REGIONAL
DISTRICT OF
MINUTES
OF THE REGULAR MEETING OF THE BOARD
OF
THE REGIONAL DISTRICT OF
TUESDAY,
FEBRUARY 22, 2011 AT 7:00 PM
IN THE RDN BOARD CHAMBERS
Present:
Director J. Stanhope Chairperson
Director J. Burnett Electoral Area A
Director G. Rudischer 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 M. Lefebvre City of
Director T. Westbroek Town of
Director C. Haime District of Lantzville
Director J. Ruttan City of
Director B. Holdom City of
Director B. Bestwick City of
Director J. Kipp City of
Director D. Johnstone City of
Director L. Sherry City of
Director M. Unger City of
Also in
Attendance:
C. Mason Chief
Administrative Officer
M. Pearse Senior
Manager, Corporate Administration
N. Avery General
Manager, Finance & Information Services
J. Finnie General
Manager, Regional & Community Utilities
C. McIver A/C General
Manager, Transportation & Solid Waste
P. Thorkelsson General Manager,
Development Services
T. Osborne General
Manager, Recreation & Parks
N. Hewitt Recording
Secretary
DELEGATIONS
Cindy Nesselbeck, re
Regulation of Nuisance Wildlife.
Ms. Nesselbeck provided a verbal and visual overview of the need for a
nuisance wildlife bylaw.
John Day, re
Proposed
Mr. Day requested that the proposed cell tower on Greater Nanaimo
Wastewater Treatment Plant land be rescinded to keep the towers away from
elementary schools.
Sigi Wolff, re Proposed
Mr. Wolff spoke in opposition of the proposed cell tower being within the
vicinity of an elementary school.
BOARD MINUTES
MOVED
Director Westbroek, SECONDED Director Lefebvre, that the minutes
of the regular Board meeting held January 25, 2011 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Edwin Grieve, Comox
Valley Regional District, re Regional
Growth Strategy Bylaw No. 120.
MOVED Director Westbroek, SECONDED Director Lefebvre,
that the correspondence from Edwin Grieve of Comox Valley Regional District be
received.
CARRIED
Darren Hird, Telus, re Telus Approval to Locate a
MOVED Director Westbroek, SECONDED Director Lefebvre,
that the correspondence from Darren Hird of Telus be received.
CARRIED
Larry &
MOVED Director Westbroek, SECONDED Director Lefebvre,
that the correspondence from Larry and
CARRIED
BYLAWS
Public Hearing, Third
Report
of the Public Hearing held January 24, 2011 on Bylaw No. 500.365 – Atkinson –
MOVED
Director Young, SECONDED Director Burnett, that the report of the Public
Hearing held January 24, 2011 on “Regional District of Nanaimo Land Use and
Subdivision Amendment Bylaw No 500.365, 2010” be received.
CARRIED
MOVED Director Young, SECONDED Director Burnett, that “Regional
District of
CARRIED
MOVED Director Young, SECONDED Director Burnett, that “Regional
District of
CARRIED
Bylaw
No. 500.357 – Maibach -
MOVED
Director Burnett, SECONDED Director Young, 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 February 8, 2011, be received for information.
CARRIED
PLANNING
AMENDMENT APPLICATIONS
Bylaw No. 500.368 - Supports Zoning Amendment Application No. PL2009-746 – Pilcher & Associates Inc. -
MOVED Director Holme, SECONDED Director Bartram, that Application No. PL2009-746 to rezone the subject property from
Residential 1, Subdivision District `P' to Comprehensive Development (CD43) be
approved subject to the conditions in Schedule No. 1.
CARRIED
MOVED Director Holme, SECONDED Director Bartram, that "Regional District of
CARRIED
MOVED Director Holme, SECONDED Director Bartram, that the public hearing on
"Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No.
500.368, 2011" be delegated to Director Holme or his alternate.
CARRIED
Bylaw No. 1285.16 - Supports
Zoning Amendment Application No. PL2009-054
- Bezaire -
MOVED Director Biggemann, SECONDED Director Bartram,
that the Summary of the Public
Information Meeting held on January 27, 2011 be received.
CARRIED
MOVED Director Biggemann, SECONDED Director Bartram,
that Application No. PL2009-054 to
rezone a portion of the subject property from T-1 (Institutional/Community
Facility 1) and R-3 (Village Residential 3) to C-3 (Commercial 3) be approved
subject to the conditions included in Schedule No. 1.
CARRIED
MOVED Director Biggemann, SECONDED Director Bartram,
that "Regional District of
CARRIED
MOVED Director Biggemann, SECONDED Director Bartram,
that the Public Hearing on
"Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No.
1285.16, 2011" be delegated to Director Biggemann or his alternate.
CARRIED
Bylaws No. 1335.05 & 500.367 – OCP &
Zoning Amendments to Support Development
Permit Application No. PL2010-198 - Fern Road Consulting Ltd.
MOVED Director Bartram, SECONDED Director Holme, that the Summary of the Public Information
Meeting held on November 4, 2010, be received.
CARRIED
MOVED Director Bartram, SECONDED Director Holme, that Application No. PL2010-160 to re-designate
the westerly portion of the subject property from Rural Lands to Resort
Commercial Lands be approved.
CARRIED
MOVED Director Bartram, SECONDED Director Holme, that Application No. PL2010-159 to rezone
portions of the subject property from Rural I (RUID) and Commercial 5 (CM5B) to
Commercial 5 (CM5K) and Comprehensive Development (CD42) be approved.
CARRIED
MOVED Director Bartram, SECONDED Director Holme, that "Regional District of Nanaimo Electoral
Area 'H' Official Community Plan Amendment Bylaw No. 1335.05, 2011", be
introduced and read two times.
CARRIED
MOVED Director Bartram, SECONDED Director Holme, that "Regional District of
CARRIED
MOVED Director Bartram, SECONDED Director Holme, that the Public Hearing on "Regional
District of Nanaimo Electoral Area 'H' Official Community Plan Amendment Bylaw
No. 1335.05, 2011", and "Regional District of Nanaimo Land Use and
Subdivision Amendment Bylaw No. 500.367, 2011", be delegated to Director
Bartram or his alternate.
CARRIED
DEVELOPMENT PERMIT
APPLICATIONS
Development Permit
& Site Specific Application No. PL2011-003
– Fern Road Consulting Ltd. –
MOVED Director Bartram, SECONDED Director Holme, that Development Permit and Site Specific
Exemption Application No. PL2011-003 to permit the construction of a dwelling
unit be approved subject to the conditions outlined in Schedules No. 1- 3.
CARRIED
Development Permit
Application No. PL2011-015 –
Newlands -
MOVED Director Bartram, SECONDED Director Biggemann,
that Development Permit Application No. PL2011-015,
to permit the construction of a main floor addition and an upper loft on an
existing single storey cabin be approved subject to the conditions outlined in
Schedules No. 1 – 2.
CARRIED
DEVELOPMENT PERMIT WITH VARIANCE
APPLICATIONS
Development Permit
with Variance Application No. PL2009-024
– Peter Mason -
MOVED Director Bartram, SECONDED Director Holme, that Development Permit with Variance No. PL2009-024
be approved subject to the conditions outlined in Schedules No. 1- 3.
CARRIED
Development Permit
with Variance Application No. PL2010-100
– Anderson Greenplan Ltd. -
MOVED Director Burnett, SECONDED Director Bartram,
that Development Permit with Variance
Application No. PL2010-100 be approved subject to the conditions outlined in Schedule No. 1.
CARRIED
Development Permit
with Variance Application No. PL2010-206
– Curran -
MOVED Director Holme, SECONDED Director Bartram, that Development Permit with Variance
No. PL2010-206 be approved subject to the conditions outlined in Schedules No. 1 - 2.
CARRIED
Development Permit
with Variance Application No. PL2010-209
– Waring & Milne -
MOVED Director Bartram, SECONDED Director Holme, that Development Permit with Variance Application
No. PL2010-209, to permit the construction of a lower storey on an existing
single storey cabin with a variance to the maximum permitted cabin height be approved
subject to the conditions outlined in
Schedules No. 1 – 2.
CARRIED
Development Permit
with Variance Application No. PL2010-230
– Fern Road Consulting Ltd. – 6224, 6266, 6280 &
MOVED Director Bartram, SECONDED Director Holme,:
That, as the lands are within the Agricultural Land
Reserve, the Board not support the requested variances until such time as the
subdivision is approved by the Agricultural Land Commission or the Provincial
Approving Officer issues Preliminary Layout Approval based on his authority
under the Agricultural Land Commission Regulations; and
That
Development Permit with Variance Application No. PL2010-230 be denied.
CARRIED
DEVELOPMENT VARIANCE PERMIT
APPLICATIONS
Development
Variance Permit Application No. PL2011-011
– Muise – 1638 &
MOVED
Director Burnett, SECONDED Director Bartram, that Development Variance Permit Application No. PL2011-011, to legalize
the siting of a concrete retaining wall, be approved subject to the conditions
outlined in Schedules No. 1- 2.
CARRIED
OTHER
Request for Frontage
Relaxation on Subdivision Application No. PL2010-162 – Fern Road Consulting Ltd. -
MOVED
Director Bartram, SECONDED Director Holme, that the request to relax the minimum 10% perimeter frontage requirement be
approved.
CARRIED
Bylaw No. 1620 – Electoral Area ‘A’ Official Community
Plan.
MOVED Director Burnett, SECONDED Director Young, that "Regional District of
CARRIED
MOVED Director Burnett, SECONDED Director Young, that "Regional District of Nanaimo Electoral
Area 'A' Official Community Plan Bylaw No. 1620, 2011" has been considered
in conjunction with the Regional District of Nanaimo's Financial Plan and
Liquid Waste Management Plan and Regional Growth Strategy to ensure consistency
between them.
CARRIED
MOVED Director Burnett, SECONDED Director Young, that "Regional District of
CARRIED
MOVED Director Burnett, SECONDED Director Young, that the Public Hearing on "Regional District
of
CARRIED
MOVED Director Burnett, SECONDED Director Young, that staff proceed with the recommended public
consultation actions identified in this report.
CARRIED
COMMITTEE OF THE
WHOLE STANDING COMMITTEE
MOVED
Director Lefebvre, SECONDED Director Johnstone, that the minutes of the
Committee of the Whole meeting held February 8, 2011 be received for
information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Laurie Gourlay, Mid
Island Sustainability & Stewardship Initiative, re Drinking Water &
Watershed Protection Snapshot Report, Area ‘A’ OCP and Public Comment.
MOVED Director Holdom, SECONDED Director Ruttan, that the correspondence from Laurie Gourlay of
Mid Island Sustainability and Stewardship Initiative be received.
CARRIED
Geoffrey Macaulay, North Cedar
Improvement District, re Request to Waive
MOVED
Director Holdom, SECONDED Director Ruttan, that the correspondence from the North Cedar Improvement District be received.
CARRIED
Barbara Steele, UBCM, re UBCM Membership.
MOVED
Director Holdom, SECONDED Director Ruttan, that the correspondence from Barbara Steele of UBCM be received.
CARRIED
CORPORATE ADMINISTRATION SERVICES
ADMINISTRATION
2011 Service Area Work Plan Projects.
MOVED Director Bestwick, SECONDED Director Johnstone,
that the Board receive the service area
work plan projects list for 2011 for information.
CARRIED
MOVED Director Bestwick, SECONDED Director Johnstone, that staff provide a report for the Board’s
consideration to include the Cedar Heritage Centre in the workplan as one of
the 2011 Community Works projects due to the need for improving the energy
efficiency of the building by replacing the furnace with an energy efficient
heating and cooling system, installing solar panels for hot water heating and
replacing single pane windows and consider improving other items of the
building that would qualify under reducing the greenhouse gas emissions.
CARRIED
FINANCE AND INFORMATION SERVICES
FINANCE
2011-2015 Financial Plan.
MOVED
Director Westbroek, SECONDED Director Johnstone, that the
Board receive the report on the 2011 budget as amended and the 2011 to 2015
financial plan and direct staff to prepare the financial plan bylaw on that
basis.
CARRIED
2011 Community Works Funds Program.
MOVED Director Burnett, SECONDED Director Bestwick,
that the 2011 Community Works Funds
program attached as Schedule ‘A’ be approved and that staff be authorized to
commence work immediately.
CARRIED
MOVED Director Burnett, SECONDED Director Bestwick,
that the report on the use of Community
Works Funds in 2010 be received for information.
CARRIED
Community Works Funding Agreement.
MOVED
Director Burnett, SECONDED Director Holdom, that this report on amendments to the Community Works Fund Agreement be
received for information.
CARRIED
Bylaw No. 1611 –
Establishes a Call Answer Levy for the District 68 E-911 Call Service.
MOVED
Director Burnett, SECONDED Director Rudischer, that "911 Call Answer Levy Bylaw No. 1611, 2010" be referred
back to staff to consider other billing options.
DEFEATED
MOVED
Director Haime, SECONDED Director Burnett, that “911 Call Answer Levy Bylaw No.
1611, 2011” be referred back to staff for a report on the legal, financial,
operational and safety implications of not implementing the wireless levy.
DEFEATED
Bylaw No. 1625 – Authorizes
Expenditures from the
MOVED Director Holme, SECONDED Director Lefebvre, that "Nanoose Bay Bulk Water Local Service
Area Development Cost Charge Reserve Fund Expenditure Bylaw No. 1625,
2011" be introduced and read three times.
CARRIED
MOVED Director Holme, SECONDED Director Unger, that "Nanoose Bay Bulk Water Local Service
Area Development Cost Charge Reserve Fund Expenditure Bylaw No. 1625,
2011" be adopted.
CARRIED
Policy A2.18 - Contributions to Third Party Events.
MOVED
Director Bartram, SECONDED Director Lefebvre, that the Board approve Policy A2.18 - Contributions to Third Party Events
Policy.
CARRIED
DEVELOPMENT SERVICES
PLANNING
VIHA Grant for
MOVED
Director Lefebvre, SECONDED Director Westbroek, that the RDN Board allocate all of the VIHA funds to the municipalities of
Parksville and Nanaimo, distributed on the basis of population in District 68
and District 69, to support their specific homelessness projects underway that
meet the VIHA criteria of supporting capacity building for homelessness and
that staff bring back a report on how the $100,000 was allocated.
CARRIED
Agricultural Advisory Committee – Attendance of Member
at Workshop.
MOVED
Director Burnett, SECONDED Director Johnstone, that the Board authorize Community AAC member, Joanne McLeod, to attend the
Ministry of Agriculture, Agricultural Advisory Committee Workshop on February
24th, 2011.
CARRIED
Little
MOVED
Director Westbroek, SECONDED Director Bartram, that
this report be received for information.
CARRIED
Proposed Policy – Groundwater Application Requirements
for Rezoning Un-serviced Lands.
MOVED
Director Bartram, SECONDED Director Lefebvre, that the
“Groundwater – Application requirement for rezoning of un-serviced lands”
policy be approved.
CARRIED
REGIONAL
AND COMMUNITY UTILITIES
WASTEWATER & ENGINEERING
Bylaws No. 813.47, 869.08
& 889.59 – Extend the Boundaries of the French Creek and Northern Community
Sewer Services and the Morningstar Streetlighting Service to Include an Area
‘G’ Property (Lot 4 corner of Lowry’s and Wembley Roads).
MOVED Director Bartram, SECONDED Director Westbroek,
that "French Creek Sewerage
Facilities Local Service Boundary Amendment Bylaw No. 813.47. 2011" be
introduced and read three times.
CARRIED
MOVED Director Bartram, SECONDED Director Westbroek,
that "Morningstar Streetlighting
Local Service Area Boundary Amendment Bylaw No. 869.08, 2011" be
introduced and read three times.
CARRIED
MOVED Director Bartram, SECONDED Director Westbroek,
that "Regional District of Nanaimo
Northern Community Sewer Local Service Boundary Amendment Bylaw No. 889.59,
2011" be introduced and read three times
CARRIED
TRANSPORTATION AND SOLID WASTE SERVICES
SOLID WASTE
Program Update –
Regional Residential Food Waste Collection.
MOVED
Director Holme, SECONDED Director Bestwick, that the Board receive the Curbside Collection Program Update Report for
information.
CARRIED
COMMISSION, ADVISORY &
SELECT COMMITTEE
Electoral Area ‘A’ Parks, Recreation
and Culture Commission.
MOVED
Director Burnett, SECONDED Director Young, that the
minutes
of the Electoral Area ‘A’ Parks, Recreation
and Culture Commission meeting
held January 19, 2011 be received for
information.
CARRIED
BUSINESS ARISING FROM
DELEGATIONS OR COMMUNICATIONS
North Cedar Improvement District, re Request to Waive
MOVED
Director Burnett, SECONDED Director Bartram, that the
Regional District of Nanaimo waive the future annual fees of $500.00 that the
North Cedar Improvement District would pay for the Park Use Permit for the
Morden Colliery Community Park lands and that in exchange for the Regional
District of Nanaimo waiving the annual Park Use Permit fee for a water line
crossing and other utility services, the North Cedar Improvement District shall
pay the annual hydro costs at the Morden Colliery Community Park land.
CARRIED
NEW BUSINESS
Electoral Area ‘H’ Parks and Open Space Advisory
Committee.
MOVED
Director Bartram, SECONDED Director Lefebvre, that Josianne Sęguin be appointed to the
Electoral Area ‘H’ Parks & Open Space Advisory Committee and John Keltie be
appointed as the alternate for terms ending December 31, 2011.
CARRIED
SCHEDULED STANDING,
ADVISORY STANDING AND SELECT COMMITTEE REPORTS
Regional
Parks & Trails Advisory Committee.
MOVED
Director Holdom, SECONDED Director Johnstone, that the minutes of the Regional Parks & Trails Advisory
Committee meeting held February 1, 2011 be received for information.
CARRIED
ADMINISTRATOR’S
REPORTS
Bylaw
1319.01 – Amends the Requisition Limit for Area 'B' Port Theatre Contribution
Service.
MOVED Director Rudischer,
SECONDED Director Bartram, that "Electoral Area 'B' Cultural Centre Contribution
Amendment Bylaw No. 1319.01, 2011" be introduced for first three readings
and be forwarded to the Inspector of Municipalities for approval.
CARRIED
MOVED Director Rudischer,
SECONDED Director Bartram, that the 2011 budget be amended to increase the
requisition for the Electoral Area B Cultural Centre service to $25,915,
subject to Bylaw 1319.01 being approved by the Inspector of
Municipalities.
CARRIED
MOVED
Director Rudischer, SECONDED Director Bartram, that the Chief Administrative
Officer and the Senior Manager, Corporate Administration be authorized to enter
into a funding agreement with the Gabriola Island Museum Society.
CARRIED
Bylaws
No. 805.06, 940.04 & 1388.04 – Amend Requisition Limits for Area ‘G’
Community Parks, Area ‘F’ Animal
Control and the Cassidy-Waterloo Fire Protection Services.
MOVED Director Holme,
SECONDED Director Biggemann, that "Electoral Area 'F' Animal Control
Service Amendment Bylaw No. 940.04, 2011" be introduced, read three times
and be forwarded to the Inspector of Municipalities for approval.
CARRIED
MOVED Director Holme,
SECONDED Director Bartram, that "Electoral Area 'G' Community Parks
Service Amendment Bylaw No. 805.06, 2011" be introduced, read three times
and be forwarded to the Inspector of Municipalities for approval.
CARRIED
MOVED Director Holme,
SECONDED Director Sherry, that "Cassidy-Waterloo Fire Protection Service
Amendment Bylaw No. 1388.04, 2011" be introduced, read three times and be
forwarded to the Inspector of Municipalities for approval.
CARRIED
Bylaw
1388.05 – Reduces the Boundary of the Cassidy-Waterloo Fire Protection Service
to Exclude An Area ‘C’ Property (
MOVED Director Westbroek,
SECONDED Director Young, that "Cassidy-Waterloo Fire Protection Service
Amendment Bylaw No. 1388.05, 2011" be introduced and read three read
times.
CARRIED
Request for Acceptance of Revised
MOVED Director Westbroek,
SECONDED Director Bartram, that the Regional District of Nanaimo accepts the
Comox Valley Regional District Regional Growth Strategy.
CARRIED
BUSINESS ARISING
FROM DELEGATIONS OR COMMUNICATIONS
Nuisance Wildlife
Bylaw.
MOVED Director Burnett, SECONDED Director Kipp, that
this issue be referred back to staff for a report that includes the costs for
enforcement.
CARRIED
MOVED Director Holdom, SECONDED Director Johnstone,
that a letter be sent to Telus advising that a new location for the cell tower
be sought and that the location be a minimum of 500 meters away from any school
property.
CARRIED
NEW BUSINESS
BC Hydro Fair
Compensation Resolution.
MOVED Director Bartram, SECONDED Director Rudischer,
that
WHEREAS Crown Corporations are expected to pay their
fair share of property taxes by providing a grant-in-lieu;
AND WHEREAS private utilities pay property taxes to
municipalities and regional districts on property including rights of way for
distribution and transmissions lines, and private utilities and BC Hydro
provide municipalities a 1% tax on gross sales revenues within their
jurisdictions;
THEREFORE BE IT RESOLVED that the AVICC and the UBCM
lobby the Province of British Columbia to explore the taxation of BC Hydro and
implement a fair and equitable method of compensation to all local governments
for the provision of local and regional services.
CARRIED
Mount Arrowsmith
Biosphere.
MOVED Director Bartram, SECONDED Director Lefebvre,
that Director Young be appointed to the Mount Arrowsmith Biosphere committee.
CARRIED
FCM
Award.
Chairperson Stanhope announced that the Regional
District of Nanaimo received an award from the Federation of Canadian
Municipalities – Green Municipal Fund for Zero Waste Program.
Moorecroft Camp.
The Board was advised that the Regional
District of Nanaimo and The Nature Trust of British Columbia will acquire
Moorecroft Camp from BC Conference of the United Church of Canada on March 2,
2011 at a cost of $4.8 million. The historic
Bylaw No. 1611 –
Establishes a Call Answer Levy for the District 68 E-911 Call Service.
MOVED Director Holdom, SECONDED Director Young, that
staff meet with Directors Haime, Burnett, Rudischer, and Young to discuss the legal,
financial, operational and safety implications of not implementing the wireless
call answer levy and the renewal of the District 68 E 911 Call Service
agreement.
CARRIED
ADJOURNMENT
MOVED Director Holme, SECONDED
Director Westbroek, that pursuant to Section 90(1) (c), (g) and (j) of the
Community Charter the Board proceed to an In Camera meeting to consider items
related to personnel, legal and third party business matters.
CARRIED
TIME: 8:43 PM
CHAIRPERSON SR.
MGR., CORPORATE ADMINISTRATION