MERGED AGENDA 

REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, September 16, 2019
Time:	3:30 p.m. to Proceed "In Camera", Open Meeting to reconvene at 7:00 p.m.
Location:	SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE 80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS AT 9:00 P.M.

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1.

CALL 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;

(g) litigation or potential litigation affecting 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); 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.

a.

Add Community Charter Section 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.

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, 2019-SEP-09 at 4:30 p.m.

6.

MAYOR'S REPORT:

7.

PRESENTATIONS:

8.

DELEGATIONS:

9.

CONSENT ITEMS:

a.

Advisory Committee Minutes

1.

Minutes of the Health and Housing Task Force Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Wednesday, 2019-AUG-07, at 3:00 p.m.

b.

Add - Committee Recommendations

1.

Governance and Priorities Committee Meeting 2019-SEP-09

1.

2020 Strategic Policy Development

That Council endorse the draft work plan and guiding principles for the 2020 strategic policy development process:

1. Build on successful policies in existing documents;
2. Incorporate Council’s strategic themes identified in the Strategic Plan: Environmental Responsibility, Governance Excellence, Livability, and Economic Health;
3. Acknowledge and address the priorities of climate change, reconciliation, and sustainable service delivery;
4. Include robust community engagement in the creation of plans and strategies;
5. Provide a clear and coordinated vision to guide community-building for the next 25 years; and,
6. To provide a method which allows for the evaluation and measurement of plans and strategies.

10.

REPORTS:

a.

195 and 191 Fourth Street Co-Management Agreement Disposition - Nanaimo Search and Rescue

To be introduced by Richard Harding, General Manager, Parks, Recreation and Culture.

Purpose:  To obtain Council approval to issue a 25-year co-management agreement to the Nanaimo Search and Rescue for the continued operation of the Nanaimo Search and Rescue at 195 and 191 Fourth Street.

Presentation:

1. Donna Hais

Recommendation:  That Council:

1. approve a 25-year co-management agreement with the Nanaimo Search and Rescue at 195 and 191 Fourth Street; and
2. authorize the Mayor and Corporate Officer to execute the agreement.

b.

Municipal and Regional District Tax Renewal Bylaw

To be introduced by Richard Harding, General Manager, Parks, Recreation and Culture.

Purpose:  To obtain Council approval to increase the rate of the Municipal and Regional District Tax (MRDT) on accommodation from two percent to three percent.

Presentation:

1.  Dan Brady, Executive Director, Nanaimo Hospitality Association

Recommendation:  That:

1. “Accommodation Tax Request Bylaw 2019 No. 7294” (To increase the Municipal and Regional District Tax (MRDT) rate from two percent to three percent) pass first reading;
2. “Accommodation Tax Request Bylaw 2019 No. 7294” pass second reading;
3. “Accommodation Tax Request Bylaw 2019 No. 7294” pass third reading; and,
4. Council direct Staff to submit an application to Destination BC to request that the Municipal and Regional District Tax rate be increased to three percent.

1.

Change presenter to Calum Matthews, Director, Destination Development, Tourism Vancouver Island. 

c.

City of Nanaimo Privacy Policy & Whistleblower Policy

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

Purpose:  To present Council with the Draft City of Nanaimo Privacy Policy and Draft City of Nanaimo Whistleblower Policy for approval.

Recommendation:  That Council:

1. approve the City of Nanaimo Privacy Policy as presented in the report titled “City of Nanaimo Privacy Policy & Whistleblower Policy” dated 2019-SEP-16.
2. approve the City of Nanaimo Whistleblower Policy as presented in the report titled “City of Nanaimo Privacy Policy & Whistleblower” dated 2019-SEP-16.

d.

Building Bylaw Amendments

To be introduced by Dale Lindsay, General Manager, Development Services.

Purpose:  To introduce amendments to “Building Bylaw 2016 No. 7224” and the “Bylaw Notice Enforcement Bylaw 2012 No. 7159” for Council’s consideration.

Presentation:

1. Rob Lawrence, Environmental Planner.

Recommendation:  That:

1. “Building Amendment Bylaw 2019 No. 7224.02” (To introduce BC Energy Step Code regulations, amend demolition permit expiration, amend works and services exemptions, and amend Schedule A - Fine Schedule) pass first reading;
2. “Building Amendment Bylaw 2019 No. 7224.02” pass second reading;
3. “Building Amendment Bylaw 2019 No. 7224.02” pass third reading;
4. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.07” (To update Building Bylaw penalty fees in Schedule A - Designated Bylaw Contraventions and Penalties) pass first reading;
5. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.07” pass second reading; and
6. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.07” pass third reading.

e.

Step Code Implementation - Zoning Bylaw Schedule D and Rezoning Policy

To be introduced by Dale Lindsay, General Manager, Development Services.

Purpose:  To amend Schedule D of “City of Nanaimo Zoning Bylaw 2011 No. 4500” to include amenity points for buildings in compliance with BC Energy Step Code and seek direction to prepare a building energy efficiency rezoning policy.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2019 No. 4500.154” (To amend Schedule D of the Zoning Bylaw to modify Category 5 – Energy Management to include reference to the BC Energy Step Code) pass first reading;
2. “Zoning Amendment Bylaw 2019 No. 4500.154” pass second reading; and
3. Council direct Staff to develop a building energy efficiency rezoning policy.

11.

BYLAWS:

a.

"Zoning Amendment Bylaw 2019 No. 4500.144"

That "Zoning Amendment Bylaw 2019 No. 4500.144" (To rezone 52 Victoria Crescent to allow "Cannabis Retail Store" as a site-specific use in the Terminal Avenue [DT4] zone) be adopted.

b.

"Traffic and Highways Regulation Amendment Bylaw 2019 No. 5000.046"

That "Traffic and Highways Regulation Amendment Bylaw 2019 No. 5000.046" (To remove the time-limit and payment exemptions for vehicles displaying disabled parking permits in City parkades) be adopted.

c.

Bylaw Status Sheet (For Information)

12.

CORRESPONDENCE:

a.

Correspondence dated 2019-AUG-13 from the Office of the Ombudsperson regarding their quarterly report:  April 1 - June 30, 2019.

13.

NOTICE OF MOTION:

14.

OTHER BUSINESS:

15.

QUESTION PERIOD:

16.

ADJOURNMENT: