REGIONAL DISTRICT OF NANAIMO
REGULAR BOARD MEETING
TUESDAY, JULY 11, 2000
(immediately following Hospital Board Meeting)
(Nanaimo City Council Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

2. DELEGATIONS

12 Mr. John Ruttan, Chairman, Port of Nanaimo, re overview of Port activities.

3. BOARD MINUTES

13-22 Minutes of the regular Board meeting held on Tuesday, June 13, 2000.

4. BUSINESS ARISING FROM THE MINUTES

    1. COMMUNICATIONS/CORRESPONDENCE

23-26 J. A. Ferrero, re Greens Landing Wharf.

6. UNFINISHED BUSINESS

7.(1) DEVELOPMENT SERVICES STANDING COMMITTEE

27-31 Minutes of the regular Development Services Committee meeting held June 20, 2000. (for information)

UNFINISHED BUSINESS

From the June 13, 2000 Board Meeting.

ALR Issue � Swayne & Station Roads � Area F. (All Directors - One Vote)

That both parties be encouraged to meet and come to an agreement over the flying of model aircraft on the property and that if mediation is requested, it will be provided by the District.

BUILDING INSPECTION

Section 700 Filings. (All Directors - One Vote)

That a notice be filed against the title of the property 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 12, District Lot 88, Nanoose District, Plan VIP65008, 809 Norwood Place, Electoral Area �G�, owned by P. and M. Kostadinov.

Unsightly Premises � 3030 Barnes Road � Area A. (All Directors - One Vote)

That should this matter not be rectified by July 11, 2000, pursuant to the "Unsightly Premises Regulatory Bylaw No. 1073, 1996", the Board directs the owners of the above property to remove from the premises those items as set out in the attached resolution within fourteen (14) days, or the work will be undertaken by the Regional District�s agents at the owners� cost.

PLANNING

AMENDMENT APPLICATIONS

Application No. 0005 � Ciammaichella/I~Land Professional Property Services � 6430 Phantom Road � Area D. (All Directors except EA ''B'' - One Vote)

    1. That Application ZA0005, submitted by I~Land Professional Property Services on behalf of Ciammaichella to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" by changing the zoning designation for the northerly 0.859 ha portion of the property legally described as Lot 8, Block 389, Wellington District, Plan VIP53736 and situated on Aulds Road, from Rural 1 (RU1), Subdivision District �D�, to Residential 1 (RS1), Subdivision District �K�, be approved, subject to the conditions outlined in Schedule 1.
    2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.262, 2000" be given 1st and 2nd reading and proceed to Public Hearing.
    3. That the Public Hearing be chaired by the Director for Electoral Area �D�, Director Haime, or her alternate.

DEVELOPMENT PERMIT APPLICATIONS

Application No. 0009, - Keith Brown on behalf of Gregson & Sons Contracting � 1930 Balsam Road � Area A. (All Directors except EA ''B'' - one vote)

    1. That the amendments to the Section 219 Covenant Document No. EM076479 as set out in Schedule No. 2 of the corresponding staff report, be approved.

2. That Development Permit No. 0009 be approved subject to the conditions outlined in Schedule No. 1, of the corresponding staff report and to the notification procedure subject to the Municipal Act with respect to the proposed variances to Bylaw No. 500.

Application No. 0012 � Brooks/Fern Road Consulting Ltd. � 3366 Rockhampton Road � Area E. (All Directors except EA ''B'' - One Vote)

That Development Permit Application No. 0012 to facilitate the development of a single family dwelling in the Watercourse Protection Development Permit Area, including variances to "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" consisting of varying the minimum setback requirements of the Residential 1 (RS1) zone from 8.0 metres to 5.99 metres, varying the minimum setback requirements from the top of bank of a watercourse from 9.0 metres to 0.0 metres, and varying the Residential 1 (RS1) zone maximum permitted height of a structure from 8.0 metres to 9.3 metres on the property legally described as Lot 20, District Lot 30, Nanoose Land District, Plan VIP57407 be approved, subject to the conditions outlined in Schedule �1� as amended to delete item four.

DEVELOPMENT VARIANCE PERMIT

Application No. 0007 � Fairwinds Development � Andover Road � Area E. (All Directors except EA ''B'' - One Vote)

Delegations wishing to speak to Application No. 0007.

That the request from David Scott, on behalf of 3170497 Canada Inc., commonly known as Fairwinds Development, to relax the minimum 10% perimeter frontage requirement for Proposed Lots 1, 15, 16, 17 and 18, and to vary the parcel averaging provisions pursuant to Section 7.4.4 of Bylaw No. 500, as shown on the Plan of Proposed Subdivision of Phase 7B and 7C of the Fairwinds Development, be approved subject to notification procedures pursuant to the Municipal Act.

FRONTAGE RELAXATION

Susan Gunnarson on behalf of the Committee of the Estate of Elsie Brockley � Sunnybeach Road and Island Highway � Area H. (All Directors except EA ''B'' - One Vote)

That the request from Susan Gunnarson, on behalf of the Committee of the Estate of Elsie Brockley, to relax the minimum 10% perimeter frontage requirement for the proposed Remainder of Lot 2, as shown on the Plan of Proposed Subdivision of the Lots 1 and 2, District Lot 33, Newcastle District, Plan 43098, be approved.

OTHER

Proposed Boundary Expansion � Town of Qualicum Beach � Area G. (All Directors - One Vote)

That the Town of Qualicum Beach be requested to hold a public information meeting(s) with area residents from Electoral Area �G�, and to submit recommendations on how potential concerns will be addressed, prior to the RDN considering comments on the proposed boundary expansion.

Spruston Enterprises Ltd. (All Directors - One Vote)

That the application to the Ministry of Transportation and Highways and BC Assets and Lands to obtain a transfer in title of occupation for a portion of the Remainder of Lot A, Plan 2323, District Lot 92, Newcastle Land District for the relocation of the motorsport facilities commonly known as the Cassidy Speedway be referred back to staff for sixty days to allow for further consultation and further study into additional possible sites, and that a report be submitted to the following Development Services Committee meeting.

That the RDN Board restate their support to the Provincial Land Reserve Commission for the Cowichan Valley Regional District�s proposed outdoor recreation park.

That the RDN Board request the CVRD�s consideration for allowing the user groups at the Cassidy Speedway to relocate to the CVRD�s outdoor recreation park, should the proposed use be approved by the Provincial Land Reserve Commission.

Enforcement Policy for Outstanding Building Permit Files Particularly on Gabriola Island. (All Directors - One Vote)

    1. That staff be directed to offer a three-month amnesty program on recovery of legal costs associated with bringing forward consent orders to resolve existing Building Bylaw contraventions in Electoral Area �B� only.
    2. That staff continue to creatively resolve illegal construction or unapproved building permit files by means of an offering to accept a legal consent order for compliance to the building code in effect at the time of commencement of construction in Electoral Area �B� only.
    3. That staff be further directed to discontinue processing of legal cost recovery on any files in the system that can currently be resolved with voluntary consent orders, with the exception of costs incurred to return to court on contempt applications in Electoral Area �B� only.
    4. That staff be directed to amend the building bylaw requirements for �moved on buildings� to permit a two year temporary dwelling while building a single family dwelling, and a reduction of the bond to $1,000.00 in Electoral Area �B� only.

7.(2) ENVIRONMENTAL SERVICES STANDING COMMITTEE

32-33 Minutes of the regular Environmental Services Committee meeting held June 27, 2000. (for information)

LIQUID WASTE/UTILITIES

Pump and Haul Bylaw Amendment � 151 Burne Road � Area H. (All Directors - One Vote)

That the application for inclusion into the pump and haul service be denied and that staff be directed to review the RDN Pump and Haul bylaws and report back to the Environmental Services Committee with recommendations on whether or not and how existing failed developments could be included.

Application for Inclusion in French Creek Water Local Service Area � Bennett Road - Area G. (All Directors - One Vote)

    1. That the following application for inclusion into the French Creek Water Local Service Area be approved:
    2. Lot/Parcel A, Plan DD67388W and 17074, District Lot 88, Nanoose Land District.

    3. That servicing of the subject property be via a 200 mm diameter watermain from Sunrise Drive, south along Bennett Road to the south property line of the subject property and paid for by the subject parcel.
    4. That the 2000 Capital improvement fees of $407/lot for reservoir capacity expansion and $207/lot for pumphouse improvements be a condition of inclusion into the FCSLSA.
    5. That "French Creek Water Local Service Area Bylaw No. 874.04, 2000" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

Application for Amendment to French Creek Sewer Local Service Area �Area G. (All Directors - One Vote)

    1. That Lot B, Plan 20677, DL 29, Nanoose Land District be included into the French Creek Sewer Local Service Area.
    2. That Lot A, Plan VIP67310, DL 78, Nanoose Land District (Arrowview School), be removed from the French Creek Sewer Local Service Area.
    3. That "Northern Community Sewer Local Service Area Amendment Bylaw No. 889.14, 2000" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
    4. That "French Creek Sewer Local Service Area Bylaw No. 813.24, 2000" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

7.(3) CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

34-40 Minutes of the regular Corporate and Community Services Committee meeting held July 4, 2000. (for information)

UNFINISHED BUSINESS

From the June 13, 2000 Board Meeting.

Board Room Building/Addition Committee. (All Directors - One Vote)

That:

Whereas there are significant office and meeting space limitations which exist at the current Hammond Bay Road location; and

Whereas the other alternative available to the Board in establishing boardroom locations in Parksville and/or Downtown Nanaimo have high operating and capital costs and other incidental expenses; and

Whereas the Board has made a commitment in its 2000 � 2002 Strategic Plan to ensure public accountability through improving the awareness of its residents in the role, functions and identity of the RDN;

Therefore, be it resolved that the Board approve the contribution of $315,000 from the building Reserve Fund to proceed with the construction of a joint use boardroom at the RDN Administration Office and use this facility exclusively for board meeting; and utilize the balance of the reserve fund for the construction of administrative offices at this location and pursue partnerships to offset the construction costs.

That any unspent funds from the Building Reserve Fund left over after the proposed construction be returned proportionately to the participating municipalities and electoral areas.

 

Community Use Meeting Facilities Proposal. (All Directors - One Vote)

That:

    1. That the Board endorse the "Community Use Meeting Facilities" proposal as presented;

    1. That correspondence be sent to the City of Parksville advising that the Regional District of Nanaimo wishes to rent boardroom meeting space at the Parksville Civic & Technology Centre for its regular Committee & Board meetings for a total of four years, to be rotated every third year beginning in January/February 2001;
    2. That the City of Parksville be further advised that the Regional District of Nanaimo is prepared to pay, in advance, a total rental cost of $40,000 for use of the facility over this period and that an additional $10,000 will be provided to the City of Parksville to be put towards the acquisition of equipment and furnishings necessary to accommodate the additional seating requirements of the Board;
    3. That correspondence be sent to the City of Nanaimo advising that the Regional District of Nanaimo supports the development of a community use meeting facility in downtown Nanaimo and that it commits $200,000 to the development of this facility utilizing funds from the Regional District�s Building Reserve Fund;
    4. That staff be directed to prepare the necessary bylaws authorizing the removal of funds from the Building Reserve Fund to proceed with: (a) the construction of the RDN Administration Office addition; (b) the payment of $50,000 to the City of Parksville for use of its new meeting facilities; and (c) the commitment of $200,000 to partner with the City of Nanaimo for the purpose of developing a community use meeting facility in downtown Nanaimo.

6. That staff be directed to prepare a report for the Board�s consideration outlining the options and costs involved in purchasing "RDN information kiosks" for placement in locations throughout the Regional District to enhance the RDN�s presence and identity within the region.

Wide Area Network � Request for Proposals. (All Directors - Weighted Vote)

That the Regional District of Nanaimo accept the proposal from Telus to implement a wide area network infrastructure connecting the District head office and the District 69 facilities (Ravensong Pool/Parksville Arena) for a term of 5 years at a cost of $52,873.20 per year.

ADMINISTRATION

Crime Prevention. (All Directors - One Vote)

That once Bill 14 has been enacted, staff bring forward a report with a proposed establishing bylaw for the Board�s consideration for establishing a community policing/crime prevention function which could provide an ongoing source of funding for crime prevention programs, such as Victims� Assistance, Restorative Justice, Citizens on Patrol, Crimestoppers and Community Policing.

Northwest Bay Road Intersections Streetlighting Local Service Area Bylaw 1211. (All Directors - One Vote)

That the Board abandon "Northwest Bay Road Intersections Streetlighting Local Service Area Establishment Bylaw No. 1211, 2000" as a result of the counter petition process.

FIRE PROTECTION

Request for Cost Sharing for Rescue Vehicle from Deep Bay Improvement District - UBCM Resolution. (All Directors - One Vote)

RESOLUTION REGARDING RESCUE SERVICES ON RURAL HIGHWAYS

WHEREAS the provision of emergency rescue and fire services on roadways outside of local government boundaries is a Provincial responsibility;

AND WHEREAS, although many local governments in British Columbia provide emergency rescue assistance through the First Responder program to roads and highways within a reasonable distance of their boundaries, there is no compensation from the Province for the cost of equipment purchased to provide these services;

THEREFORE BE IT RESOLVED that where volunteer fire departments are requested to provide emergency services outside of fire protection boundaries that the Provincial Government establish a means whereby local governments will be fully compensated for services and equipment necessary to provide such response.

Request for Cost Sharing for Rescue Vehicle from Deep Bay Improvement District. (All Directors - One Vote)

That the request from the Deep Bay Improvement District to fund rescue equipment for its volunteer fire department be denied.

Repeal of Nanoose Open Burning Regulatory Bylaw. (All Directors - One Vote)

That the "Nanoose Fire Protection Local Service Area Outdoor Burning Repeal Bylaw No. 1222, 2000" be introduced, read three times and advertised in accordance with Section 839 of the Municipal Act.

RECREATION & PARKS

Proposal to Gain Access Over Three Beach Access Road Allowances on Gabriola Island. (All Directors - One Vote)

That the Regional District of Nanaimo apply to the Ministry of Transportation and Highways for a Permit to Access Water at the three specified locations in Electoral Area �B�.

Regional Park Development Cost Charges Program and Bylaw. (Electoral Areas A,B,C,D,E,F,G & H - Weighted Vote)

    1. That the Development Cost Charges Program for Regional Parks be approved.

2. That "Regional District of Nanaimo Regional Parks Development Cost Charge Bylaw No. 1205, 2000" be given first three readings and forwarded to the Inspector of Municipalities for approval.

Green�s Landing Wharf, Gabriola Island. (All Directors - One Vote)

That staff be directed to accept Public Works Canada�s offer as outlined with an $11,000 payment, in lieu of demolition, to the Regional District of Nanaimo, and, further, that this acceptance is subject to Public Works Canada entering into an agreement that adequately addresses wharf management issues.

Cedar School and Community Enhancement Society Agreement. (All Directors - Weighted Vote)

That the Regional District enter into an agreement and provide $38,000 in Electoral Area �A� grant in aid funds to the Cedar School and Community Enhancement Society to upgrade and manage the old Cedar school for community purposes.

SPECIAL EVENT/SPECIAL OCCASION APPLICATIONS

Status Reports. (All Directors - One Vote)

That the Special Event/Special Occasion Status Report be received for information.

Special Occasion License Application.

Lantzville Mine Town Days � July 15, 2000 � Area D. (All Directors - One Vote)

That the Board approve the Lantzville Volunteer Fire Department Social Committee�s request for the issuance of a one (1) day special occasion license to operate a beer garden at Mine Town Days on July 15, 2000.

COMMISSION, ADVISORY & SELECT COMMITTEE

District 69 Recreation Commission.

(All Directors - One Vote)

That the minutes of the District 69 Recreation Commission meeting held June 15, 2000 be received for information.

(Parksville, Qualicum Beach, Electoral Areas E, F, G, H - Weighted Vote)

That the four electoral area grants be released in the amounts as reported in the minutes of the March 17, 2000 meeting, after an application with an explanation of the intended use of 2000 has been approved by the Grants-in-Aid Committee and that the additional $625 for Electoral Area "F" for 2000 be maintained and released in a similar manner pending the outcome of additional applications received from interested parties in Electoral Area "F".

Gabriola Island Parks and Recreation Commission. (All Directors - One Vote)

That the minutes of the Gabriola Island Parks and Recreation Commission meeting held June 19, 2000 be received for information.

That the motion for the Community and Corporate Services Committee to endorse a request to the Regional Board from the G.I.P.R.C. to proceed with application to the Ministry of Transportation and Highways for permits for "access to water: and/or "permits to construct" relating to three specific beach accesses located on Gabriola Island be deleted due to redundancy.

Area A Parks, Recreation and Greenspaces Advisory Committee. (All Directors - One Vote)

That the minutes of the Area A Parks, recreation and Greenspaces Advisory Committee meeting held June 22, 2000 be received for information.

Area G Parks, Recreation and Greenspaces Advisory Committee. (All Directors - One Vote)

That the minutes of the Area G Parks, recreation and Greenspaces Advisory Committee meeting held June 14, 2000 be received for information.

BUSINESS ARISING FROM DELEGATIONS

Little Qualicum River Acquisition Proposal. (All Directors - One Vote)

That staff be requested to prepare a report on including the forested floodplain on the west of Little Qualicum River and the Little Qualicum River steep ravine gully below the railway trestle on the east in the RDN Parks Plan.

Ecologically Sensitive Areas Correspondence. (All Directors - One Vote)

That staff be requested to write to Environment Canada and to the Ministry of Environment to ask them how they are prepared to protect this ecologically sensitive area.

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)

41-43 Minutes of the Aggregates Study Select Committee meeting held June 27, 2000. (for information)

Vancouver Island Highway Implementation Agreement - Highway Liaison Committee. (All Directors - One Vote)

44-46 Minutes of the Highway Liaison Committee meeting held June 29, 2000. (for information)

Intergovernmental Advisory Committee. (All Directors - One Vote)

47-50 Minutes of the Intergovernmental Advisory Committee meeting held June 29, 2000. (for information)

Large Land Holdings Study Select Committee. (All Directors - One Vote)

51-52 Minutes of the Large Land Holdings Study Committee meeting held June 27, 2000. (for information)

8. ADMINISTRATOR�S REPORT

52-55 Solid Waste Management - Regional Landfill 2000 Cell Closure - Award Contract. (All Directors - Weighted 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

    1. IN CAMERA

That pursuant to Section 242.2(1)(i) of the Municipal Act the Board proceed to an In Camera meeting to consider a personnel issue.