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
E. Mayne City
of
Director
T. Westbroek Town
of
Director
C. Haime District
of Lantzville
Director
J. Ruttan City
of
Director
D. Johnstone City
of
Director
B. Holdom City
of
Director
J. Kipp City
of
Director
B. Bestwick City
of
Director
L. McNabb City
of
Director
L. Sherry City
of
Also in Attendance:
C.
Mason Chief
Administrative Officer
M.
Pearse Senior
Mgr., Corporate Administration
N.
Avery Gen.
Mgr., Finance & Information Services
J.
Finnie Gen.
Mgr., Environmental Services
P.
Thorkelsson Gen.
Mgr., Development Services
T.
Osborne Gen.
Mgr., Recreation & Parks
D.
Trudeau Gen.
Mgr., Transportation & Solid Waste Services
N.
Tonn Recording
Secretary
DELEGATIONS
Roger McDonell and Michael Wansink,
Mr.
McDonell provided a power point presentation of the Vancouver Island North Film
Commission’s 5 year business plan as well as achievements and potential for
growth of the film industry on
Gail Adrienne & Ron Tanasichuk,
Mr.
Tanasichuk provided information with respect to NALT’s 2008 Annual Report, an
update on current and proposed projects and a request for funding in the amount
of $30,000 for 2009. An information package was distributed to Board members
for their review.
BOARD MINUTES
MOVED
Director Holme, SECONDED Director McNabb, that the minutes of the Inaugural Board
meeting held December 9, 2008 and the Special Board meeting held January 13,
2009 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Ole & Bernice Lind, re
Development Variance Permit Application
MOVED
Director Bartram, SECONDED Director Holdom, that the correspondence from Ole
and Bernice Lind regarding Development Variance Permit Application No. 90824 be
received.
CARRIED
Lana & Richard Cuddeford, re
Development Variance Permit Application
MOVED
Director Bartram, SECONDED Director Holdom, that the correspondence from Lana
and Richard Cuddeford regarding Development Variance Permit Application No.
90824 be received.
CARRIED
Karen Grady & Daniel Fortin, re
Development Variance Permit Application
MOVED
Director Bartram, SECONDED Director Holdom, that the correspondence from Karen
Grady and Daniel Fortin regarding Development Variance Permit Application No.
90824 be received.
CARRIED
Giles Wendling, re Development
Variance Permit Application
MOVED
Director Bartram, SECONDED Director Holdom, that the correspondence from Giles
Wendling regarding Development Variance Permit Application No. 90824 be
received.
CARRIED
Edward & Sylvia Noble, re
Development Variance Permit Application
MOVED
Director Bartram, SECONDED Director Holdom, that the correspondence from Edward
and Sylvia Noble regarding Development Variance Permit Application No. 90823 be
received.
CARRIED
M. J. McMillan, re Development
Variance Permit Application
MOVED
Director Bartram, SECONDED Director Holdom, that the correspondence from M.J.
McMillan regarding Development Variance Permit Application No. 90823 be
received.
CARRIED
UNFINISHED BUSINESS
For Adoption.
Bylaw No. 500.326.
MOVED
Director Bartram, SECONDED Director Holme, that “Regional District of
CARRIED
STANDING COMMITTEE, SELECT COMMITTEE
AND COMMISSION MINUTES AND RECOMMENDATIONS
ELECTORAL AREA PLANNING STANDING
COMMITTEE
MOVED
Director Bartram, SECONDED Director Holme, that the minutes of the Electoral
Area Planning Committee meeting held January 13, 2009 be received for
information.
CARRIED
PLANNING
AMENDMENT APPLICATIONS
Zoning Amendment
Application No. ZA0802 – Morgan –
MOVED Director Bartram, SECONDED Director Burnett, 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.
CARRIED
MOVED Director Bartram, SECONDED Director Burnett, that “Regional
District of
CARRIED
MOVED Director Bartram, SECONDED Director Burnett, that
“Regional District of
CARRIED
MOVED Director Bartram, SECONDED Director Burnett, 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.
CARRIED
MOVED Director Bartram, SECONDED Director Burnett, 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.
CARRIED
MOVED Director Bartram, SECONDED Director Burnett, that
staff be directed to schedule an Electoral Area Directors Seminar to discuss
the relationship between interface fire hazard and zoning.
CARRIED
DEVELOPMENT PERMIT
APPLICATIONS
Development Permit
Application No. 60849 – Davis/Murray –
MOVED Director Bartram, SECONDED Director Holme, 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.
CARRIED
DEVELOPMENT VARIANCE
PERMIT APPLICATIONS
Development Variance
Permit Application No. 90823 – Ballard –
MOVED Director Bartram, SECONDED Director Burnett, 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.
CARRIED
Development Variance
Permit Application No. 90824 – World of
Mr. Scott Henderson raised his concerns with respect to the
application and its effect on water consumption. Mr. Henderson also requested
that the Regional District regulate more closely, all possible building
contraventions in the District.
MOVED Director Young, SECONDED Director Burnett, 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 denied due to the number of comments received as a result of the
notification of adjacent property owners/occupants.
CARRIED
COMMITTEE OF THE WHOLE
STANDING COMMITTEE
MOVED Director McNabb, SECONDED Director Bestwick, that the minutes of
the Committee of the Whole meeting held January 13, 2009 be received for
information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Randy
O’Donnell, re Local Government Tax Concerns.
MOVED Director Westbroek, SECONDED Director Rudischer, that the
correspondence from Randy O’Donnell regarding concerns with Local Government
taxing be received.
CARRIED
Eydie
Fraser, AVICC, re 2009 AGM Resolutions.
MOVED Director McNabb, SECONDED Director Burnett, 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.
CARRIED
CORPORATE ADMINISTRATION SERVICES
Meeting
Schedule for 2009.
MOVED Director Bestwick, SECONDED Director Johnstone, 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.
CARRIED
2008
Departmental Accomplishments.
MOVED Director Holme, SECONDED Director Burnett, that the Board receive
the summary of activities and departmental accomplishments of the Regional
District of Nanaimo for 2008.
CARRIED
FINANCE AND INFORMATION SERVICES
FINANCE
Banking
Services – Award of Tender.
MOVED Director McNabb, SECONDED Director Ruttan, 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.
CARRIED
DEVELOPMENT SERVICES
BUILDING &
BYLAW
Notice of
Building Bylaw Contravention –
MOVED Director Burnett, SECONDED Director Young, 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”.
CARRIED
Notice of
Building Bylaw Contravention –
This item has been withdrawn.
District
of Lantzville Service Agreements.
MOVED Director Haime, SECONDED Director Holdom, 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.
CARRIED
Amendment
Bylaw No. 787.09 – Extension of Building Inspection Service Area.
MOVED Director McNabb, SECONDED Director Johnstone, 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.
CARRIED
PLANNING
Liquor
License Policy Review.
MOVED Director Holme, SECONDED Director McNabb, 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.
CARRIED
MOVED Director Holme, SECONDED Director McNabb, that the request to
waive the Public Hearing requirement for a minor change in hours of operation,
as submitted by Paul Manhas be approved.
CARRIED
ENVIRONMENTAL SERVICES
Environmental
Services Department Name Change.
MOVED Director Westbroek, SECONDED Director McNabb,
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.
CARRIED
UTILITIES
Drinking
Water Protection Advisory Committee.
MOVED Director Bartram, SECONDED Director Mayne, that
the Board approve the Terms of Reference for the Drinking Water Protection
Advisory Committee (January 2009).
CARRIED
Extension of
the Rural Streetlighting Local Service Area – Bylaw No. 791.17.
MOVED Director Holme, SECONDED Director Burnett, that
“Rural Streetlighting Local Service Area Amendment Bylaw No. 791.17, 2009” be referred
back to staff.
CARRIED
Estimated
Costs to
MOVED Director Holme, SECONDED Director Biggemann,
that the Board receive for information the report on costs to service West Bay
Estates with community sewer.
CARRIED
MOVED Director Westbroek, SECONDED Director Bartram,
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.
CARRIED
Updated
Costs to
MOVED Director Holme, SECONDED Director Biggemann,
that the Board receive the “updated costs to service Madrona and
CARRIED
MOVED Director Holme, SECONDED Director Ruttan, that
the Board direct staff to arrange a public information meeting for the property
owners of the Madrona and
CARRIED
LIQUID WASTE
Nanaimo
District Senior Citizens’ Housing Development Society – Application for
Development Cost Charge Reduction.
MOVED Director Sherry, SECONDED
Director Haime, 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.
CARRIED
RECREATION AND PARKS SERVICES
PARKS
MOVED Director McNabb, SECONDED
Director Burnett, 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.
CARRIED
TRANSPORTATION AND SOLID WASTE
SERVICES
SOLID WASTE
Garbage and
Recycling Collection Program – Contract Extension.
MOVED Director Holme, SECONDED
Director McNabb, that the Board approve an additional one-year extension to
Waste Services Inc. for garbage and recycling collection services.
CARRIED
Garbage and
Recycling Collection Program – Financial Relief for Medical Treatment.
MOVED Director Holme, SECONDED
Director Young, 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.
CARRIED
Regional
Landfill Security Services Contract Award.
MOVED Director Holme, SECONDED
Director Bestwick, 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.
CARRIED
District 69 Recreation Commission.
MOVED Director Bartram, SECONDED Director Biggemann,
that the minutes of the District 69 Recreation Commission meeting held December
4, 2008 be received for information.
CARRIED
MOVED Director Bartram, SECONDED Director Westbroek,
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.
CARRIED
MOVED Director Bartram, SECONDED Director Westbroek,
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
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
requisition increases or a combination of these, prior to final adoption of the
budgets in March 2009.
CARRIED
Electoral Area ‘A’ Parks
and Green Space Advisory Committee.
MOVED Director Burnett, SECONDED Director Ruttan, that
the minutes of the Electoral Area ‘A’ Parks and Green Space Advisory Committee
meeting held November 20, 2008 be received for information.
CARRIED
East Wellington/Pleasant
MOVED Director Young, SECONDED Director Mayne, that
the minutes of the East Wellington/Pleasant Valley Parks and Open Space
Advisory Committee meeting held November 3, 2008 be received for information.
CARRIED
Electoral Area ‘E’ Parks and Open
Space Advisory Committee.
MOVED Director Holme, SECONDED Director McNabb, that the
minutes of the Electoral Area ‘E’ Parks and Open Space Advisory Committee
meeting held December 1, 2008 be received for information.
CARRIED
MOVED Director Holme, SECONDED Director McNabb, 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.
CARRIED
Electoral Area ‘F’ Parks
and Open Space Advisory Committee.
MOVED Director Ruttan, SECONDED Director Biggemann, that the
minutes of the Electoral Area ‘F’ Parks and Open Space Advisory Committee
meeting held December 8, 2008 be received for information.
CARRIED
MOVED Director Biggemann, SECONDED Director Johnstone, 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.
CARRIED
Electoral Area ‘H’ Parks
and Open Space Advisory Committee.
MOVED Director Bartram, SECONDED Director Holdom, that the
minutes of the Electoral Area ‘H’ Parks and Open Space Advisory Committee
meeting held November 19, 2008 be received for information.
CARRIED
Road Closure – Lot A, District Lot 33, Newcastle District,
Plan 44033/6173 West Island Highway, Electoral Area ‘H’.
MOVED Director Bartram, SECONDED Director Holdom, that the
Regional District of Nanaimo has no objection to the variance change
application by Mr. Cousineau, Lot A, Plan 44033, District Lot 33, Newcastle
Land District, 6173 Island Highway West, provided the proposed change does not
affect pedestrian traffic.
CARRIED
Walk Way Proposal – Foulds Subdivision to Coburn Road.
MOVED Director Bartram, SECONDED Director Kipp, that staff
prepare a report regarding Community Park H-19 trail development with Ministry
of Transportation regarding the Esary Road pathway.
CARRIED
Regional Solid Waste Advisory
Committee.
MOVED
Director Holme, SECONDED Director Biggemann, that the minutes of the Regional
Solid Waste Advisory Committee meeting held December 4, 2008 be received for
information.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR
COMMUNICATIONS
Wheels for Wellness.
MOVED
Director Holdom, SECONDED Director Ruttan, that the delegation from the Wheels
for Wellness be referred to the Transportation Select Committee to present an
update on the program.
CARRIED
NEW BUSINESS
Terms of Reference, Electoral Area
‘B’ Parks and Open Space Advisory Committee.
MOVED
Director Rudischer, SECONDED Director Bartram, that staff prepare a terms of
reference for the Electoral Area ‘B’ Parks and Open Space Advisory Committee.
CARRIED
Grants-in-Aid Committee.
MOVED
Director Young, SECONDED Director Bartram, that staff prepare a report to
consider an additional Director to the Grants-in-Aid Committee.
CARRIED
VIA Rail Dayliner.
MOVED
Director Bartram, SECONDED Director Bestwick, 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.
CARRIED
SCHEDULED STANDING, ADVISORY STANDING
AND SELECT COMMITTEE REPORTS
Regional Liquid Waste Advisory
Committee.
MOVED
Director Holme, SECONDED Director Burnett, that the minutes of the Regional
Liquid Waste Advisory Committee meeting held December 4, 2008 be received for
information.
CARRIED
District 69 Community Justice Select
Committee.
MOVED
Director Biggemann, SECONDED Director McNabb, that the minutes of the District
69 Community Justice Select Committee meeting held January 20, 2009 be received
for information.
CARRIED
MOVED
Director Biggemann, SECONDED Director Holme, that the annual funding amount for
the Victim Services and Community Justice programs remain at the current level
of $55,000.
CARRIED
MOVED
Director Biggemann, SECONDED Director Holme, 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.
CARRIED
MOVED
Director Biggemann, SECONDED Director Westbroek, 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.
CARRIED
ADMINISTRATOR’S REPORTS
Regional Landfill Engineering
Services Contract Award.
MOVED
Director McNabb, SECONDED Director Johnstone, that XCG Consultants Ltd. be appointed
to provide comprehensive engineering services at the Regional Landfill for a
three-year term with the option of renewing for an additional two years.
CARRIED
Cedar Road
LFG Fourth Amending Agreement.
MOVED Director Holdom, SECONDED Director Mayne, that the Board approve
the Fourth Amending Agreement with Cedar Road LFG Inc.
CARRIED
Church
Road Transfer Station Retrofit, Redevelopment & Expansion – Pre-design Cost
Estimate.
MOVED
Director Westbroek, SECONDED Director Bestwick, that the Board receive the
pre-design cost estimate of $5.5 million to expand and upgrade the Church Road
Transfer Station.
CARRIED
MOVED
Director Westbroek, SECONDED Director McNabb, that AECOM (formerly Gartner-Lee
Ltd.) continue to provide engineering services related to the retrofit,
redevelopment and expansion of the Church Road Transfer Station based on the
pre-design cost estimate to the value of $570,435.
CARRIED
Custom Transit Software Upgrade.
MOVED
Director McNabb, SECONDED Director Westbroek, that the Board approve the
implementation of new Custom Transit scheduling software and hardware with an
overall budget of $304,929.00.
CARRIED
MOVED
Director McNabb, SECONDED Director Westbroek, that staff be authorized to enter
into a contract for the supply of software and associated hardware from
Stratagen Software Systems, Inc. at a cost of $225,758.00.
CARRIED
Electoral Area ‘A’ Recreation and
Culture Service Delivery Options.
MOVED
Director Burnett, SECONDED Director Kipp, that the Regional District retain a
Recreation Coordinator to provide recreation and culture services in Electoral
Area ‘A’.
CARRIED
Tender Results – Administration &
Transit Buildings.
Director
Young left the meeting citing a possible conflict of interest as her son works
for one of the contracting companies.
MOVED
Director McNabb, SECONDED Director Westbroek, that the tender for construction
of facilities for Administration and Transportation services be awarded to
Windley Contracting Ltd. in the amount of $4,402,233.
CARRIED
MOVED
Director McNabb, SECONDED Director Burnett, that a general project contingency
of $400,000 be authorized for these projects.
CARRIED
MOVED
Director Ruttan, SECONDED Director Burnett, that “Southern Community Transit
Service Reserve Fund Bylaw No. 1564, 2009” be introduced and read three times.
CARRIED
MOVED
Director McNabb, SECONDED Director Burnett, that “Southern Community Transit
Service Reserve Fund Bylaw No. 1564, 2009” be adopted.
CARRIED
Director
Young returned to the meeting.
Bylaw No. 1563 – 2009 Parcel Tax
Rolls.
MOVED
Director McNabb, SECONDED Director Haime, that the “2009 Parcel Tax Roll Bylaw
No. 1563, 2009” be introduced and read three times.
CARRIED
MOVED
Director Haime, SECONDED Director Mayne, that the “2009 Parcel Tax Roll Bylaw
No. 1563, 2009” be adopted.
CARRIED
MOVED
Director Haime, SECONDED Director Mayne, that the Board appoint the Deputy
Chairperson, the Senior Manager, Corporate Administration and the General
Manager, Finance and Information Services to preside as the 2009 parcel tax
review panel.
CARRIED
2009 Proposed Budget Overview.
The
General Manager of Finance and Information Services provided a power point
summary of the proposed 2009 budget.
MOVED
Director Holme, SECONDED Director McNabb, that the 2009 proposed budget report
be received for information and be forwarded for further discussion to a
special Committee of the Whole meeting to be held Tuesday, February 3, 2009.
CARRIED
Vancouver Island North Film
Commission Request for Funds.
MOVED
Director Westbroek, SECONDED Director Burnett, that the request for funding
from the Vancouver Island North Film Commission be referred to staff for
further information.
CARRIED
NEW BUSINESS
Federation of Canadian Municipalities
Conference.
MOVED
Director Bartram, SECONDED Director Young, that funds to allow attendance of
two additional Directors at the Federation of Canadian Municipalities
Conference be included in the proposed 2009 Budget.
CARRIED
MOVED
Director Holme, SECONDED Director Bartram, 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.
MOVED
Director Holme, SECONDED Director Bartram, that this meeting adjourn to allow
for an In Camera meeting.
CARRIED
TIME: 9:15 PM