REGIONAL DISTRICT OF NANAIMO

 

REGULAR BOARD MEETING

TUESDAY, FEBRUARY 26, 2008

7:00 PM

 

(RDN Board Chambers)

 

 

A G E N D A

 

 

PAGES

 

1.                  CALL TO ORDER

 

            2.         DELEGATIONS

 

14                           Nancy Falconer, Canadian Cancer Society, re Pesticides and Health.

 

15                           Jeanette Pongratz-Doyle, re BC Transmission Proposal at 2100 Nanaimo River Road – Area ‘C’.

 

16                           Sharon Bennett, re Proposed Routing Option for Central Vancouver Island Transmission Project.

 

17                           Kathy Blackstaffe, re BCTC Proposal at 2100 Nanaimo River Road – Area ‘C’.

 

18                           Faye Smith, re Drinking Water Watershed Protection.

 

            3.         BOARD MINUTES

 

19-37                      Minutes of the Board meeting held January 22, 2008 and Special Board meeting held February 12, 2008.

 

            4.         BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

 

38                           G. Lamoureux, Nanaimo & District Track & Field Club, and J. Brennan, School District 68, re Resurfacing of Rotary Bowl Track and Field Complex.

 

39-40                      D. Derby, Cowichan Valley Regional District, re Yellowpoint/Waterloo Fire Protection.

 

6.                  UNFINISHED BUSINESS

 

            BYLAWS

           

            Third Reading & Adoption.

                  

                               Bylaw Amendment Bylaw No. 1285.10 – Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision Amendment. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.         That “Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision Bylaw Amendment Bylaw No. 1285.10, 2008” be given 3rd reading.

 

2.         That “Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision Bylaw Amendment Bylaw No. 1285.10, 2008” be adopted.

 

                        This bylaw is to rezone the property legally described as Lot 12, District Lot 143, Nanoose District, Plan 2064, Except part in Plan 167R and located at 2450 Alberni Highway from C-1 (Commercial 1) to C-3 (Commercial 3) to correct a mapping error.

 

                               Bylaw Amendment Bylaw No. 1285.12 – Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision Amendment. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That “Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision Bylaw Amendment Bylaw No. 1285.12, 2008” be given 3rd reading.

 

2.      That “Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision Bylaw Amendment Bylaw No. 1285.12, 2008” be adopted.

 

This bylaw is to rezone the property legally described as Lot 2, Block 359, Newcastle District, Plan VIP69346 from P-1 (Parks and Open Space) to T-1 (Institutional/Community Facility 1) to permit the construction of a community firehall.

 

                        For Adoption.

                       

                               Bylaw Amendment Bylaw No. 239.03 – Regional District of Nanaimo Land Use Contract Authorization Amendment. (Electoral Area Directors except EA ‘B’ – One Vote)

 

41-44                           That “Regional District of Nanaimo Land Use Contract Authorization Bylaw Amendment Bylaw No. 239.03, 2007” be adopted.

 

                  This bylaw is to discharge Land Use Contract No. 98 at the property legally described as Lot 1, District Lot 15, Bright District, Plan 29967, except Plan 38105 and located at 1680 Timberlands Road  in Electoral Area ‘A’.

 

                               Bylaw Amendment Bylaw No. 500.341 – Regional District of Nanaimo Land Use and Subdivision Amendment. (Electoral Area Directors except EA ‘B’ – One Vote)

 

41-44                           That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.341, 2007” be adopted.

 

                        This bylaw is to rezone the property legally described as Lot 1, District Lot 15, Bright District, Plan 29967, except Plan 38105 and located at 1680 Timberlands Road in Electoral Area ‘A’ from Residential 6 Subdivision District ‘D’ (RS6D) to Comprehensive Development Zone 36 (CD36).

 

                               Bylaw Amendment No. 869.07 – Morningstar Streetlighting Local Service Area Boundary Amendment. (All Directors – One Vote)

 

                   That “Morningstar Streetlighting Local Service Area Amendment Bylaw No. 869.07, 2008” be adopted.

 

                   This bylaw is to amend the boundaries to include the properties legally described as Lots 1 to 7, District Lot 29, Nanoose Land District, Plan VIP73094 into the Morningstar Streetlighting Local Service Area.

                  

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

 

            7.1       ELECTORAL AREA PLANNING STANDING COMMITTEE

 

45-48                      Minutes of the Electoral Area Planning Committee meeting held February 12, 2008.  (for information)

                             

UNFINISHED BUSINESS

 

Development Permit Application No. 60703 (reconsideration) – Ring Contracting Ltd. –  470 Nanaimo River Road – Area C. (Electoral Area Directors except EA ‘B’ – One Vote)

 

That Development Permit Application No. 60703 submitted by Ring Contracting Ltd., in conjunction with the subdivision on the parcel legally described as Lot 2, Section 6, Range 5, Cranberry District, Plan VIP55807 and located at 470 Nanaimo River Road in Electoral Area ‘C’ and designated within the Watercourse Protection and Fish Habitat Protection Development Permit Areas, be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

Development Permit Application No. 60735 (reconsideration) and Request for Relaxation and Request to Discharge a Section 219 Covenant – Fern Road Consulting Ltd. on behalf of Meade – Lundine Lane – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.         That Development Permit No. 60735 submitted by Fern Road Consulting Ltd., on behalf of M & C Meade, in conjunction with the subdivision on the parcel legally described as Lot 6, District Lot 49, Nanoose District, Plan VIP52245 and designated within the Fish Habitat Protection Development Permit Area pursuant to OCP Bylaw No. 1115, 1998, be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

2.         That the request from Fern Road Consulting Ltd., on behalf of M & C Meade, to relax the minimum 10% perimeter frontage requirement for Proposed Lots 2 and 3 in conjunction with the proposed subdivision of Lot 6, District Lot 49, Nanoose District, Plan VIP52245 be approved.

 

3.         That the request from Fern Road Consulting Ltd., on behalf of M & C Meade, to discharge the section 219 covenant concerning no further subdivision be approved subject to the conditions set out in Schedule No. 1 of the corresponding staff report.

 

PLANNING

                                               

                        DEVELOPMENT PERMIT APPLICATIONS

                       

Development Permit Application No. 60742 and Request for Relaxation – Chris Everett, BCLS, on behalf of Davidson – Adjacent to Norman Road – Area A. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.        That Development Permit Application No. 60742, submitted by Chris Everett BCLS, on behalf of F & P Davidson, in conjunction with the subdivision of the parcel legally described as Lot 1, Section 3, Range 4, Cedar District, Plan VIP53412 and designated within the Watercourse Protection and Fish Habitat Development Permit Areas, be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

2.        That the request for relaxation of the minimum 10% frontage requirement for Proposed Lots A and B in conjunction with the subdivision of the property legally described as Lot 1, Section 3, Range 4, Cedar District, Plan VIP53412 be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

Development Permit Application No. 60743 – Fern Road Consulting Ltd. on behalf of Foulds – Henry Morgan and Maple Guard Drives – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.         That Development Permit Application No. 60743 submitted by Fern Road Consulting Ltd., on behalf of J & L Foulds, in conjunction with the subdivision on the parcel legally described as Lot 2, District Lot 36, Newcastle District, Plan VIP61726 and designated within the Environmentally Sensitive Features and Natural Hazards 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.

 

2.         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.

 

3.         That staff be directed to pursue, with the Ministry of Transportation and the developer of Lot 2, VIP61726, District Lot 36, Newcastle District, and 85 Henry Morgan Drive, the connection of the gazetted road link between Henry Morgan Drive and Sundry Road in the Village Node of Bowser to enhance mobility, emergency response and safety.

 

Development Permit Application No. 60802 – JE Anderson & Associates, BCLS, on behalf of Dubyna – 2520 and 2528 East Wellington Road – Area C. (Electoral Area Directors except EA ‘B’ – One Vote)

 

That Development Permit Application No. 60802 submitted by JE Anderson, BCLS, on behalf of R Dubyna, in conjunction with the subdivision on the parcel legally described as Parcel A (DD9237N) of Section 13, Range 5, Mountain District with Exceptions and designated within the Environmentally Sensitive Areas and Fish Habitat Protection Development Permit Areas pursuant to the East Wellington – Pleasant Valley OCP Bylaw No. 1055, 1997, 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. 90802 – Murray Hamilton on behalf of the Horne Lake Strata No. 5160 – Horne Lake – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

 

Delegations wishing to speak to Development Variance Permit Application No. 90802.

 

That Development Variance Permit Application No. 90802 submitted by Murray Hamilton on behalf of the Horne Lake Strata Corporation Plan VIS5160, in conjunction with the subdivision on the bare land strata lots legally described as Strata Lots 1 – 400, District Lot 251, Alberni District, VIS5160 be approved subject to Schedules No. 1 and 2 of the corresponding staff report.

 

                        OTHER

           

                               Request for Relaxation and Request to Discharge a Section 219 Covenant – Fern Road Consulting Ltd. on behalf of Lundine – Lundine lane – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

                              

1.         That the request from Fern Road Consulting Ltd., on behalf of J Lundine to relax the minimum 10% perimeter frontage requirement for Proposed Lots 1 and The Remainder of Lot A, in conjunction with the proposed 2 lot subdivision of Lot A, District Lot 49, Nanoose District, Plan VIP81015, be approved.

 

2.         That the request from Fern Road Consulting Ltd., on behalf of J Lundine, to discharge the section 219 covenant concerning no further subdivision be approved subject to the conditions set out in Schedule No. 1 of the corresponding staff report.

 

7.2            COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

49-57                      Minutes of the Committee of the Whole meeting held February 12, 2008. (for information)

 

                        DELEGATIONS

 

Art Skipsey, Qualicum Beach Historical & Museum Society, re Museum Expansion. (All Directors – One Vote)

 

That the Board provide the Qualicum Beach Historical & Museum Society with a letter of support for their museum expansion.

 

                        COMMUNICATIONS/CORRESPONDENCE

 

George Abbott, Minister of Health, re Meat Inspection Regulation. (All Directors – One Vote)

 

That the correspondence from the Minister of Health regarding the Regional District’s concerns with the impact of the Meat Inspection Regulation on small businesses in the Regional District and on Vancouver Island be received.

 

Association of Film Commissioners International, re Funding Request for Vancouver Island North Film Commission. (All Directors – One Vote)

 

That the letter of support from the Association of Film Commissioners International with respect to the Vancouver Island North Film Commission’s request for funding be received.

 

B. Sepos, Oceanside Tourism Association (OTA), re OTA 4th Quarter Progress Report, 2008 Marketing Plan and 2008 Publications. (All Directors – One Vote)

 

That the correspondence from the Oceanside Tourism Association to provide their progress report and marketing plan, be received.

 

South Wellington & Area Community Association, re Nanaimo Airport Expansion Plans. (All Directors – One Vote)

 

That the correspondence from the South Wellington and Area Community Association regarding proposed Nanaimo Airport expansion plans, be received.

 

Ken & Henrietta Vanderkooi, re Development Variance Permit Application No. 90704 – Five Cedar Poultry Farm. (All Directors – One Vote)

 

That the correspondence from Ken and Henrietta Vanderkooi with respect to Development Variance Permit Application No. 90704 be received.

 

                       


CORPORATE ADMINISTRATION SERVICES

 

                               Policy – Bylaws Not Requiring Inspector Approval. (All Directors – One Vote)

 

                                     That the “Bylaws Not Requiring Inspector Approval Policy” be approved.

 

Administration & Transit Building Projects. (All Directors – Weighted Vote)

 

1.         That the Regional District of Nanaimo retain NSDA Architects, including their listed sub-consultants, to complete the Final Design, prepare the Tender Documents and oversee the Construction Phase of the Project for a proposed fee of $176,000 for the administration building and $132,000 for the transit facility.

 

2.         That the Board direct staff to hire sustainability and commissioning consultants for LEED certification for the administration and transit building expansion project for $95,000.

 

                        FINANCE & INFORMATION SERVICES

               

                        FINANCE

 

                               Amendments to Purchasing Policy. (All Directors – One Vote)

 

1.            That the purchasing authority limits in Policy A2.9 be established as follows:

                                                                                                            Revised Limit

                                              Supervisors                                          $                5,000

                                              Superintendent                                     $              10,000

                                              Manager                                              $              20,000

                                              General Manager                                $              50,000

                                              Chief Administrative Officer                 $            150,000

 

2.            That a new section 8.2 under Emergencies/Legal Actions be added as follows:

 

8.2   Legal actions and claims against the Regional District may be settled with the approval of:

 

                      (a)   for amounts up to $5,000 – the General Manager, Finance & Information Services.

                      (b)   for amounts up to $25,000 – the Chief Administrative Officer.

 

        Local Calling Between the Nanaimo and Cowichan Valley Regional Districts.

 

                                                             (All Directors – One Vote)

 

1.      That the Regional District of Nanaimo support an application to the CRTC to introduce local calling between the Nanaimo and Cowichan Valley Regional Districts at a single unified rate.

 

                                   


(All Directors – Weighted Vote)

 

2.      That the 2008 budget be amended to include a share of referendum costs, which are approved to be recovered on the basis of converted taxable values within both Regional Districts.

 

DEVELOPMENT SERVICES

 

                        BUILDING INSPECTION

 

Building Inspection Service Bylaw Amendment Bylaw No. 787.07. (All Directors – One Vote)

 

That “Regional District of Nanaimo Building Inspection Service Bylaw Amendment Bylaw No. 787.07, 2008” be given three readings.

 

                        BYLAW ENFORCEMENT

 

Agreement for Use of Nanaimo Animal Shelter Facilities. (All Directors – Weighted Vote)

That the agreement between the City of Nanaimo and the Regional District of Nanaimo for use of the animal shelter at 1260 Nanaimo Lakes Road for the administration of animal control services be approved.

 

Unsightly Premises – 1989 Main Road – Area A. (All Directors – One Vote)

 

That should this matter not be rectified by May 30, 2008, pursuant to “Unsightly Premises Regulatory Bylaw No. 1073, 1996”, the Board directs the owner of the above-noted property to remove from the premises those items as set out in the attached Resolution within fourteen (14) days, or the work will be undertaken by the Regional District of Nanaimo’s agents at the owner’s cost.

                              

                        PLANNING

 

Regional Growth Strategy Review Background Reports. (All Directors – One Vote)

 

That the Regional District of Nanaimo receive the State of Sustainability implications report as outlined in Attachment 1, Shaping our Future: Implications of the State of Sustainability Report for the Regional Growth Strategy.

 

Sustainable Future Awards Program. (All Directors – One Vote)

 

That the Board approve the development and implementation of the Regional District of Nanaimo Sustainable Future Awards Program, and the establishment of a Sustainable Future Awards Advisory Committee with the attached Terms of Reference.

                              

                              


Cable Bay Development Proposal. (All Directors – One Vote)

                       

58-60                            City of Nanaimo Municipal Boundary Extension Request – Updated Report.

 

That the Regional District Board receive this report for information and provide this report as the RDN’s comments on the City of Nanaimo’s referral on the Municipal Boundary Extension, Cable Bay Lands.

 

                        ENVIRONMENTAL SERVICES

    

                        LIQUID WASTE

 

2008 Water & Sewer Infrastructure Planning (Study) Grant Application.

(All Directors – One Vote)

 

That the Board support applications to the Ministry of Community Services for Infrastructure Planning (Study) Grant applications for the following 2008 Environmental Services program initiatives:

 

                                                Liquid Waste Department

1.     Asset Management/Maintenance Planning

2.     Innovative Technology Review for French Creek Pollution Control Centre

3.     Innovative Technology Review for Greater Nanaimo Pollution Control Centre

4.     Wet Weather Upgrade Strategy for French Creek

5.     Nanoose Pollution Control Centre Long Term Capital Planning

6.     Septic Education Program

7.     Health and Safety Audit for Pollution Control Centres

                                               

Utilities Department

1.     Well Re-Development Program Study

2.     French Creek Water Service Area Iron & Manganese Removal Study

3.     Comprehensive Capital Plan Development Strategy for the Nanoose Bay Peninsula Water Service Area

 

                               Package Sewage Treatment Systems Review. (All Directors – One Vote)

 

That the Board accept this report for information and direct staff, as part of the Liquid Waste Management Plan review, to develop for the Board’s consideration a policy regarding the acquisition of new Package Sewage Treatment Systems within the RDN’s Urban Containment Boundary.

 

UTILITIES

 

Fairwinds Sewerage Facilities Local Service Area Amendment Bylaw No. 947.03. (All Directors – One Vote)

 

That “Fairwinds Sewerage Facilities Local Service Area Amendment Bylaw No. 947.03, 2008” be introduced and read three times.

 

Team WaterSmart Corporate Sponsorship – Fairwinds Community & Resort. (All Directors – One Vote)

 

1.            That the Board approve the request by Fairwinds Community and Resort to sponsor Team WaterSmart in the amount of $9,000 in cash and in-kind funding for a period of 5 years beginning in 2008 and ending in 2012 and that staff provide a status report after the first year.

 

2.            That a letter be sent to the Fairwinds Community and Resort, thanking them for their generous sponsorship in the Team WaterSmart educational outreach program.

 

Proposed Drinking Water Watershed Protection Action Plan.

 

(All Directors – One Vote)

                                   

1.        That the Board receive the Drinking Water/Watershed Protection Action Plan.

                              

                               (Electoral Area Directors – Weighted Vote)

 

2.        That the Board direct staff to proceed with the necessary preparations for a communications strategy and an electoral area wide referendum to be held in conjunction with the Local Government Elections in November of 2008 and that funding in the amount of $65,000 be included in the 2008 Electoral Area Feasibility Budgets for this purpose; and

 

(All Directors – One Vote)

 

3.        That the Electoral Area Directors meet with staff to consider the wording of the referendum question and resulting participation when the referendum results are computed.

 

                        RECREATION AND PARKS SERVICES

 

                               2008 Brandt Wildlife Festival. (All Directors – One Vote)

 

That the Natures Trust of BC request for funding be referred to the Regional Parks and Trails Advisory Committee for their consideration of entering into a funding agreement for the Brant Wildlife Festival for a three year term commencing in 2009, to be funded through the Regional Parks function.

 

COMMISSION, ADVISORY & SELECT COMMITTEE

 

Intergovernmental Advisory Committee. (All Directors – One Vote)

 

      That the minutes of the Intergovernmental Advisory Committee meeting held December 13, 2007 be received for information.

 

Transit Select Committee. (All Directors – One Vote)

 

      That the minutes of the Transit Select Committee meeting held January 17, 2008 be received for information.

 

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

 

1.            That the minutes of the Electoral Area ‘E’ Parks and Open Space Advisory Committee meeting held December 3, 2007 be received for information.

 

2.            That the following resolution from the Electoral Area ‘E’ Parks and Open Space Advisory Committee meeting be received for information:

 

         a. That the 2008 Electoral Area ‘E’ Parks Function Provisional Budget be supported as presented.

 

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 January 9, 2008 be received for information.

 

2.            That staff further research with School District 68 senior officials the School Board’s interest in a potential agreement with the Regional District to supply recreation and cultural services in Electoral Area ‘A’ through the Community Schools program.

 

3.           That staff explore the option of the Regional District retaining a coordinator to provide recreation and cultural services in Electoral Area ‘A’.

 

4.            That staff prepare an Electoral Area ‘A’ Recreation and Culture Grant In Aid Program for review at the next Area ‘A’ Recreation and Culture Commission meeting.

 

District 69 Recreation Commission.

 

(All Directors – One Vote)

 

1.            That the minutes of the District 69 Recreation Commission meeting held January 17, 2008 be received for information.

 

                               (All Directors - Weighted Vote)

 

2.            That an Agreement in Principal be approved with the Under 17 Hockey Challenge Society to host the allocated tournament games at Oceanside Place, and direct staff to work with the Society to work out the details of a formal partnership contract.

 

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

 

3.            That funding be allocated for the U17 Hockey Challenge event from the Oceanside Place Function Budget and that the requisition be adjusted accordingly.

 

                               (All Directors – One Vote)

 

4.            That staff prepare a report on the safety issues and the use of fifteen passenger vans by the RDN Recreation and Parks Department.

 

                        BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

 

                              Nanaimo Airport Expansion Plans. (All Directors – One Vote)

 

That staff reply to the South Wellington & Area Community Association, advising them of the Regional District of Nanaimo’s role and authority in regard to the Nanaimo Airport Commission and advise the South Wellington & Area Community Association who they should be directing their concerns to.

 

            7.3       EXECUTIVE STANDING COMMITTEE

 

            7.4       COMMISSIONS

 

7.5       SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

                       

                             Selection Committee Appointments (verbal). (All Directors – One Vote)

                            

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

 

61-63                    Minutes of the Electoral Area ‘H’ Parks and Open Space Advisory Committee meeting held February 15, 2008. (for information)

 

1.      That the Electoral Area ‘H’ Parks and Open Space Advisory Committee consider the development of the McColl Road beach access in the next budget process.

 

2.      That staff contact the Lions Club regarding the improvement of the ball field at Lighthouse Community Centre Community Park.

 

                        ADMINISTRATOR’S REPORTS

                

64-71                    Lighthouse Community Centre Society Funding Agreement. (All Directors – Weighted Vote)

 

72-76                    Zoning & Bylaw Contravention (revised report) – 2663 Barnes Road – Area A. (All Directors – One Vote)         

 

8.                  ADDENDUM

9.                  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.