REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, APRIL 10, 2001, AT 7:35 PM IN THE
NANAIMO CITY COUNCIL CHAMBERS

Present:

Director G. Holme Chairperson
Director L. Elliott Electoral Area A
Director B. Sperling Electoral Area B
Alternate
Director M. Young 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
Alternate
Director A. Kruyt Town of Qualicum Beach
Director D. Rispin City of Nanaimo
Director L. Sherry 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
J. Finnie Gen. Mgr. of Environmental Services
B. Lapham Gen. Mgr. of Development Services
C. Mason Gen. Mgr. of Corporate Services
M. Pearse Manager of Administrative Services

BOARD MINUTES

MOVED Director Sherry, SECONDED Director Krall, that the minutes of the regular Board meeting held on Tuesday, March 13, 2001 and the Special Board meeting held on Tuesday, March 20, 2001, be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Shelagh Gourlay, Cedar School and Community Enhancement Society, re Cedar Heritage Centre.

MOVED Director McLean, SECONDED Director Holdom, that the correspondence from the Cedar School and Community Enhancement Society with respect to a request for support for financial assistance in the administration of the Cedar Heritage Centre be received.

CARRIED

Carol & Mel Gray, re Application No. 0105 � Heringa and Rajotte/Griffin � 781 Miller Road � Area G.

MOVED Director Stanhope, SECONDED Director Rispin, that the correspondence from Carol and Mel Gray with respect to Application No. 0105 be received.

CARRIED

Growth Management Plan 2000 Annual Report.

The Chairperson acknowledged four members of the Performance Review Committee in the audience and requested that this issue be brought forward at this time.

MOVED Director McLean, SECONDED Director Stanhope, that Dr. Terence Knight be permitted to speak.

CARRIED

Dr. Knight, representing the Performance Review Committee, provided the Board with a brief overview of the Growth Management Plan 2000 Annual Report.

MOVED Director Krall, SECONDED Director Stanhope, that the 2000 Annual Report on the Growth Management Plan be received.

CARRIED

UNFINISHED BUSINESS

Public Hearing � Bylaw No. 500.273.

MOVED Director McLean, SECONDED Director Sherry, that the Summary of Proceedings of the Public Hearing held March 26, 2001 as a result of public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.273, 2001" be received.

CARRIED

MOVED Director McLean, SECONDED Director Holdom, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.273, 2001" be given 3rd reading.

CARRIED

MOVED Director Stanhope, SECONDED Director McLean, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.273, 2001" be referred to the Ministry of Transportation and Highways for confirmation of access prior to 4th reading.

CARRIED

For Adoption.

Bylaw No. 1250 � Building Regulations and Fees Bylaw.

MOVED Director Stanhope, SECONDED Director Sperling, that "Regional District of Nanaimo Building Regulations and Fees Bylaw No. 1250, 2001" be adopted.

CARRIED

Bylaw No. 500.265 � Burgess/Greaves � 1880 Claudet Road � Area E.

MOVED Director Sherry, SECONDED Director Krall, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.265, 2000" be adopted.

CARRIED

DEVELOPMENT SERVICES STANDING COMMITTEE

MOVED Director Holdom, SECONDED Director Stanhope, that the minutes of the regular Development Services Committee meeting held March 20, 2001, be received for information.

CARRIED

UNFINISHED BUSINESS

From February 27, 2001 Development Services Committee

Section 700 Filing.

MOVED Director Holdom, SECONDED Director Haime, that a notice be filed against the title of the property listed, pursuant to Section 700 of the Local Government Act and that if the infraction is not rectified within ninety (90) days, legal action will be pursued:
Lot 2, Section 12, Range 3, Plan 38230, Mountain Land District, 3033 Jameson Road, Electoral Area D, owned by D. and P. Stalker.

CARRIED

CORRESPONDENCE/COMMUNICATION

Frank Haylock, re DVP Application No. 0102 � Richard Place � Area E.

MOVED Director Holdom, SECONDED Director McNabb, that the correspondence received from Frank Haylock with respect to approval of DVP Application No. 0102, be received for information.

CARRIED

Robert Hobson, UBCM, re Streamside Protection Regulation.

MOVED Director Sherry, SECONDED Director Holdom, that the correspondence received from UBCM with respect to new regulation under the Fish Protection Act to protect fish habitat in urban areas, be received for information.

CARRIED

BUILDING INSPECTION

Section 700 Filings.

The Chairperson advised that the following filing has been resolved:

Lot 1, Section 18, Range 2, Plan VIP67127, Mountain Land District, 3395 Richards Road, Electoral Area �D�, owned by R. and D. Brennan;

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 Holdom, SECONDED Director Rispin, 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:

  1. Lot B, Section 13, Range 1, Plan 17697, Cedar Land District, 1978 Cedar Road, Electoral Area �A�, owned by L. and P. Case;
  2. Lot 11, Section 12, Gabriola Island, Plan 23365, Nanaimo Land District, 464 Berg Road, Electoral Area �B�, owned by K. Ramsey and I. Harrison;
  3. Lot 5, Section 6, Gabriola Island, Plan 29233, Nanaimo Land District, 1475 Peterson Road, Electoral Area �B�, owned by A. and C. Holland;
  4. Lot 3, Sections 9 and 28, Gabriola Island, Plan 27119, Nanaimo Land District, 1985 Ferne Road, Electoral Area �B�, owned by G. McDonald;
  5. Lot 1, District Lot 35, Plan 2230 except parts in Plans 8472, 142-R and VIP56073, Nanoose Land District, 2183 Morello Road, Electoral Area �E�, owned by B. and P. Kaspar;
  6. Lot 8, District Lot 6, Plan 23588, Nanoose Land District, 2471 Schirra Drive, Electoral Area �E�, owned by R. and L. Phillips;

CARRIED

PLANNING

DEVELOPMENT PERMIT APPLICATIONS

Application No. 0103 � Frederick � 4781 Ocean Trail � Area H.

MOVED Director Quittenton, SECONDED Director Elliott, that Development Permit Application No. 0103, submitted by Gerald Frederick and Beverley Frederick, to facilitate the construction of a second storey to a single dwelling unit and vary the minimum permitted setbacks within the Residential 2 (RS2) zone from 8.0 metres to 6.6 metres for the front line and from 5.0 metres to 3.6 metres for the other lot line for the property legally described as Lot 73, District Lot 82, Newcastle District, Plan 31044, be approved subject to notification requirements pursuant to the Local Government Act.

CARRIED

Application No. 0104 � Derkach � 1051 Surfside Drive � Area G.

MOVED Director Stanhope, SECONDED Director Quittenton, that Development Permit Application No. 0104, as submitted by Linda Derkach, to facilitate the construction of a garage and second storey addition, and to vary the front lot line setback within the Residential 2 (RS2) zone from 8.0 metres to 4.5 metres for the property legally described as Lot 6, Block 1, District Lots 9 and 10, Newcastle Land District, Plan 15370, be approved subject to the notification requirements pursuant to the Local Government Act.

CARRIED

Application No. 0105 � Heringa and Rajotte/Griffin � 781 Miller Road � Area G.

MOVED Director Stanhope, SECONDED Director Quittenton, that this application be deferred for one month.

MOVED Director Rispin, SECONDED Director Quittenton, that Mr. Griffin be permitted to speak.

CARRIED

Mr. Griffin advised the Board that he had met with neighbours to discuss their concerns with the height variance and explained that the surveyor had made an error in his calculation and that he only required a variance of 2.6 metres.

Director Stanhope withdrew his motion to defer.

MOVED Director Stanhope, SECONDED Director Quittenton, that Development Permit Application No. 0105, submitted by Henry Griffin, Agent on behalf of Heringa and Rajotte, to facilitate the development of a single dwelling unit and vary the maximum permitted height within the Residential 1 (RS1) zone from 8.0 metres to 10.6 metres for the property legally described as Strata Lot 3, District Lot 28, Nanoose District, Strata Plan VIS4363 Together With an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1, be approved as submitted subject to the notification procedures pursuant to the Local Government Act.

CARRIED

DEVELOPMENT VARIANCE PERMIT

Application No. 0101 � Kevin & Wendy May � Lambert Lane � Area A.

MOVED Director Elliott, SECONDED Director Haime, that Development Variance Permit Application No. 0101, submitted by Kevin and Wendy May to facilitate the development of a single dwelling unit and vary the maximum permitted height of a structure within the Rural 4 (RU4) zone from 9.0 metres to 10.6 metres for the property legally described as Lot 1, Section 5, Cedar District, Plan VIP57053, be approved as submitted subject to the notification requirements pursuant to the Local Government Act.

CARRIED

Application No. 0102 � Tad-Mar Resources Ltd. � Richard Place � Area E.

MOVED Director Haime, SECONDED Director Elliott, that Development Variance Permit Application No. 0102, submitted by Sims and Associates, Agent to facilitate the development of a single dwelling unit and vary the maximum permitted height of a structure within the Residential 3 (RS3) zone from 8.0 metres to 8.9 metres for the property legally described as Lot 7, District Lot 78, Nanoose District, Plan VIP56437, be approved as submitted subject to the notification requirements pursuant to the Local Government Act.

CARRIED

OTHER

New FM Radio Programming License � Central Island Broadcasting � Little Mountain � Area F.

MOVED Director Krall, SECONDED Director Holdom, that Central Island Broadcasting be advised that the Regional District has no objections to the new FM license application and is willing to grant an approval in principle to the proposal.

CARRIED

Replacement Lease � Weyerhaeuser � Northwest Bay � Area E.

MOVED Director Holdom, SECONDED Director Sherry, that the Regional District of Nanaimo support the referral request pending the application and issuance of a development permit.

CARRIED

Director Young left the meeting due to a possible conflict of interest with the next item.

Request for Provision of Park Land Dedication & Creation of Non-Contiguous Parcel � WR Hutchinson, BCLS on behalf of BOA Developments Ltd. � Nanaimo River Road & South Forks Road � Area C.

MOVED Director Krall, SECONDED Director Stanhope, that the request submitted by WR Hutchinson, BCLS on behalf of BOA Developments Ltd., to offer additional dedication of park land as part of the subdivision of District Lot 3, Douglas District, be accepted in the amount and location as outlined in the staff report.

CARRIED

MOVED Director Krall, SECONDED Director McNabb, that the request for the creation of a non-contiguous parcel be approved subject to the notification requirements pursuant to the Local Government Act.

CARRIED

Director Young rejoined the meeting.

CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

MOVED Director Stanhope, SECONDED Director Sperling, that the minutes of the regular Corporate & Community Services Committee meeting held April 3, 2001, be received for information.

CARRIED

ADMINISTRATION

RDN Officers Appointment and Delegation Amendment Bylaw No. 1204.01.

MOVED Director Stanhope, SECONDED Director Macdonald, that the RDN Officers Appointment & Delegation Bylaw No. 1204 be amended to provide the Chief Administrative Officer and the General Manager of Corporate Services the power and function to issue special occasion licenses.

CARRIED

MOVED Director Stanhope, SECONDED Director Haime, that the Electoral Area Director be notified prior to approval of a special occasion license for an event held in his/her area.

MOVED Director Stanhope, SECONDED Director Haime, that "Regional District of Nanaimo Officers Appointment and Delegation Amendment Bylaw No. 1204.01, 2001" be introduced and read three times.

CARRIED

MOVED Director Stanhope, SECONDED Director Sherry, that "Regional District of Nanaimo Officers Appointment and Delegation Amendment Bylaw No. 1204.01, 2001" be adopted.

CARRIED

REGIONAL GROWTH MANAGEMENT

Growth Management Plan Review 2001-2002 � Process to Consider Changes Suggested by Member Municipalities, Electoral Areas and the Provincial Government.

MOVED Director Stanhope, SECONDED Director Macdonald, that the process for considering for member municipalities�, electoral areas�, and the provincial government�s suggested changes to the Growth Management Plan be incorporated into the Review project.

CARRIED

TRANSIT

2001/2002 Annual Operating Agreement � BC Transit/RDN.

MOVED Director Stanhope, SECONDED Director Rispin, that the 2001/2002 Annual Operating Agreement between BC Transit and the Regional District of Nanaimo for the provision of Conventional and Custom Transit services be approved.

CARRIED

HandyDART � Monthly Fare Pass.

MOVED Director Stanhope, SECONDED Director McNabb, that a HandyDART pre-paid monthly pass in the amount of $75.00, effective May 1, 2001, be approved.

CARRIED

Status Report � Transit Business Plan.

MOVED Director Stanhope, SECONDED Director Krall, that the Status Report on the Transit Business Plan Update be received for information and forwarded to public consultation.

CARRIED

COMMISSION, ADVISORY & SELECT COMMITTEE

Electoral Area A Parks, Recreation and Greenspaces Advisory Committee.

MOVED Director Stanhope, SECONDED Director Elliott, that the minutes of the Electoral Area A Parks, Recreation and Greenspaces Advisory Committee meeting held February 15, 2001, be received for information.

CARRIED

Gabriola Island Parks and Recreation Commission.

MOVED Director Stanhope, SECONDED Director Sperling, that the minutes of the Special meeting of the Gabriola Island Parks and Recreation Commission held March 5, 2001 and the regular meeting held March 19, 2001, be received for information.

CARRIED

District 69 Recreation Commission.

MOVED Director Stanhope, SECONDED Director McLean, that the minutes of the District 69 Recreation Commission meeting held March 15, 2001 be received for information.

CARRIED

MOVED Director Stanhope, SECONDED Director Macdonald, that the staff report on the Second Ice Sheet Review for District 69 be received and that the proposal from Vancouver Island Ice Sports Ltd. not be pursued and that further work be undertaken to advance the twinning of the District 69 Arena.

A recorded vote was requested.

The motion CARRIED with Directors Holme, Quittenton, Kruyt, Macdonald and Stanhope voting in the affirmative and Director McLean voting in the negative.

MOVED Director Stanhope, SECONDED Director Quittenton, that $3,000 of Community Agreement funding be approved for the Deep Bay Yacht Club Junior Sail program and that the Community Agreement funds be used to purchase a Chase Boat and VHF Radios.

CARRIED

EXECUTIVE STANDING COMMITTEE

Executive Committee.

MOVED Director Stanhope, SECONDED Director Sherry, that the minutes of the Executive Committee meeting held on Tuesday, April 3, 2001 be received for information.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that the revised Fax Machine and Personal Computer for Board members Policy be approved.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Performance Review Committee.

MOVED Director Krall, SECONDED Director Sherry, that the minutes of the Performance Review Committee meetings held March 8, March 15, March 29 and April 2, 2001, be received for information.

CARRIED

Intergovernmental Advisory Committee

MOVED Director Krall, SECONDED Director McNabb, that the minutes of the Intergovernmental Advisory Committee meeting held March 29, 2001, be received for information.

CARRIED

Selection Committee (from the meeting held April 3, 2001).

MOVED Director Sperling, SECONDED Director McLean, that an appointment not be made to the Gabriola Island Parks and Recreation Commission at this time due to restructuring of the recreation function.

CARRIED

ADMINISTRATOR�S REPORT

Liquid Waste Management � Annual Facilities Report � Permit Compliance.

MOVED Director Sherry, SECONDED Director Krall, that the summary of the annual sewage treatment facilities and permit compliance report be received.

CARRIED

Pump & Haul LSA Amendment Bylaw No. 975.22 � 1846 Ballenas Road � Area E and 2310 Alberni Highway � Area F.

MOVED Director Sherry, SECONDED Director Stanhope, that the following applications for inclusion into the pump and haul service be accepted:

Lot 24, DL 68, Plan 30341, NANOOSE LAND DISTRICT

1846 Ballenas Road

Timothy and Lorraine Davidson

Area E

Lot A, Salvation Army Lots, NANOOSE DISTRICT, Plan 1115, Except part in Plan 734 RW

2310 Alberni Highway

Donald S. Wood, Executor for Estate of Kristian Graaten (Old Country Market and Graaten Manufactured Home Park)

Area F

CARRIED

MOVED Director Sherry, SECONDED Director McLean, that "Regional District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No. 975.22, 2001", be read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

Provincial Drinking Water Protection Plan.

MOVED Director Sherry, SECONDED Director McNabb, that the report on the BC Government Drinking Water Protection Plan be received for information.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that staff be directed to prepare correspondence to the provincial government and UBCM indicating general support for the intent of the Drinking Water Protection Plan but also identifying concerns with the resource and financial issues associated with the proposed plan and requesting that before any of the plan components are legislated, thorough consideration be given to the implications for local government and its residents, and that senior government would need to provide financial assistance to communities to effectively undertake the plan.

CARRIED

ADDENDUM

Community Parks Amendment Bylaws No. 799.05 & 803.03.

MOVED Director Sperling, SECONDED Director Haime, that "Electoral Area B Community Parks Local Service Area Amendment Bylaw No. 799.05, 2001" be introduced for three readings and forwarded to Municipal Affairs for approval.

CARRIED

MOVED Director Stanhope, SECONDED Director Holdom, that "Electoral Area E Community Parks Local Service Area Amendment Bylaw No. 803.03, 2001" be introduced for three readings and forwarded to Municipal Affairs for approval.

CARRIED

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

Shelagh Gourlay, Cedar School & Community Enhancement Society, re Cedar Heritage Centre.

MOVED Director Elliott, SECONDED Director Holdom, that the Board provide a letter of support as requested in the correspondence from Shelagh Gourlay considered earlier in the meeting.

CARRIED

ADJOURNMENT

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

CARRIED

TIME: 8:20 PM.

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CHAIRPERSON GENERAL MANAGER, CORPORATESERVICES