AGENDA
REGULAR COUNCIL MEETING

Monday, March 21, 2022

5:00 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.

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1.

CALL THE MEETING 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; 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 Regular Meeting of Council held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-FEB-28 at 4:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

a.

Update on Development Cost Charges rate review in the Regional District of Nanaimo

Presentation from Sean De Pol, Director, Water and Wastewater Services, Regional District of Nanaimo. 

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Environment Committee meeting held electronically on Wednesday, 2022-JAN-26, at 5:00 p.m.

b.

Minutes

Minutes of the Finance and Audit Committee Meeting held electronically on Wednesday, 2022-FEB-16, at 9:02 a.m.

c.

Minutes

Minutes of the Advisory Committee of Accessibility and Inclusiveness held electronically on Wednesday, 2022-FEB-23, at 3:58 p.m.

10.

CONSENT ITEMS:

11.

DELEGATIONS:

a.

Burnie Smith re:  Dumont Road and Metral Drive Intersection

12.

REPORTS:

a.

Parks, Recreation & Culture Bylaw and Associated Policies

To be introduced by Lynn Wark, Director, Recreation and Culture.

Purpose:  To bring forward administrative amendments associated with the structure of the Parks, Recreation & Culture Bylaw as part of the Bylaw and Policy Renewal project.

Recommendation:  

Parks, Recreation & Culture Bylaw: 

1. That “Parks, Recreation and Culture Regulation Bylaw 2022 No. 7340” (A bylaw to regulate parks, recreation & culture services and facilities within the City of Nanaimo) pass first reading.
2. That “Parks, Recreation and Culture Regulation Bylaw 2022 No. 7340” pass second reading.
3. That “Parks Recreation and Culture Regulation Bylaw 2022 No. 7340” pass third reading.

Fees and Charges Amendment Bylaw:

1. “Fees and Charges Amendment Bylaw 2022 No. 7336.01” (A bylaw to add the existing parks, recreation & culture fees and charges to the Fees and Charges Bylaw) pass first reading.
2. That “Fees and Charges Amendment Bylaw 2022 No. 7336.01” pass second reading.
3. That “Fees and Charges Amendment Bylaw 2022 No. 7336.01” pass third reading.

Bylaw Notice Enforcement Bylaw:

1. That “Bylaw Notice Enforcement Amendment Bylaw 2021 No. 7159.16” (A bylaw to add the fines associated with the new Parks, Recreation & Culture Regulation Bylaw) pass first reading.
2. That “Bylaw Notice Enforcement Amendment Bylaw 2021 No. 7159.16” pass second reading.
3. That “Bylaw Notice Enforcement Amendment Bylaw 2021 No. 7159.16” pass third reading. 

Guiding Principles for Parks, Recreation & Culture Fees, Charges & Rentals Council Policy
That Council endorse the Guiding Principles for Parks, Recreation and Culture Fees, Charges and Rentals Council Policy as attached to the March 21, 2022 report by the Deputy City Clerk.

b.

Municipal Security Issuing Resolution - Fire Station No. 1

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To seek Council’s approval for borrowing $280,269 (the fourth and final draw) from the Municipal Financial Authority (MFA) for Fire Station No. 1 (a project previously approved by Council) in 2018.

Presentation:

1. Jodi Le Masurier, Deputy Fire Chief - Administration. 

Recommendation:  That Council:

1. Approve borrowing two hundred eighty thousand, two hundred and sixty nine dollars ($280,269) from the Municipal Finance Authority of British Columbia, as part of the 2022 fall Borrowing Session and as authorized through “Fire Station #1 Borrowing Bylaw 2018 No. 7257”; and, 
2. That the Regional District of Nanaimo be requested to consent to the City of Nanaimo borrowing the two hundred eighty thousand, two hundred and sixty nine dollars ($280,269) over a 20-year term and include the borrowing in a Security Issuing Bylaw.

c.

Illegal Structure, Shipping Container, Home Based Business Regulations Contravention - 6630 Valley View Drive

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer. 

Purpose:  To obtain Council authorization to enforce the provisions of the Community Charter related to contraventions of Zoning Bylaw 4500.

Recommendation:  That Council: 

1. issue a Remedial Action Order for bylaw contraventions at 6630 Valley View Drive pursuant to Sections 72, 73 and 74 of the Community Charter;
2. direct Staff or its authorized agents to take action in accordance with Section 17 of the Community Charter without further notice and at the owner’s expense if the said remedial action is not undertaken within 30 days of Council’s resolution; and,
3. direct that the remedial action consist of removing unpermitted structures and shipping containers.

d.

Housing Agreement Repeal Bylaw  – 416 Wakesiah Avenue

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To present a bylaw to repeal the original housing agreement for 416 Wakesiah Avenue that limited a student housing development to 44 beds so that the existing housing agreement (to authorize 117 beds) can be registered.

Recommendation: That:

1. “Housing Agreement Repeal Bylaw 2022 No. 7344” (a bylaw to repeal Housing Agreement Bylaw 2016 No. 7226 for 416 Wakesiah Avenue) pass first reading;
2. “Housing Agreement Repeal Bylaw 2022 No. 7344” pass second reading; and
3. “Housing Agreement Repeal Bylaw 2022 No. 7344” pass third reading.

13.

BYLAWS:

a.

“Regional Parks and Trails Parcel Tax Repeal Bylaw 2022 No. 7343”

That “Regional Parks and Trails Parcel Tax Repeal Bylaw 2022 No. 7343” (To repeal “Parcel Tax Roll Preparation Bylaw 2021 No. 7323” and “Regional Parks and Trails Parcel Tax Bylaw 2021 No. 7324”) be adopted.

b.

“Housing Agreement Bylaw 2022 No. 7342”

That “Housing Agreement Bylaw 2022 No. 7342” (To authorize a Housing Agreement securing no independent sales for 50% of the dwelling units at 6030 Linley Valley Drive) be adopted.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Councillor Armstrong Motion re:  The Caledonia Warming Centre

At the 2022-FEB-28 Regular Council Meeting, Councillor Armstrong advised that she would be bringing forward the following motion for consideration:

That Council direct Staff to return with costs of security for the Caledonia warming centre.

16.

QUESTION PERIOD:

17.

ADJOURNMENT: