Wednesday, April 22, 2015

Colliery Dams Update - Third Option Investigated

Councillor Bestwick, Mayor McKay and Councillor Kipp
City to file an appeal

After a meeting this morning with the Comptroller of Water Rights, members of the dam safety branch, members of city staff, council and an engineer from GSI, council met at an in-camera meeting which began at 3:00 pm.

The meeting was reconvened in public at 4:30 pm where the following motion was passed by this city council:
  1. have the City of Nanaimo file an appeal to the Environmental Appeal Board (EAB) of the 2015-APR-09, 2015 Order from the Comptroller of Water Rights in accordance with the Council presentation at the April 13, 2015 Committee of the Whole Meeting and that the appeal focus on the amendment of the Order to seek a third remediation option; additional time to investigate and implement this third option; and the offering of interim protective measures, if available, while the third remediation option is investigated and implemented;
  2. seek a stay of the 2015-APR-09 Order from the EAB on the same terms as above; 
  3. be authorized, along with legal counsel, to engage the services of engineers for the purposes of the appeal and to further investigate and secure a stay;
  4. send a delegation to meet with the Comptroller of Water Rights as soon as possible to discuss the possibility of obtaining an amendment to the Order as per the terms in item 1. above, so as to avoid an appeal and stay application; and 
  5. return to Council prior to 2015-MAY-01 to advise Council on the Comptroller response to the City’s request for an amendment to the Order and next steps required after receipt of the Comptroller’s response.



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