REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, OCTOBER 12 , 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

Danny O�Hara, re Area �C� Official Community Plan.

Mr. O�Hara declined from speaking.

Mike Gogo, re Area �C� Official Community Plan.

Mr. Gogo remarked that he was in agreement with the zoning designations as presented.

Morley Axelson, re Land Use Issue � 1715 Tees Avenue � Area A.

Mr. Alexson spoke about his accessory building that is too large for his property and requested consideration of a zoning amendment to change his property designation from Residential 2 to Rural 2.

BOARD MINUTES

MOVED Director Hamilton, SECONDED Director Sherry, that the minutes of the regular Board meeting held on Tuesday, September 14, 1999 be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Crispin Morris, re Parkland � Malcolm Property.

MOVED Director McLean, SECONDED Director Stanhope, that the correspondence from Mr. Morris with respect to the Malcolm property be received.

CARRIED

Trish McCool, Alexandra Clancy Youth Centre Society, re Youth Programs in District 69.

MOVED Director Luchtmeijer, SECONDED Director Garnish, that the correspondence from Ms. McCool with respect to the Alexandra Clancy Youth Centre Society be received.

CARRIED

Frank Collins, Arrowsmith Community Justice Program, re Letter of Support � Principles of Restorative Justice.

MOVED Director Luchtmeijer, SECONDED Director Stanhope, that the District send a letter of support as indicated in Mr. Colin�s letter.

CARRIED

UNFINISHED BUSINESS

For Second Reading & Third Reading.

Bylaw No. 500.253.

MOVED Director Hamilton, SECONDED Director Garnish, that the agency referral comments, Attachment 1, be received.

CARRIED

MOVED Director Hamilton, SECONDED Director Garnish, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.253, 1999" be amended, as outlined in Schedule 1.

CARRIED

MOVED Director Hamilton, SECONDED Director Stanhope, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.253, 1999" be granted 2nd reading as amended and proceed to public hearing.

CARRIED

MOVED Director Hamilton, SECONDED Director Luchtmeijer, that the holding of the public hearing with respect to "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.253, 1999" be delegated to the Director for Electoral Area �C� or their alternate.

CARRIED

MOVED Director Hamilton, SECONDED Director Garnish, that "Regional District of Nanaimo Building Inspection Extended Service Amendment Bylaw No. 787.03, 1999" be granted second and third reading and be forwarded to the Inspector of Municipalities for approval.

CARRIED

SECONDED Director Hamilton, SECONDED Director Garnish, that "Regional District of Nanaimo Building Regulations and Fees Bylaw Amendment Bylaw No. 1000.03, 1999" be granted second and third reading and be advertised in accordance with the Municipal Act.

CARRIED

For Adoption.

Bylaw No. 500.244.

MOVED Director Garnish, SECONDED Director McNabb, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.244, 1999" be adopted.

CARRIED

Bylaw No. 975.13.

MOVED Director McNabb, SECONDED Director McGuffie, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.13, 1999" be adopted.

CARRIED

Bylaw No. 975.14.

MOVED Director Garnish, SECONDED Director Savage, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.14, 1999" be adopted.

CARRIED

Bylaw No. 813.22.

MOVED Director Stanhope, SECONDED Director Garnish, that "French Creek Sewerage Facilities Local Service Area Amendment Bylaw No. 813.22, 1999" be adopted.

CARRIED

Bylaw No. 889.12.

MOVED Director Stanhope, SECONDED Director Savage, that "Regional District of Nanaimo Northern Community Sewer Local Service Area Amendment Bylaw No. 889.12, 1999" be adopted.

CARRIED

DEVELOPMENT SERVICES STANDING COMMITTEE

MOVED Director Hamilton, SECONDED Director Luchtmeijer, that the minutes of the regular Development Services Committee meeting held September 21, 1999 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 Luchtmeijer, 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 11, Section 20, Gabriola Island, Nanaimo District, Plan 22723, 720 Burnside Avenue, Electoral Area �B, owned by R. Lumgair and J. Muldoon;
  2. Lot 9, Section 17, Gabriola Island, Nanaimo District, Plan 49495, 2310 Windecker Drive, Electoral Area �B�, owned by L. and J. Jankovich;
  3. Lot 58, Section 13, Gabriola Island, Nanaimo District, Plan 21531, 515 Wildwood Crescent, Electoral Area �B�, owned by S. and K. Jordan;
  4. Parcel A (DD EB14759) of Lot 1, Block 419, Nanoose District, Plan 36697, 535 Fourneau Way, Electoral Area �G�, owned by S. Ross.

CARRIED

PLANNING

DEVELOPMENT PERMIT

Application No. 9912 � Helem � 1443 Marina Way � Electoral Area E.

MOVED Director Hamilton, SECONDED Director Savage, that Development Permit No. 9912 to facilitate the construction of additions to an existing dwelling on the property legally described as Lot A (DD B1288), Block A, District Lot 38, Nanoose District, Plan 10777 except part in Plan VIP52759 be approved, subject to the conditions outlined in Schedule �1� and notification pursuant to the Municipal Act.

CARRIED

Application No. 9914 � Ciammaichella/MacDonnell � 7180 Lantzville Road � Area D.

MOVED Director Hamilton, SECONDED Director Savage, that Development Permit 9914 to establish a freestanding sign on the property legally described as Lot 7, District Lot 27G, Wellington District, Plan 6757, be denied.

CARRIED

MOVED Director Hamilton, SECONDED Director McGuffie, that staff be directed to bring forward a report outlining a review of the development permit fee structure.

CARRIED

DEVELOPMENT VARIANCE PERMIT

Application No. 9907 � Anglican Diocese of BC/Niamath � 7113 Lantzville Road � Area D.

MOVED Director Hamilton, SECONDED Director Savage, that Development Variance Permit No. 9907, submitted by Ian Niamath on behalf of the Anglican Diocese of BC, to vary the setback requirements of RDN Bylaw No. 500, 1987 on the property legally described as Plan 302-R, District Lot 27G, Wellington District, be approved as follows and subject to the conditions outlined in Schedule �1�, and the notification requirements pursuant to the Municipal Act.

  1. That the required setback from a watercourse to the proposed Church structure be relaxed from 15.0 m to 0.0 m.
  2. That the required setback from the north property line to the vehicle parking spaces be relaxed from 5.0 m to 1.5 m.
  3. That the required setback from the east property line to the vehicle parking spaces be relaxed from 5.0 m to 3.8 m.

CARRIED

Application No. 9910 � Coomber � 4311 Garrod Road � Area H.

MOVED Director Hamilton, SECONDED Director Duncan, that Development Variance Permit No. 9910, submitted by Ralph Coomber, to vary the accessory building size and building siting requirements of RDN Bylaw No. 500, 1987 on the property legally described as Lot A, District Lot 36, Newcastle District and part of the Bed of the Strait of Georgia, Plan VIP61580 be approved as follows and subject to the conditions outlined in Schedule �A�, and the notification requirements pursuant to the Municipal Act.

  1. The maximum height for the proposed accessory building is varied from 6 metres to 6.7 metres.
  2. The front property line setback is varied from 8.0 metres to 3.6 metres.
  3. The interior side property line setback is varied from 2.0 metres to 0.6 metres.

CARRIED

Application No. 9911 � Anglican Synod of the Diocese of BC � 2600 Powder Point Road � Area E.

MOVED Director Hamilton, SECONDED Director Sherry, that Development Variance Permit application No. 9911 to vary the maximum permitted height of the Public 1 (PU1) zone from 8.0 to 9.4 metres to permit the development of a proposed church addition on the property legally described as Lot 2, District Lot 67, Nanoose District, Plan 29102 be approved subject to the notification requirements pursuant to the Municipal Act.

CARRIED

OTHER

Amendment Application No. 9630 � Texada Property Management � Horne Lake � Area H.

MOVED Director Hamilton, SECONDED Director Duncan, that the update report on Amendment Application No. 9630 � Texada Property Management Limited be received for information and that staff be directed to reinitiate the review of the application in consideration of the elements outlined in Schedule �1�.

CARRIED

CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

MOVED Director Garnish, SECONDED Director McGuffie, that the minutes of the regular Corporate & Community Services Committee meeting held October 5, 1999 be received for information.

CARRIED

COMMUNICATION/CORRESPONDENCE

Gary Korpan, City of Nanaimo, re Regional Transit Cost Sharing Allocation.

MOVED Director Garnish, SECONDED Director McNabb, that the correspondence received from Gary Korpan regarding the Regional Transit Cost Sharing Allocation be received for information.

CARRIED

FIRE PROTECTION

Mutual Aid Agreement between Regional District of Nanaimo & Cowichan Valley Regional District.

MOVED Director Garnish, SECONDED Director Luchtmeijer, that the Chairperson and Secretary be authorized to sign the Mutual Aid Agreement between the Regional District of Nanaimo and Cowichan Valley Regional District which establishes the terms and conditions for the provision of mutual aid services between the Extension Volunteer Fire Department and the North Oyster Volunteer Fire Department.

CARRIED

RECREATION & PARKS

Proposal to Acquire Highways Property on Harby Road in Electoral Area "D" for Parkland.

MOVED Director Garnish, SECONDED Director McGuffie, that an application be made to the Ministry of Transportation and Highways to acquire surplus land between Harby Road and the Island Highway for Electoral Area "D" community park land.

CARRIED

 

COMMISSION, ADVISORY & SELECT COMMITTEE

Gabriola Island Recreation Commission.

MOVED Director Garnish, SECONDED Director Loomis, that the minutes of the Gabriola Island Recreation Commission meetings held September 13, 1999 and September 23, 1999, be received for information.

CARRIED

Transit System Sub Committee.

MOVED Director Garnish, SECONDED Director McGuffie, that the minutes of the Transit System Sub Committee meeting held September 7, 1999, be received for information.

CARRIED

MOVED Director Garnish, SECONDED Director McGuffie, that the recommendation for the "Distribution of Complimentary and Reduced Fare Products Policy" be approved.

CARRIED

MOVED Director McGuffie, SECONDED Director Garnish, that the three Municipal Councils within the Regional District of Nanaimo be encouraged to provide letters of support for the initiative to provide for tax exempt status for prepaid transit fare products and forward letters to the Federal Government.

CARRIED

EXECUTIVE STANDING COMMITTEE

MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the Executive Committee meeting held September 21, 1999 be received for information.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that section 5(b)(vi) of Bylaw No. 1078.02 be amended to broaden the definition for mileage payments to include payment of mileage when attending meetings requested by Regional District staff.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that Schedule A be amended to provide for a payment of $60 per meeting for Directors attending a Public Hearing.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that Schedule B be amended to provide for per diem payments at the prevailing exchange rates when on Regional District business outside of Canada.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that the Regional District pay the annual cost for a dedicated fax line for Regional District Directors.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that the recommendations of the Board Remuneration Committee be approved as amended.

A recorded vote was requested.

The motion CARRIED with Directors Luchtmeijer, Duggan, Sherry, Loomis, Duncan, Rispin, McGuffie, McNabb, Korpan, Garnish and Hamilton voting in the affirmative and Directors Holme, Little, Savage, Stanhope and McLean voting in the negative.

MOVED Director Sherry, SECONDED Director Garnish, that "Regional District of Nanaimo Board and Committee Member Remuneration, Expenses and Benefits Amendment Bylaw No. 1078.02, 1999" be introduced and read three times.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that "Regional District of Nanaimo Board and Committee Member Remuneration, Expenses and Benefits Amendment Bylaw No. 1078.02, 1999" be adopted.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

District 69 Recreation Commission.

MOVED Director McGuffie, SECONDED Director McNabb, that the minutes of the In Camera District 69 Commission meeting held October 7, 1999 be received for information.

CARRIED

Director Stanhope left the meeting citing a possible conflict of interest with the next item.

MOVED Director Luchtmeijer, SECONDED Director Duggan:

That the Regional District Board contribute $13,148 to the Alexandra Clancy Youth Centre Society for the purposes of assisting in paying its outstanding operating liabilities as outlined in the staff report and advise the Society accordingly.

That the Council of the City of Parksville be advised on the Regional District�s contribution and be requested to consider contributing $3,165 to assist in paying the outstanding liabilities of the Society as outlined in the staff report.

A recorded vote was requested.

The motion CARRIED with Directors Holme, Luchtmeijer and Duggan voting in the affirmative and Directors Duncan and McLean voting in the negative.

Director Stanhope returned to the meeting.

ADMINISTRATOR�S REPORT

Y2000 Provisional Budget.

MOVED Director McNabb, SECONDED Director Sherry, that this report be received for information and be forwarded to the Standing Committees for review.

CARRIED

ADDENDUM

Proposed Changes to Library Assessment Formula.

MOVED Director McGuffie, SECONDED Director Savage,:

That the request from the Vancouver Island Regional Library Board to support an amendment to the cost sharing formula for property taxes be received for information.

That the change to the amendment formula not be supported.

CARRIED

BOARD INFORMATION

Director Little noted that some information had been missed from the Vancouver Island Regional Library Board News Brief on page 4 of the Board Information package.

Director Rispin also noted an omission in the memo with respect to the Board Room RFEI on page 7.

IN CAMERA

MOVED Director Luchtmeijer, SECONDED Director Sherry, that pursuant to Section 242.2(1)(h) of the Municipal Act the Board proceed to In Camera Meeting to consider items related to potential litigation.

CARRIED

ADJOURNMENT

MOVED Director Sherry, SECONDED Director Luchtmeijer, that this meeting terminate. CARRIED

TIME: 8:20 PM