PAGES

1. CALL TO ORDER

1. DELEGATIONS

3. BOARD MINUTES

12-24 Minutes of the Board meeting held on September 9, 2003 and the Special Board meeting held September 30, 2003.

4. BUSINESS ARISING FROM THE MINUTES

1. COMMUNICATIONS/CORRESPONDENCE

25-26 M. Brown, Town of Qualicum Beach, re Glengarry Golf Links.

1. UNFINISHED BUSINESS

Public Hearing.

27-37 Report of the Public Hearing held October 7, 2003 with respect to the Convenant Amendment Proposal for Culverden Holdings (Arbutus Meadows) � 1515 Island Highway East � Area E. (Electoral Area Directors except EA �B� � One Vote)

BYLAWS

For Adoption.

Bylaw No. 1125.01 - Morningstar Water LSA Boundary Amendment Bylaw. (All Directors � One Vote)

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

7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE

38-42 Minutes of the Electoral Area Planning Committee meeting held September 30, 2003. (for information)

COMMUNICATIONS/CORRESPONDENCE

Helen Sims, re ZA0310 � Green Choice Energy Limited � Peterson Road � Area F. (All Directors � One Vote)

That the correspondence from Helen Sims with respect to Zoning Amendment Application 0310, be received.

Eric Pattison, re DP No. 60347 � Oughtred/Sims � McFeely Drive � Area G. (All Directors � One Vote)

That the correspondence from Eric Pattison with respect to Development Permit Application No. 60347, be received.

PLANNING

AMENDMENT APPLICATIONS

ZA0310 � Green Choice Energy Limited � Peterson Road � Area F. (Electoral Area Directors except EA �B� � One Vote)

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

2. That "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Amendment Bylaw No. 1285.03, 2003" submitted by Fern Road Consulting Ltd. on behalf of H. & F. Ventures and Green Choice Energy Ltd. to rezone the 21.1 ha property legally described as Lot A, District Lot 182, Nanoose District, Plan VIP65017 from A-1 (Agricultural 1) to Comprehensive Development 14 � 2570 Peterson Road, be approved subject to the conditions as outlined in amended Schedule 1, Schedules 2, 3 and 4 and that the bylaw be given 1^st and 2^nd reading.

3. That "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Amendment Bylaw No. 1285.03, 2003" proceed to Public Hearing.

4. That the Public Hearing on "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Amendment Bylaw No. 1285.03, 2003" be delegated to Director Biggemann or his alternate.

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 60344 � Sullivan � Maxey & Newfield Roads �Area D. (Electoral Area Directors except EA �B� � One Vote)

That Development Permit Application No. 60344 as submitted by Larry Sullivan and legally described as that Part of Lot 2 lying south of Maxey Road, Plan 6930, Section 17, Range 5, Mountain Land District to permit the placement of fill, to facilitate the establishment of a building envelope a minimum of 15.0 metres from the natural boundary, and to permit the siting of a well a minimum of 14.0 metres from the natural boundary of the Millstone River within the Natural Hazard Development Permit Area, be approved subject to the conditions as outlined in Schedule Nos. 1, 2 and 3.

DP Application No. 60346 � D. Friesen on behalf of Ming�s Stores Ltd. Inc. � 1694 Cedar Road � Area A. (Electoral Area Directors except EA �B� � One Vote)

That Development Permit Application No. 60346, submitted by Friesen�s Rentals and Hardware on behalf of Ming�s Stores Ltd. Inc., to recognize the siting of the recently constructed addition by relaxing the minimum setback requirement from the other lot line from 5.0 metres to 4.8 metres within the Cedar Village and Cedar Commercial/Industrial Properties Development Permit Area No. 3 for Lot A, Sections 15 and 16, Range 8, Cranberry District, Plan VIP71569, be approved subject to the conditions outlined in Schedule Nos. 1, 2 and 3 of the corresponding staff report and to the notification requirements of the Local Government Act.

DP Application No. 60347 � Oughtred/Sims � McFeely Drive � Area G. (Electoral Area Directors except EA �B� � One Vote)

That Development Permit Application No. 60347, submitted by Helen Sims of Fern Road Consulting Ltd. on behalf of Robert and Adele Oughtred to permit the construction of a dwelling unit and detached garage within the �Environmentally Sensitive Areas and Hazard Lands� Development Permit Areas and to vary the maximum dwelling unit height from 8.0 metres to 8.6 metres on the subject property legally described as Lot 3, District Lot 9, Newcastle District, Plan VIP69413 be approved, subject to the requirements outlined in Schedule Nos. 1, 2, 3 and 4 and subject to notification requirements pursuant to the Local Government Act.

DP Application No. 60348 � Symington � 857 Flamingo Drive � Area G. (Electoral Area Directors except EA �B� � One Vote)

That Development Permit Application No. 60348, submitted by Fern Road Consulting, Agent, on behalf of Wilfred Symington and Alan Symington, to facilitate the removal of an existing dwelling unit and construction of a new dwelling unit, and to vary the maximum dwelling unit height within the Residential 2 (RS2) zone from 8.0 metres to 9.0 metres for the property legally described as Lot 15, District Lot 10, Newcastle District, Plan 10115, be approved subject to the conditions outlined in Schedule No. 1 and subject to the notification requirements pursuant to the Local Government Act.

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 90317 & Request for Relaxation of the Minimum 10% Frontage Requirement � RK Brown & Associates on behalf of W. Roine � Farrar, Yellow Point and McQuarrie Roads � Area A. (Electoral Area Directors except EA �B� � One Vote)

Delegations wishing to speak.

That the request, submitted by RK Brown, on behalf of Wayne Roine to relax the minimum 10% frontage requirement for the Proposed Lots 2, 3 and 4, as shown on the plan of subdivision of The East 20 Chains of Section 5, Range 5, Cedar District, Except Parcel C (DD2340N) and Except That Part in Plan 8609 and to relax the minimum setback requirement from 8.0 metres to 5.3 metres to allow the siting of an existing dwelling unit from a lot line (adjacent to Farrar Road) proposed to be created by subdivision, be approved subject to Schedule No. 1 and the notification requirements pursuant to the Local Government Act.

DVP Application No. 90318 � Kehoe & Adams Freeman � 3475 Cambridge Road � Area E. (Electoral Area Directors except EA �B� � One Vote)

Delegations wishing to speak.

That Development Variance Permit Application No. 90318 to vary the minimum setback requirements of the Residential 1 (RS1) zone from 8.0 metres to 0.0 metres for the front lot line and from 5.0 metres to 0.0 metres from the other lot line to legalize the siting of a recently constructed retaining wall on the property legally described as Lot 31, District Lot 78, Nanoose District, Plan VIP51603 be approved, subject to the requirements outlined in Schedule Nos. 1, 2 and 3 and subject to notification requirements pursuant to the Local Government Act.

DVP No. 90319 � Smith & Tomei � 2476 Nuttal Drive � Area E. (Electoral Area Directors except EA �B� � One Vote)

Delegations wishing to speak.

That Development Variance Permit Application No. 90319 submitted by Anthony Smith, to vary the minimum setback of 15.0 metres from the natural boundary of the retention pond and from the natural boundary of the drainage ditch to 5.0 metres and to approve a building envelope to facilitate the construction of a dwelling unit and attached garage on the property legally described as Lot 8, District Lot 52, Nanoose District, Plan VIS4626 be approved subject to the requirements outlined in Schedule Nos. 1, 2 3 and 4 and subject to notification requirements pursuant to the Local Government Act.

FRONTAGE RELAXATION

Request for Acceptance of Cash in-lieu-of Park Land Dedication & Relaxation of the Minimum 10% Frontage Requirement � Fern Road Consulting Ltd. on behalf of Windward Development (2002) Ltd. Inc. No. 640334 � Arrowsmith Way & Wembley Road � Area G. (Electoral Area Directors except EA �B� � One Vote)

That the request, submitted by Fern Road Consulting Ltd., on behalf of Windward Development (2002) Ltd. Inc. No. 640334 for cash in-lieu-of park land dedication be accepted.

That the request, submitted by Fern Road Consulting Ltd., on behalf of Windward Development (2002) Ltd. Inc. No. 640334 to relax the minimum 10% frontage requirement for proposed Lots 6 and 8, as shown on the plan of subdivision of Lot 2, District 29, Nanoose District, Plan 41955, Except Part in VIP72574, be approved.

Request for Acceptance of Park Land Dedication & Relaxation of the Minimum 10% Frontage Requirement � Koers & Associates on behalf of 3170497 Canada Inc., commonly known as Fairwinds Development � Carmichael Road � Area E. (Electoral Area Directors except EA �B� � One Vote)

That the request from Koers & Associates, on behalf of 3170497 Canada Inc., commonly known as Fairwinds Development, to relax the minimum 10% perimeter frontage requirement for Proposed Lots 2, 3, 4, 6 and 7 as shown on the Plan of Proposed Subdivision of Phase 9A be approved and the offer to dedicate park land in the location and amount as shown on the Plan of Proposed Subdivision of Phase 9A be accepted subject to Schedule No. 1 of the corresponding staff report.

Request for Relaxation of the Minimum 10% Frontage Requirement � K. vanWesten � Whiting Way � Area A. (Electoral Area Directors except EA �B� � One Vote)

That the request, submitted by K vanWesten to relax the minimum 10% frontage requirement for proposed Lot 1 of the proposed subdivision of the Remainder of Lot 1, Section 1, Range 6, Cedar District, Plan VIP68894 as shown on the plan of subdivision be approved.

OTHER

Eagle Nest Tree Development Permit Areas. (Electoral Area Directors except EA �B� � One Vote)

That the staff report to establish development permit areas and guidelines to protect eagle nest trees and possibly the nesting trees of other endangered birds by proceeding with a Public Consultation Strategy, be received for information.

That staff be directed to proceed with the Public Consultation Strategy as outlined in Attachment No. 1. to the corresponding staff report.

That the Regional Board request that the Minister of Water, Land and Air Protection consider amendments to the Wildlife Act to include a buffer area around eagle nest trees and added protection for other endangered species.

That the Regional Board request that the Minister of Agriculture consider amendments to the Right to Farm Act or the incorporation of policies to provide buffer protection for eagle nest trees.

That the Regional Board encourage each member municipality to begin a public consultation process to introduce a regional standard of bylaw to protect eagle nest trees and a buffer around the trees.

That staff prepare a report on the feasibility and value of providing site specific Development Permit Areas based on qualified bird experts� advice, as an option to the minimum-standard specifications under current legislation.

7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE

43-49 Minutes of the regular Committee of the Whole meeting held September 30, 2003. (for information)

COMMUNICATIONS/CORRESPONDENCE

Alastair Kenning, City of Nanaimo, re RDN Drinking Water Initiative. (All Directors � One Vote)

That the correspondence from the City of Nanaimo with respect to the RDN�s drinking water initiative, be received.

Gillian Trumper, MLA, re West Coast General Hospital. (All Directors � One Vote)

That the correspondence from Gillian Trumper, MLA, with respect to the Local Governments meeting held September 15, 2003, be received.

UNFINISHED BUSINESS

From the Committee of the Whole meeting held August 26, 2003.

Drinking Water Protection. (All Directors � One Vote)

50-53 Drinking Water Protection Initiative Workshop Provincial Government Funding. (All Directors � One Vote)

1. That the Board direct staff to organize a workshop that will assist the RDN in defining its role in drinking water protection.
2. That the Board direct staff to make application for a Local Government Infrastructure Planning Grant or a Smart Development Partnership to cover or offset the costs of a workshop.
3. That the Drinking Water Protection Workshop Terms of Reference be approved.
4. That, after the workshop, staff report back to the Board on the results of the workshop and with recommendations and specific cost implications and allocations regarding a drinking water protection strategy for the Regional District.

Intergovernmental Advisory Committee Terms of Reference. (All Directors � One Vote)

That the "Intergovernmental Advisory Committee Terms of Reference Update 2003" be approved.

Town of Qualicum Beach Request to Extend Community Sewer Service to Six Properties � Environmental or Public Health Reasons. (All Directors � One Vote)

1. That the Town of Qualicum Beach request for community sewer services for six properties for environmental or public health reasons be approved for:

c) Subject Property 6 (Lot B, DL 88, Nanoose District, Plan VIP71580), subject to the approval of the incorporation of the property into the Town of Qualicum Beach, the owner of the property paying their share of the full capital, operating and connection costs for community sewer service, and the registration of a restrictive covenant on the property to limit the development of the property to the maximum level specified for land designated by the Regional Growth Strategy as Resource Lands and Open Space in Policy 3A of the Regional Growth Strategy.

2. That staff be directed to bring forward a report and amendments to the Northern Community Sewer Local Service Area Development Cost Charge Area Bylaw and the Municipal Benefiting Area Bylaw to include the Subject Properties.

CORPORATE SERVICES

FINANCE

District 69 Ice Arena Conversion Bylaw No. 1358.

(Parksville, Qualicum Beach, EA�s E, F, G & H � Weighted Vote)

That the Ice Arena conversion bylaw incorporate taxation limits as the greater of $1,292,050 or a tax rate of $0.35 per $1,000 of assessment.

(All Directors � One Vote)

That "Regional District of Nanaimo District 69 Ice Arena Conversion Bylaw No. 1358, 2003", as amended, be introduced for first three readings and be forwarded to the Ministry of Community, Aboriginal and Women�s Services for approval.

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 12, Range 5, Cedar Land District, Plan VIP57855, 2030 Pace Road, Electoral Area �A�, owned by T. Hawthornthwaite;
2. Parcel E (DD4013781) of Section 21, Gabriola Island, Nanaimo Land District, 371 Berry Point Road, Electoral Area �B�, owned by B & K Shopping Centre.

Environmental Management Systems Implementation Plan. (All Directors � One Vote)

That the Environmental Management Systems Implementation Plan for the Liquid Waste Department be approved.

That staff be directed to apply for funding assistance opportunities under the Green Municipal Enabling Fund and Local Government Infrastructure Planning Grant programs.

SOLID WASTE

Terms of Reference for the Regional Landfill Site Liaison Committee. (All Directors � One Vote)

That the terms of reference dated September 2003 for the Regional Landfill Site Liaison Committee be approved.

That the terms of reference be amended to increase the number of residents to be appointed to the Regional Landfill Site Liaison Committee from two to three.

UTILITIES

Reserve Fund Establishing Bylaws � Surfside Water Service Area Reserve Fund Bylaw No. 1360 and Arbutus Park Estates Water Service Area Reserve Fund Bylaw No. 1359. (All Directors � 2/3)

1. That "Surfside Water Service Area Reserve Fund Bylaw No. 1360, 2003" be introduced for first three readings.
2. That "Surfside Water Service Area Reserve Fund Bylaw No. 1360, 2003" having received three readings be adopted.
3. That "Arbutus Park Estates Water Service Area Reserve Fund Bylaw No. 1359, 2003" be introduced for first three readings.
4. That "Arbutus Park Estates Water Service Area Reserve Fund Bylaw No. 1359, 2003" having received three readings be adopted.

Rural Streetlighting LSA Boundary Amendment Bylaw No. 791.09. (All Directors � One Vote)

That "Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.09, 2003" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

COMMISSION, ADVISORY & SELECT COMMITTEE

Electoral Area �A� Parks and Open Space Advisory Committee. (All Directors � One Vote)

That the minutes of the Electoral Area �A� Parks and Open Space Advisory Committee meeting held June 19, 2003 be received for information.

Nanoose Bay Parks & Open Space Advisory Committee. (All Directors � One Vote)

That the minutes of the Nanoose Bay Parks & Open Space Advisory Committee meetings held June 23 and September 8, 2003 be received for information.

Transit Business Plan Update Select Committee. (All Directors � One Vote)

That the minutes of the Transit Business Plan Update Select Committee meeting held September 10, 2003 be received for information.

That Community Services staff be authorized to meet with representatives of School Districts 68 and 69 to discuss areas of possible service integration and that the CUPE Union locals representing both employee groups be invited to be present in those discussions.

District 69 Recreation Commission.

(All Directors � One Vote)

That the minutes of the District 69 Recreation Commission meeting held September 11, 2003 be received for information.

(All Directors � Weighted Vote)

That the Regional District of Nanaimo approve the Sublease with the Parksville Curling Club Society for the use of the District 69 Arena for the term of October 1, 2003 to March 31, 2008.

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

That the minutes of the Regional Waste Advisory Committee meeting held September 11, 2003 be received for information.

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

West Coast General Hospital. (All Directors � One Vote)

That the Regional District of Nanaimo write to the Vancouver Island Health Association to request that the proposed bed closures at the West Coast General Hospital be reconsidered until further consultation is undertaken.

NEW BUSINESS

Interface Forest Fires. (All Directors � One Vote)

That with a view towards the protection of life, property and the environment from interface forest fires in the RDN, staff be directed to prepare a report on interface fire mitigation techniques and make recommendations that, if approved by the Board, would be included in the Regional Growth Management Strategy and Official Community Plans as part of the RDN�s future land development strategy; and further that a copy of all information with respect to interface fire mitigation techniques be forwarded to the Emergency Planning Committee for their information and input.

7.3 EXECUTIVE STANDING COMMITTEE

7.4 COMMISSIONS

1. SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

Intergovernmental Advisory Committee.

54-56 Minutes of the Intergovernmental Advisory Committee meeting held September 17, 2003. (for information)

Regional Growth Monitoring Advisory Committee/State of Sustainability Project.

57 Minutes of the Regional Growth Monitoring Advisory Committee/State of Sustainability Project meeting held September 16, 2003. (for information)

Health Capital Finance Select Committee.

58-60 Minutes of the Health Capital Finance Select Committee meeting held September 16, 2003. (for information)

Community Bonds Select Committee.

Minutes of the Community Bonds Select Committee meeting held September 18, 2003. (for information)

(Parksville, Qualicum Beach, EA�s E, F, G & H � Weighted Vote)

That the Board abandon a community bond initiative and consider other alternatives which could reduce overall borrowing costs including using short term MFA financing and the proposal from the Town of Qualicum Beach to prepay or loan their portion of the project to the RDN.

1. ADMINISTRATOR�S REPORT

62-64 RDN Structure Removal Bylaw No. 1362 � 4025 West Island Highway � Area G. (All Directors � One Vote)

2. ADDENDUM
3. 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)(e) of the Local Government Act the Board proceed to an In Camera meeting to consider the acquisition of land.