors except Electoral Area ‘B’ – One Vote)

69-73 Proposed City of Nanaimo Boundary Adjustment – Mary Ellen Drive – Electoral Area ‘D’ – (Part of Lot 2, Plan 37425 Mary Ellen Drive)

(All Directors – One Vote)

74-75 Whiskey Creek Park Site Access – Area ‘F’. (All Directors – One Vote)

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