REGIONAL DISTRICT OF NANAIMO

 

REGULAR BOARD MEETING

TUESDAY, SEPTEMBER 30, 2008

7:00 PM

 

(RDN Board Chambers)

 

 

A G E N D A

 

 

PAGES

 

          1.           CALL TO ORDER

 

          2.           DELEGATIONS

 

                              Bruce Halliday & Jim Whiteaker, re Port Theatre Annual Update.

 

          3.           BOARD MINUTES

 

7-17                        Minutes of the Regular Board meeting held August 26, 2008 and Special Board meeting held September 9, 2008.

 

          4.           BUSINESS ARISING FROM THE MINUTES

 

          5.           COMMUNICATIONS/CORRESPONDENCE

 

18                           Warren Jones, Cowichan Valley Regional District, re Yellowpoint/Waterloo Fire Protection Services Agreement.

 

19                           Jim McDonald, re Development Variance Permit Application No. 90812 – 5093 Seaview Drive – Area ‘H’.

 

20                           Linda McCann, re Development Variance Permit Application No. 90812 – 5093 Seaview Drive – Area ‘H’.

 

          6.           UNFINSIHED BUSINESS

 

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

 

          7.1         ELECTORAL AREA PLANNING STANDING COMMITTEE

 

21-23                      Minutes of the Electoral Area Planning Committee meeting held September 9, 2008. (for information)

                        PLANNING

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                              Development Permit Application No. 60828 and Request for Cash-in-Lieu of Park Land – Marshall – 6614/6618 Island Highway West – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That Development Permit Application No. 60828 submitted by Steve Marshall and Donna Marshall, in conjunction with the subdivision of the parcel legally described as Lot 2, District Lot 85, Newcastle District, Plan 6267, except Plan 19744 and designated within the Environmentally Sensitive Features Development Permit Area pursuant to OCP Bylaw No. 1335, 2003, be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

2.      That the applicant be required to pay Cash-In-Lieu of park land pursuant to section 941 of the Local Government Act

 

                              Development Permit Application No. 60830 – Delesalle – 121 Kinkade Road – Area ‘G’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That Development Permit with Variance Application No. 60830, to permit the construction of a single residential dwelling and attached garage with a maximum height of 8.81 metres on the property legally described as Lot 1, District Lot 10, Newcastle District, Plan 22939, be approved subject to the conditions outlined in Schedules No. 1 to 3 and the notification requirements of the Local Government Act.

 

                              Development Permit Application No. 60831 and Request for Frontage Relaxation – Whitta – 2545 Edwards Road – Area ‘E’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That Development Permit with Variance Application No. 60831 be approved subject to the conditions outlined in Schedules No. 1 to 4 of the corresponding staff report and the notification requirements of the Local Government Act.

 

2.      That the request for relaxation of the minimum 10% frontage requirement for the parent parcel be approved

 

                              Development Permit Application No. 60835 and Request for Frontage Relaxation – Atkinson – Jameson Road – Area ‘C’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That Development Permit Application No. 60835 submitted by Steven Atkinson and Janet Atkinson, as part of a 2-lot subdivision proposal on the property legally described as Lot C, Section 12, Range 4, Mountain District, Plan VIP68030 and designated within the Fish Habitat Protection Development Permit Area pursuant to the “East Wellington – Pleasant Valley Official Community Plan Bylaw No. 1055, 1997”, be approved with the following exception to Schedule No. 1, to delete No. 5 – Demarcation of SPEA and 30 metre Setback Area, items ‘a’, ‘b’ and ‘c’ and replace with a requirement for one sign complete with the wording explaining the riparian area.

 

2.      That the request to relax the minimum 10% perimeter frontage requirement of proposed lots 1 and 2 as shown on Schedule No. 2 be approved

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

                              Development Variance Permit Application No. 90811 – Phillips – 1999 Woodridge – Area ‘A’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                              Delegations wishing to speak to Development Variance Permit Application No. 90811.

 

                                    That Development Variance Permit Application No. 90811, to permit the construction of a residential accessory building located at Lot 20, Sections 16 & 17, Range 8, Cranberry District, Plan VIP80144 be approved subject to the conditions outlined in Schedules No. 1 to 3 and notification requirements of the Local Government Act.

 

                              Development Variance Permit Application No. 90812 – Alexander/Christo Kuun Design & Construction Ltd. – 5093 Seaview Drive – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                              Delegations wishing to speak to Development Variance Permit Application No. 90812.

 

                                    That Development Variance Permit Application No. 90812 submitted by Christo Kuun Design & Construction Ltd. for the property legally described as Lot 4, District Lot 28, Newcastle District, Plan 22249, be approved subject to Schedules No. 1 to 3 of the staff report and the notification requirements pursuant to the Local Government Act.

 

          7.2         COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

24-26                      Minutes of the Committee of the Whole meeting held September 9, 2008. (for information)

 

                        FINANCE AND INFORMATION SERVICES

 

                        FINANCE

 

                              2009 to 2013 Financial Plan Schedule. (All Directors – One Vote)

 

                                    That the proposed 2009 financial plan review schedule be approved as outlined.

 

                              Request from Municipal Pension Retirees’ Association – Municipal Pension Plan Contributions and Member Benefits. (All Directors – One Vote)

 

                                    That the background report regarding the Municipal Pension Retirees Association request for additional financial support for group health benefits be received.

 

 

                              Nanoose Bay Firehall – Final Seismic Review Report. (All Directors – One Vote)

 

1.      That this report on the final seismic review of the Nanoose Bay Firehall be received.

 

2.      That staff continue to work with the firm of Johnston, Davidson Architecture Inc. to design a replacement firehall following the Regional District’s Green Building Policy.

 

                                    (All Directors – Weighted Vote)

 

3.      That an amount of $100,965 be released from the Nanoose Bay Fire Protection Service building reserve fund to cover cost as outlined in this report.

 

                        DEVELOPMENT SERVICES

 

                        BUILDING & BYLAW

 

                              Notice of Bylaw Contravention – 1628 Murdoch Road – Area ‘A’. (All Directors – One Vote)

 

                              Delegations wishing to speak to Bylaw Contravention at 1628 Murdoch Road – Area ‘A’.

 

                                    That staff be directed to register a Notice of Bylaw Contravention on title pursuant to Section 57 of the Community Charter and that legal action be taken if necessary to ensure Lot 4, Section 16, Range 5, Plan 14877, Cedar District, is in compliance with the “Regional District of Nanaimo Building Regulation & Fees Bylaw No. 1250, 2001”.

 

                              Notice of Bylaw Contravention - #251 2464 Apollo Road – Area ‘E’. (All Directors – One Vote)

 

                              Delegations wishing to speak to Bylaw Contravention at #251 2464 Apollo Road – Area ‘E’.

 

                                    That staff be directed to register a Notice of Bylaw Contravention on title pursuant to Section 57 of the Community Charter and should the outstanding bylaw contraventions not be resolved within ninety (90) days, that legal action be pursued to ensure Lot 1, District Lot 6, Plan 22814, except that part in Plan 23588, Nanoose District, is in compliance with the “Regional District of Nanaimo Building Regulation & Fees Bylaw No. 1250, 2001”.

                        TRANSPORTATION AND SOLID WASTE SERVICES

 

                        SOLID WASTE

 

                              Residential Food Waste Collection Program Approval. (All Directors – One Vote)

 

                                    That the Board approve the addition of food waste to the upcoming tender for the RDN Garbage Collection & Recycling Service and continue the collection of food waste on Route 52 in Electoral Area ‘A’.

 

                        Plebiscite on Open Burning Restrictions – Area ‘E’. (All Directors – One Vote)

 

                                    That the Regional District ask the following plebiscite question to gauge public opinion on November 15, 2008 in Electoral Area ‘E’ on the issue of backyard burning restrictions and that the plebiscite question be as follows:

 

                                    “Are you in favour of burning restrictions in Electoral Area E?”

 

          7.3         EXECUTIVE STANDING COMMITTEE

 

          7.4         COMMISSIONS

 

                              Electoral Area ‘A’ Recreation and Culture Commission.

 

27-34                      Minutes of the Electoral Area ‘A’ Recreation and Culture Commission meeting held September 10, 2008. (for information)

 

                              Electoral Area ‘A’ Recreation and Culture Service Delivery Options. (All Directors – One Vote)

 

                                    That the Regional District pursue a service agreement with School District #68 (Nanaimo - Ladysmith) for the provision of recreation and cultural services in Electoral Area ‘A’, and that a draft agreement be completed by January 2009 for consideration by the Commission and Regional Board.

 

          7.5         SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

                              Selection Committee Appointments (Verbal). (All Directors – One Vote)

 

          8.           ADMINISTRATOR’S REPORTS

 

35-37                      SepticSmart Education Program – Progress Report. (All Directors – One Vote)

 

38-44                      Pump and Haul Amendment Bylaw No. 975.49 – Amended at Third Reading 4571 Maple Guard Drive Area ‘H’.

 

45-46                      Southern Community Search & Rescue Contribution Bylaw No. 1552. (All Directors – One Vote)

 

                              Results of Elector Response Opportunity for Boundary Changes to the Yellowpoint/Waterloo Fire Protection Service. (All Directors – One Vote) (to be circulated)

 

47-48                      Results of Elector Response Opportunity to Amend the Borrowing Authority for the Meadowood Fire Protection Service. (All Directors – One 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) (g) of the Community Charter the Board proceed to an In Camera meeting to consider items related to legal issues.