AGENDA
SPECIAL COUNCIL MEETING

Wednesday, September 21, 2022, 9:00 AM

SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE

80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS 12:00 - 1:00 P.M.

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1.

CALL THE MEETING TO ORDER:

2.

INTRODUCTION OF LATE ITEMS

3.

APPROVAL OF THE AGENDA:

4.

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-AUG-29 at 5:30 P.M.

5.

MAYOR'S REPORT:

6.

RISE AND REPORT:

a.

RISE AND REPORT

At the 2022-AUG-29 In Camera Council Meeting, Council appointed Nelson Allen to the Board of Variance for a three-year term ending 2025-AUG-29.

7.

CONSENT ITEMS:

a.

Advisory Committee on Accessibility and Inclusiveness Recommendation 2022-SEP-07

[Note: A link to the 2022-SEP-07 Advisory Committee on Accessibility and Inclusiveness meeting agenda is attached for information]

That Council direct staff to:

• Update the City of Nanaimo’s existing best practices for Complete Streets to consider the findings of the Transit Stop Accessibility Working Group;
• Develop an internal process to retrofit existing transit stops while consulting appropriate stakeholders; and,
• Work with the Advisory Committee on Accessibility and Inclusiveness members to determine and implement appropriate accessibility upgrades at existing transit stops.

8.

PRESENTATIONS:

9.

DELEGATIONS:

10.

REPORTS:

a.

Vancouver Island Conference Centre - Exterior Sign Replacement Project

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

Purpose:  To inform Council that the replacement project for the exterior LED sign at the Vancouver Island Conference Centre has been cancelled.

b.

Nuisance Property Abatement - 52 Athletic Street

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

Purpose:  To inform Council of ongoing activities at 52 Athletic Street which substantially and unreasonably interfere with other persons’ use and enjoyment of property, and require repeated calls for municipal and police services to abate nuisances.

Delegation:

1. Randolph Rauch

Recommendation:  That Council declare 52 Athletic Street a “Nuisance” pursuant to the “Nuisance Abatement and Cost Recovery Bylaw 2019 No. 7250”, and to authorize Staff to record and charge for municipal services including police required to abate nuisance activity.

c.

Continuation of Home Energy Assessment Rebates

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

Purpose:  To obtain approval of funding to support the continuation of home energy assessment rebates.

Recommendation:  That Council allocate $4,000 from the Climate Action Reserve Fund to support the continuation of City of Nanaimo’s home energy assessments rebates.

d.

Consideration of Other Grant Application (CatNap Society)

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To obtain Council approval for the Other Grant application received from the CatNap (Cats Needing Aid and Protection) Society.

Recommendation:  That Council:

1. Award an Other Grant in the amount of $15,000 for the 2022 calendar year to the CatNap Society, with funding of $2,000 from the existing Other Grants budget, and $13,000 from the Strategic Infrastructure Reserve Fund; and that the 2022-2026 Financial Plan be amended accordingly; and
2. Add a decision point for Council consideration to the 2023-2027 Financial Plan deliberations to increase the annual funding amount for the ‘Other Grant’ stream

e.

Consideration of New Permissive Tax Exemption

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To obtain Council approval for the Permissive Tax Exemption application received from the Nanaimo Hungarian Cultural Society for the property that it owns at 4840 Hammond Bay Road.

Recommendation:  That Council award a Permissive Tax Exemption commencing with the 2023 taxation year to the Nanaimo Hungarian Cultural Society for the property that it owns at 4840 Hammond Bay Road. 

f.

Quarterly Purchasing Report (Single and Sole Source Purchases in Excess of $250,000 and Instances of Non-Compliance Purchases)

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To provide information in compliance with the City’s Procurement Policy (COU-209) regarding single and sole source purchases, awards in excess of $250,000 and policy non‑compliance for the period 2022-APR-01 to 2022-JUN-30.

g.

Financial Results for the Six Months 2022-JUN-30

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To present Council a summary of the financial results for the six months ending 2022-JUN-30. 

h.

Council Expenses for the Six Months Ending 2022-JUN-30

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To present Council a summary of Council expenses for the six months ending 2022-JUN-30.

i.

Sustainable Procurement Update

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To provide information regarding Sustainable Procurement for the period 2021-JUL-01 to 2022-JUN-30.

j.

UBCM Asset Management Planning Grant Application - Ecological Accounting Process Partnership

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

Purpose:  To seek a Council resolution endorsing an application to the Union of British Columbia’s Asset Management Planning Grant program in support of a partnership between three municipalities, the Partnership for Water Sustainability and the Mount Arrowsmith Biosphere Region Research Institute to embed ecological accounting expertise within Vancouver Island University.

Recommendation:  That Council:

1. Direct staff to submit a joint application with the Regional District of Nanaimo, Municipality of North Cowichan, the Partnership for Water Sustainability and the Mount Arrowsmith Biosphere Region Research Institute to the Union of British Columbia’s Asset Management Planning Grant program for a project to embed ecological accounting expertise within Vancouver Island University;
2. Direct staff to provide overall grant management; and
3. Add a project to the 2022 – 2026 Financial Plan for $30,000 in 2023, 2024 and 2025, funded from the Strategic Infrastructure Reserve.

k.

BC Active Transportation Infrastructure Grant

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

Purpose:  To provide Council with information on potential projects for the B.C. Active Transportation Infrastructure Grant and obtain a Council resolution supporting applications for two projects.

Recommendation:  That Council direct staff to submit two applications under the Active Transportation Infrastructure Grant Program as follows:

1. Submit an application for the cycling and sidewalk portion of the Albert and Fourth Complete Street Ph 2 project, and confirm the local share of $847,793 is available and supported, the project is a municipal priority, and the project is "shovel ready” and intended to be complete within the required timeline.
2. Submit an application for the multi-use path portion of the Midtown Gateway project, and confirm the local share of $580,000 is available and supported, the project is a municipal priority, and the project is “shovel ready” and intended to be complete within the required timeline.

l.

Buttertubs Sanitary Sewer Upgrade Alignment Study

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

Purpose:  To request funding and direction for staff to undertake a study for the upgrade to the Buttertubs Sanitary Sewer.

Recommendation:  That Council direct Staff to undertake the Buttertubs Sanitary Sewer Alignment Study and add a project to 2022 for $150,000, funded from the Sanitary Sewer Reserve, to complete the work.

m.

Budget Transfer Disclosure - Kenwill, Ninth, and Laguna

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

Purpose:  To advise Council of budget transfers in excess of $100,000 for the Kenwill Drive Watermain Upgrades, Ninth Street Utility and Road Upgrades, and Laguna Way Watermain and PRV Upgrade.

n.

Officer Designation and Delegation of Authority Bylaw and Appeals Procedure Bylaw

To be introduced by Karen Robertson, Deputy City Clerk, Legislative Services.

Purpose:  To present Council with the following bylaws:

• • A revised Officer Designation and Delegation of Authority Bylaw that will streamline municipal decision making on more routine responsibilities of Council; and
  • An Appeals Procedure Bylaw that will provide a consistent process when matters that have been delegated to staff are to be reconsidered by Council. 

1.

Officer Designation and Delegation of Authority Bylaw

Recommendation:

That “Officer Designation and Delegation of Authority Bylaw, 2022 No. 7353” (a bylaw to provide for the appointment of Officers and the Delegation of Authority) be given first reading.

That “Officer Designation and Delegation of Authority Bylaw, 2022 No. 7353” be given second reading.  

That “Officer Designation and Delegation of Authority Bylaw, 2022 No. 7353” be given third reading.

2.

Appeals Procedure Bylaw

Recommendation:

That “Appeals Procedure Bylaw, 2022 No. 7354” (a bylaw to establish the procedure for hearing appeals) be given first reading.

That “Appeals Procedure Bylaw, 2022 No. 7354” be given second reading.

That “Appeals Procedure Bylaw, 2022 No. 7354” be given third reading.

11.

BYLAWS:

a.

"Subdivision Control Amendment Bylaw 2022 No. 3260.07"

That “Subdivision Control Amendment Bylaw 2022 No.3260.07” (To remove Schedules G and H) be adopted.

b.

“Zoning Amendment Bylaw 2021 No. 4500.192”

That “Zoning Amendment Bylaw 2021 No. 4500.192” (To rezone 6004 Nelson Road from Single Dwelling Residential [R1] to Low Density Residential [R6]) be adopted.

c.

"Building Bylaw Amendment Bylaw 2022 No. 7224.04"

That “Building Bylaw Amendment Bylaw 2022 No. 7224.04” (a bylaw to update the reference to the Fees and Charges Bylaw) be adopted.

d.

"Fees and Charges Bylaw 2022 No. 7336.03"

That “Fees and Charges Bylaw 2022 No. 7336.03” (To include Development Services fees within the Fees and Charges Bylaw) be adopted.

e.

"Development Approval Procedures and Notification Bylaw Amendment Bylaw 2022 No. 7356"

That “Development Approval Procedures and Notification Bylaw Amendment Bylaw 2022 No. 7356” (To update the reference to the Fees and Charges Bylaw) be adopted.

12.

NOTICE OF MOTION:

13.

OTHER BUSINESS:

a.

Councillor Armstrong re:  Boxwood Road Walkway

At the 2022-AUG-29 Regular Council Meeting, Councillor Armstrong advised that the following motions would be brought forward:

1.  That Council direct Staff to:
   1. work in consultation with affected businesses on Boxwood Road to remove barricades erected for the two-way bike lanes/walkway that are impeding the ability for trucks' safe access;
   2. proceed with Council’s direction to create a buffered walkway as previously adopted; and, 
   3. consult with the cyclist community, truck drivers, WorkSafe, ICBC, RCMP Traffic Services and the City’s liability insurer MIABC to ensure the viability of a buffered walkway.
2. That Council direct Staff to report back to Council with options and costs for an alternative paved walkway over the Midtown Watermain project next to Boxwood Road instead of the buffered walkway. 

14.

QUESTION PERIOD:

15.

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); 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.

16.

RISE AND REPORT:

17.

ADJOURNMENT: