PAGES
1. CALL TO ORDER
3. BOARD MINUTES
9-20 Minutes of the Board meeting held on July 8, 2003.
4. BUSINESS ARISING FROM THE MINUTES
5. COMMUNICATIONS/CORRESPONDENCE
21-22 Hans Larsen, re Request by the City of Nanaimo for Extension of the Urban Containment Boundary.
From the June 10, 2003 Board Meeting:
Section 700 Filings.
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 may be pursued:
Lot 1, Section 1, Range 6, Plan VIP68894, Cedar Land District, 3460 Whiting Way, Electoral Area �A�, owned by Pieter Van Westen.
BYLAWS
For Adoption.
Bylaw No. 1353 � Englishman River Community Streetlighting Service Area Establishment Bylaw. (All Directors � One Vote)
23-25 Bylaw No. 500.293 � Fern Road Consulting Ltd., on behalf of Sarkozy � Wembley Road � Area G. (Electoral Area Directors except EA �B� � One Vote)
7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE
26-28 Minutes of the Electoral Area Planning Committee meeting held July 22, 2003. (for information)
PLANNING
Request for Temporary Commercial Use Permit Application No. 0301 � Michael Rosen & Associates on Behalf of Englishman River Land Corporation � Kaye Road � Area G. (Electoral Area Directors except EA �B� � One Vote)
That Temporary Commercial Use Permit No. 0301, submitted by Michael Rosen & Associates on behalf of Englishman River Land Corporation for the property legally described as Lot A, Block 564, Nanoose District, Plan VIP75278, to allow a temporary realty sales office use be approved subject to the conditions outlined in Schedules No. 1 and 2 and the notification requirements pursuant to the Local Government Act.
Request for Park Land Dedication � Peter Mason, BCLS on behalf of G. Greer & K. Butchko � Davenham Road & Dolphin Drive � Area E. (Electoral Area Directors except EA �B� � One Vote)
That the request, submitted by Peter Mason, BCLS, on behalf of George Greer and Kathleen Butchko, to dedicate park land be refused and the applicants be required to provide cash in-lieu-of park land dedication as part of the five-lot subdivision proposal of Lot 3, District Lot 137, Nanoose District, Plan 31921.
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 60307a � Heringa � Strata Lot 1, 799 Miller Road �Area G. (Electoral Area Directors except EA �B� � One Vote)
That Development Application No. 60307a, to legalize the drainage works within the Watercourse Protection and Sensitive Lands Development Permit Areas on the property legally described as Strata Lot 1, District Lot 28, Nanoose District, Plan VIS4363, be approved subject to the conditions outlined in Schedules No. 1 and 2.
DP Application No. 60329 � Friesen on behalf of Ming�s Stores Ltd. Inc. � 1694 Cedar Road � Area A. (Electoral Area Directors except EA �B� � One Vote)
Delegations wishing to speak to DP Application No. 60329.
That Development Permit Application No. 60329, submitted by Friesen�s Rentals and Hardware on behalf of Ming�s Stores Ltd. Inc., to construct an addition to the principal building and allow for signage on a parcel located within the Cedar Village and Cedar Commercial/Industrial Properties Development Permit Area No. 3 for Lot A, Section 15 and 16, Range 8, Cranberry District, Plan VIP71569 be approved, subject to the conditions outlined in Schedule Nos. 1, 2, 3 and 4 of the corresponding staff report and to the notification requirements of the Local Government Act.
DP Application No. 60335 � Janes � 2353 Higginson Road � Area E. (Electoral Area Directors except EA �B� � One Vote)
Delegations wishing to speak to DP Application No. 60335.
That Development Permit Application No. 60335 to construct a shoreline protection device in the form of a retaining wall for the property legally described as Lot 12, District Lot 102, Nanoose District, Plan 21022 be approved, subject to the conditions outlined in Scheduled Nos. 1, 2, 3 and 4 of the corresponding staff report and to the notification requirements pursuant to the Local Government Act.
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
DVP Application No. 90314 � Shaw � 3531 Vera Way � Area D. (Electoral Area Directors except EA �B� � One Vote)
Delegations wishing to speak to DVP Application No. 90314.
That Development Variance Permit Application No. 90314 to vary the minimum setback from a watercourse from 15.0 metres to 4.0 metres to legalize the siting of a recently constructed 5.5 m2 pump house on the property legally described as Lot B, Section 17, Range 4, Mountain District, Plan 24600 be approved subject to the requirements outlined in Schedules No. 1, 2, 3 and 4 and subject to notification requirements pursuant to the Local Government Act.
That staff be directed to include the issue of exemptions from setbacks in the technical review of Bylaw No. 500.
DVP Application No. 90315 � Clan Oil Inc. � 1025 Qualicum Road � Area G. (Electoral Area Directors except EA �B� � One Vote)
Delegations wishing to speak to DVP Application No. 90315.
That Development Variance Permit Application No. 90315 to vary the minimum setback from a watercourse from 15.0 metres to 0.0 metres to facilitate the construction of two pump houses on the property legally described as Remainder of Lot 1, Sections 3 and 4, District Lots 42 and 78, Newcastle District, and District Lot 144, Nanoose District, Plan 11091 Except Plan 38048 and 42931 be approved subject to the requirements outlined in Schedules No. 1, 2 and 3 and subject to notification requirements pursuant to the Local Government Act.
7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE
29-32 Minutes of the regular Committee of the Whole meeting held July 22, 2003. (for information)
COMMUNICATIONS/CORRESPONDENCE
Jim Abram, Chair, Comox-Strathcona Regional District, re Bill 48 � Agriculture Food & Fisheries Statutes Amendment Act. (All Directors � One Vote)
That the correspondence from Comox Strathcona Regional District with respect to the Agriculture Food & Fisheries Statutes Amendment Act be received.
Bill Mills, Nanaimo Port Authority, re Election of Board Chairman. (All Directors � One Vote)
That the correspondence from the Nanaimo Port Authority with respect to the appointment of Dave Bakes as Chairperson of the Board, be received.
Derek Appleton, Alberni-Clayoquot Regional District, re BC Hydro Heritage Contract. (All Directors � One Vote)
That the correspondence from the Alberni-Clayoquot Regional District with respect to BC Hydro�s Heritage Contract proposal to the British Columbia Utilities Commission, be received.
CORPORATE SERVICES
ADMINISTRATION
Application for a Temporary Change to a Liquor Licence � Cassidy Inn � Area A. (All Directors � One Vote)
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 September 7, 2003.
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 700 Filings. (All Directors � One Vote)
That a notice be filed against the titles 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 may be pursued:
(a) Parcel E (DD 4013781) of Section 21, Gabriola Island, Nanaimo Land District, 371 Berry Point Road, Electoral Area �B�, owned by B & K Shopping Centre.
PLANNING
Permanent Change to a Liquor Licence � Hours of Liquor Sales � Frontiersman Neighbourhood Pub & Restaurant � Area F. (All Directors � One Vote)
That the application for a permanent change in a liquor licence for the purpose of amending the hours of liquor sales, as submitted by the Frontiersman Neighbourhood Pub and Restaurant, legally described as Lot A, Salvation Army Lots, Nanoose District, Plan VIP60993, be supported.
Power Generation for Vancouver Island. (All Directors � One Vote)
That the staff report on power options for Vancouver Island be received for information.
ENVIRONMENTAL SERVICES
LIQUID WASTE
2003 Local Government Grant Program � Infrastructure Planning (Study) Grants. (All Directors � One Vote)
That staff be directed to make application to the Ministry of Community, Aboriginal & Women�s Services for a planning grant of $5,000 to evaluate potential groundwater contamination of Site #57 on Gabriola Island.
2002 Annual Report on the Liquid Waste Management Plan. (All Directors � One Vote)
That the 2002 Annual Report on the Liquid Waste Management Plan be received.
Greater Nanaimo Pollution Control Centre Boiler Building Upgrade � Boiler Supply Tender Award and Construction Project Tender Award. (All Directors � Weighted Vote)
That the Regional District of Nanaimo award the contract to supply boilers for the GNPCC boiler building upgrade to Cleaver Brooks for the tendered price of $206,995.39 and award the construction contract for the boiler building upgrade to Knappett Construction for the tendered price of $2,654,411.90.
Greater Nanaimo Pollution Control Centre � Sludge Heating & Boiler Building Upgrade Construction Services. (All Directors � Weighted Vote)
That the Board direct staff to award the construction services consulting project for the GNPCC Sludge Heating and Boiler Upgrade to Associated Engineering Ltd.
Southern Community LSA Wastewater Treatment System & Facilities Reserve Fund Expenditure Bylaw No. 1356 � Greater Nanaimo Pollution Control Centre Boiler Building Upgrade � Release of Reserve Funds. (All Directors � 2/3)
That "Southern Community Local Service Area Wastewater Treatment System and Facilities Reserve Fund Expenditure Bylaw No. 1356, 2003" be introduced for three readings.
That "Southern Community Local Service Area Wastewater Treatment System and Facilities Fund Expenditure Bylaw No. 1356, 2003" having received three readings be adopted.
UTILITIES
Rural Streetlighting LSA Boundary Amendment Bylaw No. 791.08 � Area G. (All Directors � One Vote)
That "Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.08, 2003" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
COMMISSION, ADVISORY & SELECT COMMITTEE
Municipal Insurance Association. (All Directors � One Vote)
33-35 That a letter be sent to Honourable Geoff Plant, Attorney General, requesting that the Ministry reform its laws on joint and several liability for local government.
NEW BUSINESS
Protection of Eagle Trees. (All Directors � One Vote)
That staff be directed to report back to the Committee with respect to establishing development permit areas and guidelines to protect eagle trees within all electoral areas of the Regional District of Nanaimo except Electoral Area �B�.
7.3 EXECUTIVE STANDING COMMITTEE
7.4 COMMISSIONS
7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
36-39 Minutes of the Intergovernmental Advisory Committee meeting held July 30, 2003. (for information)
40-42 Minutes of the Community Policing Select Committee meeting held July 31, 2003. (for information)
43-47 Policing Services. (All Directors � One Vote)
That the following resolution be forwarded to the UBCM, the Minister of Public Safety and Solicitor General and the Minister of Community, Aboriginal and Women�s Services by August 13, 2003:
WHEREAS policing services are delivered to unincorporated areas and to municipalities of less than 5,000 by the RCMP and are under the direct jurisdiction of the Provincial and Federal Governments, where regional districts have no role in the provision of this service;
AND WHEREAS the Province of BC has determined that rural areas and municipalities under 5,000 will contribute 50% towards the cost of rural police financing beginning in 2004;
AND WHEREAS the Province of BC has also determined that the Rural Area Tax will remain at the current level and will not be reduced and they are proposing that the new policing tax will be levied as a Regional District Tax in which regional districts will collect from electoral areas and municipalities under 5,000 and remit these funds to the Province;
THEREFORE BE IT RESOLVED that any tax to be implemented by the Provincial Government to recover policing costs be identified as a Provincial Tax and not as a Regional District Tax for the purpose of collection, and that information be provided to the public and to local government explaining why there are different levels of contribution based upon the size of a jurisdiction;
AND FURTHER, that any formula implemented to recover policing costs be established on the principle of fairness and equity, in which all regional districts are treated equally and contribute to policing by paying their share based upon the service provided, and not through the provincially proposed �ability to pay� formula; and that the Province provide information to regional districts and to their taxpayers explaining why the Rural Area Tax is increasing for rural road maintenance and provide the cost breakdown for this service.
AND FURTHER, that if the Province wishes to assist local governments who do have greater financial challenges than other local governments, that it do so through another mechanism including revisiting the issue of reimbursement of fine revenues.
48-50 Police Financing Position Paper. (All Directors � One Vote)
That the attached Police Financing Position Paper be approved as amended.
That the entire issue of regional policing services and cost sharing be referred to the current phase 2 of the Regional Services Review of the Regional District of Nanaimo.
51-52 Gabriola Island Emergency Evacuation Wharf Counter Petition Results � Bylaw No. 1352. (All Directors � One Vote)
53-66 City of Nanaimo Urban Containment Boundary and Regional Context Statement Change Proposal. (All Directors except EA �B� � One Vote)
11. NEW BUSINESS
12. BOARD INFORMATION (Separate enclosure on blue paper)
14. IN CAMERA
That pursuant to section 242.2(1)(e) of the Local Government Act the Board proceed to an In Camera meeting to consider the acquisition of land.