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
Alternate
Director J. Pipes 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 L. McNabb City of Nanaimo
Alternate
Director S. Lance City of Nanaimo
Director L. Sherry City of Nanaimo
Director B. Holdom City of Nanaimo
Also in Attendance:
K. Daniels Chief Administrative Officer
C. Mason Gen. Mgr. of Corporate Services
N. Connelly Gen. Mgr. of Community Services
J. Finnie Gen. Mgr. of Environmental Services
B. Lapham Gen. Mgr. of Development Services
N. Avery Manager of Financial Services
M. Pearse Manager of Administrative Services
SPECIAL RECOGNITION
A moment of silence was observed in memory of the tragic events that occurred on September 11, 2001.
DELEGATIONS
Helen Sims, re Regional Growth Management Plan.
Mr. Atwell, speaking in place of Ms. Sims, expressed his concerns with respect to his perceived lack of process within the Regional Growth Strategy for lands that are removed from the ALR.
LATE DELEGATIONS
Brian Senini, re Pump and Haul.
MOVED Director Stanhope, SECONDED Director McNabb, that Mr. Senini be permitted to address the Board as a late delegation.
CARRIED
Mr. Senini requested the Board to change its decision and permit 5 lots in Electoral Area F into the pump and haul service since the lots meet the criteria for inclusion.
BOARD MINUTES
MOVED Director Sherry, SECONDED Director Hamilton, that the minutes of the regular Board meeting held on August 13, 2002 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Sandra Keddy, Town of Qualicum Beach, re Port Theatre.
MOVED Director Rispin, SECONDED Director Haime, that the correspondence from the Town of Qualicum Beach with respect to the Port Theatre�s request for support, be received.
CARRIED
UNFINISHED BUSINESS
Bylaw No. 1303.
MOVED Director Sperling, SECONDED Director Macdonald, that "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1303, 2002" be adopted.
CARRIED
Bylaw No. 1304.
MOVED Director Sperling, SECONDED Director Haime, that "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1304, 2002" be adopted.
CARRIED
Bylaw No. 1305.
MOVED Director Sperling, SECONDED Director Sherry, that "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1305, 2002" be adopted.
CARRIED
Bylaw No. 1306.
MOVED Director Sperling, SECONDED Director McLean, that "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1306, 2002" be adopted.
CARRIED
Bylaw No. 1307.
MOVED Director Sperling, SECONDED Director Holdom, that "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1307, 2002" be adopted.
CARRIED
STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS
ELECTORAL AREA PLANNING STANDING COMMITTEE
MOVED Director McNabb, SECONDED Director Hamilton, that the minutes of the regular Electoral Area Planning Committee meeting held August 27, 2002, be received for information.
CARRIED
PLANNING
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 0213 � Dennis/Neufeld � South Lake Road � Area H.
MOVED Director Hamilton, SECONDED Director Pipes, that Development Permit Application No. 0213, to vary the minimum setback requirements of the Comprehensive Development 9 (CD9) zone of 1.5 metres from the north and south side lot lines to 0.75 metres pursuant to the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" to legalize the location of an existing recreational residence/deck and generator shed and to permit the construction of a permanent foundation within the Environmentally Sensitive Areas Development Permit Area for the property legally described as Strata Lot 388, District Lot 251, Alberni District, Plan VIS5160, be approved subject to the requirements outlined in Schedules Nos. 1, 2 and 3 and subject to notification provisions of the Local Government Act.
CARRIED
DP Application No. 0217 � Rajotte � 791 Miller Road � Area G.
MOVED Director Hamilton, SECONDED Director Stanhope, that Development Permit Application No. 0217 to construct a dwelling unit in a Sensitive Lands Development Permit Area pursuant to the "Regional District of Nanaimo French Creek Official Community Plan Bylaw No. 1115, 1998" on the property legally described as Strata Lot 2, District Lot 28, Nanoose District, Plan VIS4363 be approved, subject to the conditions outlined in Schedule Nos. 1 and 2 of the corresponding staff report.
CARRIED
DP Application No. 0239 � Thompson � 4619 Maple Guard Drive � Area H.
MOVED Director Hamilton, SECONDED Director Pipes, that Development Permit Application No. 0239 to vary the minimum setback requirements of 18.0 metres from the stream centerline to 6.1 metres pursuant to the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" to facilitate the construction of a dwelling unit and carport; to recognize existing bank stabilization works and a septic system, and to convert an existing cabin into an accessory building within the Hazard Lands Development Permit Area on the property legally described as Lot 35, District Lot 40, Newcastle District, Plan 16121, be approved subject to the requirements outlined in Schedule Nos. 1, 2 and 3 and subject to notification requirements pursuant to the Local Government Act.
CARRIED
OTHER
Zoning Amendment Application No. 0207 � Northern Star � Anderson Avenue � Area H.
MOVED Director Hamilton, SECONDED Director Pipes, that Amendment Application No. 0207, submitted by Peter Mason and Ben Mellin, Agents, on behalf of Northern Star Developments Ltd., to rezone the subject property legally described as Lot 10, District Lot 109, Newcastle District, Plan 30254, from Rural 1 (RU1), Subdivision District �A� to Rural 1 (RU1), Subdivision District �D� be approved subject to the conditions outlined in Schedule No. 1.
CARRIED
MOVED Director Hamilton, SECONDED Director Pipes, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.288, 2002" be given 1st and 2nd reading and proceed to public hearing.
CARRIED
MOVED Director Hamilton, SECONDED Director Pipes, that the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.288, 2002" be delegated to Director Quittenton or his alternate.
CARRIED
Request for Cash in Lieu of Parkland & Relaxation of 10% Frontage Requirement � Fern Road Consulting/James Deas � Leon Road � Area H.
MOVED Director Hamilton, SECONDED Director Pipes, that the requests, submitted by Fern Road Consulting Ltd., on behalf of James Deas, for cash-in-lieu of park land dedication be accepted and to relax the minimum 10% frontage requirement for proposed Lots 7 and 8, as shown on the plan of subdivision of Lot 2, District Lot 19, Newcastle District, Plan 32575, be approved.
CARRIED
COMMITTEE OF THE WHOLE STANDING COMMITTEE
MOVED Director Stanhope, SECONDED Director McLean, that the minutes of the Committee of the Whole meeting held August 27, 2002, be received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Rob Roycroft, City of Parksville, re Port Theatre Funding.
MOVED Director Stanhope, SECONDED Director Macdonald, that the correspondence received from the City of Parksville with respect to the funding request for the Port Theatre, be received.
CARRIED
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 700 Filings.
The Chairperson listed the filing and asked that if the property owner was in the audience and wished to address the Board, to come forward when their name was called.
MOVED Director Stanhope, SECONDED Director Hamilton, 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:
The east part of Section 12, Range 2, Cranberry District, as shown on Plan 2030, except parts 13.3 acres and 29.89 acres coloured green on said plan, and except parts covered by Harewood and Overton Lakes, 2724 Extension Road, Electoral Area �C�, owned by Duart Rapton.
CARRIED
PLANNING
Agricultural Land Reserve Regulation Amendments.
MOVED Director Stanhope, SECONDED Director Hamilton, that the staff report on �Agricultural Land Reserve Regulation Amendment � Implications for the RDN� be received for information and that the staff clarify the key issues arising from the earlier presentation by the Land Reserve Commission.
CARRIED
COMMUNITY SERVICES
OTHER
RDN Public Consultation Process.
MOVED Director Stanhope, SECONDED Director Holdom, that the submission from the Northwest Nanoose Residents Association be received and that provision be made for a review of the Public Consultation/Communication Framework Policy in 2003.
CARRIED
CORPORATE SERVICES
ADMINISTRATION
Revised Voting Structure.
MOVED Director Stanhope, SECONDED Director Macdonald, that the report on the revised voting structure based on the 2001 Census Figures, be received for information.
CARRIED
Vancouver Island Regional Library Weighted Vote Formula.
MOVED Director Stanhope, SECONDED Director Hamilton, that the Regional District of Nanaimo advise the VIRL that it supports the new Weighted Vote formula in which each member jurisdiction receives 1 weighted vote plus 1 additional vote for each � percent of total VIRL tax contributions after the first � percent. Where the formula results in a fraction of a vote, normal rounding will apply.
CARRIED
Port Theatre Funding Request Bylaws No. 1318, 1319, 1320, 1321 and 1322.
MOVED Director Stanhope, SECONDED Director Elliott, that the Regional District of Nanaimo proceed to referendum on November 16, 2002, to obtain the assent of electors in Electoral Areas A, B, C, D and E to establish individual Port Theatre Contribution Local Service Areas and that the referendum questions be as follows:
i. Are you in favour of the "Electoral Area �A� Port Theatre Contribution Local Service Area Bylaw No. 1318, 2002" which, if enacted, would establish an annual contribution of $13,900 to contribute towards the operation of the Port Theatre?
ii. Are you in favour of the "Electoral Area �B� Port Theatre Contribution Local Service Area Bylaw No. 1319, 2002" which, if enacted, would establish an annual contribution of $13,915 to contribute towards the operation of the Port Theatre?
iii. Are you in favour of the "Electoral Area �C� Port Theatre Contribution Local Service Area Bylaw No. 1320, 2002" which, if enacted, would establish an annual contribution of $13,820 to contribute towards the operation of the Port Theatre?
iv. Are you in favour of the "Electoral Area �D� Port Theatre Contribution Local Service Area Bylaw No. 1321, 2002" which, if enacted, would establish an annual contribution of $12,440 to contribute towards the operation of the Port Theatre?
v. Are you in favour of the "Electoral Area �E� Port Theatre Contribution Local Service Area Bylaw No. 1322, 2002" which, if enacted, would establish an annual contribution of $19,950 to contribute towards the operation of the Port Theatre?
MOVED Director Stanhope, SECONDED Director Elliott, that the "Electoral Area A Port Theatre Contribution Local Service Area Bylaw No. 1318, 2002" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
MOVED Director Stanhope, SECONDED Director Sperling, that the "Electoral Area B Port Theatre Contribution Local Service Area Bylaw No. 1319, 2002" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
MOVED Director Stanhope, SECONDED Director Hamilton, that the "Electoral Area C Port Theatre Contribution Local Service Area Bylaw No. 1320, 2002" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
MOVED Director Stanhope, SECONDED Director Haime, that the "Electoral Area D Port Theatre Contribution Local Service Area Bylaw No. 1321, 2002" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
MOVED Director Stanhope, SECONDED Director Hamilton, that the "Electoral Area E Port Theatre Contribution Local Service Area Bylaw No. 1322, 2002" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
FINANCE
Audit Services Contract.
MOVED Director Stanhope, SECONDED Director Sherry,:
That the Board appoint the firm of Bestwick & Partners and authorize the Chairperson and General Manager of Corporate Services to enter into a five-year agreement for the provision of external financial audit services commencing with the year 2002 audit.
That a letter of appreciation be sent to the firm of McGorman MacLean for their past services.
CARRIED
Fees and Charges Amendment Bylaw No. 944.03.
MOVED Director Stanhope, SECONDED Director Holdom, that "Regional District of Nanaimo Fees and Charges Amendment Bylaw No. 944.03, 2002" be introduced for three readings.
CARRIED
MOVED Director Stanhope, SECONDED Director Rispin, that "Regional District of Nanaimo Fees and Charges Amendment Bylaw No. 944.03, 2002" having received three readings be adopted.
CARRIED
ENVIRONMENTAL SERVICES
LIQUID WASTE
GNPCC Biosolids Composting.
MOVED Director Stanhope, SECONDED Director Rispin, that the Board receive the report on the GNPCC biosolids composting contract and tendering process.
CARRIED
Driftwood Water System Contract Award.
MOVED Director Stanhope, SECONDED Director Westbroek, that the Regional District of Nanaimo award Driftwood Water System Phase I to Chet Construction for the tendered amount of $171,469.25.
CARRIED
Pump and Haul Amendment Bylaw No. 975.25.
MOVED Director Stanhope, SECONDED Director McLean, that the application for Pump and Haul for the property legally described as Lot 58, DL 78, Plan 14275, Nanoose Land District, be approved.
CARRIED
MOVED Director Stanhope, SECONDED Director Rispin, that "Regional District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No. 975.25, 2002" as amended, be read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
SOLID WASTE
Landfill Refuse Compactor Tender Award.
MOVED Director Stanhope, SECONDED Director Sherry, that the RDN enter into a lease through the MFA Leasing program, to finance the acquisition of a CAT 826 landfill refuse compactor from Finning.
CARRIED
UTILITIES
Request to Impose a Development and Construction Moratorium in the Chartwell Subdivision.
MOVED Director Stanhope, SECONDED Director Westbroek,:
That the Board direct staff to include $15,000 in the 2003 French Creek Bulk Water budget to participate in a hydrogeological study for the Englishman River and French Creek watersheds, subject to participation in the study by Qualicum Beach, Parksville and Breakwater Enterprises.
That the Board direct staff to include $3,000 in the 2003 French Creek Bulk Water budget to establish a scope, project plan and cost for a drinking water protection plan for the Arrowsmith watersheds.
That the Board direct staff to investigate the opportunities and costs of acquiring supplemental water supply for the FCWLSA users and take the necessary funds from the reserve fund money set aside for water system improvements.
That the Board support watering restrictions, including restrictions on lawn sprinkling, as a means to conserve and protect the water supply source in order to meet priority in-home and fire protection requirements.
That the Board direct staff to include in the 2003 budget, provisions for increasing water conservation awareness and education and water use patrols for residential and commercial users throughout the RDN regional water systems, to bring forward recommendations regarding water conservation rate structures for the RDN water local service areas and to prepare for the Board�s consideration a Water Use Restriction Bylaw that includes penalty mechanisms for non-compliance with RDN water-use restrictions.
That staff be requested to meet further with legal counsel and the Province to investigate means to implement a construction moratorium in the Chartwell/Sandpiper area.
That staff prepare a report on the possibility of improving water quality in the cul-de-sacs by looping the water lines.
That a newsletter be prepared (to include with Fall utility billings) to communicate to residents in Chartwell/Sandpiper the actions underway/contemplated to improve the water system (i.e. pressure improvements, long term capacity study, treatment options, reservoir study, well investigation, etc.)
That the Arrowsmith Water Service Management Committee be requested to hold a meeting in the next 2-3 weeks to discuss the capital development plan.
CARRIED
ADMINISTRATOR�S REPORT
Public Consultation Process.
MOVED Director Macdonald, SECONDED Director Sherry, that the August 23, 2002 letter from the Qualicum Beach Residents Association on the RDN public consultation process for the arena project be received.
CARRIED
RDN Administration Building Expansion Tender Award.
MOVED Director Westbroek, SECONDED Director McNabb, that the Chairperson and General Manager of Corporate Services be authorized to sign the agreement between the Regional District of Nanaimo and Windley Contracting Ltd. for the construction of an addition to the RDN Administration Building for a contract price of $1,099,779.84 excluding GST.
A recorded vote was requested.
The motion CARRIED with Directors Hamilton, Pipes, Westbroek, Sherry, Haime, Macdonald, Holdom, McNabb, Elliott, Lance and Stanhope voting in the affirmative and Directors Holme, Sperling, McLean, Korpan and Rispin voting in the negative.
City of Parksville/RDN Water Supply Agreement.
MOVED Director Macdonald, SECONDED Director Rispin, that the Board direct staff to execute the City of Parksville/Regional District of Nanaimo Water Supply Agreement with the City of Parksville.
CARRIED
Community Bond Financing for D69 Multiplex.
MOVED Director Westbroek, SECONDED Director McLean, that a Steering Committee of District 69 Directors be established to investigate and report back to the Board on the implementation of Community Bonds as a means of financing the Arena Multiplex Facility within District 69.
CARRIED
Health Permit Appeal.
MOVED Director Stanhope, SECONDED Director Macdonald, that staff be directed to file a notice of appeal with the Environmental Appeal Board on the decision by the MoH to issue a permit to construct an on-site sewage disposal system on Lot 11, Plan 1964, DL 156, Nanoose District. The grounds of the appeal would be to support the decision that additional information was required on site stratigraphy and the ability of the soils to renovate the sewage prior to it reaching the groundwater wells in the water. The decision to issue this permit should be reversed until the required information is obtained and reviewed by the MoH.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Pump & Haul.
MOVED Director McNabb, SECONDED Director Westbroek, that the 5 lots referred to in Mr. Senini�s delegation be included in the pump and haul function.
MOVED Director Stanhope, SECONDED Director Westbroek, that his item be referred back to Committee.
CARRIED
It was requested that the report include the timeframe for the change in the rules for pump and haul criteria, how pump and haul correlates to the Regional Growth Strategy and the current zoning on the 5 lots.
2003 Strategic Directions Review and Budget Direction � K. Daniels.
The Administrator outlined the upcoming dates for the Provisional Budget process.
IN CAMERA
MOVED Director Sherry, SECONDED Director Stanhope, that pursuant to Sections 242.2(1)(j) of the Local Government Act the Board proceed to an In Camera meeting to consider information which is prohibited from disclosure under Section 16(1)(c) of the Freedom of Information and Protection of Privacy Act.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director Stanhope, that this meeting terminate.
CARRIED
TIME: 8:45 PM
CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES