REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, JUNE 10, 2003, AT 7:30 PM IN THE
RDN BOARD CHAMBERS

Present:

Director J. Stanhope Chairperson
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
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
Director T. Krall City of Nanaimo
Director L. Sherry City of Nanaimo
Director L. McNabb City of Nanaimo
Director B. Holdom City of Nanaimo

Also in Attendance:
K. Daniels Chief Administrative Officer
C. Mason Gen. Mgr. of Corporate Services
C. McIver Manager of Solid Waste
B. Lapham Gen. Mgr. of Development Services
N. Connelly Gen. Mgr. of Community Services
P.Shaw Manager of Community Planning
M. Pearse Manager of Administrative Services

The Chairperson acknowledged the election of Henrik Kreiberg on May 31, 2003 as the newly elected Director for Electoral Area �A� and noted his absence due to a prior commitment.

BOARD MINUTES

MOVED Director Sherry, SECONDED Director Bibby, that the minutes of the regular Board meeting held on May 13, 2003 be adopted, as amended.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Bob DeClark, re DVP Application No. 90310 � Raines � 2424 Ainsley Place � Area E.

MOVED Director Krall, SECONDED Director Westbroek, that the correspondence received from Bob DeClark with respect to Development Variance Permit application No. 90310, be received.

CARRIED

UNFINISHED BUSINESS

BYLAWS

Bylaw No. 814.08 & 500.291 � Englishman River OCP Bylaw Amendment and Subdivision Bylaw Amendment � Michael Rosen & Associates, on Behalf of Englishman River Land Holdings Ltd. � Kay Road � Area G.

MOVED Director Bartram, SECONDED Director Hamilton, that "Regional District of Nanaimo Englishman River Official Community Plan Bylaw Amendment Bylaw No. 814.08, 2003" be adopted.

CARRIED

MOVED Director Hamilton, SECONDED Director Bartram, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.291, 2003" be adopted.

CARRIED

Bylaw No. 1333 � Park Land Exchange Bylaw � Fern Road Consulting Ltd. on Behalf of R. & L. Todsen & McTay Holdings Ltd. � off Hawthorne Rise and White Pine Way � Area G.

MOVED Director Westbroek, SECONDED Director Bibby, that "Regional District of Nanaimo Park Land Exchange Bylaw No. 1333, 2003" be adopted.

CARRIED

Englishman River Community Water Supply Service Area and Community Street Lighting Service Area Bylaws � Kaye Road � Area G.

MOVED Director Sherry, SECONDED Director Westbroek, that "Englishman River Community Water Supply Service Area Establishment Bylaw No. 1354, 2003" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

MOVED Director Sherry, SECONDED Director Krall, that "Englishman River Community Street Lighting Service Area Bylaw No. 1353, 2003" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

Public Hearing.

Report of the Public Hearing held April 29 and 30, 2003 with Respect to Regional Growth Strategy Bylaw No. 1309.

MOVED Director McNabb, SECONDED Director Sherry, that the Summary of Proceedings of the Public Hearing conducted for "Regional District of Nanaimo Regional Growth Strategy Bylaw No. 1309", as the Report for the Public Hearing, be received.

CARRIED

Director Westbroek made a motion that the Bylaw be renamed to the "Regional District of Nanaimo Regional Growth Management Bylaw".

The motion failed due to the lack of a seconder.

MOVED Director Sherry, SECONDED Director Hamilton, that the responses to the Regional District referral of "Regional District of Nanaimo Regional Growth Strategy Bylaw No. 1309" be received.

CARRIED

MOVED Director Sherry, SECONDED Director Westbroek, that "Regional District of Nanaimo Regional Growth Strategy Bylaw No. 1309" be granted 3rd reading.

CARRIED

MOVED Director Sherry, SECONDED Director Hamilton, that "Regional District of Nanaimo Regional Growth Strategy Bylaw No. 1309" be adopted.

CARRIED

ELECTORAL AREA PLANNING STANDING COMMITTEE

MOVED Director Hamilton, SECONDED Director Bartram, that the minutes of the Electoral Area Planning Committee meeting held May 27, 2003 be received for information.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Zoning Amendment Application No. ZA0305 � Sarkozy � Wembley Road � Area G � Land Use & Subdivision Amendment Bylaw No. 500.293.

MOVED Director Hamilton, SECONDED Director Haime, that the summary of the Public Information Meeting on Amendment Application No. 0305, submitted by Fern Road Consulting Ltd. on behalf of Paul Sarkozy be received.

CARRIED

MOVED Director Hamilton, SECONDED Director Bartram, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.293, 2003" be given 1st and 2nd reading.

CARRIED

MOVED Director Hamilton, SECONDED Director Haime, that Amendment Application No. 0305, submitted by Fern Road Consulting Ltd. on behalf of Paul Sarkozy, to rezone the subject property legally described as Lot B, District Lot 29, Nanoose District, Plan VIP74062, from Residential 1 (RS1) to Residential 2.1 (RS2.1) be advanced to a public hearing subject to the conditions outlined in Schedule No. 1 with the deletion of the DCC requirement.

CARRIED

MOVED Director Hamilton, SECONDED Director Bartram, that the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.293, 2003" be delegated to Director Stanhope or his alternate.

CARRIED

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 60324 � Weldon/Kyler � 796 Miller Road � Area G.

MOVED Director Hamilton, SECONDED Director Haime, that Development Permit No. 60324, submitted by Ken Kyler, BCLS on behalf of Vivian Isabel Weldon to permit the construction of a dwelling unit within a Sensitive Lands Development Permit Area on the property legally described as Lot 28, District Lot 28, Nanoose District, Plan 26472 be approved, subject to the conditions outlined in Schedule No. 1 and 2, and subject to a geotechnical report.

CARRIED

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 90310 � Raines � 2424 Ainsley Place � Area E.

MOVED Director Hamilton, SECONDED Director Haime, that Development Variance Permit Application No. 90310, submitted by Fern Road Consulting Ltd. on behalf of Derek Raines and Janet Raines, to facilitate the development of a two storey dwelling unit and vary the maximum permitted dwelling unit height within the Residential 1 zone from 8.0 metres to 9.2 metres for the property legally described as Lot 40, District Lot 78, Nanoose Land District, Plan VIP68559, be approved.

CARRIED

DVP Application No. 90311 � Fern Road Consulting Ltd. on Behalf of R. & L. Todsen & McTay Holdings Ltd. � Off Hawthorne Rise & White Pine Way � Area G.

MOVED Director Hamilton, SECONDED Director Bartram, that Development Variance Permit Application No. 90311, submitted by Fern Road Consulting on behalf of Richard and Linda Todsen and McTay Holdings Ltd., to relax the minimum setback requirements for proposed Lots 2, 3, and 4 to 9.0 metres horizontal distance from the adjacent watercourse and for proposed Lots 7, 8, 9, and 10 to 6.0 metres horizontal distance from the adjacent watercourse/pond in order to facilitate future building site for these parcels in conjunction with the subdivision of The Remainder of Lot 1, District Lot 49, Nanoose, Plan 19351, be approved subject to Schedules No. 1 and 2 and the notification requirements pursuant to the Local Government Act.

CARRIED

DVP Application No. 90312 & Request for Relaxation of the Minimum 10% Frontage Requirement � K. & B. Sorenson on Behalf of Kristoff Enterprises � Hodge�s & Lowry�s Roads � Area G.

MOVED Director Hamilton, SECONDED Director Biggemann, that the request, submitted by K & B Sorensen, on behalf of Kristoff Enterprises to relax the Minimum 10% frontage requirement for the Proposed Remainder of Lot A as shown on the plan of subdivision of Lot A, District Lots 19 & 81, Nanoose District, Plan 13475 and to relax the minimum interior lot line setback requirement from 8.0 metres to 2.5 metres for the accessory building and from 30.0 metres to 23.0 metres for the agricultural building housing livestock, be approved, subject to Schedules No. 1 and the notification requirements pursuant to the Local Government Act.

CARRIED

OTHER

Aquaculture � Official Community Plan and Zoning Amendment Issues & Public Consultation Framework.

MOVED Director Hamilton, SECONDED Director Bartram, that the staff report on Aquaculture and potential amendments to Regional District of Nanaimo bylaws be received for information.

CARRIED

MOVED Director Hamilton, SECONDED Director Bartram, that staff be directed to proceed with the Public Consultation Strategy as outlined in Attachment No. 1, with the addition of Odyssey Shellfish Ltd. to the referral listing, and clarification in the Terms of Reference that potential conflicts might result from land use activities adjacent to aquaculture operations.

CARRIED

Terms of Reference & Public Consultation Strategy for a �Finetuning� Exercise for the Electoral Area �F� Zoning & Subdivision Bylaw No. 1285.

MOVED Director Hamilton, SECONDED Director Biggemann,:

1. That the staff report on the Electoral Area �F� Zoning Bylaw Finetuning Project be received.

2. That Electoral Area �F� Zoning Bylaw Finetuning Project Terms of Reference and Consultation Strategy (Attachment No. 1) be endorsed by the Board.

CARRIED

COMMITTEE OF THE WHOLE STANDING COMMITTEE

MOVED Director Sherry, SECONDED Director Krall, that the minutes of the regular Committee of the Whole meetings held May 27, 2003 be received for information.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

George Abbott, Minister of Community, Aboriginal & Women�s Services, re Board of Variance Appointments.

MOVED Director Korpan, SECONDED Director McNabb, that the correspondence re Board of Variance appointments from Minister George Abbott be received.

CARRIED

COMMUNITY SERVICES

Intergovernmental Advisory Committee � District of Lantzville Representation.

MOVED Director Hamilton, SECONDED Director Haime, that the Regional District of Nanaimo Board invite the District of Lantzville Council to appoint a representative to the Intergovernmental Advisory Committee to represent the District.

CARRIED

Descanso Bay Wharf Service Bylaw No. 1352.

MOVED Director Lund, SECONDED Director Holdom, that the report on the facility proposal for a new wharf function and for emergency medical evacuations for Gabriola Island be received.

CARRIED

MOVED Director Lund, SECONDED Director Holdom, that "Descanso Bay Wharf Service Bylaw No. 1352, 2003", be given 1st, 2nd and 3rd readings and proceed to counter petition pursuant to section 801.3 of the Local Government Act.

CARRIED

MOVED Director Lund, SECONDED Director Haime, that the Counter Petition deadline of July 25, 2003 be established for "Descanso Bay Wharf Service Bylaw No. 1352, 2003".

CARRIED

RECREATION AND PARKS

Terms of Reference for the Descanso Bay Regional Park and Nanaimo River Regional Park Management Plans.

MOVED Director McNabb, SECONDED Director Krall, that the Terms of Reference for the Descanso Bay Regional Park and Nanaimo River Regional Park Management Plans be approved.

CARRIED

TRANSIT

Pets on Board Program � Conventional Transit.

MOVED Director Westbroek, SECONDED Director Sherry,:

1. That the Master Joint Operating Agreement with BC Transit be amended to allow for Pets-On-Board Program.

  1. That once the agreement is amended the proposed Pets-on-Board Program run for a trial period of six months.

A recorded vote was requested.

The motion CARRIED with Directors Stanhope, Cantelon, Bibby, Krall, Holdom, Haime, Westbroek, Sherry and Hamilton voting in the affirmative and Directors Korpan, McNabb, Longmuir and Bartram voting in the negative.

CORPORATE SERVICES

ADMINISTRATION

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

MOVED Director McNabb, SECONDED Director Hamilton, that the Board has no objection to 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 22, 2003.

CARRIED

FINANCE

Nanoose Bay Bulk Water Supply Security Issuing Bylaw No. 1239.

MOVED Director Westbroek, SECONDED Director Biggemann, that "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1239, 2001" be forwarded to the Municipal Finance Authority to complete the borrowing for the Northwest Bay Road transmission line.

CARRIED

FIRE DEPARTMENTS

Firefighting Vehicle Upgrades for the Nanoose Bay Fire Protection Society.

MOVED Director Bibby, SECONDED Director Krall, that the Regional District of Nanaimo advise the Nanoose Bay Fire Protection Society that the adjustments to its budget for the purposes of upgrades to trucks #12 and #13 are approved.

CARRIED

MOVED Director Bibby, SECONDED Director Krall, that "Regional District of Nanaimo Financial Plan (2003 to 2008) Amendment Bylaw 1337.01, 2003" be introduced for first three readings.

CARRIED

MOVED Director Bibby, SECONDED Director Krall, that "Regional District of Nanaimo Financial Plan (2003 to 2008) Amendment Bylaw 1337.01, 2003" having received three readings be adopted.

CARRIED

MOVED Director Bibby, SECONDED Director Krall, that "Nanoose Fire Protection Function Reserve Fund Expenditure Bylaw No. 1351, 2003" be introduced for first three readings.

CARRIED

MOVED Director Bibby, SECONDED Director Krall, that "Nanoose Fire Protection Function Reserve Fund Expenditure Bylaw No. 1351, 2003" having received three readings be adopted.

CARRIED

DEVELOPMENT SERVICES

Nanaimo Airport Master Plan � Implications for Regional District of Nanaimo � Area A.

MOVED Director Hamilton, SECONDED Director Sherry, that the staff report on �Nanaimo Airport Master Plan � Implications for the Regional District of Nanaimo� be received for information.

CARRIED

MOVED Director Hamilton, SECONDED Director Sherry, that the Chair of the Board select a Committee to work with Nanaimo Airport Commission to consider issues related to future land use at the Nanaimo Airport and direct staff to prepare amendments to the OCP policy and zoning for the airport lands that will harmonize proposed airport land use and development with the Electoral Area �A� Official Community Plan and Regional Growth Management policies.

CARRIED

BUILDING INSPECTION

Section 700 Filings.

MOVED Director Hamilton, SECONDED Director Bibby, that the notice of filing against the title of Lot 1, Section 1, Range 6, Plan VIP68894, Cedar Land District, 3460 Whiting Way, Electoral Area �A�, owned by Pieter Van Westen, be deferred for thirty (30) days.

CARRIED

ENVIRONMENTAL SERVICES

LIQUID WASTE

Licence Agreement with City of Nanaimo for a Portion of Regional District of Nanaimo Land at Chase River Pumping Station for Trail Network.

MOVED Director Sherry, SECONDED Director Krall, that the Licence Agreement that permits the City of Nanaimo to use the Regional District of Nanaimo lands at 1174 Island Highway South for extension of the Chase River Park trail network be approved and executed.

CARRIED

Pump and Haul LSA Amendment Bylaw No. 976.28.

MOVED Director Sherry, SECONDED Director Krall, that "Regional District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No. 975.28, 2003" be read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

UTILITIES

Rural Streetlighting LSA Boundary Amendment Bylaw No. 791.07.

MOVED Director Sherry, SECONDED Director Westbroek, that �Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.07, 2003� be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

Electoral Area �A� (MacMillan Road School Site) Sewer LSA Rates & Regulations Amendment Bylaw No. 1237.02.

MOVED Director Sherry, SECONDED Director Bibby, that "Electoral Area �A� (MacMillan Road School Site) Sewer Local Service Area Rates and Regulations Amendment Bylaw No. 1237.02, 2003" be introduced for three readings.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that "Electoral Area �A� (MacMillan Road School Site) Sewer Local Service Area Rates and Regulations Amendment Bylaw No. 1237.02, 2003" having received three readings, be adopted.

CARRIED

Morningstar Streetlighting LSA Boundary Amendment Bylaw No. 869.04.

MOVED Director Krall, SECONDED Director Westbroek, that �Morningstar Streetlighting Local Service Area Boundary Amendment Bylaw No. 869.04, 2003� be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

COMMISSION, ADVISORY AND SELECT COMMITTEES

Electoral Area �A� Parks & Open Space Advisory Committee.

MOVED Director Hamilton, SECONDED Director Sherry, that the minutes of the Electoral Area �A� Parks & Open Space Advisory Committee meeting held April 17, 2003, be received for information.

CARRIED

Grants in Aid Committee.

MOVED Director Hamilton, SECONDED Director Haime, that the minutes of the Grants-in-Aid Committee meeting held May 15, 2003 be received for information.

CARRIED

MOVED Director Krall, SECONDED Director Haime, that the following grants be awarded in District 68:
Cedar School & Community Enhancement Society $ 260
1st Lantzville Scouts 2,250
Nanaimo Search & Rescue Society 1,300

MOVED Director Westbroek, SECONDED Director Bartram, that the following grants be awarded in District 69:
District 69 Historical Society $ 2,500
Forward House Community Society 1,000
Oceanside Community Policing Offices 900
Parksville Special Olympics 200
Vancouver Island Palaeontology Museum Society 1,100

CARRIED

Lantzville Parks & Open Space Advisory Committee.

MOVED Director Haime, SECONDED Director Holdom, that the minutes of the Lantzville Parks & Open Space Advisory Committee meetings held March 3 and April 7, 2003, be received for information.

CARRIED

Nanoose Bay Parks & Open Space Advisory Committee.

MOVED Director Bibby, SECONDED Director Biggemann, that the minutes of the Nanoose Bay Parks & Open Space Advisory Committee meeting held May 8, 2003, be received for information.

CARRIED

MOVED Director Bibby, SECONDED Director Biggemann, that the Guidelines for Regional District Role in Ministry of Transportation Water Accesses in Area �E� be accepted.

CARRIED

Regional Waste Advisory Committee.

MOVED Director Sherry, SECONDED Director Haime, that the minutes from the Regional Waste Advisory Committee meetings (previously named Regional Environmental Advisory Committee) held April 24 and May 15, 2003 be received for information.

CARRIED

Transit Business Plan Update Select Committee.

MOVED Director Krall, SECONDED Director Cantelon, that the minutes of the Transit Business Plan Update Select Committee meeting held May 15, 2003, be received for information.

CARRIED

Haslam Creek Suspension Bridge.

MOVED Director Krall, SECONDED Director Hamilton, that the Board congratulate Regional District Staff, all volunteers, sponsors and the forest companies on the successful completion of the Haslam Creek Suspension Bridge.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

Vancouver Island Generation Project Committee � Verbal Update � Gail Lund.

Director Lund reported on recent meetings she had attended with respect to BC Hydro�s proposal to build a gas fired generation plant at Duke Point and spoke to other energy proposals for Vancouver Island.

ADMINISTRATOR�S REPORT

Landfill Gas Collection System Expansion � Tender Award.

MOVED Director Sherry, SECONDED Director McNabb, that the Regional District of Nanaimo award the construction of a landfill gas collection and flare system at the Regional Landfill to Chew Construction Ltd. for the tendered amount of $764,377.65.

CARRIED

Results of the Electoral Area �A� By-Election.

MOVED Director McNabb, SECONDED Director Krall, that the official results of the Electoral Area �A� By-Election be received for information.

CARRIED

Board Procedure Amendment Bylaw No. 1268.03.

MOVED Director Korpan, SECONDED Director McNabb, that the commencement time for Board meetings and Committee of the Whole meetings be changed to 7:00 pm, and Electoral Area Planning Committee meetings be changed to 6:30 pm.

MOVED Director Hamilton, SECONDED Director Korpan, that the Board Procedure Bylaw be amended to delegate authority to the Chairperson to appoint an Alternate Chair when both the Chairperson and Deputy Chairperson will be absent from a meeting.

CARRIED

MOVED Director Hamilton, SECONDED Director Sherry, that the Chairperson be delegated with the authority to make appointments to Select Committees.

CARRIED

MOVED Director McNabb, SECONDED Director Krall, that "Board Procedure Amendment Bylaw No. 1268.03, 2003", as amended, be introduced and read three times.

CARRIED

MOVED Director Westbroek, SECONDED Director McNabb, that "Board Procedure Amendment Bylaw No. 1268.02, 2003" be adopted.

CARRIED

NEW BUSINESS

Community Charter.

The Chairperson reported on a two day session that he attended with the Chief Administrative Officer with respect to the Community Charter.

VI Health Authority Project Building Committee.

Director Holdom advised the Board that the Nanaimo District Hospital Foundation is granting funds towards the construction of the new maternity project at NRGH on the condition that the Vancouver Island Health Authority commit to supply operating funds for the wing. The Foundation is also requesting to meet with the Nanaimo Regional Hospital District Board to discuss hospital capital financing.

MOVED Director Holdom, SECONDED Director Korpan, that the Board be receptive to meeting with the Nanaimo District Hospital Foundation.

CARRIED

MOVED Director Westbroek, SECONDED Director Korpan, that staff examine the option of taxing in advance of required borrowing to reduce the overall cost of the project.

CARRIED

RCMP Operational Communications Centre (9-1-1- Centre).

MOVED Director Korpan, SECONDED Director Krall, that if the RCMP consolidate the three Operational Communications Centres (OCCs) on Vancouver Island that the Regional District of Nanaimo strongly supports the OCCs move to within the Regional District of Nanaimo area.

CARRIED

IN CAMERA

MOVED Director Sherry, SECONDED Director McNabb, that pursuant to Section 242.2(1)(h) of the Local Government Act the Board proceed to an In Camera meeting to consider legal matters.

CARRIED

ADJOURNMENT

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

CARRIED

TIME: 8:45 PM

The meeting reconvened at 9:45 PM

Regional Parks Contribution to the Acquisition of Block 602 � Area G.

MOVED Director Cantelon, SECONDED Director Westbroek, that the purchase of Block 602 in partnership with the Nature Trust with a payment of $300,000 over 3 years from the Regional Parks Acquisition Program and $50,000 from the Electoral Area �G� Community Parks Acquisition Reserve Fund, be approved.

CARRIED

ADJOURNMENT

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

CARRIED

CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES