REGIONAL DISTRICT OF NANAIMO

 

BOARD MEETING

TUESDAY, JUNE 8, 2004

7:00 PM

 

(RDN Board Chambers)

 

 

A G E N D A

 

PAGES

 

            1. CALL TO ORDER

 

       2.       DELEGATIONS

 

12 Louis Lapi, re Amalgamation of Electoral Areas C & D.

 

13 Maureen Young, re Amalgamation of Electoral Areas C & D.

 

14 Cheryl Tellier, re Amalgamation of Electoral Areas C & D.

 

15 Robert Jepson, re Amalgamation of Electoral Areas C & D.

 

      3.      BOARD MINUTES

 

16-27                Minutes of the Board meeting held on May 11, 2004.

 

      4.      BUSINESS ARISING FROM THE MINUTES

 

      5.      COMMUNICATIONS/CORRESPONDENCE

 

28 Cori Lynn Carlson, Greater Nanaimo Chamber of Commerce, re Congratulations to HandyDART Service on Winning a Sterling Community Award.

 

29 Dr. James Lunney, M.P. Nanaimo Alberni, re Congratulations to HandyDART Service on Winning a Sterling Community Award.

 

30 Judith Reid, MLA, Nanaimo-Parksville, re Congratulations to HandyDART Service on Winning a Sterling Community Award.

 

31-32                        Geoff Plant, Attorney General, re Civil Liability Law.

 

33 C. Kuun & S. B. Grace, re Development Permit Application No. 60424 – Fern Road Consulting Ltd., on behalf of Barbon Construction – Gainsberg Road – Area H.

 

34-37 G. Taylor, Deep Bay Planning and Environmental Association, re Proposed Noise Bylaw – Area H.

 

38-39 Murray Hamilton, Horne Lake Recreation Management Ltd., re Development Permit No. 60415 – Morton – 2870 Sunset Terrace – Area H.

 

7.                  UNFINISHED BUSINESS

 

                        From the Board meeting held May 11, 2004.

 

                        DEVELOPMENT PERMIT APPLICATION

 

                        Development Permit No. 60415 – Morton – 2870 Sunset Terrace – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60415.

 

                        That Development Permit Application No. 60415, submitted by the property owners Tod Morton and Veronica Morton for the subject property legally described as Strata Lot 226, District Lot 251, Alberni District, Strata Plan VIS5160, Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form V requesting to relax the maximum height requirements from 3.0 metres to 3.84 metres in order to accommodate the construction of a new accessory building be approved subject to the conditions outlined in Schedules No. 1, 2 and 3 and subject to the notification requirements pursuant to the Local Government Act.

 

                        UTILITIES

 

                        San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.03 – Area G.

 

                                                (All Directors – Weighted)

 

                        1. That the user rate structure for San Pareil be amended commencing May 15, 2004 to reflect a decrease in the minimum water rate to $0.82/day and the water rates for the five steps be increased to $1.06, $1.37, $1.68, $2.27 and $2.86 per m3 per day respectively (Alternative 1).

 

                        2. That “Regional District of Nanaimo San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.03, 2004” be introduced and read three times.

 

                        (All Directors – 2/3)

 

                        3. That “Regional District of Nanaimo San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.03, 2004” be adopted.

 

                        BYLAWS

 

                        For Adoption.

 

                        Bylaw No. 897.04 – District 69 Community Bus Transit Services Amendment Bylaw.  (All Directors – One Vote)

 

                        Bylaw No. 908.05 - District 69 Custom Transit & Paratransit Local Services Amendment Bylaw.  (All Directors - One Vote)

 

40-42                Bylaw No. 500.297 – Land Use & Subdivision Amendment Bylaw – Amendment Application ZA0312 – Tower Fence Products – 1882 Fielding Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

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

 

            7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE

 

43-46                Minutes of the Electoral Area Planning Committee meeting held May 25, 2004.  (for information)

 

                        PLANNING

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                        Development Permit Application No. 60418 – Gunning – 1733Admiral Tryon Boulevard – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60418.

 

                        That Development Permit Application No. 60418 to vary the minimum setback from 8.0 metres to 1.1 metres to recognize the siting of the existing concrete retaining wall and to permit the construction of a rip rap retaining wall sited a maximum of 1 metre below the natural boundary of the sea, within the Watercourse Protection Development Permit Area on the property legally described as Lot 30, District Lot 28, Nanoose District, Plan VIP62528, be approved subject to the requirements outlined in Schedules No. 1, 2, 3 and 4 and subject to notification requirements pursuant to the Local Government Act.

 

                        Development Permit Application No. 60422 – Johnstone – Surfside Drive – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60422.

 

                        That Development Permit Application No. 60422, submitted by Bruce and Jeannette Johnstone to legalize the addition of two raised decks and a porch addition for a dwelling unit and to facilitate the renovation of the seawall located within the Environmentally Sensitive Areas and Hazard Lands Areas Development Permit Areas for the subject property legally described as Lot 5, District Lots 9 and 110, Newcastle District, Plan 15370 be approved, subject to the requirements outlined in Schedules No. 1 and 23.

 

                        Development Permit Application No. 60424 – Fern Road Consulting Ltd., on behalf of Barbon Construction – Gainsberg Road – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60424.

 

1. That Development Permit Application No. 60424 submitted by Fern Road Consulting Ltd., on behalf of Barbon Construction for the property legally described as Lot 1, District Lots 1 and 86, Newcastle District, Plan VIP70719, be approved, subject to the conditions outlined in Schedule Nos. 1, 2, 3 and 4 of the corresponding staff report and to the notification procedure subject to the Local Government Act with respect to the proposed variances to Bylaw No. 500, 1987.

 

2. That the following words be added under the heading “Storm Water Drainage Plan” of Schedule 1 to DP Application No. 60424:

 

“Applicant to obtain a Section 9 approval from Land and Water BC in consultation with the Ministry of Water, Land and Air Protection prior to realignment of the lower 50 metres of Hemsbrough Ditch.”

 

                        Development Permit Application No. 60427 – Smith/Vectis Ventures – 3645 Dolphin Drive – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60427.

 

                        That Development Permit Application No. 60427, submitted by Tim Ram of Vectis Ventures on behalf of Dan and Christina Smith for the installation of a terraced retaining wall and removal of an illegal structure for the property legally described as Lot B, District Lot 78, Nanoose Land District, Plan 44229, be approved as submitted subject to Schedules No. 1, 2 and 3.

 

                        Development Permit Application No. 60428 – 43052 BC Ltd./Quest Homes – Garrod Road – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60428.

 

                        That Development Permit Application No. 60428 submitted by Quest Homes for the property legally described as Lot A, District Lot 36 and part of the bed of the Strait of Georgia, Newcastle District, Plan VIP54987, be approved, subject to the conditions outlined in Schedule Nos. 1, 2, 3, 4 and 5 of the corresponding staff report and the notification procedure subject to the Local Government Act with respect to the proposed variances to Bylaw No. 500, 1987.

 

                        Development Permit Application No. 60429 – Bev & Gerd Voigt, on behalf of 642703 BC Ltd. – off Kaye Road and the Island Highway – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60429.

 

                        That the request, submitted by Bev and Gerd Voigt, on behalf of 642703 BC Ltd. to create new parcels and dedicate and construct a road as part of a 6-lot subdivision proposal within a Farm Land Protection Development Permit Area and to relax the minimum setback requirement for an existing barn building from 30.0 metres to 13.0 metres from the proposed new lot line as shown on the plan of subdivision of District Lot 44, Nanoose District Except Parts in Plans 39893, 3132 RW, be referred back to staff for further assessment of road access and effects on the Sensitive Ecosystem Protection Development Permit Area.

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

                        Development Variance Permit Application No. 90406 – Peake – 6235 West Island Highway – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90406.

 

                        That Development Variance Permit Application No. 90406, submitted by Helen Sims of Fern Road Consulting Ltd. on behalf of W. Stephen Peake, to legalize the existing dwelling unit, over height fence and accessory buildings within the Residential 2 (RS2) zone by varying the minimum permitted setbacks from lot lines and from a watercourse (Nash Creek) for the property legally described as Lot A, District Lot 21, Newcastle District and Part Formerly the Bed of the Strait of Georgia, Nanaimo District, Plan VIP67028, be approved subject to Schedules No. 1, 2 and 3 and subject to the notification procedures pursuant to the Local Government Act.

 

                        Development Variance Permit Application No. 90409 – C & J Ennals, on behalf of Mitchell – 1478 Northwest Bay Road – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90409.

 

                        That Development Variance Permit Application No. 90409, submitted by Charles and Jill Ennals on behalf of Avis Mitchell, to legalize the siting of the existing dwelling within the Resource Management 1 (RM1) zone by varying the minimum setback requirement from 20.0 metres to 16.3 metres for the property legally described as District Lot 132, Nanoose Land District be approved as submitted subject to Schedules No. 1 and 2 and subject to the notification procedures pursuant to the Local Government Act.

 

                        Development Variance Permit Application No. 90410 – Skollsberg – 3584 Outrigger Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90410.

 

                        That Development Variance Permit Application No. 90410, submitted by the property owners Jan-Wilhelm Skollsberg and Anne-Christine Skollsberg for the property legally described as Lot 7, District Lot 78, Nanoose District, Plan 19688 to relax the maximum permitted height to allow for the architectural style and construction of the proposed accessory building and to relax the front lot line setback requirements of an existing accessory building in order to legalize its siting be approved subject to the conditions outlined in Schedules No. 1, 2 and 3 and subject to the notification requirements pursuant to the Local Government Act.

 

                        Development Variance Application No. 90411 – Walsh/Collins – 1524 Haida Way – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90411.

 

                        That Development Variance Permit Application No. 90411 to vary the minimum setback from the front lot line from 8.0 metres to 0.9 metres to permit the construction of an addition, and to vary the minimum setback from the side lot line from 2.0 metres to 1.7 metres to legalize the siting of an existing dwelling unit, on the property legally described as Lot 30, District Lot 52, Nanoose District, Plan 15921 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.

 

                        OTHER

 

                        Request for Relaxation of the Minimum 10% Frontage Requirement – Koers & Associates on behalf of Fairwinds Development – Bonnington Drive, Fairwinds (Phase 9B) – 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 7, 9, 10, 11 and 12 as shown on the Plan of Proposed Subdivision of Phase 9B be approved.

 

7.2              COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

47-52                Minutes of the regular Committee of the Whole meeting held May 25, 2004.  (for information)

 

                        COMMUNICATIONS/CORRESPONDENCE

 

                        K.B. Miller, Private Managed Forest Land Council, re Forest Land Reserve Changes.  (All Directors – One Vote)

 

                        That the correspondence from the Private Managed Forest Land Council with respect to changes to the Forest Land Reserve and the Managed Forest program, be received.

 

                        CORPORATE SERVICES

 

                        ADMINISTRATION

 

                                                Asset Disposal Policy A2.12 Amendment.  (All Directors – Weighted Vote)

 

                        That Asset Disposal Policy A2.12 be amended to enable the Regional District to donate computer and computer related equipment that has been replaced under our 6 year replacement schedule to Literacy Nanaimo or to School Districts 68 & 69 for educational purposes.

 

                        FINANCE

 

                        2003 Financial Information Report.  (All Directors – Weighted Vote)

 

                        That the 2003 Financial Information Act report be received and approved.

 

                        FIRE PROTECTION

 

                        Coombs-Hilliers Fire Protection Service Area Boundary Amendment Bylaw No. 1022.04 & Coombs-Hilliers Fire Protection Service Area Capital Charge Bylaw No. 1387.  (All Directors – One Vote)

 

1. That “Coombs-Hilliers Fire Protection Service Area Boundary Amendment Bylaw No. 1022.04, 2004” be introduced for first three readings.

 

2. That “Coombs-Hilliers Fire Protection Service Area Capital Charge Bylaw No. 1387, 2004” be introduced for first three readings.

 

                        ENVIRONMENTAL SERVICES

 

                        LIQUID WASTE

 

                        Pump and Haul Local Service Area Bylaw No. 975.35 –P. & V. Wild – 261 Cheddar Road – Area G.  (All Directors – One Vote)

 

1. That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Lot 1, District Lot 80, Newcastle Land District, Plan 49865. (Cheddar Road, Area G)

 

2. That “Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.35, 2004” be read three times and forwarded to the Inspector of Municipalities for approval.

 

                        SOLID WASTE

 

                        Landfill and Transfer Station Yard Waste Composting Quote Results.  (All Directors – Weighted Vote)

 

                        That Qualicum Farms Limited be awarded the contract for composting yard waste from the Regional Landfill and the contract for composting yard waste from Church Road Transfer Station for $36.50 and $28.50 per tonne respectively.

 

                        Non-Profit Organizations – Solid Waste Tipping Fee Waivers.  (All Directors – One Vote)

 

That the Board support a policy of granting waste disposal fee relief only for illegal dumping clean-up and to non-profit organizations that incorporate waste reduction as a core function. Other organizations, such as thrift store operations, may not qualify for fee relief pending discussions with thrift operators on proper recycling practices..

 

That the Board direct staff to prepare a bylaw for Board consideration that incorporates a policy of waste disposal fee relief for illegal dumping clean-up and to non-profit organizations that incorporate waste reduction as a core function.

 

That staff be directed to meet with the thrift store operators to help identify recycling opportunities and to direct recyclable waste and improve recycling practices.

 

                        New and Emerging Residual Waste Management Technologies Update.  (All Directors – One Vote)

 

                        That the Board receive the interim update report on New and Emerging Residual Waste Management Technologies Update for information.

 

                        UTILITIES

 

                        Nanoose Bay Water Supply Service Area – Dolphin Drive Watermain Replacement Contract Award.  (All Directors – Weighted Vote)

 

                        That the Regional District of Nanaimo award the Dolphin Drive Watermain Replacement project to Knappett Industries Ltd. for the tendered amount of $128,129.94.

 

                        Englishman River Community Water Supply Service Area Rates & Regulations Bylaw No. 1383 and Englishman River Community Water Supply Service Area Water Use Restrictions Bylaw No. 1384.  (All Directors – 2/3)

 

                        1. That “Englishman River Community Water Supply Service Area Rates and Regulations Bylaw No. 1383, 2004” be introduced for first three readings.

 

                        2. That “Englishman River Community Water Supply Service Area Rates and Regulations Bylaw No. 1383, 2004” having received three readings, be adopted.

 

                        3. That “Englishman River Community Water Supply Service Area Water Use Restrictions Bylaw No. 1384, 2004” be introduced for first three readings.

 

                        4. That “Englishman River Community Water Supply Service Area Water Use Restrictions Bylaw No. 1384, 2004” having received three readings, be adopted.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

                        Electoral Area ‘A’ Parks and Green Spaces Advisory Committee.  (All Directors – One Vote)

 

                        That the minutes of the Electoral Area ‘A’ Parks and Green Spaces Advisory Committee meeting held March 18, 2004 be received for information.

 

                        Electoral Area ‘B’ Parks and Open Space Advisory Committee.  (All Directors – One Vote)

 

                        That the minutes of the Electoral Area ‘B’ Parks and Open Space Advisory Committee meeting held March 8, 2004 be received for information.

 

                        Landfill Site Liaison Committee.  (All Directors – One Vote)

 

                        That the minutes of the Landfill Site Liaison Committee meeting held March 31, 2004 be received for information.

 

                        Regional Growth Monitoring Advisory Committee/State of Sustainability Project.  (All Directors – One Vote)

 

                        That the minutes of the Regional Growth Monitoring Advisory Committee/State of Sustainability Project meeting held May 5, 2004 be received for information.

 

                        Grants-in-Aid Committee.

 

                                                (All Directors – One Vote)

 

                        That the minutes of the Grants-in-Aid Committee meeting held May 6, 2004 be received for information.

 

                        That the following grants be approved:

 

                                                (EA's A, B, C, D, Nanaimo - Weighted Vote)

 

                        School District 68:

 

                        Cedar School & Community Enhancement Society                        $                        880

 

                                                (Parksville, Qualicum Beach, EA's E, F, G, H - Weighted Vote)

 

                        School District 69:

 

                        District 69 Family Resource Association                        $                        2,054

                        Lighthouse Country Business Association                        $                        500

                        Pacific Vocal Institute                        $                        2,100

                        Parksville Meeting Place                        $                        705

 

                        District 69 Recreation Commission.

 

                        (All Directors – One Vote)

 

                        That the minutes of the District 69 Recreation Commission meeting held May 13, 2004 be received for information.

 

                                                (Parksville, Qualicum Beach, EA's E, F, G, H - Weighted Vote)

                        That the following grants be approved:

 

                        Community Grants:

                        Arrowsmith Cricket & Sports Association                        $                        400

                        Arrowsmith Search & Rescue Society                        $                        2,500

                        Building Learning Together – Teaching from the Heart                        $                        280

                        Building Learning Together – Words on Wheels Bus                        $                        1,700

                        Mid Vanc. Island Habitat Enhance. Soc.–Jr. Stream Keepers                        $                        700

                        Moorecroft Camp Society                        $                        1,720

                        Nanoose Place Landscaping Project                        $                        1,750

                        Qualicum Beach Family Day                        $                        750

                        Ravensong Aquatic Club                        $                        1,250

 

                        Youth Grants:

                        Ballenas Stunt and Cheer Squad                        $                        1,000

                        Erik Goetzinger BMX Club                        $                        2,500

                        District 69 Family Resource Association – Outreach Program                        $                        2,000

                        Kidfest – Youth Activity                        $                        1,075

                        Nanoose Bay Parent Advisory – Adventure Camp                        $                        1,000

                        Oceanside Arts Council – Children’s Theatre                        $                        700

 

7.3              EXECUTIVE STANDING COMMITTEE

 

            7.4 COMMISSIONS

 

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

                        Restructure Committee – Remainder of Electoral Area ‘D’:

 

53-92 Results of the Public Consultation Regarding the Amalgamation of Electoral Areas C & D.  (All Directors – One Vote)

 

93-95 Minutes from the Restructure Committee – Remainder of Electoral Area ‘D’ meetings held January 19 and February 25, 2004.  (All Directors – One Vote)

 

WHEREAS geographically, Electoral Areas ‘C’ and ‘D’ are separate and distinct and do not have shared roads other than the Inland Island Highway to connect their communities;

 

AND WHEREAS Electoral Area ‘C’ is already comprised of a number of fragmented communities with few connecting roadways and the addition of the communities in Electoral Area ‘D’ will increase the dispersed nature of the electoral area;

 

AND WHEREAS the Pleasant Valley and East Wellington communities in Electoral Area ‘D’ have already felt themselves represented as minority interest within Electoral Area ‘D’;

 

AND WHEREAS the remainder of Electoral Area ‘D’ is more developed and in an urban setting than Electoral Area ‘C’ which has a rural and agricultural setting;

 

AND WHEREAS for the reasons outlined above, it will be extremely difficult for these two diverse electoral areas to be represented by a single Area Director;

 

AND WHEREAS Electoral Area ‘C’ has existed for many years as an independently represented area despite its small population base and Electoral Area ‘D’ now has a population base similar to Electoral Area ‘C’;

 

THEREFORE BE IT RESOLVED that the Board of the Regional District of Nanaimo request the Province of BC to amend the letters patent dated April 3, 2003 to allow Electoral Area ‘D’ to remain as an independent Electoral Area following the Local Government Elections in November 2005.

 

8.                  ADMINISTRATOR’S REPORTS

 

96-98 Regional Landfill Geogrid Toe Berm Tender Award.  (All Directors – Weighted Vote)

 

99-101 Water Conservation – RDN Water Service Area Water Use Restrictions.  (All Directors – One Vote)

 

102-103 Noise Control Establishing Bylaw No. 1374 – Alternative Approval Process (Counter Petition).  (All Directors – One Vote)

 

104-105 UBCM Community Excellence Awards – Website.  (All Directors – One Vote)

 

9.                  ADDENDUM

10.              BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

            11. NEW BUSINESS

            12. BOARD INFORMATION  (Separate enclosure on blue paper)

13.              ADJOURNMENT

14.            IN CAMERA

                        That pursuant to section 242.2(1)(e) & (h) of the Community Charter the Board proceed to an In Camera meeting to consider acquisition of land and legal matters.