REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, FEBRUARY 12, 2002, 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
T. Osborne Manager of Recreation & Parks
M. Pearse Manager of Administrative Services

DELEGATIONS

Lila & John Mandziuk, re DVP Application No. 0202 � Shetland Place � Area E.

Mr. Mandziuk explained his reasons for applying for a variance on his property and requested that the Board approve his application.

Don Levirs, Parksville and District Save the Park Committee, re District 69 Arena.

Mr. Levirs outlined his concerns with respect to the arena proposal and asked the Board to look at all other alternatives.

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

Mr. Fowler requested favourable consideration of his application for exclusion of property from the Agricultural Land Reserve.

LATE DELEGATIONS

MOVED Director Westbroek, SECONDED Director Haime, that the following late delegations be permitted to address the Board.

CARRIED

Dexter Lindberg, re DVP Application No. 0202 � Mandziuk � Shetland Place � Area E.

Mr. Lindberg voiced his opposition to the variance request and urged the Board to deny the application.

Douglas Myers, re DVP Application No. 0202 � Mandziuk � Shetland Place � Area E.

Mr. Myers advised the Board that he was in total opposition to the variance request.

Arno Andreas, re DVP Application No. 0202 � Mandziuk � Shetland Place � Area E.

Mr. Andreas spoke in opposition to this variance request.

Jon Allsop, re DVP Application No. 0202 � Mandziuk � Shetland Place � Area E.

Mr. Allsop outlined his concerns with this variance and noted the affect that the proposed roof height would have on his property.

Patrick Hadley, re District 69 Arena Proposal.

Mr. Hadley commended staff on the report for the District 69 arena proposal.

Frank Horner, re District 69 Arena Proposal.

Mr. Horner spoke in support of additional ice surfaces in the District 69 area if affordable and urged Board members to investigate all possibilities and to offer the options to the public by referendum.

Gordon Cory, re Area �F� Zoning Bylaw.

Mr. Cory advised that some requests will be made for amendments on the proposed zoning for the Little Qualicum River Village in Area F.

Red Williams, re Area �F� Zoning Bylaw.

Mr. Williams voiced his opposition with the proposed Area F zoning bylaw.

Brian Henning, re Gabriola Island Parks & Recreation Committee.

Mr. Henning requested the Board to commence development of a multi purpose sports field at Rollo McClay park.

BOARD MINUTES

MOVED Director Korpan, SECONDED Director McNabb, that the minutes of the regular Board meeting held on Tuesday, January 8, 2002 be adopted.
CARRIED

COMMUNICATIONS/CORRESPONDENCE

A.D. Kemp, Thompson-Nicola Regional District, re Waste Export to the Cache Creek Landfill.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Thompson-Nicola Regional District with respect to waste export to the Cache Creek Landfill, be received.

CARRIED

Honourable Joyce Murray, Minister of Water, Land and Air Protection, re Waste Export to the Cache Creek Landfill.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from the Honourable Joyce Murray with respect to waste export to the Cache Creek Landfill, be received.

CARRIED

Shirley Hine, City of Parksville, re Request for Reduction in Water Rates at the District 69 Arena.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from the City of Parksville with respect to a request for a reduction in water rates at the District 69 Arena, be received.

CARRIED

Honourable George Abbott, Minister of Community, Aboriginal and Women�s Services, re Restructure Planning Grant for Gabriola Island Study.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from the Honourable George Abbott with respect to a restructure planning grant for a Gabriola Island study, be received.

CARRIED

Kirk Miller, Land Reserve Commission, re Improvements to BC�s Land Reserve Commission.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from the Land Reserve Commission with respect to improvements to the LRC, be received.

CARRIED

Holly Cairns, Ministry of Community, Aboriginal and Women�s Services, re Terms of Reference, Area �F� Phase 1 Boundary Options Study.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from the Ministry of Community, Aboriginal and Women�s Services with respect to the final terms of reference for the Electoral Area �F� Phase 1 Boundary Options Study, be received.

CARRIED

Carol & Geoffrey Leyland, re DVP Application No. 0202 � Mandziuk � Shetland Place � Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Carol & Geoffrey Leyland with respect to the pending application for a height variance on Lot 30 in the Schooner Ridge area of Fairwinds, be received.

CARRIED

Dexter & Catherine Lindberg, re DVP Application No. 0202 � Mandziuk � Shetland Place � Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Dexter and Catherine Lindberg with respect to Variance Permit Application No. 0202, be received.

CARRIED

Arno & Christel Andreas, re DVP Application No. 0202 � Mandziuk � Shetland Place � Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Arno and Christel Andreas with respect to an application to vary the height of the proposed dwelling on Shetland Place be received.

CARRIED

Werner Geurtsen, re DVP Application No. 0202 � Mandziuk � Shetland Place � Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Werner Geurtsen with respect to an application to vary the height of the proposed dwelling on Shetland Place be received.

CARRIED

Doug & Cheryl Myers, re DVP Application No. 0202 - Mandziuk - Shetland Place - Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Doug and Cheryl Myers with respect to an application to vary the height of the proposed dwelling on Shetland Place be received.

CARRIED

Terry Montgomery, re DVP Application No. 0202 - Mandziuk - Shetland Place - Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Terry Montgomery with respect to an application to vary the height of the proposed dwelling on Shetland Place be received.

CARRIED

Brad & Debbie Reimer, re DVP Application No. 0202 - Mandziuk - Shetland Place - Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Brad and Debbie Reimer with respect to an application to vary the height of the proposed dwelling on Shetland Place be received.

CARRIED

Norma Scoffield, re DVP Application No. 0202 - Mandziuk - Shetland Place - Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Norma Scoffield with respect to an application to vary the height of the proposed dwelling on Shetland Place be received.

CARRIED

Larry & Anita Annand, re DVP Application No. 0202 - Mandziuk - Shetland Place - Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Larry and Anita Annand with respect to an application to vary the height of the proposed dwelling on Shetland Place be received.

CARRIED

Dave Scott, re DVP Application No. 0202 - Mandziuk - Shetland Place - Area E.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Dave Scott with respect to an application to vary the height of the proposed dwelling on Shetland Place be received.

CARRIED

Janet Fallis, re DP Application No. 0201 � Sort � 1105 Surfside Drive � Area G.

MOVED Director Rispin, SECONDED Director Macdonald, that the correspondence from Janet Fallis with respect to an application to vary the height of the proposed dwelling at 1105 Surfside Drive be received.

CARRIED

UNFINISHED BUSINESS

Public Hearing.

Minutes of the Public Hearing held January 23, 2002 with respect to Bylaw No. 500.279 � Maibach Industries/Brown � 2093 South Wellington Road � Area A.

MOVED Director Elliott, SECONDED Director Hamilton, that the Summary of Proceedings of the Public Hearing held Wednesday, January 23, 2002 as a result of public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw 500.279, 2001", be received.

CARRIED

MOVED Director Hamilton, SECONDED Director Stanhope, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.279, 2001", be given 3^rd reading.

CARRIED

MOVED Director Rispin, SECONDED Director Stanhope, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.279, 2001" be referred to the Ministry of Transportation for approval prior to consideration of adoption.

CARRIED

Minutes of the Public Information Meeting held January 31, 2002 with Respect to Zoning Amendment Application No. 0107 � Senini � Dickinson Road � Area D.

MOVED Director Haime, SECONDED Director Hamilton, that the minutes for a Public Information Meeting held January 31, 2002 for Amendment Application No. 0107 submitted by Bruce Senini and Cindy Senini, to rezone the subject property legally described as Lot 2, District Lot 37, Wellington District, Plan VIP64358 from Residential 2 (RS2), Subdivision District �D� to Residential 1 (RS1), Subdivision District �F� be received for information.

CARRIED

MOVED Director Haime, SECONDED Director Stanhope, that Amendment Application No. 0107, submitted by Bruce Senini and Cindy Senini, to rezone the subject property legally described as Lot 2, District Lot 37, Wellington District, Plan VIP64358, from Residential 2 (RS2), Subdivision District �D� to Residential 1 (RS1), Subdivision District �F� be given 1^st and 2^nd reading.

CARRIED

MOVED Director Haime, SECONDED Director Hamilton, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.280, 2001" be advanced to a public hearing subject to the conditions outlined in Schedule No. 1.

CARRIED

MOVED Director Haime, SECONDED Director Hamilton, that the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.280, 2001" be delegated to Director Haime or her alternate.

CARRIED

STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS

ELECTORAL AREA PLANNING STANDING COMMITTEE.

MOVED Director Hamilton, SECONDED Director Haime, that the minutes of the regular Electoral Area Planning Committee meeting held January 22, 2002, be received for information:

CARRIED

MOVED Director Stanhope, SECONDED Director Hamilton, that the reports under the Administrator�s Report section of the agenda on Development Permit Application No. 0201 (Sort) and Development Variance Permit Application No. 0202 (Mandziuk) be brought forward and considered at this time.

CARRIED

Development Permit Application No. 0201 � Sort � 1105 Surfside Drive � Area G.

MOVED Director Stanhope, SECONDED Director Hamilton, that Development Permit Application No. 0201, as submitted by Sigmund Bering Sort and Barbara Day Sort, to facilitate the construction of a single dwelling unit within the Environmentally Sensitive and Hazard Land Development Permit Areas and to vary the maximum dwelling unit height within the Residential 2 (RS2) zone from 8.0 metres to 9.5 metres and to vary the minimum setback requirement for the front lot line from 8.0 metres to 2.75 metres for the property legally described as Lot A, District Lot 9, Newcastle District, Plan VIP54706, be approved subject to the conditions outlined in Schedule No. 1 and subject to the notification requirements pursuant to the Local Government Act.

CARRIED

Development Variance Permit Application No. 0202 � Mandziuk � Shetland Place � Area E.

MOVED Director Stanhope, SECONDED Director Quittenton, that Development Variance Permit No. 0202, submitted by John Mandziuk and Lila Mandziuk, to facilitate the construction of a dwelling unit within the Residential 1 (RS1) zone by varying the maximum height of the dwelling unit from 8.0 metres to 10.4 metres for the property legally described as Strata Lot 30, District Lot 78, Nanoose District, Plan VIS3393 Together With an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1, be denied as submitted.

CARRIED

DEVELOPMENT PERMIT APPLICATIONS

Application No. 0202 � Green � 1390 Madrona Drive � Area E.

MOVED Director Hamilton, SECONDED Director Haime, that Development Permit Application No. 0202 to permit the removal of an existing retaining wall and to replace it with a new shoreline protection device on the property legally described as Lot 13, District Lot 68, Nanoose District, Plan 26680 be approved, subject to the conditions outlined in Schedule No. 1 of the corresponding staff report.

CARRIED

Application No. 0203 � Klassen/Sims Associates � Crocus Corner � Area G.

MOVED Director Hamilton, SECONDED Director Stanhope, that Development Permit No. 0203, submitted by Helen Sims, Agent, on behalf of Mike Klassen and Lene Klassen to permit the construction of a dwelling unit, fence and patio within a Watercourse Protection Development Permit Area pursuant to the "French Creek Official Community Plan Bylaw No. 1115, 1998", to vary the minimum setback requirement for a watercourse from 15 metres to 11 metres pursuant to "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987", and to amend a section 219 (restrictive) covenant on the property legally described as Lot 5, District Lot 29, Nanoose District, Plan 45632 be approved, subject to the conditions as outlined in Schedule No. 1 and subject to notification requirements pursuant to the Local Government Act.

CARRIED

DEVELOPMENT VARIANCE PERMIT

Application No. 0201 � Mills � 2705 Shady Mile Way � Area D.

MOVED Director Haime, SECONDED Director Hamilton, that Development Variance Permit Application No. 0201, submitted by Blair Dueck, agent on behalf of Larry Mills and Marie Mills, to facilitate the development of a single dwelling unit and vary the maximum permitted dwelling unit height for the "turret" portion only within the Rural 1 (RU1) zone from 9.0 metres (29.5 feet) to 11.3 metres (37.1 feet) for the property legally described as Lot 8, Section 15, Range 4, Mountain District, Plan VIP68509, be approved as submitted subject to the notification requirements pursuant to the Local Government Act.

CARRIED

Application No. 0203 � Ronkainen/Earthy � 3452 Jingle Pot Road � Area D.

MOVED Director Hamilton, SECONDED Director Haime, that Development Variance Permit Application No. 0203 submitted by William Earthy, agent on behalf of Derek Ronkainen, for the property legally described as a Portion of the Easterly 60 Acres of Section 16, Range 3, Mountain District Except That Part in Plan 29404, VIP68415, VIP68636 and VIP72060 to vary the minimum setback requirements of the Rural 1 (RU1) zone from 8.0 metres to 1.0 metre as shown on Schedule No. 1 be approved, subject to the conditions outlined in Schedule No. 2, and subject to notification requirements pursuant to the Local Government Act.

CARRIED

COMMITTEE OF THE WHOLE STANDING COMMITTEE

MOVED Director Stanhope, SECONDED Director Krall, that the minutes of the Committee of the Whole meeting held January 22, 2002, be received for information.

COMMUNICATIONS/CORRESPONDENCE

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

MOVED Director Stanhope, SECONDED Director Sherry, 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 Stanhope, SECONDED Director Sherry, 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 Stanhope, SECONDED Director Sherry, that the correspondence received from CUPE BC with respect to CUPE BC�s submission to the Community Charter Council, be received for information.

CARRIED

DEVELOPMENT SERVICES

BUILDING INSPECTION

Section 700 Filings.

The Chairperson advised that the following filings have been rectified:

Lot 2, Section 16, Range 1, Plan 27225, Cedar Land District, 2022 Walsh Road, Electoral Area �A�, owned by W. Pirart;

Lot 15, Section 9, Plan 30347, Gabriola Island, Nanaimo Land District, 1440 Hess Road, Electoral Area �B�, owned by P. Edge and L. Holbrook.

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 Quittenton, 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 6, Ranges 1 and 2, Plan VIP68448, Cedar Land District, 2683 Cedar Road, Electoral Area �A�, owned by G. and D. Laird;

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

Lot 21, Section 3, Plan 23540, Gabriola Island, Nanaimo Land District, 1815 Lackehaven Drive, Electoral Area �B�, owned by D. Rinaldi;

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;

Lot 28, Section 9, Plan 30347, Gabriola Island, Nanaimo Land District, 1575 Hess Road, Electoral Area �B�, owned by R. Johannes and E. Foley;

Lot E, District Lots 1 and 181, Plan 10875, Nanoose Land District, 951 Shorewood Drive, Electoral Area �E�, owned by F. Ariello;

Lot 24, Block E, District Lot 38, Plan 13054, Nanoose Land District, 1392 Pilot Way, Electoral Area �E�, owned by C. Eggins;

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 Stanhope, SECONDED Director Elliott, 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 Hamilton, SECONDED Director McLean, that a Board Resolution recommending the ALR exclusion application be considered for approval, subject to an amendment to the Growth Management Plan, be forwarded to the Land Reserve Commission and that zoning designation be addressed at the time of application for subdivision.

CARRIED

COMMUNITY SERVICES

RECREATION & PARKS

Haslam Creek Bridge Funding � Trans Canada Trail.

MOVED Director Stanhope, 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 Stanhope, SECONDED Director McLean, that "Parkland Acquisition Fund (Electoral Area F) Expenditure Bylaw No. 1282, 2002" receive three readings.

A recorded vote was requested.

The motion CARRIED UNANIMOUSLY.

MOVED Director Stanhope, SECONDED Director McLean, 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 Stanhope, SECONDED Director Haime, 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 Stanhope, SECONDED Director Krall, 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.

CARRIED

MOVED Director Stanhope, SECONDED Director Krall, 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 Stanhope, SECONDED Director Hamilton, 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.

CARRIED

MOVED Director Stanhope, SECONDED Director McLean, 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 Sherry, SECONDED Director McNabb, 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.

Bylaw No. 422.09.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Bylaw No. 524.11.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Bylaw No. 619.07.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Bylaw No. 700.08.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Bylaw No. 726.08.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Bylaw No. 727.08.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Bylaw No. 764.10.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Bylaw No. 765.08.

MOVED Director Krall, SECONDED Director Rispin, that "Regional District of Nanaimo Fairwinds Sewerage Specified Area Regulations and Rates Amendment Bylaw No. 765.08, 2002" be introduced for first three readings.

CARRIED

Bylaw No. 815.06.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Bylaw No. 886.05.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Bylaw No. 1097.03.

MOVED Director Krall, SECONDED Director Rispin, 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.

CARRIED

Amendments to Garbage and Recycling Collection User Fee Rates.

MOVED Director Sherry, SECONDED Director Westbroek, that "Regional District of Nanaimo Garbage and Recyclable Materials Collection Rates Amendment Bylaw No. 1009.05, 2002" be introduced for first three readings.

CARRIED

MOVED Director Sherry, SECONDED Director Quittenton, 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 Sherry, SECONDED Director Westbroek, 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, the Regional District will decline sending a letter 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 Sherry, SECONDED Director Stanhope, 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 Sherry, SECONDED Director Stanhope, that "San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.01, 2002" be introduced and read three times.

CARRIED

MOVED Director Sherry, SECONDED Director Stanhope, that "San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.01, 2002" be adopted.

CARRIED

CORPORATE SERVICES

COMMISSION, ADVISORY & SELECT COMMITTEE

Lantzville Parks & Open Space Advisory Committee.

MOVED Director Stanhope, SECONDED Director Haime, 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 Stanhope, SECONDED Director Haime, 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

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Gabriola Island Parks and Recreation Commission.

MOVED Director Sperling, SECONDED Director Macdonald, that the minutes of the Gabriola Island Parks and Recreation Commission meeting held December 13, 2001 be received for information.

CARRIED

MOVED Director Sperling, SECONDED Director Haime, that the minutes of the Gabriola Island Parks and Recreation Commission meeting held January 21, 2002 be received for information.

CARRIED

MOVED Director Sperling, SECONDED Director Krall, that the staff report be received and that the Regional District enter into an agreement with School District No. 68 that provides for the upgrade of the Gabriola Elementary School field under the financial terms of four annual payments of $5,000 and arrangements for community use and access to the field and school facility as specified in the report.

CARRIED

MOVED Director Sperling, SECONDED Director Haime, that the staff report be received and that a water chlorination system be purchased and installed to service the washrooms and concession at Rollo McClay Community Park and that a temporary fence be placed around the perimeter of the wellhead.

CARRIED

MOVED Director Sperling, SECONDED Director Haime,:

That the Board allow the community to commence development of a multi-purpose sports field at Rollo-McClay Park immediately.

That staff be directed to use recreation function dollars to upgrade the portable on Rollo-McClay park to office standards immediately.

That the Board allow the Gabriola Recreation Society use of the portable on Rollo-McClay park during the course of delivering recreation programming for Gabriola.

CARRIED

District 69 Recreation Commission.

MOVED Director Quittenton, SECONDED Director McLean, that the minutes of the District 69 Recreation Commission meeting held January 17, 2002 be received for information.

CARRIED

MOVED Director Stanhope, SECONDED Director Macdonald, that the two temporary part time Recreation Assistant positions involved with the delivery of direct youth recreation services be extended from April 1 to December 31, 2002.

CARRIED

Growth Management Plan � Performance Review Committee.

MOVED Director Sherry, SECONDED Director Holdom, that the minutes of the Growth Management Plan Performance Review Committee meeting held January 31, 2002 be received for information.

CARRIED

ADMINISTRATOR�S REPORT

Unsightly Premises Regulatory Bylaw No. 1073, 1996 � E. Stenberg, H. O�Connor, A. Wallace � 1010 Descanso Valley Drive � Area B.

MOVED Director Sperling, SECONDED Director McNabb, that Mr. Ed Morgan be permitted to address the Board.

CARRIED

Mr. Morgan indicated that work had commenced on the clean up of the property.

MOVED Director Sperling, SECONDED Director Rispin, that this item be referred to the next meeting.

CARRIED

Director McLean requested that the Electoral Area �F� Zoning and Subdivision Bylaw No. 1285 and Electoral Area �F� Official Community Plan Amendment Bylaw No. 1152.02 report be handled following the New Business section of the agenda.

RDN Security Issuing (City of Parksville) Bylaw No. 1283.

MOVED Director Holdom, SECONDED Director Macdonald, that "Regional District of Nanaimo Security Issuing (City of Parksville) Bylaw No. 1283, 2002" receive first three readings and be forwarded to the Inspector of Municipalities for approval.

CARRIED

Provision of an Additional Ice Sheet in District 69.

MOVED Director Macdonald, SECONDED Director Westbroek, that a Request for Proposals on a public-private partnership to provide for additional ice sheets in District 69 be initiated to allow for the consideration and approval of a final project decision and a potential May 25, 2002 referendum date on either a new proposal or the Twinned Arena project at the April 9, 2002 Regional District Board meeting.

MOVED Director McLean, SECONDED Director Stanhope, that the resolution be amended to add the words "or Ice Plex" following the word "partnership".

MOVED Director Quittenton, SECONDED Director McLean, that the resolution be amended to delete the words "on a public-private partnership or Ice Plex" from the resolution.

CARRIED

The question was called on the motion, as amended.

The motion CARRIED.

MOVED Director Macdonald, SECONDED Director Westbroek, that staff bring forward a report evaluating options and costs for alternative uses for the existing District 69 Arena in the event of a twinned ice facility being provided elsewhere.

CARRIED

NEW BUSINESS

Director McLean � Conflict of Interest.

Director McLean voiced his concerns with respect to a legal opinion that was obtained from legal counsel with respect to a possibility of his being in a conflict of interest situation with the Electoral Area �F� Zoning issue.

MOVED Director McLean, SECONDED Director Haime, that the Board express non confidence in the Chair.

Chairperson Holme removed himself from the Chair and turned the meeting over to the Deputy Chairperson.

Director Holme left the meeting.

Considerable discussion took place with respect to the motion.

The question was called on the motion.

The motion was DEFEATED

Director Holme returned to the meeting and resumed the Chair.

Treaty Regional Advisory Committee. (RAC)

Director Hamilton advised that minutes from the recent RAC meeting had been circulated to every Board member.

Benefit Premium Increases.

Director Korpan read a press release from the City of Nanaimo with respect to the recent announcement made by the British Columbia Health Services Minister in regard to premium increases.

MOVED Director Korpan, SECONDED Director Stanhope, that the RDN analyze the cost implications of the recently announced MSP premium increases and voice their concerns to the Minister of Health.

CARRIED

Electoral Area �F� Zoning and Subdivision Bylaw No. 1285 and Electoral Area �F� Official Community Plan Amendment Bylaw No. 1152.02.

Director McLean left the meeting citing a possible conflict of interest should development activity occur on his property in the future.

Recorded votes were requested.

MOVED Director Stanhope, SECONDED Director Krall, that the staff report proposed "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw No. 1285, 2002" (Attachment No. 1) and "Regional District of Nanaimo Electoral Area �F� Official Community Plan Amendment Bylaw No. 1152.02, 2002" (Attachment No. 2), be received.

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

MOVED Director Stanhope, SECONDED Director Krall, that the Electoral Area �F� Official Community Plan Amendment Bylaw Consultation Strategy (Attachment No. 3) be endorsed.

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

MOVED Director Stanhope, SECONDED Director Krall, that "Regional District of Nanaimo Electoral Area �F� Official Community Plan Amendment Bylaw No. 1152.02, 2002" be introduced and given 1^st reading and referred for consultation.

MOVED Director Stanhope, SECONDED Director Hamilton, that "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw No. 1155, 2001" be rescinded.

The motion was CARRIED UNANIMOUSLY.

MOVED Director Stanhope, SECONDED Director Krall, that "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw No. 1285, 2002" be introduced and given 1^st and 2^nd reading and be referred to a public hearing.

MOVED Director Westbroek, SECONDED Director Haime, the motion be amended to give the bylaw 1^st reading only.

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

MOVED Director Holdom, SECONDED Director Stanhope, that the zoning bylaw be amended to require waste water collection services (community sewer) be supplied to a parcel in order for medium or heavy industrial uses to be allowed to reduce the potential for impact on groundwater from industrial development.

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

The question was called on the main motion.

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

Director McLean rejoined the meeting.

MOVED Director McLean, SECONDED Director Elliott, that the holding of the Public Hearing with respect to "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw No. 1285, 2002" be delegated to Director McLean or Director Stanhope as his alternate.

The motion was CARRIED UNANIMOUSLY.

MOVED Director Krall, SECONDED Director Elliott, that "Regional District of Nanaimo Planning Services Fees and Charges Bylaw No. 1259, 2002" be introduced and given 1^st, 2^nd and 3^rd readings.

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

MOVED Director Westbroek, SECONDED Director Krall, that "Regional District of Nanaimo Board of Variance Bylaw No. 1260, 2002" be introduced and given 1^st, 2^nd and 3^rd readings.

MOVED Director Westbroek, SECONDED Director Holdom, that "Regional District of Nanaimo Development Approval Procedures and Notification Bylaw No. 1261, 2002" be introduced and given 1^st, 2^nd and 3^rd readings.

The motion was CARRIED UNANIMOUSLY.

MOVED Director Westbroek, SECONDED Director McNabb, that "Regional District of Nanaimo Impact Assessment Bylaw No. 1165, 1999" be introduced and given 1^st, 2^nd and 3^rd readings.

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

MOVED Director Westbroek, SECONDED Director Krall, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.276, 2002" be introduced and given 1^st and 2^nd reading, and the Public Hearing be waived pursuant to Section 890(4) of the Local Government Act and the Bylaw be referred to Public Notification pursuant to the Local Government Act.

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

IN CAMERA

MOVED Director Sherry, SECONDED Director Rispin, that pursuant to Section 242.2 1(a) and (i) of the Local Government Act the Board proceed to an In Camera meeting to consider personal information related to the selection of candidates to a Board appointment and to consider a legal matter.

CARRIED

ADJOURNMENT

MOVED Director Sherry, SECONDED Director Krall, that this meeting be adjourned to allow for an In Camera meeting.

CARRIED

TIME: 10:13 PM

The meeting reconvened at 10:27 PM

Lantzville Parks and Open Space Advisory Committee.

MOVED Director Haime, SECONDED Director Sherry, that Dean Harvey be appointed to the Lantzville Parks and Open Space Advisory Committee for a term ending December 31, 2003.

CARRIED

Vote of Confidence.

MOVED Director Sherry, SECONDED Director Holdom, that the Board express confidence in the Chief Administrative Officer and that the media be advised.

CARRIED

Development Permit Application No. 86 � French Creek House Ltd. (John Moore) � 1055 Island Highway � Area G.

MOVED Director Stanhope, SECONDED Director Hamilton, that Development Permit No. 86, submitted by French Creek House Ltd. (John Moore) be issued subject to the conditions for approval as approved by the Board on May 14, 1996.

CARRIED

ADJOURNMENT

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

CARRIED

TIME: 10:27 PM

CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES