REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, OCTOBER 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 L. Sherry City of Nanaimo
Director B. Holdom City of Nanaimo

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

DELEGATIONS

Jan Crossley, re Structure Removal Bylaw � 3154 DeCourcy Drive � Area A.

Ms. Crossley was not in attendance.

Jim Champoux, re Soil Conservation Permit Application No. 0104 � 3230 Palmer Road � Area F.

Mr. Champoux requested the Board�s reconsideration of the restrictions placed on his application with respect to the requirement that all the removed sand and gravel from his property is to be used in the construction of the road.

The Chairperson indicated that the request for reconsideration would be referred to the next Development Services Committee.

Ms. Crossley joined the meeting.

BOARD MINUTES

MOVED Director Sherry, SECONDED Director Stanhope, that the minutes of the regular Board meeting held on Tuesday, September 11, 2001 be adopted.
CARRIED

Jan Crossley, re Structure Removal Bylaw � 3154 DeCourcy Drive � Area A.

Ms. Crossley reviewed her concerns with respect to the infractions on her property.

COMMUNICATIONS/CORRESPONDENCE

John Burret, FCM, re Call for Resolutions.

MOVED Director Sherry, SECONDED Director Krall, that the correspondence from the Federation of Canadian Municipalities with a call for resolutions for consideration in December 2001 be received.

CARRIED

UNFINISHED BUSINESS

Horne Lake License Holders Association on behalf of Texada Land Corporation � Area H.

MOVED Director Quittenton, SECONDED Director Sherry, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.275, 2001" be adopted.

CARRIED

MOVED Director Quittenton, SECONDED Director Sherry, that Development Permit Application No. 0120 be approved with variances subject to the guidelines and conditions set out in Schedule No. 2.

CARRIED

MOVED Director Quittenton, SECONDED Director Sherry, that "Horne Lake Pump and Haul Service Establishment Bylaw No. 1217, 2001" be introduced, read three times and referred to the Inspector of Municipalities for approval.

CARRIED

MOVED Director Quittenton, SECONDED Director Sherry, that "Horne Lake Service Area Sewage Disposal Regulation Bylaw No. 1218, 2001" be introduced, read three times and referred to the Provincial Health Officer for approval.

CARRIED

MOVED Director Quittenton, SECONDED Director Westbroek, that the Board of the Regional District of Nanaimo request that the Province of British Columbia proclaim the �Horne Lake Trail� currently established by Gazette dated June 8, 1911 and in part now held by the Regional District of Nanaimo as Regional Park Statutory right-of-way, as an �Historic Trail�, similar to the historic Barkerville Wagon Trail and Alexander McKenzie Voyager Route.

CARRIED

BYLAWS

Bylaw No. 964.03.

MOVED Director Stanhope, SECONDED Director McLean, that "Dashwood Fire Protection Local Service Area Boundary Amendment Bylaw No. 964.03, 2001" be adopted.

CARRIED

Bylaw No. 975.23.

MOVED Director Rispin, SECONDED Director McLean, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.23, 2001" be adopted.

CARRIED

Bylaw No. 1239.

MOVED Director Westbroek, SECONDED Director Macdonald, that "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1239, 2001" be adopted.

CARRIED

Bylaw No. 1242.

MOVED Director Stanhope, SECONDED Director Westbroek, that "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1242, 2001" be adopted.

CARRIED

Bylaw No. 1243.

MOVED Director Stanhope, SECONDED Director Krall, that "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1243, 2001" be adopted.

CARRIED

Bylaw No. 1244.

MOVED Director Westbroek, SECONDED Director Rispin, that "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1244, 2001" be adopted.

CARRIED

Bylaw No. 1245.

MOVED Director Sherry, SECONDED Director Holdom, that "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1245, 2001" be adopted.

CARRIED

Bylaw No. 1246.

MOVED Director Stanhope, SECONDED Director McNabb, that "Regional District of Nanaimo (French Creek Bulk Water Supply) Security Issuing Bylaw No. 1246, 2001" be adopted.

CARRIED

Bylaw No. 1247.

MOVED Director Stanhope, SECONDED Director Westbroek, that "Regional District of Nanaimo (French Creek Bulk Water Supply) Security Issuing Bylaw No. 1247, 2001" be adopted.

CARRIED

Bylaw No. 1248.

MOVED Director Stanhope, SECONDED Director Macdonald, that "Regional District of Nanaimo (French Creek Bulk Water Supply) Security Issuing Bylaw No. 1248, 2001" be adopted.

CARRIED

Bylaw No. 1249.

MOVED Director Stanhope, SECONDED Director Sherry, that "Regional District of Nanaimo (French Creek Bulk Water Supply) Security Issuing Bylaw No. 1249, 2001" be adopted.

CARRIED

ADDENDUM

BYLAWS

Bylaw No. 975.24.

MOVED Director Stanhope, SECONDED Director McLean, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.24, 2001" be adopted.

CARRIED

Bylaw No. 1037.01.

MOVED Director Elliott, SECONDED Director Krall, that "Electoral Area �A� Cultural Centre Contribution Local Service Amendment Bylaw No. 1037.01, 2001" be adopted.

CARRIED

Bylaw No. 1038.01.

MOVED Director Sperling, SECONDED Director Haime, that "Electoral Area �B� Cultural Centre Contribution Local Service Amendment Bylaw No. 1038.01, 2001" be adopted.

CARRIED

Bylaw No. 1039.01.

MOVED Director Hamilton, SECONDED Director Korpan, that "Electoral Area �C� Cultural Centre Contribution Local Service Amendment Bylaw No. 1039.01, 2001" be adopted.

CARRIED

Bylaw No. 1040.01.

MOVED Director Haime, SECONDED Director Elliott, that "Electoral Area �D� Cultural Centre Contribution Local Service Amendment Bylaw No. 1040.01, 2001" be adopted.

CARRIED

Bylaw No. 1041.01.

MOVED Director Stanhope, SECONDED Director Haime, that "Electoral Area �E� Cultural Centre Contribution Local Service Amendment Bylaw No. 1041.01, 2001" be adopted.

CARRIED

Bylaw No. 813.26.

MOVED Director Stanhope, SECONDED Director Rispin, that "French Creek Sewerage Facilities Local Service Area Amendment Bylaw No. 813.26, 2001" be adopted.

CARRIED

Bylaw No. 889.18.

MOVED Director Stanhope, SECONDED Director McLean, that "Regional District of Nanaimo Northern Community Sewer Local Service Area Amendment Bylaw No. 889.18, 2001" be adopted.

CARRIED

Public Hearing.

Minutes of the Public Hearing held September 5, 2001 with respect to Home Based Business Review � Amendment Bylaws No. 500.270 & 500.272 � Areas A, C, D, E, G & H.

MOVED Director Haime, SECONDED Director Sherry, that the Summary of Proceedings of the Public Hearing held September 5^th, 2001 as a result of public notification of "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 received.

CARRIED

MOVED Director Hamilton, SECONDED Director Haime, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.270, 2001" (amendment to home-based business regulations) be given 3^rd reading, subject to the amendments listed in �Schedule No. 1�.

CARRIED

MOVED Director Macdonald, SECONDED Director Haime, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.272, 2001" (amendments to accessory building size) be given 3^rd reading.

CARRIED

MOVED Director Haime, SECONDED Director Macdonald, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.270, 2001" (amendments to home-based business regulations) be forwarded to the Ministry of Transportation pursuant to Section 54(2) of the Highways Act.

CARRIED

MOVED Director Haime, SECONDED Director Quittenton, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.272, 2001" (amendments to accessory building size) be forwarded to the Ministry of Transportation pursuant to Section 54(2) of the Highways Act.

CARRIED

DEVELOPMENT SERVICES STANDING COMMITTEE

MOVED Director Hamilton, SECONDED Director Korpan, that the minutes of the regular Development Services Committee meeting held September 18, 2001, be received for information.

CARRIED

CORRESPONDENCE/COMMUNICATIONS

Oceanside Development & Construction Association, re Bylaw No. 500.268 � Amendments to Subdivision Districts � Area E.

MOVED Director Hamilton, SECONDED Director Korpan, that the correspondence received from Oceanside Development & Construction Association with respect to clarification of the status of Bylaw No. 500.268, be received for information.

CARRIED

BUILDING INSPECTION

Section 700 Filings.

The Chairperson advised that the following infractions have been resolved:

Lot 3, Section 11, Range 7, Plan 3163, Cranberry Land District, 2180 South Wellington Road, Electoral Area �A�, owned by R. Soderstrom;

Lot B, Section 19, Plan 33183, Gabriola Island, Nanaimo Land District, 900 Bertha Avenue, Electoral Area �B�, owned by C. and D. Guest;

That part of Lot 1, Block 4, District Lot 27G (formerly known as District Lot 27), Plan 6756, Lying to the south of a boundary extending at right angles to the easterly boundary of said lot, from a point in the said easterly boundary distant 140 feet from the north easterly corner of said Lot 1, except that part in Plan 7960, Wellington Land District, 7022 Lavender Road, Electoral Area �D�, owned by M. and K. Monteiro.

The Chairperson listed the 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 Macdonald, that a notice be filed against the title 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 5, Section 16, Range 3, Plan 30151, Mountain Land District, 3126 West Road, Electoral Area �D�, owned by R. and L. Easthom.

CARRIED

PLANNING

DEVELOPMENT VARIANCE PERMIT

Application No. 0107� Pearce and Doricich � 2945 Ingram Road � Area A.

MOVED Director Hamilton, SECONDED Director Elliott, that Development Variance Permit Application No. 0107, submitted by David Pearce and Lesley Doricich, to facilitate the development of a two-car detached garage and vary the minimum setback requirement for a building or structure within a Rural 4 zone from 8.0 metres (26.3 feet) to 6.0 metres (19.7 feet) for the exterior side lot line located along Ingram Road, and from 8.0 metres (26.3 feet) to 2.0 metres (6.6 feet) for the rear lot line located along the south boundary of the subject property for the property legally described as Lot B, Section 10, Range 4, Cedar District, Plan VIP66286, be approved as submitted subject to the notification requirements pursuant to the Local Government Act..

CARRIED

OTHER

Application No. FLR 0105 � McGarrigle � Munroe Road � Area D.

MOVED Director Hamilton, SECONDED Director Haime,:

That the Board of the Regional District of Nanaimo support the application for inclusion into the Forest Land Reserve for the property legally described as The West 20 Acres of Section 15, Range 5, Mountain District, the East 20 Acres of the West 40 Acres of Section 15, Range 5, Mountain District, Parcel B (DD 8669N) of Section 15, Range 5, Mountain District.

That the application be referred to the Growth Management Review Process as a potential amendment for consideration subject to the approval of the inclusion by the Land Reserve Commission.

CARRIED

Zoning Amendment � Valentim � 2651 Island Highway � Area A.

MOVED Director Hamilton, SECONDED Director Elliott, that Amendment Application No. 0105 submitted by John and Rhonda Valentim, to rezone the subject property legally described as Lot 3, Section 6, Range 7, Cranberry District, Plan 10423 Except Parcel A (DDG95323), from Rural 4 (RU4) to Comprehensive Development 10 (CD10) be advanced to a public hearing subject to the conditions outlined in Schedule No. 1.

CARRIED

MOVED Director Hamilton, SECONDED Director McLean, that "Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.278, 2001" be given 1^st and 2^nd reading and proceed to Public Hearing.

CARRIED

MOVED Director Hamilton, SECONDED Director Quittenton, that the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.278, 2001" be delegated to Director Elliott or his alternate.

CARRIED

MOVED Director Hamilton, SECONDED Director McLean, that Schedule No. 4, Section 6.4.108.5, item 3 be amended to allow for the placement of "For Sale" signs in vehicles to distinguish them from repair vehicles.

CARRIED

Manufactured Homes in RS1 Zone � Columbia Beach � Area G.

MOVED Director Hamilton, SECONDED Director Stanhope, that the staff report outlining options with respect to restricting the siting of mobile homes or manufactured dwelling units in the Columbia Beach neighbourhood of Electoral Area �G�, be received for information and that the RS1 zoning regulations not be amended.

CARRIED

Liquor License Increased Occupancy Capacity Applications � Areas A & G.

MOVED Director Hamilton, SECONDED Director Stanhope, that the Board of the Regional District of Nanaimo recommend that the applications for increases in occupancy capacity, as submitted by Timberland Pub, legally described as R. 1, Plan 29967, District Lot 15, Bright Land District Except that Part in Plan 38105, and French Creek House Resort, legally described as Lot 1, Plan 58358, District Lot 28, Nanoose Land District, be supported, subject to the applicants meeting all zoning, building inspection and official community plan bylaw requirements.

CARRIED

ADMINISTRATOR�S REPORT

Green�s Landing Wharf � Gabriola Island.

MOVED Director Hamilton, SECONDED Director Holdom, that given the community�s interests in the Green�s Landing Wharf and the dire ramification to residents on Gabriola Island and Mudge Island if the Federal Government proceeds with plans for wharf demolition after the expiry of the Regional District�s current short term lease at the end of September, Public and Government Services Canada and BC Assets and Lands Corporation be urged to complete a transfer or long term lease arrangement for Green�s Landing Wharf with the Regional District of Nanaimo.

CARRIED

CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

MOVED Director Stanhope, SECONDED Director Sherry, that the minutes of the regular Corporate & Community Services Committee meeting held October 2, 2001 be received for information.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Gary Korpan, re Treaty Negotiations.

MOVED Director Stanhope, SECONDED Director Macdonald, that the correspondence received from Mayor Gary Korpan with respect to treaty negotiations, be received.

CARRIED

Reed Elley, re Treaty Negotiations.

MOVED Director Stanhope, SECONDED Director Rispin, that the correspondence received from Reed Elley, MP, with respect to treaty negotiations, be received.

CARRIED

ADMINISTRATION

Local Telephone Calling Area Expansions.

MOVED Director Stanhope, SECONDED Director Macdonald, that staff correspond to the CRTC supporting the following principles related to the expansion of local calling areas:

Local government authority to initiate and determine the size of the local calling area

Where costs to residential customers will exceed $1.00 per month, that an opportunity to vote on the proposal be required and be managed by the telephone service provider through a mail-in ballot sent with the telephone subscriber bill

That the expansion of a local calling area be revenue neutral to the telephone service provider

CARRIED

MOVED Director Stanhope, SECONDED Director Krall, that staff correspond with our neighbouring municipalities and Regional Districts (Cowichan Valley and Alberni-Clayoquot) to encourage them to individually correspond to the CRTC supporting the above noted principles for the expansion of local calling areas.

CARRIED

COMMISSION, ADVISORY & SELECT COMMITTEE

District 69 Recreation Commission.

MOVED Director Quittenton, SECONDED Director Stanhope, that the minutes of the District 69 Recreation Commission meeting held September 20, 2001 be received for information.

CARRIED

Gabriola Island Recreation Commission.

MOVED Director Stanhope, SECONDED Director Sperling, that the minutes of the Gabriola Island Recreation Commission meeting held September 17, 2001 be received for information.

CARRIED

MOVED Director Stanhope, SECONDED Director Sperling, that the following Grants-in-Aid applications and subsequent amounts be approved:
Gabriola Community Arts Council � Kids Art Day $ 300
Gabriola Shotokan Karate-Do 500
Gabriola Fire Department � Fireworks 500
Youth Art � Music Club 640
People for a Healthy Community � The Gathering Place 1,800
Youth Art � Art Club 2,364
Huxley Park Sports Association 3,400
Gabriola Islander Days 500
$ 10,004

CARRIED

REGIONAL GROWTH MANAGEMENT

Growth Management Plan Review � Discussion Paper � Preparation and Public Process Update.

MOVED Director Stanhope, SECONDED Director Krall, that the Growth Management Plan Review � Discussion Paper Preparation and Public Process Update report be received for information.

CARRIED

COMMISSION, ADVISORY & SELECT COMMITTEE

AVICC TAC Meeting at UBCM.

MOVED Director Stanhope, SECONDED Director Sperling, that Director Hamilton�s verbal report on the AVICC TAC meeting be received.

CARRIED

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

Treaty Negotiations.

MOVED Director Stanhope, SECONDED Director Holdom, that, in light of Mr. Elley�s correspondence to the Honourable Robert Nault, a letter be sent to Mr. Nault requesting that the proposed meeting with the City of Nanaimo also be attended by Islands Trust and the Regional District of Nanaimo.

CARRIED

MOVED Director Sherry, SECONDED Director Westbroek, that the Chairperson appoint a Select Committee of Board members to represent the Regional District at the meeting.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Intergovernmental Advisory Committee.

MOVED Director Stanhope, SECONDED Director Sherry, that the minutes from the Intergovernmental Advisory Committee meeting held September 13, 2001 be received for information.

CARRIED

Building Addition Committee.

MOVED Director Sherry, SECONDED Director Rispin, that the minutes of the Building Addition Committee meeting held October 2, 2001 be received for information.

CARRIED

MOVED Director Westbroek, SECONDED Director Stanhope, that the Board approve the construction of an addition to the RDN Administration Building which includes a Board Room with a seating capacity for an audience of 50 persons and direct staff to prepare the necessary tenders to undertake this project.

CARRIED

MOVED Director Westbroek, SECONDED Director McLean, that staff be directed to prepare the reserve fund expenditure bylaws to approve the release of funds from the Building Addition Reserve Fund to proceed with this project.

CARRIED

Administration Building Reserve Fund Expenditure Bylaw No. 1263.

MOVED Director Holdom, SECONDED Director Sherry, that "Administration Building Reserve Fund Expenditure Bylaw No. 1263, 2001" be introduced and read three times.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that "Administration Building Reserve Fund Expenditure Bylaw No. 1263, 2001" be adopted.

CARRIED

Selection Committee

MOVED Director Elliott, SECONDED Director McLean, that Michelle Honeyman be appointed to the EA ''A'' Parks, Recreation & Greenspace Advisory Committee for a term ending December 31, 2002.

CARRIED

ADMINISTRATOR�S REPORT

Structural Removal Bylaw No. 1262 � Crossley � 3154 DeCourcy Drive � Area A.

MOVED Director Elliott, SECONDED Director Sherry, that "Regional District of Nanaimo Structure Removal Bylaw No. 1262, 2001" be introduced and given three (3) readings.

CARRIED

MOVED Director Elliott, SECONDED Director Sherry, that "Regional District of Nanaimo Structure Removal Bylaw No. 1262, 2001", having received three (3) readings, be adopted.

CARRIED

MOVED Director Elliott, SECONDED Director Sherry, that staff be authorized to proceed with legal action if necessary to ensure compliance.

CARRIED

Amendment to Apportionment Formula for the Northern Community Sewer Local Service Area Bylaw No. 889.19.

MOVED Director Sherry, SECONDED Director McNabb, that "Regional District of Nanaimo Northern Community Sewer Local Service Area Amendment Bylaw No. 889.19, 2001" be introduced for three readings and be forwarded to the Inspector of Municipalities for approval.

CARRIED

French Creek Pollution Control Centre Biosolids Composting Contract Award.

MOVED Director Sherry, SECONDED Director McLean, that Evansdale Farms Ltd. be awarded the contract for composting biosolids from FCPCC for $59.99 per tonne.

MOVED Director McLean, SECONDED Director Westbroek, that the resolution be amended to add "and that the contract be retendered at the termination of the contract".

CARRIED

The question was called on the main motion, as amended.

The motion CARRIED.

Garbage Collection and Recycling Program Contract Award.

MOVED Director Sherry, SECONDED Director Stanhope, that the Board award a five year contract for region wide collection of garbage and recyclables with additional plastics collection to Salish Disposal.

CARRIED

Landfill and Transfer Station Yard Waste Composting Contract Award.

MOVED Director Sherry, SECONDED Director Stanhope, that Evansdale Farms Ltd. Be awarded the contract for composting yard waste from the Regional Landfill and Church Road Transfer Station for $42.50 and $32.50 per tonne respectively.

MOVED Director McLean, SECONDED Director Westbroek, that the resolution be amended to add "and that the contract be retendered at the termination of the contract".

CARRIED

The question was called on the main motion, as amended.

The motion CARRIED.

NEW BUSINESS

Sewage Treatment.

MOVED Director Quittenton, SECONDED Director Krall, that the Chairperson of the Regional District of Nanaimo write to the President of UBCM suggesting that an emphasis be placed on sewage treatment at the Whistler meeting and that preference be given to vendors of sewage treatment processes and equipment for exhibition booth space at the Whistler meeting.

CARRIED

IN CAMERA

MOVED Director Sherry, SECONDED Director Rispin, that pursuant to Section 242.2 1(e) and (h) of the Local Government Act the Board proceed to an In Camera meeting to consider matters related to land acquisition and potential litigation.

CARRIED

ADJOURNMENT

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

CARRIED

TIME: 8:25 PM

CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES