REGIONAL DISTRICT OF NANAIMO

 

REGULAR BOARD MEETING

TUESDAY, MARCH 27, 2012

(immediately following Regional Hospital District Board meeting)

 

(RDN Board Chambers)

 

A G E N D A

PAGES

 

              1.               CALL TO ORDER

 

              2.               DELEGATIONS

 

14                                   June Ross, Paul Manly, Kate Burns, Rodger Oakley, and Jenny Mcleod, re Proposal for Blue Community designation.

 

              3.               BOARD MINUTES

 

15-26                             Minutes of the regular Board meeting held February 28, 2012, and minutes of the Special Board meeting held Tuesday, March 13, 2012.

 

              4.               BUSINESS ARISING FROM THE MINUTES

 

              5.               COMMUNICATIONS/CORRESPONDENCE

 

              6.               UNFINISHED BUSINESS

 

                                BYLAWS

 

                                FOR ADOPTION

 

Bylaw No. 897.06 – A Bylaw to Include Electoral Area ‘H’ as a Participant in the Northern Community Transit Service (All Directors – One Vote).

 

That "Northern Community Transit Service Amendment Bylaw No. 897.06, 2012" be adopted.

 

                                From the February 28, 2012 Board meeting:

 

                                DEVELOPMENT PERMIT WITH VARIANCE APPLICATIONS

 

27-41                             Development Permit with Variance Application No. PL2011-024 – Kazan Investments Ltd.; Michael J. Hill Ltd.; Douglas E. Hill Ltd. – 883 & 899 Island Highway West, Electoral Area ‘G’ (Electoral Area Directors except EA ‘B’ – One Vote).

                                        Delegations wishing to speak to Development Permit with Variance Application No. PL2011-024 (maximum speaking time 5 minutes).

 

That Development Permit with Variance Application No. PL2011-024 be approved subject to the conditions outlined in Schedule 1.

 

                                OTHER

 

From the January 10, 2012 Electoral Area Planning Committee meeting:

                                       

                                        Request for Relaxation of the Minimum 10% Perimeter Frontage Requirement PL2011-128 – Couverdon Real Estate – Lot 1, Block 586, Nanoose District, Plan EPP4638; and Block 586, Nanoose District, Except That Part Lying to the North East of the North Easterly Boundary of Plan 516RW, Except Part in Plan VIP55875 and EPP4638, Electoral Area ‘E’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

That the request to relax the minimum 10% perimeter frontage requirement for proposed Lots 1 to 5, inclusive, be approved.

 

              7.               STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS

 

              7.1            ELECTORAL AREA PLANNING STANDING COMMITTEE

 

42-45                             Minutes of the Electoral Area Planning Committee meeting held Tuesday, March 13, 2012 (for information).

 

                PLANNING

 

                                DEVELOPMENT PERMIT WITH VARIANCE APPLICATIONS

 

                                Development Permit with Variance Application No. PL2011-163 – Gary Passey and Patricia Broster – Lot 11, District Lot 28, Newcastle District, Plan 22249 – Seaview Drive, Area ‘H’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

                                Delegations wishing to speak to Development Permit with Variance Application No. PL2011-163 (maximum speaking time 5 minutes).

 

That the application be sent back to staff for a 3rd party review of the geotechnical report.

 

Development Permit with Variance Application No. PL2011-174 – C.A. Design – Lot 9, Section 7, Range 6, Cedar District, Plan 9877 – 2550 Pylades Drive, Area ‘A’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

Delegations wishing to speak to Development Permit with Variance Application No. PL2011-174 (maximum speaking time 5 minutes).

That Development Permit with Variance Application No. PL2011-174 to permit the construction of a dwelling unit be approved subject to the conditions outlined in Schedules 1 to 3.

 

Development Permit with Variance Application No. PL2011-189 – Smitty Construction Ltd. – Lot C, District Lot 28, Nanoose District, Plan VIP88844 – 781 Miller Road, Area ‘G’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

Delegations wishing to speak to Development Permit with Variance Application No. PL2011-189 (maximum speaking time 5 minutes).

 

That Development Permit with Variance Application No. PL2011-189 to permit the construction of an accessory building by varying the maximum accessory building be approved subject to the conditions outlined in Schedules 1 to 4.

 

Development Permit with Variance Application No. PL2012-011 – Kruger – Lot 12, District Lot 181, Nanoose District, Plan 15551 – 836 Mariner Way, Area ‘G’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

Delegations wishing to speak to Development Permit with Variance Application No. PL2011-111 (maximum speaking time 5 minutes).

 

That Development Permit with Variance Application No. PL2012-011 to permit the construction of a dwelling unit be approved, subject to the conditions outlined in Schedules 1 to 3.

 

                DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

Development Variance Permit Application No. PL2012-001 – Fern Road Consulting – Strata Lot 8, District Lot 78, Nanoose District, Strata Plan VIS3393 – Together with an interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1 – 3526 Shetland Place, Area ‘E’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

Delegations wishing to speak to Development Permit with Variance Application No. PL2012-001 (maximum speaking time 5 minutes).

 

That Development Variance Permit Application No. PL2012-001 to reduce the minimum required setbacks from the front, interior side and rear lot lines be approved subject to the conditions outlined in Schedule 1.

 

                                OTHER

 

Zoning Amendment Application No. PL2009-040 – Bylaw No. 1285.17 Keith Brown Associates Ltd. – Oceanside Storage Inc. – Lot 28, District Lot 156, Nanoose District, Plan 1964, Except Part in Plan 733 RW – 1270 & 1274 Alberni Highway, Area ‘F’ (Electoral Area Directors except EA ‘B’ – One Vote).

1.       That Zoning Amendment Application No PL2009-040 to rezone the subject properties from Commercial 3 (C-3) and Village Residential (R-3) to CD-18 Alberni Highway Mini Storage be approved subject to the conditions outlined in Schedule 1.

 

2.       That "Regional District of Nanaimo Zoning and Subdivision Amendment Bylaw No. 1285.17, 2012" be introduced and read two times.

 

3.       That the public hearing on "Regional District of Nanaimo Zoning and Subdivision Amendment Bylaw No. 1285.17, 2012" be delegated to Director Fell or another Area Director.

 

Zoning Amendment Application No. PL2011-178, Bylaw No. 500.377, 2012 – Deas – Lot A, District Lot 19, Newcastle District, Plan 8196, Except Parts in Plans VIP65473 and VIP74554 – 2900 Leon Road, Area ‘H’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

1.       That "Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.377, 2012", be introduced and read two times.

 

2.       That the conditions set out in Schedule 1 of the staff report be completed prior to "Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.377, 2012", being considered for adoption.

 

3.       That the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.377, 2012", be delegated to Director Veenhof or another Area Director.

 

Secondary Suites Study and Consultation Process (All Directors – One Vote).

 

That staff be directed to schedule a seminar for Electoral Area Directors prior to the public consultation period.

 

              7.2            COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

46-55                             Minutes of the Committee of the Whole meeting held March 13, 2012. (for information)

 

                                COMMUNICATIONS/CORRESPONDENCE

 

                                        Rosemary Bonanno, Vancouver Island Regional Library, re VIRL Future Facilities Planning Process (All Directors – One Vote).

 

That the correspondence from Vancouver Island Regional Library be received.

                                        Jim Dias, Island Corridor Foundation, re Grant Request (All Directors – One Vote).

 

That the correspondence from Island Corridor Foundation be received.

 

                                CORPORATE ADMINISTRATION SERVICES

 

                                ADMINISTRATION

 

Southern Community Economic Development Service Agreement (All Directors – Weighted Vote).

 

That the Southern Community Economic Development Service Agreement between the Regional District of Nanaimo and the Nanaimo Economic Development Corporation commencing April 1, 2012 and ending March 31, 2022 be approved.

 

                                FINANCE AND INFORMATION SERVICES

 

                                FINANCE

 

                                        Fire Protection Service Agreement – Cranberry Fire Protection District (All Directors – Weighted Vote).

 

That the fire service agreement between the Regional District of Nanaimo and the Cranberry Fire Protection District, commencing January 1, 2012 be approved.

 

Bylaws 1318.01, 1319.02, 1320.02, 1448.02 and 1449.01 – Bylaws to Amend the Port Theatre Contribution Service Requisition Limits. (All Directors – One Vote)

 

1.       That "Electoral Area 'A' Port Theatre Contribution Service Amendment Bylaw No. 1318.01, 2012" be introduced for three readings.

 

2.       That "Electoral Area 'B' Cultural Centre Contribution Service Amendment Bylaw No. 1318.01, 2012" be introduced for three readings.

 

3.       That "Electoral Area 'C' (defined C) Port Theatre Contribution Service Amendment Bylaw No. 1320.02, 2012" be introduced for three readings.

               

4.       That "Electoral Area 'C' (defined D) Port Theatre Contribution Service Amendment Bylaw No. 1448.02, 2012" be introduced for three readings.

 

5.       That "Electoral Area 'E' Port Theatre Contribution Service Amendment Bylaw No. 1449.01, 2012" be introduced for three readings.

 

Port Theatre Society Agreement (All Directors – Weighted Vote).

 

That the Board authorize entering into a contribution agreement with the Port Theatre Society for a five year term commencing January 1, 2012.

 

Operating Results for the Period Ending December 31, 2011 (All Directors – One Vote).

 

That the summary report of financial results for the year ending December 31,                   2011 be received for information.

 

                                        2012 Use of Community Works Program Funds.

 

                                                (All Directors – One Vote)

 

That the report on the use of Community Works Funds in 2011 be received for information.

 

        (All Directors – Weighted Vote)

 

That the 2012 Community Works Funds program attached as Schedule A be approved and that staff be authorized to commence work immediately.

 

2012 Parcel Tax Rate Bylaws 1567.03, 1568.03, 1569.03, 1336.09, 1483.06 and 1657. (All Directors – One Vote / 2/3)

 

1.       That "Water Services Parcel Tax Rates Amendment Bylaw No. 1567.03, 2012" be introduced and read three times.

 

2.       That "Water Services Parcel Tax Rates Amendment Bylaw No. 1567.03, 2012" be adopted.

 

3.        That "Sewer Services Parcel Tax Rates Amendment Bylaw No. 1568.03 2012 be introduced and read three times.

 

4.       That "Sewer Services Parcel Tax Rates Amendment Bylaw No. 1568.03, 2012" be adopted.

 

5.       That "Fire Protection Services Parcel Tax Rates Amendment Bylaw No. 1569.03, 2012" be introduced and read three times.

 

6.       That "Fire Protection Services Parcel Tax Rates Amendment Bylaw No. 1569.03, 2012" be adopted.

 

7.       That "Driftwood Water Supply Service Area Parcel Tax Rate Amendment Bylaw No. 1336.09, 2012" be introduced and read three times.

 

8.       That "Driftwood Water Supply Service Area Parcel Tax Rate Amendment Bylaw No. 1336.09, 2012" be adopted.

 

9.       That "Barclay Crescent Sewer Service Area Parcel Tax Rate Amendment Bylaw No. 1483.06, 2012" be introduced and read three times.

 

10.    That "Barclay Crescent Sewer Service Area Parcel Tax Rate Amendment Bylaw No. 1483.06, 2012" be adopted.

 

11.   That "Northern Community Economic Development Parcel Tax Rates Bylaw No. 1657, 2012" be introduced and read three times.

 

12.   That "Northern Community Economic Development Parcel Tax Rates Bylaw No. 1657, 2012" be adopted.

 

                DEVELOPMENT SERVICES

 

                LONG RANGE PLANNING

 

                                        2011 Statistics Canada Census Information (All Directors – One Vote).

 

                                                That the report on the Statistics Canada 2011 Census be received.

 

CURRENT PLANNING

 

                                      Agricultural Area Plan – Phase 1: Background Report (All Directors – One Vote).

 

That the “Regional District of Nanaimo Agricultural Area Plan Phase 1: Background Report” prepared by Upland Consulting and dated February 17, 2012, be received for information.

 

                                REGIONAL AND COMMUNITY UTILITIES

 

WASTEWATER

 

      Annual Wastewater Treatment Facilities Report – 2011 (All Directors – One Vote).

 

That the Board receive the 2011 Annual Wastewater Treatment Facilities report for information.

 

Bylaws 1623.01 and 1656 – Authorize the Use of Development Cost Charge Funds.

 

(Nanaimo, Lantzville, EA ‘C’ – Weighted Vote / 2/3 Weighted Vote)

 

1.   That "Southern Community Sewer Service Area Development Cost Charge Reserve Fund Expenditure Amendment Bylaw No. 1623.01, 2012" be introduced and read three times.

 

2.   That "Southern Community Sewer Service Area Development Cost Charge Reserve Fund Expenditure Amendment Bylaw No. 1623.01, 2012" be adopted.

 

(Parksville, Qualicum Beach, EA ‘E’, ‘F’, ‘G’, ‘H’ Weighted Vote / 2/3 Weighted Vote)

 

1.     That "Northern Community Sewer Service Area Development Cost Charge Reserve Fund Expenditure Bylaw No. 1656, 2012" be introduced and read three times.

 

2.   That "Northern Community Sewer Service Area Development Cost Charge Reserve Fund Expenditure Bylaw No. 1656, 2012" be adopted.

 

WATER

 

Bylaws 867.06 and 1049.07 – Inclusion of 2020 Seahaven Road into the Nanoose Bay Peninsula Water Service Area.

 

(All Directors – One Vote)

 

1.   That "Nanoose Bay Peninsula Water Service Area Amendment Bylaw No. 867.06, 2012" be introduced and read three times.

 

2.   That "Nanoose Bay Bulk Water Supply Local Service Area Amendment Bylaw No. 1049.07, 2012" be introduced and read three times.

 

                                      Rainwater Management & Water Sustainability Inter-Regional Education Initiative. (All Directors – One Vote)

 

1.   That the Rainwater Management & Watershed Sustainability Inter-Regional Education Initiative as proposed by the Partnership for Water Sustainability in BC be endorsed.

 

2.   That a letter of support be provided for an application by the Comox Valley Regional District for a Gas Tax Fund Capacity-Building Grant to fund the Inter-Regional Education Initiative.

 

3.   That the Board continue to support staff participation in CAVI activities associated with water sustainability.

TRANSPORTATION AND SOLID WASTE SERVICES

 

SOLID WASTE

 

Bylaw 1591.02 - Solid Waste and Recycling Collection Service Rates and Regulations Amendment Bylaw.

 

(All Directors except Nanaimo – Weighted Vote / 2/3 Weighted Vote)

 

1.   That "Solid Waste and Recycling Collection Service Rates and Regulations Amendment Bylaw No. 1591.02, 2012" be introduced and read three times.

 

2.    That "Solid Waste and Recycling Collection Service Rates and Regulations Amendment Bylaw No. 1591.02, 2012" be adopted.

 

                COMMISSION, ADVISORY & SELECT COMMITTEE

 

Electoral Area ‘A’ Parks, Recreation, and Culture Commission (All Directors – One Vote).

 

That the minutes of the Electoral Area ‘A’ Parks, Recreation and Culture Commission meeting held Wednesday, February 15, 2012 be received for information.

 

District 69 Recreation Commission (All Directors – One Vote).

 

That the minutes of the District 69 Recreation Commission meeting held Thursday, February 16, 2012 be received for information.

 

Emergency Management Select Committee (All Directors – One Vote).

 

That the minutes of the Emergency Management Select Committee meeting held Tuesday, February 21, 2012 be received for information.

 

Englishman River Water Service Management Board (All Directors – One Vote)

 

That the minutes of the Englishman River Water Service Management Board meeting held on Wednesday, February 22, 2012 be received for information.

 

                                                     (All Directors – Weighted Vote)

 

That the ERWS Management Board authorize Amendment #1 to the professional services agreement with Associated Engineering (BC) Ltd. to complete the additional full scale ASR investigation for an additional $228,943.

               

 

                BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

 

Nanaimo Marine Rescue Society, re Functional Support for Nanaimo Marine Rescue Society (All Directors – One Vote).

 

    That this request be referred back to staff for a report.

 

Island Corridor Foundation, Request for Permissive Tax Exemption (All Directors – 2/3 Weighted Vote).

 

That the Board authorize financial assistance in the amount of $1,058.56 to the Island Corridor Foundation (ICF) from the 2012 Regional Parks budget to provide funds for the ICF to pay to the City of Nanaimo the outstanding Regional District of Nanaimo taxes and interest payable to the City for 2009.

 

              7.4            EXECUTIVE STANDING COMMITTEE

 

              7.5            COMMISSIONS

 

              7.6            SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEES

 

                                        Agricultural Advisory Committee

 

56-57                             Minutes of the Agricultural Advisory Committee meeting held Friday, February 24, 2012 (for information)

                                       

                                        (All Directors – One Vote)

 

That the Board consider revising the Agricultural Advisory Committee’s Terms of Reference to allow the Committee to review and comment on ALR applications.

 

                                        Liquid Waste Advisory Committee

 

58-62                             Minutes of the Liquid Waste Advisory Committee meeting held Wednesday, February 29, 2012 (for information).

 

                                        Regional Parks and Trails Select Committee

 

63-65                             Minutes of the Regional Parks and Trails Select Committee meeting held Tuesday, March 6, 2012 (for information).

 

                                        (All Directors – One Vote)

 

1.       That the stakeholder workshops on the proposed Regional Parks Development Cost Charges Bylaw 1619 be deferred.

 

2.       That staff be directed to prepare a report on the proposed Regional Parks Development Cost Charges Bylaw 1619 that includes alternative acquisition and capital project funding options and report back to the Regional Parks and Trails Select Committee.

 

                                        Northern Community Economic Development Select Committee

 

66-83                             Minutes of the Northern Community Economic Development Select Committee meeting held Wednesday, March 7, 2012 (for information).

 

                                                (Parksville, Qualicum Beach, EA’s ‘E,’ ‘F,’ ‘G,’ & ‘H’ – Weighted Vote)

 

1.       That the Northern Community Economic Development Program Guide be approved as amended.

 

2.       That recipients of funding provide a presentation to the Northern Community Economic Development Select Committee at project completion or 12 months after receiving funding, whichever is earlier.

 

3.       That staff notify the Parksville Chamber of Commerce that in order to be considered for funding the Application Form in the Program Guide must be submitted.

 

4.       That staff notify INFILM, Vancouver Island North Film Commission that in order to be considered for funding the Application Form in the Program Guide must be submitted.

 

                                        District 69 Recreation Commission

 

84-87                             Minutes of the District 69 Recreation Commission meeting held Thursday, March 8, 2012 (for information).

 

                                                (Parksville, Qualicum Beach, EA’s ‘E,’ ‘F,’ ‘G,’ & ‘H’ – Weighted Vote)

 

1.       That the following District 69 Recreation Youth Grants be approved:

 

Arrowsmith Community Enhancement Society- youth sports and arts

$ 1,090

893 Beaufort Squadron Air Cadets - program expenses

$ 1,500

Ballenas Secondary School - Girls' Resilience Program

$ 880

District 69 Minor Softball- equipment and uniforms

$ 2,000

Oceanside Baseball Association - equipment

$ 1,500

Ravensong Waterdancers Synchro Club - pool rental

$ 500

 

 

2.       That the following District 69 Recreation Community Grants be approved:

Arrowsmith Community Enhancement Society - Community Music Committee Band in the Box

$ 743

Bowser Tennis Club - court cleaning

$ 1,000

Errington Coop Preschool - supplies and equipment

$ 1,200

Errington Therapeutic Riding Association - program expenses horses and arena

$ 1,100

Nanoose Place Children's Playgroup - sports equipment

$ 1,200

Oceanside Building Learning Together - Dad's Night Out skating program

$ 349

Parksville Adult Badminton - facility rental and insurance

$ 1,250

Vancouver Island Opera- room rental and advertising

$ 1,210

                                        Fire Services Advisory Committee

 

88-91                             Minutes of the Fire Services Advisory Committee meeting held Thursday, March 15, 2012 (for information).

 

(All Directors – One Vote)

 

1.       That the societies be advised of their requirements to ensure that they are meeting the rules under the Income Tax Act with respect to calculating and reporting taxable benefits for the personal use of fire fighting vehicles.

 

2.       That the addendum attached to the report which clarifies that the operating Society is the “carrier” as defined under the Motor Vehicle Act be approved and forwarded to each Society for their approval.

 

3.       That a working group consisting of the Fire and/or Deputy Fire Chiefs of each fire department and designated Regional District staff be established to document responses or recommendations regarding the Fire Services Act Discussion paper.

 

4.       That the regulatory bylaw template be reviewed by each fire department and feedback be provided to the General Manager, Finance & Information.

 

5.       That Fire Chiefs and designated Regional District staff meet to finalize recommendations on the burning bylaw template attached to the report.

 

              8.               ADMINISTRATOR’S REPORTS

 

92-96                             Bylaw No. 1658 – 2012 to 2016 financial plan final amendments (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)(c), 90(1)(e), and 90(1)(i) of the Community Charter the Board proceed to an In Camera meeting to consider personnel, land, and legal issues.