AGENDA
REGULAR COUNCIL MEETING

Monday, October 03, 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:

(c) labour relations or other employee relations;

(d) the security of property of the municipality;

(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;

(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 Special Council Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2022-SEP-08 at 1:00 P.M.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

9.

COMMITTEE MINUTES:

10.

CONSENT ITEMS:

11.

DELEGATIONS:

a.

Vancouver Island Vocational and Rehabilitation Service (VIVRS)

Hannah Houle and Alejandra Dominguez Guerrero, VIVRS, to speak regarding Disability Employment Month: Key Employers to Raise Awareness on Hiring People with Diverse Abilities and an Explanation of VIVRS Services Offered.

b.

Island Roots Farmers' Market re:  Support for Nanaimo's year round Farmers' Market 

Michele Greene, Island Roots Farmers' Market, to speak regarding the Official Community Plan including food security and local agriculture and Island Roots' ability to help the City of Nanaimo reach the OCP goals.

12.

REPORTS:

a.

Property Tax Exemption Bylaw for 2023 Property Taxes

To be introduced by Laura Mercer, Director, Finance. 

Purpose:  To introduce “Property Tax Exemption Bylaw, 2022 No. 7358” (a bylaw to exempt certain land and buildings from taxation) for first, second, and third readings.

Recommendation:

1. That the “Property Tax Exemption Bylaw, 2022 No. 7358” (a bylaw to exempt certain land and buildings from taxation) pass first reading; and  

2. That the “Property Tax Exemption Bylaw, 2022 No. 7358” pass second reading; and,

3. That the “Property Tax Exemption Bylaw, 2022 No. 7358” pass third reading.

b.

Proposed Telecommunications Tower - 2365 Northfield Road

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

Purpose:  To present Council with information regarding a request from Cypress Land Services Inc. (TELUS) for land use concurrence for a proposed telecommunications tower at 2365 Northfield Road.

Recommendation:  That Council direct Staff to provide a letter of concurrence to Innovation, Science and Economic Development Canada in response to a proposed 48m telecommunications facility at 2365 Northfield Road.

c.

Illegal Construction - 5 Durham Street

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

Purpose:  To obtain Council authorization to enforce the provisions of the Community Charter related to an unauthorized structure. 

Recommendation:  That Council: 

1. issue a Remedial Action Order at  5 Durham Street 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 the front entry deck, rear carport and second floor rooms and washrooms which have been constructed without a permit or inspection.

d.

Community Heritage Register Update

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

Purpose:  To present Council with an updated Community Heritage Register, including the addition of six buildings, removal of one building, and a number of minor text and photo edits.

Recommendation:  That Council adopt the amended Community Heritage Register, which includes the following building additions:

• Nanaimo Maternity Home (512 Albert Street)
• Priestley Residence (824 Fitzwilliam Street)
• Smith/Tait Residence (16 Irwin Street)
• Rogers/Violette Residence (368 Milton Street)
• Rosehill Street Residence (508 Rosehill Street)
• 105th Street Residence (2896 105th Street)

the following deletions:

• Franklyn Street Gymnasium (421 Franklyn Street)

and a number of minor text and photo edits.

e.

Nanaimo Community Advisory Board on Homelessness

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

Purpose:   To provide Council with options to consider for involvement in the Nanaimo Community Advisory Board on Homelessness.

Recommendation:  That a Council representative be appointed as a non-voting member to the Nanaimo Reaching Home Community Advisory Board.

f.

Housing Agreement Application No. HA9 - 3059 Glen Eagle Crescent

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

Purpose:  To present Council with a Housing Agreement Bylaw to secure the terms and conditions of occupancy for a residential shelter at 3059 Glen Eagle Crescent.

Recommendation:  That:

1. “Housing Agreement Bylaw 2022 No. 7357” (to secure the terms and conditions of occupancy for a residential shelter at 3059 Glen Eagle Crescent) pass first reading;
2. “Housing Agreement Bylaw 2022 No. 7357” pass second reading;
3. “Housing Agreement Bylaw 2022 No. 7357” pass third reading; and,
4. Council direct Staff to register a covenant to reinforce the terms of the Housing Agreement.

g.

Appointment of Bylaw Enforcement Officers

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

Purpose:  To obtain Council approval to appoint Kendra Franklin and Tomer Gerts as Bylaw Enforcement Officers.

Recommendation:  That Council appoint Kendra Franklin and Tomer Gerts as Bylaw Enforcement Officers to enforce the provisions of the City of Nanaimo “Animal Responsibility Bylaw 2021 No. 7316.”

13.

BYLAWS:

a.

"Zoning Amendment Bylaw 2021 No. 4500.193"

That “Zoning Amendment Bylaw 2021 No. 4500.193” (To rezone 456 Milton Street from R14 - Old City Low Density Fourplex Residential to R15 - Old City Medium Density Residential) be adopted.

b.

"Zoning Amendment Bylaw 2021 No. 4500.194"

That "Zoning Amendment Bylaw 2021 No. 4500.194" (to permit a site-specific rezoning at 440 Kennedy Street in order to reduce the minimum lot size requirement in the R13 zone from 750m² to 500m² to facilitate a proposed boundary adjustment subdivision) be adopted.

c.

“Officer Designation and Delegation of Authority Bylaw, 2022 No. 7353”

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 adopted. 

d.

“Appeals Procedure Bylaw, 2022 No. 7354”

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

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Petition from the residents of the Pacifica at 38 Front Street re: Raised Crosswalk on Front Street

16.

QUESTION PERIOD:

17.

ADJOURNMENT: