MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, December 04, 2023

3:30 p.m. To Proceed In Camera, Reconvene Regular Council Meeting 7:00 p.m.

SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE

80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS AT 9:00 P.M.

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1.

CALL THE MEETING TO ORDER:

2.

PROCEDURAL MOTION:

That the meeting be closed to the public in order to deal with agenda items under the Community Charter:

Section 90(1) A part of the Council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

(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;

(c) labour relations or other employee relations;

(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; 

(g) litigation or potential litigation affecting the municipality;

(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and,

(n) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2).

a.

Add Community Charter Section 90(1)(k)

(k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the municipality if they were held in public.

3.

INTRODUCTION OF LATE ITEMS:

4.

APPROVAL OF THE AGENDA:

5.

ADOPTION OF THE MINUTES:

a.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2023-NOV-20, at 4:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

a.

Appointment to the Design Advisory Panel

During the 2023-NOV-20 In Camera Council Meeting, Council appointed Nathan Middleton, as nominated by the Architectural Institute of British Columbia, to the Design Advisory Panel for a two-year term ending 2025-NOV-20 or until a successor is appointed.

b.

Add - BC Office of the Human Rights Commissioner - Mural proposed for NAC

During the 2023-NOV-20 In Camera Council meeting, Council approved a mural commissioned by the BC's Office of the Human Rights Commissioner for the interior of the Nanaimo Aquatic Centre.

8.

PRESENTATIONS:

a.

eTOWN Hall to Discuss the 2024-2028 Financial Plan

This item will commence from 7:00 p.m. - 8:30 p.m., until such time, other Agenda items will not be discussed.

1.

2024 - 2028 Draft Financial Plan

To be introduced by Laura Mercer, Director, Finance.

1.

Add - PowerPoint titled "2024-2028 Financial Plan CAO Introduction"

b.

Nanaimo Art Gallery 

Carolyn Holmes, Executive Director, Nanaimo Art Gallery, and Louisa Plant, Manager, Nordicity, to provide an update on the new Nanaimo Art Gallery.

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Special Advisory Committee on Accessibility and Inclusiveness Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, on Wednesday, 2023-JUN-07, at 4:00 p.m.

b.

Minutes

Minutes of the Advisory Committee on Accessibility and Inclusiveness Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2023-SEP-06, at 4:04 p.m.

c.

Minutes

Minutes of the Design Advisory Panel, held electronically, on Thursday, 2023-SEP-14, at 4:03 p.m.

d.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, on Thursday, 2023-SEP-28, at 5:02 p.m.

e.

Minutes

Minutes of the Special Advisory Committee on Accessibility and Inclusiveness Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2023-OCT-11, at 4:00 p.m.

f.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, on Thursday, 2023-OCT-26, at 5:09 p.m.

10.

CONSENT ITEMS:

a.

Governance and Priorities Committee Meeting 2023-NOV-27

[Note:  A link to the 2023-NOV-27 Governance and Priorities Committee Meeting agenda is attached for information.]

1.

Traffic Calming Update

That Council approve phasing the construction of Extension Road traffic calming using $200,000 in the 2023 Financial Plan with the remainder to be identified in 2024.

2.

New City Plan Incentives

That Council direct Staff to prepare a report, for a future Governance and Priorities Committee Meeting, regarding ways to implement the following New City Plan Incentives:

• Incentivize Affordable Housing
• Support Green Infrastructure
• Encourage Infill Development
• Support Small Businesses
• Prioritize Active Transportation

b.

Add - Special Finance and Audit Committee Meeting 2023-DEC-01

[Note:  A link to the 2023-DEC-01 Special Finance and Audit Committee Meeting agenda is attached for information.]

1.

RCMP Contract

No motion (status quo).

2.

Nanaimo Prosperity Corporation

That Council increase the base budget for Nanaimo Prosperity Corporation from $412,692 to $515,850 for the 2024 - 2028 Financial Plan.

3.

Nanaimo Area Land Trust (NALT)

That Council approve a 5-year annual operating grant to the Nanaimo Area Land Trust (NALT) for the term covering January 1, 2024 to December 31, 2028 based on $40,000 for 2024 and adding a 2%, per year, increase for 2025 – 2028.

4.

CatNap Society

That Council provide the CatNap Society with a 5-year annual operating grant for the term covering January 1, 2024 to December 31, 2028 as follows:

• $36,000 for 2024; and
• $25,000 for 2025 – 2028.

5.

Snow and Ice Control Program (SNIC)

That Council increase the Snow and Ice Control Program (SNIC) budget to $1.2 million in 2024 for the 2024-2028 Financial Plan.

6.

Nanaimo 150

That Council add $50,000 in 2024 of the 2024 - 2028 Financial Plan funded from the Strategic Infrastructure Reserve to recognize Nanaimo's 150.

7.

Breakfast Meal Program

No motion (status quo).

8.

Downtown Event Grants

That Council increase the annual allocation for the Downtown Event Grants program from $150,000/year to $250,000/year for the 2024 - 2028 Financial Plan.

9.

Business Cases: Consolidated

That Council add the positions and related costs identified in the business cases consolidated grouping to 2024 of the 2024 – 2028 Financial Plan and fund the fleet purchases from the General Capital Reserve.

10.

Steno Bylaw

That Council add a part-time Steno Bylaw to the 2024 - 2028 Financial Plan effective April 1, 2024.

11.

Fire Clerk

That Council add a Fire Clerk to the 2024 - 2028 Financial Plan effective April 1, 2024.

12.

Transit Stop Amenities

That Council increase funding for the transit shelter program and add a Transit Planning Specialist as per option #2 of the Transit Stop Amenities business case in the 2024 - 2028 Financial Plan.

13.

RCMP Mental Health Liaison Officer

No motion (status quo).

14.

Annual Allocation for New Positions

That Council refer the decision to direct Staff to include an annual 0.50% property tax increase to support new positions effective 2025 to a future Governance and Priorities meeting in early 2024.

15.

Reserve Funding

No motion (status quo).

16.

Traffic Calming: Extension Road

That Council increase the budget for the Extension Road Traffic Calming project by $120,000 in 2024 of the 2024 - 2028 Financial Plan funded from the Strategic Infrastructure Reserve.

17.

Pickleball Courts

That Council add $518,000 to 2024 of the 2024 - 2028 Financial Plan for a pickleball courts project funded by General Revenue.

18.

Lighting of Natural Turf Fields

No motion (status quo).

19.

Public Art

No motion (status quo).

11.

DELEGATIONS:

12.

REPORTS:

a.

Nanaimo Operations Centre Alternative Approval Process

To be introduced by Sheila Gurrie, Director, Legislative Services.

Purpose:  To provide Council with options to proceed with Nanaimo Operations Centre Phase One Borrowing Bylaw 2023 No. 7362.

Delegation:

1. Sanford Bartlett

Recommendation:  That Council move forward with a second Alternative Approval Process in relation to “Nanaimo Operations Centre Phase One Borrowing Bylaw 2023 No. 7362” and:

1. determine the total number of electors of the area to which the approval process applies (the whole of the City of Nanaimo) to be 78,892;
2. establish a deadline of 4:30 p.m. on Tuesday, 2024-FEB-20 for receiving elector responses for the Alternative Approval Process in relation to “Nanaimo Operations Centre Phase One Borrowing Bylaw 2023 No. 7362”; and,
3. approve the Elector Response Form as attached to the Staff report titled “Nanaimo Operations Centre Alternative Approval Process” dated 2023-DEC-04.

b.

2024 Council and Committee Key Date Calendar

To be introduced by Sheila Gurrie, Director, Legislative Services. 

[Note:  To be distributed on the Addendum.]

1.

Add - Report titled "2024 Council and Committee Key Date Calendar"

Purpose:  To present the 2024 Council and Committee Key Date Calendars for Council’s approval.

Recommendation:  That Council approve the 2024 Council and Committee Key Date Calendars as presented on Attachment ‘F’ of the Staff report titled “2024 Council and Committee Key Date Calendars”, dated 2023-DEC-04.

c.

2024 Acting Mayor Schedule

To be introduced by Sheila Gurrie, Director, Legislative Services. 

Purpose:  To present for Council’s consideration the draft 2024 Acting Mayor Schedule.

Recommendation:  That Council approve the 2024 Acting Mayor Schedule as presented:

• Councillor Brown              2024-JAN-01 to 2024-FEB-18
• Councillor Armstrong        2024-FEB-19 to 2024-MAR-31
• Councillor Thorpe             2024-APR-01 to 2024-MAY-12
• Councillor Geselbracht     2024-MAY-13 to 2024-JUN-23
• Councillor Hemmens        2024-JUN-24 to 2024-AUG-11
• Councillor Perrino             2024-AUG-12 to 2024-SEP-29
• Councillor Manly               2024-SEP-30 to 2024-NOV-10
• Councillor Eastmure         2024-NOV-11 to 2024-DEC-31

d.

Amendment to Rates and Charges for Water

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.21” for first, second and third reading.

Recommendation:  That:

1. “Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.21” (a bylaw to set the water rates for 2024) pass first reading;
2. “Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.21” pass second reading; and,
3. “Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.21” pass third reading.

e.

Amendments to Rates and Charges for Sanitary Sewer

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Sewer Regulation and Charge Amendment Bylaw 2023, No. 2496.37” for first, second and third reading.

Recommendation:  That:

1. “Sewer Regulation and Charge Amendment Bylaw 2023, No. 2496.37” (a bylaw to set the 2024 rates for sanitary sewer) pass first reading;
2. “Sewer Regulation and Charge Amendment Bylaw 2023, No. 2496.37” pass second reading; and
3. “Sewer Regulation and Charge Amendment Bylaw 2023, No. 2496.37” pass third reading.

f.

Amendment to Rates and Charges for Municipal Solid Waste Collection

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Municipal Solid Waste Collection Amendment Bylaw 2023, No. 7128.15”, for first, second, and third reading.

Recommendation:  That:

1. “Municipal Solid Waste Collection Amendment Bylaw 2023, No. 7128.15” (a bylaw to set the solid waste collection rates for 2024) pass first reading;
2. “Municipal Solid Waste Collection Amendment Bylaw 2023, No. 7128.15” pass second reading; and
3. “Municipal Solid Waste Collection Amendment Bylaw 2023, No. 7128.15” pass third reading.

g.

Amendment to User Fee Subsidies for 2024

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “User Fee Subsidies Amendment Bylaw 2023, No. 7095.05” for first, second and third reading.

Recommendation:  That:

1. “User Fee Subsidies Amendment Bylaw 2023, No. 7095.05” (a bylaw to set the 2024 thresholds for User Fee Subsidies) pass first reading;
2. “User Fee Subsidies Amendment Bylaw 2023, No. 7095.05” pass second reading; and
3. “User Fee Subsidies Amendment Bylaw 2023, No. 7095.05” pass third reading.

h.

Amendments to Bulk Water Rates for South West Extension

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “South West Bulk Water Rate Amendment Bylaw 2023, No. 7099.12” for first, second and third reading.

Recommendation:  That:

1. “South West Bulk Water Rate Amendment Bylaw 2023, No. 7099.12” (a bylaw to set the 2024 bulk water rate for South West Extension) pass first reading;
2. “South West Bulk Water Rate Amendment Bylaw 2023, No. 7099.12” pass second reading; and
3. “South West Bulk Water Rate Amendment Bylaw 2023, No. 7099.12” pass third reading.

i.

Warming Centre Services Expression of Interest Update 

To be introduced by Jeremy Holm, Director, Planning and Development.

[Note:  To be distributed on the Addendum.]

1.

Remove - Agenda Item 12(i) Warming Centre Services Expression of Interest Update

13.

BYLAWS:

a.

"Zoning Bylaw Amendment Bylaw 2022 No. 4500.204"

That "Zoning Amendment Bylaw 2022 No. 4500.204” (to rezone 444, 450, 500 Comox Road, 55 Mill Street, and 1 Terminal Avenue from Medium Density Residential [R8] and Gateway [DT12] to Comprehensive Development District Zone Seven [CD7] and to amend the CD7 zone with new zoning regulations, to facilitate a mixed-use development and subdivision) be adopted.

b.

"Land Use Contract Discharge Bylaw 2022 No. 7355"

That “Land Use Contract Discharge Bylaw 2022 No. 7355” (to discharge an existing Land Use Contract from the property title of 500 Comox Road) be adopted.

c.

"Facility Development Reserve Fund Amendment Bylaw 2023 No. 7217.01"

That “Facility Development Reserve Fund Amendment Bylaw 2023 No. 7217.01” (housekeeping amendment) be adopted.

d.

“Building Amendment Bylaw 2023 No. 7224.06”

That “Building Amendment Bylaw 2023 No. 7224.06” (to implement a Certified Professional Program; alignment of Professional Practice Guidelines for Retaining Walls; and minor housekeeping items) be adopted. 

e.

"Highway Closure Dedication Removal Bylaw 2023 No. 7367"

That “Highway Closure and Dedication Removal Bylaw 2023 No. 7367” (to provide for highway closure and dedication removal of a portion of Melideo Road and portion of Old Victoria Road adjacent to 1044 and 1048 Old Victoria Road) be adopted.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Councillor Manly Notice of Motion re: Policy Options for Alternative Approval Process

During the 2023-NOV-20 Regular Council Meeting, Councillor Manly advised he would be bringing forward the following motion for consideration:

“That Staff provide a report and recommendations outlining policy options to improve accessibility and increase the ability of electors to engage in the democratic process when the Alternative Approval Process is used for elector approval.”

16.

QUESTION PERIOD:

17.

ADJOURNMENT: