REGIONAL DISTRICT OF NANAIMO
BOARD MEETING
TUESDAY, MARCH 11, 2003
7:30 PM
(City of Nanaimo Council Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

    1. DELEGATIONS

3. BOARD MINUTES

12-22 Minutes of the Board meeting held on Tuesday, February 11, 2003.

4. BUSINESS ARISING FROM THE MINUTES

5. COMMUNICATIONS/CORRESPONDENCE

23 T. V. Boag, President, Parksville Curling Club, re Memorandum of Understanding Between the Regional District of Nanaimo and the Parksville Curling Club.

24-25 Steve New, B.C.Transit, re Transit Fuel Costs Increasing.

26-27 George Abbot, Minister of Community, Aboriginal and Women’s Services, re Incorporation of Lantzville.

28-29 Peter Wightman, Ministry of Transportation, re Rights-of-Way and Rest Area Commercialization.

    1. UNFINISHED BUSINESS
    2. From the Board meeting held February 11, 2003.

      30-33 Transit Business Plan Update 2003-2005 – Terms of Reference. (All Directors – One Vote)

      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.

      34-36 Evaluation Report – Take 5 Express – Malaspina University College/Downtown Nanaimo. (City of Nanaimo, EA’s ‘A’, ‘D’ – Weighted Vote)

      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.

      BYLAWS

      For Adoption.

      Bylaw No. 1170.03 – San Pareil Water Supply LSA Amendment Bylaw. (All Directors – One Vote)

      Bylaw No. 791.06 – Rural Streetlighting LSA Boundary Amendment Bylaw. (All Directors – One Vote)

    3. STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS

7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE

37-41 Minutes of the Electoral Area Planning Committee meeting held Tuesday, February 25, 2003. (for information)

COMMUNICATION/CORRESPONDENCE

Thomas McArthur, French Creek Residents Association, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence received from the French Creek Residents Association with respect to Fern Road Consulting Limited’s request for land exchange, be received.

Dennis & Anita Lawrence, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence received from Dennis and Anita Lawrence with respect to the subdivision proposal for the land legally described as Remainder of Lot 1, DL 49, Nanoose District, Plan 19351, be received.

Hawthorne Rise Area Residents, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence received from the Hawthorne Rise Area Residents with respect to the parkland contained within the proposed development in the French Creek area, be received.

David & Ros Ross, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence received from David and Ros Ross with respect to the application for an exchange of land for property legally described as the Remainder of Lot 1, DL 49, Nanoose LD, Plan 19351, be received.

Gareth Rees, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence received from Gareth Rees with respect to the proposed changes to the boundary of the existing park located in the St. Evar subdivision, be received.

R.A. and Anna K. Bloxham, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence received from R.A. and Anna Bloxham with respect to the proposed park boundary changes requested by the developer for the land legally described as Lot 1, District Lot 49, Nanoose District, Plan 19351, be received.

UNFINISHED BUSINESS

DP Application No. 0301 – Juthans/Murphy – 5489 Deep Bay Drive – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

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.

c) From 15 metres to 9.6 metres to allow for the placement of a hot tub structure within the development permit area.

be approved subject to the conditions outlined in Schedules No. 1, 2 and 3 and subject to notification requirements pursuant to the Local Government Act.

PLANNING

AMENDMENT APPLICATIONS

Zoning Amendment Application No. 0303 – Haylock Bros./Sims – Melrose Road – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

1. That the minutes from the Public Information Meeting be received.

2. That Amendment Application No. 0303 submitted by Haylock Bros. to rezone a 15.2 ha portion of the property legally described as Lot 9, Section 12, Range 7, Cranberry District, Plan 27070 from Rural 1 (RU1) to Resource Management 1 (RM1) be given 1st and 2nd reading.

3. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.290, 2002" proceed to Public Hearing.

4. That the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.290, 2002" be delegated to Director Stanhope or his alternate.

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 0305 – Thiessen & Marshall/Kyler – 1272 Seadog Road – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

That Development Permit Application No. 0305, submitted by Ken Kyler on behalf of Thiessen and Marshall to permit the construction of a stormwater drain pipe within the Watercourse Protection Development Permit Area on the property legally described as Lot 21, Block C, District Lot 38, Nanoose District, Plan 10777, be approved subject to the requirements outlined in Schedule Nos. 1, 2 and 3..

DP Application No. 0306 – Yorke/Rowland – 1435 Private Road – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That Development Permit Application No. 0306, submitted by Yorke/Rowland to facilitate the construction of a single residential dwelling unit, retention wall and drainage rock pit, on the property legally described as Lot 1, District Lot 80, Newcastle District, Plan 15785 be approved subject to the requirements outlined in Schedules No. 1, 2 and 3.

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 0303 – Buchanan – 5012 Seaview Drive – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to Application No. 0303.

That Development Variance Permit Application No. 0303, submitted by Susan Buchanan, to facilitate the construction of a dwelling unit and vary the minimum permitted setbacks within a Residential 2 (RS2) zone from 8.0 metres to 5.36 metres for the front lot line, from 5.0 metres to 3.81 metres for an other lot line located along Seaview Drive, and from 18.0 metres from a stream centerline to 6.58 metres from a stream centerline for setbacks from a watercourse for the property legally described as Lot 22, District Lot 28, Newcastle District, Plan 22249, be approved subject to the notification requirements pursuant to the Local Government Act.

DVP Application No. 0304 – Melvyn– Seaview Drive – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to Application No. 0304.

That Development Variance Permit Application No. 0304, submitted by Fern Road Consulting, Agent, on behalf of Anthony Melvyn, to facilitate the development of a single dwelling unit and to legalize the existing rip rap retaining wall within a Residential 2 (RS2) zone by varying the minimum permitted setback to an interior side lot line from 2.0 metres to 0.0 metres, and to a watercourse from 18.0 metres horizontal distance from a stream centerline to 0.0 metes for the retaining wall and 10.5 metres for the dwelling unit, and to vary the maximum permitted height of a dwelling unit from 8.0 metres to that height required to accommodate an 8.0 metre dwelling unit, as measured from the existing fill grade as set out in Schedule No. 1, for the property legally described as Lot 3, District Lot 28, Newcastle District, Plan 22249, be approved subject to notification procedures pursuant to the Local Government Act and subject to the conditions outlined in Schedule No. 1.

DVP Application No. 0305 – H & F Ventures Ltd. – 2980 Matthew Road – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to Application No. 0305.

That Development Variance Permit Application No. 0305, submitted by Norman Evans, agent on behalf of H & F Ventures Ltd., to facilitate the development of a single dwelling unit and vary the maximum permitted dwelling unit height within the Rural 5 (RU5) zone from 9.0 metres to 13.0 metres for the property legally described as Lot 12, Block 668, Nanoose Land District, Plan VIP62598, be approved as submitted subject to the notification procedures pursuant to the Local Government Act.

DVP Application No. 0306 – Balance – 2830 Benson View Road – Area D. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to Application No. 0306.

That Development Variance Permit Application No. 0306 by Stanley Neville Balance to vary the ‘all lot lines’ setback requirement from 8.0 metres to 4.0 metres for the west interior side lot line to allow for the construction of a two-car garage with loft for the property legally described as Lot 8, Sections 9 and 10, Range 4, Mountain District, Plan 36191 be approved, subject to Schedules No. 1, 2 and 3 and to the notification requirements pursuant to the Local Government Act.

FRONTAGE RELAXATION

Request for Cash in Lieu of Park Land Dedication & Relaxation of the Minimum 10% Frontage Requirement – WR Hutchinson, BCLS on Behalf of A. Cochran & J. Radzuil – Greive Road – Area A. (Electoral Area Directors except EA ‘B’ – One Vote)

That the requests, submitted by WR Hutchinson, BCLS, on behalf of James Radzuil and Agnes Cochran, for cash in-lieu of park land dedication be accepted and to relax the minimum 10% frontage requirement for proposed Lots 5, 6, 7 and 13, as shown on the plan of subdivision of Lot 7 & 8, Section 12, Range 2, Cedar District, Plan VIP53334, be approved.

OTHER

Request for Park Land Exchange – Fern Road Consulting Ltd. on Behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That the Electoral Area ‘G’ Parks and Open Space Advisory Committee be requested to provide further comments and recommendations on the revised park land exchange proposal as suggested by staff prior to the March 11, 2003 Board meeting.

7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE

42-48 Minutes of the Committee of the Whole meeting held January 28, 2003. (for information)

COMMUNICATION/CORRESPONDENCE

Rich Coleman, Solicitor General, re Police Financing in Municipalities Under 5,000 Population and Unincorporated Areas. (All Directors – One Vote)

That the correspondence received from Solicitor General Rich Coleman with respect to an update on the restructuring of police financing in municipalities under 5,000 population and unincorporated areas, be received.

UNFINISHED BUSINESS

From the meeting of the Committee of the Whole held January 28, 2003.

Watershed & Drinking Water Protection Initiatives. (All Directors – One Vote)

1. That the Board support completion of the previously approved hydrogeological study for the Englishman River and French Creek watersheds and proceed with establishing a project terms of reference and cost for a drinking water protection plan for the Arrowsmith watersheds.

That the Board direct staff to work with the municipalities and electoral areas to further explore the establishment of a Development Permit Area over all or parts of the Regional District and prepare a report outlining the pros, cons and implications of this approach, and areas that should be considered for DPA designation.

That the Board direct staff to initiate the process to establish a regional function and service District 68 and District 69 areas for watershed protection initiatives.

That the Board direct that a Watershed and Drinking Water Protection Standing Committee be formed and terms of reference be written.

That the Board direct staff to develop a range of options and cost requirements for watershed and drinking water protection awareness and education in cooperation with the Province, Municipalities, Electoral Areas and Improvement Districts/District Water Boards.

That the Board await legislative direction from the province regarding new drinking water protection requirements and at that time broaden the function as required.

2. That, as groundwater legislation is an important aspect of groundwater and drinking water protection, the Board advance the following resolution to AVICC:

WHEREAS the provincial government has developed an Action Plan for Safe Drinking water in British Columbia that commits to the development of groundwater protection legislation;

AND WHEREAS groundwater protection, legislation and regulation is a priority for all areas of British Columbia, is of multi-jurisdictional interest and does not confirm to political or local government boundaries;

THEREFORE BE IT RESOLVED THAT the Association of Vancouver Island Coastal Communities express to the Province its support for new groundwater protection legislation and further that the province must provide the resources and initiative to implement its legislative responsibility and authority for the Province’s groundwater resource.

COMMUNITY SERVICES

RECREATION AND PARKS

Purchase of Old Errington School – Area F. (All Directors – One Vote)

That the Regional District obtain an independent, comprehensive assessment of the old Errington School building, to identify the state of the building and all building deficiencies and the estimated cost of the work required to fix the identified deficiencies to a recognized standard, before making a decision to enter into an agreement with School District No. 69 to purchase the school.

REGIONAL GROWTH MANAGEMENT

Regional Growth Strategy Function – Electoral Area ‘B’ Participation. (All Directors – One Vote)

That Electoral Area ‘B’ be excluded from the Regional Growth Strategy function.

Regional Growth Management Plan Review – Completion Phase – Terms of Reference and Consultation Plan. (All Directors except EA ‘B’ – One Vote)

That the Terms of Reference and Consultation Plan for the Growth Management Plan Review Completion Phase be approved as amended to change the projected dates for referral of the RGS bylaw from "May 1st" to "October 1, 2003" and third reading of the RGS bylaw to "October 14, 2003", as an amendment to the original terms of reference approved for the project in January of 2001.

TRANSIT

2003 District 68 Transit Budget Issues. (Nanaimo, Electoral Areas ‘A’ & ''D'' - Weighted Vote)

That the 2003 District 68 Transit budget issues be accommodated with a combination of Transit service adjustments for March as outlined in Schedule ‘A’, projected June service reductions and a tax requisition increase and offset to be finalized as part of the annual budget process.

CORPORATE SERVICES

DEVELOPMENT SERVICES

ENVIRONMENTAL SERVICES

LIQUID WASTE

BC Hydro Power Smart Partner Program. (All Directors – Weighted Vote)

That the Board support RDN participation in the BC Hydro Power Smart Partner Program and direct staff to execute the BC Hydro Power Smart Partner Program Agreement with BC Hydro.

Greater Nanaimo Pollution Control Center Headworks Upgrade – Tender Award. (All Directors – Weighted Vote)

That the Regional District of Nanaimo award supply of influent screens for the GNPCC Headworks upgrade for the tendered amount of $308,736.00 to Waste Tech Inc.

Madrona/Wall Beach Sewer Pre-Design Study. (All Directors – Weighted Vote)

That the Board approve using existing feasibility study funds available to supplement the $10,000 Infrastructure Planning Grant for a sewer pre-design study for the Madrona/Wall Beach area.

Northern Community Sewer LSA DCC Expenditure Amendment Bylaw No. 1328.

(Parksville, Qualicum Beach, Electoral Areas ‘E’, ‘F’, ‘G’ and ‘H’ – Weighted Vote)

1. That "Northern Community Sewer Local Service Area Development Cost Charge Reserve Fund Expenditure Amendment Bylaw No. 1328.01, 2003", which will release $250,000 to complete the Bay Avenue and trickling filter pump upgrades, be introduced and given three readings.

(All Directors – 2/3)

2. That "Northern Community Sewer Local Service Area Development Cost Charge Reserve Fund Expenditure Amendment Bylaw No. 1328.01, 2003" be adopted.

SOLID WASTE

Regional Landfill Surface and Groundwater Monitoring Program – Contract Extension. (All Directors – Weighted Vote)

That the Board extend the contract with Morrow Environmental Consultants for the regional landfill surface and groundwater monitoring program for an additional two year period.

COMMISSION, ADVISORY AND SELECT COMMITTEE

District 69 Recreation Commission. (Parksville, Qualicum Beach, EA''s E, F, G, H - Weighted Vote)

That the minutes of the District 69 Recreation Commission meeting held February 13, 2003, be received for information.

Community Grants:

Arrowsmith Cricket and Sports Association – score board $ 500

(funds to be matched by the club)

Errington Therapeutic Riding Association – operating costs $ 2,500

Mid-Island Wildlife Watch Society – Brant Festival insurance $ 1,000

Youth Grants

Ballenas Dry Grad Committee – insurance and advertising $ 800

Fuzion Youth Centre – start up costs & initial operating cost $ 2,500

Nanoose Bay Elementary PAC – outdoor education trip $ 1,000

(funds to be matched by PAC groups)

V.I. Adrenalin Games – equipment rentals $ 1,500

Vicious Vacant Productions – Jan and Feb 2003 event cost $ 825

That the Regional District of Nanaimo Board initiate a facility-naming contest for the Arena Multiplex, establish a Facility Naming Sub-committee appointed by the District 69 Recreation Commission consisting of five Commissioners, and issue a Request for Proposal for selling the name rights for Rinks 1 and 2, Leisure Ice Sheet and the Multipurpose Room. In addition, contest entries may include a suggested logo with the suggested name.

That the revenue-sharing program for arena advertising in the Arena Multiplex includes a revenue split of 30% for a sales representative, 20% for Oceanside Minor Hockey, 20% for the Junior ‘B’ Generals, 10% for the Sandy Shores Skating Club and 20% for the Regional District, be approved.

Lantzville Parks & Open Space Advisory Committee. (All Directors – One Vote)

That the minutes of the Lantzville Parks & Open Space Advisory Committee meeting held December 2, 2002, be received for information.

Nanoose Bay Parks & Open Space Advisory Committee. (All Directors – One Vote)

That the minutes of the Nanoose Bay Parks & Open Space Advisory Committee meetings held October 21, 2002 and February 5, 2003, be received for information.

Electoral Area ‘A’ Parks & Green Spaces Advisory Committee. (All Directors – One Vote)

That the minutes of the Electoral Area ‘A’ Parks & Green Spaces Advisory Committee meetings held January 16, 2003 and February 6, 2003, be received for information.

Electoral Area ‘G’ Parks & Open Space Advisory Committee. (All Directors – One Vote)

That the minutes of the Electoral Area ‘G’ Parks & Open Space Advisory Committee meetings held October 3, 2002 and January 16, 2003, be received for information.

7.3 EXECUTIVE STANDING COMMITTEE

7.4 COMMISSIONS

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

    1. ADMINISTRATOR’S REPORT
    2. 49-50 Electoral Area ‘A’ By-Election. (All Directors – One Vote)

      51-63 Animal Control Contracts. (All Directors – Weighted Vote)

      2003 Annual Budget and 2003-2008 Financial Plan. (All Directors – Weighted Vote) (Report to be circulated)

    3. ADDENDUM

10. BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

11. NEW BUSINESS

12. BOARD INFORMATION (Separate enclosure on blue paper)

    1. ADJOURNMENT

14. IN CAMERA

That pursuant to Section 242.2(1)(e) & (j) of the Local Government Act the Committee proceed to an In Camera meeting to consider items pertaining to the acquisition of land and information that is prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act.