Present:
Director G. Holme 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
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
Director D. Rispin City of Nanaimo
Director G. Korpan City of Nanaimo
Alternate
Director S. Lance City of Nanaimo
Director L. McNabb City of Nanaimo
Alternate
Director R. Cantelon City of Nanaimo
Also in Attendance:
B. Lapham Gen. Mgr. of Development Services
M. Pearse Mgr. of Administrative Services
J. Finnie Gen. Mgr. of Environmental Services
N. Tonn Recording Secretary
DELEGATIONS
Al Slaughter, re Leased Parkland � Madrona Point.
Mr. Slaughter provided a short history of the dedicated road access at Madrona Point and stressed the lack of parking in the immediate area. It was noted that there is parking available a short distance from the Madrona Point access. Mr. Slaughter urged the Board to leave the area as a public access.
Mike Gray, re Leased Parkland � Madrona Point.
Mr. Gray reflected on the popularity of Madrona Point since it has been promoted as a marine park and the problems with garbage, fires, damage to surrounding flora and fauna which seemed to have resulted from the popularity. A residents� meeting was held with 75 people in attendance and a survey was taken to ascertain the main concerns of the residents. Mr. Gray urged the Board, on behalf of the area residents, that the lease currently in place with the Ministry of Highways not be renewed and that the designation of the area return to road access only.
Reg Johanson, re Leased Parkland � Madrona Point.
Mr. Johanson reiterated the concerns of the previous delegations and again urged the Board to leave the area as greenspace as there is no infrastructure in place to support a marine park. It was noted that no parking signs placed on the road access and a sign noting the location of alternate parking may alleviate some of the traffic difficulties in the area.
LATE DELEGATION
MOVED Director McLean, SECONDED Director Stanhope, that the following delegation be permitted to address the Board.
CARRIED
Helen Sims, Fern Road Consulting Ltd., re Madrona Point.
Ms. Sims spoke on behalf of a group of local divers and stressed the need to protect the marine life from commercial harvesters. Ms. Sims also noted the difficulty in transporting heavy diving equipment by foot from parking areas located any distance from the dive site. The Board is urged to approve recommendation no. 1 forwarded to the Board from the July 18th Development Services meeting.
BOARD MINUTES
MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the regular Board meeting held on Tuesday, July 11, 2000, be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Shirley Hine, City of Parksville, re Regional District Boardroom Facilities.
MOVED Director Stanhope, SECONDED Director McLean, that the correspondence from Shirley Hine, City of Parksville with respect to the Community Use Meeting Facilities proposal, be received.
CARRIED
MOVED Director Rispin, SECONDED Director McNabb, that the correspondence received from the City of Parksville, be acted upon.
CARRIED
The Chairperson indicated that this issue has been referred to the new Board Room Building Addition Committee.
Cathy McGregor, Minister, Ministry of Municipal Affairs, re Whiskey Creek Water Utility Asset Condition Study.
MOVED Director Stanhope, SECONDED Director McLean, that the correspondence from Cathy McGregor, Ministry of Municipal Affairs with respect to approval of an infrastructure planning grant for the Whiskey Creek Water Utility Asset Condition Study, be received.
CARRIED
UNFINISHED BUSINESS
For Adoption.
Bylaw No. 813.23.
MOVED Director Sherry, SECONDED Director Rispin, that "French Creek Sewerage Facilities Local Service Area Amendment Bylaw No. 813.23, 2000" be adopted.
CARRIED
Bylaw No. 889.13.
MOVED Director Stanhope, SECONDED Director Sherry, that "Regional District of Nanaimo Northern Community Sewer Local Service Area Amendment Bylaw No. 889.13, 2000" be adopted.
CARRIED
Bylaw No. 1222.
MOVED Director Stanhope, SECONDED Director Sherry, that "Nanoose Fire Protection Local Service Area Outdoor Burning Repeal Bylaw No. 1222, 2000" be adopted.
CARRIED
LATE ITEMS
For Adoption.
Bylaw No. 1219.
MOVED Director Rispin, SECONDED Director McNabb, that "Regional District of Nanaimo (City of Nanaimo) Security Issuing Bylaw No. 1219, 2000" be adopted.
CARIRED
Bylaw No. 1220.
MOVED Director McNabb, SECONDED Director Rispin, that "Regional District of Nanaimo (City of Nanaimo) Security Issuing Bylaw No. 1220, 2000" be adopted.
CARRIED
DEVELOPMENT SERVICES STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Korpan, that the minutes of the regular Development Services Committee meeting held July 18, 2000, be received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
R.D. McBride and M.J. Gray, re Leased Parkland � Madrona Point.
MOVED Director Hamilton, SECONDED Director Korpan, that the correspondence from R.D. McBride and M.J. Gray regarding leased parkland at Madrona Point, be received for information.
CARRIED
UBCM Newspaper Article � June 2000.
MOVED Director Hamilton, SECONDED Director Korpan, that the UBCM newspaper article regarding Building Inspection liability, be received for information.
CARRIED
UNFINISHED BUSINESS
Madrona Point Marine Park � Area E.
MOVED Director Hamilton, SECONDED Director Westbroek, that the RDN provide a letter of support to relevant senior government agencies on the designation of Marine Protected Areas and further, request that these agencies initiate inventory work to identify areas or species requiring a higher level of protection within the jurisdictional boundaries of the RDN.
MOVED Director Korpan, SECONDED Director Stanhope, that the motion be amended to add "with the Madrona Point Marine Park designated as a priority area to be identified within the next six months".
CARRIED
The question was called on the main motion as amended.
The motion CARRIED.
MOVED Director Hamilton, SECONDED Director Stanhope, that the Board reconsider the motion of April 11, 2000 regarding the application of a foreshore and water lot lease for the tip of Madrona Point in Nanoose Bay.
CARRIED
MOVED Director Hamilton, SECONDED Director Stanhope, that the RDN Board rescind the motion of April 11, 2000 "that staff be directed to apply for a foreshore and water lot lease for the portion of the bed of the Strait of Georgia fronting onto District Lot 68 at the tip of Madrona Point in Nanoose Bay".
CARRIED
Director Holme noted that he will be recommending that the Board not renew the existing lease at the point of Madrona Drive with the Ministry of Transportation and Highways when it expires.
Land Use � Seasonal Use of Residential Property � Brooks � 6621 West Island Highway � Area H � from June 13, 2000 Board Meeting.
MOVED Director Hamilton, SECONDED Director Quittenton, that the staff report be received and Ms. Solera be informed that there are no known bylaw infractions occurring on the property at 6621 West Island Highway (Registered Owner: Brooks).
CARRIED
Enforcement Policy for Outstanding Building Permit Files Particularly on Gabriola Island � from July 11, 2000 Board Meeting.
MOVED Director Hamilton, SECONDED Director Sperling, that staff be directed to promote the use of legal consent orders in Electoral Area �B; for a period of one year, without recovery of costs, as a method of resolving existing building bylaw contraventions.
CARRIED
MOVED Director Hamilton, SECONDED Director Sperling, 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.
CARRIED
MOVED Director Hamilton, SECONDED Director Sperling, 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.
CARRIED
MOVED Director Hamilton, SECONDED Director Sperling, 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.
CARRIED
PLANNING
AMENDMENT APPLICATIONS
Application No. ZA0004 � 3536696 Canada Incorporated (Origin Adult Communities Ltd./Fairwinds) � Fairwinds Drive and Collingwood Drive � Area E.
MOVED Director Hamilton, SECONDED Director Stanhope, that Application ZA0004 by 3536696 Canada Incorporated (Fairwinds) to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" for the lands legally described as part of District Lot 78, Nanoose District by:
(a) rezoning from Residential 1 (RS1) to Residential 5 (RS5) that portion of the lands shown outlined on Schedule �2�;
(b) rezoning from Residential 1 (RS1) to Fairwinds Comprehensive Development CD8 that portion of the lands shown outlined on Schedule �3�; and
(c) changing the Subdivision District for those lands shown outlined in Schedule �2� and �3� from Subdivision District N to Subdivision District Z, be approved subject to the conditions 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. 500.263, 2000" be given 1st and 2nd reading and proceed to a Public Hearing.
CARRIED
MOVED Director Hamilton, SECONDED Director Stanhope, that the Public Hearing be chaired by the Director for Electoral Area �E�, Director Holme, or his alternate.
CARRIED
DEVELOPMENT PERMIT APPLICATIONS
Application No. 0014 � Ronkainen/Wallace � West Road � Area D.
MOVED Director Hamilton, SECONDED Director Haime, that Development Permit Application No. 0014 to create a seven-lot subdivision on the property legally described as Part of the Easterly 60 Acres of Section 16, Range 3, Mountain District, Except Part in Plans 29404, VIP68415, and VIP68636 be approved.
CARRIED
DEVELOPMENT VARIANCE PERMITS
Application No. 0006 � Ramsay � 1797 Morden Road � Area A.
MOVED Director Hamilton, SECONDED Director Elliott, that Development Variance Permit Application No. 0006 submitted by Garry and Dorothy Ramsay, for the property legally described as Lot 6, Section 10, Range 8, Block 13, Cranberry Land District, Plan 1724 to vary the maximum building height from 6.0 metres to 7.5 metres to legalize the height of an existing accessory building on the subject property, be approved, subject to notification requirements pursuant to the Local Government Act.
CARRIED
Application No. 0008 � McFarlane � 5012 Thompson Clark Crescent � Area H.
MOVED Director Hamilton, SECONDED Director Quittenton, that Development Variance Permit Application No. 0008 submitted by David and Moira McFarlane, for the property legally described as Lot 58, District Lot 28, Newcastle Land District, Plan 22249 to vary the setback from the front lot line from 8.0 m to 2.9 m and to vary the setback to the centerline of a watercourse from 18.0 m to 3.0 m to permit the construction of an accessory building on the subject property, be approved, subject to notification requirements pursuant to the Local Government Act.
CARRIED
OTHER
Provision of Cash-in-lieu of Park Land Dedication � Sims Associates, BCLS on behalf of Seascape Properties Ltd. � Flamingo Road � Area G.
MOVED Director Hamilton, SECONDED Director Stanhope, that the request submitted by Sims Associates, BCLS on behalf of Seascape Properties Ltd., to offer paying cash in-lieu-of park land as part of the subdivision of Lot 2, District Lot 10, Newcastle District, Plan VIP65041 be accepted.
CARRIED
ENVIRONMENTAL SERVICES STANDING COMMITTEE
MOVED Director Sherry, SECONDED Director Macdonald, that the minutes of the Environmental Services Committee meeting held July 25, 2000, be received for information.
CARRIED
LIQUID WASTE
Pump and Haul Amendment Bylaw No. 975.19 � Lot 32, Madrona Drive & Lot 13, Pilot Way � Area E.
MOVED Director Sherry, SECONDED Director McNabb, that the applications for inclusion into the pump and haul service be accepted for the following properties:
Lot 32, District Lot 68, Nanoose District, Plan 26680
Madrona Drive
Ghazi and Janet Farooq
Area E
Lot 13, Block E, District Lot 38, Nanoose District, Plan 13054
Pilot Way
Dorothy Mary Chapman
Area E
CARRIED
MOVED Director Sherry, SECONDED Director McNabb, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.19, 2000" be read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
Stormwater Management Plan.
MOVED Director Sherry, SECONDED Director McNabb, that the Board support staff participation in the stormwater management plan project funded by the Georgia Basin Ecosystem Initiative, in cooperation with Environment Canada and the Ministry of Environment, Lands & Parks, and that up to $20,000 be included in the 2001 Liquid Waste budget to support RDN participation and contribution to the project.
CARRIED
SOLID WASTE
3Rs Plan � Construction/Demolition/Land Clearing Waste Recycling Facility � Award Contract.
MOVED Director Sherry, SECONDED Director McNabb, that Evergreen Industries Ltd. be awarded a contract to recycle the construction and demolition waste collected at the RDN�s solid waste management facilities.
CARRIED
MOVED Director Sherry, SECONDED Director McNabb, that the RDN implement a disposal ban on commercial loads of construction and demolition waste once the DLC recycling facility is operational.
CARRIED
MOVED Director Sherry, SECONDED Director McNabb, that the RDN draft a waste stream management licensing bylaw to set minimum standards for the operation of DLC waste recycling facilities in the RDN. This bylaw will be developed with stakeholder consultation and be incorporated into the Solid Waste Management Plan.
CARRIED
MOVED Director Sherry, SECONDED Director McNabb, that the land clearing waste burn site on Weigles Road be phased out once the successful recycling of this material is demonstrated.
CARRIED
MOVED Director Sherry, SECONDED Director Sperling, that the development of this facility and the supporting waste management policies will not remove an individual property owner�s right to burn wood waste generated on their properties. These landowners will remain subject to local and provincial burning regulations.
CARRIED
COMMUNICATIONS
Don Fast, Assistant Deputy Minister, Ministry of Environment, Lands and Parks, re Additional Fees for Beverage Containers.
MOVED Director Sherry, SECONDED Director Macdonald, that the communication from Assistant Deputy Minister Fast, Ministry of Environment, Lands and Parks, regarding the separate declaration of additional fees for beverages on consumer sales receipts, be received for information.
CARRIED
UTILITIES
Nanoose Bulk Water Supply Main � Phase II � Tender Award.
MOVED Director Sherry, SECONDED Director Macdonald, that the "Nanoose Bulk Water Supply Main, Phase II" contract for the supply and installation of the Nanoose Peninsula regional bulk waterline along Northwest Bay Road from Claudet Road to the City of Parksville water connection be awarded to Lind Construction Ltd. for the tendered price of $1,207,896.45.
CARRIED
SPECIAL OCCASION LICENSE APPLICATION
North Oyster Volunteer Fire Department (Vancouver Island Firefighters Evolutions � July 28, 29 & 30, 2000) � Area C.
MOVED Director Sherry, SECONDED Director Hamilton, that the Board approve the North Oyster Volunteer Fire Department�s request for the issuance of a three (3) day special occasion license to operate a beer garden at the Vancouver Island Firefighters Evolutions on July 28, 29, and 30, 2000.
CARRIED
CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE
MOVED Director Stanhope, SECONDED Director Sherry, that the minutes of the regular Corporate and Community Services Committee meeting held August 1, 2000, be received for information.
CARRIED
ADMINISTRATION
Application for a Temporary Change to a Liquor Licence � Cassidy Inn � Area A.
MOVED Director Stanhope, SECONDED Director Rispin, that the Cassidy Inn�s request for a temporary change to their Liquor Licence to provide for an extended patio area for their Show �n Shine event scheduled for September 10, 2000 be approved.
EMERGENCY PLANNING
RDN Emergency Plan � Role and Responsibilities.
MOVED Director Stanhope, SECONDED Director Quittenton, that the Board not amend the "Regional District of Nanaimo Emergency Plan, 1998" and continue to provide only that response to emergencies which are Level 3 or higher.
CARRIED
MOVED Director Stanhope, SECONDED Director Quittenton, that staff be directed to prepare a report which sets out a 3 year plan for increasing the level of service of the Emergency Program to address the expanding role of this function.
CARRIED
FINANCE
Second Quarter Operating Results for 2000.
MOVED Director Stanhope, SECONDED Director Sherry, that the second quarter summary report of financial results from operations to June 30th, 2000, be received for information.
CARRIED
RECREATION & PARKS
Little Qualicum River Park Proposal.
MOVED Director Stanhope, SECONDED Director Macdonald, that the Little Qualicum River Park Proposal report be deferred to the October 3rd Corporate and Community Services Committee meeting.
CARRIED
COMMISSION, ADVISORY & SELECT COMMITTEE
Gabriola Island Recreation and Parks Commission.
MOVED Director Stanhope, SECONDED Director Sperling, that the minutes of the Gabriola Island Recreation and Parks Commission meeting held July 17, 2000, be received for information.
CARRIED
Executive Committee.
MOVED Director Stanhope, SECONDED Director Sherry, that the minutes of the Executive Committee meeting held July 10, 2000, be received for information.
CARRIED
Procedure Bylaw No. 1199.01 � Rules of Conduct Amendment.
MOVED Director Stanhope, SECONDED Director Rispin, that the Board Procedure Bylaw be amended to include officers and employees within Section 3 � Rules of Conduct of the bylaw, and that late delegations be required to submit written requests by 1:00 pm on the day of the meeting in order to be included on an "Addendum".
CARRIED
MOVED Director Stanhope, SECONDED Director Rispin, that the new section 4(4) of the Rules of Conduct be amended to read:
"A member who contravenes s4(3) may be suspended or removed from the remainder of a meeting at which the offensive language was spoken, by the Chairperson, upon two-thirds vote of the Board."
CARRIED
MOVED Director Stanhope, SECONDED Director Sherry, that "Regional District of Nanaimo Board Procedure Amendment Bylaw No. 1199.01, 2000" be introduced and read three times.
CARRIED
MOVED Director Stanhope, SECONDED Director Sherry, that "Regional District of Nanaimo Board Procedure Amendment Bylaw No. 1199.01, 2000" be adopted.
CARRIED
Procedure Bylaw No. 1199.02 � Limiting Delegations Amendment.
MOVED Director Stanhope, SECONDED Director Hamilton, that Procedure Bylaw No. 1199.02 � Limiting Delegations Amendment be referred back to the Executive Committee.
CARRIED
NEW BUSINESS
District 69 Ice Time Availability.
MOVED Director Stanhope, SECONDED Director McLean, that this item be referred to the next Corporate and Community Services Committee meeting.
CARRIED
LATE ITEMS
COMMUNICATIONS/CORRESPONDENCE
Egon Kuhn, Helen Sims, Michelle Jones, Ken Kyler, Parksville Development & Construction Association, re Procedure Bylaw No. 1199.02, Limiting Delegations Amendment.
Helen Sims, Sims Associates Land Surveying Ltd., re Procedure Bylaw No. 1199.02 � Limiting Delegations Amendment.
MOVED Director Stanhope, SECONDED Director Quittenton, that the correspondence from Egon Kuhn, Helen Sims, Michelle Jones, Ken Kyler, Parksville Development & Construction Association and the correspondence from Helen Sims regarding Procedure Bylaw No. 1199.02, be received for information.
MOVED Director Quittenton, SECONDED Director Westbroek, that the motion be amended to add the words "and consideration" after the word "information".
CARRIED
The question was called on the motion as amended.
The motion CARRIED.
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE
Aggregates Study Select Committee.
MOVED Director McNabb, SECONDED Director Hamilton, that the minutes of the Aggregates Study Select Committee meeting held July 13, 2000, be received for information.
CARRIED
ADMINISTRATOR�S REPORT
Application No. ZA0005 � Ciammaichella/I-Land Professional Property Services � "Lot 8" Aulds Road/6430 Phantom Road � Area D.
MOVED Director Haime, SECONDED Director Macdonald, that the minutes of the public hearing held on Monday, July 31, 2000 with respect to "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.262, 2000" be received.
CARRIED
MOVED Director Haime, SECONDED Director Macdonald, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.262, 2000" be granted third reading with conditions of approval as outlined in Schedule �1�.
CARRIED
LATE ITEMS
ADMINISTRATOR�S REPORT
Liquor Licence Amendment � Royal Canadian Legion Branch 257 � Area D.
MOVED Director Haime, SECONDED Director Holme, that the Liquor Control and Licencing Branch be informed that the Board has no objection to the Royal Canadian Legion Branch 257�s application to amend its �A� Licence to permit an amendment to their seating capacity in the downstairs lounge from 155 to 125 and in the upstairs hall from 70 to 100.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director McNabb, that this meeting adjourn to allow for an in camera meeting.
CARRIED
TIME: 8:22 PM.
IN CAMERA
MOVED Director Sherry, SECONDED Director McNabb, that pursuant to Section 242.2(1)(h) of the Local Government Act that the meeting be closed to consider a matter of litigation or potential litigation affecting the Local Government.
CARRIED
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CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES