REGIONAL DISTRICT OF NANAIMO

 

REGULAR BOARD MEETING

TUESDAY, APRIL 24, 2012

7:00 PM

 

(RDN Board Chambers)

 

A G E N D A

PAGES

 

             1.              CALL TO ORDER

 

             2.              DELEGATIONS

 

             3.              BOARD MINUTES

 

8 - 21                           Minutes of the regular Board meeting held March 27, 2012.

 

             4.              BUSINESS ARISING FROM THE MINUTES

 

             5.              COMMUNICATIONS/CORRESPONDENCE

 

             6.              UNFINISHED BUSINESS

 

                              BYLAWS

 

                              THIRD READING

 

22 - 29                          Report of the Public Hearing and 3rd Reading of Bylaw 500.377, 2012 – Deas Lot A, District Lot 19, Newcastle District, Plan 8196, Except Parts in Plans VIP65473 and VIP7554 – 2900 Leon Road, Area ‘H’.  (All Directors Except EA ‘B’ – One Vote).

 

1.      That the report of the Public Hearing held on April 11, 2012, on “Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.377, 2012” be received.

 

2.      That “Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.377, 2012” be given 3rd reading and referred to the Ministry of Transportation and Infrastructure pursuant to the Transportation Act.

 

3.      That the conditions as outlined in Schedule 1, as amended, be secured and/or completed by the applicant to the satisfaction of the Regional District of Nanaimo prior to consideration of adoption of Bylaw No. 500.377, 2012.

 

 

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 adopted.

 

2.      That "Electoral Area 'B' Cultural Centre Contribution Service Amendment Bylaw No. 1318.01, 2012" be adopted.

 

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

              

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

 

5.      That "Electoral Area 'E' Port Theatre Contribution Service Amendment Bylaw No. 1449.01, 2012" be adopted.

                             

                              ADOPTION

 

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 adopted.

 

2.      That “Nanoose Bay Bulk Water Supply Local Service Area Amendment Bylay No. 1049.07, 2012” be adopted.

 

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

 

             7.1            ELECTORAL AREA PLANNING STANDING COMMITTEE

 

30 - 32                          Minutes of the Electoral Area Planning Committee meeting held Tuesday, April 10, 2012 (for information).

 

                              COMMUNICATIONS/CORRESPONDENCE

 

Residents of Pylades Drive and Decourcey Drive, Area ‘A’, re Development Permit with Variance Application No. PL2011-174 (All Directors – One Vote).

 

That the correspondence from the residents of Pylades Drive and Decourcey Drive be received.

 

                             

                             

                              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 Development Permit with Variance Application No. PL2011-163 to permit the construction of a dwelling unit subject to the conditions outlined in Schedules 1 to 4, be approved.

 

Development Permit with Variance Application No. PL2011-174 – C.A. Design – 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).

 

1.      That staff be directed to obtain from the Professional Engineer who prepared the April 5th, 2011 report either a revised report or a confirmation letter detailing the postal address and/or the legal description of the property covered by the report.

 

2.      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 and that these schedules be amended to include both a requirement for re-use of the existing foundation located within the setback from the top of slope and receipt of a written report detailing the potential for mould to develop on the existing foundation and become a matter for concern in the future.

 

                              OTHER

 

Building Strata Conversion Application No. PL2011-053 – Bennett – 70 & 76 Colwell Road Area ‘C’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

That the request from Gary and Pamela Bennett for the Building Strata Conversion (Application No. PL2011-053) as shown on the proposed strata plan of Lot 3, Section 7, Range 4, Cranberry District, Plan VIP67928, be approved subject to the conditions being met as set out in Schedules 1 and 2.

 

 

Subdivision Application No. 3320 30 27850 – Request to Accept Park Land Dedication – Fern Road Consulting Ltd. – 711 Mariner Way, Area ‘G’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

1.      That the request to accept the dedication of park land, as outlined in Schedule 1, be accepted.

 

2.      That the summary of the Public Information Meeting held on December 14, 2011, be received.

 

Amendment Bylaw No. 500.375, 2012 – Zoning Amendment Application No. PL2011-089 – Kitching – 3519 Hallberg Road, Area ‘A’ (Electoral Area Directors except EA ‘B’ – One Vote).

 

1.      That the summary of the Public Information meeting held on February 27, 2012, be received.

 

2.      That "Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.375, 2012", be introduced and read two times.

 

3.      That the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.375, 2012", be delegated to Director McPherson or another Area Director.

 

4.      That the conditions set out in Schedule 1 of the staff report be completed prior to Amendment Bylaw No. 500.375 being considered for adoption.

 

             7.2            COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

33 - 37                          Minutes of the Committee of the Whole meeting held April 10, 2012 (for information).

 

                              COMMUNICATIONS/CORRESPONDENCE

 

                                      Twyla Graff, District of Lantzville, re RDN Drinking Water & Watershed Protection Program (All Directors – One Vote).

 

That the correspondence from the District of Lantzville be received.

 

Jane Peverett, BC Ferry Authority, re Appointments to the BC Ferry Authority Board of Directors (All Directors – One Vote).

 

That the correspondence from the BC Ferry Authority be received.

 

 

 

Diego Marchese, Heart and Stroke Foundation; Scott McDonald, BC Lung Association, re Smoke Free Outdoor Public Places Bylaw (All Directors – One Vote).

 

That the correspondence from the Heart and Stroke Foundation & BC Lung Association be received.

 

                              DEVELOPMENT SERVICES

 

                              BYLAW SERVICES

 

                                      4153 Eld Road, Electoral Area ‘F’ – Unsafe Building (All Directors – One Vote).

 

1.      That the Board declares that the building at 4153 Eld Road, Lot 4, District Lot 11, Plan 33338, Cameron District, creates an unsafe condition pursuant to Section 73(1)(a) of the Community Charter.

 

2.      That the Board directs the Owner of the property, pursuant to Section 72(2)(b) of the Community Charter, to undertake remediation of the building on the subject property within thirty (30) days of service of the attached Resolution or the work will be undertaken by the Regional District of Nanaimo's agents at the Owner's cost.

 

3.      That staff be directed to register a Notice of Bylaw Contravention on the title of the subject property legally described as Lot 4, District Lot 11, Plan 33338, Cameron District, pursuant to Section 57 of the Community Charter.

 

                                      1532 Marine Circle, Electoral Area ‘G’ – Unsightly Premises (All Directors – One Vote).

 

That the Board directs the Owner of the property, to remove from the premises those items as set out in the attached Resolution within thirty (30) days, or the work will be undertaken by the Regional District of Nanaimo's agents at the Owner's cost.

 

                              RECREATION AND PARKS SERVICES

 

                                      Gabriola Island Recreation Services Agreement (All Directors – Weighted Vote).

 

That the Recreation Services Agreement between the Regional District and the Gabriola Recreation Society be approved for the term commencing January 1, 2012 and ending December 31, 2014.

 

 

 

 

 

 

                              REGIONAL AND COMMUNITY UTILITIES

 

                              WASTEWATER

 

                                      Vancouver Island University Woodlot Groundwater Study (All Directors – Weighted Vote).

 

That the Board approve the release of funds from the Southern Community, Northern Community, Nanoose Bay and Duke Point Local Sewer Service Area reserve funds to complete the Vancouver Island University Woodlot Groundwater Study in 2012.

 

                                      Conditional Management Plan for French Creek Pollution Control Centre’s Pump Stations (All Directors – Weighted Vote).

 

That the Board approve a Conditional Management Plan that will allow shellfish harvesting within Conditionally Approved areas adjacent to the Bay Avenue and Hall Road Pump Stations bypasses, effective May 1, 2012 to December 31, 2015.

 

Contract Award for the Preliminary and Detailed Design for the Replacement of the Land Section of the Greater Nanaimo Pollution Control Centre Marine Outfall.

 

                                             (All Directors – Weighted Vote)

                                            

That the Board award the contract for preliminary and detailed design services for the replacement of the land section of the Greater Nanaimo Pollution Control Centre Marine Outfall to AECOM for $150,156.00.

 

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

 

That the Board approve that funds from the Southern Community                        Development Cost Charge Reserve Fund be used for the replacement of the land section of the Greater Nanaimo Pollution Control Centre Marine Outfall.

 

                              ENGINEERING

 

                                      Hall Road Pump Station Upgrade - Detailed Design and Tendering Services.

 

                                             (All Directors – Weighted Vote)

 

That the Board award the detailed design and tendering services for the Hall Road Pump Station Upgrade to Koers & Associates Engineering for the upset price of $71,800.

 

 

 

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

That funds from the Northern Community Development Cost Charge Reserve Fund and the French Creek Operations Reserve Fund be used for this project.

 

                              TRANSPORTATION AND SOLID WASTE SERVICES

 

                              COMMISSION, ADVISORY & SELECT COMMITTEE

 

             7.4            EXECUTIVE STANDING COMMITTEE

 

             7.5            COMMISSIONS

 

             7.6            SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEES

 

             8.              ADMINISTRATOR’S REPORTS

 

38 - 41                          Cruise Ship Shuttle Service – 2012. (All Directors Except EA’s ‘B’ and ‘F’ – Weighted Vote).

 

42 - 46                         Lantzville Inclusion in the Drinking Water Protection Funding - Bylaw 1556.02 (All Directors – One Vote).

 

                                      Cedar Community Policing Office Contribution Service Establishment Bylaw No. 1653 – Alternative Approval Results (All Directors – One Vote). (To Be Circulated)

 

             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)(i) of the Community Charter the Board proceed to an In Camera meeting to consider legal issues.