REGIONAL DISTRICT OF NANAIMO

 

REGULAR BOARD MEETING

TUESDAY, NOVEMBER 27, 2007

(immediately following the Hospital Board meeting)

 

(RDN Board Chambers)

 

 

A G E N D A

 

 

PAGES

 

1.                  CALL TO ORDER

 

            2.         DELEGATIONS

 

13                           Fred Taylor, re Solid Waste Management Regulation Bylaw No. 1531.

 

            3.         BOARD MINUTES

 

14-25                      Minutes of the Board meeting held October 23, 2007.

 

            4.         BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

 

26                           P. Myhres, Deep Bay Waterworks District, re Appreciation for Watershed Area Clean Up.

 

6.                  UNFINISHED BUSINESS

 

                        BYLAWS

 

                        For Adoption.

 

                               Bylaw No. 1513 – Cedar Sewer Commercial Properties Capital Financing Service Establishment. (All Directors – One Vote)

 

                   That “Cedar Sewer Commercial Properties Capital Financing Service Establishment Bylaw No. 1513, 2007” be adopted.

 

                  This bylaw is to establish a service for the repayment of debt to construct a sewer collector system.

 

                               Bylaw No. 1514 – Cedar Sewer Commercial Properties Capital Financing Loan Authorization. (All Directors – One Vote)

 

                   That “Cedar Sewer Commercial Properties Capital Financing Loan Authorization Bylaw No. 1514, 2007” be adopted.

 

                  This bylaw is to authorize borrowing for the purpose of constructing, acquiring and upgrading sewer collection facilities.

                               Bylaw No. 1517 – Cedar Sewer Large Residential Properties Capital Financing Service Establishment. (All Directors – One Vote)

 

                   That “Cedar Sewer Large Residential Properties Capital Financing Service Establishment Bylaw No. 1517, 2007” be adopted.

 

                  This bylaw is to establish a service for the repayment of debt to construct a sewer collector system.

 

                               Bylaw No. 1518 – Cedar Sewer Large Residential Properties Capital Financing Loan Authorization. (All Directors – One Vote)

 

                   That “Cedar Sewer Large Residential Properties Capital Financing Loan Authorization Bylaw No. 1518, 2007” be adopted.

 

                  This bylaw is to authorize borrowing for the purpose of constructing, acquiring and upgrading sewer collection facilities.

 

                               Bylaw No. 1519 – Cedar Sewer Sportsfield Capital Financing Service Establishment. (All Directors – One Vote)

 

                  That “Cedar Sewer Sportsfield Capital Financing Service Establishment Bylaw No. 1519, 2007” be adopted.

 

                  This bylaw is to establish a service for the repayment of debt to construct a sewer collector system

 

                               Bylaw No. 1520 – Cedar Sewer Sportsfield Capital Financing Loan Authorization. (All Directors – One Vote)

 

                  That “Cedar Sewer Sportsfield Capital Financing Loan Authorization Bylaw No. 1520, 2007” be adopted.

 

                  This bylaw is to authorize borrowing for the purpose of constructing, acquiring and upgrading sewer collection facilities.

 

                               Bylaw No. 1521 – Cedar Sewer Small Residential Capital Financing Service Establishment. (All Directors – One Vote)

 

                   That “Cedar Sewer Small Residential Capital Financing Service Establishment Bylaw No. 1521, 2007” be adopted.

 

                   This bylaw is to establish a service for the repayment of debt to construct a sewer collector system

             

                               Bylaw No. 1522 – Cedar Sewer Small Residential Capital Financing Loan Authorization. (All Directors – One Vote)

 

                  That “Cedar Sewer Small Residential Capital Financing Loan Authorization Bylaw No. 1522, 2007” be adopted.

 

                  This bylaw is to authorize borrowing for the purpose of constructing, acquiring and upgrading sewer collection facilities.

 

                               Bylaw No. 1532 – Cedar Sewer Rates and Regulations. (All Directors – One Vote)

 

                                     That “Cedar Sewer Rates and Regulations Bylaw No. 1532, 2007” be adopted.

 

This bylaw is to regulate the provision, operation and administration of the Cedar Sewer Service and to provide for the imposition and collection of fees and charges.

                              

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

 

            7.1       ELECTORAL AREA PLANNING STANDING COMMITTEE

 

27-30                      Minutes of the Electoral Area Planning Committee meeting held November 13, 2007.  (for information)

                             

PLANNING

                                               

                        AMENDMENT APPLICATIONS

 

Zoning Amendment Application No. ZA0504 – Canuck Properties Ltd. – Northwest Bay Road & Powder Point Road – Area ‘E’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That the minutes of the Public Information Meeting held on June 29, 2005 and report of the Open House held May 28, 2007 be received.

2.      That Zoning Amendment Application No. ZA0504, as submitted by Canuck Properties Ltd. to rezone the property legally described as Lot A, District Lot 6, Nanoose District, VIP58653, located at the corner of Northwest Bay Road and Powder Point Road from Residential 4 Subdivision District ‘Q’ (RS4Q) to Comprehensive Development Zone 37 (CD37) be approved to proceed to public hearing subject to the conditions included in Schedule No. 1.

 

3.      That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.326, 2007” be given 1st and 2nd reading.

 

4.      That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.326, 2007” proceed to Public Hearing.

 

5.      That the Public Hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.326, 2007” be delegated to Director Holme or his alternate.

 

Zoning Amendment Application No. ZA0710 – Williamson & Associates on behalf of R. & L. Bevis – Kilpatrick Road – Area ‘C’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That Zoning Amendment Application No. ZA0710 as submitted by Williamson & Associates Professional Surveyors, on behalf of R & L Bevis to rezone Lot 1, Section 12, Range 4, Mountain District, Plan VIP63679, Subdivision District ‘D’ to Subdivision District ‘F’ be approved to proceed to public hearing subject to the conditions included in Schedule No. 1.

 

2.      That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.344, 2007” be given 1st and 2nd reading.

 

3.      That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.344, 2007” proceed to public hearing.

 

4.      That the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.344, 2007” be delegated to Director Young or her alternate.

 

Zoning Amendment Application No. ZA0711 – Timberlake-Jones Engineering Ltd., on behalf of 609188  BC Ltd. – 820 Horne lake Road – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That Zoning Amendment Application No. ZA0711 as submitted by Timberlake-Jones Engineering on behalf of 609188 BC Ltd. to rezone Lot 2, Block 347, Newcastle District, Plan 33670 from Industrial 5 Subdivision District ‘B’ (IN5B) to Rural 1 Subdivision District ‘D’ (RU1D) be approved to proceed to public hearing subject to the conditions included in Schedule No. 1.

 

2.      That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.345, 2007” be given 1st and 2nd reading.

 

3.      That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.345, 2007” proceed to public hearing.

4.      That the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.345, 2007” be delegated to Director Bartram or his alternate.

 

5.      That staff be directed to prepare required amendments to “Regional District of Nanaimo Building Inspection Extended Service Establishment Bylaw No. 787, 1989” to include the parent parcel within a Building Inspection Service area.

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                         Development Permit Application No. 60662 – L. Ogloff & J. Thevarge – Jamieson & Palm Pacific Roads – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                         Delegations wishing to speak to Development Permit Application No. 60662.

 

                         That Development Permit Application No. 60662 submitted by L. Ogloff & J. Thevarge, in conjunction with the subdivision on the parcel legally described as Lot 2, District Lot 40, Newcastle District, Plan 43604 and designated within the Environmentally Sensitive Features Development Permit Area, be approved subject to the conditions outlined in Schedules 1 and 2 of the corresponding staff report.

 

                         Development Permit Application No. 60736 – R. & J. Vanderwel – 5091 Shoreline Drive – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                         Delegations wishing to speak to Development Permit Application No. 60736.

 

                         That Development Permit with Variances Application No. 60736, to construct a dwelling unit within the Natural Hazards, Environmentally Sensitive Features, Fish Habitat Protection Development Permit Area pursuant to “Electoral Area ‘H’ Official Community Plan Bylaw No. 1335, 2003”, for the property legally described as Lot 10, District Lot 28, Newcastle District, Plan 24584 be approved subject to the conditions outlined in Schedules No. 1 to 5.

                        

                         Development Permit Application No. 60738 – J. Wilson – 673 Imperial Drive – Area ‘G’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                         Delegations wishing to speak to Development Permit Application No. 60738.

 

                         That Development Permit Application No. 60738 submitted by J. Wilson in conjunction with the subdivision on the parcel legally described as Lot 2, District Lot 28, Nanoose District, Plan 22685 and designated within the Sensitive Lands Development Permit Area pursuant to the “French Creek Official Community Plan Bylaw No. 1115, 1998” be approved, subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

                         Development Permit Application No. 60739 – Hans Stussi on behalf of Novation Enterprises Ltd., & S. Grand – Island Highway No. 19A & Welch Road – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                         Delegations wishing to speak to Development Permit Application No. 60739.

 

                         That Development Permit Application No. 60739 submitted by Hans Stussi, on behalf of Novation Enterprises Ltd. & S. Grand, in conjunction with the subdivision on the parcels legally described as Parcel D (DD 13419N) of District Lot 20, Except Part in Plan 10191, and Plan VIP54439 and Lot A, District Lot 20, Plan 25174, Both of Newcastle District, and designated within the Environmentally Sensitive Features and the Hazard Lands Development Permit Areas pursuant to the “Electoral Area ‘H’ Official Community Plan Bylaw No. 1335, 2003”, be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

                         Development Permit Application No. 60741 – Fern Road Consulting Ltd. on behalf of G. Redman – Clarke, Acton & Burbank Roads – Area ‘F’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                         Delegations wishing to speak to Development Permit Application No. 60741.

 

                                    That Development Permit Application No. 60741 submitted by Fern Road Consulting Ltd., on behalf of Gary Redman, in conjunction with the subdivision on the parcel legally described as Lot 8, District Lot 74, Newcastle District, Plan 2002, Except Part in Plans 39111 and 44957 and designated within the Fish Habitat Protection Development Permit Area pursuant to OCP Bylaw No. 1152, 1999, be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

                               Development Variance Permit Application No. 90714 – Fern Road Consulting Ltd. on behalf of Mayne – Lot 33, Amelia Crescent – Area ‘E’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                               Delegations wishing to speak to Development Variance Permit Application No. 90714.

 

                                    That Development Variance Permit Application No. 90714, to permit the construction of a residential dwelling with a maximum height of 9.0 m on the subject property legally described as Lot 33, District Lot 68, Nanoose District, Plan VIP30341 on Amelia Crescent, be approved subject to the conditions outlined in Schedules No. 1 to 3.

                       

7.2            COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

31-36                           Minutes of the Committee of the Whole meeting held November 13, 2007. (for information)

 

                        FINANCE & INFORMATION SERVICES

               

                        FINANCE

 

Contract Fire Services – Yellowpoint/Waterloo Service Area. (All Directors – Weighted Vote)

 

1.      That the Cowichan Valley Regional District be advised that the Regional District of Nanaimo will terminate the fire service contract for the Yellowpoint/Waterloo area effective December 31, 2008 or earlier with the agreement of all parties and where operational conditions permit.

 

(All Directors – One Vote)

 

2.      That correspondence be sent to the Cowichan Valley Regional District acknowledging our long relationship with respect to fire protection services and our appreciation for their considerable contribution to the safety of Regional District taxpayers.

 

3.      That staff proceed to negotiate a transfer of assets located in the Cassidy firehall location from the Cowichan Valley Regional District.

 

4.      That the Regional District of Nanaimo correspond with both the North Cedar and Cranberry Fire Protection Districts to arrange for a transfer of taxation and operational authority for fire protection in the Yellowpoint/Waterloo areas to their respective jurisdictions to be effective December 31, 2008 or earlier with the agreement of all parties and where operational conditions permit.

 

Electoral Area ‘G’ Fire Protection – Service Contracts with Municipalities. (All Directors – Weighted Vote)

 

1.      That fire services contracts covering the period January 1, 2007 to December 31, 2011 with the City of Parksville and the Town of Qualicum Beach be approved as presented.

 

2.      That the Chairperson and the Senior Manager, Corporate Administration be authorized to execute the fire services contracts for the Regional District of Nanaimo.

 

Nanoose Bay Fire Protection Service Regulatory Amendment Bylaw No. 1003.02. (All Directors – One Vote)

 

1.      That “Nanoose Bay Fire Protection Service Regulatory Bylaw No. 1003.02, 2007” be introduced and read three times.

 

(All Directors – 2/3)

 

2.      That “Nanoose Bay Fire Protection Service Regulatory Bylaw No. 1003.02, 2007” having received three readings be adopted.

 

Bow Horn Bay Fire Protection Service Area Boundary Amendment Bylaw No. 1385.02. (All Directors – One Vote)

 

That “Bow Horn Bay Fire Protection Service Area Boundary Amendment Bylaw No. 1385.02, 2007” be introduced for first three readings and be forwarded for adoption at the December Board meeting.

 

Barclay Crescent Sewer Rates and Regulations Amendment Bylaw No. 1472.02. (All Directors – One Vote)

 

1.      That “Regional District of Nanaimo Barclay Crescent Sewer Rates and Regulations Amendment Bylaw No. 1472.02, 2007” be introduced and read three times.

                              

                               (All Directors – 2/3)

 

2.      That “Regional District of Nanaimo Barclay Crescent Sewer Rates and Regulations Amendment Bylaw No. 1472.02, 2007” be adopted.

 

Duke Point Sewer Local Service Area Amendment Bylaw No. 1004.02 and Cedar Service Area Amendment Bylaw No. 1445.02. (All Directors – One Vote)

 

1.    That “Duke Point Sewer Local Service Area Amendment Bylaw No. 1004.03, 2007” be rescinded at third reading.

 

2.    That “Cedar Sewer Service Area Amendment Bylaw No. 1445.01, 2007” be rescinded at third reading.

 

3.      That “Duke Point Sewer Local Service Area Amendment Bylaw No. 1004.02, 2007” be introduced for three readings and be forwarded to the Ministry of Community Services for approval.

 

4.      That “Cedar Sewer Service Area Amendment Bylaw No. 1445.02, 2007” be introduced for three readings and be held for adoption with the remaining Cedar Sewer Service Area bylaws.

 

Quarterly Financial Update. (All Directors – One Vote)

 

That the summary report of financial results from operations to September 30, 2007 be received for information.

 

                        INFORMATION SERVICES

 

                               Property Software System. (All Directors – Weighted Vote)

 

1.      That Municipal Software be approved for the supply of its City View property system.

 

2.      That an overall budget of $479,655 be approved for this project with the funds released from the Administration Computer Reserve fund.

 

DEVELOPMENT SERVICES

 

                        BYLAW ENFORCEMENT

 

District of Lantzville Development Services Contract Agreements. (All Directors – Weighted Vote)

 

That the 2008 Service Agreements between the Regional District of Nanaimo and the District of Lantzville for GIS and Mapping, Animal Control, Building Inspection, Bylaw Enforcement, House Numbering, Noise Regulation, Nuisance Control and Unsightly Premises services be approved.

 

Building Inspection Service Bylaw Amendment Bylaw No. 787.06. (All Directors – One Vote)

 

That “Regional District of Nanaimo Building Inspection Service Bylaw Amendment Bylaw No. 787.06, 2007” be given three readings and forwarded to the Ministry of Community Services for approval.

                                         

                        ENVIRONMENTAL SERVICES

    

                        SOLID WASTE

                       

Cedar Road LFG Inc. – Second Amending Agreement. (All Directors – Weighted Vote)

 

That the Board approve the Second Amending Agreement with Cedar Road LFG Inc. to:

 

1.      Change the project completion date from November 30, 2007 to May 31, 2008 and the commercial operation date from December 31, 2007 to June 30, 2008;

 

2.      Extend the contract term from five years with an option to renew for another five years, to ten years with an option to renew for another ten years;

 

3.      Allow Cedar LFG to grant BC Hydro an option to purchase the facility at the end of the contract term under the condition that if BC Hydro exercises its option to acquire the facility, it will not sell, transfer, assign or convey the facility to any other person without the written consent of the RDN.

 

                               Solid Waste Management Regulation Bylaw No. 1531. (All Directors – One Vote)

 

1.      That “Regional District of Nanaimo Solid Waste Management Regulation Bylaw No. 1531, 2007” be introduced and read three times.

 

                               (All Directors – 2/3)

 

2.      That “Regional District of Nanaimo Solid Waste Management Regulation Bylaw No. 1531, 2007” having received three readings be adopted.

 

UTILITIES

 

Rumming Road (Lantzville West) Water System – Update. (All Directors – One Vote)

 

1.      That the Board receive the Rumming Road Asset Condition Study 2007 by Koers & Associates report for information.

 

2.      That that the Board abandon any further steps to acquire the Rumming Road Water System at this time as requested by the Rumming Road Water Society.

 

3.      That the Board direct staff to write to the Ministry of Environment to express appreciation for the asset study grant and advising that the residents have elected not to pursue RDN acquisition of the Rumming Road water utility at this time.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

                               Regional Growth Monitoring Advisory Committee. (All Directors – One Vote)

 

That the minutes of the Regional Growth Monitoring Advisory Committee/State of Sustainability Project meetings held September 12 and 19, 2007 and October 10 and 24, 2007 be received for information.

 

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

 

                                     That the minutes of the Electoral Area ‘G’ Parks and Open Space Advisory Committee meeting held September 13, 2007 be received for information.

                                    

                               District 69 Recreation Commission. (All Directors – One Vote)

 

                                       That the minutes of the District 69 Recreation Commission meeting held October 18, 2007 be received for information.

 

                               (Parksville, Qualicum Beach, Electoral Areas ‘E’, ‘F’, ‘G’, and ‘H’ – Weighted Vote)

 

That the following District 69 Recreation Community and Youth Recreation Grants be approved:

      Arrowsmith Mountain Bike Club – bikes for financially needy youth       2,500

      District 69 Family Resource Association – youth bus retrofit                 4,767

      District 69 Minor Softball – uniforms and equipment                            2,625

      KSS Dry Grad                                                                                  1,250

      Oceanside Baseball – batting cage equipment                                      2,500

      Parksville Curling Club – junior program equipment                            2,000

      Dashwood Recreation Commission – playground equipment                  4,000

      Errington Therapeutic Riding Association – insurance                          1,000

      Panters Hockey – goalie equipment                                                    2,140

      Rotary Club of Qualicum Beach – facility rental                                  2,875

                                    Electoral Area ‘A’ Recreation and Culture Commission. (All Directors – One Vote)

                              

1. That the minutes of the Electoral Area ‘A’ Recreation and Culture Commission meeting held November 7, 2007 be received for information.

 

2. That the correspondence received from the South Wellington and Area Community Association requesting funds for cultural and recreational activities, be deferred until an Electoral Area ‘A’ Recreation and Culture Grants in Aid criteria has been established.

 

                        BOARD INFORMATION

 

                                    Tree Farm Licenses – Private Land Removals. (All Directors – One Vote)

 

That the Board request the Auditor General to conduct an audit into the matter of the removal of Schedule ‘A’ lands from all tree farm licenses on Vancouver Island, which was done without public consultation or compensation.

 

            7.3       EXECUTIVE STANDING COMMITTEE

 

            7.4       COMMISSIONS

 

7.5       SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

                       

                        Electoral Area ‘E’ Parks and Open Space Advisory Committee.

 

37-38               Minutes of the Electoral Area ‘E’ Parks and Open Space Advisory Committee meeting held October 1, 2007. (for information)

           

8.                  ADMINISTRATOR’S REPORTS

 

39-64                           Cedar Estates Off-site Service Agreement. (All Directors – Weighted Vote)

 

65-78                           2008 Provisional Budget Overview. (All Directors – One Vote)

 

79-81                           Low Income Spay/Neuter Initiative Program. (Electoral Areas ‘A’, ‘B’ and ‘C’ – Weighted Vote)

 

82-85                            Wheels for Wellness. (Parksville, Qualicum Beach, Electoral Areas ‘E’, ‘F’, ‘G’, and ‘H’ – Weighted Vote)

 

86-89                           Revised Voting Strength and Director Representation. (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 90(1) (e) and (g) of the Community Charter the Board proceed to an In Camera meeting to consider items related to land and legal issues.