REGIONAL DISTRICT OF NANAIMO
REGULAR BOARD MEETING
TUESDAY, JANUARY 27, 2009
7:00 PM
(RDN Board Chambers)
A G E N D A
PAGES
12-18 Roger McDonell and Michael Wansink, Vancouver Island North Film Commission, re Regional Funding Strategy.
19 Gail Adrienne & Ron Tanasichuk, Nanaimo & Area Land Trust, re 2008 Annual Report and Request for Renewed Annual Funding.
20-30 Minutes of the Inaugural Board meeting held December 9, 2008 and the Special Board meeting held January 13, 2009.
BYLAWS
For Adoption.
31-34 Bylaw No. 500.326 – Land Use and Subdivision Bylaw Amendment. (Electoral Area Directors except EA ‘B’ – One Vote)
That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.326, 2007” be adopted.
This bylaw is to rezone the property legally described as Lot A, District Lot 6, Nanoose District, VIP58653 and located at the corner of Northwest Bay and Powder Point Roads from Residential 4 Subdivision District ‘Q’ (RS4Q) to Nanoose Bay Village Centre Comprehensive Development Zone 30 (CD30) to facilitate the construction of 2, three storey commercial buildings in two phases.
7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE
35-36 Minutes of the Electoral Area Planning Committee meeting held January 13, 2009. (for information)
PLANNING
AMENDMENT APPLICATIONS
Zoning Amendment Application No. 0802 – Morgan – 1170 Spider Lake Road – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)
1. That Zoning Amendment Application No. ZA0802 as submitted on behalf of D. Morgan to rezone Lot 20, Block 360, Newcastle District, Plan 37698 from Subdivision District ‘B’ to Subdivision District ‘CC’ be approved to proceed to public hearing subject to the conditions included in Schedule No. 1.
2. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.347, 2009” be given 1st and 2nd reading.
3. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.347, 2009” proceed to public hearing.
4. That the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.347, 2009” be delegated to Director Bartram or his alternate.
5. 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.
6. That staff be directed to schedule an Electoral Area Directors Seminar to discuss the relationship between interface fire hazard and zoning
DEVELOPMENT PERMIT APPLICATIONS
Development Permit Application No. 60849 – Davis/Murray – 5363 Gainsberg Road – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)
That Development Permit Application No. 60849, to construct a dwelling unit and detached garage within the Hazard Lands Development Permit Area pursuant to “Regional District of Nanaimo Electoral Area ‘H’ Official Community Plan Bylaw No. 1335, 2003”, for the property legally described as Lot 3, District Lot 1, Newcastle District, Plan 20442 be approved subject to the conditions outlined in Schedules No. 1 to 4.
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
Development Variance Permit Application No. 90823 – Ballard – 1751 Admiral Tryon Blvd – Area ‘G’. (Electoral Area Directors except EA ‘B’ – One Vote)
Delegations wishing to speak to Development Variance Permit Application No. 90823.
That Development Variance Permit Application No. 90823 submitted by Fern Road Consulting Ltd. for the property legally described as Lot 26, District Lot 28, Nanoose District, Plan VIP62528 be approved subject to Schedules No. 1 to 3 of the staff report and consideration of comments received as a result of notification of adjacent owners/occupants.
Development Variance Permit Application No. 90824 – World of Pentecost Church – 3606 Allsop Road – Area ‘C’. (Electoral Area Directors except EA ‘B’ – One Vote)
Delegations wishing to speak to Development Variance Permit Application No. 90824.
That Development Variance Permit Application No. 90824, to vary the maximum height of a dwelling from 8.0 metres to 9.0 metres on the parcel legally described as Lot 7, Section 18, Range 3, Mountain District, Plan 34810 at 3606 Allsop Road, be approved subject to the conditions outlined in Schedules No. 1 to 4 and the consideration of comments received as a result of the notification of adjacent property owners/occupants.
7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE
37-44 Minutes of the Committee of the Whole meeting held January 13, 2009. (for information)
COMMUNICATIONS/CORRESPONDENCE
Randy O’Donnell, re Local Government Tax Concerns. (All Directors – One Vote)
That the correspondence from Randy O’Donnell regarding concerns with Local Government taxing be received.
Eydie Fraser, AVICC, re 2009 AGM Resolutions. (All Directors – One Vote)
That the correspondence from the Association of Vancouver Island and Coastal Communities with respect to submission requirements for the AVICC annual general meeting be received.
CORPORATE ADMINISTRATION SERVICES
Meeting Schedule for 2009. (All Directors – One Vote)
That the 2009 meeting schedule be received for information and, as has been the practice since 2006, the August Committee meetings be deferred to September.
2008 Departmental Accomplishments. (All Directors – One Vote)
That the Board receive the summary of activities and departmental accomplishments of the Regional District of Nanaimo for 2008.
FINANCE AND INFORMATION SERVICES
FINANCE
Banking Services – Award of Tender. (All Directors – Weighted Vote)
That TD Canada Trust be approved as the provider of general banking services for a five year term commencing on or about March 1, 2009.
DEVELOPMENT SERVICES
BUILDING & BYLAW
Notice of Building Bylaw Contravention – 2305 Hemer Road – Area ‘A’. (All Directors – One Vote)
Delegations wishing to speak to Notice of Building Bylaw Contravention at 2305 Hemer Road – Area ‘A’.
That staff be directed to register a notice on title pursuant to Section 57 of the Community Charter and that legal action be taken, if necessary to ensure that Lot B, Section 13, Range 2, Plan VIP85592, Cedar District is in compliance with the “Regional District of Nanaimo Building Regulations & Fees Bylaw No. 1250, 2001” and “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987”.
Notice of Building Bylaw Contravention – 3466 Simmons Place – Area ‘A’. (All Directors – One Vote)
Delegations wishing to speak to Notice of Building Bylaw Contravention at 3466 Simmons Place – Area ‘A’.
That Mr. Hazelwood be given two weeks to comply and if he is unable to do so by January 27th, then staff be directed to register a notice on title pursuant to Section 57 of the Community Charter and that legal action be taken, if necessary to ensure that Strata Lot 56, Plan VIS3393, District Lot 78, Nanoose Land District is in compliance with the “Regional District of Nanaimo Building Regulations & Fees Bylaw No. 1250, 2001” and “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987”.
District of Lantzville Service Agreements. (All Directors – Weighted Vote)
That the 2009/2010 Service Agreements between the Regional District of Nanaimo and the District of Lantzville for Animal Control, Building Inspection, Bylaw Enforcement, GIS and Mapping, House Numbering, Noise Regulation, Nuisance Control and Unsightly Premises services be approved.
Amendment Bylaw No. 787.09 – Extension of Building Inspection Service Area. (All Directors – One Vote)
That “Regional District of Nanaimo Building Inspection Service Bylaw Amendment Bylaw No. 787.09, 2009” be introduced, read three times and forwarded to the Ministry of Community Development for approval.
PLANNING
Liquor License Policy Review. (All Directors – One Vote)
1. That the Regional District of Nanaimo’s Liquor License Applications Policy (B1.6) be amended in recognition of minor changes to existing liquor licenses as outlined in Schedule No. 1 of the staff report.
2. That the request to waive the Public Hearing requirement for a minor change in hours of operation, as submitted by Paul Manhas be approved.
ENVIRONMENTAL SERVICES
Environmental Services Department Name Change. (All Directors – One Vote)
That the Board receive the report on Environmental Services Department name changes and support the new departmental name of Water & Wastewater Services and sub-departmental names of Water Services, Wastewater Services and Engineering Services.
UTILITIES
Drinking Water Protection Advisory Committee. (All Directors – One Vote)
That the Board approve the Terms of Reference for the Drinking Water Protection Advisory Committee (January 2009).
Extension of the Rural Streetlighting Local Service Area. (All Directors – One Vote)
That “Rural Streetlighting Local Service Area Amendment Bylaw No. 791.07, 2009” be introduced and read three times.
Estimated Costs to Service West Bay Estates with Community Sewers. (All Directors – One Vote)
That the Board receive for information the report on costs to service West Bay Estates with community sewer.
Barclay Crescent Sewer – Capacity for Further Subdivision within the Service Area. (All Directors – One Vote)
That staff be directed to prepare for the Board’s consideration, a development cost charge bylaw for the purpose of covering the costs of replacing a portion of the sewer collection system in the Barclay Crescent Sewer Service Area to accommodate new subdivision development.
Updated Costs to Service Madrona & Wall Beach with Community Sewers. (All Directors – One Vote)
1. That the Board receive the “updated costs to service Madrona and Wall Beach with community sewers” report for information.
2. That the Board direct staff to advise VIHA that the Northwest Nanoose Residents Association has advised the RDN that the costs of a sewer collection system for the Madrona area have resulted in little resident support to proceed with the project without grant funding and therefore a servicing initiative for this area to address failing or poorly functioning on-site disposal systems is not being implemented at the present time.
LIQUID WASTE
Nanaimo District Senior Citizens’ Housing Development Society – Application for Development Cost Charge Reduction. (Nanaimo, Lantzville, EA ‘C’ – Weighted Vote)
That the Board authorize a 50% reduction in Southern Community Sewer Development Cost Charges for the Nanaimo District Senior Citizens’ Housing Development Society Kiwanis Villa project.
RECREATION AND PARKS SERVICES
PARKS
Parks Operations Building. (All Directors – Weighted Vote)
That staff be directed to pursue the lease of a space for use as a parks operations building at the Parksville Industrial Park with Resland Development Corporation.
TRANSPORTATION AND SOLID WASTE SERVICES
SOLID WASTE
Garbage and Recycling Collection Program - Contract Extension. (All Directors –Weighted Vote)
That the Board approve an additional one-year extension to Waste Services Inc. for garbage and recycling collection services.
Garbage and Recycling Collection Program - Financial Relief for Medical Treatment. (All Directors – One Vote)
That the current policy regarding financial relief for residents who face additional costs for garbage disposal due to at-home medical care be maintained with no changes.
Regional Landfill Security Services Contract Award. (All Directors – Weighted Vote)
That the Board award the contract for security services at the Regional Landfill to Footprints Security for a period of 3 years commencing March 1, 2009 at a total cost of $297,810.24.
COMMISSION, ADVISORY & SELECT COMMITTEE
District 69 Recreation Commission. (All Directors – One Vote)
1. That the minutes of the District 69 Recreation Commission meeting held December 4, 2008 be received for information.
2. That the following recommendation be received by the Board for consideration as part of the 2009 Budget and Five Year Financial Plan deliberation process:
That the District 69 Recreation Youth and Community Grants Budget be increased by $20,000 and that staff investigate alternatives, other than just tax increases, to cover the proposed budget increase
3. That the following recommendation be received by the Board for consideration as part of the 2009 Budget and Five Year Financial Plan deliberation process:
a) That that the 2009 Annual Budget and Five Year Capital and Financial Plan for the District 69 Recreation Coordinating Function, be approved in principal as presented;
b) That the 2009 Annual Budget and Five Year Capital and Financial Plan for Oceanside Place, be approved in principal as presented;
c) That the 2009 Annual Budget and Five Year Capital and Financial Plan for the Ravensong Aquatic Centre be approved in principal as presented; and
d) That staff review the tax impacts of the proposed budgets for each function and consider other options, such as reductions in service, fee increases, tax requisitions increases or a combination of these, prior to final adoption of the budgets in March 2009.
Electoral Area ‘A’ Parks and Green Space Advisory Committee. (All Directors – One Vote)
That the minutes of the Electoral Area ‘A’ Parks and Green Space Advisory Committee meeting held November 20, 2008 be received for information.
East Wellington/Pleasant Valley Parks and Green Space Advisory Committee. (All Directors – One Vote)
That the minutes of the East Wellington/Pleasant Valley Parks and Open Space Advisory Committee meeting held November 3, 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 1, 2008 be received for information.
2. That the following recommendation be received by the Board for consideration as part of the 2009 Budget and Five Year Financial Plan deliberation process:
That the Electoral Area ‘E’ Community Parks Function Budget be approved as presented, including the $25,000 grant request for an accessible playground at Nanoose Bay Elementary School, subject to the Nanoose Bay Elementary School Parents Advisory Committee providing more information.
Electoral Area ‘F’ Parks and Open Space Advisory Committee. (All Directors – One Vote)
1. That the minutes of the Electoral Area ‘F’ Parks and Open Space Advisory Committee meeting held December 8, 2008 be received for information.
2. That the following recommendation be received by the Board for consideration as part of the 2009 Budget and Five Year Financial Plan deliberation process:
That the Electoral Area “F” Community Parks Function Budget be approved as presented.
Electoral Area ‘H’ Parks and Open Space Advisory Committee. (All Directors – One Vote)
That the minutes of the Electoral Area ‘H’ Parks and Open Space Advisory Committee held November 19, 2008 be received for information.
Road Closure – Lot A, District Lot 33, Newcastle District, Plan 44033/6173 West Island Highway, Electoral Area ‘H’. (All Directors – One Vote)
That the Regional District of Nanaimo has no objection to the variance change application by Mr. Cousineau, Lot A, PL 44033, DL 33, Newcastle LD, 6173 Island West, provided the proposed change does not affect pedestrian traffic.
Walk Way Proposal – Foulds Subdivision To Coburn Road. (All Directors – One Vote)
That staff prepare a report regarding Community Park H-19 trail development with Ministry of Transportation regarding the Esary Road pathway.
Regional Solid Waste Advisory Committee. (All Directors – One Vote)
That the minutes of the Regional Solid Waste Advisory Committee held December 4, 2008 be received for information.
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Wheels for Wellness. (All Directors – One Vote)
That the delegation from the Wheels for Wellness be referred to the Transportation Select Committee to present an update on the program.
NEW BUSINESS
Terms of Reference, Electoral Area ‘B’ Parks and Open Spaces Advisory Committee. (All Directors – One Vote)
That staff prepare a terms of reference for the Electoral Area ‘B’ Parks and Open Spaces Advisory Committee.
Grants-in-Aid Committee. (All Directors – One Vote)
That staff prepare a report to consider an additional Director to the Grants-in-Aid Committee.
VIA Rail Dayliner. (All Directors – One Vote)
That staff prepare a resolution for the AVICC Conference to request that VIA Rail consider re-routing or adding an additional Dayliner to travel from Courtenay to Victoria and return daily and to consider reintroducing unscheduled stops on the rail line to provide a sustainable transportation link for residential use.
7.3 EXECUTIVE STANDING COMMITTEE
7.4 COMMISSIONS
7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
45-48 Regional Liquid Waste Advisory Committee. (All Directors – One Vote)
Minutes of the Regional Liquid Waste Advisory Committee meeting held December 4, 2008. (for information)
District 69 Community Justice Select Committee. (All Directors – One Vote)
49-50 Minutes of the District 69 Community Justice Select Committee meeting held January 20, 2009. (for information)
(Parksville, Qualicum Beach, EAs ‘E’,‘F’,‘G’,‘H’ – Weighted Vote)
1. That the annual funding amount for the Victim Services and Community Justice programs remain at the current level of $55,000.
(All Directors – One Vote)
2. That staff indicate in correspondence to the RCMP the reasons that additional funding cannot be provided at this time, and advise them that this Committee will review the detailed statistical reports of these two programs when they are submitted in 2009 to consider any future tax increases for funding.
3. That staff prepare a resolution for consideration by the Board at a Special Board meeting on February 10, 2009, for submission to the AVICC concerning the inefficiencies of the court system, the administrative overload required by RCMP personnel in preparing for prosecutions, and the increasing costs of these inefficiencies upon the BC Taxpayers.
51-52 Regional Landfill Engineering Services Contract Award. (All Directors – Weighted Vote)
53-58 Cedar Road LFG Fourth Amending Agreement. (All Directors – Weighted Vote)
59-65 Church Road Transfer Station Retrofit, Redevelopment & Expansion – Pre-design Cost Estimate. (All Directors – One Vote; All Directors – Weighted Vote )
66-69 Custom Transit Software Upgrade. (Nanaimo, Lantzville, EAs ‘A’,‘C’,’E’‘G’, Parksville, Qualicum Beach – Weighted Vote)
70-74 Electoral Area ‘A’ Recreation and Culture Service Delivery Options. (All Directors – One Vote)
75-84 Tender Results – Administration & Transit Buildings. (All Directors – Weighted Vote; Nanaimo, Lantzville, EAs ‘A’,‘C’ – Weighted Vote)
85-88 Bylaw No. 1563 - 2009 Parcel Tax Rolls. (All Directors – One Vote; All Directors – 2/3)
2009 Budget. (to be circulated)
That pursuant to Section 90(1) (e) and (g) of the Community Charter the Board proceed to an In Camera Committee meeting to consider items related to land and legal issues.