REGIONAL DISTRICT OF NANAIMO

 

REGULAR BOARD MEETING

TUESDAY, JUNE 24, 2008

(immediately following the Hospital Board meeting)

 

(RDN Board Chambers)

 

 

A G E N D A

 

PAGES

 

1.                  CALL TO ORDER

 

            2.         DELEGATIONS

 

12                           Lee-Anne Dore, MCSEEDS Society, re Agriculture Therapeutic Community.

                              

            3.         BOARD MINUTES

 

13-24                      Minutes of the regular Board meeting held May 27, 2008.

 

            4.         BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

           

25-26                      G. Campbell, Premier, & I. Chong, Minister, re Comments on LocalMotion & Towns for Tomorrow Initiatives.

 

27-28                      S. Clark, UBCM, re Community Tourism Program (Phase 2) E & N Rail Feasibility Study.

 

29                           D. Derby, Cowichan Valley Regional District, re Temporary Use of Firefighting Vehicles.

 

30                           W. J. Peake, Cowichan Valley Regional District, re North Oyster Fire Protection Services Membership Amendment.

 

6.                  UNFINISHED BUSINESS

 

            BYLAWS

           

            For Adoption.

 

                        Bylaw No. 813.43 – French Creek Sewer Local Service Area Amendment. (All Directors – One Vote)

 

                        That “French Creek Sewer Local Service Area Amendment Bylaw No. 813.43, 2008” be adopted.

 

                        This bylaw is to amend the boundaries to include the property legally described as Lot 13, District Lot 49, Nanoose District, Plan 20609 and located at 537 Johnstone Road in Electoral Area ‘G’.


Bylaw No. 889.49 – Northern Community Sewer Service Area Boundary Amendment. (All Directors – One Vote)

 

                        That “Northern Community Sewer Service Area Boundary Amendment Bylaw No. 889.49, 2008” be adopted.

 

                        This bylaw is to amend the boundaries to include the property legally described as Lot 13, District Lot 49, Nanoose District, Plan 20609 and located at 537 Johnstone Road in Electoral Area ‘G’.

 

                        Bylaw No. 964.04 – Dashwood Fire Protection Local Service Area Boundary Amendment. (All Directors – One Vote)

 

                        That “Dashwood Fire Protection Local Service Area Amendment Bylaw No. 964.04, 2008” be adopted.

 

                        This bylaw is to amend the boundaries to include properties in the Meadowood Fire Protection Service so that fire protection services may commence this summer.

                  

                               Bylaw No. 1543 – Liquid Waste Management Planning Service.  (All Directors – One Vote)      

 

                        That “Liquid Waste Management Planning Service Establishment Bylaw No. 1543, 2008” be adopted.

                       

                        This bylaw is to provide regional direction for liquid waste reduction, treatment, utilization and disposal for the benefitting areas of Nanaimo, Lantzville, Parksville, Qualicum Beach and Electoral Areas ‘A’, ‘B’, ‘C’, ‘E’, ‘F’, ‘G’, ‘H’.

                  

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

 

            7.1       ELECTORAL AREA PLANNING STANDING COMMITTEE

 

31-33                      Minutes of the Electoral Area Planning Committee meeting held June 10, 2008.  (for information)

                       

PLANNING

                                               

                        AMENDMENT APPLICATIONS

 

Zoning Amendment Bylaw No. 500.346 – Electoral Area ‘G’ Official Community Plan Implementation. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.346, 2008” is given 1st and 2nd reading.

 

2.      That staff hold an Open House prior to the Public Hearing.

 

 

3.      That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.346, 2008” proceed to a Public Hearing.

 

4.      That the Public Hearing on the amended “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.346, 2008” be delegated to Director Stanhope or his alternate.

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

Development Permit Application No. 60820 & Request for Relaxation – Fern Road Consulting Ltd., on behalf of Deas – Leon Road – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That Development Permit Application No. 60820, submitted by Fern Road Consulting Ltd., on behalf of J. Deas, in conjunction with the subdivision of the parcels legally described as Lots C and D, Both of District Lot 19, Newcastle District, Plan VIP77157 and designated within the Environmentally Sensitive Features Development Permit Area, 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 the proposed Lot 2, as shown on the plan of subdivision of Lots C and D, Both of District Lot 19, Newcastle District, Plan VIP77157, be approved subject to the conditions set out in Schedule No. 1 of the corresponding staff report.

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

                       

Development Variance Permit Application No. 90809 – Lylyk – 3980 Bovanis Road – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

Delegations wishing to speak to Development Variance Permit Application No. 90809.

 

That Development Variance Permit Application No. 90809 to construct a single family dwelling located at Lot 12, District Lot 85, Newcastle District, Plan 23173, be approved subject to the conditions outlined in Schedules No. 1 to 5.

 

Development Variance Permit Application No. 90806 – Mardaga – 3790 Mallard Place – Area ‘E’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

Delegations wishing to speak to Development Variance Permit Application No. 90806.

 

That Development Variance Permit Application No. 90806, to permit the construction of a residential dwelling and accessory building with a minimum setback from the natural boundary of the sea of 9.6 m on the property legally described as Lot 22, District Lot 78, Nanoose District, Plan 28595, be approved subject to the conditions outlined in Schedules No. 1 to 3.

 

                       


OTHER

                       

Request for Relaxation – JE Anderson, BCLS on behalf of Arthur & Diablo Arthur – Caledonia, Sontera & Bratt Roads – Area ‘A’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

That the request to relax the minimum 10% frontage requirement for Proposed Lot 2, submitted by JE Anderson, BCLS on behalf of J. Arthur and B. Diablo Arthur, in conjunction with the proposed subdivision of Lot 1, Sections 11 & 12, Ranges 6 & 7, Cranberry District, Plan VIP72470, be approved.

                       

7.2            COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

34-43                      Minutes of the Committee of the Whole meeting held June 10, 2008. (for information)

           

COMMUNICATIONS CORRESPONDENCE

 

T. Scott, Boat Harbour & Area Residents Committee, re Boat Harbour Proposal. (All Directors – One Vote)

 

That the correspondence from the Boat Harbour & Area Residents Committee regarding the proposed Boat Harbour project, be received.

 

CORPORATE ADMINISTRATION SERVICES

 

COMMUNICATIONS

 

                               Public Consultation/Communication Framework. (All Directors – One Vote)

 

                                    That the amended Public Consultation/Communication Framework be approved.

 

FINANCE AND INFORMATION SERVICES

 

                        FINANCE

 

                               Quarterly Financial Statements. (All Directors – One Vote)

 

That the summary report of financial results from operations to April 30, 2008 be received for information.

 

Bow Horn Bay Fire Protection Local Service Area Amendment Bylaw No. 1385.03. (All Directors – One Vote)

 

That “Bow Horn Bay Fire Protection Local Service Area Amendment Bylaw No. 1385.03, 2008” be introduced and read three times.

 


Temporary Storage of Firefighting Vehicles (Meadowood). (All Directors – Weighted Vote)

 

That the General Manager, Finance & Information Services and the Senior Manager, Corporate Administration, execute a lease for the purpose of storing firefighting vehicles and equipment, between the Regional District of Nanaimo and Pat and Janis McPhalen, with respect to a building located at 1897 Galvin Place, at a monthly cost of $375 as outlined in this report.

 

DEVELOPMENT SERVICES

 

                        BUILDING & BYLAW

 

Notice of Bylaw Contravention – 2835 Shady Mile Way – Area ‘C’. (All Directors – One Vote)

 

Delegations wishing to speak to Bylaw Contravention at 2835 Shady Mile Way – Area ‘C’.

 

That staff be directed to register a Notice on title pursuant to Section 57 of the Community Charter and take the necessary legal action to ensure Lot 11, Section 15, Range 4, Plan VIP68509, Mountain District, is in compliance with “Regional District of Nanaimo Building Regulations & Fees Bylaw No. 1250, 2001”.

 

Notice of Bylaw Contravention – 1995 Walsh Road – Area ‘A’. (All Directors – One Vote)

 

Delegations wishing to speak to Bylaw Contravention at 1995 Walsh Road – Area ‘A’.

 

That staff be directed to register a Notice on title pursuant to Section 57 of the Community Charter and take the necessary legal action to ensure Lot 3, Section 16, Range 8, Plan 25384, Cranberry District, is in compliance with “Regional District of Nanaimo Building Regulations & Fees Bylaw No. 1250, 2001”.

 

Notice of Bylaw Contravention – 2161 Walsh Road – Area ‘A’. (All Directors – One Vote)

 

Delegations wishing to speak to Bylaw Contravention at 2161 Walsh 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 1, Section 16, Range 1, Plan 47095, Cedar Land District, is in compliance with “Regional District of Nanaimo Building Regulations & Fees Bylaw No. 1250, 2001”.

                       


Notice of Bylaw Contravention – 3470 Juriet Road – Area ‘A’. (All Directors – One Vote)

 

Delegations wishing to speak to Bylaw Contravention at 3470 Juriet Road – Area ‘A’.

 

That if a Professional Engineer’s certification is not received within three (3) weeks, staff be directed to register a Notice on title pursuant to Section 57 of the Community Charter and take the necessary legal action to ensure Lot A, Section 4, Range 6, Plan VIP81417, Cedar Land District, is in compliance with “Regional District of Nanaimo Building Regulations & Fees Bylaw No. 1250, 2001” and “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987”.

                              

                        EMERGENCY PLANNING

 

                               Search & Rescue Establishing Bylaw No. 1552. (All Directors – 2/3)

 

1.      That elector assent for the participating areas be obtained by using the alternative approval process for the entire District 68 service area.

 

                               (All Directors – One Vote)

 

2.      That “Southern Community Search and Rescue Contribution Service Bylaw No. 1552, 2008” be introduced for first three readings, forwarded to the Ministry of Community Services for approval and proceed through the alternative approval process to obtain assent of the electors in the Municipalities of Nanaimo and Lantzville and Electoral Areas ‘A’, ‘B’ and ‘C’.

 

3.      That the attached Search and Rescue Contribution Service Electoral Response Form be approved for use with Bylaw No. 1552.

 

4.      That staff be directed to begin discussions with the Arrowsmith Search and Rescue and the northern communities for the establishment of a similar contribution service for District 69.

 

                               Emergency Management Agreement Renewal. (All Directors – Weighted Vote)

 

That the Emergency Management Agreement with the City of Nanaimo, the District of Lantzville, the City of Parksville, the Town of Qualicum Beach and the Qualicum, Nanoose and Snuneymuxw First Nations be renewed, as presented, for a five year term from May 1, 2008 to May 1, 2013.

 

PLANNING

 

                               Agricultural Advisory Committee. (All Directors – One Vote)

 

That this item be referred back to staff for further discussion at a Board seminar.

 


Boat Harbour Resort – Compliance with Policy 6C of the Regional Growth Strategy. (All Directors – One Vote)

 

That the proposed tourist resort at Boat Harbour meets the conditions for a destination resort as outlined in Policy 6C of the RGS.

 

Built Environment & Active Transportation Community Planning Grant. (All Directors – One Vote)

 

1.     That  the Regional District of Nanaimo Board support the submission of a full application package for a community planning grant to the Union of British Columbia Municipalities to develop an Active Transportation Plan for Electoral Area ‘A’.

 

2.     That the Board authorize staff to provide overall grant and financial management.

 

ENVIRONMENTAL SERVICES

    

                        LIQUID WASTE

 

Pump and Haul Local Service Area Amendment Bylaw No. 975.47 – Exclusion of 910 Popular Way – Area ‘F’. (All Directors – One Vote)

 

1.     That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to exclude Lot 22, DL 74, Plan 29012, Cameron District, (910 Poplar Way, Electoral Area ‘F’).

 

2.     That “Regional District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No. 975.47, 2008” be introduced and read three times.

                       

French Creek Pollution Control Centre – Stage 3 Upgrade (Phase 1B) – Bylaw No. 1554. (All Directors – Weighted Vote)

 

1.     That D. Robinson Contracting Ltd. be awarded the construction phase of FCPCC Stage 3 (Phase 1B) Upgrade project – Grit Channel/Skimming Upgrade for the tendered amount of $567,000.

 

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

 

2.     That Northern Community Development Cost Charge funds in the amount of $645,105 be approved as a source of funds for this project.

                              

                               (All Directors – One Vote)

 

3.     That “Northern Community Sewer Local Service Area Development Cost Charge Reserve Fund Expenditure Bylaw No. 1554, 2008” be introduced and read three times.

                              

                              


(All Directors – 2/3)

 

4.     That “Northern Community Sewer Local Service Area Development Cost Charge Reserve Fund Expenditure Bylaw No. 1554, 2008” be adopted.

 

                        UTILITIES

 

Nanoose Bay Peninsula Water Service Area – Well Sequencing Approach. (All Directors – One Vote)

 

That the Board approve the Well Sequencing approach to reduction of iron and manganese in the Nanoose Bay Peninsula Water Service Area.

 

San Pareil Water Service – Installation of Well Head Works – Bylaw No. 1395. (All Directors – One Vote)

 

That the Board authorize a drawdown of $110,000 from the “San Pareil Water Service Security Issuing Bylaw No. 1395, 2004” for the installation of the San Pareil #3 well head works.

                       

                        TRANSPORTATION AND SOLID WASTE SERVICES

                       

                        SOLID WASTE

 

                               Residential Food Waste Field Test Survey. (All Directors – One Vote)

 

That the Board receive the Residential Food Waste Collection Field Test summary and analysis of survey responses and focus group report for information.

                                                           

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

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

 

1.     That the minutes as amended, of the Electoral Area ‘E’ Parks and Open Space Advisory Committee meeting held April 7, 2008 be received for information.

 

2.     That the Nanoose Bay Parents Advisory Committee playground project at Nanoose Bay Elementary School be referred to Parks Staff for review, which would include liability insurance, the overall cost of the project and ownership of the equipment once installed, and in addition should the project be deemed feasible, the Committee will revisit the issue prior to the 2009 budget process to consider funding.

 

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 April 21, 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 May 22, 2008 be received for information.

 

2.     That the District 69 Recreation Commission review in the fall 2008 and winter 2009 the Ravensong Aquatic Centre expansion project and prepare a recommendation on the future of the project.

 

3.     That the Regional District continue to use the Recreation and Parks Department’s 15-passenger van with changes to procedures, and limitations and restrictions, as outlined in Appendix I to be written in a formal policy and procedure, and that staff continue to explore alternative modes of transportation.

 

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

 

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

 

Youth Recreation Grants:

Community Group                                                     Recommended

Bard to Broadway                                                      $       1,650

(Teen Musical Theatre)

District 69 Family Resource Association                    $       1,500

(Youth bus supplies)

Kidfest – youth events                                                $       1,000

One Five One – arts materials                                   $       1,500

Qualicum First Nation – youth event                          $       1,300

 

Community Recreation Grants:

Community Group                                                     Recommended

Bard to Broadway                                                      $       1,650

(Pacific Vocal Institute)

Building Learning Together                                       $          800

(WOW Bus Supplies)

Coombs Candy Walk                                                  $       1,500

Family Resource Association – Family Days              $       1,500

District 69 Mixed Orthodox League                           $       1,000

(Team equipment/uniforms)

Oceanside Ebbtide Slo-Pitch                                      $       1,000

(Equipment)

Parksville Curling Club                                              $       1,145

(Equipment for Special Olympics & Beginner Clinics)

Parksville Seniors Athletic Group – Equipment          $       1,000

Qualicum Beach Museum                                          $          950

(Harvest Festival/Children’s Museum Day)

Qualicum Beach Seedy Saturday                               $       1,000

(Cloth grocery bags)

5.     That that Community Grant in Aid request received from The Nature Trust of BC, Brant Wildlife Festival in the amount of $1,500, be deferred to the 2009 Grant in Aid program.

 

6.     That the Building Learning Together Community Grant in Aid request in the amount of $2,500 be received, and that a Transportation Plan be submitted to the District 69 Recreation Commission prior to final approval of the grant request.

 

7.     That the Community Grant in Aid request Building Learning Together for Goosetrax in the amount of $1,500 to purchase swim/skate program passes be denied, as the swim/skate passes have already been donated to the organization through a separate request.

 

(All Directors – One Vote)

 

8.     That staff prepare a Memorandum of Understanding with the Lighthouse Recreation Commission on the provision of Recreation Services in Electoral Area ‘H’.

 

                        BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

 

Proposed Memorandum of Understanding for Evacuation and/or Civil Emergency. (All Directors – One Vote)

 

That the proposal from the Nanaimo Correctional Centre for a memorandum of understanding for evacuation and/or civil emergency at the Correctional Centre be referred back to staff for further information.

 

                        RISE AND REPORT

 

Wind Farm Proposal – 707 Acre Community Park – Area ‘B’. (All Directors –One Vote)

 

That the request from Zero Emission Energy Development to investigate and develop a wind farm on the 707 acre Electoral Area ‘B’ Community Parkland on Gabriola Island be denied.

 

K. Zakreski, Gabriola Radio Society, re Tower at 707 Acre Community Park – Area ‘B’. (All Directors – One Vote)

 

That the request from the Gabriola Radio Society to erect a tower in the 707 community park on Gabriola Island, be denied.

 

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)

 

44-46                      Minutes of the Electoral Area ‘H’ Parks and Open Space Advisory Committee meeting held May 22, 2008. (for information)

 

                               That the Regional District request that the Ministry of Transportation retain a minimum six metre wide Easement/Right of Way for potential pedestrian and public use, on the portion of Fowler Road adjacent to Lot 23, District Lot 81, Newcastle Land District, Plan 1967 when considering the Road Closure request.                       

8.                  ADMINISTRATOR’S REPORTS

 

47-50                      Extension Fire Protection Service Area Boundary Amendment Bylaw No. 1439.02 – Inclusion of Properties on Kelsie & Richarson Roads – Area ‘C’. (All Directors – One Vote)

 

51-57                      Meadowood Fire Protection Service Loan Authorization Amendment Bylaw No. 1510.01. (All Directors – One Vote)

 

58-65                      Yellowpoint Waterloo Protection Service Area Amendment Bylaw No. 1388.01 & Loan Authorization Bylaw No. 1549. (All Directors – One Vote)

 

Cranberry Fire Protection Lease & Transfer Agreement. (All Directors – Weighted Vote) (to be circulated)

 

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) of the Community Charter the Board proceed to an In Camera meeting to consider items related to land issues.