REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, MAY 9, 2000, AT 7:34 PM IN THE
NANAIMO CITY COUNCIL CHAMBERS

Present:

Director L. McNabb Chairperson
Director L. Elliott Electoral Area A
Director B. Sperling Electoral Area B
Director E. Hamilton Electoral Area C
Director D. Haime Electoral Area D
Alternate
Director J. English Electoral Area E
Director J. McLean Electoral Area F
Director J. Stanhope Electoral Area G
Director D. Quittenton Electoral Area H
Director J. Macdonald City of Parksville
Director T. Westbroek Town of Qualicum Beach
Director L. Sherry City of Nanaimo
Alternate
Director R. Cantelon City of Nanaimo
Director G. Korpan City of Nanaimo
Director T. Krall City of Nanaimo
Director B. Holdom 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

Joe Pullen, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

Mr. Pullen circulated information outlining the history of the legal use of the Spruston property.

Wayne Diedrichsen, SanWay Investments Inc., re Application for Inclusion in the Craig Bay Sewer System.

Mr. Diedrichsen was not in attendance.

LATE DELEGATIONS

MOVED Director Krall, SECONDED Director Sherry, that John Mansell be permitted to address the Board with respect to the Aggregate Study.

CARRIED

MOVED Director McLean, SECONDED Director Hamilton, that Colin Springford be permitted to address the Board with respect to the Aggregate Study.

CARRIED

MOVED Director Macdonald, SECONDED Director Korpan, that John Mansell be permitted to address the Board with respect to the Munro ALR Exclusion Application No. 9916.

CARRIED

John Mansell, re Aggregate Study.

Mr. Mansell spoke of the public consultation process conducted as part of the Aggregate Study and stated that in his opinion the Board should deal with the issue now rather than referring the Study back to the Select Committee.

Colin Springford, re Aggregate Study.

Mr. Springford reinforced the need to send the Aggregate Study back to the Select Committee.

John Mansell, re ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

Mr. Mansell urged the Board to withdraw their support of the exclusion application on the Munro property if the owner does not comply with the condition to remove the signs from the property.

MOVED Director Sherry, SECONDED Director McLean, that the delegations be received.

CARRIED

BOARD MINUTES

MOVED Director Korpan, SECONDED Director Hamilton, that the minutes of the regular Board meeting held on Tuesday, April 11, 2000 and the Special Board meetings held on Tuesday, April 25, 2000 and May 2, 2000, be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Mrs. Lynn Green, re Resignation from Electoral Area �A� Parks, Recreation and Greenspace Advisory Committee.

MOVED Director Korpan, SECONDED Director Stanhope, that the correspondence received from Lynn Green with respect to her resignation from the Electoral Area �A� Parks, Recreation and Greenspace Advisory Committee, be received.

CARRIED

UNFINISHED BUSINESS

From the Board meeting held April 11, 2000.

Bylaw No. 1212 � Illegal Structure Removal � 561 Spruce Avenue � Douhaibi � Area B.

MOVED Director Sherry, SECONDED Director Stanhope, that "Regional District of Nanaimo Structural Removal Bylaw No. 1212, 2000" having received three readings, be adopted.

A recorded vote was requested.

MOVED Director Holdom, SECONDED Director Haime, that the foregoing motion be tabled to hear concerns from Director Sperling.

CARRIED

MOVED Director Sperling, SECONDED Director Quittenton, that a 3 year moratorium be placed on the enforcement of building inspection infractions and a freeze be placed on proceeding on any outstanding legal actions on Gabriola Island to allow for the education of Gabriolans on building inspection and further, to not pursue recovery costs from building infractions through property taxes.

DEFEATED

MOVED Director Holdom, SECONDED Director Stanhope, that the foregoing motion be referred to the Development Services Committee for discussion.

CARRIED

MOVED Director Korpan, SECONDED Director Stanhope, that the motion to adopt Bylaw No. 1212 be lifted from the table.

CARRIED

The question was called on the motion to adopt Bylaw No. 1212.

The motion was DEFEATED with Directors McNabb, Hamilton, Sherry, Macdonald, English, Krall, Korpan and Cantelon voting in the affirmative and Directors Quittenton, Westbroek, Haime, Sperling, Holdom, Elliott, McLean and Stanhope voting in the negative.

For Adoption.

Bylaw No. 806.03.

MOVED Director Quittenton, SECONDED Director Hamilton, that "Electoral Area �H� Community Parks Local Service Bylaw Amendment Bylaw No. 806.03, 2000" be adopted.

CARRIED

Bylaw No. 992.02.

MOVED Director Haime, SECONDED Director Sherry, that "Wellington Fire and Streetlighting Local Service Area Requisition Limit Amendment Bylaw No. 992.02, 2000" be adopted.

CARRIED

Bylaw No. 1216.

MOVED Director Sherry, SECONDED Director Krall, that "Municipal Benefitting Area Bylaw No. 1216, 2000" be adopted.

CARRIED

DEVELOPMENT SERVICES STANDING COMMITTEE

MOVED Director Hamilton, SECONDED Director Cantelon, that the minutes of the regular Development Services Committee meeting held April 18, 2000 be received for information.

CARRIED

CORRESPONDENCE/COMMUNICATION

Dan Prince, re Section 700 Filing � 2005 Rena Road � Area E.

James Gilding, re Section 700 Filing � 850 View Road � Area E.

Wendy and Stephen Potter, re Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.

Lynn Reeve, re Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.

Georgina Garrow, re Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.

A. Van Kerkoerle, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

P. Van Kerkoerle, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

Lauren, Alexandra, Ian and Leslie Krull, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

MOVED Director Hamilton, SECONDED Director McLean, that the correspondence be received for information.

CARRIED

UNFINISHED BUSINESS

From the Board Meeting held April 11, 2000.

Application No. ZA9906 � Spruston Enterprises/MacMillan Bloedel Ltd. � Spruston Road � Area C.

MOVED Director Hamilton, SECONDED Director Sherry, that Application No. 9906 by Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. to amend the "Regional District of Nanaimo Bylaw No. 500, 1987" by changing the zoning designation for the properties legally described on Schedule �3� from Rural and Resource Management zoning to a new Spruston Comprehensive Development Zone created specifically for the subject properties, be denied.

A recorded vote was requested.

The motion CARRIED with Directors Hamilton, Quittenton, Westbroek, Sherry, Haime, Macdonald, Holdom, English, Elliott, Krall, Korpan, Cantelon and Stanhope voting in the affirmative and Directors McNabb and McLean voting in the negative.

MOVED Director Hamilton, SECONDED Director Korpan, that the Board reconfirm its position with respect to direction to staff in the continuation of assistance to Spruston Enterprises Ltd. in trying to find an alternative site and to report back to the June Development Services Committee.

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 Sherry, that a notice be filed against the titles of the properties listed, pursuant to Section 700 of the Municipal Act and that is the deficiencies are not rectified within ninety (90) days, legal action will be pursued:

  1. Lot 9, Section 16, Range 2, Cedar District, Plan 18310, 2331 Holden Corso Road, Electoral Area �A�, owned by K. and C. Campbell;
  2. Lot 3, District Lot 102, Nanoose District, Plan VIS3905, 1900 Delanice Way, Electoral Area �E�, owned by T.P. Davidson.
  3. Lot 15, Block 668, Nanoose District, Plan 33913, 2005 Rena Road, Electoral Area �E�, owned by D. and T. Prince;
  4. Lot 2, Block 19, District Lot 78, Nanoose District, Plan 1694, 850 View Road, Electoral Area �E�, owned by J. Guildings;
  5. Lot 1, District Lots 42 & 78, Sections 3 & 4, Plan 11091, Newcastle District, except Plan 38048, 42931 and of DL 144 Nanoose Plan 11091, 1025 Qualicum Road Electoral Area �G�, owned by 528492 BC Ltd.;
  6. Lot 23, District Lot 80, Newcastle District, Plan 27299, 1512 King Road, Electoral Area �G�, owned by M. Janzen;
  7. Lot 9, District Lot 117, Nanoose District, Plan 10367, 3085 Hillview Road, Electoral Area �G�, owned by J. and J. Conway.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Amendment Application No. ZA0002 � Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.

MOVED Director Hamilton, SECONDED Director Macdonald, that Amendment Application No. ZA0002 by Weber/Qualicum Pet Care to rezone the property at Lot 5, D.L. 80, Newcastle District, Plan 1969 from Rural 1 (RU1) to Rural 2 (RU2) be denied.

CARRIED

The Board was advised that this application has been withdrawn.

DEVELOPMENT VARIANCE PERMIT

Application No. 0003 � Aird � 2892 Dolphin Drive � Area E.

MOVED Director Hamilton, SECONDED Director Westbroek, that Development Variance Permit No. 0003 to vary the maximum accessory building height requirement of the Residential 1 zone from 6.0 metres to 7.31 metres in order to permit the construction of an accessory building on the property legally described as Lot B, District Lot 137, Nanoose District, Plan VIP57840, be approved subject to the notification requirements pursuant to the Municipal Act.

CARRIED

OTHER

Development Permit Fee Structure Amendments � Bylaw No. 500.260.

MOVED Director Hamilton, SECONDED Director Sherry, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.260, 2000" be granted 1st and 2nd reading.

CARRIED

MOVED Director Hamilton, SECONDED Director Sherry, that the requirements for a public hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.260, 2000" be waived, pursuant to Section 890 of the Municipal Act.

CARRIED

MOVED Director Hamilton, SECONDED Director Krall, that staff be directed to proceed with public notification in lieu of a public hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.260, 2000" pursuant to Section 893 of the Municipal Act.

CARRIED

ENVIRONMENTAL SERVICES STANDING COMMITTEE

MOVED Director Sherry, SECONDED Director Macdonald, that the minutes of the Environmental Services Committee meeting held April 25, 2000, as amended, be received for information.

CARRIED

UTILITIES

Nanoose Bulk Water Supply Main, Phase 1 � Tenders for Supply and Installation of Bulk Waterline.

MOVED Director Sherry, SECONDED Director Krall, that the "Nanoose Bulk Water Supply Main, Phase 1" contract for the supply and installation of the Nanoose Peninsula regional bulk waterline from the West Bay Estates water system to Claudet Road and along Northwest Bay Road be awarded to Fournier Excavating Ltd. for the tendered price of $493,567.31.

CARRIED

SOLID WASTE

Regional Landfill Surface and Groundwater Monitoring Program - Contract.

MOVED Director Sherry, SECONDED Director Krall, that the 2000 through 2002 "Regional Landfill Surface and Groundwater Monitoring Program" contract be awarded to Morrow Environmental for the proposed price of $166,844.

CARRIED

CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

MOVED Director Stanhope, SECONDED Director Hamilton, that the minutes of the regular Corporate & Community Services Committee meeting held May 2, 2000 be received for information.

CARRIED

COMMUNICATION/CORRESPONDENCE

Julia Macdonald, Mayor, City of Parksville, re the Parksville Community Economic Development Strategy.

MOVED Director Stanhope, SECONDED Director Hamilton, that the correspondence from Julia Macdonald, Mayor, City of Parksville, with respect to the Parksville Community Economic Development Strategy, be received.

CARRIED

UBCM, re 2000 Resolution Process.

MOVED Director Stanhope, SECONDED Director Hamilton, that the correspondence from the Union of British Columbia Municipalities with respect to the 2000 resolution process, be received.

CARRIED

UNFINISHED BUSINESS

Aggregate Study � Implementation � Soil Removal and Deposit Bylaw Establishing Bylaw and Agreement.

MOVED Director Stanhope, SECONDED Director Hamilton, that the Soil Removal and Deposit Bylaw Establishing Bylaw and Agreement be referred back to the Aggregate Study Select Committee for further review.

CARRIED

MOVED Director Stanhope, SECONDED Director Sherry, that Directors Savage and Luchtmeijer be replaced with Directors Haime and Westbroek on the Aggregate Study Select Committee membership list.

CARRIED

ADMINISTRATION

Application for Temporary Change to a Liquor Licence � Cassidy Inn � Area A.

MOVED Director Stanhope, SECONDED Director Elliott, that the Cassidy Inn�s request for a temporary change to their Liquor Licence to provide for an extended patio for their Show �n Shine event scheduled for June 25, 2000, be approved.

CARRIED

1999 Public Bodies Information Report.

MOVED Director Stanhope, SECONDED Director Westbroek, that the 1999 Public Bodies Financial Information on supplier payments and employee remuneration be received for information.

CARRIED

Regional District of Nanaimo Officers Appointment and Delegation Bylaw No. 1204.

MOVED Director Stanhope, SECONDED Director Korpan, that all agreements requiring formal Board resolution, as set out in the Municipal Act, shall continue to be forwarded to the Board for approval and authorized by the Chairperson and General Manager of Corporate Services. These agreements shall include, but are not limited to, the following:

CARRIED

MOVED Director Stanhope, SECONDED Director Macdonald, that the "Regional District of Nanaimo Officers Appointment and Delegation Bylaw No. 1204, 2000" be introduced and read three times.

CARRIED

MOVED Director Stanhope, SECONDED Director Sherry, that the "Regional District of Nanaimo Officers Appointment and Delegation Bylaw No. 1204, 2000" be adopted.

A recorded vote was requested.

The motion CARRIED with Directors McNabb, Hamilton, Quittenton, Westbroek, Sherry, Macdonald, Holdom, English, Krall, Korpan, Cantelon and Stanhope voting in the affirmative and Directors Haime, Sperling, Elliott and McLean voting in the negative.

 

FINANCE

First Quarter Operating Results for 2000.

MOVED Director Stanhope, SECONDED Director Krall, that the first quarter summary report of financial results from operations to March 31st, 2000 be received for information.

CARRIED

FIRE PROTECTION

Coombs-Hilliers Fire Protection Reserve Fund Expenditure Bylaw No. 1215.

MOVED Director Stanhope, SECONDED Director McLean, that "Coombs-Hilliers Fire Protection Reserve Fund Expenditure Bylaw No. 1215, 2000" be introduced for three readings.

CARRIED

MOVED Director Stanhope, SECONDED Director McLean, that "Coombs-Hilliers Fire Protection Reserve Fund Expenditure Bylaw No. 1215, 2000" having received three readings be adopted.

CARRIED

Fire Services Agreement with Coombs-Hilliers Fire Department.

MOVED Director Stanhope, SECONDED Director McLean, that the Chairperson and General Manager, Corporate Services, be authorized to execute a service agreement with the Coombs-Hilliers Volunteer Fire Department for the five year period ending December 31, 2004.

CARRIED

REGIONAL GROWTH MANAGEMENT

Growth Management Plan Monitoring Project Terms of Reference.

MOVED Director Stanhope, SECONDED Director Holdom, that the Terms of Reference for the Growth Management Plan Monitoring Project be approved.

CARRIED

MOVED Director Stanhope, SECONDED Director Sherry, that the Regional District of Nanaimo submit a planning grant application for $25,000 for the Growth Management Plan Monitoring Project to the Ministry of Municipal Affairs.

CARRIED

Performance Review Committee Terms of Reference.

MOVED Director Stanhope, SECONDED Director Westbroek, that the Terms of Reference for the Performance Review Committee be amended to specify that the Committee include eight electoral area residents and eight member municipality residents and the term of membership is two years.

CARRIED

MOVED Director McLean, SECONDED Director Holdom, that the positions be advertised in the local newspapers.

CARRIED

City of Nanaimo Referral � Official Community Plan Amendments.

MOVED Director Stanhope, SECONDED Director Sherry, that the Regional District indicate to the City of Nanaimo that it has no comments on the proposed amendments to the official community plan.

CARRIED

SPECIAL EVENT/SPECIAL OCCASION APPLICATIONS

Special Occasion License Application.

Errington War Memorial Hall Association (Hi Neighbour Day, August 9, 2000) � Area F.

MOVED Director Stanhope, SECONDED Director McLean, 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 19, 2000.

CARRIED

TRANSIT

Community Shuttle Service Ltd. � HandyDART Evening and Statutory Holiday Service Proposal.

MOVED Director Stanhope, SECONDED Director Quittenton, that the report regarding Community Shuttle Services Evening and Statutory Holiday Service proposal be received for information and that the department continue with existing service levels and consideration of future expansions as outlined in the Transit Business Plan.

CARRIED

COMMISSION, ADVISORY & SELECT COMMITTEE

District 69 Recreation Commission.

MOVED Director Stanhope, SECONDED Director McLean, that the minutes of the District 69 Recreation Commission meeting held April 13, 2000, be received for information.

CARRIED

MOVED Director Stanhope, SECONDED Director McLean, that grants be approved to the following organizations:
Mid Island Wheelchair Sport Club $ 400
Arrowsmith Mountain Bike Club $ 300
Parksville Beach Festival $ 300
Parksville Streamkeepers Society $ 300

CARRIED

Area G Parks, Recreation and Greenspaces Advisory Committee.

MOVED Director Stanhope, SECONDED Director Sherry, that the minutes of the Area �G� Parks, Recreation and Greenspaces Advisory Committee meeting held March 30, 2000 be received for information.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Liquid Waste Management Plan Monitoring Committee.

MOVED Director Hamilton, SECONDED Director Sherry, that Charles Gahr (Environment) and George Legg (Residents Association) be appointed to the Liquid Waste Management Plan Monitoring Committee.

CARRIED

Electoral Area �G� Parks, Recreation & Greenspaces Advisory Committee.

MOVED Director Hamilton, SECONDED Director Haime, that Craig Young (North Qualicum/Dashwood Area) be appointed to the Electoral Area �G� Parks, Recreation & Greenspaces Advisory Committee.

CARRIED

ADMINISTRATOR�S REPORT

Treaty Negotiations � Governance Issues.

MOVED Director Krall, SECONDED Director Stanhope, that the Board approve the "Position on Treaty Negotiations � Governance Issues".

CARRIED

Special Event � Nanaimo Motocross Association (Canadian National Motocross Championship, June 17 and 18, 2000) � Area C.

MOVED Director Hamilton, SECONDED Director Westbroek, that a Special Event Permit be issued to the Nanaimo Motocross Association for the Canadian National Motocross Championships, to be held June 17 and 18, 2000 at the Wastelands, Electoral Area �C�, subject to RCMP and Ministry of Health approval.

CARRIED

Special Occasion Application � Nanaimo Motocross Association (Canadian National Motocross Championship, June 17 and 18, 2000) � Area C.

MOVED Director Hamilton, SECONDED Director Stanhope, 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 Championships on June 17 and 18, 2000.

CARRIED

ADDENDUM

Special Event Permit Application � Island Region Rovers (Camp Skeeter 2000, May 20 � 21, 2000) � Area D.

MOVED Director Haime, SECONDED Director McLean, that a Special Event Permit be issued to the Island Region Rovers for Camp Skeeter, to be held May 20, 21 and 22, 2000 at Lot 1, Doumont Road, Nanaimo, subject to RCMP and Ministry of Health approval.

CARRIED

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

MOVED Director Holdom, SECONDED Director English, that a letter be written to Mr. Munro indicating that the Board will withdraw their support of the exclusion from the ALR if the applicant does not comply with the recommendation from the Board to remove the signs from the property, and that a copy of this correspondence be sent to the Agricultural Land Commission.

CARRIED

ADJOURNMENT

MOVED Director Sherry, SECONDED Director Stanhope, that this meeting terminate to allow for an in camera meeting.

CARRIED

IN CAMERA

MOVED Director Sherry, SECONDED Director Stanhope, that pursuant to Section 242.2(1)(e) of the Municipal Act the Board proceed to an In Camera meeting to consider a land issue.

CARRIED

TIME: 8:45 PM