REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, OCTOBER 10, 2000, AT 7:32 PM IN THE
NANAIMO CITY COUNCIL CHAMBERS

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 R. 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
Director T. Krall City of Nanaimo
Director L. McNabb City of Nanaimo
Director B. Holdom City of Nanaimo

Also in Attendance:
K. Daniels Chief Administrative Officer
N. Connelly Gen. Mgr. of Community Services
B. Lapham Gen. Mgr. of Development Services
C. Mason Gen. Mgr. of Corporate Services
J. Finnie Gen. Mgr. of Environmental Services
M. Pearse Manager of Administrative Services

DELEGATIONS

Jeremy Green, re Accreted Lands Within the RDN.

Mr. Green provided aerial overheads from the past 50 years of the San Pareil area which indicated the accretion that has taken place during this time period. He voiced his opposition to accreted land being considered in setback provisions in the siting of new homes.

Len King, re Accreted Lands Within the RDN.

Mr. King provided a short history of the accretion that has taken place on his property as well as the adjacent property where the setback requirements will be altered if the accreted lands are included when calculating the setback requirements. Mr. King advised Board members that if the new construction is permitted based on the new setbacks, his view will be decreased by 30% and his assessed value will be decreased. He urged Board members to endorse recommendation no. 1 which was included in the staff report.

Glen Jamieson/Neil Daw, re Accreted Lands Within the RDN.

Mr. Jamieson and Mr. Daw were not in attendance.

Maggie Henigman, MELP, re Accreted Lands Within the RDN.

Ms. Henigman was not in attendance.

R. McQueen, re Accreted Lands Within the RDN.

Ms. McQueen voiced her opinion on accreted lands and large homes and also read a letter from Mr. and Mrs. Hunter strongly supporting the staff recommendation to have accreted land remain as water zoning.

Vern Huntley, re Accreted Lands Within the RDN.

Mr. Huntley voiced his strong support for accreted land to remain as Crown land.

BOARD MINUTES

MOVED Director McNabb, SECONDED Director Sherry, that the minutes of the regular Board meeting held on Tuesday, September 12, 2000, be adopted.

CARRIED

UNFINISHED BUSINESS

From the Board Meeting held September 12, 2000.

Proposed Boundary Expansion � Town of Qualicum Beach.

Motion to Reconsider.

MOVED Director Haime, SECONDED Director McNabb, that the Board reconsider the motion of September 12, 2000 regarding the proposed boundary expansion for the Town of Qualicum Beach.

A recorded vote was requested.

The motion was DEFEATED with Directors Quittenton, Westbroek, Haime, Sperling, Macdonald, McNabb and Krall voting in the affirmative and Directors Holme, Hamilton, Sherry, Holdom, Elliott, McLean, Rispin and Stanhope voting in the negative. (Director Korpan was not in the room for the vote.)

For Third Reading and Adoption.

Bylaw No. 500.264 � Land Use and Subdivision Bylaw Amendment � Provincial Sewer Infrastructure Implementation Grant � Area G.

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

MOVED Director Macdonald, SECONDED Director McNabb, that the minutes of the public hearing held on September 28, 2000, as a result of the public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.264, 2000", be received.

CARRIED

MOVED Director Macdonald, SECONDED Director McNabb, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.264, 2000" be given 3rd reading.

CARRIED

MOVED Director Macdonald, SECONDED Director Sherry, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.264, 2000" be adopted.

CARRIED

Director Stanhope returned to the meeting.

Bylaw No. 500.266 � Land Use and Subdivision Bylaw Amendment � Public Notification Amendments for Rural and Resource Zones � Areas A, C, D, E, G, H.

MOVED Director Hamilton, SECONDED Director Stanhope, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.266, 2000" be given 3rd reading.

CARRIED

MOVED Director Hamilton, SECONDED Director Stanhope, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.266, 2000" be adopted.

CARRIED

For Adoption.

Bylaw No. 500.263 � Land Use and Subdivision Bylaw Amendment � 3536696 Canada Incorporated (Origin Adult Communities Ltd.\Fairwinds) � Fairwinds Drive and Collingwood Drive � Area E.

MOVED Director Sherry, SECONDED Director Hamilton, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.263, 2000" be adopted.

CARRIED

Bylaw No. 813.24 � French Creek Sewer LSA Boundary Amendment Bylaw � Wembley Road � Area G.

MOVED Director Stanhope, SECONDED Director Krall, that "French Creek Sewerage Facilities Local Service Area Amendment Bylaw No. 813.24, 2000" be adopted.

CARRIED

Bylaw No. 889.14 � Northern Community Sewer LSA Boundary Amendment Bylaw � Wembley Road � Area G.

MOVED Director Sherry, SECONDED Director McNabb, that "Regional District of Nanaimo Northern Community Sewer Local Service Area Amendment Bylaw No. 889.14, 2000" be adopted.

CARRIED

Bylaw No. 874.04 � French Creek Water LSA Boundary Amendment Bylaw � Bennett Road � Area G.

MOVED Director Westbroek, SECONDED Director Sherry, that "French Creek Water Local Service Area Amendment Bylaw No. 874.04, 2000" be adopted.

CARRIED

Bylaw No. 975.19 � Pump and Haul LSA Boundary Amendment Bylaw � Madrona Drive & Pilot Way � Area E.

MOVED Director Krall, SECONDED Director Sherry, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.19, 2000" be adopted.

CARRIED

DEVELOPMENT SERVICES STANDING COMMITTEE

MOVED Director Hamilton, SECONDED Director McLean, that the minutes of the regular Development Services Committee meeting held September 19, 2000, be received for information.

CARRIED

PLANNING

DEVELOPMENT PERMIT APPLICATIONS

Application No. 0016 � Fairwinds/Niederlinski � 3362 Rockhampton Road � Area E.

MOVED Director Hamilton, SECONDED Director Elliott, that Development Permit Application No. 0016 to develop a single family dwelling and vary the maximum permitted height of the structure within the Residential 1 (RS1) zone from 8.0 metres to 10.3 metres on the property legally described as Lot 19, District Lot 30, Nanoose Land District, VIP57407 be approved, subject to notification procedures pursuant to the Local Government Act and subject to the conditions outlined in Schedule �1�.

CARRIED

Application No. 0019 � Shelton � 1761 Admiral Tryon Boulevard � Area G.

MOVED Director Hamilton, SECONDED Director Stanhope, that Development Permit No. 0019, submitted by Leslie and Klaasja Shelton, for the property legally described as Lot 23, District Lot 28, Nanoose Land District, VIP62528, be approved with variances to Section 6.4.65 Minimum Setback Requirements to relax the neighbouring lot line setbacks from 3.0 metres to 0.0 metres (south) and 3.0 metres to 0.1 metres (north) neighbouring other lot lines, subject to notification provisions pursuant to the Local Government Act.

CARRIED

FRONTAGE RELAXATION

WR Hutchinson, BCLS, on behalf of Boa Developments Ltd. � Nanaimo River Road and South Forks Road � Area C.

MOVED Director Hamilton, SECONDED Director Sherry, that the request submitted by WR Hutchinson, BCLS on behalf of Boa Development Ltd., to offer dedication of park land as part of the subdivision of District Lot 3, Douglas District, be accepted, subject to a restrictive covenant as outlined in the staff report.

CARRIED

MOVED Director Hamilton, SECONDED Director Krall, that the request submitted by WR Hutchinson, BCLS on behalf of Boa Development Ltd., to relax the minimum 10% perimeter frontage requirement for proposed Lots 1 and 2, as shown on the plan of subdivision, be approved.

CARRIED

OTHER

Spruston Enterprises Limited.

MOVED Director Hamilton, SECONDED Director McLean,:

That staff take the steps necessary to arrange a meeting between RDN representatives and the Minister of Transportation and Highways at the October 2000 UBCM Convention to support the joint use 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.

That the RDN Board advise Spruston Enterprises Ltd. to consider pursuing the relocation of the motorsport activities formerly occurring at the Cassidy Speedway to the proposed site in the CVRD, if other options in the RDN are unavailable.

CARRIED

Proposed Town of Qualicum Beach Boundary Expansion Referral � Andreef Road � Area G.

MOVED Director Westbroek, SECONDED Director Stanhope, that the Regional District of Nanaimo support the proposed boundary extension submitted by the Town of Qualicum Beach to the Ministry of Municipal Affairs for Lot 1 of District Lot 78, Newcastle District, Plan 2212, Except that Part in Plan VIP69894 to allow for the realignment of the Rupert Ring Road.

CARRIED

Accreted Lands Within the Regional District of Nanaimo.

MOVED Director Hamilton, SECONDED Director Westbroek, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.267, 2000" amending Part 6, Section 1.3 and Part 7, Section 1.4 to retain the zone and subdivision district boundaries as shown on the Schedules �6B� and �7B� be deferred until such time as staff have sought legal council and further information from BC Land Titles, the Surveyor General and the Corporation of BC Land Surveyors.

DEFEATED

MOVED Director Stanhope, SECONDED Director Haime, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.267, 2000" amending Part 6, Section 1.3 and Part 7 Section 1.4 to retain the zone and subdivision district boundaries as shown on the Schedules �6B� and �7B� be given 1st and 2nd reading.

CARRIED

MOVED Director Stanhope, SECONDED Director Haime, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.267, 2000" proceed to public hearing to be chaired by the Director for Electoral Area �G� or his alternate.

CARRIED

MOVED Director Stanhope, SECONDED Director Haime, that, pursuant to Section 929 of the Local Government Act, staff be directed to withhold the issuance of any building permits which reference accreted lands for 30 days, extending from October 10, 2000 to November 9, 2000 then bring forward any permits withheld for consideration of an additional withholding of up to 60 days.

CARRIED

District 69 Ice Time Availability � Director McLean.

MOVED Director McLean, SECONDED Director Westbroek,:

That the RDN withdraw from any previous public/private partnership process with the City of Parksville.

That the D69 Recreation Commission investigate all options for providing additional ice time in District 69 and report back to the Board with the most viable option.

MOVED Director Macdonald, SECONDED Director Westbroek, that the motion be amended to add the words "with particular consideration being given to twinning the existing arena".

CARRIED

The question was called on the main motion as amended.

The motion CARRIED.

ENVIRONMENTAL SERVICES STANDING COMMITTEE

MOVED Director Sherry, SECONDED Director Hamilton, that the minutes of the Environmental Services Committee meeting held September 26, 2000, be received for information.

CARRIED

CORRESPONDENCE

John Hachey, Federation of Canadian Municipalities, re Municipal Leaders� Statement on Climate Change.

MOVED Director Sherry, SECONDED Director Westbroek, that the correspondence from the Federation of Canadian Municipalities with respect to the municipal leaders� statement on climate change, be received for information.

CARRIED

LIQUID WASTE

Benchmarking � Wastewater Treatment Facilities.

MOVED Director Sherry, SECONDED Director McNabb, that the staff report on benchmarking Regional District liquid waste facilities be received for information and that benchmarking continue with other Canadian utilities and that costs for benchmarking not exceed $10,000 at this time, and any future increases be reviewed by the Board.

CARRIED

Sewage Disposal Regulation Bylaw No. 1224.

MOVED Director Sherry, SECONDED Director McNabb, that "Regional District of Nanaimo Sewage Disposal Regulation Bylaw No. 1224, 2000" be introduced, read three times and forwarded to Ministry of Health for approval.

CARRIED

SOLID WASTE

Progress Report � Source Separated Organic Waste Composting.

MOVED Director Sherry, SECONDED Director Westbroek, that the Board cancel the RFP process for a regional composting facility.

CARRIED

OTHER

Land Use and Subdivision Bylaw Amendment Bylaw No. 500.268.

MOVED Director Sherry, SECONDED Director McNabb, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.268, 2000" be given 1st and 2nd reading and proceed to Public Hearing.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that the Public Hearing for Bylaw No. 500.268 be chaired by the Director for Electoral Area �E�, Director George Holme, or his alternate.

CARRIED

CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

MOVED Director Stanhope, SECONDED Director Rispin, that the minutes of the regular Corporate & Community Services Committee meeting held on October 3, 2000, be received for information.

CARRIED

RECREATION AND PARKS

San Pareil Boardwalk Initiative.

MOVED Director Stanhope, SECONDED Director Rispin, that staff be directed to pursue a co-management agreement with SSPORA, Ministry of Environment Lands and Parks, and Fisheries and Oceans Canada to coordinate the design, construction and maintenance of the San Pareil boardwalk under the Area �G� Community Parks function.

MOVED Director Westbroek, SECONDED Director Quittenton, that the motion be amended to provide for the consideration of a gravel path.

DEFEATED

The question was called on the main motion.

The motion CARRIED.

COMMUNICATIONS/CORRESPONDENCE

R.K. Wood, Mayor, District of West Vancouver, re Section 14(2) of the Interpretation Act.

MOVED Director Stanhope, SECONDED Director McNabb, that the correspondence received from the District of West Vancouver in respect to Section 14(2) of the Interpretation Act, be received for information.

CARRIED

ADMINISTRATION

Coordinated Public Consultation/Communication Framework.

MOVED Director Stanhope, SECONDED Director Haime, that the Coordinated Public Consultation/Communication Framework be approved as amended.

CARRIED

RECREATION AND PARKS

Little Qualicum River Park Proposal.

MOVED Director Stanhope, SECONDED Director Haime,:

That the Regional District, in response to the park proposal advanced for the river valley area within and adjacent to the Town of Qualicum Beach, reference the general recognition outlined in the Park System Plan for the environmental importance of the Little Qualicum River corridor.

That the Regional District not adjust its regional parks acquisition program at this time to advance an initiative to acquire Weyerhaeuser property along the Little Qualicum River as regional park.

That the Regional District urge the forest company to respect the environmental importance of the river corridor and to comply with all regulatory requirements in its use of the property.

CARRIED

Establishment of a Lantzville Parks Advisory Commission.

MOVED Director Stanhope, SECONDED Director Stanhope, that a Lantzville Parks Advisory Commission be established and that the Terms of Reference be approved.

CARRIED

Whisky Creek Park � Offer of a Licence of Occupation � Area F.

MOVED Director Stanhope, SECONDED Director Stanhope, that the Regional District enter into a 10 year Licence of Occupation for the 16.2 hectare property in Whisky Creek known as the Malcolm Property, for use as community park.

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 September 21, 2000, be received for information.

CARRIED

MOVED Director Stanhope, SECONDED Director McLean, that grants be approved to the following organizations:
Errington War Memorial Hall Association $ 625
Nanoose Bay Recreation & Activities Society $ 1,250
Lighthouse Recreation Commission $ 1,250
Area G Parks, Recreation and Greenspaces Advisory Committee $ 1,250

CARRIED

MOVED Director Stanhope, SECONDED Director Westbroek, that the additional $625 for Electoral Area F for 2000 be available for future Grants-in-Aid applicants from Electoral Area F.

CARRIED

MOVED Director Stanhope, SECONDED Director McLean, that $6,500 of Community Agreement funding be approved contingent on the Boultbee Park Playground Committee attaining more quotes through a competitive bidding process and the most competitive quote be used to install a basketball court in Boultbee Park, and that an Agreement be developed with the Boultbee Park Playground Committee to include expectations for the basketball project completion.

CARRIED

MOVED Director Stanhope, SECONDED Director McLean, that $8,000 of Community Agreement funding be approved with a one-year agreement with the Arrowsmith Mountain Bike Club to complete Phase 1 of the BMX track at Qualicum Beach Community Park, and that an Agreement be developed with the Arrowsmith Mountain Bike Club to include expectations of the BMX program.

CARRIED

Gabriola Island Recreation Commission.

MOVED Director Sperling, SECONDED Director Stanhope, that the minutes of the Gabriola Island Recreation Commission meetings held August 9, 2000 and September 25, 2000 be received for information.

CARRIED

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

Citizens on Patrol.

MOVED Director Stanhope, SECONDED Director Westbroek, that a letter be sent to the Gaming Commission in support of the Citizens on Patrol.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Aggregates Study Select Committee.

MOVED Director McNabb, SECONDED Director Krall, that the minutes of the Aggregates Study Select Committee meeting held September 27, 2000, be received for information.

CARRIED

MOVED Director McNabb, SECONDED Director Holdom, that the consideration of how to implement the Aggregates Study recommendations be postponed until the outcome of the provincial panel�s work is determined.

CARRIED

MOVED Director McNabb, SECONDED Director McLean, that the Regional District provide comments to the provincial panel established to examine aggregate regulation.

CARRIED

MOVED Director McLean, SECONDED Director Hamilton, that the Regional District make representation to the Ministry of Energy and Mines with respect to the relationship between Mines Act Permit decisions and local government soil removal and deposit bylaw permit decision.

CARRIED

MOVED Director McNabb, SECONDED Director Krall, that the report regarding Soil Removal and Fill Deposit in the Agricultural Land Reserve be received, that the issue be forwarded to the Provincial panel for consideration, and that the issue be reconsidered upon completion of the Provincial panel review of aggregate regulation.

CARRIED

ADJOURNMENT

MOVED Director Sherry, SECONDED Director McNabb, that this meeting terminate.

CARRIED

TIME: 8:30 PM.

___________________________________ _________________________________________

CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES