MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, May 16, 2022

3:00 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 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:

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

Section 90(2):

(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party

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, 2022-ARP-25, at 4:00 p.m.

b.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-MAY-02, at 3:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

a.

2022 Design Advisory Panel Appointments

At the In Camera Council Meeting held 2022-MAY-02, Council appointed Kevin Krastel, Marie Leduc, and Kaien Shimizu as at-large members on the Design Advisory Panel for a three year term.  Councillor Brown is the appointed Council representative and Councillor Hemmens is the alternate.

8.

PRESENTATIONS:

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Special Advisory Committee on Accessibility and Inclusiveness Meeting held electronically on Wednesday, 2022-MAR-23 at 4:04 p.m.

b.

Minutes

Minutes of the Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-MAR-28, at 1:00 p.m.

c.

Minutes

Minutes of the Governance and Priorities Committee meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-APR-11, at 1:00 p.m.

d.

Minutes

Minutes of the Special Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Thursday, 2022-APR-21, at 3:30 p.m.

e.

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, 2022-APR-27 at 4:01 p.m.

10.

CONSENT ITEMS:

a.

Advisory Committee on Accessibility and Inclusiveness Recommendations 2022-APR-27

[Note:  A link to the 2022-APR-27 Advisory Committee on Accessibility and Inclusiveness Agenda is attached for information.]

1.

Design Commercial Update

It was moved and seconded that the Advisory Committee on Accessibility and Inclusiveness support, in principle, the project concept as outlined in the 2022-APR-27 report by James Knight, Capital Project Management Specialists, with the following suggestions for consideration:

• Smooth road surfaces (not textured);
• Accessible washrooms, especially during events;
• Ensure branches from trees are trimmed so that they do not hang below a minimum of seven feet; and
• Encourage the business community to make their businesses fully accessible.

The motion carried unanimously.

b.

Governance and Priorities Committee Recommendations 2022-MAY-09

[Note: A link to the 2022-May-09 Governance and Priorities Committee Meeting is attached for information.]

That Council:

1. Support the amendments to the Draft City Plan as detailed in Attachment A: Draft City Plan – GPC Amendments (attached to the 2022-MAY-16 agenda).
2. Support the amendments to the Draft City Plan as detailed in Attachment B: Draft City Plan – Recommended Amendments (attached to the 2022-MAY-16 agenda).
3. Support adding a new policy under section C1.1 of the Draft City Plan to support, prioritize and advocate for low-carbon energy systems in all new construction.

c.

Separately Addressed Consent Items:

1.

Governance and Priorities Committee Recommendation 2022-MAY-09

Attachment A: Recommendation #27

Change the buffer between industrial lands and the Cable Bay Trail from 50 metres to an average of 100 metres.

1.

Add Delegation - Paul Chapman

2.

Add Delegation - Liz Sparkes

3.

Add Delegation - Erin Tzvetcoff

4.

Add Delegation - Jain Alcock-White

5.

Add Delegation - Paul Sadler

6.

Add Delegation - Bruce Martin

11.

DELEGATIONS:

12.

REPORTS:

a.

Code of Conduct for Council & Committee Members

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

Purpose:  To outline the proposed amendments to the Community Charter through Bill 26 – Municipal Affairs Statutes Amendment Act (No. 2) that would add new requirements for municipal councils and regional district boards to consider developing or updating codes of conduct, and to introduce companion bylaw and policy provisions to support the code of conduct’s  foundational provisions through: 1) an enhanced Code of Conduct Bylaw; 2) establishing an Ethics Commissioner position; 3) implementing an Elected Officials Oath of Office Bylaw; and 4) amending the Council Spending and Amenities Policy.

Presentation:

1. Karen Robertson, Deputy City Clerk and Reece Harding, Solicitor, Young Anderson.

Recommendation:

1. Code of Conduct Bylaw

That “Code of Conduct Bylaw 2022 No. 7348” (To regulate the conduct for Council and Committee Members) pass first reading;

That “Code of Conduct Bylaw 2022 No. 7348” pass second reading;

That “Code of Conduct Bylaw 2022 No. 7348” pass third reading.

2. Ethics Commissioner Establishment Bylaw

That “Ethics Commissioner Establishment Bylaw 2022 No. 7349” (To establish an Ethics Commissioner or ad hoc Commissioner) pass first reading;

That “Ethics Commissioner Establishment Bylaw 2022 No. 7349” pass second reading;

That “Ethics Commissioner Establishment Bylaw 2022 No. 7349” pass third reading.

3. Elected Officials Oath of Office Bylaw

That “Elected Officials Oath of Office Bylaw 2022 No. 7350” (To establish the oath or solemn affirmation of office for Mayor and the office of Councillor) pass first reading;

That “Elected Officials Oath of Office Bylaw 2022 No. 7350” pass second reading;

That “Elected Officials Oath of Office Bylaw 2022 No. 7350” pass third reading.

4.  Council Spending and Amenities Policy

That Council endorse the amendments to section two and three of the Council Spending and Amenities Policy related to code of conduct breaches and attendance at in-town or out-of-town meetings as outlined in red within Attachment 4 to the 2022-MAY-16 report by the Deputy City Clerk.

b.

Downtown Nanaimo Safety Action Plan

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To provide Council with the Final Report of the Downtown Nanaimo Community Safety Action Plan detailing the findings of the security review and recommendations presented to Council at the 2022-APR-20 Finance and Audit Committee Meeting.

Recommendation:  That Council receive the Downtown Nanaimo Community Safety Action Plan.

c.

CleanBC Communities Fund Grant Application for Mechanical Renewal at Nanaimo Aquatic Centre

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To obtain Council’s approval for an infrastructure grant application.

Recommendation:  That Council:

1. Direct staff to submit an application to CleanBC’s Clean Communities Fund for the Mechanical Renewal at Nanaimo Aquatic Centre (NAC), and commit to funding $1,493,520 of the project, as well as any cost overruns;
2. Amend the 2022 – 2026 Financial Plan to remove the NAC Boiler Replacement Project in 2024/2025 for $799,200 funded from the Facility Development Reserve Fund; and
3. Amend the 2022 – 2026 Financial Plan to add the Mechanical Renewal at NAC to 2023/2024 for $5,600,000 funded from a $4,106,480 grant, $1,093,520 from the Facility Development Reserve Fund and $400,000 from the Climate Action Reserve Fund with project contingent on a successful grant application.

1.

Replace the introduction by Laura Mercer, Director, Finance with Bill Sims, General Manager, Engineering and Public Works.

d.

Development Permit Application No. DP1241 - 6330 McRobb Avenue

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To present for Council’s consideration a development permit application for a multi-family rental residential development at 6330 McRobb Avenue.

Recommendation:  That Council issue Development Permit No. DP1241 for a multi-family residential development at 6330 McRobb Avenue with a variance to increase the maximum permitted building height from 14.0m to 19.6m.

1.

Add the following Delegations:

1. Robin Kelley
2. Daryoush Firouzli

13.

BYLAWS:

a.

"Zoning Amendment Bylaw 2021 No. 4500.187"

That "Zoning Amendment Bylaw 2021 No. 4500.187" (To rezone the properties at 2220, 2232, 2238, 2246, 2254 Northfield Road, and 2230 Boxwood Road from Single Dwelling Residential [R1], Duplex Residential [R4], Medium Density Residential [R8], and Community Service One [CS1] to Mixed Use Corridor [COR2] with site-specific maximum gross floor area for a grocery store) be adopted.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Councillor Hemmens - Motion re: NAC Youth Hub Model

At the Special Council Meeting held 2022-MAY-09, Councillor Hemmens advised she would be bringing forward the following motion for consideration: 

"That Council direct Staff to deliver a report on the possible expansion of the NAC Youth Hub model of primary care to other populations and locations in the City."

b.

Councillor Hemmens - Motion re: Inclusion of Space for a New Primary Care Clinic

At the Special Council Meeting held 2022-MAY-09, Councillor Hemmens advised she would be bringing forward the following motion for consideration: 

"That Council direct Staff to pursue the inclusion of space for a new primary care clinic in future public projects, such as Te’tuxwtun or South End Community Center."

1.

Councillor Hemmens - Motion re:  Inclusion of Space for a New Primary Care Clinic

Replace wording with the following:

"That Council direct Staff to pursue the inclusion of space for a new primary care clinic in future public projects, such as the South End Community Centre."

16.

QUESTION PERIOD:

17.

ADJOURNMENT: