Present:
Director J. Stanhope Chairperson
Director H. Kreiberg Electoral Area A
Alternate
Director B. Sperling 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 C. Haime District of Lantzville
Director G. Korpan City of Nanaimo
Director R. Cantelon City of Nanaimo
Director T. Krall City of Nanaimo
Alternate
Director D. Tyndall 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
D. Trudeau Manger of Liquid Waste
B. Lapham Gen. Mgr. of Development Services
N. Connelly Gen. Mgr. of Community Services
C. Mason Gen. Mgr. of Corporate Services
M. Pearse Manager of Administrative Services
CALL TO ORDER
The Chairperson welcomed Alternate Directors Sperling and Tyndall to the meeting.
DELEGATIONS
MOVED Director Krall, SECONDED Director Westbroek, that the late delegations be permitted to address the Board.
CARRIED
Rob Bau, re Amendment Application No. ZA0309 � Culverden Holdings (Arbutus Meadows) � 1515 E. Island Highway � Area E.
Mr. Bau advised that he had no further comments on the above noted amendment application.
Barbara Terry, SD 69 Chairperson, re Town of Qualicum Beach Municipal Boundary Extension Request.
Ms. Terry spoke in support of the proposed extension of the Qualicum Beach boundaries and stressed the School Board�s need to have this land available as a school bus depot.
BOARD MINUTES
MOVED Director Westbroek, SECONDED Director McNabb, that the minutes of the regular Board meeting held on August 12, 2003 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Jean Fensome, re DP 60339 � Thompson � Lot 21, Miller Road � Area G.
MOVED Director Krall, SECONDED Director McNabb, that the correspondence from Ms. Fensome outlining her concerns with DP Application No. 60339 be received.
CARRIED
UNFINISHED BUSINESS
BYLAWS
Bylaw No. 791.08.
MOVED Director Westbroek, SECONDED Director Cantelon, that "Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.08, 2003" be adopted.
CARRIED
Bylaw No. 921.02.
MOVED Director Krall, SECONDED Director Biggemann, that "Official Regional Park Plan Designation Amendment Bylaw No. 921.02, 2003" be adopted.
CARRIED
Bylaw No. 975.29.
MOVED Director Westbroek, SECONDED Director Cantelon, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.29, 2003" be adopted.
CARRIED
ELECTORAL AREA PLANNING STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Krall, that the minutes of the Electoral Area Planning Committee meeting held August 26, 2003 be received for information.
CARRIED
PLANNING
AMENDMENT APPLICATIONS
ZA0309 � Culverden Holdings (Arbutus Meadows) � 1515 E. Island Highway � Area E.
MOVED Director Hamilton, SECONDED Director Bibby, that the minutes from the Public Information Meeting be received.
CARRIED
MOVED Director Hamilton, SECONDED Director Bibby, that Amendment Application No. 0309 submitted by Robert Bau on behalf of Samuel Bau to amend a Restrictive Covenant for the property legally described as District Lot 56, Nanoose District, Except Parts in Plans 466R, 950R, 351RW, 6761, 22727, 25734 and 39893 to permit the expansion of the existing public assembly use to include non-equestrian related events proceed to Public Hearing.
CARRIED
MOVED Director Hamilton, SECONDED Director Bibby, that the Public Hearing on the proposed Covenant amendment be delegated to Director Bibby or her alternate.
CARRIED
MOVED Director Bibby, SECONDED Director Hamilton, that any approval to permit expanded public assembly events be approved subject to the conditions outlined in Schedule No. 1 with the following amendments:
Item No. 2 � to only permit the following indoor public assembly events except that other public assembly events may be allowed with the written approval of the Regional District:
Arenacross (indoor motorcycles)
Paintball Tournaments
Indoor Soccer Tournaments
BMX Race/Events
Go-Kart Races/Events
Dog and Cat Shows
Item No. 4 � to only restrict the installation of a permanent or temporary ice surface.
Item No. 5 � to add that escept that the hours may be extended with the written approval of the Regional District.
and subject to public notification pursuant to the Local Government Act.
CARRIED
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 60338 � Griffin � Strata Lot 3, Miller Road � Area G.
MOVED Director Hamilton, SECONDED Director D. Haime, that Development Permit Application No. 60338 submitted by Henry and Heather Griffin, to construct a single bay garage in a Sensitive Lands Development Permit Area pursuant to the "Regional District of Nanaimo French Creek Official Community Plan Bylaw No. 1115, 1998" and to vary the maximum permitted height for an accessory building from 6.0 metres to 8.2 metres for the property legally described as Strata Lot 3, District Lot 28, Nanoose District, Plan VIS4363 be approved, subject to the conditions outlined in Schedule Nos. 1 to 5 of the corresponding staff report and notification requirements pursuant to the Local Government Act.
CARRIED
DP Application No. 60339 � Thompson � Lot 21, Miller Road � Area G.
MOVED Director Hamilton, SECONDED Director D. Haime, that Development Permit Application No. 60339, submitted by K.G. Kyler, Agent, on behalf of Audrey Thompson and Dale Thompson, to facilitate the development of a single dwelling unit, accessory building and retaining wall, and vary the maximum height of buildings and minimum setback requirements within the Residential 1 (RS1) zone as set out in Schedule Nos. 1, 2 and 3 of this staff report, for the property legally described as Lot 21, District Lot 28, Nanoose District, Plan 26472, be approved as submitted subject to the notification requirements of the Local Government Act.
The General Manager of Development Services addressed the concerns outlined in the correspondence from Jean Fensome.
The question was called on the motion.
The motion CARRIED.
DP Application No. 60340 � Astrakan/Kyler & Myrfield � Widgeon Road � Area H.
MOVED Director Hamilton, SECONDED Director Bartram, that Development Permit Application No. 60340 submitted by Kyler & Myrfield Geomatics Ltd., on behalf of Y & L Astrakhan for a 2-lot subdivision within the Environmentally Sensitive Areas and Hazard Lands Development Permit Areas on the property legally described as Lot 4, District Lot 89, Newcastle District, Plan 1884, be approved, subject to the conditions outlined in Schedules No. 1, 2 and 3 of the corresponding staff report.
CARRIED
DP Application No. 60341 � BC Conservation Foundation � Little Qualicum River Regional Park � Area F.
MOVED Director Hamilton, SECONDED Director Biggemann, that Development Permit Application No. 60341, submitted by the BC Conservation Foundation, to construct fish habitat enhancement structures on the property legally described as Lot 1, Block 359, Newcastle Land District, Plan VIP69346, be issued subject to the requirements outlined in Schedules No. 1, 2, 3 and 4.
CARRIED
MOVED Director Hamilton, SECONDED Director Biggemann, that the RDN enter into an agreement with the BC Conservation Foundation which grants the Association access over the RDN Little Qualicum River Regional Park to construct structures in six separate locations on the Little Qualicum River to improve fish habitat, subject to obtaining the necessary approvals and ensuring that the long-term viability of the structures is maintained and that any liability associated with the failure of these structures is not attributed to the RDN.
CARRIED
DP Application No. 60342 � Sokol � 1558 Madrona Drive � Area E.
MOVED Director Hamilton, SECONDED Director Bibby, that Development Permit Application No. 60342, submitted by Al Benwell, Agent, on behalf of Scott Sokol and Carol Sokol, to legalize an existing deck structure and recognize the siting of the legal non-conforming dwelling unit and accessory building, and vary the minimum setback requirements for a coastal watercourse within the Residential 1 (RS1) zone for the property legally described as Lot 52, District Lot 68, Nanoose District, Plan 26680, be approved as submitted subject the requirements of Schedule Nos. 1 and 2 and to notification requirements pursuant to the Local Government Act.
CARRIED
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
DVP Application No. 90316 � Balance � 2830 Benson View Road � Area D.
MOVED Director Hamilton, SECONDED Director D. Haime, That Development Variance Permit Application No. 90316 by Stanley Neville Balance to amend Development Variance Permit No. 0306 to allow for modifications to the design of the garage/loft to facilitate the inclusion of a balcony, sliding glass door and 4 attic dormers for the proposed garage/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.
CARRIED
COMMITTEE OF THE WHOLE STANDING COMMITTEE
MOVED Director Krall, SECONDED Director Hamilton, that the minutes of the regular Committee of the Whole meeting held August 26, 2003 be received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Sandra Keddy, Town of Qualicum Beach, re Proposed Boundary Extension.
MOVED Director Westbroek, SECONDED Director Biggemann, that the correspondence from the Town of Qualicum Beach with respect to a proposed boundary extension for Qualicum Beach, be received.
CARRIED
Jack Peake, AVICC President & Chief Alphonse, Cowichan Tribes, re Formation of the Vancouver Island Foundation.
MOVED Director Westbroek, SECONDED Director Biggemann, that the correspondence from AVICC and the Cowichan Tribes with respect to the formation of the Vancouver Island Foundation, be received.
CARRIED
Lanny Seaton, Acting Mayor, District of Langford, re Vancouver Island Foundation/E & N.
MOVED Director Westbroek, SECONDED Director Biggemann, that the correspondence from the District of Langford with respect to the formation of the Vancouver Island Foundation, be received.
CARRIED
Shirley Hine, City of Parksville, re Vancouver Island Railway.
MOVED Director Westbroek, SECONDED Director Biggemann, that the correspondence from the City of Parksville with respect to the establishment of a local government controlled foundation to own the E & N Railway and corridor, be received.
CARRIED
COMMUNITY SERVICES
REGIONAL GROWTH
Implementation Agreements � Urban Containment and Rural Protection.
MOVED Director Westbroek, SECONDED Director Hamilton,:
That the Terms of Reference for the Urban Containment Implementation Agreement Update and the Rural Protection Implementation Agreement be approved.
That the Terms of Reference be amended to allow for public input in the proposed agreement after Stage 4.
That staff be instructed to investigate the possibility of differentiating between rural containment areas internally contained compared to rural containment areas which border on municipal jurisdiction.
CARRIED
Regional Growth Strategy Implementation Progress Report 2001/2002.
MOVED Director Cantelon, SECONDED Director Westbroek, that the report regarding Regional Growth Strategy Implementation Progress for 2001 and 2002 be received.
CARRIED
RECREATION & PARKS
Cranberry Fire Department�s Request for Regional Park Land Use.
MOVED Director Kreiberg, SECONDED Director Hamilton, that the Regional District grant permission to the Cranberry District Fire Department to develop a water well and associated structures, as described at Nanaimo River Regional Park subject to the CDFD entering into an agreement with the Regional District and meeting all regulations.
CARRIED
CORPORATE SERVICES
ADMINISTRATION
Vancouver Island Railway.
MOVED Director Cantelon, SECONDED Director Holdom, that the Board approve an amount of $6,139.12 as the Regional District of Nanaimo�s share of the consultant�s report. The source of funding to be general administration.
CARRIED
MOVED Director Cantelon, SECONDED Director Bartram, that the Board approve in principle the creation of a Foundation to own and manage the railway corridor on Vancouver Island.
CARRIED
MOVED Director Cantelon, SECONDED Director Krall, that the Board participate in the next phase of discussions with the understanding that:
(i) any further consultant or study costs be brought to the Board for approval.
(ii) any final decision on our participation in the Foundation would be made upon receipt of the final Foundation documents, appraisals and environmental studies, and the business plan.
CARRIED
MOVED Director Cantelon, SECONDED Director Krall, that the Chairperson appoint a representative from the Board to work on the creation of the Foundation.
CARRIED
FINANCE
Operating Results to June 30, 2003.
MOVED Director Westbroek, SECONDED Director D. Haime, that the Transit budget items be referred to the Transit Business Plan Select Committee with a report to come forward to the September Committee of the Whole meeting.
CARRIED
MOVED Director Westbroek, SECONDED Director Bibby, that the summary report of financial results from operations to June 30th, 2003 be received for information.
CARRIED
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 700 Filings.
The Chairperson advised that the following filing was being removed and referred to the In Camera meeting:
Lot 8, Section 18, Gabriola Island, Nanaimo Land District, Plan VIP51655, 573 Horseshoe Road, Electoral Area �B�, owned by G. and H. Marsh.
MOVED Director Westbroek, SECONDED Director Biggemann, 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) Lot 2, Section 20, Gabriola Island, Nanaimo Land District, Plan 26041, 510 South Road, Electoral Area �B�, owned by Lockinvar Enterprises Inc.;
CARRIED
PLANNING
Closure of Victoria Land Title Office.
MOVED Director Krall, SECONDED Director C. Haime, that the staff report on the closure of the Victoria Land Title Office be received for information.
CARRIED
MOVED Director Krall, SECONDED Director Longmuir, that staff be directed to write a letter to the Honourable Stan Hagan, Minister of Sustainable Resource Management, requesting that the decision to close the Land Title Office in Victoria be reconsidered due to the importance of this office to local governments, the development community and the citizens of Vancouver Island.
CARRIED
ENVIRONMENTAL SERVICES
LIQUID WASTE
Pump & Haul Amendment Bylaw No. 975.30.
MOVED Director Westbroek, SECONDED Director Cantelon, that the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Area �G�.
CARRIED
MOVED Director Westbroek, SECONDED Director Cantelon, that the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include 796 Miller Road, Parksville (Weldon).
CARRIED
MOVED Director Westbroek, SECONDED Director Sperling, that the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include 1169 McGillvary Avenue, Gabriola Island (Labelle).
CARRIED
MOVED Director Bartram, SECONDED Director Westbroek, that consideration of including Lot 3, Seaview Drive, Bowser (Melvyn) into the pump and haul function be deferred for one month.
CARRIED
MOVED Director Biggemann, SECONDED Director Bibby, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.30, 2003" be read three times as amended and forwarded to the Inspector of Municipalities for approval.
CARRIED
SOLID WASTE
Waste Stream Management Licensing � Progress Report.
MOVED Director Westbroek, SECONDED Director McNabb, that the Board receive the staff report on development of a Waste Stream Management Licensing system for information.
CARRIED
Product Stewardship Developments.
MOVED Director Westbroek, SECONDED Director Cantelon, that the Board send a letter to the BC Premier, copied to the Minister of Water, Land and Air Protection and UBCM supporting the four principles of the product stewardship business plan emphasizing the principle that the revised regulation support the producer and consumer as the responsible parties for product stewardship materials, and rejecting the shared responsibility model.
CARRIED
Dairy Industry Product Stewardship Proposal.
MOVED Director Westbroek, SECONDED Director Cantelon, that the Board send a letter to the BC Premier, copied to the Minister of Water, Land and Air Protection, BC Dairy Council, UBCM and all regional districts supporting the Regional District of Kootenay Boundary position that milk containers be included in the deposit refund system and that the Board request all RDN municipalities to send similar letters.
CARRIED
COMMISSION, ADVISORY AND SELECT COMMITTEES
Regional Waste Advisory Committee.
MOVED Director Krall, SECONDED Director Biggemann, that the minutes of the Regional Waste Advisory Committee meeting held July 3, 2003 be received for information.
CARRIED
Regional Library Board.
MOVED Director Krall, SECONDED Director Cantelon, that the Board endorse the Vancouver Island Regional Library Board�s recommendations as a way of responding to the UBCM Library Task Force�s request for input into the Strategic Plan for BC Public Libraries.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Mount Benson Property.
MOVED Director Cantelon, SECONDED Director Holdom, that staff be directed to prepare a report with respect to Nanaimo Area Land Trust�s request for financial support to carry out professional timber and real estate appraisals for the 523 acre property at the top of Mount Benson.
CARRIED
Town of Qualicum Beach Proposed Boundary Extension.
MOVED Director Westbroek, SECONDED Director C. Haime, that staff be directed to prepare a report on Qualicum Beach�s proposed boundary extension for the next Committee of the Whole meeting.
CARRIED
Ethical Purchasing Policies.
MOVED Director Holdom, SECONDED Director Krall, that staff be instructed to prepare a report respecting ethical purchasing and that staff prepare a statement of principle for purchasing.
CARRIED
NEW BUSINESS
Director Lund, re Bill C-325 � An Act to Amend the Income Tax Act.
MOVED Director Sperling, SECONDED Director Hamilton, that correspondence be sent to all Members of Parliament in the region and to Member of Parliament, R. Casson, supporting Bill C-325.
CARRIED
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
BOARD SELECTION COMMITTEE
Grants-in-Aid Committee.
MOVED Director Hamilton, SECONDED Director D. Haime, that Sandra Selfjord be appointed to the Grants-in-Aid Committee for a term ending December 31, 2004.
CARRIED
ADMINISTRATOR�S REPORT
Descanso Bay Emergency Wharf � Gabriola Island Update Report.
MOVED Director Sperling, SECONDED Director Longmuir, that this information update report on the Gabriola Emergency Wharf initiative be received.
CARRIED
MOVED Director Sperling, SECONDED Director Bartram, that the "Regional District of Nanaimo Bylaw No. 1357, 2003" be introduced, given three readings and proceed to referendum on November 1, 2003 to obtain voter assent.
CARRIED
MOVED Director Sperling, SECONDED Director Westbroek, that the following question be brought forward to the electorate:
"Are you in favour of the Regional District of Nanaimo adopting:
Descanso Bay Wharf Service Bylaw No. 1357, 2003, which would:
ii) in the second and subsequent years after adoption of the Bylaw the greater of $7,880 or $1.70 per $100,000 of assessment ($0.017 per $1,000) applied to the net taxable value of land and improvements?"
CARRIED
MOVED Director Sperling, SECONDED Director Krall, that C. Mason be appointed as Chief Elections Officer and M. Pearse as Deputy Elections Officer for the referendum.
CARRIED
Request for Funding to Develop Strategy for the Management of Invasive Plants.
MOVED Director McNabb, SECONDED Director Korpan, that the Regional District of Nanaimo provide $1,500 to the Fraser Basin Council to assist in the development of a province wide strategy for the management of invasive plants.
CARRIED
Nanaimo Area Land Trust Request for Funding.
MOVED Director McNabb, SECONDED Director Holdom, that the Regional District provide $5,545 to the Nanaimo Area Land Trust to respond to their request for financial support to carry out professional timber and real estate appraisals for a property on Mount Benson.
CARRIED
Town of Qualicum Beach Municipal Boundary Extension to Include Four Electoral Area �G� Properties in Town.
MOVED Director Westbroek, SECONDED Director McNabb, that the comments listed in Schedule No. 1, regarding the Town of Qualicum Beach proposal to incorporate four properties currently within Electoral Area �G� into the Town, be forwarded to the Town and to the Minister of Community, Aboriginal and Women�s Services.
CARRIED
2004-2008 Financial Plan Review Process � Presentation.
The Chief Administrative Officer provided an overview of the upcoming Financial Plan Review Process.
Public Consultation on Financial Plan.
MOVED Director Holdom, SECONDED Director Cantelon,:
That the 2004 annual budget and five year financial plan be considered at regularly constituted public meetings of the Board and/or Committee of the Whole.
That the budget meeting timetable be prominently displayed on the Regional District website, at Regional District office locations and advertised two weeks in advance in the primary newspapers circulated in the Regional District.
That public information meetings be held at selected locations throughout the Regional District.
CARRIED
RISE & REPORT (From the In Camera Board Meeting)
Morningstar Creek Water LSA Amendment Bylaw No. 1125.01.
MOVED Director Westbroek, SECONDED Director Krall, that "Morningstar Creek Water Local Service Area Amendment Bylaw No. 1125.01, 2003" to remove Lot 1, Plan VIP62528, DL 28, Nanoose Land District from the Morningstar Creek Water Local Service Area be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
ADJOURNMENT
MOVED Director Tyndall, 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