REGIONAL DISTRICT OF NANAIMO
REGULAR BOARD MEETING
TUESDAY, JUNE 28, 2011
7:00 PM
(RDN Board Chambers)
A G E N D A
PAGES
1. CALL TO ORDER
2. DELEGATIONS
13 Barbara Campbell, re Well Water Quality, South Forks Road, Area ‘C’.
14 Janette Poncratz-Doyle, re Well Water Quality, South Forks Road, Area ‘C’.
3. BOARD MINUTES
15-22 Minutes of the regular Board meeting held May 24, 2011.
4. BUSINESS ARISING FROM THE MINUTES
5. COMMUNICATIONS/CORRESPONDENCE
23 Dawn Burnett, Resignation from the City of Nanaimo Parks, Recreation and Culture Commission and from the Electoral Area ‘A’ Parks, Recreation and Culture Commission.
6. UNFINISHED BUSINESS
BYLAWS
Public Hearing and Third Reading.
24-29 Bylaw No. 500.370. (EA Directors except EA ‘B’ – One Vote)
1. That the report of the Public Hearing held on June 9, 2011 on “Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.370, 2011” be received.
2. That “Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.370, 2011” be read a third time.
This bylaw supports Zoning Amendment Application No. PL2010-123 – Landeca Services Inc. – 2956 & 2962 Ridgeway Road – Area ‘C’.
Third Reading and Adoption.
30-41 Bylaw No. 1309.01. (All Directors – One Vote/Two Thirds)
1. That the responses to the referral for acceptance of “Regional Growth Strategy Amendment Bylaw No. 1309.01” be received.
2. That “Regional Growth Strategy Amendment Bylaw No. 1309.01, 2011” be read a third time.
3. That “Regional Growth Strategy Amendment Bylaw No. 1309.01, 2011” be adopted.
(EA Directors except EA ‘B’ – One Vote)
Bylaw No. 1148.07
That “Regional District of Nanaimo Arrowsmith Benson – Cranberry Bright Official Community Plan Amendment Bylaw No. 1148.07” be adopted.
These bylaws amend the Regional Growth Strategy and the Arrowsmith Benson – Cranberry Bright Official Community Plan to support zoning amendment application No. PL2009-778 – Addison - 2610 Myles Lake Road - Area ‘C’ which provides for the subject property to be subdivided into four lots.
For Adoption.
Bylaw No. 889.60. (All Directors – One Vote)
That “Regional District of Nanaimo Northern Community Sewer Local Service Boundary Amendment Bylaw No. 889.60” be adopted.
This bylaw amends the RDN’s Northern Community Sewer Service Bylaw in order to formally exclude 56 properties from paying the assessed tax for septage disposal since these properties are now included in the Fairwinds Sewer Service Area – Area ‘E’.
Bylaw No. 1498.01. (All Directors – One Vote)
That "Duke Point Sewer Service Area Development Cost Charges Amendment Bylaw No. 1498.01, 2011" be adopted.
This bylaw extends the Boundaries of the Duke Point Sewer Development Cost Charges Service to Include an Area ‘A’ Property (1965 Walsh Road).
7. STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS
7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE
42-44 Minutes of the Electoral Area Planning Committee meeting held June 14, 2011. (for information)
PLANNING
AMENDMENT APPLICATIONS
Bylaw No. 500.373 to Support Zoning Amendment Application No. PL2011-057 – City of Nanaimo – South Forks Road – Area ‘C’. (EA Directors except EA ‘B’ – One Vote)
1. That the Summary of the Public Information Meeting held on May 18, 2011, be received.
2. That "Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.373, 2011 ", be introduced and read two times.
3. That the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.373, 2011" be delegated to Director Young or another Area Director.
DEVELOPMENT PERMIT WITH VARIANCE APPLICATIONS
Development Permit with Variance Application No. PL2011-052 – Mike Seargeant – 3441 Trans Canada Highway – Area ‘A’. (EA Directors except EA ‘B’ – One Vote)
1. That staff be directed to complete the required notification.
2. That Development Permit with Variance Application No. PL2011-052 be approved subject to the conditions outlined in Schedule No. 1.
Development Permit with Variance Application No. PL2011-058 – Quentin & Melissa Koop – 1401 Greig Road – Area ‘G’. (EA Directors except EA ‘B’ – One Vote)
1. That staff be directed to complete the required notification.
2. That Development Permit with Variance Application No. PL2011-058 be approved subject to the conditions outlined in Schedule No. 1.
DEVELOPMENT VARIANCE PERMIT
Development Variance Permit Application No. PL2011-085 – Regional & Community Utilities, Regional District of Nanaimo - 2471/2473 Nanoose Road - Area ‘E’. (EA Directors except EA ‘B’ – One Vote)
1. That staff be directed to complete the required notification.
2. That Development Variance Permit Application No. PL2011-085 be approved subject to the conditions outlined in Schedule No. 1.
OTHER
Bylaw No. 1432.02 - Proposed Amendments to Regional District of Nanaimo Development Approval Procedures and Notification Bylaw. (EA Directors except EA ‘B’ – One Vote/Two Thirds)
1. That "Regional District of Nanaimo Development Approval Procedures and Notification Amendment Bylaw No. 1432.02, 2011" be introduced and read three times.
2. That "Regional District of Nanaimo Development Approval Procedures and Notification Amendment Bylaw No. 1432.02, 2011" be adopted.
Request for Frontage Relaxation on Subdivision Application No. PL2010-197 – Fern Road Consulting Ltd. – 6120 Island Highway West – Area ‘H’. (EA Directors except EA ‘B’ – One Vote)
That the request to relax the minimum 10% perimeter frontage requirement width requirement be approved.
Subdivision and Non-farm Use Within the ALR. (All Directors – One Vote)
That Policy B1.8, "Review of Provincial Agricultural Land Reserve Applications" be amended to:
a) Authorize all subdivision and non-farm use applications to be forwarded to the Agricultural Land Commission, and
b) Include a general policy statement, as amended, that will be forwarded to the ALC with each subdivision application.
7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE
45-53 Minutes of the Committee of the Whole meeting held June 14, 2011. (for information)
COMMUNICATIONS/CORRESPONDENCE
J. A. Ferrero, re People with Disabilities. (All Directors – One Vote)
That the correspondence from J.A. Ferrero be received.
FINANCE AND INFORMATION SERVICES
FINANCE
Use of Development Cost Charges in 2010. (All Directors – One Vote)
That the report on Development Cost Charges provided under Section 937.01 be received for information.
Bylaws No. 1078.07 and 1317.03 - Board Remuneration Review and Recommendations.
(All Directors – One Vote/Two Thirds)
1. That the recommendations of the Board Remuneration Committee be approved.
2. That "Regional District of Nanaimo Board and Committee Member Remuneration, Expenses and Benefits Bylaw No. 1078.07, 2011" be introduced and read three times.
3. That "Regional District of Nanaimo Board and Committee Member Remuneration, Expenses and Benefits Bylaw No. 1078.07, 2011" be adopted.
4. That "Regional District of Nanaimo Board Remuneration and Expenses (Electoral Areas Only) Bylaw No. 1317.03, 2011" be introduced and read three times.
5. That "Regional District of Nanaimo Board Remuneration and Expenses (Electoral Areas Only) Bylaw No. 1317.03, 2011" be adopted.
Central Island 911 Service Update. (All Directors – One Vote)
That the report be received for information.
Bylaw No. 1611 - Renewal of Central Island 911 Partnership Agreement and 911 Call Answer Levy.
(All Directors – One Vote)
1. That the Parties support the Guiding Principle to work together to provide 911 Service in each of their respective jurisdictions with the eventual goal of the Parties to fund 911 Service entirely through a call answer - levy (CAL) placed on all telephone subscribers within the service areas.
(EA Directors ‘A’, ‘B’, ‘C’ and District of Lantzville – Weighted Vote/Two Thirds)
2. That until such time as the CAL is sufficient to provide all funding necessary for the 911 Service, that any shortfall will be made up by the Parties on the basis of population in accordance with Schedule `A' of the "911 Partnership Agreement".
(All Directors – Weighted Vote)
3. That the "911 Partnership Agreement" between the Regional District of Nanaimo, the Cowichan Valley Regional District and the City of Nanaimo be approved for a period of five years expiring on December 31, 2015.
(EA Directors ‘A’, ‘B’, ‘C’ and District of Lantzville – Weighted Vote/Two Thirds)
4. That "911 Call Answer Levy Bylaw No. 1611, 2011" be introduced and read three times.
5. That "911 Call Answer Levy Bylaw No. 1611, 2011" be adopted.
Fire Departments Authority to Respond to Emergencies Outside Fire Protection Boundaries. (All Directors – One Vote)
1. That the Extension, Dashwood, Nanoose Bay, Errington and Coombs Hilliers Volunteer Fire Departments be authorized to deploy fire-fighting resources outside their statutory boundaries for the 2011 fire season as outlined in this report.
2. That the Errington Volunteer Fire Department be authorized to provide assistance to the BC Ambulance service for cross country and downhill cyclist rescue responses in Blocks 380, 469, 468 and 36 of the Nanoose District, and that the Errington Volunteer Fire Department be authorized to lend their air/lighting pod to the Port Alberni fire department in the case of a tsunami event localized to the Port Alberni area.
DEVELOPMENT SERVICES
BUILDING & BYLAW
Building Inspection – Contaminated Building Remediation Policy. (All Directors – One Vote)
That the Board policy entitled "Building Inspection Procedure for the Remediation of Contaminated Buildings" be adopted as outlined in Schedule No. 1.
Building Inspection – Building Bylaw Contravention – 3106 Northwest Bay Road – Area ‘E’. (All Directors – One Vote)
That staff be directed to register a Notice of Bylaw Contravention on the title of the subject property legally described as Lot 2, District Lot 30-A, Plan 3074, Nanoose District, pursuant to Section 57 of the Community Charter.
Bylaw Enforcement – Zoning and Building Bylaw Contraventions – 146 Kinkade Road – Area ‘G’. (All Directors – One Vote)
That staff be directed to register a Notice of Bylaw Contravention on title pursuant to Section 57 Community Charter and that legal action be taken if necessary to ensure that Lots 1, 2 & 3, District Lot 9, Plan 21816, Newcastle Land District, are in compliance with "Regional District of Nanaimo Building Regulations Bylaw No. 1250, 2010 and Regional District of Nanaimo Land Use and Subdivision Bylaw 500, 1987."
PLANNING
Bylaw No. 1615 – Regional District of Nanaimo Growth Strategy Bylaw and Summary of Public Input. (All Directors – One Vote)
1. That the report summarizing the results of Phase 3 of the RGS review community consultation process be received.
2. That the changes to the Draft Regional Growth Strategy as recommended in this report be included prior to the first two readings of the bylaw.
3. That "Regional District of Nanaimo Growth Strategy Bylaw No 1615, 2011" be introduced and read two times.
4. That a public hearing on "Regional District of Nanaimo Growth Strategy Bylaw No. 1615, 2011" be scheduled and chaired by Director Stanhope.
REGIONAL AND COMMUNITY UTILITIES
LIQUID WASTE
Greater Nanaimo Pollution Control Centre and Nanaimo Community Gardens Society Agreement. (All Directors – Weighted Vote)
That the RDN enter into a two year agreement from September 1, 2011 to August 31, 2013 with the Nanaimo Community Gardens Society for the use of the greenhouses at Greater Nanaimo Pollution Control Centre.
WATER
Drinking Water and Watershed Protection – Water Budget Project – Expenditure of Reserve Funds. (EA Directors – Weighted Vote)
That the expenditure of up to $107,000 from the Drinking Water and Watershed Protection Reserve Fund Expenditure Bylaw No. 1608 be approved to support proceeding with the Water Budget Project.
TRANSPORTATION AND SOLID WASTE SERVICES
SOLID WASTE
Regional Landfill – Cedar Road Bioenergy Facility Expansion Agreement. (All Directors – Weighted Vote)
That the Board approve the Fifth Amending (Facility Expansion) Agreement with Cedar Road Bioenergy Inc.
COMMISSION, ADVISORY & SELECT COMMITTEE
Arrowsmith Water Services Management Board. (All Directors – One Vote)
That the minutes from the meeting of the Arrowsmith Water Service Management Board held April 26, 2011 be received for information.
District 69 Recreation Commission. (All Directors – One Vote)
That the minutes from the meeting of the District 69 Recreation Commission held May 19, 2011 be received for information.
1. That a cross reference process be formalized in RDN Grant-In-Aid procedures to ensure applicants are accurately completing RDN Grant-In-Aid request forms and to verify applying organizations meet the criteria for the Grant-In-Aid programs.
(Parksville, Qualicum Beach, EAs ‘E’, ‘F’, ‘G’ ‘H’ – Weighted Vote)
2. That the following District 69 Recreation Youth Grants be approved:
Arrowsmith Community Enhance. Society - youth sport facility rental $ 400
Bard to Broadway Society - youth summer theatre facility rental 800
Bard to Broadway Society - Education Series facility rental 1,500
Erik Goetzinger BMX Society Qualicum Beach - gate controls,
gate repairs and PA speaker 1,500
District 69 Family Resource Association - youth week event 600
Milner Gardens and Woodland - Shoots with Roots
youth camps at VIU marine field station 1,195
Oceanside Minor Baseball - video training equipment 1,500
Ravensong Aquatic Club - pool rental 2,500
3. That the following District 69 Recreation Community Grants be approved:
Arrowsmith Community Enhancement Society –
Coombs Halloween Candy Walk $ 1,500
Arrowsmith Agricultural Association - padding for indoor court 2,500
Oceanside Building Learning Together –
sand; play cars and helmets; play traffic signs 2,500
Nanoose Bay Landscaping Project - landscape materials and irrigation 1,500
Parksville and District Association for Community Living -
program and event expenses 1,500
Parksville and District 69 Team – transportation 1,500
Parksville Lions Club - playground maintenance 1,500
Qualicum Beach Lawn Bowling Club - equipment and signage 1,400
Qualicum Beach Historical and Museum Society –
children's day event costs 750
Arrowsmith Community (Area 'F') Recreation Services Agreement 2011-2013. (All Directors – Weighted Vote)
That the Agreement with the Arrowsmith Community Enhancement Society, as provided in Appendix ‘A’, covering the term from June 1, 2011 to December 31, 2013, be approved as presented.
District 69 Recreation Services Fees and Charges. (Parksville, Qualicum Beach, EA’s ‘E’, ‘F’, ‘G’, ‘H’ – One Vote)
1. That the 2011-2012 Northern Community Recreation Services Program Fees be approved as provided in Appendix ‘A’.
2. That the 2011-2012 program, admission and rental fees for Oceanside Place be approved as provided in Appendix ‘B’.
3. That the 2011-2012 program, admission and rental fees for Ravensong Aquatic Centre be approved as provided in Appendix ‘C’.
4. That the Fees and Charges Policy be approved as amended in Appendix ‘E’.
Electoral Area ‘A’ Parks, Recreation and Culture Commission.
(All Directors – One Vote)
1. That the minutes from the meeting of the Electoral Area ‘A’ Parks, Recreation and Culture Commission held May 26, 2011 be received for information.
2. That a Porta Potty with a concrete privacy surround, a garbage can and dog sign be installed at the Pebble Beach MOTI water access in Electoral Area ‘A’.
3. That the Electoral Area ‘A’ Recreation and Culture Services Fees and Charges Policy be approved as amended in Appendix A.
4. That the Electoral Area ‘A’ Recreation and Culture Services 2011-12 program fees and charges be approved as outlined in Appendix B.
5. That $27,000 in 2011 and $21,000 in 2012 be provided to Cedar Community Hall Association for hall upgrades funded by the Area ‘A’ Community Parks Budget.
6. That the request by Cedar School and Community Enhancement Society (CSCES) be approved as presented, with the understanding that the placement of the memorial bench for Mr. Jock Gourlay may be temporary due to being on leased land and should the removal of the bench be required, it will be returned to the family.
7. That a memorial bench policy in RDN Parks be developed.
(All Directors – Weighted Vote)
8. That the Regional District enter into an Agreement with the Cedar Community Hall Association that provides for a reduced rental arrangement for a five year period.
9. That the License to Use Agreement between the Regional District of Nanaimo and the Cedar Community School and Enhancement Society for the operation and use of the Cedar Heritage Centre be approved for a Three Year Term from July 1, 2011 – May 30, 2014.
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
People with Disabilities. (All Directors – One Vote)
That correspondence be sent to senior levels of government regarding services required to assist people with disabilities.
NEW BUSINESS
Noise Control Regulatory Bylaw No. 1082. (All Directors – One Vote)
That staff be directed to examine the feasibility of amending Electoral Area ‘B’ Noise Control Bylaw No. 1082 to include firearms related noise and report back to the Board.
7.3 EXECUTIVE STANDING COMMITTEE
7.4 COMMISSIONS
7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
54-82 Transit Select Committee:
(All Directors – One Vote)
Minutes from the meeting of the Transit Select Committee held June 15, 2011. (for information)
1. That the Board receive the report on the Electoral Area ‘A’ Transit Service Feasibility Study for information and direct staff to investigate the full financial impacts of the various expansion options and to work with BC Transit to prioritize the proposed service increase and update the RDN Transit Business Plan as required.
2. That staff be directed to investigate the financial impact of introductory midday scheduled paratransit service for implementation in the 2011/2012 budget year.
3. That the Board receive the report on the Electoral Area ‘H’ Transit Service Feasibility Study for information and direct staff to investigate the full financial impacts of the various expansion options, to work with BC Transit to prioritize the proposed service increase and to update the RDN Transit Business Plan as required.
4. That the Board approve the Bus Stop Realignment Program.
5. That the Board approve the U-PASS Promotion Campaign and direct staff to work with BC Transit to implement the campaign.
(All Directors – Weighted Vote)
6. That the Board approve the 2011/2012 Annual Operating Agreement and direct staff to work with BC Transit staff to reduce debt service costs by having interior/exterior retrofit work postponed until the RDN transit body bay is completed and the work can be done by RDN staff.
83-101 Sustainability Select Committee. (All Directors – One Vote)
Minutes from the meeting of the Sustainability Select Committee held June 15, 2011. (for information)
1. That the staff report on Carbon Management in the RDN be received for information purposes.
2. That the Community Emissions Model report be received for information purposes.
102-120 Regional Parks and Trails Advisory Committee.
Minutes from the meeting of the Regional Parks and Trails Advisory Committee held June 21, 2011. (for information) (All Directors – One Vote)
Moorecroft Regional Park Management Plan Terms of Reference
1. That the Terms of Reference for the Moorecroft Regional Park Management Plan be approved.
2. That staff be directed to issue a Request for Proposals for a Project Consultant for the development of the Moorecroft Regional Park Management Plan.
3. That two members of the Regional Parks and Trails Advisory Committee be appointed to participate as members of the Moorecroft Regional Park Management Plan Sub Committee.
4. That Mr. Van Eynde and Mr. Young be appointed as the Regional Parks and Trails Advisory Committee representatives on the Moorecroft Regional Park Management Plan Sub Committee.
Mount Arrowsmith Massif Regional Park Management Plan
That the Mt. Arrowsmith Massif Regional Park Management Plan be approved.
Horne Lake Regional Park Concept Plan
1. That the Concept Plan for facility and infrastructure improvements at Horne Lake Regional Park be received as information.
2. That staff undertake the Northpark water system upgrade and assemble an in-house integrated design team.
3. That as part of the 2012 work plan, staff be directed to review the concept plan and related costs and provide development alternatives that prioritize essential infrastructure requirements to be undertaken in the short and long term.
8. ADMINISTRATOR’S REPORTS
121-128 Tri-Regional District Solid Waste Study. (All Directors – One Vote)
129-131 Nanoose Bay Peninsula Water Treatment Plant Construction and Engineering Services Award. (All Directors – Weighted Vote)
132-172 Arrowsmith Water Service Joint Venture Agreement. (All Directors – Weighted Vote)
173-208 Englishman River Water Service Joint Venture Agreement. (All Directors – Weighted 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) and (g) of the Community Charter the Board proceed to an In Camera meeting to consider items related to land matters and land use contraventions.