AGENDA

REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, February 04, 2019
Time:	4:30 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.

---

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;

(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; and,

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

3.

INTRODUCTION OF LATE ITEMS:

4.

APPROVAL OF THE AGENDA:

5.

ADOPTION OF THE MINUTES:

a.

Minutes

Minutes of the Special Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2019-JAN-14, at 4:30 p.m.

b.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2019-JAN-21, at 5:30 p.m.

6.

MAYOR'S REPORT:

a.

Code of Conduct Signing

During the January 28th Committee of the Whole meeting Council agreed to adopt and sign the accompanying declaration at the next regular meeting of Council.

7.

PRESENTATIONS:

a.

2018 Community Development Year in Review

Dale Lindsay, Director of Community Development, to provide a presentation regarding the Community Development Department in 2018.

8.

DELEGATIONS:

9.

CONSENT ITEMS:

10.

REPORTS:

a.

Development Permit Application No. DP1102 - 1228 Manzanita Place

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present for Council’s consideration, a development permit application for four residential units at 1228 Manzanita Place.

Recommendation:  That Council issue Development Permit No. DP1102 at 1228 Manzanita Place with the following variances:

• reduce the minimum front yard setback for proposed Building B from 6m to 5.4m;
• reduce the minimum front yard setback for proposed Building C from 6m to 4.5m;
• increase the maximum building heights for proposed Buildings A, C and D from 7m to 9m; and
• increase the maximum building height for proposed Building B from 7m to 8.2m.

b.

Covenant Amendment Application No. CA10 - 1371 Stewart Avenue

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present Council with an application to amend a Section 219 covenant registered on the property title of 1371 Stewart Avenue in order to remove restriction on the use of this property.

Recommendation:  That Council direct Staff to proceed with a Public Hearing for Covenant Amendment Application No. CA10 at 1371 Stewart Avenue. 

c.

Front Street Extension - Budget Transfer

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To request Council approval to change the funding strategy for the walkway component of the Front Street Extension/Waterfront Walkway project.

Presentation:

1. Phil Stewart, Manager, Engineering Projects.

Recommendation:  That Council:

1. approve a change to the funding strategy for the walkway component of the Front Street Extension project; and,
2. direct Staff to submit a revised grant application to Union of BC Municipalities for the waterfront walkway project at 1 Port Drive for evaluation.

d.

Union of BC Municipalities Funding Program for Flood Risk Assessment, Mapping and Mitigation Planning

To be introduced by Bill Sims, Director of Engineering and Public Works.

Purpose:  To seek a Council resolution to apply for a Union of BC Municipalities (UBCM) Grant for a Flood Risk Assessment for the City’s water supply dams.

Recommendation:  That Council:

1. endorse the funding application for the South Fork and Jump Creek Dams Inundation Mapping under the Union of BC Municipalities Funding Program and Flood Risk Assessment, Mapping and Mitigation Planning; and,
2. direct Staff, upon a successful grant application, to amend the 2019 – 2023 Financial Plan to accelerate the South Fork and Jump Creek Dams Inundation Mapping project from year three (2021) to year two (2020) of the plan with funding to be a combination of grant funding and water reserves.

11.

BYLAWS:

a.

"Housing Agreement Amendment Bylaw 2019 No. 7262.01"

That "Housing Agreement Amendment Bylaw 2019 No. 7262.01" (To amend the bylaw to ensure that all existing and future housing units on the site are used for affordable housing , and to update an outdated reference to the Local Government Act) be adopted.

b.

"Highway Closure and Dedication Removal Bylaw 2019 No. 7274"

That "Highway Closure and Dedication Removal Bylaw 2019 No. 7274" (To provide for highway closure and dedication removal of a portion of Labieux Road adjacent to 2560 Bowen Road) pass third reading.

c.

"Housing Agreement Bylaw 2019 No. 7280"

That "Housing Agreement Bylaw 2019 No. 7280" (To authorize a Housing Agreement between the City of Nanaimo and 0948423 BC Ltd. pertaining to 548 Steeves Road) be adopted.

d.

Bylaw Status Sheet (For Information Only)

12.

CORRESPONDENCE:

13.

NOTICE OF MOTION:

14.

OTHER BUSINESS:

a.

Councillor Maartman Motion re: Carbon Initiative

During the Regular Council meeting held 2019-JAN-21 Councillor Maartman advised that at a future meeting of Council she would be bringing forward the following motion for consideration:

“That the City of Nanaimo declare a climate emergency and takes a leadership role towards achieving carbon neutrality by 2030.”

b.

Councillor Bonner Motion re: Cannabis and Farm Use Activities

During the Regular Committee of the Whole Meeting held 2019-JAN-28 Councillor Bonner advised that at a future meeting of Council he would be bringing forward the following motion for consideration:

"WHEREAS the Agricultural Land Commission Act states "farm use" means an occupation or use of land for farm purposes, including farming of land, plants and animals and any other similar activity designated as farm use by regulation, and includes a farm operation as defined in the Farm Practices Protection (Right to Farm) Act;

AND WHEREAS the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (the ALR Regulation) has differentiated the lawful production of cannabis from other “farm use” by limiting the structures for production, and narrowing the definition of ‘necessary’ activities under section 2(3), unlike any other crop in British Columbia:

THEREFORE, BE IT RESOLVED that the AVICC request the provincial government to amend the ALR Regulation so that the lawful production of cannabis aligns with the growing structures and site development measures available for all other crops.  More specifically, placing limits on the unique concrete structure growing method initially targeted for regulation to all crops. Thus enabling cannabis, when grown as any other crop, to be deemed a “farm use”, as defined in the Agricultural Land Commission Act and a “farm operation” under the Farm Practices Protection (Right to Farm). Circumscribing cannabis production in structures that are lawful by regulation for all other crops, may not withstand judicial review."

c.

Councillor Bonner Motion re: Cannabis Plants on the Agricultural Land Reserve

During the Regular Committee of the Whole Meeting held 2019-JAN-28 Councillor Bonner advised that at a future meeting of Council he would be bringing forward the following motion for consideration:

"WHEREAS the Agricultural Land Commission Act states "farm use" means an occupation or use of land for farm purposes, including farming of land, plants and animals and any other similar activity designated as farm use by regulation, and includes a farm operation as defined in the Farm Practices Protection (Right to Farm) Act;

AND WHEREAS the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (the ALR Regulation) has differentiated the lawful production of cannabis from other “farm use” by limiting the structures for production, and narrowing the definition of ‘necessary’ activities under section 2(3), unlike any other crop in British Columbia: 

THEREFORE, BE IT RESOLVED that the AVICC request the provincial government to amend the ALR Regulation in order to clarify the interpretation of section 2(2.5) of the ALR Regulation regarding the lawful production of cannabis “inside a structure (a) that has a base consisting entirely of soil”, and clarify that when producing cannabis in a greenhouse, it has the same meaning as “Greenhouse” under section 2(o)(i) of the Regulation.  Circumscribing cannabis production in structures that are lawful by regulation for all other crops, may not withstand judicial review. 

AND BE IT FURTHER RESOLVED THAT the AVICC request the provincial government to amend the ALR Regulation section 2(2.5) to resemble something like the following:

(2.5) The lawful production of cannabis is designated as farm use for the purposes of the Act if produced outdoors in a field or inside a structure

(a) which has a base consisting entirely of soil, and

(i) that is moveable in nature; or

(ii) on a helical pile foundation; or

(iii) whose base does not create irreversible damage to the soil."

d.

Councillor Bonner Motion re: Low Impact Foundation Systems for Farm Use Structures

During the Regular Committee of the Whole Meeting held 2019-JAN-28 Councillor Bonner advised that at a future meeting of Council he would be bringing forward the following motion for consideration:

"WHEREAS the structural use of concrete as a foundation system and associated fill, is known to cause irreparable damage to soil biology and render a site unfit for soil-based crops in the future, and low-impact, low carbon, removable foundation technologies are available as a new standard for agricultural structure foundations;

AND WHEREAS the Agricultural Land Commission Act, and the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (the ALR Regulation) regulate “farm use” structures on the agricultural land reserve (ALR) and the deposit of fill is considered a farm use for all activities under sections 2(1) to (2.2), and does not require notification to the ALR except under limited circumstances, and the National Farm Building Code applies to all agricultural “farm use” structures;

THEREFORE, BE IT RESOLVED that the AVICC request the provincial government to encourage the use of low carbon, low impact, cement-free foundation technologies for farm use structures and buildings within the ALR, thereby reducing the deposition of fill material and elimination of arable soil capability in the long term."

e.

Councillor Bonner Motion re: Retrofitting of Structures to Reduce Impact of New Construction

During the Regular Committee of the Whole Meeting held 2019-JAN-28 Councillor Bonner advised that at a future meeting of Council he would be bringing forward the following motion for consideration:

"WHEREAS the Agricultural Land Commission Act, and the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (the ALR Regulation) Section 2(2.5)(b) has limited cannabis production to existing structures which were previously utilized for crop production, or were under continuous production prior to the regulatory change, eliminating the ability to convert non-crop or other structures within the Agricultural Land Reserve (ALR);

AND WHEREAS the Cannabis Act and Regulations require “good production practices” that create hygienic conditions for the cultivation and production of cannabis, and existing structures are available for federally compliant conversion, which would strengthen municipal 2018 BC Building Code oversight, reduce the pressure for new construction, and facilitate contribution to the local and BC Economy: 

THEREFORE, BE IT RESOLVED that the AVICC request the provincial government to amend the ALR Regulation to allow for the retrofitting of existing non-residential structures on the ALR for cannabis production."

f.

Councillor Bonner Motion re: Indoor Agricultural Fertilization Practices

During the Regular Committee of the Whole Meeting held 2019-JAN-28 Councillor Bonner advised that at a future meeting of Council he would be bringing forward the following motion for consideration:

"WHERESAS water sustainability, healthy watersheds and ground water are of vital importance and, commercial fertilizers can be damaging to groundwater and influence water quality in   watersheds;

AND WHEREAS the use of fertilizers in greenhouses and indoor structures creates effluent that contains concentrated commercial fertilizers which, if released untreated can be damaging to groundwater and the overall watershed:

THEREFORE, BE IT RESOLVED that the AVICC request that the provincial government explore including in the BC Agricultural Best Practices, the requirement for closed loop greenhouse irrigation systems in commercial greenhouse and indoor agricultural structures, to prevent commercial fertilizers from being emitted into the environment."

15.

QUESTION PERIOD:

16.

ADJOURNMENT: