Present:
Director J. Stanhope Chairperson
Director H. Kreiberg Electoral Area A
Director G. Lund Electoral Area B
Director E. Hamilton Electoral Area C
Director D. Haime Electoral Area D
Alternate
Director H. Webster Electoral Area E
Director L. Biggemann Electoral Area F
Director R. Longmuir City of Parksville
Alternate
Director A. Kruyt Town of Qualicum Beach
Director C. Haime District of Lantzville
Director G. Korpan City of Nanaimo
Alternate
Director D. Brennan 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
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
N. Tonn Recording Secretary
LATE DELEGATIONS
MOVED Director D. Haime, SECONDED Director Kruyt, that Mr. Moore be permitted to address the Board as a late delegation.
CARRIED
John Moore, re Bulk Water Development Cost Charges.
Mr. Moore raised his concerns with the bulk water development cost charge requirements associated with the development of his property.
BOARD MINUTES
MOVED Director Sherry, SECONDED Director Holdom, that the minutes of the regular Board meeting held on July 8, 2003 be adopted, as amended.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Hans Larsen, re Request by the City of Nanaimo for Extension of the Urban Containment Boundary.
MOVED Director Sherry, SECONDED Director McNabb, that the correspondence received from Hans Larsen with respect to a request by the City of Nanaimo for extension of the urban containment boundary and the modification of the Regional Context Statement, be received.
CARRIED
Connie Heringa, re DP Application No. 60307 � Heringa � Lot 1, Miller Road � Area G.
MOVED Director Sherry, SECONDED Director McNabb, that the correspondence received from Connie Heringa with respect to Development Permit application No. 60307, be received.
CARRIED
UNFINISHED BUSINESS
From the June 10, 2003 Board Meeting.
Section 700 Filings.
MOVED Director Kreiberg, SECONDED Director McNabb, 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 after a further referral by the Board with an opportunity of representation by the property owner:
Lot 1, Section 1, Range 6, Plan VIP68894, Cedar Land District, 3460 Whiting Way, Electoral Area �A�, owned by Pieter Van Westen.
CARRIED
BYLAWS
Bylaw No. 1353.
MOVED Director McNabb, SECONDED Director Kruyt, that "Englishman River Community Streetlighting Service Area Establishment Bylaw No. 1353, 2003" be adopted.
CARRIED
Bylaw No. 500.293.
MOVED Director Hamilton, SECONDED Director Biggemann, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.293, 2003" be adopted.
CARRIED
ELECTORAL AREA PLANNING STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director D. Haime, that the minutes of the Electoral Area Planning Committee meeting held July 22, 2003 be received for information.
CARRIED
PLANNING
Request for Temporary Commercial Use Permit Application No. 0301 � Michael Rosen & Associates on behalf of Englishman River Land Corporation � Kaye Road � Area G.
MOVED Director Hamilton, SECONDED Director Kreiberg, 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.
CARRIED
Request for Park Land Dedication � Peter Mason, BCLS on behalf of G. Greer & K. Blutchko � Davenham Road & Dolphin Drive � Area E.
MOVED Director Hamilton, SECONDED Director Webster, 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.
CARRIED
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 60307a � Heringa � Strata Lot 1, 799 Miller Road � Area G.
MOVED Director Hamilton, SECONDED Director D. Haime, 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.
CARRIED
DP Application No. 60329 � Friesen on behalf of Ming�s Stores Ltd. Inc. � 1694 Cedar Road � Area A.
MOVED Director Hamilton, SECONDED Director Kreiberg, 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.
CARRIED
DP Application No. 60335 � Janes � 2353 Higginson Road � Area E.
MOVED Director Hamilton, SECONDED Director Webster, 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.
CARRIED
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
DVP Application No. 90314 � Shaw � 3531 Vera Way � Area D.
MOVED Director Hamilton, SECONDED Director D. Haime,:
1. 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.
2. That staff be directed to include the issue of exemptions from setbacks in the technical review of Bylaw No. 500.
CARRIED
DVP Application No. 90315 � Clan Oil Inc. � 1025 Qualicum Road � Area G.
MOVED Director Hamilton, SECONDED Director D. Haime, 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.
CARRIED
COMMITTEE OF THE WHOLE STANDING COMMITTEE
MOVED Director Sherry, SECONDED Director Krall, that the minutes of the regular Committee of the Whole meeting held July 22, 2003 be received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Jim Abram, Chair, Comox-Strathcona Regional District, re Bill 48 � Agriculture Food & Fisheries Statutes Amendment Act.
MOVED Director Holdom, SECONDED Director Longmuir, that the correspondence from Comox Strathcona Regional District with respect to the Agriculture Food & Fisheries Statutes Amendment Act, be received.
CARRIED
Bill Mills, Nanaimo Port Authority, re Election of Board Chairman.
MOVED Director Holdom, SECONDED Director Longmuir, that the correspondence from the Nanaimo Port Authority with respect to the appointment of Dave Bakes as Chairperson of the Board, be received.
CARRIED
Derek Appleton, Alberni-Clayoquot Regional District, re BC Hydro Heritage Contract.
MOVED Director Holdom, SECONDED Director Longmuir, 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.
CARRIED
CORPORATE SERVICES
ADMINISTRATION
Application for a Temporary Change to a Liquor Licence � Cassidy Inn � Area A.
MOVED Director Kreiberg, 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 September 7, 2003.
CARRIED
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 700 Filings.
MOVED Director Hamilton, SECONDED Director C. Haime, 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:
(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.
CARRIED
PLANNING
Permanent Change to a Liquor Licence � Hours of Liquor Sales � Frontiersman Neighbourhood Pub & Restaurant � Area F.
MOVED Director Biggemann, SECONDED Director Krall, 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.
CARRIED
Power Generation for Vancouver Island.
MOVED Director Krall, SECONDED Director McNabb, that the staff report on power options for Vancouver Island be received for information.
CARRIED
ENVIRONMENTAL SERVICES
LIQUID WASTE
2003 Local Government Grant Program � Infrastructure Planning (Study) Grants.
MOVED Director Sherry, SECONDED Director McNabb, 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.
CARRIED
2002 Annual Report on the Liquid Waste Management Plan.
MOVED Director Sherry, SECONDED Director McNabb, that the 2002 Annual Report on the Liquid Waste Management Plan be received.
CARRIED
Greater Nanaimo Pollution Control Centre Boiler Building Upgrade � Boiler Supply Tender Award and Construction Project Tender Award.
MOVED Director Sherry, SECONDED Director McNabb, 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.
CARRIED
Greater Nanaimo Pollution Control Centre � Sludge Heating & Boiler Building Upgrade Construction Services.
MOVED Director Sherry, SECONDED Director McNabb, that the Board direct staff to award the construction services consulting project for the GNPCC Sludge Heating and Boiler Upgrade to Associated Engineering Ltd.
CARRIED
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.
MOVED Director Sherry, SECONDED Director Holdom, that "Southern Community Local Service Area Wastewater Treatment System and Facilities Reserve Fund Expenditure Bylaw No. 1356, 2003" be introduced for three readings.
CARRIED
MOVED Director Sherry, SECONDED Director Holdom, that "Southern Community Local Service Area Wastewater Treatment System and Facilities Fund Expenditure Bylaw No. 1356, 2003" having received three readings be adopted.
CARRIED
UTILITIES
Rural Streetlighting LSA Boundary Amendment Bylaw No. 791.08 � Area G.
MOVED Director Sherry, SECONDED Director Longmuir, 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.
CARRIED
COMMISSION, ADVISORY AND SELECT COMMITTEES
Municipal Insurance Association.
MOVED Director Korpan, SECONDED Director Biggemann, 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.
CARRIED
NEW BUSINESS
Protection of Eagle Trees.
MOVED Director D. Haime, SECONDED Director Holdom, 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�.
CARRIED
Director Kreiberg requested that staff also investigate the possibility of tax relief for nesting tree encumbrances and that staff consult with habitat technicians from the Department of Fisheries and Oceans and the Ministry of Air, Land and Water Protection for input on the siting of development permit boundaries. The Chairperson also requested that staff contact Ron Speller from the BC Wildlife Federation for input.
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
BOARD SELECTION COMMITTEE
Regional Growth Management Advisory Committee � State of Sustainability Project.
MOVED Director Hamilton, SECONDED Director Krall, that Gordon Buckingham, Betty Collins and Ross Peterson be appointed to the RGMAC State of Sustainability Project Committee as a General Public (Environment) representative.
CARRIED
MOVED Director Hamilton, SECONDED Director Krall, that Brian Anderson, Douglas Anderson and Adele McKillop be appointed to the RGMAC State of Sustainability Project Committee as a General Public (Economy) representative.
CARRIED
MOVED Director Hamilton, SECONDED Director Krall, that Janet Farooq, Sylvia Neden and Sharon Thomson be appointed to the RGMAC State of Sustainability Project Committee as a General Public (Social/Human Sector) representative.
CARRIED
Board of Variance.
MOVED Director Hamilton, SECONDED Director Krall, that John Little be appointed to the Board of Variance for a term ending September 12, 2006.
CARRIED
Intergovernmental Advisory Committee.
MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the Intergovernmental Advisory Committee meeting held July 30, 2003, be received for information.
CARRIED
Community Policing Select Committee.
MOVED Director McNabb, SECONDED Director D. Haime, that the minutes of the Community Policing Select Committee meeting held July 31, 2003, be received for information.
CARRIED
Policing Services.
MOVED Director D. Haime, SECONDED Director Hamilton, 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.
CARRIED
Police Financing Position Paper.
MOVED Director Hamilton, SECONDED Director D. Haime, that the Police Financing Position Paper attached to the report be approved as amended.
CARRIED
MOVED Director Hamilton, SECONDED Director Biggemann, 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.
CARRIED
ADMINISTRATOR�S REPORT
Gabriola Island Emergency Evacuation Wharf Counter Petition Results � Bylaw No. 1352.
MOVED Director Lund, SECONDED Director Korpan, that the "Descanso Bay Wharf Service Bylaw No. 1352, 2003" be referred to the September 9, 2003 Board meeting to determine whether to proceed to referendum or to abandon the bylaw.
CARRIED
Director Lund reported that the Federal Government will not be divesting of the Green Landing Wharf.
City of Nanaimo Urban Containment Boundary and Regional Context Statement Change Proposal.
MOVED Director D. Haime, SECONDED Director Brennan, that this item be deferred to the next Committee of the Whole meeting.
A recorded vote was requested.
The motion was DEFEATED with Directors Stanhope, Brennan, Webster, C. Haime, Holdom, D. Haime and Hamilton voting in the affirmative and Directors Krall, Biggemann, Korpan, Kreiberg, McNabb, Longmuir, Kruyt and Sherry voting in the negative.
MOVED Director Krall, SECONDED Director McNabb, that the report "Urban Containment Boundary Change Request: City of Nanaimo: Jeffs and Cattrall Properties" be received.
CARRIED
MOVED Director Krall, SECONDED Director McNabb, that the City of Nanaimo proposal to include inside the Urban Containment Boundary the property legally described as Lot 2, District Lot 26, Wellington District, Plan 37425, Except Part in Plan VIP70172 (referred to as the Jeffs property) and a triangular portion of property legally described as Lot A, District Lot 26, Wellington District, Plan 12781, Except Part in Plan VIP62700 (referred to as the Cattrall property) and to ament their regional context statement, be supported subject to the following conditions, to mitigate any potential impacts and establish a gradual transition from urban to rural land uses:
a) designating the Cattrall property as within the City of Nanaimo DPA 22 (Nanaimo Parkway) and DPA 21 (Commercial, Industrial, Institutional, Multiple Family Residential, and Mixed Commercial/Residential Development), and designating the Jeffs property as within the City of Nanaimo DPA 21 (Commercial, Industrial, Institutional, Multiple Family Residential, and Mixed Commercial/Residential Development), to ensure the form and character of any future urban development is complementary to adjacent properties (both urban and rural);
b) respecting the existing Lantzville Official Community Plan policies for land in the Gateway Lands designation for any future development of the Cattrall and Jeffs properties;
c) respecting the existing Lantzville Official Community Plan policies regarding road networking as a part of any future development of the Cattrall and Jeffs properties;
d) securing a commitment from the developer of the Jeffs property to improve the traffic network in the Dover and Dickenson Road area by contributing the property necessary to establish a connection between Dover and Lantzville Roads and constructing this road;
e) addressing that the issues and concerns as described in the May 28, 2003 letter from Mr. Brian Mehaffey, City of Nanaimo, General Manager of Development Services, to RDN Electoral Area �D� Director Denise Haime;
f) the landscape buffering and road construction requirements for the development of the Jeffs property may be located on the property legally described as Lot 1, District Lot 26, Wellington District, Plan 37425, Except part in Plan VIP70172 (the Mor Courage property), located adjacent to the Jeffs property;
g) in the case of the development of the Jeffs property, securing the buffering and road construction requirements through a mutually agreeable mechanism, such as an agreement or covenant.
A recorded vote was requested.
The motion CARRIED with Directors Stanhope, Krall, Biggemann, Korpan, Kreiberg, McNabb, C. Haime, Longmuir, Holdom, Kruyt and Sherry voting in the affirmative and Directors Brennan, Webster, D. Haime and Hamilton voting in the negative.
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Bulk Water Development Cost Charges � French Creek Estates.
MOVED Director Hamilton, SECONDED Director McNabb, that staff be instructed to bring forward a detailed report with respect to the request by French Creek Estates for a reduction in the cost of the development cost charges for Phase II and the options available.
CARRIED
IN CAMERA
MOVED Director Sherry, SECONDED Director Holdom, 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.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director Holdom, that this meeting be adjourned to allow for an In Camera meeting.
CARRIED
TIME: 7:50 PM
The meeting reconvened at 8:25 PM.
ENVIRONMENTAL SERVICES
Residual Solid Waste Disposal Options.
MOVED Director Korpan, SECONDED Director Longmuir,:
That as a short term measure the Board support the option to optimize the capacity of the existing landfill by constructing a geogrid toe berm on the south and southeast sides of the landfill and continuing the current arrangement for partial waste export;
That the Board direct staff to regularly review waste export options prior to future export contract renewals;
That the Board direct staff to include capacity optimization at the existing landfill in the public consultation for the Stage 3 SWMP amendment process;
That the Board direct staff to prepare a strategy to secure a suitable transfer site;
That the Board direct staff to continue to review emerging residual waste management technologies and discuss potential cooperative strategies with adjacent regional districts, and that the Board reconsider regional solid waste disposal options no later than December 31, 2006; and,
That the entire issue of residual solid waste disposal options and costing be referred to the current phase 2 of the Regional Services Review of the Regional District of Nanaimo.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director Brennan, that this meeting terminate.
CARRIED
TIME: 8:28 PM
CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES