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
Alternate
Director I. Neden 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
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
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 Neden to the meeting.
BOARD MINUTES
MOVED Director Sherry, SECONDED Director Krall, that the minutes of the Board meeting held on September 9, 2003 and the Special Board meeting held September 30, 2003 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
M. Brown, Town of Qualicum Beach, re Glengarry Golf Links.
MOVED Director Westbroek, SECONDED Director McNabb, that the correspondence from Mr. M. Brown with respect to the Glengarry Golf Links application to the ALC be received.
CARRIED
UNFINISHED BUSINESS
Director Bartram advised that the pump and haul application for Lot 3, Seaview Drive, Bowser (Melvyn) that was deferred for one month in the September 9, 2003 Board Minutes would be held in abeyance until further notice and until issues with respect to the development variance permit are resolved.
Public Hearing.
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.
MOVED Director Bibby, SECONDED Director Hamilton, that the report of the Public Hearing containing the Summary of Minutes and Submissions of the Public Hearing held on October 7, 2003 be received.
CARRIED
MOVED Director Bibby, SECONDED Director Hamilton, that the proposal to amend the Land Use Covenant in order to facilitate expanded public assembly events on the subject property be approved subject to the conditions outlined in Schedules No. 1 and 2.
CARRIED
MOVED Director Bibby, SECONDED Director D. Haime, that staff be directed to secure the conditions as outlined in Schedule No. 1 prior to final approval by the RDN Board.
CARRIED
BYLAWS
For Adoption.
Bylaw No. 1125.01.
MOVED Director Bibby, SECONDED Director Longmuir, that Morningstar Creek Water Local Service Area Amendment Bylaw No. 1125.01, 2003" be adopted.
CARRIED
STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS
ELECTORAL AREA PLANNING STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Bartram, that the minutes of the Electoral Area Planning Committee meeting held September 30, 2003 be received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Helen Sims, re ZA0310 � Green Choice Energy Limited � Peterson Road � Area F.
MOVED Director Cantelon, SECONDED Director Longmuir, that the correspondence from Helen Sims with respect to Zoning Amendment Application 0310, be received.
CARRIED
Eric Pattison, re DP No. 60347 � Oughtred/Sims � McFeely Drive � Area G.
MOVED Director Hamilton, SECONDED Director D. Haime, that the correspondence from Eric Pattison with respect to Development Permit Application No. 60347, be received.
CARRIED
PLANNING
AMENDMENT APPLICATIONS
Amendment Application ZA0310 � Green Choice Energy Limited � Peterson Road � Area F.
MOVED Director Hamilton, SECONDED Director Neden, that the minutes from the Public Information Meeting be received.
CARRIED
MOVED Director Hamilton, SECONDED Director Neden, 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 1st and 2nd reading.
CARRIED
MOVED Director Hamilton, SECONDED Director Neden, that "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Amendment Bylaw No. 1285.03, 2003" proceed to Public Hearing.
CARRIED
MOVED Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 60344 � Sullivan � Maxey & Newfield Roads �Area D.
MOVED Director Hamilton, SECONDED Director D. Haime, 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.
CARRIED
DP Application No. 60346 � D. 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. 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.
CARRIED
DP Application No. 60347 � Oughtred/Sims � McFeely Drive � Area G.
MOVED Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
DP Application No. 60348 � Symington � 857 Flamingo Drive � Area G.
MOVED Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
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.
MOVED Director Hamilton, SECONDED Director Kreiberg, 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.
CARRIED
DVP Application No. 90318 � Kehoe & Adams Freeman � 3475 Cambridge Road � Area E.
MOVED Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
DVP No. 90319 � Smith & Tomei � 2476 Nuttal Drive � Area E.
MOVED Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
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.
MOVED Director Hamilton, SECONDED Director D. Haime, 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.
CARRIED
MOVED Director Hamilton, SECONDED Director D. Haime, 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.
CARRIED
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.
MOVED Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
Request for Relaxation of the Minimum 10% Frontage Requirement � K. vanWesten � Whiting Way � Area A.
MOVED Director Hamilton, SECONDED Director Kreiberg, 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.
CARRIED
OTHER
Eagle Nest Tree Development Permit Areas.
MOVED Director Hamilton, SECONDED Director D. Haime,:
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.
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 September 30, 2003 be received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Alastair Kenning, City of Nanaimo, re RDN Drinking Water Initiative.
MOVED Director Krall, SECONDED Director Holdom, that the correspondence from the City of Nanaimo with respect to the RDN�s drinking water initiative, be received.
CARRIED
Gillian Trumper, MLA, re West Coast General Hospital.
MOVED Director Holdom, SECONDED Director Westbroek, that the correspondence from Gillian Trumper, MLA, with respect to the Local Governments meeting held September 15, 2003, be received.
CARRIED
UNFINISHED BUSINESS
From the Committee of the Whole meeting held August 26, 2003.
Drinking Water Protection.
MOVED Director Bartram, SECONDED Director Haime, that the Board direct staff to organize a workshop that will assist the RDN in defining its role in drinking water protection.
CARRIED
MOVED Director Bartram, SECONDED Director Krall, 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.
CARRIED
MOVED Director Bartram, SECONDED Director D. Haime, that the Drinking Water Protection Workshop Terms of Reference be approved.
CARRIED
MOVED Director Bartram, SECONDED Director Krall, 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.
CARRIED
MOVED Director Holdom, SECONDED Director Westbroek, that any Regional District function arising from this initiative is to be funded by the participating and benefiting members only.
CARRIED
COMMUNITY SERVICES
REGIONAL GROWTH MANAGEMENT
Intergovernmental Advisory Committee Terms of Reference.
MOVED Director Krall, SECONDED Director Bartram, that the "Intergovernmental Advisory Committee Terms of Reference Update 2003" be approved.
CARRIED
Town of Qualicum Beach Request to Extend Community Sewer Service to Six Properties � Environmental or Public Health Reasons.
MOVED Director Westbroek, SECONDED Director Cantelon, that the Town of Qualicum Beach request for community sewer services for six properties for environmental or public health reasons be approved for:
CARRIED
MOVED Director Westbroek, SECONDED Director Cantelon, 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.
CARRIED
CORPORATE SERVICES
FINANCE
District 69 Ice Arena Conversion Bylaw No. 1358.
MOVED Director Bartram, SECONDED Director Bibby, 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.
CARRIED
MOVED Director Bartram, SECONDED Director Longmuir, 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.
CARRIED
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 700 Filings.
MOVED Director Cantelon, SECONDED Director Kreiberg, 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:
CARRIED
ENVIRONMENTAL SERVICES
LIQUID WASTE
Environmental Management Systems Implementation Plan.
MOVED Director Sherry, SECONDED Director Krall,:
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.
CARRIED
SOLID WASTE
Terms of Reference for the Regional Landfill Site Liaison Committee.
MOVED Director Sherry, SECONDED Director McNabb,:
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.
CARRIED
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.
MOVED Director Westbroek, SECONDED Director Hamilton, that "Surfside Water Service Area Reserve Fund Bylaw No. 1360, 2003" be introduced for first three readings.
CARRIED
MOVED Director Westbroek, SECONDED Director Hamilton, that "Surfside Water Service Area Reserve Fund Bylaw No. 1360, 2003" having received three readings be adopted.
CARRIED
MOVED Director Westbroek, SECONDED Director Hamilton, that "Arbutus Park Estates Water Service Area Reserve Fund Bylaw No. 1359, 2003" be introduced for first three readings.
CARRIED
MOVED Director Westbroek, SECONDED Director Hamilton, that "Arbutus Park Estates Water Service Area Reserve Fund Bylaw No. 1359, 2003" having received three readings be adopted.
CARRIED
Rural Streetlighting LSA Boundary Amendment Bylaw No. 791.09.
MOVED Director Sherry, SECONDED Director McNabb, 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.
CARRIED
COMMISSION, ADVISORY & SELECT COMMITTEE
Electoral Area �A� Parks and Open Space Advisory Committee.
MOVED Director Kreiberg, SECONDED Director Longmuir, that the minutes of the Electoral Area �A� Parks and Open Space Advisory Committee meeting held June 19, 2003 be received for information.
CARRIED
Nanoose Bay Parks & Open Space Advisory Committee.
MOVED Director Bibby, SECONDED Director Krall, that the minutes of the Nanoose Bay Parks & Open Space Advisory Committee meetings held June 23 and September 8, 2003 be received for information.
CARRIED
Transit Business Plan Update Select Committee.
MOVED Director Krall, SECONDED Director Westbroek,:
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.
CARRIED
District 69 Recreation Commission.
MOVED Director Bartram, SECONDED Director Longmuir, that the minutes of the District 69 Recreation Commission meeting held September 11, 2003 be received for information.
CARRIED
MOVED Director Bartram, SECONDED Director Westbroek, 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.
CARRIED
Regional Waste Advisory Committee.
MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the Regional Waste Advisory Committee meeting held September 11, 2003 be received for information.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
West Coast General Hospital.
MOVED Director Krall, SECONDED Director D. Haime, that the Regional District of Nanaimo write to the Vancouver Island Health Authority to request that the proposed bed closures at the West Coast General Hospital be reconsidered until further consultation is undertaken.
CARRIED
NEW BUSINESS
Interface Forest Fires.
MOVED Director Bartram, SECONDED Director Hamilton, 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.
CARRIED
EXECUTIVE STANDING COMMITTEE
COMMISSIONS
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
Intergovernmental Advisory Committee.
MOVED Director Sherry, SECONDED Director Cantelon, that the minutes of the Intergovernmental Advisory Committee meeting held September 17, 2003 be received for information.
CARRIED
Regional Growth Monitoring Advisory Committee/State of Sustainability Project.
MOVED Director Sherry, SECONDED Director Bartram, that the minutes of the Regional Growth Monitoring Advisory Committee/State of Sustainability Project meeting held September 16, 2003 be received for information.
CARRIED
Health Capital Finance Select Committee.
MOVED Director Krall, SECONDED Director Hamilton, that the minutes of the Health Capital Finance Select Committee meeting held September 16, 2003 be received for information.
CARRIED
Community Bonds Select Committee.
MOVED Director Westbroek, SECONDED Director Cantelon, that the minutes of the Community Bonds Select Committee meeting held September 18, 2003 be received for information.
CARRIED
MOVED Director Westbroek, SECONDED Director Longmuir, 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.
CARRIED
ADMINISTRATOR�S REPORT
RDN Structure Removal Bylaw No. 1362 � 4025 West Island Highway � Area G.
MOVED Director Sherry, SECONDED Director Cantelon, that "Regional District of Nanaimo Structure Removal Bylaw No. 1362, 2003" be introduced and given three (3) readings.
CARRIED
MOVED Director Sherry, SECONDED Director Hamilton, that "Regional District of Nanaimo Structure Removal Bylaw No. 1362, 2003", having received three (3) readings, be adopted.
CARRIED
MOVED Director Sherry, SECONDED Director Hamilton, that staff be authorized to proceed with legal action if necessary to ensure compliance.
CARRIED
NEW BUSINESS
Director Holdom asked whether an information report on Mt. Benson was coming forward to the next meeting. Staff indicated that they would prepare a follow up report.
Director Westbroek enquired about the letter sent to Chartwell residents and asked whether the letter was intended to be a joint communication between the Region and the Town. There appeared to be a misunderstanding on this issue.
BOARD INFORMATION
Comox Strathcona Regional District re Flood Hazard Management Responsibilities (p. 3�5)
MOVED Director Holdom, SECONDED Director Sherry, that the Board write a letter of support for the position of the Comox Strathcona Regional District and reaffirm the RDN�s position with respect to Flood Hazard Management.
CARRIED
IN CAMERA
MOVED Director Sherry, SECONDED Director C. Haime, 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 C. Haime, that this meeting be adjourned to allow for an In Camera meeting.
CARRIED
TIME: 7:38 PM
CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES