REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE COMMITTEE OF THE WHOLE
MEETING HELD ON TUESDAY, JANUARY 22, 2002, AT 7:30 PM
IN THE CITY OF NANAIMO COUNCIL CHAMBERS,
455 WALLACE STREET, NANAIMO, BC

Present:

Director J. Stanhope 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 G. Holme Electoral Area E
Director J. McLean Electoral Area F
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 G. Korpan City of Nanaimo
Director T. Krall City of Nanaimo
Director D. Rispin City of Nanaimo
Director B. Holdom City of Nanaimo
Director L. McNabb City of Nanaimo

Also in Attendance:
C. Mason General Manager of Corporate Services
B. Lapham General Manager of Development Services
P. Shaw Manager of Community Planning
S. Schopp Manager of Inspection & Enforcement
J. Finnie General Manager of Environmental Services
N. Connelly General Manager of Community Services
N. Tonn Recording Secretary

ELECTION OF DEPUTY CHAIRPERSON

The Chairperson called for nominations for the position of Deputy Chairperson for the year 2002.

Director Holme nominated Director Sherry.

There being no further nominations, the Chairperson declared Director Sherry Deputy Chairperson for the year 2002.

DELEGATIONS

Glen Jamieson, Mount Arrowsmith Biosphere Region, re Presentation to the Board.

Mr. Jamieson thanked the Regional District and in particular, Directors Stanhope, Holme, Westbroek and Macdonald as well as the staff for their support. In recognition of this support, the Board was presented a copy of the certificate presented to the Mount Arrowsmith Biosphere Foundation from the United Nations Educational, Scientific and Cultural Organization which designated the region for inclusion in the World Network of Biosphere Reserves.

Howard Fowler, re ALR Exclusion No. 0115 � Virginia Road � Area F.

Mr. Fowler presented an overview of his application for exclusion noting that he will accept any zoning designation in effect within the Official Community Plan and thereby deeming any amendments to either the Growth Management Plan or to the Electoral Area �F� OCP Bylaw 1152 unnecessary. It was also noted that the correct area of the applicant�s property is 12.15 hectares (30 acres).

Lee England, re Construction of an IcePlex at Arbutus Meadows � Nanoose Bay � Area E.

A verbal and visual presentation was made with respect to the proposed construction of a two storey IcePlex at Arbutus Meadows. The project will be completed in four stages and on completion, will host two ice surfaces, eight change rooms, referee rooms, zamboni servicing area, a restaurant and large capacity seating for spectators. Construction plans and a breakdown of projected income and operating expenses for the first year were distributed to Committee members. It was noted that a guarantee from District 69 for 1,520 hours of ice time must be obtained to make the proposal viable.

MINUTES

MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the regular Development Services Committee meeting held November 20, 2001, be adopted.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the regular Environmental Services Committee meeting held November 27, 2001, be adopted.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the regular Corporate and Community Services Committee meeting held December 4, 2001, be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Paula Barrett, Georgia Strait Crossing Pipeline Limited, re Pipeline Progress.

MOVED Director Holme, SECONDED Director Krall, that the correspondence received from Georgia Strait Crossing Pipeline Limited with respect to an update on the Georgia Strait Pipeline project, be received for information.

CARRIED

Walter Gray, City of Kelowna, re Provincial Cycling Network Program.

MOVED Director Holme, SECONDED Director Krall, that the correspondence received from the City of Kelowna with respect to support for the Provincial Cycling Network Program, be received for information.

CARRIED

Barry O�Neill, CUPE BC, re Community Charter.

MOVED Director Holme, SECONDED Director Krall, that the correspondence received from CUPE BC with respect to CUPE BC�s submission to the Community Charter Council, 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 Committee come forward when their name was called.

MOVED Director Krall, SECONDED Director Westbroek, 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 2, Section 16, Range 1, Plan 27225, Cedar Land District, 2022 Walsh Road, Electoral Area �A�, owned by W. Pirart;
  2. Lot A, Section 6, Ranges 1 and 2, Plan VIP68448, Cedar Land District, 2683 Cedar Road, Electoral Area �A�, owned by G. and D. Laird;
  3. Lot B, Section 19, Plan 33183, Gabriola Island, Nanaimo Land District, 900 Bertha Avenue, Electoral Area �B�, owned by C. and D. Guest;
  4. Lot 21, Section 3, Plan 23540, Gabriola Island, Nanaimo Land District, 1815 Lackehaven Drive, Electoral Area �B�, owned by D. Rinaldi;
  5. Lot 15, Section 9, Plan 30347, Gabriola Island, Nanaimo Land District, 1440 Hess Road, Electoral Area �B�, owned by P. Edge and L. Holbrook;
  6. Lot 24, Section 21, Plan 24297, Gabriola Island, Nanaimo Land District, 280 Malaspina Drive, Electoral Area �B�, owned by C. O�Dell and D. Smith;
  7. Lot 28, Section 9, Plan 30347, Gabriola Island, Nanaimo Land District, 1575 Hess Road, Electoral Area �B�, owned by R. Johannes and E. Foley;
  8. Lot E, District Lots 1 and 181, Plan 10875, Nanoose Land District, 951 Shorewood Drive, Electoral Area �E�, owned by F. Ariello;
  9. Lot 24, Block E, District Lot 38, Plan 13054, Nanoose Land District, 1392 Pilot Way, Electoral Area �E�, owned by C. Eggins;
  10. Lot 7, Block 5, District Lot 11, Plan 1223, Newcastle Land District, 230 Cortes Road, Electoral Area �G�, owned by L. and A. Jensen.

CARRIED

BYLAW ENFORCEMENT

Land Use and Building Bylaw Contraventions � D. Dorman � 2220 Cedar Road � Area A.

MOVED Director Elliott, SECONDED Director Sherry, that a Section 700 filing be placed on the title of the property legally described as Lot 1, Section 10, Range 2, Cedar District, Plan 26245 and should the outstanding land use and building bylaw concerns not be rectified by July 15, 2002, that staff be directed to proceed with the legal action necessary to ensure the property is in compliance with the requirements of both "Regional District of Nanaimo Land Use and Subdivision Bylaw 500, 1987" and "Regional District of Nanaimo Building Regulations & Fees Bylaw 1250, 2001".

CARRIED

PLANNING

ALR Exclusion No. 0115 - Fowler � Virginia Road � Area F.

MOVED Director Westbroek, SECONDED Director Macdonald, that the application for exclusion from the Agricultural Land Reserve for the property legally described as Lot 1, District Lot 141, Nanoose and Newcastle Districts, Plan 2273, Lying to the North of a Boundary Parallel to and Perpendicularly Distant 977 Feet from the Northerly Boundary of Said Lot 1, be referred to the Growth Management Review Process as an amendment consideration; thereby deferring a decision by the Board to allow the application to be considered until the Growth Management review process is completed.

DEFEATED

MOVED Director McLean, SECONDED Director McNabb, that a Board Resolution recommending the ALR exclusion application be considered for approval be forwarded to the Land Reserve Commission and that zoning designation be addressed at the time of application for subdivision.

MOVED Director Holdom, SECONDED Director Krall, that the motion be amended by adding the words "subject to an amendment to the Growth Management Plan" between the words "approval" and "be forwarded".

CARRIED

The question was called on the main motion as amended.

The motion CARRIED.

COMMUNITY SERVICES

RECREATION & PARKS

Haslam Creek Bridge Funding � Trans Canada Trail.

MOVED Director McNabb, SECONDED Director Hamilton, that a reallocation of $40,000 in capital from the Regional Parks budget for the construction of the Trans Canada Trail Haslam Creek Bridge by August 31, 2002, be approved.

CARRIED

Parkland Acquisition Fund Bylaw No. 1282 � Old Errington School.

MOVED Director McLean, SECONDED Director McNabb,:

1. That "Parkland Acquisition Fund (Electoral Area F) Expenditure Bylaw No. 1282, 2002" receive three readings.

2. That "Parkland Acquisition Fund (Electoral Area F) Expenditure Bylaw No. 1282, 2002" having received three readings, be adopted.

CARRIED

MacMillan Park in Cathedral Grove.

MOVED Director Westbroek, SECONDED Director Sherry, that the update report on the Western Canada Wilderness Committee request to the Board on the proposed expansion of MacMillan Provincial Park be received for information.

CARRIED

MOVED Director Holdom, SECONDED Director Haime,:

1. That a letter be sent to the Honourable Joyce Murray, Minister of Water, Land and Air Protection, supporting a cost benefit study regarding expanding MacMillan Provincial Park by acquiring approximately 500 hectares of private land from Weyerhaeuser which includes both old growth and second growth forest to the south of the current park, instead of the 100 hectares currently being considered where the oldest and largest giants were logged one year ago.

2. That a letter be sent to Weyerhaeuser supporting the request that they voluntarily suspend any logging in the 500 hectares adjacent to MacMillan Provincial Park for one year to give an opportunity to study and possibly acquire the lands for park expansion.

CARRIED

Community Parks Local Service Amendment Bylaw No. 805.03 � Area G and Bylaw No. 804.02 � Area F.

MOVED Director Westbroek, SECONDED Director Sherry,:

1. That "Electoral Area �G� Community Parks Local Service Requisition Amendment Bylaw No. 805.03, 2002" be given three readings and forwarded to the Inspector of Municipalities for approval.

2. That "Electoral Area �F� Community Parks Local Service Requisition Amendment Bylaw No. 804.02, 2002" be given three readings and forwarded to the Inspector of Municipalities for approval.

CARRIED

ENVIRONMENTAL SERVICES

LIQUID WASTE MANAGEMENT

Newcastle Island � Transfer of a Fee Simple Interest to the City of Nanaimo.

MOVED Director Rispin, SECONDED Director Sherry, that the Board approve the transfer of "That part of Newcastle Island, Nanaimo District, shown outlined in red on Plan 1172 RW" to the City of Nanaimo.

CARRIED

SOLID WASTE MANAGEMENT

Amendments to Water, Sewer, Garbage and Recycling Collection User Fee Rates.

MOVED Director Krall, SECONDED Director Sherry,:

1. That "Regional District of Nanaimo French Creek Sewer Specified Area Regulation and Rates Amendment Bylaw No. 422.09, 2002" be introduced for first three readings.
That "Regional District of Nanaimo French Creek Sewer Specified Area Regulation and Rates Amendment Bylaw No. 422,09, 2002" having received three readings be adopted.

2. That "Regional District of Nanaimo Nanoose Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 524.11, 2002" be introduced for first three readings.
That "Regional District of Nanaimo Nanoose Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 524.11, 2002" having received three readings be adopted.

3. That "Regional District of Nanaimo French Creek Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 619.07, 2002" be introduced for first three readings.
That "Regional District of Nanaimo French Creek Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 619.07, 2002" having received three readings be adopted.

4. That "Regional District of Nanaimo Surfside Properties Water Specified Area Regulations and Rates Amendment Bylaw No. 700.08, 2002" be introduced for first three readings.
That "Regional District of Nanaimo Surfside Properties Water Specified Area Regulations and Rates Amendment Bylaw No. 700.08, 2002" having received three readings be adopted.

5. That "Regional District of Nanaimo Arbutus Park Estates Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 726.08, 2002" be introduced for first three readings.
That "Regional District of Nanaimo Arbutus Park Estates Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 726.08, 2002" having received three readings be adopted.

6. That "Regional District of Nanaimo Madrona Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 727.08, 2002" be introduced for first three readings.
That "Regional District of Nanaimo Madrona Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 727.08, 2002" having received three readings be adopted.

7. That "Regional District of Nanaimo Fairwinds Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 764.10, 2002" be introduced for first three readings.
That "Regional District of Nanaimo Fairwinds Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 764.10, 2002" having received three readings be adopted.

8. That "Regional District of Nanaimo Fairwinds Sewerage Specified Area Regulations and Rates Amendment Bylaw No. 765.08, 2002" be introduced for first three readings.
That "Regional District of Nanaimo Fairwinds Sewerage Specified Area Regulations and Rates Amendment Bylaw No. 765.08, 2002" having received three readings be adopted.

9. That "Regional District of Nanaimo West Bay Estates Water Local Service Area Regulations and Rates Amendment Bylaw No. 815.06, 2002" be introduced for first three readings.
That "Regional District of Nanaimo West Bay Estates Water Local Service Area Regulations and Rates Amendment Bylaw No. 815.06, 2002" having received three readings be adopted.

10. That "Regional District of Nanaimo Wall Beach Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 886.05, 2002" be introduced for first three readings.
That "Regional District of Nanaimo Wall Beach Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 886.05, 2002" having received three readings be adopted.

11. That "Regional District of Nanaimo Decourcey Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 1097.03, 2002" be introduced for first three readings.
That "Regional District of Nanaimo Decourcey Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 1097.03, 2002" having received three readings be adopted.

12. That "Regional District of Nanaimo Garbage and Recyclable Materials Collection Rates Amendment Bylaw No. 1009.05, 2002" be introduced for first three readings.
That "Regional District of Nanaimo Garbage and Recyclable Materials Collection Rates Amendment Bylaw No. 1009.05, 2002" having received three readings be adopted.

CARRIED

Illegal Dumping Prevention Program � Penalties and Program Publicity.

MOVED Director Westbroek, SECONDED Director Sherry, that the Board receive the 2002 Illegal Dumping Program � Penalties and Program Publicity report for information and that as suggested by MWLAP Conservation Officer Service and the RDN Bylaw Enforcement staff, a letter not be sent to AVICC recommending a $2,000 minimum fine for illegal dumping.

CARRIED

UTILITIES/ENGINEERING

Morningstar Streetlighting LSA Boundary Amendment Bylaw No. 869.02 � Area G.

MOVED Director Holme, SECONDED Director Korpan, that "Morningstar Streetlighting Local Service Area Boundary Amendment Bylaw No. 869.02, 2002" be introduced and read three times, and forwarded to the Inspector of Municipalities for approval.

CARRIED

San Pareil Water Supply LSA Rates & Regulations Amendment Bylaw No. 1172.01 � Area G.

MOVED Director Holme, SECONDED Director McNabb,:

1. That "San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.01, 2002" be introduced and read three times.

2. That "San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.01, 2002" be adopted.

CARRIED

CORPORATE SERVICES

ADMINISTRATION

Recovery of Feasibility Study Costs for New Services.

MOVED Director Holdom, SECONDED Director Haime,:

1. That "Electoral Area A Feasibility Study Fund Bylaw No. 1271, 2002" be introduced for three readings.
That "Electoral Area A Feasibility Study Fund Bylaw No. 1271, 2002" having received three readings be adopted.

2. That "Electoral Area B Feasibility Study Fund Bylaw No. 1272, 2002" be introduced for three readings.
That "Electoral Area B Feasibility Study Fund Bylaw No. 1272, 2002" having received three readings be adopted.

3. That "Electoral Area C Feasibility Study Fund Bylaw No. 1273, 2002" be introduced for three readings.
That "Electoral Area C Feasibility Study Fund Bylaw No. 1273, 2002" having received three readings be adopted.

4. That "Electoral Area D Feasibility Study Fund Bylaw No. 1274, 2002" be introduced for three readings.
That "Electoral Area D Feasibility Study Fund Bylaw No. 1274, 2002" having received three readings be adopted.

5. That "Electoral Area E Feasibility Study Fund Bylaw No. 1275, 2002" be introduced for three readings.
That "Electoral Area E Feasibility Study Fund Bylaw No. 1275, 2002" having received three readings be adopted.

6. That "Electoral Area F Feasibility Study Fund Bylaw No. 1276, 2002" be introduced for three readings.
That "Electoral Area F Feasibility Study Fund Bylaw No. 1276, 2002" having received three readings be adopted.

7. That "Electoral Area G Feasibility Study Fund Bylaw No. 1277, 2002" be introduced for three readings.
That "Electoral Area G Feasibility Study Fund Bylaw No. 1277, 2002" having received three readings be adopted.

8. That "Electoral Area H Feasibility Study Fund Bylaw No. 1278, 2002" be introduced for three readings.
That "Electoral Area H Feasibility Study Fund Bylaw No. 1278, 2002" having received three readings be adopted.

9. That "School District 68 Feasibility Study Fund Bylaw No. 1279, 2002" be introduced for three readings.
That "School District 68 Feasibility Study Fund Bylaw No. 1279, 2002" having received three readings be adopted.

10. That "School District 69 Feasibility Study Fund Bylaw No. 1280, 2002" be introduced for three readings.
That "School District 69 Feasibility Study Fund Bylaw No. 1280, 2002" having received three readings be adopted.

11. That "Electoral Areas (All) Feasibility Study Fund Bylaw No. 1281, 2002" be introduced for three readings.
That "Electoral Areas (All) Feasibility Study Fund Bylaw No. 1281, 2002" having received three readings be adopted.

MOVED Director Holme, SECONDED Director Westbroek, that this item be referred to the next Ideas and Updates meeting.

CARRIED

COMMISSION, ADVISORY & SELECT COMMITTEE

Lantzville Parks & Open Space Advisory Committee.

MOVED Director Haime, SECONDED Director McNabb, that the minutes of the Lantzville Parks & Open Space Advisory Committee meetings held November 26, 2001 and January 7, 2002 be received for information.

CARRIED

MOVED Director Haime, SECONDED Director McNabb, that the Board of the Regional District of Nanaimo write to the BC Assets and Land Corporation to expand on the rationale for the lands and request reconsideration for a portion of DL 105 to be provided for a staging area for recreational opportunities within the Lantzville Foothills.

CARRIED

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

Lee, England, re Construction of an IcePlex at Arbutus Meadows � Nanoose Bay � Area E.

MOVED Director Holme, SECONDED Director Westbroek, that this item be referred to staff and that a report on the proposal be prepared for the Board.

CARRIED

IN CAMERA

MOVED Director Holme, SECONDED Director Westbroek, that pursuant to Section 242.2(I)(h) of the Local Government Act the Committee proceed to an In Camera meeting to consider a matter of potential litigation.

CARRIED

ADJOURNMENT

MOVED Director Holme, SECONDED Director Quittenton, that the meeting terminate.

CARRIED

TIME: 8:43 PM

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CHAIRPERSON