AGENDA
REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, December 16, 2019
Time:	4:00 to Proceed In Camera, Reconvene Open Meeting 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:

(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;

(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;

(f) law enforcement, if the Council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;

(g) litigation or potential litigation affecting the municipality;

(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the Council or a delegate of Council;

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

(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;

(l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under Section 98 [annual municipal report];

(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, 2019-DEC-02, at 4:00 p.m.

6.

MAYOR'S REPORT:

7.

PRESENTATIONS:

a.

Civic Sports and Culture Merit Awards

Councillor Thorpe, Councillor Hemmens and Councillor Maartman to present the 2019 Civic Sport and Culture Merit Awards to local recipients and teams for their Provincial and National accomplishments.

b.

Anthony Everett, President and CEO, Tourism Vancouver Island, and Karen Bannister, Director of Destination Marketing and Executive Director, Tourism Vancouver Island re:  Tourism Nanaimo

Anthony Everett, President and CEO, Tourism Vancouver Island, and Karen Bannister, Director of Destination Marketing and Executive Director, Tourism Vancouver Island, to provide an update on Tourism in Nanaimo.

c.

Robert Schmidt, Chief Development Officer, and McKay Quinn, Development Manager, PEG Developments re:  100 Gordon Street

Robert Schmidt, Chief Development Officer, and McKay Quinn, Development Manager, to provide Council with a presentation regarding 100 Gordon Street.

d.

Lauren Semple re:  Urban Art Gallery Project and Open Art Wall

Lauren Semple to provide an update regarding the Urban Art Gallery Project and Open Art wall initiative, one year after its completion.

8.

CONSENT ITEMS:

a.

Advisory Committee Minutes

1.

Minutes of the Governance and Priorities Committee meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Monday 2019-NOV-04 at 1:00 p.m.

2.

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-NOV-13 at 3:00 p.m.

3.

Minutes of the Design Advisory Panel meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Thursday, 2019-NOV-14 at 5:00 p.m.

b.

Committee Recommendations

1.

Governance and Priorities Committee Recommendation 2019-DEC-09

[Note:  A link to the 2019-DEC-09 Governance and Priorities Committee Agenda is attached for information.]

1.

Advisory Committee on Accessibility and Inclusiveness

That Council establish an Advisory Committee on Accessibility and Inclusiveness and adopt the associated Terms of Reference as presented in “Attachment A” of the report titled “Advisory Committee on Accessibility and Inclusiveness”, dated 2019-DEC-09, including amendments for an at large membership model.

9.

DELEGATIONS:

a.

Les Barclay re:  City of Nanaimo Government Transparency in 2019

Les Barclay to provide Council with a presentation which will review the City of Nanaimo government transparency in regards to "Good Governance" in 2019.

10.

REPORTS:

a.

2020-2024 Financial Plan Bylaw

To be introduced by Laura Mercer, Director, Finance

Purpose:  To introduce “Financial Plan Bylaw 2019 No. 7307” for first, second and third readings.

Recommendation:  That:

1. “Financial Plan Bylaw 2019 No. 7307” (To confirm and adopt the 2020 – 2024 Financial Plan) pass first reading;
2. “Financial Plan Bylaw 2019 No. 7307” pass second reading; and,
3. “Financial Plan Bylaw 2019 No. 7307” pass third reading.

b.

Internal Borrowing Resolution

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To have Council approve an internal borrowing resolution for the portion allocated to growth for Sanitary Sewer project DCC SS19: Millstone Trunk South.

Recommendation:  That Council approve internal borrowing from the Development Cost Charge (DCC) City Wide Drainage Reserve Fund in the amount of $1,165,265 in 2020 and $2,088,600 in 2021 to fund the Sanitary Sewer DCC project SS19: Millstone Trunk South, for a 20 year term at an interest rate of 2%.  Repayment of the internal borrowing to be from sewer operations.

c.

Council Remuneration

To be introduced by Jake Rudolph, Chief Administrative Officer.

Purpose:  To provide an update to Council on the Council motion of 2018-DEC-17 regarding Council remuneration and to seek direction from Council regarding the Council Remuneration Review.

Recommendation:  That Council:

1. approve the draft terms of reference to establish an independent task force commencing in 2020 to undertake the review of the Council Spending and Amenities Policy with a focus on Council Remuneration; and,
2. approve a Selection Committee comprising of the CAO, Director of Human Resources and Director of Legislative Services to review applicants and to select members of the Task Force, in accordance with the selection criteria contained in the Terms of reference.

d.

2020 Design Advisory Panel Key Date Calendar

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

Purpose:  To request Council approve the 2020 Design Advisory Panel key date calendar as presented.

Recommendation:  That Council approve the 2020 Design Advisory Panel key date calendar as presented.

e.

Design Advisory Panel Mandate and Objectives Amendment

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

Purpose:  To obtain Council approval to amend the Design Advisory Panel Mandate and Objectives to include an alternate member of Council.

Recommendation:  That Council direct Staff to amend the Design Advisory Panel Mandate and Objectives to include an alternate Council Member.

f.

Departure Bay Road Seasonal Traffic Calming Pilot Project Update

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

Purpose:  This report provides information to Council with the results of the temporary installation of the 40 km/h speed zone on Departure Bay Road adjacent to Departure Bay beach.

g.

2020/2021 Street Banner Design Competition - Theming

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

Purpose:  To provide Council an update on the request to theme the 2020/2021 Street Banner Design Competition with the Rotary Club of Nanaimo’s colour scheme and six key areas of focus.

h.

2020 Temporary Outdoor Public Art Recommendations

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

Purpose:  To obtain Council approval of the 2020 Temporary Outdoor Public Art recommendations.

Recommendation:  That Council approve the 2020 Temporary Outdoor Public Art selections totaling $28,000 as recommended by the selection panel:

Artist Name	Artwork Name	Category
Joanne Helm	Joy in the Life and Balance	A ($1,000)
Maggie Wouterloot	History Needs a Rewrite	A ($1,000)
Peter Achurch	Sea Bed	A ($1,000)
Steve Milroy	The Fossil Laughs	A ($1,000)
Bryan Faubert	Out from Out Where: Beyond Liminality	B ($4,000)
Deryk & Samuel Houston	Jardiniere	B ($4,000)
Joel Prevost	Name your dog!	B ($4,000)
Maggie Wouterloot	Our Common Ancestor	B ($4,000)
Marc Walter	Not Out of the Woods	B ($4,000)
Troy Moth	Untitled	B ($4,000)

i.

Tree Removal Permit Application for 950 Phoenix Way

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  For Council to reconsider the Director’s decision with respect to a Tree Removal Permit application pursuant to Section 52 of the Community Charter. 

Delegation:

1.  Glenn Brower, Oceanview Golf Resort and Spa Ltd.

Recommendation:  That Council provide direction with respect to the Director’s decision to deny a Tree Removal Permit for 950 Phoenix Way.

j.

Development Permit Application No. DP1136 - 470 Franklyn Street

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration, a development permit application for a four-storey multi-family building with nine residential units.

Recommendation:  That Council issue Development Permit No. DP1136 at 470 Franklyn Street with the following variances to:

• increase the building height from 12.0m to 15.3m; and
• reduce the minimum setback for a garbage enclosure adjacent to a property zoned for residential use from 3m to 0m. 

k.

Development Permit Application No. DP1152 - 2462 Rosstown Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration, a development permit application to permit the construction of a shared access driveway, engineered ponds, and riparian plantings within the watercourse leave strip in conjunction with a subdivision. The application includes a request for a variance to allow a driveway to cross a creek.

Recommendation:  That Council issue Development Permit No. DP1152 at 2462 Rosstown Road with the following variance:

• reduce the minimum watercourse setback from 7.5m to 0m in order to permit the construction of a shared access driveway within the watercourse leave strip area.

l.

Rezoning Application No. RA401 - 4771 Hammond Bay Road

To be introduced by Jeremy Holm, Director, Development Approvals.s.

Purpose:  To present Council with an application to rezone the subject property at 4771 Hammond Bay Road from Single Dwelling Residential (R1) to Low Density Residential (R6) in order to permit a multi-family development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2019 No. 4500.170” (To rezone 4771 Hammond Bay Road from Single Dwelling Residential [R1] to Low Density Residential [R6]) pass first reading;
2. “Zoning Amendment Bylaw 2019 No. 4500.170” pass second reading; and
3. Council direct Staff to secure the community amenity contribution prior to adoption of the bylaw, should Council support the bylaw at third reading.

m.

Rezoning Application No. RA433 - 4271 Jingle Pot Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present Council with an application to rezone portions of the subject property at 4271 Jingle Pot Road from Single Dwelling Residential (R1) and Duplex Residential (R4) to Low Density Residential (R6), R1, and R4, to allow for a multi-family residential development and to align existing zone boundaries with a proposed subdivision.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2019 No. 4500.168” (To rezone portions of 4271 Jingle Pot Road from Single Dwelling Residential [R1] and Duplex Residential [R4] to Low Density Residential [R6], R1, and R4) pass first reading;
2. “Zoning Amendment Bylaw 2019 No. 4500.168” pass second reading; and
3. Council direct Staff to secure the community amenity contribution should Council support the bylaw at third reading.

n.

Proposed Telecommunications Tower - 2250 McGarrigle Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present Council with information regarding a request from Rogers Communications Inc., for land use concurrence for a proposed telecommunications tower at 2250 McGarrigle Road.

Recommendation:  That Council give direction for Staff to provide a letter of concurrence to “Innovation, Science and Economic Development Canada” in response to a proposed 20m telecommunications facility at 2250 McGarrigle Road.

11.

BYLAWS:

a.

“Sewer Regulation and Charge Amendment Bylaw 2019 No. 2496.32”

That “Sewer Regulation and Charge Amendment Bylaw 2019 No. 2496.32” (To set the 2020 rates for sanitary sewer) be adopted.

b.

“Waterworks Rate and Regulation Amendment Bylaw 2019 No. 7004.15”

That “Waterworks Rate and Regulation Amendment Bylaw 2019 No. 7004.15” (To set the 2020 water rates) be adopted.

c.

“South West Bulk Water Rate Amendment Bylaw 2019 No. 7099.08”

“South West Bulk Water Rate Amendment Bylaw 2019 No. 7099.08” (To set the 2020 bulk water rates for South West Extension) be adopted.

d.

“Municipal Solid Waste Collection Amendment Bylaw 2019 No. 7128.11”

That “Municipal Solid Waste Collection Amendment Bylaw 2019 No. 7128.11” (To update the bylaw to set rates for 2020) be adopted.

e.

Bylaw Status Sheet (For information only)

12.

NOTICE OF MOTION:

13.

OTHER BUSINESS:

14.

QUESTION PERIOD:

15.

ADJOURNMENT: