MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, April 08, 2024

4:30 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;

(b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;

(c) labour relations or other employee relations;

(d) the security of property of the municipality;

(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;

(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under Section 21 of the Freedom of Information and Protection of Privacy Act;

(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;

(m) a matter that, under another enactment, is such that the public may be excluded from the meeting;

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

Community Charter 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, 2024-MAR-18 at 4:30 p.m.

b.

Minutes

Minutes of the Special Council Meeting (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Thursday, 2024-MAR-21 at 7:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

a.

In Camera Council Meeting 2024-FEB-26

During the In Camera Council Meeting 2024-FEB-26, Council made the following appointments for the 2025 British Columbia 55+ Games:

• Diana Johnstone as President for the 2025 British Columbia 55+ Games
• Mary Smith as Vice-President for the 2025 British Columbia 55+ Games

Council also passed a motion to approve the use of 2450 Northfield Road as a Games Headquarters for the planning and implementation of the 55+ Games. 

8.

PRESENTATIONS:

a.

Poetry Reading from Paige Pierce, City of Nanaimo Youth Poet Laureate

b.

Donna Hais re:  Hospital Advocacy

1.

Add - PowerPoint presentation titled "Fair Healthcare for All Vancouver Island"

c.

Vicky Trill, Reaching Home Manager, United Way BC, Julie Rushton, Community Impact Manager, United Way BC, and Andrew Thornton, Canadian Mental Health Association Mid-Island, re:  Homeless Point-in-Time Count Report

1.

Add - PowerPoint presentation re: Homeless Point-in-Time Count

9.

COMMITTEE MINUTES:

a.

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, 2024-JAN-10, at 4:00 p.m.

b.

Minutes

Minutes of the Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2024-FEB-21, at 9:00 a.m.

c.

Minutes

Minutes of the Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2024-MAR-20, at 9:00 a.m.

d.

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, 2024-MAR-25, at 12:59 p.m.

10.

CONSENT ITEMS:

a.

Finance and Audit Committee Meeting 2024-MAR-20

[Note:  a link to the 2024-MAR-20 Finance and Audit Committee Meeting agenda is provided for information.]

1.

Hosting the 2025 AVICC Conference

That Council:

1. Accept the invitation to host the AVICC conference at the Vancouver Island Conference Centre (VICC) in 2025 (April 11-13).
2. Approve adding a project to 2025 for $48,000 for hosting the event, to be funded within existing project funding. 
3. Extend an invite to co-host and cost share 50% of the AVICC Conference to the Regional District of Nanaimo (RDN) reducing the overall cost to the City to $24,000.
4. Consider hosting the AVICC conference bi-yearly at the VICC and budget accordingly.

2.

580 Fitzwilliam: Renovation Project

That Council direct Staff to increase the 2024 budget for the 580 Fitzwilliam Renovation Project by $150,000 funded from the RCMP Contract Reserve.

3.

2024 Property Tax and Penalty Due Dates

That Council:

1. Keep the property tax due date as the first business day in July each year.
2. Set the first property tax penalty rate at 2%; applied after the property tax due date each year.
3. Set the second property tax penalty rate at 8%; applied after the last business day of August each year.

4.

Capacity Funding for Housing Initiatives

That Council endorse the allocation of $619,936 in capacity funding provided by the Province to support the City of Nanaimo in meeting the legislative requirements in housing Bills 44, 46, and 47, as outlined in the Staff Report titled "Capacity Funding for Housing Initiatives", dated 2024-MAR-20.

5.

2024 Local Government Development Approvals Program

That Council support Staff’s submission of the grant application to the Local Government Development Approvals Program for the Development Approvals Business Analysis and Process Improvements project, and direct Staff to provide overall grant management. 

6.

Parks and Open Spaces Fees and Charges Amendments

That Council:

1. Support the changes to the user rates for Parks and Open Spaces, fee implementation dates, and the field classification changes as outlined; and
2. Direct staff to bring forward an amendment to the "Fees and Charges Bylaw 2021 No. 7336" to incorporate the new Parks and Open Spaces fees, fee implementation dates, and field classification changes. 

7.

Other Grant Request from Nanaimo Science & Sustainability Society

That Council direct Staff to award an ‘In-Kind’ facility rental ‘Other Grant’ to the Nanaimo Science & Sustainability Society to cover the costs of up to 105 hours for the use of outdoor City Park spaces.

8.

2024 Cultural Grant Funding Reallocation Recommendation

That Council approve the reallocation of available 2024 Culture & Event Project Grant funds as follows:

• Applicant Name: 8758999 Canada Society dba Artists’ Collective Theatre (ACT Theatre)
• Recommended: $6,000

b.

Governance and Priorities Committee Meeting 2024-MAR-25

[Note:  a link to the 2024-MAR-25 Governance and Priorities Committee Meeting agenda is provided for information.]

1.

Upcoming Topics and Initiatives

That Council direct Staff to add the Geotechnical Guidelines Review topic to the 2024-MAY-13 Governance and Priorities Committee Agenda.

2.

Transit-Oriented Areas

That Council direct Staff to prepare a Transit-Oriented Areas designation bylaw and amendments to the "Off-Street Parking Regulations Bylaw 2018 No. 7266" as outlined in the Staff report titled "Transit-Oriented Areas", dated 2024-MAR-25. 

3.

Development Approval Process Review

That Council:

1. support the recommendations as outlined in the 2024-MAR-25 report by Neilson Strategies Inc. titled "Development Approval Process Review" and;
2. direct Staff to work with the consultants to finalize the report and return to Council with a final draft of the report.

4.

Council Procedure Bylaw Amendments (Part One)

That Council direct Staff to add the following provisions to Council’s Procedure Bylaw:  

1. Section 9.1 – Order of Proceedings and Business
   To add a "Correspondence" section to Section 9.1 - Order of Proceedings and Business.
2. Section 19.4(c) - Delegations Pertaining to Council Agenda Items
   To add the words "been acted upon by Council or" in section 19.4(c).
3. Section 19.9 (b) – Delegations Pertaining to Council Agenda Items
   To retain the status quo of five minutes for delegations in Section 19.9 of Council’s Procedure Bylaw.
4. Section 19.14 - Delegations Unrelated to Agenda Items
   To retain the status quo of five minutes for delegations in Section 19.9 and that Section 19.10 removed.
5. Section 19.15(k) – Delegations Unrelated to Agenda Items
   To add a Section 19.15(k) which states: "if the Delegation has already spoken to Council on the same matter and no new significant information is provided."
6. Section 19.17 (c)- Delegations Unrelated to Agenda Items
   To add a Section 19.17(c) which states: "not act on a request from a delegation following the presentation unless consent by a two-thirds vote of Council present is given."
7. Section 23.1 – Question Period
   To retain question period in 23.1 at five minutes.
8. Section 50.4 and 50.5
   To make the necessary housekeeping amendments to Section 50.4 and 50.5 of Council’s Procedure Bylaw as outlined in Attachment 2 to the 2024-MAR-18 staff report by the Deputy Corporate Officer.
9. Section 51.9, 51.10, and 51.11
   To add the following Sections 51.9, 51.10, and 51.11:

Motion to Amend Minutes
51.9    A Council member may make a motion requesting that the minutes be amended to correct an inaccuracy or omission, however, the Corporate Officer should be advised of the challenge to the minutes at least one hour before the Council meeting at which the minutes are to be officially confirmed, to allow the Corporate Officer to review the recording of that meeting.

Meeting Recording to Determine Accuracy of Minutes
51.10    If a Council member questions the accuracy of a portion of the minutes of a Council meeting, Committee meeting, Court of Revision or Special Council meeting, the recording of that meeting, if available, shall be used to decide the question.

Adoption of Minutes
51.11    If there are no errors or omissions, Council must adopt the minutes as circulated.

5.

Council Procedure Bylaw Amendments (Part Two)

10.    Section 19.4(d) – Delegations Pertaining to Council Agenda Items

That Council select the following provision as Section 19.4(d) to Council’s Procedure Bylaw:

“Refuse to place a Delegation on the agenda if the matter relates to a bylaw in respect of which a public or statutory hearing has already been held or where third reading has been given”. 

6.

Council Procedure Bylaw Amendments (Part Three)

11.    Section 19.15 (a) – Delegations unrelated to Agenda Items

That Council direct staff to add the following provision as Section 19.15(a) to Council’s Procedure Bylaw:

“If the matter relates to a bylaw in respect of which a public or statutory hearing has already been held or where third reading has been given.”

7.

Council Procedure Bylaw Amendments (Part Four)

12.    Section 55.5 – Public Hearings

That Council direct Staff to delete sections 55.3, 55.4, and 55.5 of Council’s Procedure Bylaw.

8.

Council Procedure Bylaw Amendments (Part Five)

13.    Section 23.2– Question Period

That Council direct Staff to make the necessary amendments to Section 23.2 to clarify that questions during Question Period must pertain to business that is being considered by Council at that particular meeting.

11.

DELEGATIONS:

a.

Alan Clarke re: City Safety Plans and Drug Abuse

b.

Dan Brady re: The Municipal and Regional District Tax (MRDT)

c.

Dan Hula re:  Climate Change and Policy Making

d.

Nicole McPherson re: Housing 1300 Island Highway South

12.

REPORTS:

a.

Vancouver Island Military Museum Update

To be introduced by Richard Harding, General Manager, Community Services/Deputy CAO.

Purpose:  To provide Council with an update on operations at the Vancouver Island Military Museum.

Presentation:

1. Roger Bird, President, Vancouver Island Military Museum, and Brian McFadden, Vice-President, Vancouver Island Military Museum.

b.

Lease to BC Housing - 1435 Cranberry Avenue

To be introduced by Bill Corsan, Director, Corporate and Business Development.

Purpose:  To seek Council approval to issue a 60-year lease to the Provincial Rental Housing Corporation on City-owned land located at 1435 Cranberry Avenue to facilitate BC Housing’s construction of a non-market rental housing project.

Recommendation:  That Council approve the disposition of a 60-year lease of City-owned land located at 1435 Cranberry Avenue to the Provincial Rental Housing Corporation.

c.

Development Variance Permit Application No. DVP459 - 4894 Blue Jay Trail

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

Purpose:  To present for Council’s consideration a development variance permit application for a proposed addition to an existing dwelling at 4894 Blue Jay Trail. 

It is requested that Council hear anyone wishing to speak with respect to DVP459 - 4894 Blue Jay Trail.

Recommendation:  That Council issue Development Variance Permit No. DVP459 for a residential addition at 4894 Blue Jay Trail with a variance as outlined in the “Proposed Variances” section of the staff report titled "Development Variance Permit Application No. DVP459 - 4894 Blue Jay Trail" dated 2024-APR-08.

d.

Consent - RDN Separate Waste Container Requirement Service Establishment Bylaw No. 1908

To be introduced by Bill Sims, General Manager, Engineering and Public Works.

Purpose:  To obtain Council consent for "Regional District of Nanaimo Separate Waste Container Requirement Service Establishment Bylaw No. 1908, 2024".

Recommendation:  That Council either:

1. Consent on behalf of the electors to the adoption of "Regional District of Nanaimo Separate Waste Container Requirement Service Establishment Bylaw No. 1908, 2024" and further, that the Regional District of Nanaimo be notified accordingly; or
2. Object to the adoption of "Regional District of Nanaimo Separate Waste Container Requirement Service Establishment Bylaw No. 1908, 2024" and further, that the Regional District of Nanaimo be notified accordingly.

e.

Council Resolutions Update

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

[Note:  Report to be distributed on addendum.]

1.

Add - Report titled "Council Resolutions Update"

Purpose:  To provide Council with an update on resolutions that are in progress and complete and to seek Council direction on outstanding resolutions.

Recommendation:  That Council rescind the following motions:

1. “That Council direct staff to develop a permitted use for shipping containers also known as Sea Cans. To include requirements of zoning use and fee structure on a temporary and permanent basis for the now non-conforming shipping containers on industrial and commercial properties in the City of Nanaimo and further to look to update the residential permitted use.”
2. “That Council direct Staff to prepare a report regarding implications of correspondence from the Office of the Mayor, City of Burnaby, dated 2019-MAY-02, regarding “Expanding Investment Opportunities.”
3. “That Council direct staff to report back to Council on options for Nanaimo to participate in a potential Ministry of Transportation and Infrastructure pilot project limiting residential speed limits.”
4. “That Council direct staff to develop the 100,000 Voices Campaign concept and report back to Council with the marketing and communications plan, including a budget.”
5. “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.”

That Council select one of the following options:

1. That Council direct Staff to prepare a report in advance of the 2025 Council remuneration discussion in response to the following motion which was deferred at the 2019-DEC-02 Regular Council meeting: 

“That a report be prepared for Council with a draft policy and framework for reimbursing childminding expenses for members of Council and City Committee members that are incurred as a result of participation in official City of Nanaimo meetings.”

OR:

2. That Council rescind the following motion:

“That Council defer consideration of the following item to a future Governance and Priorities Committee meeting:

‘That a report be prepared for Council with a draft policy and framework for reimbursing childminding expenses for members of Council and City Committee members that are incurred as a result of participation in official City of Nanaimo meetings.’”

13.

BYLAWS:

a.

"Housing Legacy Reserve Fund Establishing Bylaw Amendment Bylaw 2024 No. 7299.01"

That "Housing Legacy Reserve Fund Establishing Bylaw Amendment Bylaw 2024 No. 7299.01" (to clarify the purpose for which the fund was established) be adopted.

b.

"Online Accommodation Platform Reserve Fund Bylaw 2024 No. 7374"

That "Online Accommodation Platform Reserve Fund Bylaw 2024 No. 7374" (to establish an Online Accommodation Platform Reserve Fund) be adopted. 

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Nanaimo Francophone Association Request for Letter of Support re: Application for Welcoming Francophone Community Status

16.

QUESTION PERIOD:

17.

ADJOURNMENT: