REGIONAL DISTRICT OF NANAIMO

 

REGULAR BOARD MEETING

TUESDAY, MARCH 25, 2008

(immediately following the Hospital Board meeting)

 

(RDN Board Chambers)

 

 

A G E N D A

 

 

PAGES

 

1.                  CALL TO ORDER

 

            2.         DELEGATIONS

 

12-25                      Philip Nelson, Landsolutions, & Alastair King, Zero Emissions Development (ZED), re Renewable Energy Proposal on RDN Parkland – Gabriola Island – Area ‘B’.

 

26-33                      Duane Round, Parksville Lions Housing Society, re Relaxation of Development Cost Charges.

 

            3.         BOARD MINUTES

 

34-50                      Minutes of the Regular Board meeting held February 26, 2008 and Special Board meeting held March 11, 2008.

 

            4.         BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

 

51                           B. Carlton, FCM, re Residential Food Waste Collection Field Test.

 

52-53                      J. Les, Solicitor General, re Funding to Victim Services & Restorative Justice Programs.

 

6.                  UNFINISHED BUSINESS

 

            BYLAWS

           

                        For Adoption.

 

Bylaw No. 787.07 – Regional District of Nanaimo Building Inspection Service Amendment – Area ‘H’. (All Directors – One Vote)

 

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

 

This bylaw is to amend the boundaries to include the property legally described as Lot 2, Black 347, Plan 33670, Newcastle and Alberni District and located at 820 Horne Lake Road in Electoral Area ‘H’ into the Building Inspection Service Area.

 

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

 

That “Fairwinds Sewerage Facilities Local Service Area Amendment Bylaw No. 947.03, 2008” be adopted.

 

This bylaw is to amend the boundaries to include the vacant properties legally described as Lot 1, Plan 28544, and Lots A and C, Plan 31768, District Lot 78, Nanoose Land District and located adjacent to Schooner Cove Marina and Pub in Electoral Area ‘E’ into the Fairwinds Sewerage Facilities Local Service Area.          

 

54-58                       Bylaw No. 500.333 – Regional District of Nanaimo Land Use and Subdivision Amendment – Area ‘A’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.333, 2006” be adopted.

 

                        This bylaw is to rezone the property legally described as Lot A, Section 13, Range 7, Cranberry District, Plan VIP83828 and located at Schoolhouse and Harold Roads in Electoral Area ‘A’ from Residential 2 Subdivision District ‘F’ (RS2F) to Comprehensive Development Zone 33 (CD33).

 

59-63                      Bylaw No. 500.342 – Regional District of Nanaimo Land Use and Subdivision Amendment – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                               That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.342, 2007” be adopted.

 

                        This bylaw is to rezone the property legally described as Lot 3, Block 360, Newcastle District, Plan 35096 and located on Spider Lake Road in Electoral Area ‘H’ from Subdivision District ‘B’ to Subdivision District ‘D’ to facilitate the subdivision of the parent parcel to create 2 parcels.

                       

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

 

            7.1       ELECTORAL AREA PLANNING STANDING COMMITTEE

 

64-66                      Minutes of the Electoral Area Planning Committee meeting held March 11, 2008.  (for information)

                       

COMMUNICATIONS/CORRESPONDENCE

 

P. & C. Roberts, re Electoral Area ‘G’ Official Community Plan. (Electoral Area Directors except EA ‘B’ – One Vote)

 

That the correspondence from P. & C. Roberts regarding their response to a letter dated November 29, 2007 from the Chairperson with respect to the Electoral Area ‘G’ OCP be received.

 


PLANNING

                                               

                        DEVELOPMENT PERMIT APPLICATIONS

 

Development Permit Application No. 60744 – Adjacent to Lions Way and the Island Highway No. 19A – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

That Development Permit Application No. 60744 submitted by Fern Road Consulting Ltd., on behalf of A Dorfer, in conjunction with the subdivision on the parcel legally described as Lot 3, District Lot 20, Newcastle District, Plan 6994, Except That Part in Plan 31190 and designated within the Environmentally Sensitive Features, Fish Habitat and Natural Hazards 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. 60746 – 2180 South Wellington Road – Area ‘A’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

That Development Permit Application No. 60746 to permit the construction of three additional mini storage buildings on the property legally described as Lot A, Section 11, Range, Cranberry District, Plan VIP76453 be approved subject to the conditions outlined in Schedules No. 1 to 4 of the corresponding staff report.

 

Development Permit Application No. 60803 – 3668 Horne Lake Caves Road – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

That Development Permit Application No. 60803, to permit construction of a residential accessory building with a minimum real lot line setback of 3 metres (10 feet) from the natural boundary of Horne Lake on the subject property located at 3668 Horne Lake Caves Road, be approved.

                       

                        DEVELOPMENT PERMIT APPLICATIONS WITH VARIANCE

                       

                               Development Permit Application No. 60804 and Request for 10% Frontage Relaxation – Adjacent to Northwest Bay Road – Area ‘E’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                               Delegations wishing to speak to Development Permit with Variance Application No. 60804.

 

1.      That Development Permit Application No. 60804 submitted by JE Anderson, BCLS, on behalf of Timberstone Developments Ltd., in conjunction with the subdivision on the parcel legally described as Lot 1, District Lot 68, Nanoose District, Plan 3940 Except for Part in Plan VIP80339 and designated within the Sensitive Ecosystem Protection, Water Protection and Farm Land Protection Development Permit Areas, be approved subject to the conditions outlined in Schedules No. 1, 2, 3 and 4 of the corresponding staff report.

 

2.      That the request for relaxation of the minimum 10% frontage requirement for proposed Lots 14, 15, 16, 19, 20, 21 and 24 be approved.

 

 

3.      That staff be directed to meet with the applicant to ensure that subdivision-related issues as outlined in the staff report with respect to proposed Lots 23 and 24 concerning septic disposal, minimum parcel size and status of the two existing wells can be resolved to the satisfaction of the Regional District in conjunction with the subdivision process.

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

                       

Development Variance Permit Application No. 90715 – D’Angelo – 335 Butler Avenue – Area ‘G’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

Delegations wishing to speak to Development Variance Permit Application No. 90715.

 

That Development Variance Permit Application No. 90715, to legalize the siting of an existing accessory building with a minimum front lot line setback of 2.4 m on the subject property legally described as Lot F, District Lot 12, Nanoose District, Plan 30913 located on Butler Avenue, be approved and that a building permit be obtained.

 

Development Variance Permit Application No. 90803 – 3680, 3676 & 3672 Horne Lake Caves Road – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

Delegations wishing to speak to Development Variance Permit Application No. 90803.

 

That Development Variance Permit Application No. 90803, to permit the construction of two separate concrete retaining walls with an interior side yard setback of 0 metres, on the subject property legally described as Lots 51, 52 & 53, District Lot 251, Alberni District, Electoral Area ‘H’ located on Horne Lake Caves Road, be approved subject to the conditions outlined in Schedules No. 1 to 3.

 

Development Variance Permit Application No. 90805 – 1021 Koskimo Road – Area ‘F’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

Delegations wishing to speak to Development Variance Permit Application No. 90805.

 

That Development Permit Application No. 90805 submitted by Fern Road Consulting Ltd., on behalf of Peter and Sandra Carr, in conjunction with the subdivision on the parcel legally described as Lot 35, Block 359, Newcastle District, Plan 41094, be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report..

 

7.2            COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

67-73                      Minutes of the Committee of the Whole meeting held March 11, 2008. (for information)

 

                       


COMMUNICATIONS/CORRESPONDENCE

 

                               Petition re Hamilton Marsh. (All Directors – One Vote)

 

                                    That the Hamilton Marsh petitions be received.

 

                        CORPORATE ADMINISTRATION SERVICES

 

                               2008 Meeting Schedule. (All Directors – One Vote)

 

That the 2008 meeting schedule be received for information and, as has been the practice since 2006, the August Committee meetings be cancelled.

 

                               Legal Services Contract Extension. (All Directors – Weighted Vote)

 

That the Board extend its legal services agreements with Staples McDannold Stewart in the area of municipal law and Harris & Co. in the area of labour law for an additional two year term expiring February 2010.

 

                        FINANCE & INFORMATION SERVICES

               

                        FINANCE

 

Regional District of Nanaimo 2008 to 2013 Financial Plan Bylaw No. 1542.  

 

(All Directors – Weighted Vote)

 

1.      That “2008 to 2013 Financial Plan Bylaw No. 1542, 2008” be introduced and read three times.

 

                               (All Directors – 2/3 Weighted)     

 

2.      That “2008 to 2013 Financial Plan Bylaw No. 1542, 2008” having received three readings be adopted.

 

2008 Parcel Tax Rate Bylaws – Water Services Bylaw No. 1544; Sewer Services Bylaw No. 1545; Driftwood Water Supply Service Area Amendment Bylaw No. 1336.05; Barclay Crescent Sewer Service Area Amendment Bylaw No. 1483.02.

 

                               Bylaw No. 1544.

 

                               (All Directors – One Vote)

 

1.      That “Water Services Parcel Tax Rates Bylaw No. 1544, 2008” be introduced and read three times.

                              

                               (All Directors – 2/3)

 

2.      That “Water Services Parcel Tax Rates Bylaw No. 1544, 2008” having received three readings be adopted.

                       

                              


Bylaw No. 1545. 

 

                               (All Directors – One Vote)          

 

3.      That “Sewer Services Parcel Tax Rates Bylaw No. 1545, 2008” be introduced and read three times.

 

                               (All Directors – 2/3)

 

4.      That “Sewer Services Parcel Tax Rates Bylaw No. 1545, 2008” having received three readings be adopted.

 

                               Bylaw No. 1336.05.

 

                               (All Directors – One Vote)

                       

5.      That “Driftwood Water Supply Service Area Parcel Tax Rate Amendment Bylaw No. 1336.05, 2008” be introduced and read three times.

 

                               (All Directors – 2/3)

 

6.      That “Driftwood Water Supply Service Area Parcel Tax Rate Amendment Bylaw No. 1336.05, 2008” having received three readings be adopted.

 

                               Bylaw No. 1483.02.

 

                               (All Directors – One Vote)

 

7.      That “Barclay Crescent Sewer Service Area Parcel Tax Rate Amendment Bylaw No. 1483.02, 2008” be introduced and read three times.

 

                               (All Directors – 2/3)

 

8.      That “Barclay Crescent Sewer Service Area Parcel Tax Rate Amendment Bylaw No. 1483.02, 2008” having received three readings be adopted.

 

Barclay Crescent Sewer Rates and Regulations Amendment Bylaw No. 1472.03.

 

(All Directors – One Vote)

 

1.      That “Barclay Crescent Sewer Rates and Regulations Amendment Bylaw No. 1472.03, 2008” be introduced and read three times.

 

(All Directors – 2/3)

 

2.      That “Barclay Crescent Sewer Rates and Regulations Amendment Bylaw No. 1472.03, 2008” having received three readings be adopted.

 


DEVELOPMENT SERVICES

 

                        BUILDING & BYLAW

                       

.                              Building Inspection Service Bylaw Amendment Bylaw No. 787.08 – Area ‘H’. (All Directors – One Vote)

 

                               That “Regional District of Nanaimo Building Inspection Service Bylaw Amendment Bylaw No. 787.08, 2008” be introduced and read three times.

                       

Notice of Bylaw Contravention – 2419 Yellow Point Road – Area ‘A’. (All Directors – One Vote)

 

Delegations wishing to speak to Notice of Bylaw Contravention at 2419 Yellow Point Road – Area ‘A’.

 

That staff be directed to register a Notice on title pursuant to Section 57 of the Community Charter and should the outstanding bylaw contraventions not be resolved within ninety (90) days, that legal action be pursued to ensure Lot B, Section 8, Range 3, Cedar District, Plan VIP66503, is in compliance with the “Regional District of Nanaimo Building Regulation and Fees Bylaw No. 1250, 2001”.

                              

                        PLANNING

 

                               Regional Growth Strategy Review 2007-2008. (All Directors – One Vote)

 

That the Board receive the attached background paper entitled Regional Growth Strategy Review 2007 – 2008: An Assessment of Regional Growth Management Related Challenges and Opportunities.

     

                        ENVIRONMENTAL SERVICES

 

                        LIQUID WASTE

 

Funding Agreement for Greater Nanaimo Pollution Control Centre – Gravity Thickeners Project & French Creek Pollution Control Centre – Solids Contact Tank Expansion Project. (All Directors – Weighted Vote)

 

That the Board approve the execution of the funding agreement between the Regional District of Nanaimo and the Union of British Columbia Municipalities for the Greater Nanaimo Pollution Control Centre – Gravity Thickeners project and the French Creek Pollution Control Centre – Solids Contact Tank Expansion project.

 

Regional Liquid Waste Advisory Committee – Proposed Amended Terms of Reference and Public Consultation Plan. (All Directors – One Vote)

 

1.      That the Board approve the Terms of Reference dated March 2008 for the Regional Liquid Waste Advisory Committee.

 

2.      That the Board approve the Public Consultation Plan dated March 2008 for the Liquid Waste Management Plan Review.

Liquid Waste Management Planning Bylaw No. 1543.

 

(All Electoral Area Directors – Weighted Vote)

 

1.      That $38,000 from the Electoral Areas Community Works funds be used to support the 2008 Liquid Waste Management Plan review.

                              

                               (All Directors – One Vote)

 

2.      That Regional District of Nanaimo “Liquid Waste Management Planning Service Establishment Bylaw No. 1543, 2008” be introduced, read three times and forwarded to the Ministry of Community Services for approval.

 

UTILITIES

 

Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.16 – Area ‘H’. (All Directors – One Vote)

 

That “Rural Streetlighting Local Service Area Amendment Bylaw No. 791.16, 2008” be introduced and read three times.

 

City of Parksville/Regional District of Nanaimo Water Supply Agreement. (All Directors – Weighted Vote)

 

That the Board direct staff to execute the City of Parksville/Regional District of Nanaimo Water Supply Agreement with the City of Parksville for a 5 year period commencing May 1, 2008.

 

Fairwinds Water Service Area – Release of Reserve Funds. (All Directors – One Vote)

 

That the Board approve the release of up to $70,000 from the Fairwinds Water Service Area reserve fund for the engineering design and construction of a new water main connecting Redden Road and Sherbrooke Road.

 

TRANSPORTATION SERVICES

 

                        TRANSIT

 

Transit Special Event Application. (Nanaimo, Lantzville, Parksville, Qualicum Beach, Electoral Areas ‘A’, ‘C’, ‘E’, ‘G’ – Weighted Vote)           

 

That the Transit Special Events request by the Artist Response Team Society for transit service to be provided to the Nanoose Bay School to transport students and teachers to the Voices of Nature concert on April 10, 2008 be approved.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

                               Intergovernmental Advisory Committee. (All Directors – One Vote)

 

That the minutes of the Intergovernmental Advisory Committee meeting held February 14, 2008 be received for information.

 

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

 

That the minutes of the Electoral Area ‘F’ Parks and Open Space Advisory Committee meeting held February 18, 2008 be received for information.

 

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

 

1.      That the minutes of the District 69 Recreation Commission meeting held February 21, 2008 be received for information.

                                   

                               (All Directors – Weighted Vote)

 

2.      That the Regional District of Nanaimo enter into a five year lease agreement with the City of Parksville for the lands on which the District 69 Arena is located for a term from May 1, 2008 to April 30, 2013.

 

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

 

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

Youth Recreation Grants:

Community Group                                           Recommended

Ballenas Secondary School Dry Grad Committee                   1,250

(Entertainment and rental costs)

Ballenas Whalers Football (equipment)                                               2,500

District 69 Family Resource Association                                             1,250

(Youth mentorship recreation activities)

Oceanside Baseball (batting cage lighting)                             2,500

Oceanside Community Arts Council                                        1,000

(Youth art program costs)

Oceanside Youth Football Association (goal posts)                 2,500

 

Community Recreation Grants:

Community Group                                           Recommended

District 69 Family Resource Association                                             2,000

(Preschool play area)

Errington Therapeutic Riding Association                               1,000

(Program expenses and equipment)

Lighthouse Country Trail Group                                                            656

(Equipment for trail workers)

Lighthouse Recreation Commission (program costs)               2,260

Nanoose Bay Parent’s Advisory Council                                 1,370

(Camp at Hornby Island for at risk youth)

Nanoose Bay Parent’s Advisory Council                                             2,500

(Accessible playground project)

Oceanside Eagles Senior Ball Team (uniforms and equipment)           1,800

Oceanside Floor Curlers (vests)                                                          1,000

           Vancouver Island Opera (production costs)                            1,000  

                        ADDENDUM

 

ENGINEERING

 

Chartwell Projects Legal Settlement – Area ‘G’. (All Directors – One Vote)

 

That the Board accept the staff report on the Chartwell Projects legal settlement for information.

           

            7.3       EXECUTIVE STANDING COMMITTEE

 

            7.4       COMMISSIONS

 

7.5       SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

                       

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

 

74-76                      Minutes of the Electoral Area ‘A’ Parks and Green Space Advisory Committee meeting held January 17, 2008. (for information)

 

That staff investigate a possible access to Holden Lake via Bean Road and report back to the Committee.

 

77-78                      Electoral Area ‘E’ Parks and Open Space Advisory Committee. (All Directors – One Vote)

 

                               Minutes of the Electoral Area ‘E’ Parks and Open Space Advisory Committee meeting held February 4, 2008. (for information)

                              

                               Regional Parks and Trails Advisory Committee. (All Directors – One Vote)

 

79-84                      Minutes of the Regional Parks and Trails Advisory Committee meeting held March 4, 2008. (for information)

 

1.      That The Natures Trust of BC request for funding for the Brant Wildlife Festival be referred to the District 69 Recreation Community Grants Program.

                                   

2.      That staff develop a Volunteer Park Warden Program for Regional Parks and Trails for implementation in 2008.

 

                               District 69 Community Justice & Safety Support Services Select Committee. (All Directors – One Vote)

 

85-86                      Minutes of the District 69 Community Justice and Safety Support Services Select Committee meeting held March 13, 2008. (for information)

 

That a letter be sent to J. Lunney, MP and R. Cantelon, MLA, highlighting the lack of funding for Restorative Justice Programs and asking that they request funding from the Federal and Provincial Governments for the Oceanside Restorative Justice Program similar to the funding levels available to Victim Services Programs.

 

8.                  ADMINISTRATOR’S REPORTS

 

87-89-                     Meadowood Fire Service Parcel Tax Bylaw No. 1546 – Area ‘F’. (All Directors – One Vote; All Directors – 2/3)

 

9.                  ADDENDUM

10.              BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

            11.       NEW BUSINESS

            12.       BOARD INFORMATION (Separate enclosure on blue paper)

13.              RISE AND REPORT

14.              ADJOURNMENT

14.       IN CAMERA

                        That pursuant to Section 90(1) (c), (e) and (g) of the Community Charter the Board proceed to an In Camera meeting to consider items related to personnel, land and legal issues.