REGIONAL DISTRICT OF NANAIMO
BOARD MEETING
TUESDAY, JULY 8, 2003
7:00 PM
(RDN Board Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

    1. DELEGATIONS

3. BOARD MINUTES

12-21 Minutes of the Board meeting held on June 10, 2003.

4. BUSINESS ARISING FROM THE MINUTES

5. COMMUNICATIONS/CORRESPONDENCE

22-24 Ted Armstrong, Cariboo Regional District, re Province Wide Strategy for Management of Invasive Plants.

    1. UNFINISHED BUSINESS
    2. BYLAWS

      Third Reading & Adoption.

      25-28 Bylaw No. 500.293 – Land Use & Subdivision Bylaw Amendment - Fern Road Consulting Ltd. on behalf of Paul Sarkozy – Wembley Road – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

      For Adoption.

      Bylaw No. 869.03 – Morningstar Streetlighting LSA Requisition Limit Amendment. (All Directors – One Vote)

      Bylaw No. 869.04 – Morningstar Streetlighting LSA Boundary Amendment. (All Directors – One Vote)

      Bylaw No. 975.27 - Pump & Haul LSA Amendment: 1655 Whalebone Drive – Gallagher – Area B; 3371 Blueback Drive – Andrews – Area E; 3480 Tyee Crescent – Dance – Area E. (All Directors – One Vote)

      Bylaw No. 1301 - Driftwood Water Supply Security Issuing Bylaw. (All Directors – Weighted Vote)

      Bylaw No. 1354 – Englishman River Community Water Supply Service Area Establishment. (All Directors – One Vote)

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

7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE

29-31 Minutes of the Electoral Area Planning Committee meeting held June 24, 2003. (for information)

PLANNING

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 60325 – Brooks – 3352 Rockhampton –Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

That Development Permit Application No. 60325, submitted by Fern Road Consulting, Agent, on behalf of Peter Brooks and Patricia Brooks, to permit the construction of a single dwelling unit and associated retaining walls within a Residential 1 (RS1) zone by varying the minimum permitted setbacks to the front lot line and interior side lot lines subject to the conditions outlined in Schedule No. 1 and the siting as illustrated in Schedule No. 2, for the property legally described as Lot 17, District Lot 30, Nanoose District, Plan VIP57407, be approved, subject to notification procedures pursuant to the Local Government Act.

DP Application No. 60326 – Pinneo – 3500 Berton Road – Area D. (Electoral Area Directors except EA ‘B’ – One Vote)

That Development Permit No. 60326 submitted by Ron and Mern Pinneo to legalize the siting of two accessory structures within the Environmentally Sensitive Areas Development Permit Area and to vary the western interior side lot line from 8.0 metres to 6.9 metres to accommodate the 71.5 m2 accessory structure on the property legally described as Strata Lot A, Section 16, Range 3, Mountain District, Strata Plan VIS5167 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form V, be approved as recommended by staff, subject to the conditions outlined in Schedules No. 1, 2 and 3 and subject to the notification process pursuant to the Local Government Act.

DP Application No. 60327 – McKinnon – 2377 Higginson Road – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

That Development Permit Application No. 60327 to construct a shoreline protection device in the form of the retaining wall for the property legally described as Lot 8, District Lot 102, Nanoose District, Plan 21022 be approved, subject to the conditions outlined in Schedule Nos. 1, 2, 3 and 4 of the corresponding staff report and to the notification procedure subject to the Local Government Act with respect to the proposed variances to Bylaw No. 500, 1987.

DP Application No. 60330 – Marshall – 1117 Surfside Drive – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That Development Permit Application No. 60330, submitted by Maureen Greta Marshall for the property legally described as Lot A of District Lots 9, 11 and 110, and part of the bed of the Strait of Georgia and of parts of the bed of the Little Qualicum River, Newcastle District, Plan 27752 to allow for the construction of an addition to the existing dwelling unit be approved subject to the conditions outlined in Schedule No. 1 and as shown on Schedules No. 2 and 3.

DP Application No. 60331 – Wiens – 1355 Marina Way – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

That Development Permit Application No. 60331 submitted by Stephen Wiens and Pamela Wiens, to legalize the siting of an existing detached deck within the leave strip of the Watercourse Development Permit Area and to allow the reconstruction and partial enclosure of the attached middle and lower decks to the existing dwelling unit within the minimum interior side setback area on the property legally described as Lot 26, Block A, District Lot 38, Nanoose Land District, Plan 10777 be approved, subject to the conditions outlined in Schedules 1, 2, 3 and 4 and the notification requirements pursuant to the Local Government Act.

DP Application No. 60332 – Yorke/Turner – 1435 Private Road – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That Development Application No. 60332 to vary the maximum height requirements of the Residential 2 (RS2) zone from 8.0 metres to 8.3 metres, and to recognize the siting of a concrete retaining wall, patio, steps and hot tub located a minimum of 5.3 metres from the natural boundary of the sea, within an Environmentally Sensitive Area and Natural Hazard Development Permit Area on the property legally described as Lot 1, District Lot 80, Newcastle District, Plan 15785, be approved subject to the requirements outlined in Schedule Nos. 1, 2, 3 and 4 and subject to notification requirements pursuant to the Local Government Act.

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 90313 – Alexander – 5093 Seaview Drive – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

Applications wishing to speak to Application No. 90313.

That Development Variance Permit Application No. 90313, submitted by Kathryn Alexander, to legalize the existing rip rap retaining wall within a Residential 2 (RS2) zone by varying the minimum permitted setback to an interior side lot line from 2.0 metres to 0.0 metres, and to a watercourse from 18.0 metres horizontal distance from a stream centerline to 0.0 metres, for the property legally described as Lot 4, District Lot 28, Newcastle District, Plan 22249, be approved subject to notification procedures pursuant to the Local Government Act and subject to the conditions outlined in Schedule No. 1.

7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE

32-41 Minutes of the regular Committee of the Whole meeting held June 24, 2003 and the Electoral Area Director Seminar held June 10, 2003. (for information)

COMMUNICATIONS/CORRESPONDENCE

Mary Smith, City of Nanaimo, re 2006 BC Seniors Games – Letter of Endorsement. (All Directors – One Vote)

That the correspondence from the City of Nanaimo with respect to the 2006 BC Seniors Games be received.

That the RDN prepare a letter of intent supporting a bid for the 2005 or 2006 BC Seniors Games and that the supporting letter for the bid may take the form of either a joint application or be submitted individually on behalf of the City of Nanaimo and District 69.

Alan Andison, Environmental Appeal Board, re RDN et al v. August 19, 2002 Issuance of a Sewage Permit for Lot 11, Plan 1964, Nanoose District (Church & Valley Road Subdivision). (All Directors – One Vote)

That the correspondence from the Environmental Appeal Board with respect to the decision of the Board (Church & Valley Road Subdivision), be received.

David Emerson, BC Ferry Authority, re Nominations for Directors of BC Ferry Authority. (All Directors – One Vote)

That the correspondence from the BC Ferry Authority with respect to nominations for Directors to the BC Ferry Authority, be received.

That staff be instructed to advertise for qualified individuals interested in an appointment to the BC Ferry Authority Board of Directors.

COMMUNITY SERVICES

RECREATION AND PARKS

Park Land Acquisition Reserve Fund Expenditure Bylaw No. 1355.

(All Directors – Weighted Vote)

That "Electoral Area ‘G’ Park Land Acquisition Reserve Fund Expenditure Bylaw No. 1355, 2003" be introduced and given three readings.

(All Directors – 2/3)

That "Electoral Area ‘G’ Park Land Acquisition Reserve Fund Expenditure Bylaw No. 1355, 2003", having received three readings, be adopted.

Official Regional Park Plan Designation Amendment Bylaw No. 921.02. (All Directors – One Vote)

That the "Official Regional Park Plan Designation Amendment Bylaw No. 921.02, 2003" be given three readings and forwarded to the Minister of Water, Air and Land Protection for approval.

Development Permit Applications for Electoral Area ‘B’ – Ministry of Transportation Access to Water Sites. (All Directors – One Vote)

That the Regional District apply to the Ministry of Transportation for permits to develop two beach accesses in Electoral Area ‘B’ at Descanso Bay Road and The Strand and that staff be directed to request the Ministry of Transportation deal with encroachment issues at three other sites on Gabriola, identified on the Access to Water Sites map as Nos. 27, 38 and 52.

Development Permit Applications for Electoral Area ‘H’ – Ministry of Transportation Access to Water Sites. (All Directors – One Vote)

That the Regional District apply to the Ministry of Transportation for permits to develop three beach accesses in Electoral Area ‘H’ at Shoreline Drive, Buccaneer Beach Road and Crane Road.

CORPORATE SERVICES

ADMINISTRATION

Vancouver Island Health Authority – Memorandum of Understanding. (All Directors – Weighted Vote)

That the Memorandum of Understanding between the Vancouver Island Health Authority and the six regional hospital districts be approved.

FINANCE

2002 Financial Information. (All Directors – One Vote)

That the 2002 Financial Information Act report be received and approved.

Annual Report of Directors’ and Committee Members’ Remuneration & Expenses. (All Directors – One Vote)

That the 2002 report on remuneration and expenses for Board and committee members be received.

SPECIAL EVENT/SPECIAL OCCASION APPLICATIONS

Status Reports. (All Directors – One Vote)

That the Special Event/Special Occasion application status reports be received for information.

DEVELOPMENT SERVICES

BUILDING INSPECTION

Section 700 Filings. (All Directors – One Vote)

That a notice be filed against the titles of the properties listed, pursuant to Section 700 of the Local Government Act and that if the infractions are not rectified within ninety (90) days, legal action may be pursued:

(a) Lot 3, Section 19, Range 2, Plan VIP67150, Cedar Land District, 1370 Kurtis Crescent, Electoral Area ‘A’, owned by R. and E. Andrew;

(b) Lot A, Plan 35426, Cranberry Land District, 2170 Bramley Road, Electoral Area ‘A’, owned by D. Randle;

(c) Lot 7, Block 11, Section 12, Range 2, Plan 716, Cranberry District, 2139 Bramley Road, Electoral Area ‘A’, owned by K. Vanderberg;

(d) Lot 3, Section 4, Gabriola Island, Plan 16716, Nanaimo Land District, 1802 Stalker Road, Electoral Area ‘B’, owned by J. Bishop;

(e) Lot 1, Sections 18 and 23, Plan VIP51655, Nanaimo Land District, 695 Horseshoe Way, owned by L. Stark and W. Jacques.

ENVIRONMENTAL SERVICES

LIQUID WASTE

Ministry of Health Amendment to the Sewage Disposal Regulation. (All Directors – One Vote)

That the report on the Ministry of Health’s draft Sewage Regulation be received and that staff be directed to send a letter to the Ministry of Health that states that any new standards created under the new regulation be done in a manner that provides maximum long-term protection of the region’s drinking water resources and other sensitive environments and that regulations be in place for mandatory inspection of sewage systems on the sale of a house and mandatory sewage system inspection of all residences every three years.

That staff monitor the impacts of new legislation with respect to implications on the subdivision approval process and building inspection.

Pump and Haul LSA Amendment Bylaw No. 975.29. (All Directors – One Vote)

That "Regional District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No. 975.29, 2003" for the inclusion of 3037 Park Place, Nanoose Bay (Motta) be read three times and forwarded to the Inspector of Municipalities for approval.

UTILITIES

Outdoor Water Use Restrictions – Bylaws No. 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349 and 1350 – Ticket Information Utilization Bylaw No. 873.01.

(All Directors – One Vote)

That the motions be amended to replace the penalty commencement date of September 30, 2003 in all bylaws with a penalty commencement date of August 15, 2003.

(All Directors – 2/3)

1. That "Regional District of Nanaimo San Pareil Water Use Restrictions Bylaw No. 1340, 2003" be introduced for first three readings.

2. That "Regional District of Nanaimo San Pareil Water Use Restrictions Bylaw No. 1340, 2003" having received three readings, be adopted.

3. That "Regional District of Nanaimo Driftwood Water Use Restrictions Bylaw No. 1341, 2003" be introduced for first three readings.

4. That "Regional District of Nanaimo Driftwood Water Use Restrictions Bylaw No. 1341, 2003" having received three readings, be adopted.

5. That "Regional District of Nanaimo Decourcey Water Use Restrictions Bylaw No. 1342, 2003" be introduced for first three readings.

6. That "Regional District of Nanaimo Decourcey Water Use Restrictions Bylaw No. 1342, 2003" having received three readings, be adopted.

7. That "Regional District of Nanaimo French Creek Water Use Restrictions Bylaw No. 1343, 2003" be introduced for first three readings.

8. That "Regional District of Nanaimo French Creek Water Use Restrictions Bylaw No. 1343, 2003" having received three readings, be adopted.

9. That "Regional District of Nanaimo Madrona Water Use Restrictions Bylaw No. 1344, 2003" be introduced for first three readings.

10. That "Regional District of Nanaimo Madrona Water Use Restrictions Bylaw No. 1344, 2003" having received three readings, be adopted.

11. That "Regional District of Nanaimo Nanoose Water Use Restrictions Bylaw No. 1345, 2003" be introduced for first three readings.

12. That "Regional District of Nanaimo Nanoose Water Use Restrictions Bylaw No. 1345, 2003" having received three readings, be adopted.

13. That "Regional District of Nanaimo Surfside Water Use Restrictions Bylaw No. 1346, 2003" be introduced for first three readings.

14. That "Regional District of Nanaimo Surfside Water Use Restrictions Bylaw No. 1346, 2003" having received three readings, be adopted.

15. That "Regional District of Nanaimo Wall Beach Water Use Restrictions Bylaw No. 1347, 2003" be introduced for first three readings.

16. That "Regional District of Nanaimo Wall Beach Water Use Restrictions Bylaw No. 1347, 2003" having received three readings, be adopted.

17. That "Regional District of Nanaimo West Bay Water Use Restrictions Bylaw No. 1348, 2003" be introduced for first three readings.

18. That "Regional District of Nanaimo West Bay Water Use Restrictions Bylaw No. 1348, 2003" having received three readings, be adopted.

19. That "Regional District of Nanaimo Fairwinds Water Use Restrictions Bylaw No. 1349, 2003" be introduced for first three readings.

20. That "Regional District of Nanaimo Fairwinds Water Use Restrictions Bylaw No. 1349, 2003" having received three readings, be adopted.

21. That "Regional District of Nanaimo Arbutus Park Water Use Restrictions Bylaw No. 1350, 2003" be introduced for first three readings.

22. That "Regional District of Nanaimo Arbutus Park Water Use Restrictions Bylaw No. 1350, 2003" having received three readings, be adopted.

23. That "Regional District of Nanaimo Ticket Information Utilization Amendment Bylaw No. 873.01, 2003" be introduced for first three readings.

24. That "Regional District of Nanaimo Ticket Information Utilization Amendment Bylaw No. 873.01, 2003" having received three readings, be adopted.

Policy on Water Bill Reduction Due to Leaks in Service Lines. (All Directors – One Vote)

That an Adjustment for Water Leak Policy providing for one adjustment in billing every five years on the main service line from the meter to the residence or building, be approved.

French Creek Water LSA Advisory Committee – Terms of Reference. (All Directors – One Vote)

That the Board approve the Terms of Reference for the French Creek Water Local Service Area Advisory Committee.

That the Board direct staff to advertise for applications for membership on the committee for Board review and selection.

COMMISSION, ADVISORY & SELECT COMMITTEE

Restructure Committee – Remainder of Electoral Area ‘D’.

(All Directors – One Vote)

That the minutes of the Restructure Committee for the Remainder of Electoral Area ‘D’ meetings held March 24, April 14 and May 5, 2003, be received for information.

That two public meetings be held, one in each Electoral Area, and that a newsletter be sent out to the residents of Electoral Areas C and D for the purpose of obtaining the residents’ opinions on the option of either combining Electoral Areas C and D, or of retaining separate Electoral Areas, and that funds from the Public Consultation budget be used for this purpose.

That the Regional District of Nanaimo seek financial support from the Ministry of Community, Aboriginal and Women’s Services for costs incurred during the public consultation process.

Electoral Area ‘A’ Parks & Green Spaces Advisory Committee. (All Directors – One Vote)

That the minutes of the Electoral Area ‘A’ Parks & Green Spaces Advisory Committee meeting held May 15, 2003 be received for information.

Electoral Area ‘G’ Parks & Open Space Advisory Committee. (All Directors – One Vote)

That the minutes of the Electoral Area ‘G’ Parks & Open Space Advisory Committee meeting held March 13, 2003, be received for information.

District 69 Recreation Commission.

(All Directors – One Vote)

That the minutes of the District 69 Recreation Commission meeting held June 12, 2003, be received for information.

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

That the fees and charges for Oceanside Place for September 2003 to August 2004, be approved in Appendix A.

(All Directors – Weighted Vote)

That the Regional District enter into a five-year Lease Agreement with the City of Parksville for the lands on which the District 69 Arena is located for a term from June 1, 2003 to May 31, 2008.

(All Directors – Weighted Vote)

That the Management Services Agreement with RG Facilities (Parksville) Ltd. for the provision of commercial events and trade shows at Oceanside Place, for a three-year term commencing on September 1, 2003 and ending on August 31, 2006, be approved.

Transit Business Plan Update Select Committee. (Nanaimo, Parksville, Qualicum Beach, EA’s ‘A’, ‘D’, ‘E’, ‘G’, ‘H’ – Weighted Vote)

That the minutes of the Transit Business Plan Update Select Committee meeting held June 12, 2003 be received for information.

That the Transit Business Plan Update 2003-5 Final Report be approved as a guiding document for Transit service delivery, planning and budgeting.

That a letter be forwarded to School District 68 and School District 69 requesting that consideration be given to the integration of transportation services with Regional Transit where feasible.

That the Transit Business Plan Update Select Committee be requested to consider the placement of appropriate signage on transit buses to inform the public of the cost per ride on our transit system.

NEW BUSINESS

Vancouver Island Generation Project – P. Bibby. (All Directors – One Vote)

That staff be directed to invite the proponents of the Vancouver Island Generation Project, the NorskeCanada proposal and the Terasen proposal to the next available meeting of the Committee of the Whole or the RDN Board to present on the details of their proposals and on the larger issue of energy needs for Vancouver Island, and that the invitation also be extended to the BC Utilities Commission.

That staff be instructed to prepare a report which would provide a base level of information prior to presentation by the Vancouver Island Generation Project proponents which would address the following concerns:

    1. Do we need more energy?
    2. If so, is this the project to provide it?
    3. What is the environmental impact of the proposal?
    4. Concerns with reliability of gas supply and pricing.

Hogweed – J. Stanhope. (All Directors – One Vote)

That the Ministry of Agriculture be requested to add hogweed to their toxic vegetation list.

7.3 EXECUTIVE STANDING COMMITTEE

7.4 COMMISSIONS

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

42-45 Minutes of the Community Policing Select Committee held June 4 and June 16, 2003. (for information)

    1. ADMINISTRATOR’S REPORT
    2. 46-47 District of Lantzville Agreements. (All Directors – Weighted Vote)

    3. ADDENDUM
    4. BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

11. NEW BUSINESS

Presentation from City of Parksville – Randy Longmuir.

12. BOARD INFORMATION (Separate enclosure on blue paper)

    1. ADJOURNMENT

14. IN CAMERA

That pursuant to section 242.2(1)(b) of the Local Government Act the Board proceed to an In Camera meeting to consider personal information about an individual being considered for a municipal honour.