REGIONAL DISTRICT OF NANAIMO

 

MINUTES OF THE REGULAR MEETING OF THE BOARD

OF THE REGIONAL DISTRICT OF NANAIMO HELD ON

TUESDAY, AUGUST 28, 2007, AT 7:00 PM IN THE

RDN BOARD CHAMBERS

 

 

Present:

                                                Director J. Stanhope                             Chairperson

                                                Director J. Burnett                                 Electoral Area A

                                                Director B. Sperling                              Electoral Area B

                                                Director M. Young                                 Electoral Area C

                                                Director G. Holme                                 Electoral Area E

                                                Director L. Biggemann                          Electoral Area F

                                                Director D. Bartram                                Electoral Area H

                                                Director S. Herle                                    City of Parksville

                                                Director T. Westbroek                           Town of Qualicum Beach

                                                Director C. Haime                                  District of Lantzville

                                                Director L. McNabb                                City of Nanaimo

                                                Director G. Korpan                                City of Nanaimo

                                                Director B. Holdom                               City of Nanaimo

                                                Director D. Brennan                              City of Nanaimo

                                                Director B. Bestwick                              City of Nanaimo

 

Also in Attendance:

 

                                                C. Mason                                                Chief Administrative Officer

                                                M. Pearse                                               Sr. Mgr. of Corporate Administration

                                                N. Avery                                                  Gen. Mgr., Finance & Information Services

                                                T. Osborne                                             Gen. Mgr. of Recreation & Parks

                                                D. Trudeau                                             Gen. Mgr. of Transportation Services

                                                G. Garbutt                                               A/Gen. Mgr. of Development Services

                                                S. DePol                                                 A/Gen. Mgr. of Environmental Services

                                                L. Burgoyne                                           Recording Secretary

 

 

PRESENTATION

 

Norma Stumborg, re Provincial Board of Examiners Senior Certificate in Local Government Administration.

 

The Chairperson presented Norma Stumborg, Planner, with a Senior Certificate in Local Government Administration and congratulated her upon her new position with the City of Cranbrook.

 

CALL TO ORDER

 

The Chairperson welcomed Ms. Clair Lee, Legislative Coordinator/Deputy Corporate Administrator, as a new staff member to the Regional District of Nanaimo.

 

The Chairperson introduced his Alternate Electoral Area Director, Ms. Linda Derkach and welcomed Alternate Director Maurer to the meeting.

 


DELEGATIONS

 

Gordon Wyness, re Smoke Pollution in Nanoose Bay.

 

Mr. Wyness discussed his concerns regarding back yard burning in the Nanoose Bay area and requested that the RDN establish a bylaw to regulate open burning.

 

LATE DELEGATIONS

 

MOVED Director Westbroek, SECONDED Director Bartram, that a late delegation be permitted to address the Board.

CARRIED

Alec McPherson, re DVP Application No. 90704 (2663 Barnes Road – Area A).

 

Mr. McPherson advised of his concerns with the public consultation process regarding this application.  He continued to discuss the concerns he had with the set backs and siting of the barn in relation to the neighbouring property.

 

Barbara McPherson, re DVP Application No. 90704 (2663 Barnes Road – Area A).

 

Mrs. McPherson noted her concerns regarding this application, specifically the location of the barn and the negative impact the approval of this variance would have on her property.

 

BOARD MINUTES

 

MOVED Director Westbroek, SECONDED Director Herle, that the minutes of the Board meeting held July 24, 2007 be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

 

D. Gaudry and B. Hourston, Nanaimo & Area Land Trust, re Nanaimo Airport.

 

MOVED Director Holme, SECONDED Director McNabb, that the correspondence from D. Gaudry and B. Hourston with respect to the Nanaimo Airport be received.

CARRIED

 

G. Brown, Ministry of Community Services, re Madrona Sewer Servicing Infrastructure Grant.

 

MOVED Director Holme, SECONDED Director McNabb, that the correspondence from G. Brown with respect to the Madrona Sewer Servicing Infrastructure Grant be received.

CARRIED

 

F. & A. Middleton, re DVP Application No. 90628 (4594 Maple Guard Drive – Area H).

 

MOVED Director Holme, SECONDED Director McNabb, that the correspondence from F. and A. Middleton with respect to DVP Application No. 90628 be received.

CARRIED

 


A. Dunsmore, re DVP Application No. 90628 (4594 Maple Guard Drive – Area H).

 

MOVED Director Holme, SECONDED Director McNabb, that the correspondence from A. Dunsmore with respect to DVP Application No. 90628 be received.

CARRIED

UNFINISHED BUSINESS

 

BYLAWS

 

For Adoption.

 

Bylaw No. 1498.

 

MOVED Director Burnett, SECONDED Director Korpan, that “Duke Point Sewer Local Service Area Development Cost Charges Bylaw No. 1498, 2007” be adopted.

CARRIED

Bylaw No. 1528.

 

MOVED Director Burnett, SECONDED Director Korpan, that “Duke Point Sewer Local Service Area Capital Charge Bylaw No. 1528, 2007” be adopted.

CARRIED

Bylaw No. 813.41.

 

MOVED Director Westbroek, SECONDED Director Brennan, that “French Creek Sewerage Facilities Local Service Area Amendment Bylaw No. 813.41, 2007” be adopted.

CARRIED

Bylaw No. 889.47.

 

MOVED Director Westbroek, SECONDED Director Herle, that “Northern Community Sewer Service Area Boundary Amendment Bylaw No. 889.47, 2007” be adopted.

CARRIED

 

STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS

 

ELECTORAL AREA PLANNING STANDING COMMITTEE

 

Moved Director Bartram, SECONDED Director Brennan, that the minutes of the Special Electoral Area Planning Committee meeting held July 24, 2007 be received for information.

CARRIED


PLANNING

 

AMENDMENT APPLICATIONS

 

Zoning Amendment Application No. ZA0706 – Fern Road Consulting Ltd., on behalf of John and Susan Peyton – Spider Lake Road – Area H.

 

MOVED Director Bartram, SECONDED Director Holme, that the request from Fern Road Consulting Ltd. to waive Board Policy No. B.1.1 entitled “Registration of Land Title Office Documents in Conjunction with the Amendment Application Process” for Zoning Amendment Application No. 0706 be denied.

CARRIED

 

MOVED Director Bartram, SECONDED Director Holme, that Zoning Amendment Application No. ZA0706, as submitted by Fern Road Consulting Ltd. on behalf of John and Susan Peyton, to rezone Lot 3, Block 360, Newcastle District, Plan 35096 from Subdivision District ‘B’ to Subdivision District ‘D’ be approved to proceed to public hearing subject to the conditions outlined in Schedule No. 1.

CARRIED

 

MOVED Director Bartram, SECONDED Director Holme, that “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.342, 2007” be given 1st and 2nd reading.

CARRIED

 

MOVED Director Bartram, SECONDED Director Holme, that “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.342, 2007” proceed to public hearing.

CARRIED

 

MOVED Director Bartram, SECONDED Director Holme, that the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.342, 2007” be delegated to Director Bartram or his alternate.

CARRIED

 

DEVELOPMENT PERMIT APPLICATIONS

 

Development Permit Application No. 60713 – Burrell – 3145 Yellow Point Road – Area A.

 

MOVED Director Burnett, SECONDED Director Young, that Development Permit Application No. 60713, to vary “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987”, for the property legally described as Lot 7, Section 1, Range 7, Cedar District, Plan 28656 be approved subject to the conditions outlined in Schedules No. 1, 2, 3, 4 and 5.

CARRIED

 

Development Permit Application No. 60714 – Plotnikoff – Lot 2, Shoreline Drive – Area H.

 

MOVED Director Bartram, SECONDED Director Holme, that Development Permit Application No. 60714, to vary “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987”and “Regional District of Nanaimo Floodplain Management Bylaw No. 1469, 2006”, for the property legally described as Lot 2, District Lot 28, Newcastle District, Plan 24584 be approved subject to the conditions outlined in Schedules No. 1, 2, 3 and 4.

CARRIED

 

Development Permit Application No. 60715 – Maibach Industries Ltd. – 2093 South Wellington Road – Area A.

 

Mr. Scott Cairns commented, on behalf of Maibach Industries Ltd., on the need for the signage for improved visibility from the Island Highway and provided a comparison of sign sizes of the other local businesses.

 

MOVED Director Burnett, SECONDED Director Holme, that Development Permit Application No. 60715, to vary “Regional District of Nanaimo Sign Bylaw No. 993, 1995”, to recognize an existing fascia sign, increasing the maximum number of signs to six (6) for the property legally described as Lot 1, Section 12, Range 7, Cranberry District, Plan 18166 be approved subject to the conditions outlined in Schedules No. 1 and 2.

CARRIED

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

Development Variance Permit Application No. 90628 – Pope – 4594 Maple Guard Drive – Area H.

 

MOVED by Director Bartram, SECONDED Director Holme, that Development Variance Permit Application No. 90628, to legalize the siting of a studio located at Lot 9, District Lot 40, Newcastle District, Plan 16121 be denied and staff be directed to take steps necessary to bring the property into compliance with applicable land use regulations.

CARRIED

 

Development Variance Permit Application No. 90704 – Five Cedar Poultry Farm – 2663 Barnes Road – Area A.

 

MOVED Director Burnett, SECONDED Director Bartram, that Development Variance Permit Application No. 90704, to legalize the siting of an existing barn located at the Westerly 10 acres of the Easterly 45 acres of Section 17, Range 3, Cedar District, be denied, and that staff be directed to take steps necessary to bring the property into compliance with all applicable land use and building regulations.

CARRIED

OTHER

 

Electoral Area ‘G’ Official Community Plan Update.

 

MOVED Director Korpan, SECONDED Director Holme, that the Electoral Area ‘G’ Official Community Plan Update report be received for information.

CARRIED

 

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

Electoral Area ‘A’ Parks and Green Space Advisory Committee.

 

MOVED Director Burnett, SECONDED Director Westbroek, that the minutes of the Electoral Area ‘A’ Parks and Green Space Advisory Committee meeting held May 17, 2007 be received for information.

CARRIED

 

MOVED Director Burnett, SECONDED Director Young, that RDN Parks staff initiate discussions with the City of Nanaimo Parks staff regarding replacement of an outdoor washroom facility at the Cable Bay Trail which is managed by the City of Nanaimo.

CARRIED

 

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

 

MOVED Director Holme, SECONDED Director Bestwick, that the minutes of the Electoral Area ‘E’ Parks and Open Space Advisory Committee meeting held July 30, 2007 be received for information.

CARRIED

 

MOVED Director Holme, SECONDED Director Westbroek, that the Electoral Area ‘E’ Parks and Open Space Advisory Committee invite the Fairwinds Consultants to provide the committee with a more concrete proposal that details the plan for parks and trails in the Fairwinds Development Area.

CARRIED

 

MOVED Director Holme, SECONDED Director Bartram, that the request for sewer servicing connection to 3312 Dolphin Drive through community park land be denied.

CARRIED

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

 

MOVED Director Biggemann, SECONDED Director Bestwick, that the minutes of the Electoral Area ‘F’ Parks and Open Space Advisory Committee meeting held June 18, 2007 be received for information.

CARRIED

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

 

MOVED Director Bartram, SECONDED Director Korpan, that the minutes of the Electoral Area ‘H’ Parks and Open Space Advisory Committee meeting held June 26, 2007 be received for information.

CARRIED

 

MOVED Director Bartram, SECONDED Director Holme, that the Regional Board direct staff to review funding options from the Area ‘H’ Community Parks Function Budget for the floor replacement at Lighthouse Community Centre through a renewed funding agreement with the Lighthouse Community Centre Society and to fund $1,000 for annual maintenance costs at the facility over the next four years beginning in 2008.

CARRIED

 

MOVED Director Bartram, SECONDED Director Holme, that the Regional Board accept the Parkland Dedication proposal for Lot 1, Plan 17597 and Lot 6, Plan 12132, both of District Lot 32, Newcastle District, subject to the satisfactory completion of the bank remediation in accordance with prescribed engineering requirements and future trail connection, to be reviewed by the Department of Fisheries and Oceans with input from the Nile Creek Enhancement Society and subdivision conditions set out by Regional District Development Services Department.

CARRIED


Transit Select Committee.

 

MOVED Director McNabb, SECONDED Director Biggemann, that the minutes of the Transit Select Committee meeting held August 21, 2007 be received for information.

CARRIED

 

MOVED Director McNabb, SECONDED Director Brennan, that staff be directed to implement the changes to the transit financial plan during the upcoming budget cycle in order that the 2008 transit expansion can be accommodated.

CARRIED

 

MOVED Director McNabb, SECONDED Director Herle, that staff be directed to advise BC Transit that the Regional District of Nanaimo is in support of the planned expansion for Custom Transit in 2008/09 and the additional costs associated with this expansion.

CARRIED

 

MOVED Director McNabb, SECONDED Director Herle, that staff be directed to prepare a new schedule with routing for the #1’s and #2’s via Wallace Street for 2008.

CARRIED

 

MOVED Director McNabb, SECONDED Director Korpan, that staff be directed to proceed with a fare increase as outlined in Proposal 1, effective January 1, 2008.

 

MOVED Director Brennan, SECONDED Director Westbroek, that this issue be referred back to staff.

 

CARRIED

ADMINISTRATOR’S REPORTS

 

Terms of Reference – Liquid Waste Advisory Committee.

 

MOVED Director Westbroek, SECONDED Director Bestwick, that the Board approve the terms of reference dated August 2007 for the Regional Liquid Waste Advisory Committee.

CARRIED

Contract for Security Services at Regional Landfill.

 

MOVED Director Westbroek, SECONDED Director Bestwick, that the Board award the contract for security services at the Regional Landfill to Footprints Security for a period of fifteen months commencing October 1, 2007 at a total cost of $107,514.00.

CARRIED

 

Contract for French Creek Pollution Control Centre Biosolids Program – SYLVIS Environmental Inc.

 

MOVED Director Westbroek, SECONDED Director Herle, that the Board award a contract to SYLVIS Environmental Inc. to manage French Creek Pollution Control Centre biosolids for four years beginning October 1, 2007 at a contract rate of $62.58 per bulk tonne for 2007 and $77 per bulk tonne for the remainder of the contract.

CARRIED


Arbutus Park Water Service Area – Release of Reserve Funds.

 

MOVED Director Holme, SECONDED Director Bartram, that the Board approve the release of up to $10,000 from the Arbutus Park Water Service Area reserve fund for the engineering design of the water main replacement along Ashcraft Road.

CARRIED

 

French Creek Water Service Area – Water Main Replacement – Release of Reserve Funds.

 

MOVED Director Herle, SECONDED Director Westbroek, that the Board approve the release of up to $51,000 from the French Creek Water Service Area reserve fund for the replacement of the water supply main from the French Creek Reservoir to Sunrise Crescent including associated works.

CARRIED

 

Amendment to Signing Authority and Appointment of Deputy Officer for Financial Administration.

 

MOVED Director Korpan, SECONDED Director Bestwick,

 

1.             That the signing authorities for financial instruments as outlined in agreements with the Royal Bank of Canada, the Municipal Finance Authority and Canaccord Capital reflect the following officer positions:

 

                Chairperson                                                                                                          Joseph Stanhope

                Deputy Chairperson                                                                                             Larry McNabb

                Chief Administrative Officer                                                                 Carol Mason

                General Manager Finance & Information Services                            Nancy Avery

                Manager, Budgets and Capital Planning                                                            Wayne Thexton

                Manager, Accounting Services                                                                            Wendy Idema

 

2.             That the foregoing authority extend to accounts in the name of the Regional District of Nanaimo and the Nanaimo Regional Hospital District.

 

3.             That Wayne Thexton, Manager Budgets and Capital Planning be designated as the Deputy Officer for Financial Administration under Section 199 of the Local Government Act.

CARRIED

Operating Results to June 30, 2007.

 

MOVED Director Burnett, SECONDED Director McNabb, that the summary report of financial results from operations to June 30, 2007 be received for information.

CARRIED

 

Pump and Haul Local Service Area Amendment Bylaw No. 975.46, 2007 – 600 South Road – Electoral Area ‘B’.

 

MOVED Director Sperling, SECONDED Director Holdom, that the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Lot 84, Sections 12 and 13, Plan 21531, Nanaimo Land District. (600 South Road, Gabriola Island)

CARRIED

 

MOVED Director Sperling, SECONDED Director Holdom, that “Regional District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No. 975.46, 2007” be introduced and read three times.

CARRIED

Surfside Sanitary Sewer – Proposed Property Inclusions.

 

MOVED Director Westbroek, SECONDED Director Bartram, that the applicants, as listed in the June 2007 report to the Board (Inclusion of Properties into the Surfside Sewer and Northern Community Sewer Local Service Areas (Flamingo/McFeely/Surfside Drive), Electoral Area G), for inclusion into the Surfside Sanitary Sewer Service Area be advised that the inclusion of their properties will now be considered as part of the larger sanitary sewer service area expansion.

CARRIED

 

MOVED Director Westbroek, SECONDED Director Bartram, that funds received by the RDN from the six properties as part of their application for inclusion in the sanitary sewer area be refunded.

CARRIED

NEW BUSINESS

 

MOVED Director Holme, SECONDED Director Korpan, that the Chairperson appoint a Committee to work with staff to visit and investigate the composting facilities programs located at the Comox Strathcona Regional District and in the Municipality of Oak Bay.

CARRIED

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

 

MOVED Director Brennan, SECONDED Director Bestwick, that staff prepare a report on the issue of outdoor burning in the regional district.

CARRIED

IN CAMERA

MOVED Director Westbroek, SECONDED Director McNabb, that pursuant to Section 90(1)(a) of the Community Charter the Board proceed to an In Camera meeting to consider a personnel issue.

CARRIED

ADJOURNMENT

MOVED Director Holme, SECONDED Director Holdom, that the meeting terminate.

CARRIED

 

TIME:  8:20 PM

 

 

 

 

 

 

 

 

                                                                                                                                                                                                               

CHAIRPERSON                                                                             SR. MGR., CORPORATE ADMINISTRATION