REGIONAL DISTRICT OF NANAIMO
REGULAR BOARD MEETING
REVISED AGENDA

Tuesday, June 27, 2023

1:00 P.m. - 3:00 P.m.

Board Chambers (Webstreamed)

This meeting will be recorded

 

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1.

CALL TO ORDER

2.

TERRITORIAL ACKNOWLEDGEMENT

The Chair will respectfully acknowledge the Coast Salish Nations on whose traditional territory this meeting takes place.

3.

APPROVAL OF THE AGENDA

4.

ADOPTION OF MINUTES

• (All Directors - One Vote)

  That the minutes of the Regular Board meeting held June 13, 2023, be adopted.

4.1

Regular Board Meeting - June 13, 2023

5.

CORRESPONDENCE

6.

COMMITTEE MINUTES

• (All Directors - One Vote)

  That the following minutes be received for information:

6.1

Drinking Water and Watershed Protection Technical Advisory Committee Meeting - May 24, 2023

6.2

Electoral Area Services Committee Meeting - June 8, 2023

7.

CONSENT AGENDA

Note: Directors may adopt in one motion all recommendations appearing on the Consent Agenda or, prior to the vote, request an item be removed from the Consent Agenda for debate or discussion, voting in opposition to a recommendation, or declaring a conflict of interest with an item.

Committee recommendations on the Consent Agenda were Carried Unanimously at the Committee level.

(Voting rule varies as noted - Unanimous vote required)

That the following items on the Consent Agenda be adopted by consent:

7.1

ELECTORAL AREA SERVICES COMMITTEE RECOMMENDATIONS

7.1.1

Options for 707 Community Park Fuel Management

Please note: The original recommendation was varied by the Committee

• (All Directors - One Vote)

  That staff begin work on community outreach that will inform the development of a potential draft 2024 Community Resiliency Investment (CRI) grant application for a demonstration plot in the 707 Community Park.

7.1.2

Orlebar Point and Brickyard Beach Management

Please note: The original recommendation was varied by the Committee 

• (All Directors - Weighted Vote)

  1. The Regional District of Nanaimo move forward with developing an agreement with the Ministry of Transportation and Infrastructure to assume responsibility for infrastructure at Orlebar Point and be considered in the 2024 financial plan.

• (All Directors - One Vote)

  2. Staff investigate the possibilities of assuming site management and infrastructure improvements at Brickyard Beach.

7.1.3

Rollo McClay Field Improvement Options

• (All Directors - Weighted Vote)

  That the Rollo McClay Field improvement options report be received for information and the proposed field maintenance plan and related cost implications be included in the 2024 Budget review and discussions. 

7.1.4

Electoral Area A Recreation and Culture Grant Program - Spring 2023 Applications

Please note: The original recommendation was varied by the Committee

• (All Directors - Weighted Vote)

  1. The Cedar Community Hall grant application for $3000 for Heritage Day, Family Movie Nights and Fall Community Dinner be approved.

• (All Directors - Weighted Vote)

  2.  Scentient Sessions grant application be declined due to the workshops not being held in Electoral Area A. 

• (All Directors - Weighted Vote)

  3.  The Cedar Farmers Market Agricultural Society's grant application for $400 for Kid's Kits be approved. 

• (All Directors - One Vote)

  4. That staff review the "clause 14 - using funds for capital items” of the Electoral Area A Recreation and Culture Grant-in-Aid criteria and how it can be modified for future applications.

7.1.5

Dashwood Volunteer Fire Department – Crown Land Tenure Application

• (All Directors - Weighted Vote)

  That the application for a Crown Land Tenure for the Dashwood Volunteer Fire Department for the construction completion of a fire training facility on the lot adjacent to the current fire hall location at 230 Hobbs Road, Qualicum Beach, be approved.

7.1.6

Request for Relaxation to the 10% Minimum Frontage Requirement in Relation to Subdivision Application No. PL2020-097 803 Reid Road, Electoral Area G

• (Electoral Area Directors, except EA B - One Vote)

  That the Board approve the request to relax the minimum 10% perimeter frontage requirement for proposed Lot 2 in relation to Subdivision Application No. PL2020-097.

7.1.7

Request for Relaxation of the Minimum 10% Perimeter Frontage Requirement in Relation to Subdivision Application No. PL2022-109 1303 Woodland Drive, Electoral Area G

• (Electoral Area Directors, except EA B - One Vote)

  That the Board approve the request to relax the minimum 10% perimeter frontage requirements for proposed Lot 1 in relation to Subdivision Application No. PL2022-109.

7.2

SOLID WASTE MANAGMENT SELECT COMMITTEE

7.2.1

New Business

• (All Directors - One Vote)

  That the Regional District of Nanaimo Board support a renewed member led Vancouver Island and Coastal Community Solid Waste Committee and if needed, that the Regional District of Nanaimo hold the reserve funds left over from the AVICC Special Committee on Solid Waste and distribute these funds to a third party that would provide the service of administration the renewed member led Vancouver Island and Coastal Community Solid Waste Committee.

8.

ITEMS REMOVED FROM THE CONSENT AGENDA

9.

COMMITTEE RECOMMENDATIONS

9.1

ELECTORAL AREA SERVICES COMMITTEE RECOMMENDATIONS

9.1.1

Telecommunications Antenna System Application No. PL2022-156 1477 Hodges Road, Electoral Area G

• (Electoral Area Directors, except EA B - One Vote)

  That the Regional District of Nanaimo advise TELUS Communications Inc., Rogers Communications Inc., and Innovation, Science and Economic Development Canada of the following:

  • TELUS Communications Inc. and Rogers Communications Inc. have satisfactorily completed their consultation with the Regional District of Nanaimo;
  • The Regional District of Nanaimo is satisfied with TELUS Communications Inc. and Rogers Communications Inc.’s public consultation process and does not require any further consultation with the public; and
  • The Regional District of Nanaimo concurs with TELUS Communications Inc. and Rogers Communications Inc.’s proposal to construct a wireless telecommunications facility on the parcel legally described as That Part of the North ½ of District Lot 83, Nanoose District, Lying to the Southwest of the Right of Way of the Esquimalt and Nanaimo Railway Company as Said Right of Way is Shown Coloured Red on Plan Deposited Under DD 7738F.

9.1.1.1

Delegation Submission - Doug Anastos and Sam Sugita

9.1.1.2

Delegation Submission - Yvette Battistolo

9.1.1.2.1

Correspondence - Yvette Battistolo

9.1.1.3

Delegation Submission - Stephen Battistolo

9.1.1.4

Delegation Submission - Christie Drewbrook

9.1.1.5

Delegation Submission - Andrew Gilman

9.1.1.6

Delegation Submission - Cary Augustini

9.1.1.7

Delegation Submission - Marg Friessen

9.1.1.8

Delegation Submission - Kevin Martin

9.1.1.9

Delegation Submission - Greg Lea

9.1.1.10

Delegation Submission - Gina Adair

9.1.1.11

Delegation Submission - Marcus Schluschen

9.1.1.12

Delegation Submission - Stephen Malthouse MD

9.1.1.13

Correspondence - Shari MacDonald

9.1.2

Temporary use Permit Application No. PL2023-023, 3805 Melrose Road, Electoral Area F

Chair to call for Property Owner(s) Wishing to Speak to Temporary use Permit Application No. PL2023-023, 3805 Melrose Road, Electoral Area F

• (Electoral Area Directors, except EA B - One Vote)

  1. That the Board receive the Report of the Community Engagement and Written Submissions as provided in Attachment 2.

• 2. Following public notification, that the Board approve Temporary Use Permit No. PL2023-023 to allow an ATV practice and training facility, and accessory campground on the subject property subject to the terms and conditions outlined in Attachment 5.

• 3. The Board direct staff to complete the required notification for Temporary Use Permit N. PL2023-023.

9.1.2.1

Delegation Submission - Oliver Sayah and Brad Davis

9.1.2.2

Correspondence - Christina 

9.1.2.3

Correspondence - Duane Lee

9.1.3

Development Variance Permit Application No. PL2023-075 1021 Surfside Drive, Electoral Area G

Chair to Call for Members of the Public Wishing to Speak to Development Variance Permit Application No. PL2023-075 1021 Surfside Drive, Electoral Area G

• (Electoral Area Directors, except EA B - One Vote)

  1. The Board approve Development Variance Permit No. PL2023-075 to reduce the minimum setback requirements for the interior side yard lot line from 2.0 metres to 1.0 metre; the other lot lines setback from 5.0 metres to 1.2 metres; and the front lot line setback from 8.0 metres to 6.8 metres for an addition and renovation to an existing dwelling, subject to the terms and conditions outlined in Attachment 2.

• 2. The Board direct staff to complete the required notification for Development Variance Permit No. PL2023-075.

9.1.3.1

Correspondence - Susan and Daryl Erickson

9.1.3.2

Correspondence - Leilani and Lance McCullock

9.1.4

Development Variance Permit Application No. PL2023-047 3734 Jinglepot Road, Electoral Area C

Chair to Call for Members of the Public Wishing to Speak to Development Variance Permit Application No. PL2023-047 3734 Jinglepot Road, Electoral Area C

• (Electoral Area Directors, except EA B - One Vote)

  1. The Board approve Development Variance Permit No. PL2023-047 to reduce the setback to a watercourse, subject to the terms and conditions outlined in Attachment 2.

• 2. The Board direct staff to complete the required notification for Development Variance Permit No. PL2023-047.

9.1.5

Zoning Amendment Application No. PL2022-170 Lot 3, Anderson Avenue, Electoral Area H Amendment Bylaw 500.442, 2023 - Introduction

• (Electoral Area Directors, except EA B - One Vote)

  1. The Public Hearing on “Regional District of Nanaimo Land Use and Subdivision Amendment Bylaw No. 500.442, 2023” not be held in accordance with Section 464(2) of the Local Government Act.

• 2. The Board direct staff to complete the required notification in accordance with Section 467(2) of the Local Government Act.

• 3. The Board receive the Summary Report of the Virtual Engagement as provided in Attachment 3.

10.

REPORTS

10.1

Code of Conduct Options

• (All Directors - One Vote)

  That the Board direct staff to draft amendments to Board Policy A1-37 “Code of Conduct” to:

  1. Increase its length and detail to be generally consistent with the guidance and recommendations in Mr. Ralph Hildebrand’s memo regarding code of conduct approaches attached to, and emphasized within, the June 27, 2023 staff report from the Chief Human Resources Officer.
  2. Include a definitions section, expand the application and scope to include Board Committee and Commission members, and to include an interpretation section.
  3. Update the existing foundational statements and standards of conduct sections as recommended in the January 10, 2023 staff report to be consistent with the most recent Model Code of Conduct developed by the Union of British Columbia Municipalities Working Group on Responsible Conduct.
  4. Expand the standards of conduct section to build upon the existing contents related to communication guidelines and social media use, authorize sharing of in-camera information with member municipalities and their senior staff, and to include additional language related to general conduct, interactions with staff, volunteers and committee members, interactions with the public and media, public meetings, collection and handling of information, conflict of interest, use of influence and gifts and personal benefits.
  5. Include a complaint and resolution process consistent with guidance and recommendations in the memo and generally modelled after the City of Nanaimo complaint and resolution approach which: emphasizes informal resolution where possible; includes appointment of an independent, third party by the Board to receive, administer, adjudicate, resolve and/or investigate complaints and make recommendations to the Board regarding appropriate sanctions for any substantiated breach; states that any investigation report be made available to the public subject to the Freedom of Information and Protection of Privacy Act; and sets out that any hearing and/or decision for potential censure will be in an open meeting subject to the Freedom of Information and Protection of Privacy Act and unless there is a valid reason to close the meeting under section 90 of the Community Charter.

      

10.2

2023 Community Works Fund Update

• (All Directors - One Vote) 

  That the Board receive the 2023 Community Works Fund Project List (Attachment 1).

10.3

Growing Communities Fund

• (All Directors - Weighted Vote)

  1. That the Board confirm the allocation of the Growing Communities Fund as presented, OR

• 2. That the Board provide alternate direction to staff in relation to the allocation of the Growing Communities Fund.

10.4

Regional Groundwater Level Analysis Pre-Summer 2023

• (All Directors - One Vote)

  That the Board receives the report of Regional Groundwater Level Analysis Pre-Summer 2023 for information.

10.5

Information Report on Establishing a Social Planning Service

• (All Directors - One Vote)

  That the Board receive for information the report titled “Information Report on Establishing a Social Planning Service” dated June 27, 2023.

10.6

Information Report on the Background, Funding Structures and Housing Programs of the Capital Regional Housing Corporation

• (All Directors - One Vote)

  That the Board receive the information report on the background, funding structure and housing programs of the Capital Regional Housing Corporation.

10.7

Mount Benson Regional Park Access Road Use 2023 Agreement Renewal

• (All Directors - Weighted Vote)

  That the 5-year Road Use License Agreement (2021-2026) with Island Timberlands Limited Partnership for access to Mount Benson Regional Park via private forest road be approved.

11.

BYLAWS - WITH NO ACCOMPANYING REPORT

11.1

French Creek Sewerage Facilities Local Service Amendment Bylaw No. 813.58, 2023

• (All Directors - One Vote)

  That the "French Creek Sewerage Facilities Local Service Amendment Bylaw No. 813.58, 2023" be adopted.

11.2

Regional District of Nanaimo Northern Community Sewer Local Service Amendment Bylaw No. 889.79, 2023

• (All Directors - One Vote)

  That the "Regional District of Nanaimo Northern Community Sewer Local Service Amendment Bylaw No. 889.79, 2023" be adopted.

12.

BUSINESS ARISING FROM DELEGATIONS AND CORRESPONDENCE

13.

NEW BUSINESS

14.

IN CAMERA

• (All Directors - One Vote)

  That pursuant to the following sections of the Community Charter the Board proceed to an In Camera meeting:

  • 90(1)(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality
  • 90(1)(e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality
  • 90(1)(m) a matter that, under another enactment, is such that the public may be excluded from the meeting;

14.1

Additional In Camera

• • 90(1)(n) the consideration of whether a council meeting should be closed under a provision of this subsection or subsection (2)

15.

ADJOURNMENT