REGIONAL DISTRICT OF NANAIMO
BOARD MEETING
TUESDAY, SEPTEMBER 9, 2003
7:00 PM
(RDN Board Chambers)
A G E N D A

PAGES

1. CALL TO ORDER

    1. DELEGATIONS

3. BOARD MINUTES

9-19 Minutes of the Board meeting held on August 12, 2003.

4. BUSINESS ARISING FROM THE MINUTES

5. COMMUNICATIONS/CORRESPONDENCE

    1. UNFINISHED BUSINESS
    2. BYLAWS

      For Adoption.

      Bylaw No. 791.08 – Rural Streetlighting LSA Boundary Amendment – Lot 1 & 2, VIP61866, DL28, Island Highway – Area G. (All Directors – One Vote)

      Bylaw No. 921.02 – Official Regional Park Plan Designation Amendment Bylaw. (All Directors – One Vote)

      Bylaw No. 975.29 – Pump & Haul LSA Amendment Bylaw - Douglas & Elinor Motta - 3037 Park Place –– Area E. (All Directors – One Vote)

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

7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE

20-22 Minutes of the Electoral Area Planning Committee meeting held August 26, 2003. (for information)

PLANNING

AMENDMENT APPLICATIONS

ZA0309 – Culverden Holdings (Arbutus Meadows) – 1515 E. Island Highway – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

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

2. 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.

3. That the Public Hearing on the proposed Covenant amendment be delegated to Director Bibby or her alternate.

4. That any approval to permit expanded public assembly events be approved subject to the conditions outlined in Schedule No. 1 and subject to public notification pursuant to the Local Government Act.

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 60338 – Griffin – Strata Lot 3, Miller Road –Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

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.

DP Application No. 60339 – Thompson – Lot 21, Miller Road – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

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.

DP Application No. 60340 – Astrakan/Kyler & Myrfield – Widgeon Road – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

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.

DP No. 60341 – BC Conservation Foundation – Little Qualicum River Regional Park – Area F. (Electoral Area Directors except EA ‘B’ – One Vote)

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.

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.

DP Application No. 60342 – Sokol – 1558 Madrona Drive – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

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.

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 90316 – Ballance – 2830 Benson View Road – Area D. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations with to speak to Application No. 90316.

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.

7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE

23-29 Minutes of the regular Committee of the Whole meeting held August 26, 2003. (for information)

COMMUNICATIONS/CORRESPONDENCE

Sandra Keddy, Town of Qualicum Beach, re Proposed Boundary Extension. (All Directors – One Vote)

That the correspondence from the Town of Qualicum Beach with respect to a proposed boundary extension for Qualicum Beach, be received.

Jack Peake, AVICC President & Chief Alphonse, Cowichan Tribes, re Formation of the Vancouver Island Foundation. (All Directors – One Vote)

That the correspondence from AVICC and the Cowichan Tribes with respect to the formation of the Vancouver Island Foundation, be received.

Lanny Seaton, Acting Mayor, District of Langford, re Vancouver Island Foundation/E & N. (All Directors – One Vote)

That the correspondence from the District of Langford with respect to the formation of the Vancouver Island Foundation, be received.

Shirley Hine, City of Parksville, re Vancouver Island Railway. (All Directors – One Vote)

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.

COMMUNITY SERVICES

REGIONAL GROWTH

Implementation Agreements – Urban Containment & Rural Protection. (All Directors except EA ‘B’ – One Vote)

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.

Regional Growth Strategy Implementation Progress Report 2001/2002. (All Directors except EA ‘B’ – One Vote)

That the report regarding Regional Growth Strategy Implementation Progress for 2001 and 2002 be received.

RECREATION & PARKS

Cranberry Fire Department’s Request for Regional Park Land Use. (All Directors – One Vote)

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.

CORPORATE SERVICES

ADMINISTRATION

Vancouver Island Railway. (All Directors – One Vote)

1. 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.

2. That the Board approve in principle the creation of a Foundation to own and manage the railway corridor on Vancouver Island.

3. 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.

4. That the Chairperson appoint a representative from the Board to work on the creation of the Foundation.

FINANCE

Operating Results to June 30, 2003. (All Directors – One Vote)

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.

That the summary report of financial results from operations to June 30th, 2003 be received for information.

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:

    1. Lot 2, Section 20, Gabriola Island, Nanaimo Land District, Plan 26041, 510 South Road, Electoral Area ‘B’, owned by Lockinvar Enterprises Inc.;
    2. Lot 8, Section 18, Gabriola Island, Nanaimo Land District, Plan VIP51655, 573 Horseshoe Road, Electoral Area ‘B’, owned by G. and H. Marsh;

PLANNING

Closure of Victoria Land Title Office. (All Directors – One Vote)

    1. That the staff report on the closure of the Victoria Land Title Office be received for information.
    2. 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.

ENVIRONMENTAL SERVICES

LIQUID WASTE

Pump & Haul Amendment Bylaw No. 975.30. (All Directors – One Vote)

    1. That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Area ‘G’.
    2. That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include 796 Miller Road, Parksville (Weldon).

3. That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include 1169 McGillvary Avenue, Gabriola Island (Labelle).

4. That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Lot 3, Seaview Drive, Bowser (Melvyn).

5. That "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.30, 2003" be read three times and forwarded to the Inspector of Municipalities for approval.

SOLID WASTE

Waste Stream Management Licensing – Progress Report. (All Directors – One Vote)

That the Board receive the staff report on development of a Waste Stream Management Licensing system for information.

Product Stewardship Developments. (All Directors – One Vote)

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.

Dairy Industry Product Stewardship Proposal. (All Directors – One Vote)

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.

COMMISSION, ADVISORY & SELECT COMMITTEE

Regional Waste Advisory Committee. (All Directors – One Vote)

That the minutes of the Regional Waste Advisory Committee meeting held July 3, 2003 be received for information.

Regional Library Board. (All Directors – One Vote)

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.

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

Mount Benson Property. (All Directors – One Vote)

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.

Town of Qualicum Beach Proposed Boundary Extension. (All Directors – One Vote)

That staff be directed to prepare a report on Qualicum Beach’s proposed boundary extension for the next Committee of the Whole meeting.

Ethical Purchasing Policies. (All Directors – One Vote)

That staff be instructed to prepare a report respecting ethical purchasing and that staff prepare a statement of principle for purchasing.

NEW BUSINESS

Director Lund, re Bill C-325 – An Act to Amend the Income Tax Act. (All Directors – One Vote)

That correspondence be sent to all Members of Parliament in the region and to Member of Parliament, R. Casson, supporting Bill C-325.

7.3 EXECUTIVE STANDING COMMITTEE

7.4 COMMISSIONS

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

    1. ADMINISTRATOR’S REPORT

30-37 Descanso Bay Emergency Wharf – Gabriola Island Update Report. (All Directors – One Vote)

38-41 Request for Funding to Develop Strategy for the Management of Invasive Plants. (All Directors – One Vote)

42-44 Nanaimo Area Land Trust Request for Funding.

45-51 Town of Qualicum Beach Municipal Boundary Extension to Include Four Electoral Area ‘G’ Properties in Town.

52-54 Public Consultation on Financial Plan.

    1. ADDENDUM
    2. 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)(h) of the Local Government Act the Board proceed to an In Camera meeting to consider legal matters.