REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, MAY 14, 2002, AT 7:30 PM IN THE
BEBAN PARK LOUNGE

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
Alternate
Director J. Pullen 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
Alternate
Director S. Lance City of Nanaimo
Director T. Krall City of Nanaimo
Director L. McNabb City of Nanaimo
Director B. Holdom City of Nanaimo

Also in Attendance:
K. Daniels Chief Administrative Officer
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

Diane Pertson, re Proposed Amendments to Growth Management Plan � Area E.

Ms. Pertson urged Board members to promote the conservation of Crown Land and not to entertain any more development proposals for Crown Land.

Jeannette Thomson, re Proposed Amendments to Growth Management Plan � Area E.

Ms. Thomson voiced her opposition to the development of Crown Land in Electoral Area E.

Frederick Smith, re Proposed Amendments to Growth Management Plan � Area E.

Mr. Smith was not in attendance.

Brian Dempsey, re Proposed Amendments to Growth Management Plan � Area D.

Mr. Dempsey advised the Board of his concerns with the recommendations contained in the staff report on the Regional Growth Stategy as it relates to the Lantzville area.

LAGE DELEGATIONS

MOVED Director Krall, SECONDED Director Haime, that four late delegations be permitted to address the Board.

CARRIED

Ken, Kyler, re Regional Growth Management Plan.

Mr. Kyler requested the Board to streamline the Regional Growth Strategy and to table the recommendations for a couple of months to permit the Board more time to review the implications.

Dave Scott, re Regional Growth Management Plan.

Mr. Scott voiced his concerns on the complexity of the Regional Growth Strategy and its implications in the Lantzville area.

Helen Sims, re Regional Growth Management Plan.

Ms. Sims spoke of her concerns with the Regional Growth Strategy as it pertains her client�s property development in Electoral Area H.

Tom Plensky, re Water I Zone.

Mr. Plensky explained his reasons as to why the Water I zone should not exclude aquaculture.

BOARD MINUTES

MOVED Director Krall, SECONDED Director Westbroek, that the minutes of the regular Board meeting held on April 9, 2002 and the Special Board meetings held on Tuesday, April 30, 2002 and Tuesday, May 7, 2002 be adopted.

CARRIED

BUSINESS ARISING FROM THE MINUTES

District 69 Arena Twinning.

MOVED Director Stanhope, SECONDED Director Quittenton, that the Board reconsider the five resolutions approved at the May 7, 2002 Special Board Meeting regarding the holding of the District 69 Arena Referendum on June 15, 2002.

Directors Korpan, Lance, Krall and Holdom left the meeting.

The question was called on the motion.

The motion CARRIED.

Directors Rispin and McNabb left the meeting.

MOVED Director Quittenton, SECONDED Director Stanhope, that the Regional District, provide for the January 2002 arena twinning project at the existing arena site at a project cost of $6,260,000 to proceed to referendum on June 15, 2002.

DEFEATED

MOVED Director Stanhope, SECONDED Director Macdonald, that the Board endorse proceeding to referendum on June 15, 2002 to obtain voter assent for the following questions:

(i) Are you in favour of "Regional District of Nanaimo District 69 Arena Twinning Project Loan Authorization Bylaw No. 1286, 2002", which if approved, would authorize the borrowing of six million two hundred and sixty thousand dollars ($6,260,000) for the purpose of constructing a second ice sheet at the District 69 Arena located at Parksville Community Park?

(ii) Are you in favour of the Regional District of Nanaimo entering into a Lease for a term of thirty (30) years at a rental of FIVE DOLLARS ($5.00) per year for an area of approximately 6,400 m² within Parksville Community Park for the District 69 Ice Arena and accessory parking area as shown on the sketch attached to the Lease Agreement as Schedule �A�. The Lease will include the following obligations on the part of the Regional District of Nanaimo:

The payment of any taxes, rates, user fees and charges for public utilities and assessments resulting from the Regional District of Nanaimo�s occupation of the premises;

Indemnification of the City of Parksville from all liability arising from the Regional District of Nanaimo�s breach of any enactment, a defect in the premises, an injury to person or loss to property;

A requirement that the Regional District of Nanaimo take out and maintain public liability insurance for the term of the Lease;

A requirement that the Regional District of Nanaimo indemnify the City of Parksville for any liens filed against title to the land;

Maintenance of the premises to a reasonable standard.

DEFEATED

MOVED Director Stanhope, SECONDED Director Quittenton, that the "Regional District of Nanaimo District 69 Arena Twinning Project Loan Authorization Bylaw No. 1286, 2002" be introduced and given three readings and proceed to referendum to obtain voter assent.

DEFEATED

MOVED Director Stanhope, SECONDED Director Quittenton, that the Lease Agreement between Regional District of Nanaimo and the City of Parksville for the land located within the Parksville Community Park for the District 69 Arena and accessory parking be approved for a term of thirty (30) years, subject to the assent of electors.

DEFEATED

Arena Multiplex Facility.

MOVED Director Stanhope, SECONDED Director Macdonald, that the proposal put forward by RG Properties Ltd. for the construction of a twinned ice facility, with leisure ice at the Wembley Mall site, be supported.

CARRIED

MOVED Director Macdonald, SECONDED Director Stanhope, that the Regional District of Nanaimo enter into a Memorandum of Understanding with RG Properties Ltd. for the construction of a twinned ice facility, with leisure ice, at the Wembley Mall site, under the terms specified regarding Regional District operation and ownership, among other items, at a guaranteed price.

CARRIED

MOVED Director Stanhope, SECONDED Director Macdonald, that the Board endorse proceeding to referendum on June 22, 2002 to obtain voter assent for the following questions:

Are you in favour of the "Regional District of Nanaimo (Multipurpose Facility) Loan Authorization Bylaw No. 1313, 2002", which if approved, would authorize the borrowing of EIGHT million ONE hundred and TWENTY thousand dollars ($8,120,000) for the purpose of constructing a two rink multipurpose arena, with leisure ice, at the site of the Wembley Mall in the City of Parksville?

Do you approve of the proposed Partnering Agreement between the Regional District, RG Properties Ltd. ("RG Properties") and Parksville Properties Ltd. ("Parksville Properties"), a copy of which is attached to the "Regional District of Nanaimo (Multipurpose Facility) Partnering Agreement Bylaw No. 1314, 2002", under which RG Properties, through a subsidiary company, would on behalf of the Regional District design and build a two rink multipurpose arena, with leisure ice (the "Multipurpose Facility"), at the site of Wembley Mall in the City of Parksville (the "Site"), on a parcel of land that will be created and then transferred to the Regional District (the "Arena Parcel") by the Site owner, Parksville Properties Ltd.

Your approval of the Partnering Agreement will authorize the Regional District to:

Grant a restrictive covenant to Parksville Properties limiting the use of the Arena Parcel to Regional District leisure, cultural and entertainment purposes (the "Restrictive Covenant");

Enter into agreements by easement with respect to the mutual obligations of the Regional District and Parksville Properties for support of their adjoining buildings, the maintenance and repair of party walls, and for rights of access and parking over the Arena Parcel and the Site, and for the placement and maintenance of public liability insurance (the "Easements");

Agree to indemnify Parksville Properties against losses or damage resulting from the Regional District�s breach of the Restrictive Covenant or the Easements.

CARRIED

MOVED Director Stanhope, SECONDED Director Macdonald, that the "Regional District of Nanaimo (Multipurpose Facility) Loan Authorization Bylaw No. 1313, 2002" be introduced and given three readings and proceed to referendum on June 22, 2002 to obtain voter assent.

CARRIED

MOVED Director Quittenton, SECONDED Director Stanhope, that C. Mason be appointed as Chief Elections Officer and M. Pearse as Deputy Elections Officer for the referendum to be held on June 22, 2002.

CARRIED

Directors Korpan, Lance, Holdom, Krall, Rispin and McNabb returned to the meeting.

COMMUNICATIONS/CORRESPONDENCE

Kirk Miller, Land Reserve Commission, re New Legislation � Agricultural Land Commission Act; New Appointments to the Land Reserve Commission.

MOVED Director Stanhope, SECONDED Director Hamilton, that the correspondence from the Land Reserve Commission with respect to changes to the Agricultural Land Commission Act and new appointments to the Land Reserve Commission, be received.

CARRIED

Evelyn Zanatta, re DP Application No. 0222 - Mauriks/Fern Road Consulting - 1429 Dorcas Point Road - Area E.

MOVED Director Stanhope, SECONDED Director Hamilton, that the correspondence from Evelyn Zanatta advising that she has no objection to DP Application No. 0222 was received.

CARRIED

Jim & Jean Greig, re DP Application No. 0222 - Mauriks/Fern Road Consulting - 1429 Dorcas Point Road - Area E.

MOVED Director Stanhope, SECONDED Director Hamilton, that the correspondence from Jim and Jean Greig advising that they are not affected by DP Application No. 0222 was received.

CARRIED

Ruth McHaffie, re DP Application No. 0222 - Mauriks/Fern Road Consulting - 1429 Dorcas Point Road - Area E.

MOVED Director Stanhope, SECONDED Director Hamilton, that the correspondence from Ruth McHaffie advising that she has not objection to DP Application No. 0222 was received.

CARRIED

Wayne & Rebecca Gardner, re DP Application No. 0221 - Gerard/Fern Road Consulting - Amberwood Lane - Area E.

MOVED Director Stanhope, SECONDED Director Hamilton, that the correspondence from Wayne and Rebecca Gardner advising that they are not opposed to DP Application No. 0221 was received.

CARRIED

David Russell, re DP Application No. 0221 - Gerard/Fern Road Consulting - Amberwood Lane - Area E.

MOVED Director Stanhope, SECONDED Director Hamilton, that the correspondence from David Russell requesting the Board to approve the variance was received.

CARRIED

UNFINISHED BUSINESS

BYLAWS

Bylaw No. 500.281.

MOVED Director Quittenton, SECONDED Director Stanhope, that "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500.281, 2002" be given 3^rd reading and be adopted.

CARRIED

Bylaw No. 1218.01.

MOVED Director Quittenton, SECONDED Director Westbroek, that "Horne Lake Service Area Sewage Disposal Regulation Bylaw No. 1218.01, 2002" be adopted.

CARRIED

Bylaw No. 500.269.

MOVED Director Haime, SECONDED Director Hamilton, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.269, 2000" be adopted.

CARRIED

Bylaw No. 1059.02.

MOVED Director Hamilton, SECONDED Director Korpan, that "Southern Community Recreation Local Service Area Amendment Bylaw No. 1059.02, 2002" be adopted.

CARRIED

Bylaw No. 1264.

MOVED Director Haime, SECONDED Director Krall, that "Electoral Area �D� Service Establishment Bylaw No. 1264, 2002" be adopted.

CARRIED

Bylaw No. 1265.

MOVED Director Haime, SECONDED Director Krall, that "Electoral Area �D� Noise Control Regulatory Bylaw No. 1265, 2002" be adopted.

CARRIED

Bylaw No. 1283.

MOVED Director Macdonald, SECONDED Director Holdom, that "Regional District of Nanaimo Security Issuing (City of Parksville) Bylaw No. 1283, 2002" be adopted.

CARRIED

Bylaw No. 1216.02.

MOVED Director Holdom, SECONDED Director Sperling, that "Municipal Benefiting Area Amendment Bylaw No. 1216.02, 2002" be adopted.

CARRIED

Bylaw No. 791.03.

MOVED Director Stanhope, SECONDED Director Rispin, that "Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.03, 2002" be adopted.

CARRIED

Public Hearing.

Minutes of the Public Hearing held May 2, 2002 with Respect to Bylaw No. 500.282 � Land Use and Subdivision Bylaw Amendment � Chouinard � 7184 Lantzville Road � Area D.

MOVED Director Haime, SECONDED Director Hamilton, that the minutes of the Public Hearing held Thursday, May 2, 2002 as a result of public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.282, 2002" be received.

CARRIED

MOVED Director Haime, SECONDED Director Hamilton, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.282, 2002" be given 3^rd reading.

CARRIED

MOVED Director Haime, SECONDED Director Hamilton, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.282, 2002" be forwarded to the Ministry of Transportation for consideration of approval prior to the Board�s consideration of adoption of the Bylaw.

CARRIED

Minutes of the Public Hearing held March 21, 2002 with Respect to Bylaw No. 500.280 � Land Use and Subdivision Bylaw Amendment � Senini � Dickenson Road � Area D.

MOVED Director Haime, SECONDED Director Elliott, that the minutes of the Public Hearing held Thursday, March 21, 2002 as a result of public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw 500.280, 2001" be received.

CARRIED

MOVED Director Haime, SECONDED Director Elliott, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.280, 2001" be given 3^rd reading.

CARRIED

MOVED Director Haime, SECONDED Director Elliott, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.280, 2001" be referred to the Ministry of Transportation as required under the Highways Act for approval prior to the Board�s consideration of adoption.

CARRIED

Minutes of the Public Hearing held April 24, 2002 with Respect to Bylaw No. 1285 � Electoral Area �F� Zoning and Subdivision Bylaw.

MOVED Director Korpan, SECONDED Director Holdom, that the Summary of Proceedings of a Public Hearing held Wednesday, April 24, 2002 at 7:00 pm, together with all written submissions to the Public Hearing on the "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw No. 1285, 2002" be received.

CARRIED

MOVED Director Westbroek, SECONDED Director Stanhope, that "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw No. 1285, 2002" be granted 3^rd reading with a minor amendment to Schedule A to correct a typographical error to add the R-2.29 zone as recommended in the staff report.

A recorded vote was requested.

MOVED Director Westbroek, SECONDED Director Quittenton, that Bylaw No. 1285 be put to referendum in Area F.

The Chairperson ruled that the motion was out of order.

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

MOVED Director Krall, SECONDED Director Rispin, that "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw No. 1285, 2002" be forwarded to the Ministry of Transportation for consideration of approval prior to the Board�s consideration of adoption of the Bylaw.

A recorded vote was requested.

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

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 April 23, 2002, be received for information.

CARRIED

CORRESPONDENCE

Greta Taylor, re Water 1 Zone to Exclude Aquaculture.

MOVED Director Hamilton, SECONDED Director Stanhope, that the correspondence from Greta Taylor, Deep Bay Planning and Environmental Association, with respect to the proposed change in water zoning to have water 1 zone amended to exclude aquaculture as a permitted use, be received.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Zoning Amendment Application No. 0204 � PRA Holdings Ltd. � Harold Road � Area A.

MOVED Director Elliott, SECONDED Director Stanhope, that Amendment Application No. 0204 submitted by PRA Holdings Ltd. to rezone a portion of the property legally described as Lot 9, Section 12, Range 7, Cranberry District, Plan 27070 from Industrial 1 (IN1) to Industrial 2 (IN2) be advanced to a public hearing subject to the conditions outlined in Schedule No. 1.

CARRIED

MOVED Director Hamilton, SECONDED Director Elliott, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.285, 2002" be given 1^st and 2^nd reading and proceed to Public Hearing.

CARRIED

MOVED Director Hamilton, SECONDED Director Elliott, that the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.285, 2002" be delegated to Director Elliott or his alternate.

CARRIED

Zoning Amendment Application No. 9809 � Cedar View Estates Ltd. � Cedar & Hemer Roads � Area A.

MOVED Director Hamilton, SECONDED Director Elliott, that Amendment Application No. 9809 submitted by Cedar View Estates Ltd. to rezone a portion of the property legally described as Lot A, Plan VIP57874 and Lot 6, Plan VIP59634 Both of Section 14, Range 1, Cedar District from Commercial 2 (CM2) to Comprehensive Development 12 (CD12) be advanced to a public hearing subject to the conditions outlined in Schedule No. 1.

CARRIED

MOVED Director Hamilton, SECONDED Director Elliott, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.284, 2002" be given 1^st and 2^nd reading and proceed to Public Hearing.

CARRIED

MOVED Director Hamilton, SECONDED Director Elliott, that the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.284, 2002" be delegated to Director Elliott or his alternate.

CARRIED

DEVELOPMENT PERMIT APPLICATIONS

Development Permit Application No. 0215 � Fairwinds/Dafoe � 3730 Fairwinds Drive � Area E.

MOVED Director Hamilton, SECONDED Director Stanhope, that Development Permit Application No. 0215 to facilitate bank stabilization works on 45 metres of stream channel on Dolphin Creek within a Watercourse Protection Development Permit Area on the property legally described as Lot 1, District Lot 8, 30 and 78, Nanoose District, Plan 48585, Except Part in Plan 51142 be approved subject to the conditions outlined in Schedules No. 1, 2 and 3.

CARRIED

Development Permit Application No. 0218 � Rainsford � Horne Lake Cave Road � Area H.

MOVED Director Hamilton, SECONDED Director Quittenton, that Development Permit Application No. 0218 to vary the maximum floor area of the main floor of the recreational residence from 70 m² to 72 m²; the maximum floor area of the second story from 35 m² to 45 m²; and the maximum building height of 6.1 metres to 6.5 metres pursuant to the Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987 to permit the relocation of a recreational residence and to permit a landscape deck to be located a minimum of 12.5 metres from the natural boundary, the removal of vegetation, and the development of a 1 metre wide beach access within the Environmentally Sensitive Areas Development Permit Area on the property legally described as Strata Lot 26, District Lot 251, Alberni District, Plan VIS5160, be approved subject to the requirements outlined in Schedules No. 1, 2 and 3.

CARRIED

Development Permit Application No. 0220 � Bulger � Horne Lake Cave Road � Area H.

MOVED Director Hamilton, SECONDED Director Quittenton, that Development Permit Application No. 0220 to facilitate the relocation of a recreational residence and deck to be located a minimum of 8 metres, an accessory building to be located a minimum of 11 metres from the natural boundary of Horne Lake, and a 1 metre wide beach access located within the Environmentally Sensitive Areas Development Permit Area on the property legally described as Strata Lot 58, District Lot 251, Alberni District, Plan VIS5160 be approved subject to the conditions outlined in Schedules 1 and 2.

CARRIED

Development Permit Application No. 0221 � Gerard/Fern Road Consulting � Lot 14, Amberwood Lane � Area E.

MOVED Director Hamilton, SECONDED Director Stanhope, that Development Permit Application No. 0221 submitted by Helen Sims, on behalf of Patricia Gerard to facilitate construction of a single dwelling, attached patio, patio for hot tub, and retaining walls within the Watercourse Protection Development Permit Area pursuant to "Nanoose Bay Official Community Plan Bylaw No. 1118, 1998" for the property legally described as Lot 14, District Lot 78, Nanoose District, Plan 47638 be approved subject to the conditions and variances outlined in Schedule No. �1� and notification requirements pursuant to the Local Government Act.

CARRIED

Development Permit Application No. 0222 � Mauriks/Fern Road Consulting � 1429 Dorcas Point Road � Area E.

MOVED Director Hamilton, SECONDED Director Stanhope, that Development Permit Application No. 0222, submitted by Helen Sims on behalf of Patricia Mauriks to legalize the siting and renovation of an existing dwelling unit within the Watercourse Protection Development Permit Area pursuant to "Nanoose Bay Official Community Plan Bylaw No. 1118, 1998" for the property legally descried as Lot 5, District Lot 110, Nanoose District, Plan 17536 be approved subject to the conditions and variances outlined in Schedule No. �1� and notification requirements pursuant to the Local Government Act.

CARRIED

OTHER

Home Based Business Regulations � RDN Land Use and Subdivision Amendment Bylaw No. 500.286 � Areas A, C, D, E, G & H.

MOVED Director Hamilton, SECONDED Director Quittenton, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.286, 2002" be introduced and given 1^st and 2^nd reading.

CARRIED

MOVED Director Hamilton, SECONDED Director Haime, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.286, 2002" be advanced to a public hearing.

CARRIED

MOVED Director Hamilton, SECONDED Director Haime, that the public hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.286, 2002" be delegated to Director Holme or his alternate.

CARRIED

COMMITTEE OF THE WHOLE STANDING COMMITTEE

MOVED Director Stanhope, SECONDED Director Rispin, that the minutes of the Committee of the Whole meeting held April 23, 2002, be received for information.

COMMUNICATIONS/CORRESPONDENCE

Dan Whiting, School District 69, re Appointment of Trustee Barbara Terry to the D69 Recreation Commission.

MOVED Director Stanhope, SECONDED Director Krall, that the correspondence received from School District 69 with respect to the appointment of Barbara Terry to the D69 Recreation Commission, be received.

CARRIED

Jerri New, Office & Professional Employees International Union, re BC Hydro.

MOVED Director Stanhope, SECONDED Director Krall, that the correspondence received from the Office & Professional Employees International Union with respect to a resolution for the retention of BC Hydro as a complete entity within a regulated pricing structure by the provincial government, be received.

CARRIED

Charles Lang, re Regional Growth Management Plan Amendments � Horne Lake � Area H.

MOVED Director Stanhope, SECONDED Director Krall, that the correspondence received from Charles Lang with respect to the Horne Lake Draft Interim Management Plan, former pass holders and the March 27, 2002 public meeting, be received.

CARRIED

DEVELOPMENT SERVICES

BUILDING INSPECTION

Section 700 Filings.

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 Stanhope, SECONDED Director Krall, that a notice be filed against the title of the property listed, pursuant to Section 700 of the Local Government Act and that if the infractions are not rectified within ninety (90) days, legal action will be pursued:

Lot 1, Section 12, Range 3, Mountain District, 3043 Jameson Road, Electoral Area A, owned by W. Kosak;

Lot 22, Section 2, Range 6, Plan 27748, Cedar District, 3361 McGuire Way, Electoral Area A, owned by I. and D. Stewart;

Lot 25, Block 586, Plan 29314, Nanoose District, 2825 Sea Blush Drive, Electoral Area E, owned by K. Husson and T. Fallow.

CARRIED

PLANNING

OCP/Zoning Bylaw Amendment for E & N Railway Corridor.

MOVED Director Stanhope, SECONDED Director Rispin, that the Official Community Plan amendments for the E & N Railway be postponed for 1 month.

DEFEATED

Electoral Area �A� Official Community Plan

MOVED Director Stanhope, SECONDED Director Westbroek, that "Regional District of Nanaimo Electoral Area �A� Official Community Plan Bylaw Amendment Bylaw No. 1240.01, 2002" has been considered in conjunction with the Regional District of Nanaimo 2002-2007 Capital Expenditure Program Bylaw.

CARRIED

MOVED Director Stanhope, SECONDED Director Westbroek, that "Regional District of Nanaimo Electoral Area �A� Official Community Plan Bylaw Amendment Bylaw No. 1240.01, 2002" has been considered in conjunction with the provincial policy guidelines and comments from the Land Reserve Commission.

CARRIED

MOVED Director Stanhope, SECONDED Director Westbroek, that "Regional District of Nanaimo Electoral Area �A� Official Community Plan Bylaw Amendment Bylaw No. 1240.01, 2002" be given 2^nd reading and proceed to public hearing.

CARRIED

MOVED Director Stanhope, SECONDED Director Westbroek, that the holding of the Public Hearing with respect to "Regional District of Nanaimo Electoral Area �A� Official Community Plan Bylaw Amendment Bylaw No. 1240.01, 2002" be delegated to Director Holme or his alternate.

CARRIED

Electoral Area �C� Arrowsmith Benson-Cranberry Bright Official Community Plan

MOVED Director Stanhope, SECONDED Director Hamilton, that "Regional District of Nanaimo Arrowsmith Benson-Cranberry Bright Official Community Plan Bylaw Amendment Bylaw No. 1148.02, 2002" has been considered in conjunction with the Regional District of Nanaimo 2002-2007 Capital Expenditure Program Bylaw.

CARRIED

MOVED Director Westbroek, SECONDED Director Hamilton, that "Regional District of Nanaimo Arrowsmith Benson-Cranberry Bright Official Community Plan Bylaw Amendment Bylaw No. 1148.02, 2002" has been considered in conjunction with the Regional District of Nanaimo waste management plans.

CARRIED

MOVED Director Westbroek, SECONDED Director Hamilton, that "Regional District of Nanaimo Arrowsmith Benson-Cranberry Bright Official Community Plan Bylaw Amendment Bylaw No. 1148.02, 2002" has been considered in conjunction with the provincial policy guidelines and comments from the Land Reserve Commission.

CARRIED

MOVED Director Stanhope, SECONDED Director Hamilton, that "Regional District of Nanaimo Arrowsmith Benson-Cranberry Bright Official Community Plan Bylaw Amendment Bylaw No. 1148.02, 2002" be given 2^nd reading and proceed to public hearing.

CARRIED

MOVED Director Stanhope, SECONDED Director Hamilton, that the holding of the Public Hearing with respect to "Regional District of Nanaimo Arrowsmith Benson-Cranberry Bright Official Community Plan Bylaw Amendment Bylaw No. 1148.02, 2002" be delegated to Director Holme or his alternate.

CARRIED

Electoral Area �D� Lantzville Official Community Plan

MOVED Director Stanhope, SECONDED Director Haime, that "Regional District of Nanaimo Lantzville Official Community Plan Bylaw Amendment Bylaw No. 974.02, 2002" has been considered in conjunction with the Regional District of Nanaimo 2002-2007 Capital Expenditure Program Bylaw.

CARRIED

MOVED Director Stanhope, SECONDED Director Haime, that "Regional District of Nanaimo Lantzville Official Community Plan Bylaw Amendment Bylaw No. 974.02, 2002" has been considered in conjunction with the provincial policy guidelines and comments from the Land Reserve Commission.

CARRIED

MOVED Director Stanhope, SECONDED Director Westbroek, that "Regional District of Nanaimo Lantzville Official Community Plan Bylaw Amendment Bylaw No. 974.02, 2002" be given 2^nd reading and proceed to public hearing.

CARRIED

MOVED Director Stanhope, SECONDED Director Haime, that the holding of the Public Hearing with respect to "Regional District of Nanaimo Lantzville Official Community Plan Bylaw Amendment Bylaw No. 974.02, 2002" be delegated to Director Holme or his alternate.

CARRIED

Electoral Area �E� Nanoose Bay Official Community Plan

MOVED Director Stanhope, SECONDED Director Krall, that "Regional District of Nanaimo Nanoose Bay Official Community Plan Bylaw Amendment Bylaw No. 1118.03, 2002" has been considered in conjunction with the Regional District of Nanaimo 2002-2007 Capital Expenditure Program Bylaw.

CARRIED

MOVED Director Stanhope, SECONDED Director Krall, that "Regional District of Nanaimo Nanoose Bay Official Community Plan Bylaw Amendment Bylaw No. 1118.03, 2002" has been considered in conjunction with the provincial policy guidelines and comments from the Land Reserve Commission.

CARRIED

MOVED Director Stanhope, SECONDED Director Krall, that "Regional District of Nanaimo Nanoose Bay Official Community Plan Bylaw Amendment Bylaw No. 1118.03, 2002" be given 2^nd reading and proceed to public hearing.

CARRIED

MOVED Director Stanhope, SECONDED Director Krall, that the holding of the Public Hearing with respect to "Regional District of Nanaimo Nanoose Bay Official Community Plan Bylaw Amendment Bylaw No. 1118.03, 2002" be delegated to Director Holme or his alternate.

CARRIED

Electoral Area �G� Englishman River Official Community Plan

MOVED Director Westbroek, SECONDED Director Rispin, that "Regional District of Nanaimo Englishman River Official Community Plan Bylaw Amendment Bylaw No. 814.07, 2002" has been considered in conjunction with the Regional District of Nanaimo 2002-2007 Capital Expenditure Program Bylaw.

CARRIED

MOVED Director Westbroek, SECONDED Director Rispin, that "Regional District of Nanaimo Englishman River Official Community Plan Bylaw Amendment Bylaw No. 814.07, 2002" has been considered in conjunction with the provincial policy guidelines and comments from the Land Reserve Commission.

CARRIED

MOVED Director Westbroek, SECONDED Director Stanhope, that "Regional District of Nanaimo Englishman River Official Community Plan Bylaw Amendment Bylaw No. 814.07, 2002" be given 2^nd reading and proceed to public hearing.

CARRIED

MOVED Director McNabb, SECONDED Director Korpan, that the holding of the Public Hearing with respect to "Regional District of Nanaimo Englishman River Official Community Plan Bylaw Amendment Bylaw No. 814.07, 2002" be delegated to Director Holme or his alternate.

CARRIED

Electoral Area �G� French Creek Official Community Plan

MOVED Director McNabb, SECONDED Director Stanhope, that "Regional District of Nanaimo French Creek Official Community Plan Bylaw Amendment Bylaw No. 1115.02, 2002" has been considered in conjunction with the Regional District of Nanaimo 2002-2007 Capital Expenditure Program Bylaw.

CARRIED

MOVED Director McNabb, SECONDED Director Stanhope, that "Regional District of Nanaimo French Creek Official Community Plan Bylaw Amendment Bylaw No. 1115.02, 2002" has been considered in conjunction with the provincial policy guidelines and comments from the Land Reserve Commission.

CARRIED

MOVED Director Stanhope, SECONDED Director McNabb, that "Regional District of Nanaimo French Creek Official Community Plan Bylaw Amendment Bylaw No. 1115.02, 2002" be given 2^nd reading and proceed to public hearing.

CARRIED

MOVED Director Stanhope, SECONDED Director Korpan, that the holding of the Public Hearing with respect to "Regional District of Nanaimo French Creek Official Community Plan Bylaw Amendment Bylaw No. 1115.02, 2002" be delegated to Director Holme or his alternate.

CARRIED

Electoral Area �H� Shaw Hill-Deep Bay Official Community Plan

MOVED Director Quittenton, SECONDED Director Krall, that "Regional District of Nanaimo Shaw Hill-Deep Bay Official Community Plan Bylaw Amendment Bylaw No. 1007.03, 2002" has been considered in conjunction with the Regional District of Nanaimo 2002-2007 Capital Expenditure Program Bylaw.

CARRIED

MOVED Director Quittenton, SECONDED Director Krall, that "Regional District of Nanaimo Shaw Hill-Deep Bay Official Community Plan Bylaw Amendment Bylaw No. 1007.03, 2002" be considered in conjunction with the Regional District of Nanaimo Growth Management Plan.

CARRIED

MOVED Director Quittenton, SECONDED Director Krall, that "Regional District of Nanaimo Shaw Hill-Deep Bay Official Community Plan Bylaw Amendment Bylaw No. 1007.03, 2002" has been considered in conjunction with the provincial policy guidelines and comments from the Land Reserve Commission.

CARRIED

MOVED Director Stanhope, SECONDED Director Krall, that "Regional District of Nanaimo Shaw Hill-Deep Bay Official Community Plan Bylaw Amendment Bylaw No. 1007.03, 2002" be given 2^nd reading and proceed to public hearing.

CARRIED

MOVED Director Stanhope, SECONDED Director Holdom, that the holding of the Public Hearing with respect to "Regional District of Nanaimo Shaw Hill-Deep Bay Official Community Plan Bylaw Amendment Bylaw No. 1007.03, 2002" be delegated to Director Holme or his alternate.

CARRIED

Delegation of Authority Amendment Bylaw No. 1166.01 � Horne Lake � Area H.

MOVED Director Quittenton, SECONDED Director Stanhope, that "Regional District of Nanaimo Delegation of Authority Amendment Bylaw No. 1166.01, 2002" delegating authority to the General Manager to approve development permits where:

i. the applicant has requested a development permit to alter land to within 30% of the applicable development permit guidelines;

ii. the applicant has requested a development permit to enhance and restore riparian areas, fish and fish habitat; and

iii. properties are designated within Development Permit No. 5 pursuant to the "Shaw Hill-Deep Bay Official Community Plan Bylaw No. 1007, 1996", where the permitted use includes recreational residential as defined in Bylaw No. 500 for:

(1) any land alternation in connection with construction of a building or structure between 8 and 15 metres of the present natural boundary of Horne Lake and any non-structural land alteration undertaken within the development permit area; and

(2) any non-structural land alteration undertaken within the development permit area

be given three (3) readings.

CARRIED

MOVED Director Stanhope, SECONDED Director Quittenton, that "Regional District of Nanaimo Delegation of Authority Amendment Bylaw No. 1166.01, 2002", having received three (3) readings, be adopted.

CARRIED

Horne Lake Regional Park � Interim Management Plan.

MOVED Director Quittenton, SECONDED Director Stanhope, that the Interim Management Plan for Horne Lake Regional Park be endorsed and approved, thereby giving authority to proceed with opening of the Park in the spring of 2002 for uses including general camping, boating, programmed recreation and day use.

CARRIED

MOVED Director Quittenton, SECONDED Director Westbroek, that staff be authorized to establish and enter into an interim management contract with Rick Canfield for the 2002 season, subject to the acceptance of the Horne Lake Strata Corporation without prejudice to their right of first refusal on a 2003-08 management plan.

CARRIED

MOVED Director Quittenton, SECONDED Director Westbroek, that staff be authorized to proceed with the regularization of property encumbrances and anomalies at Horne Lake Regional Park, and prepare terms of reference for the preparation of a long term management and operating plan necessary to secure a 5-year operating contract.

CARRIED

CORPORATE SERVICES

ADMINISTRATION

Application for a Temporary Change to Liquor Licence � Cassidy Inn � Area A.

MOVED Director Stanhope, SECONDED Director Elliott, that the Cassidy Inn�s request for a temporary change to their Liquor Licence to provide for an extended patio area for their Show �n Shine event scheduled for June 23, 2002 be approved.

CARRIED

ENVIRONMENTAL SERVICES

LIQUID WASTE MANAGEMENT

Release of Reserve Funds for Land Purchase � Southern Community LSA Wastewater Treatment Reserve Fund Expenditure Bylaw No. 1298.

MOVED Director Stanhope, SECONDED Director Krall, that "Southern Community Local Service Area Wastewater Treatment System and Facilities Reserve Fund Expenditure Bylaw No. 1298, 2002" be introduced for three readings.

CARRIED

MOVED Director Stanhope, SECONDED Director Holdom, that "Southern Community Local Service Area Wastewater Treatment System and Facilities Reserve Fund Expenditure Bylaw No. 1298, 2002" having received three readings, be adopted.

CARRIED

Application for Infrastructure Planning Grant.

MOVED Director Stanhope, SECONDED Director Westbroek, that the Board of the Regional District of Nanaimo support the Bowser/Qualicum Bay/Dunsmuir Infrastructure Planning Grant application.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Intergovernmental Advisory Committee.

MOVED Director Rispin, SECONDED Director Westbroek, that the minutes from the Intergovernmental Advisory Committee meeting held May 1, 2002 be received for information.

CARRIED

ADMINISTRATOR�S REPORT

Request to Vary Contribution Formula � Vancouver Island Regional Library.

MOVED Director Stanhope, SECONDED Director Hamilton, that the Regional District of Nanaimo not support the change to limit the per capita cost for the Vancouver Island Regional Library levy to a range of 30% from the group average as outlined in their correspondence dated April 8^th, 2002.

CARRIED

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

MOVED Director Elliott, SECONDED Director Macdonald, that "Regional District of Nanaimo Structure Removal Bylaw No. 1262, 2001" be repealed.

CARRIED

Bring Up to Standard Bylaw No. 1294.

MOVED Director Elliott, SECONDED Director Krall, that "Regional District of Nanaimo Bring Up to Standard Bylaw No. 1294, 2002" be repealed.

CARRIED

Community Forum Report � Fairwinds Development Concept Proposal � Area E.

MOVED Director Krall, SECONDED Director Rispin, that the staff report, presentation, minutes and submissions from the April 15, 2002 Community Forum meeting on the Fairwinds Development Concept Proposal be received for information.

CARRIED

Regional Growth Strategy Bylaw No. 1309.

MOVED Director Hamilton, SECONDED Director Haime, that the Extension Mine Site be included in the urban containment boundary.

CARRIED

MOVED Director Haime, SECONDED Director Stanhope, that the urban containment boundary be amended to match the proposed sub-urban boundary as contained in the staff report.

The motion was not voted on.

MOVED Director Stanhope, SECONDED Director Macdonald, that this item be deferred for 60 days and that staff prepare a report to discuss the proposed amendments and the implications of the comments by the delegations with respect to Present Status Lands in Lantzville.

CARRIED

NEW BUSINESS

The Administrator advised that there will be a Special Board Meeting on May 21, 2002 to review the Partnering Agreement for the Arena Multiplex project.

ADJOURNMENT

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

CARRIED

TIME: 9:40 PM

CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES