REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, JANUARY 13, 2004, AT 7:00 PM IN THE
RDN BOARD CHAMBERS

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
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
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
C. Mason Gen. Mgr. of Corporate Services
N. Avery Manager of Financial Services
M. Pearse Manager of Administrative Services

DELEGATIONS

MOVED Director D. Haime, SECONDED Director Holdom, that Mr. Atkinson be permitted to address the Board as a late delegation.

CARRIED

Steve Atkinson, re Jameson Road Quarry � Area D.

Mr. Atkinson updated Board members with respect to the legal action on the Jameson Road quarry and urged the Board to proceed with enforcing the zoning bylaw.

BOARD MINUTES

MOVED Director Krall, SECONDED Director McNabb, that the minutes of the Board meeting held on December 9, 2003 be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Shirley Hine, City of Parksville, re District 69 Recreation Commission Appointment.

MOVED Director Bibby, SECONDED Director Longmuir, that the correspondence from the City of Parksville with respect to the appointment of their representative to the District 69 Recreation Commission be received.

CARRIED

Shirley Hine, City of Parksville, re Arrowsmith Water Service Management Committee Appointment.

MOVED Director Bibby, SECONDED Director Longmuir, that the correspondence from the City of Parksville with respect to City of Parksville�s appointment to the Arrowsmith Water Service Management Committee be received.

CARRIED

Twyla Johnson, Town of Qualicum Beach, re District 69 Recreation Commission Appointment.

MOVED Director Bibby, SECONDED Director Longmuir, that the correspondence from the Town of Qualicum Beach with respect to the appointment of their representative to the District 69 Recreation Commission be received.

CARRIED

UNFINISHED BUSINESS

From the Board meeting held October 14, 2003.

Covenant Amendment Proposal � Culverden Holdings (Arbutus Meadows) � 1515 Island Highway East � Area E.

MOVED Director Bibby, SECONDED Director Hamilton, that the staff report providing an update on the proposed Covenant amendment to facilitate expanded public assembly events on the subject property be received.

CARRIED

MOVED Director Bibby, SECONDED Director Hamilton, that the Board grant final approval for the proposed Covenant amendment to facilitate expanded public assembly events on the subject property subject to the Conditions of Approval outlined in Schedule No. 1 and the amended Covenant.

CARRIED

Public Hearings.

Report of the Public Hearing held January 5, 2004 with respect to Electoral Area �H� Official Community Plan Bylaw No. 1335.

MOVED Director Bartram, SECONDED Director Biggemann, that the report of the Public Hearing containing the Summary and Submissions of the Public Hearing held Monday, January 5, 2004, together with all written submissions to the Public Hearing on the "Regional District of Nanaimo Electoral Area �H� Official Community Plan Bylaw No. 1335, 2003" be received.

CARRIED

MOVED Director Bartram, SECONDED Director Biggemann, that the "Regional District of Nanaimo Electoral Area �H� Official Community Plan Bylaw No. 1335, 2003" be granted 3rd reading with minor amendments as recommended in Schedule No. 1 of the staff report and with the following amendments:

  2. Under the heading of "Legal Opinion" point no. 7, add the words "Policy 2" after the words "Section 2.5".

  3. Under the heading of "Legal Opinion" delete points no. 10 and 11.

  4. Under the heading of "Legal Opinion" point no. 12, add the words "In addition, Appendix A titled Development Permit areas, is considered part of the Electoral H OCP and are �regulatory� bylaws pursuant to the Local Government Act" to Section 1.5 at the end of the paragraph.

  5. Under the heading of "Legal Opinion" point 13, delete the reference to Guidelines 15, 16 and 17 and insert in their place, Guideline No. 1.

CARRIED

MOVED Director Bartram, SECONDED Director Hamilton, that the "Regional District of Nanaimo Electoral Area �H� Official Community Plan Bylaw No. 1335, 2003" be forwarded to the Ministry of Community, Aboriginal and Women�s Services for consideration of approval.

CARRIED

Report of the Public Hearing held January 7, 2004 with respect to Electoral Area �F� Zoning Bylaw No. 1285.01.

MOVED Director Biggemann, SECONDED Director Hamilton, that the report of the Public Hearing containing the Summary of the Minutes of the Public Hearing held Wednesday, January 7, 2004 at 7:00 pm, together with all written submissions to the Public Hearing on the "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw Amendment Bylaw No. 1285.01, 2003" be received.

CARRIED

MOVED Director Biggemann, SECONDED Director Bibby, that "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw Amendment Bylaw No. 1285.01, 2003" be referred to the next regular Board meeting for the consideration of amendments and to be reintroduced at 1st and 2nd reading as amended and be referred to a public hearing.

CARRIED

BYLAWS

For Adoption.

Bylaw No. 975.30.

MOVED Director Hamilton, SECONDED Director Sherry, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.30, 2003" be adopted.

CARRIED

ADMINISTRATOR�S REPORT

Pump & Haul Local Service Area Amendment Bylaw No. 975.32 � T. Bates � 3794 Mallard Place � Area E.

MOVED Director Sherry, SECONDED Director Cantelon, that the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include 3794 Mallard Place (Bates).

CARRIED

MOVED Director Sherry, SECONDED Director Krall, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.32, 2004" be read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS

ELECTORAL AREA PLANNING STANDING COMMITTEE

MOVED Director Hamilton, SECONDED Director Bibby, that the minutes of the Electoral Area Planning Committee meeting held December 9, 2003 be received for information.

CARRIED

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 60354 � French Creek Estates Ltd. � Columbia Drive �Area G.

MOVED Director Hamilton, SECONDED Director Bibby, that Development Permit Application No. 60354, submitted by W.R. Colclough, Agent, on behalf of French Creek Estates, to relax the minimum setback requirement for three corner lots within a Residential 5 (RS5) zone as set out in Schedule No. 3 of this staff report, for the property legally described as Lots 1 and 2, District Lot 28, Nanoose District, Plan VIP62528, be denied.

CARRIED

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 90320 & Request for Relaxation of the Minimum 10% Perimeter Frontage Requirement � W.R. Colclough & Associates Ltd. on Behalf of Land & Water BC � Trans Canada Highway & Kipp Road � Area A.

MOVED Director Kreiberg, SECONDED Director Hamilton, that this application be deferred for 30 days.

CARRIED

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

Electoral Area �A� Parks & Greenspace Advisory Committee.

MOVED Director Hamilton, SECONDED Director Cantelon, that Lynnette Aldcroft, Joe Materi and Barbara Metcalf be appointed to the Electoral Area �A� Parks & Greenspace Advisory Committee for a term ending December 31, 2005.

CARRIED

Electoral Area �G� Parks & Open Space Advisory Committee.

MOVED Director Hamilton, SECONDED Director Cantelon, that Mable Klee and Inger Weber be appointed to the Electoral Area �G� Parks & Open Space Advisory Committee for a term ending December 31, 2005.

CARRIED

Nanoose Bay Parks & Open Space Advisory Committee.

MOVED Director Hamilton, SECONDED Director Cantelon, that Elisabeth Bakker, Debbie Kuhn and Arthur Lightburn be appointed to the Nanoose Bay Parks & Open Space Advisory Committee for a term ending December 31, 2005.

CARRIED

Grants-in-Aid Committee.

MOVED Director Hamilton, SECONDED Director Cantelon, that Deborah Bromley-Anvelt and Frank Van Eynde be appointed to the Grants-in-Aid Committee for a term ending December 31, 2004.

CARRIED

District 69 Recreation Commission.

MOVED Director Bartram, SECONDED Director Cantelon, that the minutes of the District 69 Recreation Commission meeting held December 11, 2003 be received for information.

CARRIED

2004 Board Appointments.

The Chairperson confirmed the following appointments to the Scheduled Standing Committees for the year 2004:

Arrowsmith Water Project Management Committee � J. Stanhope, P. Bibby, Alternate.

Deep Bay Harbour Authority � D. Bartram.

District 69 Recreation Commission � D. Bartram, L. Biggemann, Alternate.

Island Corridor Foundation � J. Stanhope.

Mt. Arrowsmith Biosphere Foundation � P. Bibby.

Municipal Finance Authority � J. Stanhope, D. Haime, Alternate.

Municipal Insurance Association (MIA) � L. McNabb.

North Island 911 Corporation � J. Stanhope, T. Westbroek, Alternate.

RDN Emergency Planning Committee � L. Biggemann, H. Kreiberg, Alternate.

Regional Library Board � P. Bibby, H. Kreiberg, Alternate.

Treaty Advisory Committee � E. Hamilton, H. Kreiberg, Alternate.

Vancouver Island Generation Project Committee � G. Lund, H. Kreiberg, Alternate.

VI Health Authority Project Building Committee � L. Sherry, J. Stanhope, Alternate.

VI Health Authority Joint Capital Planning Committee � T. Krall, E. Hamilton, Alternate.

MOVED Director Korpan, SECONDED Director Bartram, that the Board Appointments to the 2004 Regional District of Nanaimo Standing, Select and Advisory Committees be received for information.

CARRIED

ADMINISTRATOR�S REPORT

Appointment of Animal Control Officer.

MOVED Director Cantelon, SECONDED Director Westbroek, that the Board appoint, by resolution, Terry Norma Prosser, Parksville/Qualicum Beach & District SPCA as a Bylaw Enforcement Officer for the specific purpose of enforcing Regional District of Nanaimo Animal Control and Licensing Bylaws.

CARRIED

Landfill Track Loader � Tender Award.

MOVED Director Sherry, SECONDED Director McNabb, that the contract for the lease of a landfill track loader be awarded to Finning (Canada) Ltd.

CARRIED

Electoral Area �F� Zoning & Subdivision Bylaw No. 1285 � Finetuning Project � ALR Properties.

MOVED Director Biggemann, SECONDED Director Bibby, that the staff report on the revised Electoral Area �F� Zoning Bylaw Finetuning Project be received.

CARRIED

MOVED Director Biggemann, SECONDED Director Hamilton, that the revised Schedule (Attachment No. 2) be endorsed by the Board.

CARRIED

Financing Bylaw & Resolution for District 69 Arena Service � Interim Financing (District 69 Arena Service) Bylaw No. 1369 and (District 69 Arena Service) Security Issuing Bylaw No. 1365.

MOVED Director Cantelon, SECONDED Director Bartram, that "Regional District of Nanaimo Interim Financing (District 69 Arena Service) Bylaw No. 1369, 2004" be introduced for first three readings.

CARRIED

MOVED Director Cantelon, SECONDED Director Longmuir, that "Regional District of Nanaimo Interim Financing (District 69 Arena Service) Bylaw No. 1369, 2004" having received three readings, be adopted.

CARRIED

MOVED Director Cantelon, SECONDED Director Longmuir, that "Regional District of Nanaimo (District 69 Arena Service) Security Issuing Bylaw No. 1365, 2004" be introduced for first three readings.

CARRIED

MOVED Director Cantelon, SECONDED Director Bartram, that "Regional District of Nanaimo (District 69 Arena Service) Security Issuing Bylaw No. 1365, 2004" having received three readings be adopted and forwarded to the Ministry of Community, Aboriginal and Women�s Services for a Certificate of Approval.

CARRIED

MOVED Director Cantelon, SECONDED Director Westbroek, that the resolution in the form attached to the staff report, authorizing the Manager, Financial Services to arrange a revolving loan facility with the Municipal Finance Authority be approved.

CARRIED

MOVED Director Westbroek, SECONDED Director McNabb, that staff be authorized to enter into short term financing arrangements with the Town of Qualicum Beach at its option, under the same terms and conditions as those outlined in this report.

CARRIED

NEW BUSINESS

Policing Costs.

MOVED Director Bartram, SECONDED Director Bibby, that the following resolution be submitted to AVICC and UBCM:

WHEREAS the Province of BC has determined that electoral areas and municipalities under a population of 5,000 will contribute towards the cost of rural police financing beginning in 2007 as stated by the Solicitor General at the 2003 UBCM Convention;

AND WHEREAS the UBCM has committed to working with the Ministry and the RCMP to establish a committee and develop a best practice guide to ensure input from small communities and rural areas in the delivery of local police services;

THEREFORE BE IT RESOLVED that any tax to be levied be negotiated by UBCM with the Province of BC based on the following principles:

  1. That any formula implemented to recover policing costs be based 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 an �ability to pay� formula;

  2. That any tax to be implemented by the province to cover policing costs be identified as a provincial policing cost tax and not a regional district tax for the purpose of collection;

  3. That community policing remain the responsibility of the province but that a formal mechanism be developed for local government, municipalities and electoral areas, to act in an advisory capacity of policing issues affecting local communities; and

  4. That approximately 30% of the Provincial Rural Tax levied on the Rural Property Tax Notice be acknowledged as part of any electoral area tax contribution for community policing in each regional district.

CARRIED

Unconfined Aquifer Protection.

MOVED Director Bartram, SECONDED Director Bibby, that the following resolution be submitted to AVICC and UBCM:

WHEREAS aquifers are a major source of water for all life in British Columbia and that unconfined aquifers are particularly vulnerable to contamination that could destroy this valuable source of water for thousands of years;

THEREFORE BE IT RESOLVED that the Province of British Columbia enact legislation to protect known unconfined aquifers from damaging herbicides, pesticides, farm techniques, forestry techniques and storm water/drainage management practices.

MOVED Director D. Haime, SECONDED Director Sherry, that this item be deferred and that staff prepare a report to be considered at the January 27, 2004 Committee of the Whole meeting.

CARRIED

Police Financing.

MOVED Director Bibby, SECONDED Director Bartram, that staff prepare an update report on the options available to the RDN for participating in and influencing provincial discussions regarding police financing.

CARRIED

ADJOURNMENT

MOVED Director Sherry, SECONDED Director McNabb, that this meeting terminate.

CARRIED

TIME: 7:40 PM

 

CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES