REGIONAL DISTRICT OF
REGULAR BOARD MEETING
TUESDAY, APRIL 27, 2010
7:00 PM
(RDN Board Chambers)
A G E N D A
PAGES
1. CALL
TO ORDER
2. DELEGATIONS
16 John
Ortynsky,
3. BOARD
MINUTES
17 - 32 Minutes of the regular
Board meeting held March 23, 2010.
4. BUSINESS
ARISING FROM THE MINUTES
5. COMMUNICATIONS/CORRESPONDENCE
6. UNFINISHED
BUSINESS
BYLAWS
Public Hearing & Third
33 - 65 Report of the Public Hearing Held March 16, 2010 on
Bylaw No. 1335.03 - Amends the Electoral Area 'H' Official
Community Plan to Include Bowser Village Centre Plan. (Electoral Area Directors except EA B One Vote)
1. That the Report of the Public Hearing containing the
oral and written submissions to the Public Hearing held Tuesday, March 16,
2010, together with all written submissions received prior to the Public
Hearing on Regional District of Nanaimo Electoral Area H Official Community
Plan Amendment Bylaw No. 1335.03, 2010 be received.
2. That Regional District of Nanaimo Electoral Area H
Official Community Plan Amendment Bylaw No. 1335.03, 2010 be granted 3rd
reading with amendments as outlined in Schedule
No. 1 of the staff report.
3. That the Regional District of Nanaimo Electoral Area
H Official Community Plan Amendment Bylaw No. 1335.03, 2010 be forwarded to
the Ministry of Community and Rural Development for consideration of approval.
This
bylaw incorporates the Bowser Village Centre Plan into the Electoral Area 'H'
Official Community Plan.
For Adoption.
Building
Inspection
Bylaw No. 787.13. (All Directors One Vote)
That Regional District of Nanaimo Building
Inspection Extended Service Bylaw Amendment Bylaw No. 787.13, 2010 be
adopted.
This
bylaw extends the boundaries of the Building Inspection Service to
include all electoral areas.
Bylaw No. 1250.05. (All Directors One Vote)
That Regional District
of Nanaimo Building Regulations Amendment Bylaw No. 1250.05, 2010 be
adopted.
This bylaw extends the application of building
regulations to include designated areas by October 1, 2010 and all remaining
electoral areas by April 1, 2011.
Bylaw No. 1595. (Electoral Area Directors
Weighted Vote)
That Regional District of
This bylaw sets
fees and charges in relation to Building Regulations Bylaw No. 1250.
Area E Community Parks
Bylaw No.
803.05. (All Directors One Vote)
That Electoral Area E
Community Parks Local Service Amendment Bylaw No. 803.05, 2010 be
adopted.
This bylaw increases the maximum requisition limit for
the Area E Community Parks Service.
Surfside Sewer
Bylaw No.
1124.10. (All Directors One Vote)
That Surfside Sewer Local Service Area Boundary
Amendment Bylaw No. 1124.10, 2009 be adopted.
This bylaw extends
the boundaries of the Surfside Sewer Service
to include an Area G property.
Bylaw No.
889.54. (All Directors One Vote)
That Northern Community Sewer Service Area
Boundary Amendment Bylaw No. 889.54, 2009 be adopted.
This bylaw
extends the boundaries of the Northern Community
Sewer Service to include an Area G property.
Bylaw No.
1021.08. (All Directors One Vote)
That
This bylaw extends
the boundaries of the Pacific Shores Sewer Service to include an Area E
property.
Bylaw No.
889.55. (All Directors One Vote)
That Northern Community Sewer Service Area
Boundary Amendment Bylaw No. 889.55, 2010 be adopted.
This bylaw extends
the boundaries of the Northern Community
Sewer Service to include an Area E property.
Bylaw No. 1231.02. (All Directors One Vote)
That Regional District
of Nanaimo Regional Parks and Trails Service Area Amendment Bylaw No. 1231.02
be adopted.
This bylaw provides for the acquisition and management
of conservation areas.
7. STANDING
COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS
7.1 ELECTORAL
AREA PLANNING STANDING COMMITTEE
66 - 70 Minutes of the Electoral Area Planning
Committee meeting held April 13, 2010. (for information)
PLANNING
DEVELOPMENT PERMIT APPLICATIONS
Development
Permit Application No. PL2009-080 - Fern Road Consulting Ltd. -
1. That Schedule No. 1 be amended to include the following as item 5:
"Prior to development
of the site the applicants must obtain the required archaeological approvals or
permits from the Archaeology Branch of the Ministry of Tourism, Culture and the
Arts".
2. That Development Permit Application No. PL2009-080, to construct a
dwelling unit, be approved subject to the conditions outlined in Schedules
No. 1-3.
Development
Permit Application No. PL2009-825 & Request for Frontage Relaxation -
1. That Development Permit Application No. PL2009-825, in conjunction
with a two lot subdivision be approved subject to the conditions outlined in
Schedule No. 1.
2. That the request to relax the minimum 10% perimeter frontage requirement
for proposed remainder of
Development
Permit Application No. PL2010-018 - Mason -
That Development Permit Application No. PL2010-018, to permit the
construction of a dwelling unit be approved subject to the conditions outlined
in Schedules No. 1-3.
Development
Permit Application No. PL2010-041 -
That Development Permit Application No. PL2010-041, to permit the
construction of an accessory building and additions to an existing dwelling
unit be approved, subject to the conditions outlined in Schedule No. 1.
Development Permit
Application No. PL2010-053 - Fern Road Consulting Ltd. -
1. That Schedule No. 1 be amended to remove item 4 and replace it with the
following:
"Staff shall withhold the issuance of
this permit until the applicant, at the applicant's expense, registers a
Section 219 covenant that registers the Geotechnical Assessment prepared by
Simpson Geotechnical Ltd. dated February 26, 2010 and includes a save harmless
clause that releases the Regional District of Nanaimo from all losses and
damages as a result of erosion and/or flooding".
2. That Development Permit Application No. PL2010-053, to permit the
construction of a dwelling unit, be approved subject to the conditions outlined
in Schedules No. 1-3.
DEVELOPMENT PERMIT WITH VARIANCE APPLICATIONS
Development
Permit with Variances Application No. PL2009-071 - Delinea Design Consultants
Ltd. -
Delegations
wishing to speak to Development Permit with Variances Application No. PL2009-071.
That the Development Permit with Variances Application No. PL2009-071 to
permit the construction of a beer and wine store be approved subject to the
conditions outlined in Schedules No.
1-4.
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
Development
Variance Permit Application No. PL2010-043 - Lyon -
Delegations
wishing to speak to Development Variance Permit Application No. PL2010-043.
That Development Variance Permit Application No. PL2010-043 to vary the
setback to the sea and the setback to the front lot line be approved subject to
the conditions outlined in Schedules
No. 1- 4.
Development
Variance Permit Application No. PL2010-044 - Craggs -
Delegations
wishing to speak to Development Variance Permit Application No. PL2010-044.
That the Development Variance Permit Application No. PL2010-044 be
approved subject to the conditions outlined in Schedules No. 1 3.
Development
Variance Permit Application No. PL2010-055 - Vectis Ventures -
Delegations
wishing to speak to Development Variance Permit Application No. PL2010-055.
That the Development Variance Permit Application No. PL2010-055, be
approved subject to the conditions outlined in Schedules No. 1 3.
Development
Variance Permit Application No. PL2010-057
- JE Anderson & Associates - 230 &
Delegations
wishing to speak to Development Variance Permit Application No. PL2010-057.
That Development Variance Permit Application No. PL2010-057 to vary the
parcel averaging provisions in conjunction with a phased four lot subdivision
be approved subject to the conditions outlined in Schedule No. 1.
OTHER
Bylaws No. 1055.04, 1148.06, 1400.02, 1152.04, 1540.01
& 1335.04 - Amend Official Community Plans for East Wellington -
Pleasant Valley, Arrowsmith Benson - Cranberry Bright, Nanoose Bay & Areas
'F', 'G' & 'H' to Include Greenhouse Gas Emission Targets. (Electoral
Area Directors except EA B One Vote)
1. That Regional District of Nanaimo East Wellington-Pleasant Valley
Official Community Plan Amendment Bylaw No. 1055.04, 2010" be given 1st
and 2nd reading.
2. That "Regional District of Nanaimo Arrowsmith Benson-Cranberry
Bright Official Community Plan Amendment Bylaw No. 1148.06, 2010" be given
1st and 2nd reading.
3. That "Regional District of Nanaimo Nanoose Bay Official Community
Plan Amendment Bylaw No, 1400.02, 2010" be given 1st and 2nd
reading.
4. That "Regional District of Nanaimo Electoral Area F Official
Community Plan Amendment Bylaw No. 1152.04, 2010" be given 1st
and 2nd reading.
5. That "Regional District of
6. That Regional District of Nanaimo Electoral Area H Official Community
Plan Amendment Bylaw No. 1335.04, 2010 be given 1st and 2nd
reading.
7. That Bylaws No. 1055.04, 1148.06, 1400.02, 1152.04, 1540.01 and 1335.04
have been considered in conjunction with the Regional District of Nanaimos
Financial Plan and Waste Management Plans and Regional Growth Strategy to
ensure consistency between them.
8. That Bylaws No. 1055.04, 1148.06, 1400.02, 1152.04, 1540.01 and 1335.04,
2010 proceed to Public Hearing.
7.2 COMMITTEE
OF THE WHOLE STANDING COMMITTEE
71 - 78 Minutes of the Committee of the Whole meeting
held April 13, 2010. (for information)
COMMUNICATIONS/CORRESPONDENCE
Mark
Brown, Town of
That the correspondence from
the Town of
Howard
Waldner, Vancouver Island Health Authority, re Grant to
That the correspondence from
the
FINANCE
AND INFORMATION SERVICES
FINANCE
That staff be authorized to negotiate a cellular tower location agreement
with
Bylaws
No. 821.08, 964.05, 991.03,
1022.07, 1385.06 & 1439.03 - Amend the Errington, Dashwood, Nanoose, Coombs
Hilliers,
1. That "Errington Fire Protection Service Amendment Bylaw No. 821.08,
2010'' be introduced, read three times and forwarded to the Inspector of
Municipalities for approval.
2. That "Dashwood Fire Protection Service Amendment Bylaw No. 964.05,
2010" be introduced, read three times and forwarded to the Inspector of
Municipalities for approval.
3. That "Nanoose Fire Protection Service Amendment Bylaw No. 991.03,
2010" be introduced, read three times and forwarded to the Inspector of
Municipalities for approval.
4. That "Coombs Hilliers Fire Protection Service Amendment Bylaw No.
1022.07, 2010" be introduced, read three times and forwarded to the
Inspector of Municipalities for approval.
5. That "
6. That "Extension Fire Protection Service Amendment Bylaw No. 1439.03,
2010" be introduced, read three times and forwarded to the Inspector of
Municipalities for approval.
DEVELOPMENT
SERVICES
BUILDING & BYLAW
Building
Inspection Service - Communication Plan for Expansion. (All Directors One
Vote)
That the Building Inspection Expansion Communication Plan be approved and
staff be directed to implement the Plan as scheduled.
PLANNING
Electoral
Area A Draft Official Community Plan -
1. That the Board support Option 1: that the draft Electoral Area 'A' Official
Community Plan include a land use designation and general policies in support
of the Nanaimo Airport with emphasis on the creation of an Accord between the
RDN and the Nanaimo Airport Commission.
(All
Directors One Vote)
2. That staff be directed to initiate the process of developing an Accord
between the Regional District of Nanaimo and the Nanaimo Airport Commission for
the purpose of defining the relationship between the RDN and the NAC and to
ensure that the parties work cooperatively towards common goals and objectives.
The Accord should at minimum address the topics identified in the draft
Electoral Area 'A'
3. That the Electoral Area 'A' Official Community Plan Review Citizen's
Committee due to their proximity to the airport and involvement in the
Electoral Area 'A' Official Community Plan review process be given an
opportunity to provide input and recommendations for consideration in the
development of an Accord.
4. That the Board confirm that all Regional District of Nanaimo planning
documents be consistent with the Board's Strategic Plan and previous actions
which support the Nanaimo Airport.
That as telecommunications towers are federally regulated and not subject to
zoning and as the applicant has followed the public consultation process
established by Industry Canada, staff recommends the Board provide no comments
with respect to the proposed tower.
That the Regional District of
RECREATION AND PARKS SERVICES
RECREATION
Bylaw
No. 1599 - Establishes a Reserve Fund for the Electoral Area A Recreation
& Culture Service.
(All
Directors One Vote)
1. That "Electoral Area 'A' Recreation and Culture Service Reserve Fund
Establishment Bylaw No. 1599, 2010" be introduced and read three times.
(All
Directors 2/3)
2. That "Electoral Area 'A' Recreation and Culture Service Reserve Fund
Establishment Bylaw No. 1599, 2010" be adopted.
That $8,450 be released from the reserve fund for
REGIONAL AND COMMUNITY UTILITIES
WASTEWATER
Bylaw
No. 975.52 - Reduces the Boundaries of the Pump & Haul Service by Excluding
An Area E Property and Amending
a Legal Description for An Area B Property. (All
Directors One Vote)
1. That the boundaries of the "Regional District of Nanaimo Pump and
Haul Local Service Establishment Bylaw No. 975, 1995" be amended to
exclude Lot 69, District Lot 68, Plan 30341, Nanoose District (Electoral Area
'E').
2. That the legal description for Lot 177, Section 31, Plan 17658, Nanaimo
Land District (Electoral Area 'B') be replaced with Lot A, Section 31, Plan
VIP84225, Gabriola Island, Nanaimo District (Electoral Area 'B') in Schedule A
of the "Regional District of Nanaimo Pump and Haul Local Service
Establishment Bylaw No. 975, 1995".
3. That the "Regional District of Nanaimo Pump & Haul Local Service
Amendment Bylaw No. 975.52, 2010" be introduced and read three times.
Bylaws
No. 813.44 & 889.56 - Amend the French Creek & Northern Community Sewer
Services to Include An Area G Property. (All Directors One Vote)
1. That "French Creek Sewer Local Service Area Amendment Bylaw No.
813.44, 2010" be introduced and read three times.
2. That "Northern Community Server Service Area Boundary Amendment
Bylaw No. 889.56, 2010" be introduced and read three times.
SepticSmart
Education Program - Progress Report.
(All Directors One Vote)
1. That the Board receives the program update for the SepticSmart Education
Program for information.
2. That the Board direct staff to send a letter to VIHA for continued
assistance with SepticSmart workshops.
Northern
Community Sewer Service - Contract Award & Release of Reserve Funds for
Centrifuge Purchase.
(All Directors
Weighted Vote)
1. That Alfa Laval be awarded the centrifuge supply contract for the French
Creek Pollution Control Centre Dewatering Upgrade Project for the amount of
$358, 129.
(Parksville,
2. That funds from the Northern Community Development Cost Charge Reserve
Fund be used for the French Creek Pollution Control Centre Dewatering Upgrade
Project.
WATER
Rainwater
Management Current Practices Review.
(All Directors One Vote)
That the Board receive the Rainwater Management Current Practices Review
report for information.
Bylaw No. 1598 - Repeals Redundant Regulations &
Rates Bylaws for Amalgamated
(All
Directors One Vote)
1. That "Regional District of Nanaimo Nanoose Bay Peninsula Water
Regulations and Rates Repeal Bylaw No. 1598, 2010" be introduced and read
three times.
(All
Directors 2/3)
2. That "Regional District of Nanaimo Nanoose Bay Peninsula Water
Regulations and Rates Repeal Bylaw No. 1598, 2010" be adopted.
That the Regional District of
TRANSPORTATION
AND SOLID WASTE SERVICES
SOLID WASTE
Bylaw
No. 1591 - Rates & Regulations Bylaw for the Solid Waste Collection &
Recycling Service.
(All
Directors Weighted Vote)
1. That "Regional District of Nanaimo Solid Waste and Recycling
Collection Service Rates and Regulations Bylaw No. 1591, 2010" be
introduced and read three times.
(All
Directors 2/3 Weighted)
2. That "Regional District of Nanaimo Solid Waste and Recycling
Collection Service Rates and Regulations Bylaw No. 1591, 20I0" having
received three readings be adopted.
Solid
Waste Disposal Service - Reserve Fund Bylaw No. 1600, Green Bin Purchase,
Financial Plan Amendment Bylaw No. 1597.01.
Bylaw No.
1600
(All
Directors Weighted Vote)
1. That
"Regional District of Nanaimo Solid Waste Disposal Service Reserve Fund
Establishment Bylaw No. 1600, 2010" be introduced and read three times.
(All
Directors 2/3 Weighted)
2. That "Regional District of Nanaimo Solid Waste Disposal Service
Reserve Fund Establishment Bylaw No. 1600, 2010" be adopted.
Reserve
Fund Expenditure
(All
Directors Weighted Vote)
1. That up to $1,857,000 for the purchase and distribution of green bins be
authorized as an expenditure from the Solid Waste Disposal Service Reserve Fund.
Bylaw No.
1597.01
(All
Directors Weighted Vote)
1. That "Regional District of
(All Directors 2/3 Weighted)
2. That "Regional District of
2009
Illegal Dumping and Landfill Bans Enforcement Report. (All Directors One
Vote)
That the
Board receive the 2009 Illegal Dumping Prevention Program and Landfill Bans
report for information.
Solid
Waste Disposal Service - Tender Award for Landfill Rubber Tire Loader. (All
Directors Weighted Vote)
That the Regional District of Nanaimo award
the supply of a new rubber tire loader, type Volvo L60F, to Great West Equipment for the tendered
amount of $166,600 plus applicable taxes including the guaranteed buyback, the supply of a four
year extended warranty and a four year maintenance package as included in the
tender.
COMMISSION, ADVISORY & SELECT COMMITTEE
Electoral Area
A Parks, Recreation and Culture Commission. (All Directors One Vote)
1. That the minutes of the Electoral Area A Parks, Recreation and Culture Commission meeting held March 17, 2010 be received for information.
2. That staff contact School
District #68 to explore issues and possible solutions for resurfacing the South
Wellington Elementary and
3. That the following Electoral Area A Recreation and Culture Grant-In-Aid
applications be approved:
Community Group Amount Recommended
Cedar Family of
Community Schools $ 896
Cedar Community
Hall Association $ 1,500
Yellow Point Drama
Group $ 1,007
Electoral Area
B Parks and Open Space Advisory Committee. (All Directors One Vote)
That the minutes
of the Electoral Area B Parks and Open Space Advisory Committee meeting held February 2, 2010 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 22, 2010 be received for information.
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Mark Brown, Town of
That staff prepare a report on
the options and implications of undertaking a regional services review,
including specifically, the request by the Town of
Howard Waldner, Vancouver Island Health Authority, re
Grant to
That staff prepare a report to consider
the financial breakdown of the grant from the
7.3 EXECUTIVE
STANDING COMMITTEE
7.4 COMMISSIONS
7.5 SCHEDULED
STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
Regional
Liquid Waste Advisory Committee. (All Directors One Vote)
79 - 81 Minutes of the Regional Liquid Waste Advisory Committee meeting held April
1, 2010. (for information)
Regional
Parks & Trails Advisory Committee. (All Directors One Vote)
82 - 84 Minutes of the Regional Parks & Trails Advisory Committee meeting held April 6,
2010. (for information)
(All
Directors Weighted Vote)
That 2010 - 2015 licence renewal agreement with
Emergency
Management Select Committee. (All Directors One Vote)
93 - 124 Minutes of the Emergency Management Select Committee meeting held April
13, 2010. (for information)
(All
Directors Weighted Vote)
1. That the Gabriola Island Emergency Social Services Director agreement
between the Regional District of Nanaimo and Nancy Rowan be approved for a one
year term commencing January 1, 2010, and ending December 31, 2010.
2. That the Cedar/Extension Emergency Social Services Director agreement
between the Regional District of Nanaimo and Andrea Bonkowski be approved for a
one year term commencing January 1, 2010, and ending December 31, 2010.
3. That the 2010 Neighborhood Emergency Preparedness Facilitator agreement
between the Regional District of
(All
Directors One Vote)
4. That the Board receive and accept the Community Wildfire Protection Plan
recommendations in principle.
5. That staff be directed to develop policy, for the Boards consideration,
on the implementation of Community Wildfire Protection Plan recommendations.
8. ADMINISTRATORS
REPORTS
Water Act Modernization - Discussion Paper Submission. (to be circulated)
125 - 133 Solar BC - Solar Community Application. (All Directors One Vote)
134 - 135 Animal Control Services - Appointment of Animal
Control Officer. (All Directors One
Vote)
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 Committee meeting to consider items
related to land issues.