REGIONAL
DISTRICT OF
MINUTES OF THE REGULAR
MEETING OF THE BOARD
OF THE REGIONAL DISTRICT
OF
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
Director
T. Westbroek Town
of
Director
C. Haime District
of Lantzville
Alternate
Director
J. Cameron City
of
Director
B. Holdom City
of
Director
J. Manhas City
of
Director
B. Bestwick City
of
Director
L. McNabb City
of
Director
M. Unger City
of
Also in Attendance:
C.
Mason Chief
Administrative Officer
M.
Pearse Senior
Mgr., Corporate Administration
N.
Avery Gen.
Mgr., Finance & Information Services
T.
Osborne Gen.
Mgr., Recreation & Parks
J.
Finnie Gen.
Mgr., Environmental Services
P.
Thorkelsson Gen.
Mgr., Development Services
D.
Trudeau Gen.
Mgr., Transportation & Solid Waste Services
N.
Tonn Recording
Secretary
CALL TO
ORDER
The Chairperson welcomed Alternate
Director Cameron to the meeting.
DELEGATIONS
Bruce Halliday & Jim Whiteaker, re Port Theatre Annual
Update.
Mr. Whiteaker introduced
Mr. Halliday, Port Theatre General Manager, who provided a visual and verbal
annual update to the Board including a future project to provide a Studio
Theatre.
BOARD MINUTES
MOVED
Director McNabb, SECONDED Director Bartram, that the minutes of the regular Board
meeting held August 26, 2008 and the special Board meeting held September 9,
2008 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Warren Jones, Cowichan Valley
Regional District, re Yellowpoint/Waterloo Fire Protection Services Agreement.
MOVED
Director Bartram, SECONDED Director Holme, that the correspondence from the
Cowichan Valley Regional District regarding a Yellowpoint/Waterloo fire
protection services agreement, be received.
CARRIED
Jim McDonald, re Development Variance
Permit Application
MOVED
Director Bartram, SECONDED Director Holme, that the correspondence from Jim
McDonald regarding Development Variance Permit Application No. 90812 be
received.
CARRIED
Linda McCann, re Development Variance
Permit Application
MOVED
Director Bartram, SECONDED Director Holme, that the correspondence from Linda
McCann regarding Development Variance Permit Application No. 90812 be received.
CARRIED
David Haynes, re Development Permit
Application No. 60831 – 2545 Edwards Road – Area ‘E’.
MOVED
Director Bartram, SECONDED Director Holme, that the correspondence from David
Haynes regarding Development Permit Application No. 60831 be received.
CARRIED
Anne Copas, re Development Variance
Permit Application
MOVED
Director Bartram, SECONDED Director Holme, that the correspondence from Anne
Copas regarding Development Variance Permit Application No. 90812 be received.
CARRIED
Karen Clement, re Development
Variance Permit Application
MOVED
Director Bartram, SECONDED Director Holme, that the correspondence from Karen
Clement regarding Development Variance Permit Application No. 90812 be
received.
CARRIED
C. Riglin, re Development Variance
Permit Application
MOVED
Director Bartram, SECONDED Director Holme, that the correspondence from C.
Riglin regarding Development Variance Permit Application No. 90812 be received.
CARRIED
Antonie & Barbara Kornman, re
Development Variance Permit Application
MOVED
Director Bartram, SECONDED Director Holme, that the correspondence from Antonie
& Barbara Kornman regarding Development Variance Permit Application No.
90812 be received.
CARRIED
STANDING COMMITTEE, SELECT COMMITTEE
AND COMMISSION MINUTES AND RECOMMENDATIONS
ELECTORAL AREA PLANNING STANDING
COMMITTEE
MOVED
Director Bartram, SECONDED Director Young, that the minutes of the Electoral
Area Planning Committee meeting held September 9, 2008 be received for
information.
CARRIED
PLANNING
DEVELOPMENT PERMIT APPLICATIONS
Development Permit Application No.
60828 and Request for Cash-in-Lieu of
MOVED
Director Bartram, SECONDED Director Young, that Development Permit Application
No. 60828 submitted by Steve Marshall and Donna Marshall, in conjunction with
the subdivision of the parcel legally described as Lot 2, District Lot 85,
Newcastle District, Plan 6267, except Plan 19744 and designated within the
Environmentally Sensitive Features Development Permit Area pursuant to OCP
Bylaw No. 1335, 2003, be approved subject to the conditions outlined in
Schedules No. 1 and 2 of the corresponding staff report.
CARRIED
MOVED
Director Bartram, SECONDED Director Young, that the applicant be required to
pay Cash-in-Lieu of park land pursuant to section 941 of the Local Government Act.
CARRIED
Development Permit
Application No. 60830 – Delesalle –
MOVED Director Bartram, SECONDED Director Burnett, that
Development Permit with Variance Application No. 60830, to permit the
construction of a single residential dwelling and attached garage with a
maximum height of 8.81 metres on the property legally described as Lot 1,
District Lot 10, Newcastle District, Plan 22939, be approved subject to the
conditions outlined in Schedules No. 1 to 4 and the notification requirements
of the Local Government Act.
CARRIED
Development Permit
Application No. 60831 and Request for Frontage Relaxation – Whitta – 2545
Edwards Road – Area ‘E’.
MOVED Director Holme, SECONDED Director Biggemann, that
Development Permit with Variance Application No. 60831 be approved subject to
the conditions outlined in Schedules No. 1 to 4 of the corresponding staff
report and the notification requirements of the Local Government Act.
CARRIED
MOVED Director Holme, SECONDED Director Biggemann, that the
request for relaxation of the minimum 10% frontage requirement for the parent
parcel be approved.
CARRIED
Development Permit
Application No. 60835 and Request for Frontage Relaxation – Atkinson –
MOVED Director Young, SECONDED Director Burnett, that
Development Permit Application No. 60835 submitted by Steven Atkinson and Janet
Atkinson, as part of a 2-lot subdivision proposal on the property legally
described as Lot C, Section 12, Range 4, Mountain District, Plan VIP68030 and
designated within the Fish Habitat Protection Development Permit Area pursuant
to the “East Wellington – Pleasant Valley Official Community Plan Bylaw No. 1055,
1997”, be approved with the following exception to Schedule No. 1, to delete
No. 5 – Demarcation of SPEA and 30 metre Setback Area, items ‘a’, ‘b’ and ‘c’
and replace with the requirement for one sign complete with the wording
explaining the riparian area.
CARRIED
MOVED Director Young, SECONDED Director Burnett, that the
request to relax the minimum 10% perimeter frontage requirement of proposed
lots 1 and 2 as shown on Schedule No. 2 be approved.
CARRIED
DEVELOPMENT VARIANCE
PERMIT APPLICATIONS
Development Variance
Permit Application No. 90811 – Phillips – 1999
MOVED Director Burnett, SECONDED Director Young, that
Development Variance Permit Application No. 90811, to permit the construction
of a residential accessory building located at Lot 20, Sections 16 & 17,
Range 8, Cranberry District, Plan VIP80144 be approved subject to the
conditions outlined in Schedules No. 1 to 3 and notification requirements of
the Local Government Act.
CARRIED
Development Variance
Permit Application No. 90812 – Alexander/Christo Kuun Design & Construction
Ltd. – 5093 Seaview Drive – Area ‘H’.
MOVED Director Bartram, SECONDED Director Young, that
Development Variance Permit Application No. 90812 submitted by Christo Kuun
Design & Construction Ltd. for the property legally described as Lot 4,
District Lot 28, Newcastle District, Plan 22249, be approved subject to
Schedules 1 to 3 of the staff report and the notification requirements pursuant
to the Local Government Act with the
addition of the following Condition of Permit to Schedule No. 1:
That
the applicant provide certification by a professional engineer that the
proposed development will not adversely impact the capacity and operation of
the existing drainage corridor of the culverted watercourse.
CARRIED
COMMITTEE OF THE WHOLE
STANDING COMMITTEE
MOVED Director Burnett, SECONDED Director Manhas, that the minutes of
the Committee of the Whole meeting held September 9, 2008 be received for
information.
CARRIED
FINANCE AND INFORMATION SERVICES
FINANCE
2009 to
2013 Financial Plan Schedule.
MOVED Director Westbroek, SECONDED Director Holdom, that the proposed
2009 financial plan review schedule be approved as outlined.
CARRIED
Request
from Municipal Pension Retirees’ Association – Municipal Pension Plan
Contributions and Member Benefits.
MOVED Director Herle, SECONDED Director Westbroek, that the background
report regarding the Municipal Pension Retirees Association request for
additional financial support for group health benefits be received.
CARRIED
MOVED Director Holme, SECONDED Director Young, that this report on the
final seismic review of the Nanoose Bay Firehall be received.
CARRIED
MOVED Director Holme, SECONDED Director McNabb, that staff continue to
work with the firm of Johnston, Davidson Architecture Inc. to design a
replacement firehall following the Regional District’s Green Building Policy.
CARRIED
MOVED Director Holme, SECONDED Director Bestwick, that an amount of
$100,965 be released from the Nanoose Bay Fire Protection Service building
reserve fund to cover cost as outlined in this report.
CARRIED
DEVELOPMENT SERVICES
BUILDING &
BYLAW
Notice of
Bylaw Contravention –
MOVED Director Burnett, SECONDED Director Young, that staff be directed
to register a Notice of Bylaw Contravention on title pursuant to Section 57 of
the Community Charter and that legal action be taken if necessary to
ensure Lot 4, Section 16, Range 5, Plan 14877, Cedar District, is in compliance
with the “Regional District of Nanaimo Building Regulation & Fees Bylaw No.
1250, 2001”.
CARRIED
Notice of
Bylaw Contravention -
MOVED Director Holme, SECONDED Director Manhas, that staff be directed
to register a Notice of Bylaw Contravention 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, District Lot 6, Plan 22814, except that part in Plan 23588, Nanoose
District, is in compliance with the “Regional District of Nanaimo Building
Regulation & Fees Bylaw No. 1250, 2001”.
CARRIED
TRANSPORTATION AND SOLID WASTE
SERVICES
SOLID WASTE
Residential
Food Waste Collection Program Approval.
MOVED Director Burnett, SECONDED
Director McNabb, that the Board approve the addition of food waste to the
upcoming tender for the RDN Garbage Collection & Recycling Service and
continue the collection of food waste on Route 52 in Electoral Area ‘A’.
CARRIED
Plebiscite
on Open Burning Restrictions – Area ‘E’.
MOVED Director Holme, SECONDED
Director McNabb, that the Regional District ask the following plebiscite
question to gauge public opinion on November 15, 2008 in Electoral Area ‘E’ on the
issue of backyard burning restrictions and that the plebiscite question be as
follows:
“Are
you in favour of burning restrictions in Electoral Area E?”
CARRIED
Electoral Area ‘A’ Recreation and
Culture Commission.
MOVED Director Burnett, SECONDED Director McNabb, that
the minutes of the Electoral Area ‘A’ Recreation and Culture Commission meeting
held September 10, 2008 be received for information.
CARRIED
Electoral Area ‘A’
Recreation and Culture Service Delivery Options.
MOVED Director Burnett, SECONDED Director McNabb, that
the Regional District pursue a service agreement with School District #68
(Nanaimo – Ladysmith) for the provision of recreation and cultural services in
Electoral Area ‘A’, and that a draft agreement be completed by January 2009 for
consideration by the Commission and Regional Board.
CARRIED
SCHEDULED STANDING, ADVISORY STANDING
AND SELECT COMMITTEE REPORTS
Selection Committee Appointments
Regional Solid Waste Advisory
Committee.
MOVED Director Bartram, SECONDED Director Holme, that John
Cheek be appointed to the Regional Solid Waste Advisory Committee as a Business
Community (South) representative, Melissa Kriegerfox as a Waste Management
(private sector) representative, Michael Schellnick as a Waste Management (non-profit
sector) representative, Janet Sawatsky as a General Public (North)
representative and Wally Wells as a General Public (South) representative, for
a term ending December 31, 2010.
CARRIED
ADMINISTRATOR’S REPORTS
SepticSmart Education Program – Progress
Report.
MOVED
Director Burnett, SECONDED Director McNabb, that the Board receive the progress
report on the SepticSmart Education Program for information.
CARRIED
Pump and
Haul Amendment Bylaw No. 975.49 – Amended at Third
MOVED Director Bartram, SECONDED Director Holme, that “Regional
District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No.
975.49, 2008” be rescinded at third reading.
CARRIED
MOVED Director Bartram, SECONDED Director Holme, that “Regional
District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No.
975.49, 2008” be amended to exclude the property described as Lot 72, Section
13, Plan VIP21531, Nanaimo Land District (667 South Road, Gabriola Island,
Electoral Area ‘B’) from the recital and Schedule ‘A’ (Electoral Area ‘B’).
CARRIED
MOVED Director Bartram, SECONDED Director Holme, that “Regional
District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No.
975.49, 2008” be read a third time as amended.
CARRIED
MOVED Director Bartram, SECONDED Director Holme, that “Regional
District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No.
975.49, 2008” be adopted.
CARRIED
Southern
Community Search & Rescue Contribution Bylaw No. 1552.
MOVED
Director McNabb, SECONDED Director Young, that “Southern Community Search and
Rescue Contribution Service Establishment Bylaw No. 1552, 2008” be adopted.
CARRIED
Results of Elector Response
MOVED
Director Young, SECONDED Director Burnett, that the results of the alternative
approval process with respect to changes to the Yellowpoint/Waterloo Fire
Protection Service be received.
CARRIED
MOVED
Director Young, SECONDED Director Burnett, that staff be directed to include
the following question with respect to the loan authority and lease/transfer
agreement for assent of the electors at the November 15, 2008 local government
elections:
“Are you in favour of “Yellowpoint Waterloo Fire
Protection Service Loan Authorization Bylaw No. 1549, 2008”, which if approved,
would authorize the Regional District of Nanaimo to borrow up to $560,000 to
purchase firefighting equipment for the Hallberg Road firehall which would be
repaid over 15 years at an estimated cost of $91 per year; and
Do you approve of the Regional District of Nanaimo
entering into an agreement with the Cranberry Fire District for the use of the
firefighting equipment at the
CARRIED
MOVED
Director Young, SECONDED Director Burnett, that for the purposes of official
notices of the ballot question, the Board hereby authorizes the use of a
synopsis of the bylaw and lease/transfer agreement.
CARRIED
Results of Elector Response
MOVED
Director Biggemann, SECONDED Director Bartram, that the results of the
alternative approval process with respect to increasing the borrowing authority
for the Meadowood fire protection project be received.
CARRIED
MOVED
Director Biggemann, SECONDED Director Bartram, that “Meadowood Fire Protection Service
Area Loan Authorization Amendment Bylaw No. 1510.01, 2008” be adopted.
CARRIED
Engineering Services Contract Liquid
Waste Department.
MOVED
Director McNabb, SECONDED Director Holdom, that staff be directed to prepare a
consulting services contract with Earth Tech (Canada) Inc., for wastewater
engineering advice for a three-year term with the option of renewing for an
additional two-year term.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR
COMMUNICATIONS
Port Theatre.
MOVED
Director Holdom, SECONDED Director McNabb, that the Board support in principle
the Port Theatre’s proposed Studio Theatre community project.
CARRIED
NEW BUSINESS
Vancouver Island Railway Service.
MOVED
Director Bartram, SECONDED Director Holme, that the Chairperson send a letter
to VIA Services – Southern Railway of Vancouver Island (SVI), with an
information copy to the attention of Doug Backhouse of the Island Corridor
Foundation, requesting a change in passenger service stops at the customer
requests.
CARRIED
MOVED
Director Holme, SECONDED Director Burnett, that pursuant to Section 90(1)(g) of
the Community Charter the Board
proceed to an In Camera meeting to consider items related to legal issues.
MOVED
Director Holme, SECONDED Director Burnett, that this meeting adjourn to allow
for an In Camera meeting.
CARRIED
TIME: 7:47 PM