REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, JANUARY 9, 2001, AT 7:30 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 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:
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 Manager of Administrative Services

DELEGATIONS

Scott Bigham, Capital City Kart Club, re Operating Permits for Mountainaire Kart Circuit.

Mr. Bigham requested Board members to consider allowing limited go kart events at the Spruston Road site.

John McFaul, re ALR 0006 Exclusion � 1712 Vowels Road � Area A.

Mr. McFaul reviewed comments received from agencies in support of the exclusion of the property from the ALR.

Dianne Burt, re ALR 0006 Exclusion � 1712 Vowels Road � Area A.

Ms. Burt provided a a history of the Judge property and urged Board members not to support the exclusion.

BOARD MINUTES

MOVED Director Stanhope, SECONDED Director Krall, that the minutes of the Inaugural Board meeting held on Tuesday, December 12, 2000, be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Shirley Hine, City of Parksville, re Arrowsmith Water Service Management Committee Appointment.

MOVED Director Macdonald, SECONDED Director Krall, that the correspondence from the City of Parksville with respect to the Arrowsmith Water Service Management Committee 2001 appointment, be received.

CARRIED

Shirley Hine, City of Parksville, re District 69 Recreation Commission Appointment.

MOVED Director Macdonald, SECONDED Director Krall, that the correspondence from the City of Parksville with respect to the District 69 Recreation Commission appointment, be received.

CARRIED

UNFINISHED BUSINESS

From the December 5, 2000 Corporate and Community Services Committee Meeting.

Growth Management Plan Review Terms of Reference.

MOVED Director Rispin, SECONDED Director Hamilton, that the Terms of Reference for the Growth Management Plan Review be approved.

CARRIED

MOVED Director Holdom, SECONDED Director Stanhope, that an application be submitted to the Ministry of Municipal Affairs for a planning grant in the amount of $80,000 for the Growth Management Plan Review.

A recorded vote was requested.

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

CARRIED

From the December 12, 2000 Board Meeting.

Self Haul Tipping Fees � Bylaw No. 894.13.

MOVED Director Stanhope, SECONDED Director Krall, that the fee structure for self-haul loads be changed from a flat rate based on vehicle type to a flat rate based on weight.

A recorded vote was requested.

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

MOVED Director Stanhope, SECONDED Director Krall, that the fee structure for garbage be amended to charge $4.00 for the first 100 kg and 9 cents per kg ($90/tonne) for the remainder effective February 1, 2001.

A recorded vote was requested.

MOVED Director Stanhope, SECONDED Director Krall, that the fee structure for yard waste be amended to charge $4.00 for the first 200 kg and 4.5 cents per kg ($45/tonne) for the remainder effective February 1, 2001.

A recorded vote was requested.

MOVED Director Stanhope, SECONDED Director Krall, that the "Regional District of Nanaimo Solid Waste Management Regulation Amendment Bylaw No. 894.13, 2001" be introduced and read three times.

A recorded vote was requested.

MOVED Director Stanhope, SECONDED Director Macdonald, that the "Regional District of Nanaimo Solid Waste Management Regulation Amendment Bylaw No. 894.13, 2001" be adopted.

A recorded vote was requested.

Public Hearing.

Bylaw No. 500.268 � Amendments to Subdivision Regulations � Area �E�.

MOVED Director Stanhope, SECONDED Director McNabb, that this item be held in abeyance for 90 days to allow more time to consider the amendments.

CARRIED

Bylaw No. 500.265 Application ZA 0007 � Burgess & Greaves � 1880 Claudet Road � Area �E�.

MOVED Director McNabb, SECONDED Director Hamilton, that the Summary of Proceedings of the Public Hearing held December 14, 2000 as a result of public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.265, 2000" be received.

CARRIED

MOVED Director Hamilton, SECONDED Director McNabb, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.265, 2000", be given 3^rd reading.

CARRIED

For Adoption.

Bylaw No. 975.21.

MOVED Director Stanhope, SECONDED Director Rispin, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.21, 2000" be adopted.

CARRIED

Bylaw No. 1221.

MOVED Director Stanhope, SECONDED Director Westbroek, that "Regional District of Nanaimo (San Pareil Water) Security Issuing Bylaw No. 1221, 2000" be adopted.

CARRIED

Bylaw No. 1226.

MOVED Director Stanhope, SECONDED Director Westbroek, that "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1226, 2000" be adopted.

CARRIED

Bylaw No. 1227.

MOVED Director Macdonald, SECONDED Director Stanhope, that "Regional District of Nanaimo (City of Parksville) Security Issuing Bylaw No. 1227, 2000" be adopted.

CARRIED

DEVELOPMENT SERVICES STANDING COMMITTEE

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

CARRIED

CORRESPONDENCE/COMMUNICATION

Brian Morgan, re Zoning Amendment Application � Yellowpoint and Cedar Roads � Area A.

MOVED Director Hamilton, SECONDED Director Elliott, that the correspondence received from Brian Morgan with respect to the re-zoning of property for the proposed North Cedar Fire Department, be received for information.

CARRIED

Daryl Britt, re ALR 006 Exclusion � 1712 Vowels Road � Area A.

MOVED Director Hamilton, SECONDED Director Krall, that the correspondence received from Daryl Britt with respect to the ALR exclusion application for a property at 1712 Vowels Road, 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 Elliott, that a notice be filed against the titles of the properties listed, pursuant to Section 700 of the Local Government Act and that if the infractions are not rectified within ninety (90) days, legal action will be pursued:

Lot A, Section 16, Range 8, Plan VIP56538, Cranberry Land District, 1627 Cedar Road, Electoral Area �A�, owned by V. Johnson.;

Strata Lot 2, District Lot 78, Nanoose Land District, Strata Plan VIS4678 together with an interest in the common property in proportion to the unit entitlement of the Strata Lot as shown on Form 1, 2421 Arbutus Crescent, Electoral Area �E�, owned by R. Chiste;

Lot 29, Block 668, Nanoose Land District, Plan 36481, 2601 Matthew Road, Electoral Area �E�, owned by P. and L. Nielsen.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Zoning Amendment Application No. 0012 � North Cedar Improvement District � on behalf of Agnes Cochran and Laura Sweeney � Yellow Point Road � Area A.

MOVED Director Hamilton, SECONDED Director Elliott, that the staff report be received and that Amendment Application No. 0012 submitted by the North Cedar Improvement District to rezone a portion of the property legally described as Lot 1, Plan VIP533334, Section 12, Range 1, Cedar District, from Residential 2 (RS2) to Public 1 (PU1) be advanced to a public hearing subject to the conditions outlined in Schedule No. 1 of the November 21, 2000 staff report.

CARRIED

MOVED Director Hamilton, SECONDED Director Holdom, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.271, 2000" be given 1^st and 2^nd reading and proceed to Public Hearing.

CARRIED

MOVED Director Hamilton, SECONDED Director Elliott, that the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.271, 2000" be delegated to Director Elliott or his alternate and that the Public Hearing be postponed until the end of February or the beginning of March to allow for sufficient advertising.

CARRIED

DEVELOPMENT VARIANCE PERMIT

Application No. 0013 � Vinden � 2750 Boyd Drive � Area E.

MOVED Director Hamilton, SECONDED Director Stanhope, that Development Variance Permit Application No. 0013, submitted by Gordon Waters, Agent on behalf of Mark and Suzanne Vinden, to facilitate the development of a single dwelling unit and vary the maximum permitted dwelling unit height within the Residential 1 (RS1) zone from 8.0 metres to 8.9 metres (29.2 feet) for the property legally described as Lot 8, District Lot 37, Nanoose District, Plan 30072, be approved as submitted subject to the notification procedures pursuant to the Local Government Act.

CARRIED

OTHER

ALR 0006 Exclusion � Pauline Kaur Judge and Aismore Angy Judge � 1712 Vowels Road � Area A.

MOVED Director Hamilton, SECONDED Director Stanhope, that the Board of the Regional District of Nanaimo, in support of policies contained in the Regional Growth Management Plan, the Electoral Area �A� Official Community Plan, Bylaw No. 1116, 1998, and regulations within Land Use and Subdivision Bylaw No. 500, 1987, recommend that the application for exclusion from the Agricultural Land Reserve for Lots 3 and 4, Plan 725, Section 1, Range 7, Cranberry District, Except Part in Plans VIP69195 and VIP69231, be refused.

A recorded vote was requested.

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

ADMINISTRATOR�S REPORT

Appointment of Bylaw Enforcement Officer.

MOVED Director Stanhope, SECONDED Director Hamilton, that Mr. Thomas W. Armet be appointed as a Bylaw Enforcement Officer for the purpose of enforcing Regional District of Nanaimo bylaws and regulations as set out pursuant to the provisions of "Bylaw Enforcement Officers Bylaw No. 857, 1992".

CARRIED

Planning Grant Payment Deadline Extension � Transportation Study.

MOVED Director Stanhope, SECONDED Director Macdonald, that the new schedule and deadline for the completion of the Transportation Study be approved for the purpose of extending the deadline for the payment of an approved planning grant.

CARRIED

Regional Services.

MOVED Director Stanhope, SECONDED Director Hamilton, that the "Southern Community Transit Service Area Conversion Bylaw No. 1230, 2001" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

MOVED Director Stanhope, SECONDED Director Rispin, that the "Regional District of Nanaimo District 69 Conventional Transit Local Service Area Amendment Bylaw No. 897.03, 2001" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

MOVED Director Stanhope, SECONDED Director Rispin, that the "Regional District of Nanaimo District 69 Custom Transit and Paratransit Local Service Area Amendment Bylaw No. 908.04, 2001" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

MOVED Director Stanhope, SECONDED Director Rispin, that the "Southern Community Sewer Local Service Area Amendment Bylaw No. 888.02, 2001" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

MOVED Director Stanhope, SECONDED Director McNabb, that the "Northern Community Sewer Local Service Area Amendment Bylaw No. 889.15, 2001" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

A recorded vote was requested.

The motion CARRIED with Directors Holme, Hamilton, Quttenton, Westbroek, Haime, Sperling, Macdonald, Holdom, McNabb, Elliott, Krall, Korpan, Rispin and Stanhope voting in the affirmative and Director McLean voting in the negative.

MOVED Director Stanhope, SECONDED Director Macdonald, that the "Regional District of Nanaimo Trucked Liquid Waste Disposal Amendment Bylaw No. 988.03, 2001" be introduced and read three times.

CARRIED

MOVED Director Hamilton, SECONDED Director Stanhope, that the "Southern Community Recreation Local Service Area Amendment Bylaw No. 1059.01, 2001" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

MOVED Director Stanhope, SECONDED Director Hamilton, that the "Joint Civic Properties and Recreation Commission Local Service Area Amendment Bylaw No. 861.01, 2001" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

A recorded vote was requested.

MOVED Director Stanhope, SECONDED Director Hamilton, that the "Regional District of Nanaimo Regional Parks and Trails Service Area Conversion Bylaw No. 1231, 2001" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

A recorded vote was requested.

ADDENDUM

ADMINISTRATION

Demolition Permit/OCP Bylaw Amendment Conflict � Walsh � 777 Mariner Way � Area G.

MOVED Director Stanhope, MOVED Director Krall, that staff be directed to approve the application for a demolition permit for the property located at 777 Mariner Way given there is no conflict between the application and the potential amendment to the Englishman River Official Community Plan.

CARRIED

BOARD INFORMATION

French Creek Estuary (page 15).

MOVED Director Stanhope, SECONDED Director Korpan, that the RDN request the Ministry of Environment, Lands & Parks (MELP) to address the concerns of the French Creek Residents Association and request MELP to prepare an evaluation of the flood risk for the French Creek estuary.

CARRIED

IN CAMERA

MOVED Director McNabb, SECONDED Director Korpan, that pursuant to Section 242.1(h) of the Local Government Act, the Board proceed to an In Camera meeting to consider a matter of litigation affecting the Regional District.

CARRIED

ADJOURNMENT

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

CARRIED

TIME: 8:45 PM.

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CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES