REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, JULY 10, 2001, 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
Alternate
Director M. Young Electoral Area C
Director D. Haime Electoral Area D
Director J. McLean Electoral Area F
Alternate
Director M. Klee 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
Alternate
Director R. Cantelon City of Nanaimo
Director B. Holdom City of Nanaimo

Also in Attendance:
B. Lapham Gen. Mgr. of Development Services
C. Mason Gen. Mgr. of Corporate Services
C. McIver Manager of Solid Waste
M. Donnelly Manager of Transportation Services
M. Pearse Manager of Administrative Services

DELEGATIONS

MOVED Director Westbroek, SECONDED Director Klee, that Ms. Kamble, Mr. Macdonald, Rev. Dynna and Danny Lahl be permitted to speak as late delegations.

CARRIED

Murray Hamilton, re Horne Lake.

Mr. Hamilton voiced his opinions with respect to a bare land strata subdivision as opposed to a lease proposal, that the Horne Lake Licensee Holders Association be given the option to operate the campground and as well that consideration be given to a different format to establish subdivision and school site acquisition fees for this project.

Shirley Kambic, re DVP Application No. 0105 � 2347 South Wellington � Area A.

Ms. Kambic spoke with respect to their development variance permit and urged the Board to approve the application.

Carl Macdonald, re Special Event Permit Application � Joyfest � Area E.

Mr. Macdonald provided information about the Joyfest Festival and requested Board members to approve the application and the times as outlined in the report.

Rev. Marvin Dynna, re Special Event Permit Application � Joyfest � Area E.

Rev. Dynna advised the Board that the property on Nanoose Bay Road has been conducting various functions for a number of years and voiced his concerns with respect to the precedent this application may have on future activities and hopes that a resolution can be found for the Joyfest event.

Danny Lahl, re Special Event Permit Application � Joyfest � Area E.

Mr. Lahl reviewed the activities planned for the Joyfest Festival and urged Board members to approve the special event permit application with the recommended hours as noted in the report.

BOARD MINUTES

MOVED Director Rispin, SECONDED Director Krall, that the minutes of the regular Board meeting held on Tuesday, June 12, 2001 be adopted.
CARRIED

COMMUNICATIONS/CORRESPONDENCE

George Abbott, Minister of Community, Aboriginal and Women�s Services, re Provincial Government restructuring.

MOVED Director McLean, SECONDED Director Macdonald, that the correspondence from the Minister of Community, Aboriginal and Women�s Services, regarding Provincial Government restructuring, be received.

CARRIED

John Burrett, FCM, re Request to Submit Resolutions of National Municipal Interest.

MOVED Director McLean, SECONDED Director Macdonald, that the correspondence from the Federation of Canadian Municipalities regarding the resolution submission for the FCM National Board of Directors� consideration, be received.

CARRIED

Linda Ohman, re DVP Application No. 0105 - 2347 South Wellington - Area A.

MOVED Director McLean, SECONDED Director Macdonald, that the correspondence from Ms. Ohman with respect to DVP Application No. 0105 be received.

CARRIED

Eric Smith, re Frontage Relaxation - MacLeod - 2403 Nanoose Road - Area E.

MOVED Director McLean, SECONDED Director Macdonald, that the correspondence from Mr. Smith with respect to the frontage relaxation application at 2403 Nanoose Road be received.

CARRIED

Matthew and Candace MacLeod, re Frontage Relaxation - 2403 Nanoose Road - Area E.

MOVED Director McLean, SECONDED Director Macdonald, that the correspondence from Mr. and Ms. MacLeod with respect to the frontage relaxation application at 2403 Nanoose Road be received.

CARRIED

Hector and Lily MacLeod, re Frontage Relaxation - 2403 Nanoose Road - Area E.

MOVED Director McLean, SECONDED Director Macdonald, that the correspondence from Mr. and Ms. MacLeod with respect to the frontage relaxation application at 2403 Nanoose Road be received.

CARRIED

UNFINISHED BUSINESS

Bylaw No. 500.262 � Land Use and Subdivision Amendment Bylaw � Ciammaichella � 6430 Phantom Road � Area D.

MOVED Director Haime, SECONDED Director Macdonald, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.262, 2000" be adopted.

CARRIED

Bylaw No. 500.275 � Horne Lake License Holders Association on behalf of Texada Land Corporation � Area H.

MOVED Director Quittenton, SECONDED Director Westbroek, that the option for the Horne Lake Licensee Holders Association to assume the management of Block 40 be reinstated.

CARRIED

MOVED Director Quittenton, SECONDED Director Westbroek, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.275, 2001" be given 1st and 2nd reading and proceed to a public hearing subject to completion of the agreements and undertakings as outlined in the staff report (including Schedule No. 1).
CARRIED

MOVED Director Krall, SECONDED Director Westbroek, that the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.275, 2001" be delegated to Director Quittenton or his alternate.

CARRIED

DEVELOPMENT SERVICES STANDING COMMITTEE

MOVED Director Klee, SECONDED Director Holdom, that the minutes of the regular Development Services Committee meeting held June 19, 2001 be received for information.

CARRIED

UNFINISHED BUSINESS

From June 12, 2001 Board Meeting.

Matt MacLeod � 2403 Nanoose Road � Area E.

MOVED Director McLean, SECONDED Director Haime, that the request from Matt MacLeod, on behalf of Matt MacLeod and Candace MacLeod, to relax the minimum 10% perimeter frontage requirement for proposed parcels, as shown on the Plan of Proposed Subdivision of Lot 2, District Lot 130, Nanoose District, Plan VIP62561, be approved and that a letter indicating Mr. MacLeod�s support for inclusion within the sewer boundary be accepted in support of the decision to approve the frontage relaxation.

CARRIED

CORRESPONDENCE/COMMUNICATIONS

Oceanside Development & Construction Association, re Amendment to Section 879 of the Local Government Act.

MOVED Director Westbroek, SECONDED Director Haime,:

That the correspondence from Oceanside Development & Construction Association, re Amendment to Section 879 of the Local Government Act, be received.

That Oceanside Development & Construction Association be recognized by the Regional District as a referral organization and that a letter to this effect be sent to them.

CARRIED

Joseph Calenda, City of Colwood, re Bylaw Courts.

MOVED Director Holdom, SECONDED Director Klee, that the correspondence from Joseph Calenda, City of Colwood, re Bylaw Courts, be received.

CARRIED

Sandra Keddy, Town of Qualicum Beach, re Home Based Business Review.

MOVED Director Westbroek, SECONDED Director Holdom, that the correspondence from Sandra Keddy, Town of Qualicum Beach, re Home Based Business Review, be received.

CARRIED

BUILDING INSPECTION

Section 700 Filings.

The Chairperson advised the Board that the following filing has been resolved:

Lot 1, Section 18, Range 3, Cedar District, Plan 24306, except parts in Plans 30692, 44695, and VIP5589, owned by Donna MacNaughton;

The Chairperson listed the remaining filing and asked that if the property owner was the audience wishing to address the Board, to come forward when their name was called.

MOVED Director Krall, SECONDED Director Holdom, 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 4, District Lot 67, Plan 29941, Nanoose District, owned by Steven Gaucher.

CARRIED

PLANNING

DEVELOPMENT PERMIT APPLICATION

Application No. 0109 � Barclay/Sims, Lot 1, DL 110, Nanoose District, Plan 17536, Electoral Area �E� � 1389 Dorcas Point Road.

MOVED Director Haime, SECONDED Director McLean, that Development Permit Application No. 0109, to permit the construction of a boat launch rail system within the Watercourse Protection Development Permit Area on the property legally described as Lot 1, DL 110, Nanoose District, Plan 17536, be approved subject to the conditions outlined in Schedule No. 1 and that the ramp must be kept in good repair or must be removed.

CARRIED

DEVELOPMENT VARIANCE PERMIT

Application No. 0105 - Kambic - 2347 South Wellington - Area A.

MOVED Director Elliott, SECONDED Director McLean, that Development Variance Permit No. 0105, submitted by Joseph and Shirley Kambic, to legalize two existing accessory buildings by varying the minimum setback requirement for a rear lot line within the Residential 2 (RS2) zone from 2.0 metres (6.6 feet) to 0.0 metres (0.0 feet) and the other lot line located along Michener Avenue from 5.0 metres (16.4 feet) to 0.0 metres (0.0 feet) for the property legally described as Lot C (DD EG114354), Block 10, Section 9, Range 7, Cranberry District, Plan 2055, be approved as submitted subject to Schedule 1 of the staff report and notification requirements pursuant to the Local Government Act.

CARRIED

OTHER

Home Based Business Review - Land Use & Subdivision Amendment Bylaw No. 500.270 and Land Use and Subdivision Amendment Bylaw No. 500.272 - Electoral Areas A, C, D, E, G & H.

MOVED Director Quittenton, SECONDED Director Haime, that the staff report, minutes from the meetings on the Home Based Business Draft Strategy and written submissions from the public and referral agencies be received for information.

CARRIED

MOVED Director Quittenton, SECONDED Director Krall, that staff be directed to investigate noise bylaws for Electoral Areas �D� and �H�.

CARRIED

MOVED Director Quittenton, SECONDED Director Haime, that Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.270, 2001 be given 1st and 2nd reading and proceed to a public hearing (amendments to Home Based Business Regulations).

CARRIED

MOVED Director Quittenton, SECONDED Director Krall, that Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.272, 2001 be given 1st and 2nd reading and proceed to a public hearing (amendments to accessory building size provisions).

CARRIED

MOVED Director Quittenton, SECONDED Director Haime, that the public hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.270, 2001" and "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.272, 2001" be delegated to Director Holme or his alternate.

CARRIED

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

Robin Cole & Neil Christensen, re Water, Safety, Noise, Air Quality and Industrial Traffic Issues.

MOVED Director Holdom, SECONDED Director Krall, that staff consider the concerns and issues raised by the owners/residents of Allsbrook Road and report back to the Development Services Committee with recommendations on how to potentially address these concerns.

CARRIED

ENVIRONMENTAL SERVICES STANDING COMMITTEE

MOVED Director Westbroek, SECONDED Director Klee, that minutes of the regular Environmental Services Committee meeting held June 26, 2001 be received for information.
CARRIED

CORRESPONDENCE/COMMUNICATIONS

Marie Crawford, UBCM, re Provincial response to 2000 Resolution from RDN Board concerning Regional Health Authority Sewage Disposal Applications.

MOVED Director Krall, SECONDED Director Elliott, that the correspondence from Marie Crawford, UBCM, re Provincial response to 2000 Resolution from RDN Board concerning Regional Health Authority Sewage Disposal Applications be received for information.

CARRIED

LIQUID WASTE/UTILITIES

Southern Community Sewer Local Service Area Development Cost Charge Amendment Bylaw No. 1020.02.

MOVED Director Holdom, SECONDED Director Macdonald, that the Development Cost Charges Bylaw for the Southern Community sewer service area be amended.

CARRIED

MOVED Director Holdom, SECONDED Director Krall, that "Southern Community Sewer Local Service Area Development Cost Charge Amendment Bylaw No. 1020.02,2001" be introduced and read three times, and be forwarded to the Inspector of Municipalities for approval.

CARRIED

Electoral Area A (MacMillan Road School Site) Sewer Local Service Area Rates and Regulations Bylaw No. 1237.

MOVED Director Elliott, SECONDED Director Haime, that "Electoral Area A (MacMillan Road School Site) Sewer Local Service Area Rates and Regulations Bylaw No. 1237, 2001" be introduced for first three readings.

CARRIED

MOVED Director Elliott, SECONDED Director Sherry, that "Electoral Area A (MacMillan Road School Site) Sewer Local Service Area Rates and Regulations Bylaw No. 1237, 2001" having received three readings be adopted.

CARRIED

SOLID WASTE

Garbage Collection and Recycling Program - Status of Contract Re-Tender.

MOVED Director Westbroek, SECONDED Director Rispin, that the status report on garbage and recycling curbside collection be received by the Board.

CARRIED

Yard Waste Collection Program.

MOVED Director Klee, SECONDED Director McLean, that the status report on the development and implementation of a curbside yard waste collection program to service urban households throughout the RDN be received for information.

A recorded vote was requested.

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

 

Waste Export Fee - Rate Adjustment Formula.

MOVED Director Krall, SECONDED Director Westbroek, that the Board request to the GVS&DD that the contract for waste disposal at Cache Creek be amended to change the annual fee adjustment formula from a December index to an Annual Average Index.

CARRIED

Regional Landfill Cell Closure Contract.

MOVED Director Westbroek, SECONDED Director Holdom, that the "2001 Regional Landfill Cell Closure" contract be awarded to Hazelwood Construction for the tendered price of $258,766.60.

CARRIED

OTHER

Quennell Lake Drainage & Flood Control Local Services - Abandonment of Initiative.

MOVED Director Elliott, SECONDED Director Rispin, that in accordance with the residents� request, the Board approves abandoning further attempts to establish a Quennell Lake drainage local service.

CARRIED

MOVED Director Elliott, SECONDED Director Rispin, that staff be directed to advise the residents that if they wish to pursue this drainage issue further, they would need to do so through independent litigation.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Performance Review Committee.

MOVED Director Krall, SECONDED Director Macdonald, that the minutes of the Performance Review Committee meeting held on June 20, 2001 be received for information.

CARRIED

Lantzville Parks & Open Space Committee.

MOVED Director Haime, SECONDED Director Krall, that the minutes of the Lantzville Parks & Open Space Committee meeting held on June 4, 2001 be received for information.
CARRIED

Nanoose Bay Parks and Open Space Project Advisory Committee.

MOVED Director Krall, SECONDED Director Rispin, that Carol Barker, David Helem, Debbie Kuhn, Arthur Lightburn and Paula Young be appointed to the Nanoose Bay Parks & Open Space Project Advisory Committee.

CARRIED

ADMINISTRATOR�S REPORT

Port Theatre Society Request for Funding.

MOVED Director Haime, SECONDED Director Westbroek, that only those Electoral Areas that wish to continue contributions to the Port Theatre have bylaws amended to establish a fixed annual contribution to the Port Theatre, either at the current contribution level or at an amended level and that Electoral Area Directors be given the choice of whether they would like this issue to go to referendum in November of 2002.

A recorded vote was requested.

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

School Sites Acquisition Agreement Amendment � School District No. 69.

MOVED Director Macdonald, SECONDED Director Westbroek, that School District No. 69 agree to replace the current charge levied, as a result of the School Sites Acquisition Agreement between the Regional District and School District No. 69, with an interim flat rate charge of $26.00 per development unit.

MOVED Director Krall, SECONDED Director McLean, that this item be referred back to Committee for discussion.

CARRIED

Unsightly Premises � Maibach � Schoolhouse Road at Kipp Road � Area A.

MOVED Director Elliott, SECONDED Director Westbroek, that should the property maintenance concerns not be rectified by July 10, 2001, pursuant to the "Unsightly Premises Regulatory Bylaw No. 1073, 1996", the Board direct the owner of the property legally described as Lot 1, Plan 12009, Section 13, Range 6, Cranberry Land District except part in plan 3372RW to remove from the premises, those items as set out in the staff resolution within fourteen (14) days, or the work will be undertaken by the Regional District�s agents as the owner�s cost.

CARRIED

Mutual Aid Agreement Between the RDN on behalf of Nanoose Fire Protection Society & CF Maritime Experimental Test Ranges.

MOVED Director Rispin, SECONDED Director Holdom, that the Chairperson and Secretary be authorized to sign the Mutual Aid Agreement between the Regional District of Nanaimo and CF Maritime Experimental Test Ranges which establishes the terms and conditions for the provision of mutual aid services between the Nanoose Fire Protection Society (Nanoose Volunteer Fire Department) and CF Maritime Experimental Test Ranges.

CARRIED

Errington Fire Department � Vehicle Acquisition Proposal.

MOVED Director McLean, SECONDED Director Westbroek, that the Errington Fire Department be authorized to approach the Province of BC Coastal Fire Service with an offer to trade firefighting vehicles, with an overall budget target of $130,000.

MOVED Director McLean, SECONDED Director Korpan, that this item be referred back to Committee and that the Errington Fire Department be requested to appear as a delegation.

CARRIED

ADDENDUM

Special Event Permit Application � Joyfest � August 3, 4 & 5 � Area E.

MOVED Director Quittenton, SECONDED Director Westbroek, that a Special Event Permit be issued to Joyfest for a 3 day Music Festival to be held at 2531 Nanoose Beach Road on August 3, 4 & 5, 2001 and that amplified music be permitted between the hours of 11:00 am to 10:30 pm on Friday and Saturday and 11:00 am to 4:00 pm on Sunday.

CARRIED

ADJOURNMENT

MOVED Director Rispin, SECONDED Director Westbroek, that this meeting adjourn to provide for an in camera session.

CARRIED

TIME: 8:45 PM

IN CAMERA

MOVED Director Rispin, SECONDED Director Haime, that pursuant to Sections 242.2(l)(c) and (h) of the Local Government Act the Board proceed to an In Camera meeting to consider matters related to employee negotiations and potential litigation.
CARRIED

The meeting reconvened at 8:55 pm.

Driftwood Water LSA Initiative - Community Water Connection to 1900 Delanice Way - Area E.

MOVED Director Westbroek, SECONDED Director Haime, that Strata Lots 1, 2 and 3, Plan VIS 3905, Nanoose Land District be considered for connection to community water if for health or environmental reasons supported by letter from the Central Vancouver Island Health Region or the Ministry of Environment, respectively, or in consideration of the 1980 Statutory Right-of-Way Agreement between the RDN and Driftwood Beach Estates that originally granted community water to subdivision development of the then Lot C, Plan 14848, and further, that connection then only be provided if the property owners agree to register covenants on title against further subdivision of the properties, water connections for each property be restricted to a single family residence via a 20 mm service connection, and the property owners extend the main and service to their properties at their cost.

CARRIED

ADJOURNMENT

MOVED Director McLean, SECONDED Director Rispin, that this meeting terminate.

CARRIED

TIME: 8:57 PM

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CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES