Present:
Director McNabb Chairperson
Alternate
Director H. Kreiberg Electoral Area A
Director G. Lund Electoral Area B
Director E. Hamilton Electoral Area C
Director D. Haime Electoral Area D
Director P. Bibby Electoral Area E
Director L. Biggemann Electoral Area F
Alternate
Director M. Klee Electoral Area G
Director D. Bartram Electoral Area H
Director R. Longmuir City of Parksville
Director T. Westbroek Town of Qualicum Beach
Director G. Korpan City of Nanaimo
Director R. Cantelon City of Nanaimo
Alternate
Director J. Manhas 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
J. Finnie Gen. Mgr. of Environmental Services
B. Lapham Gen. Mgr. of Development Services
N. Connelly Gen. Mgr. of Community Services
M. Pearse Manager of Administrative Services
The Chairperson welcomed Alternate Directors Kreiberg, Klee and Manhas to the meeting.
BOARD MINUTES
MOVED Director Sherry, SECONDED Director Hamilton, that the minutes of the regular Board meeting held on January 14, 2003 and the Special Board meeting held on January 28, 2003 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Jim Abram, BC Citizens for Public Power, re BC Hydro.
MOVED Director Westbroek, SECONDED Director Cantelon, that the correspondence from BC Citizens for Public Power with respect to proposed Provincial legislation to break up BC Hydro, be received.
CARRIED
MOVED Director Westbroek, SECONDED Director Sherry, that, as noted in Mr. Abram�s letter, the Board:
Director Holdom requested that the resolutions be dealt with seriatim.
The question was called on the first resolution.
The motion CARRIED.
MOVED Director Westbroek, SECONDED Director Holdom, that the second resolution be amended and that correspondence be sent to the Province indicating disappointment with the lack of public consultation in the transfer of employees to Accenture.
CARRIED
Hans Cunningham, UBCM, re Rural/Small Communities Police Costs.
MOVED Director Westbroek, SECONDED Director Cantelon, that the correspondence from the Union of BC Municipalities with respect to a provincial consideration to implement a new police cost formula in rural and small communities, be received.
CARRIED
Liza Hood, Weyerhaeuser, re DP Application No. 0303 � Askew � 1465 E. Island Highway � Area E.
MOVED Director Westbroek, SECONDED Director Cantelon, that the correspondence from Weyerhaeuser with respect to Development Permit application No. 0303, be received.
CARRIED
UNFINISHED BUSINESS
BYLAWS
Bylaw No. 1224.01.
MOVED Director Bartram, SECONDED Director Cantelon, that "Regional District of Nanaimo Sewage Disposal Regulation Amendment Bylaw No. 1224.01, 2002" be adopted.
CARRIED
Bylaw No. 500.280.
MOVED Director Hamilton, SECONDED Director Haime, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.280, 2001" be adopted.
CARRIED
ELECTORAL AREA PLANNING STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Haime, that the minutes of the Electoral Area Planning Committee meeting held January 28, 2003 be received for information.
CARRIED
PLANNING
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 0301 � Juthans/Murphy � 5489 Deep Bay Drive � Area H.
MOVED Director Hamilton, SECONDED Director Bartram, that Development Permit Application No. 0301, submitted by Sven Juthans and Colleen Murphy for the property legally described as Lot 39, District Lot 1, Newcastle District, Plan 20442, requesting to:
1. Vary the minimum setback for the front lot line
a) From 8.0 metres to 3.3 metres to accommodate the existing garage and courtyard;
b) From 8.0 metres to 0.0 metres to accommodate the existing woodshed;
2. Vary the eastern interior lot line setback
a) From 2.0 metres to 1.2 metres to accommodate the existing workshop at the rear of the parcel;
b) From 2.0 metres to 0.0 metres to accommodate the existing woodshed;
3. Vary the minimum setback requirement from the natural boundary
a) From 15 metres to 6.9 metres to accommodate the existing workshop at the rear of the parcel;
b) From 15 metres to 4.5 metres to accommodate the existing retaining wall;
be approved, subject to the siting provisions outlined in Schedules No. 1 and 2 excluding location of hot tub structure and subject to the notification requirements pursuant to the Local Government Act.
MOVED Director Hamilton, SECONDED Director Bartram, that the application be referred back to staff to allow for further consideration of the proposed siting of the hot tub structure and to allow for discussion with the property owner(s).
CARRIED
DP Application No. 0302 � Guy (Percora Holdings/Coast Distributors) � 6855 Mart Road � Area D.
MOVED Director Hamilton, SECONDED Director Haime, that Development Permit Application No. 0302 by Alex Guy on behalf of Percora Holdings � Coast Distributor Ltd. with variance to relax the minimum �other lot lines� setback requirement from 5.0 metres to 0 metres for the property legally described as Lot 11, District Lot 44, Wellington District, (situated in Nanoose District), Plan 15245 to accommodate an addition to a warehouse, be approved subject to Schedules No. 1, 2, 3 and 4 and the notification requirements pursuant to the Local Government Act.
CARRIED
DP Application No. 0303 � Askew � 1465 E. Island Highway � Area E.
MOVED Director Hamilton, SECONDED Director Bibby, that Development Permit No. 0303, submitted by Gord Bragg, Agent, on behalf of Robert Askew, Grant Armstrong and Danny Curran, to legalize the operations of Hub City RV Ltd. within an Industrial 1 (IN1) zone by varying the minimum permitted setbacks from specified �other� lot lines from 5.0 metres to 0.0 metres to accommodate on-site parking areas, and to vary the signage requirements on the property legally described as Lot 3, District Lot 56, Nanoose District, Plan 11289, Except That Part Road Only, Plan 39893, be approved subject to notification procedures pursuant to the Local Government Act and subject to the conditions outlined in Schedule 1.
CARRIED
DP Application No. 0304 � Stranaghan Enterprises Ltd. (Riverside Resort) � 3506 West Island Highway � Area G.
MOVED Director Hamilton, SECONDED Director Haime, that Development Permit Application No. 0304 submitted by Stranaghan Enterprises Ltd., to replace an 18-hole mini golf course within the Natural Hazardous Development Permit Area on the property legally described as Lot 1, District Lot 9, Newcastle District, Plan 11274, be approved, subject to the conditions outlined in Schedules No. 1, 2 and 3 of the corresponding staff report and the notification requirements pursuant to the Local Government Act.
CARRIED
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
DVP Application No. 0301 � Hilchey/Gauthier � 1348 Leask Road � Area A.
MOVED Director Hamilton, SECONDED Director Bibby, that Development Variance Permit Application No. 0301 by Gauthier Development Limited on behalf of Hilchey, to legalize a retaining wall with guardrail and decking by varying the �top of bank� setback requirement from 8.0 metres to 0.6 metres and varying both �interior side lot line� setbacks from 2.0 metres to 0.0 metres, and further, to vary the setback from the sea and the rear property line to 0 metres to allow for the construction of a stairway from the top of the retaining wall to property line adjacent the sea, for the property legally described as Lot B, Section 19, Range 5, Cedar District, Plan 25757, be approved, subject to Schedules No. 1, 2, 3 and 4 and to the notification requirements pursuant to the Local Government Act.
CARRIED
DVP Application No. 0302 � Kardynal � 1881 � Sea Lion Crescent � Area E.
MOVED Director Hamilton, SECONDED Director Bibby, that Development Variance Permit Application No. 0302, to relax the minimum interior side lot line setback requirement from 2.0 metres to 1.2 metres to legalize an existing accessory garage building, for the property legally described as Lot 10, District Lot 78, Nanoose District, Plan 28202, be approved subject to Schedule No. 1 and the notification requirements pursuant to the Local Government Act.
CARRIED
OTHER
Request for Relaxation of the Minimum Perimeter Frontage Requirement � Fern Road Consulting Ltd. on Behalf of Simon Bibby � 1843/1845 Swayne Road � Area F.
MOVED Director Hamilton, SECONDED Director Biggemann,:
That the Board reconsider its resolution of May 1996 and allow requests for the minimum 10% perimeter frontage requirements for the subdivision of parcels in Electoral Area �F� to be considered only where the proposal is consistent with the minimum lot size requirements and permitted land uses provisions of Bylaw No. 1285, 2002 for all proposed lots;
That the request, submitted by Fern Road Consulting Ltd., on behalf of Simone Bibby, to relax the minimum lot frontage requirement for proposed Lot A, as shown on the plan of subdivision of East 5 Chains of Block 30, District Lot 140, Nanoose District, Plan 1918, be approved.
CARRIED
Director Klee left the meeting citing a possible conflict of interest with the next item.
Request for Acceptance of Park Land Cash in Lieu of Park Land � Sims Associates on Behalf of Beausoleil Enterprises Ltd. � 2100 & 2130 Errington Road � Area F.
MOVED Director Hamilton, SECONDED Director Biggemann, that the request, submitted by Sims Associates, BCLS, on behalf of Beausoleil Enterprises Ltd., pursuant to Section 941 of the Local Government Act, offering to dedicate park land in conjunction with the proposed subdivision of Lots 5 and 6, both of District Lot 98, Nanoose District, Plan 31789 be refused and the applicant be required to provide cash in-lieu-of park land dedication.
CARRIED
Director Klee rejoined the meeting.
Protection & Control of Foreshore Development Through Zoning Bylaws.
MOVED Director Hamilton, SECONDED Director Haime, that the staff report be received for information.
CARRIED
MOVED Director Hamilton, SECONDED Director Haime, that a resolution be prepared for the Association of Vancouver Island and Coastal Communities regarding the issue of local government regulations on aquaculture as outlined in Attachment No. 2.
CARRIED
MOVED Director Hamilton, SECONDED Director Haime, that be staff be directed to report back with a public consultation process to address the issue of aquaculture in the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987", "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw No. 1285, 2002" and all Official Community Plans.
CARRIED
MOVED Director Hamilton, SECONDED Director Bartram, that staff investigate the current availability of scientific and mapping information related to the physical capability of the coastline for aquaculture operations which may be acquired from the Province.
CARRIED
Electoral Area �H� Planning Project � OCP Public Process Design Document � Terms of Reference and Public Consultation Strategy.
MOVED Director Hamilton, SECONDED Director Bartram, that the staff report on the Electoral Area �H� Planning Project be received.
CARRIED
MOVED Director Hamilton, SECONDED Director Bartram, that the Electoral Area �H� Official Community Plan Public Process Design Document (Attachment No. 1) be endorsed by the Board.
CARRIED
COMMITTEE OF THE WHOLE STANDING COMMITTEE
MOVED Director Sherry, SECONDED Director Holdom, that the minutes of the Committee of the Whole meeting held January 28, 2003 be received for information.
CARRIED
COMMUNICATION/CORRESPONDENCE
Ron Creber, Land & Water British Columbia Inc., re Little Mountain and Morrison Creek.
MOVED Director Sherry, SECONDED Director Cantelon, that the correspondence received from Land & Water British Columbia Inc. with respect to the option of a two year Licence of Occupation offered to the RDN by LWBC, be received.
CARRIED
Gordon Smaill, Land & Water British Columbia Inc., re Replacement Lease, Community Park, Nanoose Road
MOVED Director Sherry, SECONDED Director Cantelon, that the correspondence received from Land & Water British Columbia with respect to a short-term lease for park property on Nanoose Road, be received.
CARRIED
COMMUNITY SERVICES
RECREATION AND PARKS
District 69 Recreation Grants Program & Recreation Program Assistants Report.
MOVED Director Westbroek, SECONDED Director Longmuir,:
That the 2003 provisional budget be amended to reflect an additional $20,000 for Community and Youth grants;
That the funding for the Recreation and Parks Grant Program be reapportioned to include an annual total of $31,250 for Community Grants and $31,250 for Youth Grants, and that the maximum funding limit, per application, be established as $2,500;
That the two temporary, part-time Recreation Program Assistant positions involved in youth services be reclassified as one permanent full-time position.
CARRIED
Gabriola Island Parks & Open Space Advisory Committee Proposal.
MOVED Director Lund, SECONDED Director Sherry, that "Gabriola Island Parks and Recreation Commission Repeal Bylaw No. 1332, 2003" be introduced and given three readings.
CARRIED
MOVED Director Lund, SECONDED Director Sherry, that "Gabriola Island Parks and Recreation Commission Repeal Bylaw No. 1332, 2003" having received three readings, be adopted.
CARRIED
MOVED Director Lund, SECONDED Director Holdom, that the Terms of Reference for the Gabriola Island (Electoral Area �B�) Parks and Open Space Advisory Committee be approved, and that the Regional District advertise for applications for appointment to the Committee.
CARRIED
REGIONAL GROWTH MANAGEMENT
Regional Development Services 2003 Program.
MOVED Director Hamilton, SECONDED Director Westbroek, that the 2003 program for Regional Development Services be adjusted by reallocating the existing staff time and financial resources to provide for the Growth Management Plan Review Completion Project and the Sustainability/Regional Growth Strategy Monitoring Initiative.
CARRIED
Regional Growth Strategies Monitoring Program � State of Sustainability Project and Committee.
MOVED Director Westbroek, SECONDED Director Sherry, that the State of Sustainability Project and Committee Terms of Reference be approved.
CARRIED
TRANSIT
BC Transit Act Regulation Changes � Phase 1 � Funding & Services Strategies Review.
MOVED Director Cantelon, SECONDED Director Holdom, that the Regional District support BC Transit�s proposal to amend the BC Transit Act Regulation to provide flexibility in the funding formula with BC Transit as described in Strategy 3 of the Phase 1 Funding and Service Strategy Review.
CARRIED
BC Transit Funding & Service Strategy Review � Phase 2 � Transit Funding & Governance Models.
MOVED Director Cantelon, SECONDED Director Holdom, that the Regional District of Nanaimo indicate to BC Transit that in response to the Phase 2 Funding & Service Strategies Review it supports, for further discussion, the funding and governance model represented by Option 3 "Dedicated Fuel Tax with a Community Transit Authority (CTA)".
CARRIED
Transit Business Plan Update 2003-2005 � Terms of Reference.
MOVED Director Cantelon, SECONDED Director Sherry,:
That the Terms of Reference for the Transit Business Plan Update � 2003 to 2005 be approved;
That appointments to the Select Committee for the Transit Business Plan Update be made by the Board Chairperson.
MOVED Director Westbroek, SECONDED Director Haime, that this item be deferred.
CARRIED
Evaluation Report � Take 5 Express � Malaspina University College/Downtown Nanaimo.
MOVED Director Holdom, SECONDED Director Cantelon, that the Take 5 Express be expanded to Monday to Friday beginning in the Spring of 2003 as part of an overall service review and adjustment scheduled for 2003.
MOVED Director Haime, SECONDED Director Korpan, that this item be deferred.
CARRIED
CORPORATE SERVICES
ADMINISTRATION
Public Consultation & Communication Committee � Terms of Reference.
MOVED Director Bibby, SECONDED Director Lund, that the Terms of Reference for a Public Consultation and Communication Committee be approved.
CARRIED
Rogers Wireless Inc. Communications Tower Proposal.
MOVED Director Westbroek, SECONDED Director Bibby, that the Board approve the location of the Rogers Wireless Inc. communications tower on the site proposed at 6300 Hammond Bay Road and authorize staff to execute the Statutory Right of Way Agreement for this purpose.
CARRIED
Legal Services Contract Extension.
MOVED Director Sherry, SECONDED Director Hamilton, that the Board extend its legal services agreements with Staples McDannold Stewart in the area of municipal law and Harris & Co. in the area of labour law for an additional two year term expiring February 2005.
CARRIED
Expanded Local Telephone Calling Area.
MOVED Director Bibby, SECONDED Director Sherry, that the Board of the Regional District of Nanaimo express its support for an expanded local calling area in the Regional District of Nanaimo and request Telus to undertake an analysis to establish the financial implications of implementing an expanded local calling area.
CARRIED
FINANCE
Update Banking Resolutions for Changes in Board Membership.
MOVED Director Cantelon, SECONDED Director Hamilton, that the banking resolution attached to the staff report be adopted.
CARRIED
San Pareil Water Supply LSA Amendment Bylaw No. 1170.03.
MOVED Director Klee, SECONDED Director Westbroek, that "San Pareil Water Supply Local Service Area Amendment Bylaw No. 1170.03, 2003" be introduced for first three readings and be forwarded to the Ministry of Community, Aboriginal and Women�s Services for approval.
CARRIED
FIRE DEPARTMENTS
Errington Fire Protection Function Reserve Fund Expenditure Bylaw No. 1324.
MOVED Director Biggemann, SECONDED Director Sherry, that "Errington Fire Protection Function Reserve Fund Expenditure Bylaw No. 1324, 2003" be introduced for first three readings.
CARRIED
MOVED Director Biggemann, SECONDED Director Sherry, that "Errington Fire Protection Function Reserve Fund Expenditure Bylaw No. 1324, 2003" having received three readings, be adopted.
CARRIED
License of Use (Coombs-Hilliers Firehall #2) � Arrowsmith Search & Rescue Society.
MOVED Director Biggemann, SECONDED Director Hamilton, that the Chairperson and General Manager Corporate Services be authorized to execute the License of Use agreement with the Arrowsmith Search & Rescue Society, which provides for an initial five year term from January 1, 2003 to January 1, 2008 and four renewal terms of 5 years each.
CARRIED
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 700 Filings.
The Chairperson listed the filings and asked that if the property owners were in the audience and wished to address the Board, to come forward when their name was called.
MOVED Director Westbroek, SECONDED Director Haime, that a notice be filed against the title of the properties listed, pursuant to Section 700 of the Local Government Act and that if the infractions are not rectified within ninety (90) days, legal action will be pursued:
(a) Lot 1, Section 16, Range 3, Mountain District, Plan VIP72060, 3409 Jingle Pot Road, Electoral Area �D�, owned by LDM Holdings Ltd.;
(b) Lot 31A, Nanoose District, except part in Plans 8514, 20737, 21281, 21788, 22619, 27139, 29437, 35911, 41797 and VIP;62661, 7995 Superior Road, Electoral Area �D�, owned by L. and S. Doumont;
(c) Lot 2, District Lots 128 and 129, Nanoose District, Plan 2142, 1435 Greig Road, Electoral Area �G�, owned by J. Reeves.
CARRIED
ENVIRONMENTAL SERVICES
Regional Environmental Advisory Committee � Terms of Reference.
MOVED Director Sherry, SECONDED Director Cantelon, that the Terms of Reference dated January 2003 for the Regional Environmental Advisory Committee be approved.
CARRIED
Climate Change Standing Committee � Terms of Reference.
MOVED Director Sherry, SECONDED Director Cantelon, that the Terms of Reference dated January 2003 for the Climate Change Standing Committee be approved.
CARRIED
LIQUID WASTE
Pump and Haul LSA Amendment Bylaw No. 975.27; 1655 Whalebone Drive � Gallagher � Area B; 3371 Blueback Drive � Andrews � Area E; 3480 Tyee Crescent � Dance � Area E.
MOVED Director Bibby, SECONDED Director Cantelon, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.27, 2003" for the inclusion of 1655 Whalebone Drive, Gabriola Island (Gallagher), the inclusion of 3371 Blueback Drive, Nanoose (Andrews) and the exclusion of 3480 Tyee Crescent, Nanoose (Dance) be read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
SOLID WASTE
Illegal Dumping Prevention Program Surveillance & Evidence Gathering Contract.
MOVED Director Westbroek, SECONDED Director Holdom, that the Board extend the MUC surveillance and evidence-gathering contract for two additional years.
CARRIED
UTILITIES
Flood Hazard Management.
MOVED Director Sherry, SECONDED Director Cantelon,:
That the staff report be received for information;
That the Board direct staff to forward a letter to the Minister of Water, Land and Air Protection with a copy to UBCM expressing concerns about the potential impact of the proposed flood hazard management model on local government resources, advising that if responsibilities for flood hazard management are transferred to local government, the province must provide ongoing financial assistance to local government to support these responsibilities, and supporting the position outlined in the letter dated October 22, 2002 from the CVRD.
CARRIED
MOVED Director Cantelon, SECONDED Director Westbroek, that the following resolution be forwarded to AVICC:
WHEREAS the province is proposing a new service model for flood hazard management that considers transferring responsibilities for regulating floodplain development and flood proofing standards, and for the design, construction, operation and maintenance of dikes, to local government;
AND WHEREAS this model, if implemented, would impact the activities and resources of local government;
THEREFORE BE IT RESOLVED that the Board of the Regional District of Nanaimo express its concerns about the potential impact of the proposed flood hazard management model on local government resources and that if responsibilities for flood hazard management are transferred to local government, the province must provide ongoing financial assistance to local government to support these responsibilities.
CARRIED
Rural Streetlighting LSA Boundary Amendment Bylaw No. 791.06 � Columbia Drive � Area G.
MOVED Director Klee, SECONDED Director Westbroek, that "Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.06, 2003" be introduced, read three times and then forwarded to the Inspector of Municipalities for approval.
CARRIED
Water Systems � Cross-Connection Control Program.
MOVED Director Sherry, SECONDED Director Holdom, that the Board receive the report on a cross-connection control program and the 2003 cross-connection control program workplan.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Community Water Supply.
MOVED Director Haime, SECONDED Director Hamilton,:
That staff bring forward a report providing cost impacts and options for a Drinking Water Protection Plan for the District 69 area once the studies have been completed by E.B.A. on the Arrowsmith aquifers and watersheds;
That staff be directed to prepare a report on the scope of work and cost of a study identifying watersheds in District 68 and areas in District 69 not included in the original E.B.A. study.
CARRIED
Biophysical and Economic Assessment Proposal of Mount Benson.
MOVED Director Cantelon, SECONDED Director Hamilton, that due to the considerable interest in Mount Benson, that staff bring forward a report to the Board regarding the lands available on Mount Benson and the cost of acquiring these lands.
CARRIED
COMMISSIONS
Deep Bay Harbour Commission � Director Bartram.
Director Bartram reported to the Board on recent meetings of the Deep Bay Harbour Commission.
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
Intergovernmental Advisory Committee.
MOVED Director Cantelon, SECONDED Director Westbroek, that the minutes of the Intergovernmental Advisory Committee meeting held January 9, 2003 be received for information.
CARRIED
ADMINISTRATOR�S REPORT
Contravention of Unsightly Premises Regulatory Bylaw No. 1073 � Littlewood � 2406 Nanoose Beach Road � Area E.
MOVED Director Westbroek, SECONDED Director Sherry, that should the property maintenance concerns not be rectified by February 11, 2003 pursuant to the "Unsightly Premises Regulatory Bylaw No. 1073, 1996" the Board directs the owners of the property legally described as Parcel 1 of Lot A, Plan 1460, District Lot 79, Nanoose Land District to remove from the premises, those items as set out in the resolution attached to the staff report within fourteen (14) days, or the work will be undertaken by the Regional District�s agents at the owner�s cost.
CARRIED
Award for the Purchase of the Fire Truck � Errington Fire Department.
MOVED Director Biggemann, SECONDED Director Sherry, that the award for the supply of a 2003 Freightliner chassis from Island Freightliner Truck Sales Ltd. in the amount of $103,900 plus taxes for the Errington Fire Department, be approved.
CARRIED
IN CAMERA
MOVED Director Sherry, SECONDED Director Hamilton, that pursuant to Section 242.2 1(a) of the Local Government Act the Board proceed to an In Camera meeting to consider a personnel matter.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director Cantelon, that this meeting be adjourned to allow for an In Camera meeting.
.
CARRIED
TIME: 8:15 PM
CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES