REGIONAL DISTRICT OF NANAIMO

 

REGULAR BOARD MEETING

TUESDAY, JULY 28, 2009

(immediately following the Hospital Board meeting)

 

(RDN Board Chambers)

 

A G E N D A

 

 

 

PAGES

 

          1.           CALL TO ORDER

 

          2.           DELEGATIONS

 

                              John Mansell, re Non-Compliant Land Use in Area ‘F’.

 

13-15                      Heather Vallance, re Request to Support ALR Application.

 

          3.           BOARD MINUTES

 

16-25                      Minutes of the regular Board meeting held June 23, 2009.

 

          4.           BUSINESS ARISING FROM THE MINUTES

 

          5.           COMMUNICATIONS/CORRESPONDENCE

 

26                           Nadine Durante, BCSPCA, re Request to Waive Tipping Fees.

 

27                           Sandra Petrie, re Development Permit with Variance Application No. 60926 – Ivens – 3951 Bovanis Road – Area H.

 

28                           R. D. Hickman, Ministry of Transportation & Infrastructure, re Giant Hogweed.

 

          6.           UNFINISHED BUSINESS

 

                        BYLAWS

 

                        For Adoption.

 

29-33                      Bylaw No. 500.349 – To Amend the Land Use and Subdivision  Bylaw. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.349, 2009” be adopted.

 

                                    This bylaw rezones the subject properties from Resource Management 4 and Resource Management 5 to Recreation 4.

 

                              Bylaw No. 1557 – To Impose Development Cost Charges in the Barclay Crescent Sewer Service Area. (All Directors – One Vote)

 

                                    That “Barclay Crescent Sewer Service Area Development Cost Charges Bylaw No. 1557, 2009” be adopted.

 

                                    This bylaw imposes development cost charges in the Barclay Crescent sewer service area to help cover capital costs associated with maintaining, expanding and upgrading the sewer system.

 

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

 

          7.1         ELECTORAL AREA PLANNING STANDING COMMITTEE

 

34-36                      Minutes of the Electoral Area Planning Committee meeting held July 14, 2009. (for information)

 

                        PLANNING

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                              Development Permit Application No. 60837 – Harford for Harford & Hale - 501/515 Kaplar Road - Electoral Area 'G'. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That the request from Dan Harford on behalf of D. Harford, E. Harford, B. Hale and T. Hale, for the building strata conversion as shown on the Proposed Strata Plan of Lot 9, District Lots 65 and 66, Newcastle District, Plan 1803, be approved subject to the conditions being met as set out in Schedules No. 1 and 2 of the corresponding staff report.

 

2.      That Development Permit Application No. 60837, submitted by Dan Harford on behalf of D. Harford, E. Harford, B. Hale and T. Hale, in conjunction with the proposed building strata conversion application and designated within the Farm Land Protection and the Environmentally Sensitive Features Development Permit Areas be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

                        DEVELOPMENT PERMIT WITH VARIANCE APPLICATIONS

 

                              Development Permit with Variance Application No. 60921 – Whitaker – 5361 Island Highway West - Electoral Area 'H'. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                              Delegations wishing to speak to Development Permit with Variance Application No. 60921.

                                    That Development Permit with Variance Application No. 60921, to construct a dwelling unit and attached garage with a maximum height of 8.7 metres within the Hazard Lands and Environmentally Sensitive Features Development Permit Area pursuant to “Regional District of Nanaimo Electoral Area ‘H’ Official Community Plan Bylaw No. 1335, 2003”, for the property legally described as Lot A, District Lot 16, Newcastle District, Plan 11435 be approved subject to the conditions outlined in Schedules No. 1 to 4 and the notification requirements of the Local Government Act.

 

                              Development Permit with Variance Application No. 60925 – Wells – 1720 Wilkinson Road – Area ‘A’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                              Delegations wishing to speak to Development Permit with Variance Application No. 60925.

 

                                    That Development Permit with Variance Application No. 60925, to construct a dwelling unit and attached garage with a minimum setback from the front lot line of 5.0 metres within the Streams, Nesting Trees & Nanaimo River Floodplain Development Permit Area, pursuant to “Regional District of Nanaimo Electoral Area ‘A’ Official Community Plan Bylaw No. 1240, 2001”, for the property legally described as Lot A, District Lot 4, Section 3, Nanaimo District, Plan 7320 be approved subject to the conditions outlined in Schedules No. 1 to 4 and the notification requirements of the Local Government Act.

 

                              Development Permit with Variance Application No. 60926 – Ivens – 3951 Bovanis Road – Area ‘H’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                              Delegations wishing to speak to Development Permit with Variance Application No. 60926.

 

                                    That Development Permit with Variance Application No. 60926, for the construction of a second storey addition to an existing single dwelling unit on the subject property legally described as Lot 6, District Lots 85 and 22, Newcastle District, Plan 23173, be approved subject to the conditions outlined in Schedules No. 1 to 4 and the notification requirements of the Local Government Act.

 

                        OTHER

 

                              Request for Frontage Relaxation – Henning for Diedrichsen, Laird, Corraini – 2915 & 2945 Amrik Road – Area ‘C’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That the request to relax the minimum 10% frontage requirement for proposed Lot 3, submitted by Brian Henning, BCLS on behalf of W. Diedrichsen, L. Laird, W. Carraini & G. Corraini, in conjunction with the proposed lot line adjustment subdivision for the properties legally described as Lot B, Sections 10 and 11, Ranges 4 and 5, Plan VIP77295; Lot A, Section 11, Range 5, Plan VIP8595; and Lot 2, Section 11, Range 4 and 5, Plan VIP80268, Except That Part in Plan VIP85953 , all of Mountain District, be approved.

 

                              Request for Regional Growth Strategy Amendment to Support Zoning & OCP Amendment Application No. 0604 - Addison - 2610 Myles Lake Road - Electoral Area ‘C. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That it be recommended to the Sustainability Select Committee and the Board that the Electoral Area Planning Committee supports consideration of this application for a site specific amendment to the Regional Growth Strategy.

 

                              Amendment Bylaw No. 1469.01 – Provides for a Housekeeping Amendment to the Floodplain Management Bylaw.

 

                                    (Electoral Area Directors except EA ‘B’ - One Vote)

 

1.      That “Regional District of Nanaimo Floodplain Amendment Bylaw No. 1469.01, 2009” be given three readings.

 

                                    (Electoral Area Directors except EA ‘B’ - 2/3)

 

2.      That “Regional District of Nanaimo Floodplain Amendment Bylaw No. 1469.01, 2009” be adopted.

 

          7.2         COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

37-45                      Minutes of the Committee of the Whole meeting held July 14, 2009. (for information)

 

                        DELEGATIONS

 

                              Diane Brennan & Pam Hadikin, United Way Central Island, re 2009 United Way Campaign. (All Directors – One Vote)

 

                                    That the information provided by the delegation be referred to staff to explore ways in which our employees can participate.

 

                        COMMUNICATIONS/CORRESPONDENCE

 

                              Patty Biro, District 69 Electoral Area ‘H’ Commissioner, re Resignation from District 69 Recreation Commission. (All Directors – One Vote)

 

                                    That the correspondence from Patty Biro regarding her resignation from the District 69 Recreation Commission be received.

 

                              Derek Corrigan, City of Burnaby, re Local Government Liabilities Resulting from Building Construction Regulation – Request for Legislative Changes. (All Directors – One Vote)

 

                                    That the correspondence from the City of Burnaby regarding problems associated with municipal liabilities resulting from building construction regulation, be received.

 

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

 

                                    That the correspondence from the Vancouver Island Regional Library regarding the Library’s proposed Consolidated Facility Master Plan, be received.

 

                        FINANCE AND INFORMATION SERVICES

 

                        FINANCE

 

                              Bylaw No. 1575 – To Authorize Temporary Borrowing for the Purchase of Land for the Nanoose Bay Bulk Water Service.

 

                                    (All Directors – Weighted Vote)

 

1.      That “Nanoose Bay Bulk Water Temporary Borrowing Bylaw No. 1575, 2009” be introduced and read three times.

 

                                    (All Directors – 2/3 Weighted)

 

2.      That “Nanoose Bay Bulk Water Temporary Borrowing Bylaw No. 1575, 2009” be adopted.

 

                              Bylaws No. 1565, 1566, 1445.03 & 1004.04 – In Relation to the Cedar Sewer Collection System.

 

                                    (All Directors – One Vote)

 

1.      That “Cedar Sewer Small Residential Properties Stage 2 Capital Financing Service Establishment Bylaw No. 1565, 2009” be introduced for three readings and be forwarded to the Inspector of Municipalities for approval.

 

2.      That “Cedar Sewer Service Area Amendment Bylaw No. 1445.03, 2009” be introduced for three readings.

 

3.      That “Duke Point Sewer Local Service Area Amendment Bylaw No. 1004.04, 2009” be introduced for three readings.

 

                                    (All Directors – Weighted Vote)

 

4.      That “Cedar Sewer Small Residential Properties Stage 2 Loan Authorization Bylaw No. 1566, 2009” be introduced for three readings and be forwarded to the Inspector of Municipalities for approval.

 

                              Amendment to Signing Authorities and Appointment of Deputy Officer for Financial Administration. (All Directors – One Vote)

 

1.      That the signing authorities for financial instruments as outlined in agreements with TD Canada Trust, the Municipal Finance Authority, Canaccord Capital and BMO Nesbitt Burns reflect the following officer positions:

 

                                          Chairperson                                                        Joseph Stanhope

                                          Deputy Chairperson                                               Larry McNabb

                                          Chief Administrative Officer                                     Carol Mason

                                          General Manager, Finance & Information Services  Nancy Avery

                                          Manager, Financial Reporting                                 Wendy Idema

                                          Manager, Accounting Services                              Tiffany Moore.

 

2.      That the foregoing authority extend to accounts in the name of the Regional District of Nanaimo and the Nanaimo Regional Hospital District.

 

3.      That Wendy Idema, Manager, Financial Reporting, be designated as the Deputy Officer for Financial Administration under Section 199 of the Local Government Act.

 

                              Amendment Bylaw No. 1532.01 – Amends the Cedar Sewer Service Rates and Regulations Bylaw by Temporarily Decreasing the Sewer Connection Fee.

 

                                    (All Directors – One Vote)

 

1.      That “Cedar Sewer Service Area Rates and Regulations Amendment Bylaw No. 1532.01, 2009” be introduced and read three times.

 

                                    (All Directors –2/3)

 

2.      That “Cedar Sewer Service Area Rates and Regulations Amendment Bylaw No. 1532.01, 2009” be adopted.

 

                              Bylaw No. 1576 – To Regulate Burning and Fires Within a Portion of the Yellowpoint-Waterloo Fire Protection Service.

 

                                    (All Directors – One Vote)

 

1.      That “Yellowpoint Fire Regulatory Bylaw No. 1576, 2009” be introduced and read three times.

 

                                    (All Directors – 2/3)

 

2.      That “Yellowpoint Fire Regulatory Bylaw No. 1576, 2009” be adopted.

 

                        DEVELOPMENT SERVICES

 

                        BUILDING & BYLAW

 

                              Property Maintenance Contravention – 2499 Schirra Drive – Area ‘E’. (All Directors – One Vote)

 

                              Delegations wishing to speak to Property Maintenance Contravention at 2499 Schirra Drive – Area ‘E’.

 

                                    That should the property maintenance concerns not be rectified by July 28, 2009, pursuant to the “Unsightly Premises Regulatory Bylaw No. 1073, 1996”, the Board directs the owners of the subject property to remove from the premises those items as set out in the attached Resolution within fourteen (14) days; or the work will be undertaken by the Regional District’s agents at the owners’ cost.

 

                              Amendment Bylaw No. 1418.01 – Amends the Bylaw Enforcement Ticket Regulation Bylaw to include the Waste Stream Management Licensing Bylaw.

 

                                    (All Directors – One Vote)

 

1.      That “Regional District of Nanaimo Bylaw Enforcement Ticket Regulation Amendment Bylaw No. 1418.01, 2009” be introduced and read three times.

 

                                    (All Directors – 2/3)

 

2.      That “Regional District of Nanaimo Bylaw Enforcement Ticket Regulation Amendment Bylaw No. 1418.01, 2009” be adopted.

 

                              Amendment Bylaw No. 787.12 – Amends the Building Inspection Service Establishment Bylaw by Extending the Service Area Boundary to Include the Regional District of Nanaimo Church Road Transfer Station. (All Directors – One Vote)

 

                                    That “Regional District of Nanaimo Building Inspection Service Bylaw Amendment Bylaw No. 787.12, 2009” be introduced, read three times and forwarded to the Ministry of Community and Rural Development for approval.

 

                        PLANNING

 

                              Request for Urban Containment Boundary Amendment – City of Nanaimo. (All Directors – One Vote)

 

1.      That the Regional District of Nanaimo Board endorse the proposed change to the City of Nanaimo Urban Containment Boundary and that the maps in the Regional Growth Strategy be updated at the next available opportunity to reflect this change.

 

2.      That staff be directed to provide a letter to the City of Nanaimo indicating the Board’s decision.

 

                        TRANSPORTATION AND SOLID WASTE SERVICES

 

                        SOLID WASTE

 

                              BC Bioenergy Network Tripartite Collaboration Agreement.

 

                                    (All Directors – Weighted Vote)

 

1.      That the Board enter into a collaborative agreement with the BC Bioenergy Network and Cedar Road LFG Inc. to establish a Collaborative Demonstration and Development Centre (CDDC) to promote sustainable landfill gas-to-energy projects in BC.

 

                                    (All Directors – One Vote)

 

2.      That the Board appoint the Manager of Solid Waste to represent the RDN on the CDDC Network Advisory Board.

 

3.      That staff remain alert to any revenue potential that may result from this collaboration.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

                              District 69 Recreation Commission.

 

                                    (All Directors – One Vote)

 

1.      That the minutes of the District 69 Recreation Commission meeting held June 25, 2009 be received for information.

 

                                    (All Directors – One Vote)

 

2.      That the Youth Services Review: January – May 2009 Report be received for information.

 

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

 

3.      That the recommendations from the Youth Services Review Report for the design and development of a new youth recreation services plan for District 69 be approved and that $10,000 be allocated in fiscal years 2009 and 2010 in the District 69 Recreation Coordination budget for consulting services to undertake the plan to commence in the fall of 2009 and conclude spring 2010.

 

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

 

4.      That, respecting the District 69 Recreation Services Fees and Charges 2009/10 staff report, the new Fees and Charges category titled Golden in Appendices A and B for participants 85 years and older be changed to 80 years and older.

 

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

 

5.      That the 2009/10 program, admission and rental fees for Oceanside Place be approved as highlighted in the report and outlined in Appendix A, as amended.

 

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

 

6.      That the 2009/10 Recreation Coordinating program fees and recovery rates, administration fee, and revenue-sharing percentage ratio for Term Instructor (Companies) agreements be approved as highlighted in the report and outlined in Appendix C.

 

                                    (All Directors – One Vote)

 

7.      That the District 69 Track and Field Facility Feasibility Study be approved as a resource document for the planning and development of a track and field facility in District 69.

 

                                    (All Directors – One Vote)

 

8.      That Regional District staff continue to work with School District 69, City of Parksville, Town of Qualicum Beach, Oceanside Track and Field Club and the District 69 Sports Association to further explore the options identified in the District 69 Track and Field Facility Feasibility Study.

 

                                    (All Directors – One Vote)

 

9.      That the Regional Board appoint an alternate for each member of the Commission as provided in Bylaw No. 935.

 

                                    (Parksville, Qualicum Beach, EAs ‘F’ ‘G’ & ‘H’ – Weighted Vote)

 

10.  That the 2009/10 program, admission and rental fees for Ravensong Aquatic Centre be approved as highlighted in the report and outlined in Appendix B, as amended.

 

                              Nanoose Bay Parks and Open Space Advisory Committee. (All Directors – One Vote)

 

1.      That the minutes of the Nanoose Bay Parks and Open Space Advisory Committee meeting held May 4, 2009 be received for information.

 

2.      That staff be directed to investigate further the design and construction of a community trail adjacent to the existing trail which forms part of Strata #3393 lands as it extends off Rockhampton Road

 

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

 

                                    That the minutes of the Electoral Area ‘G’ Parks and Open Space Advisory Committee meeting held May  21, 2009 be received for information.

 

                              Regional Solid Waste Advisory Committee. (All Directors – One Vote)

 

                                    That the minutes of the Regional Solid Waste Advisory Committee meeting held June 18, 2009 be received for information.

 

                              Regional Parks & Trails Advisory Committee. (All Directors – One Vote)

 

1.      That the minutes of the Regional Parks & Trails Advisory Committee meeting held June 16, 2009 be received for information.

 

2.      That the Mount Arrowsmith Regional Park – Park Use and Management Concerns staff report be received for information.

 

3.      That the Regional Park Acquisition Criteria and Rating Framework be approved.

 

4.      That the E&N Trail-with-Rail Feasibility Study be received to use as a guiding document for the future development of the E&N Rail Trail.

 

5.      That the Regional District write a letter to the Chief Medical Officer at Vancouver Island Health Authority requesting his investigation into the use of Round Up on the E & N Rail Line and for his opinion if it presents a health problem with drinking water or to citizens who may come in direct contact with the herbicide.

 

                              Regional Liquid Waste Advisory Committee. (All Directors – One Vote)

 

                                    That the minutes of the Regional Liquid Waste Advisory Committee meeting held June 19, 2009 be received for information.

 

                              Transit Select Committee.

 

                                    (All Directors – One Vote)

 

1.      That the minutes of the Transit Select Committee meeting held June 17, 2009 be received for information.

 

                                    (Nanaimo, Parksville, Qualicum Beach, Lantzville, EA’s A, C, E & G – Weighted Vote)

 

2.      That the Board direct staff to proceed with the Prideaux Street Exchange Upgrade Project.

 

                                    (Nanaimo, Parksville, Qualicum Beach, Lantzville, EA’s A, C, E & G – Weighted Vote)

 

3.      That the two letters from Vancouver Island University be received for information and that staff be directed to send letters regarding cost sharing opportunities to School District No. 68, BC Transit and Vancouver Island University for an improved bus service from Cinnabar Valley/Chase River Area to John Barsby Community School, NDSS and Vancouver Island University/Malaspina International High School.

 

                                    (Nanaimo, Parksville, Qualicum Beach, Lantzville, EA’s A, C, E & G – Weighted Vote)

 

4.      That staff prepare a report to be brought to the August Board meeting that outlines the L’Association des francophones de Nanaimo request regarding transportation support for the Maple Sugar Festival.

 

                                    (All Directors – One Vote)

 

5.      That staff send a letter to Greyhound Canada supporting a non-idling policy.

 

                                    (All Directors – Weighted Vote)

 

6.      That the 2009/2010 Annual Operating Agreement with BC Transit be approved.

 

                              Sustainability Select Committee. (All Directors – One Vote)

 

1.      That the minutes of the Sustainability Select Committee meeting held June 17, 2009 be received for information.

 

2.      That the name of the Regional Growth Strategy be amended to Regional Sustainability Plan to reflect the revised focus on sustainability.

 

3.      That the information regarding Regional Growth Strategy definitions be referred to staff for consideration in the revised Regional Growth Strategy.

 

4.      That staff be directed to arrange a presentation on forest and resource management at a future Ideas and Updates Board Seminar.

 

                        BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

 

                              Local Government Liabilities Resulting from Building Construction Regulation – Request for Legislative Changes. (All Directors – One Vote)

 

                                    That the report received from the City of Burnaby regarding building construction regulation be referred to staff for their review and recommendations.

 

                              BC Bioenergy Network Tripartite Collaboration Agreement. (All Directors – One Vote)

 

                                    That the Manager of Solid Waste make a presentation to the Sustainability Select Committee on this issue.

 

                        NEW BUSINESS

 

                              Gabriola Island Parks & Open Space Advisory Committee Appointment. (All Directors – One Vote)

 

                                    That Cameron Murray be appointed to the Gabriola Island Parks & Open Space Advisory Committee for a term ending December 31, 2009.

 

          7.3         EXECUTIVE STANDING COMMITTEE

 

          7.4         COMMISSIONS

 

          7.5         SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

          8.           ADMINISTRATOR’S REPORTS

 

46-52                      Amendment Bylaw No. 975.50 – To Extend the Boundary of the Pump & Haul Service Area to Include an Area ‘B’ Property. (All Directors – One Vote)

 

53-58                      Yellow Point Drama Group Grant-in-Aid – Costume Storage Funding.  (All Directors – One Vote)

 

59-62                      Area 'A' Recreation and Culture Services Office. (All Directors – Weighted Vote)

 

                              Infrastructure Planning Grant – Joint Regional Waste to Energy Viability Study. (Report 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) (c) and (e) of the Community Charter the Board proceed to an In Camera meeting to consider items related to personnel and land issues.