AGENDA
REGULAR COUNCIL MEETING

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.


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;
(c)  labour relations or other employee relations;
(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; and,
(n)  the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2).

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2024-FEB-26 at 4:30 p.m.

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2024-MAR-04 at 4:30 p.m.

Minutes of the Mayor's Leaders' Table Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Friday, 2023-DEC-15 at 9:00 a.m. 

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-FEB-12 at 1:00 p.m.

Minutes of the Mayor's Leaders' Table Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Friday, 2024-MAR-08 at 8:31 a.m.

[Note:  a link to the 2024-MAR-08 Mayor's Leaders' Table Meeting agenda is provided for information.]

That Council invite Donna Hais to present to Council regarding the Healthcare Ecosystem Advocacy Group.

[Note:  a link to the 2024-MAR-11 Governance and Priorities Committee Meeting agenda is provided for information.]

That Council require a one hundred (100) metre notification distance for amendments to the Official Community Plan and/or Zoning Bylaw, in the Development Procedures and Notification Bylaw. 


That Council include a public information meeting requirement for amendments to the Official Community Plan and/or Zoning Bylaw, and significant Development Permits with associated variances that cannot be delegated for approval, in the Development Procedures and Notification Bylaw.

Section 9.1 – Order of Proceedings and Business


That Council direct Staff to add a “Correspondence” section to Section 9.1 - Order of Proceedings and Business within Council’s Procedure Bylaw.


Section 19.4(c) - Delegations Pertaining to Council Agenda Items


That Council direct Staff to add the words “been acted upon by Council” in Section 19.4(c) of Council’s Procedure Bylaw.


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


That Council add the following as Section 19(d) to Council’s Procedure Bylaw:

  1. Refuse to place a Delegation on the agenda if the mater relates to a bylaw in respect of which a public or statutory hearing has already been held or where third reading has been given; or
  2. Refuse to place a Delegation on the agenda if the matter relates to a bylaw in respect of which a public or statutory hearing is:
    i)    prohibited in accordance with Section 464 of the Local Government Act
    ii)    notice of first reading has been given where Council has decided not to hold a public hearing; or 
    iii)    has already been held.

Section 19.9(b) – Delegations Pertaining to Council Agenda Items


That Council retain the status quo of 5 minutes for delegations in Section 19.9 of Council’s Procedure Bylaw. 


Section 19.14 - Delegations Unrelated to Agenda Items (Page 59)


That Council retain the status quo of 5 minutes for delegations in Section 19.9 of Council’s Procedure Bylaw and that Section 19.10 be removed.


Section 19.15(a) – Delegations unrelated to Agenda Items


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

  1. 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; or
  2. if the matter relates to a bylaw in respect of which a public or statutory hearing is:
    i)  prohibited in accordance with Section 464 of the Local Government Act
    ii)  notice of first reading has been given where Council has decided not to hold a public hearing; or 
    iii)  has already been held.

Section 19.15(k) – Delegations Unrelated to Agenda Items


That Council direct Staff to add a Section 19.15(k) to Council’s Procedure Bylaw which states: “if the Delegation has already spoken to Council on the same matter and no new significant information is provided.”


Section 19.17(c)  – Delegations Unrelated to Agenda Items


That Council direct Staff to add a Section 19.17(c) to Council’s Procedure Bylaw 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."


Section 23.1 – Question Period 


That Council retain question period in Section 23.1 at 5 minutes.


Section 50.4 and 50.5


That Council direct Staff to make the necessary housekeeping amendments to Section 50.4 and 50.5 of Council’s Procedure Bylaw as outlined in Attachment 1 to the 2024-MAR-11 staff report by the Deputy Corporate Officer.


Section 51.9, 51.10, and 51.11


That Council direct Staff to add the following Sections 51.9, 51.10, and 51.11 to Council’s Procedure Bylaw:

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.


Section 55.5 – Public Hearings


That Council direct Staff to make the necessary housekeeping amendments to Section 55.5 of Council’s Procedure Bylaw as outlined in Attachment 1 to the 2024-MAR-11 staff report by the Deputy Corporate Officer.

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


Purpose:  To present for Council’s consideration a development variance permit application to vary the conditions of use in the COR3 zone to increase the maximum permitted gross floor area for an individual retail use within an existing building at 2517 Bowen Road.  


It is requested that Council hear anyone wishing to speak with respect to Development Variance Permit Application No. DVP462 - Unit 102 & Unit 104 - 2517 Bowen Road.


Recommendation:  That Council issue Development Variance Permit No. DVP00462 to increase the maximum permitted gross floor area for an individual retail use within an existing building at 2517 Bowen Road as outlined in the “Proposed Variance” section of the Staff Report titled "Development Variance Permit Application No. DVP462 - Unit 102 & Unit 104 - 2517 Bowen Road" dated 2024-MAR-18.

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


Purpose:  To provide Council with an update on the City of Nanaimo’s Short-Term Rental program, the new provincial and federal short-term rental legislation, and proposed regulatory amendments.


Presentation:

  1. Kasia Biegun, Planner, Community Planning

Recommendation:  That Council direct Staff to review the “Business Licence Bylaw 2021 No. 7318”; the “Bylaw Notice Enforcement Bylaw 2012 No. 7159”; and, the “Zoning Bylaw 2022 No. 4500”; and present amendments to these bylaws to improve short-term rental compliance and enforcement tools, including increasing the fines from $250 to $500 per infraction, per day.

To be introduced by Laura Mercer, General Manager, Corporate Services. 


Purpose:  The purpose of this report is to present a proposed amendment to the “Housing Legacy Reserve Fund Establishing Bylaw 2019 No. 7299” to clarify the purpose for which the fund may be used.


Recommendation: That:

  1. “Housing Legacy Reserve Fund Establishing Bylaw Amendment Bylaw 2024 No. 7299.01” (to clarify the purpose for which the fund was established) pass first reading;
  2. “Housing Legacy Reserve Fund Establishing Bylaw Amendment Bylaw 2024 No. 7299.01” pass second reading;
  3. “Housing Legacy Reserve Fund Establishing Bylaw Amendment Bylaw 2024 No. 7299.01” pass third reading; and,
  4. Council rescind the January 2011 Policy (COU-187) “Housing Legacy Reserve – Funding Allocation Criteria”.

To be introduced by Laura Mercer, General Manager, Corporate Services. 


Purpose:  To introduce “Online Accommodation Platform Reserve Fund Bylaw 2024 No. 7374 for first, second and third readings.


Recommendation: 

  1. That “Online Accommodation Platform Reserve Fund Bylaw 2024 No. 7374” (to establish an Online Accommodation Platform Reserve Fund) pass first reading;
  2. That “Online Accommodation Platform Reserve Fund Bylaw 2024 No. 7374” pass second reading; and
  3. That “Online Accommodation Platform Reserve Fund Bylaw 2024 No. 7374” pass third reading.

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