MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, February 06, 2023

3:00 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 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;

(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;

(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 public;

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

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 Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC on Monday 2023-JAN-16 at 7:00 p.m. 

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Thursday, 2022-NOV-24 at 9:00 a.m.

b.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2022-DEC-01 at 2:00 p.m.

c.

Minutes

Minutes of the Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2023-JAN-09 at 1:00 p.m.

10.

CONSENT ITEMS:

11.

DELEGATIONS:

a.

Water Stewardship and Community Engagement Award in honour of Rob Lawrance

Paul Chapman to speak regarding an award presented annually to a water stewardship and community engagement champion in BC, created in honour of Rob Lawrance. 

b.

Warmreach Warming Centre Operations

Jovan Johnson to provide an update on the success of Warmreach and needs to continue operations. 

c.

Broombusters Invasive Plant Society

Joanne Sales to speak on behalf of Broombusters Invasive Plant Society requesting support for the Town of Qualicum Beach's resolution regarding Scotch Broom at the Association of Vancouver Island and Coastal Communities Convention. 

12.

REPORTS:

a.

In-Camera Reporting Policy 

To be introduced by Sheila Gurrie, Director, Legislative Services.

Purpose: Options to Release Closed Council Meeting Information.

Recommendation: That Council repeal Council Policy COU-194 (Routine Release of In-Camera Agendas) and replace it with Council Policy COU-232 (Release of In-Camera Decisions) as attached to the February 6, 2023, report by the Deputy City Clerk. 

b.

Public Hearing Process Policy Amendment

To be introduced by Sheila Gurrie, Director, Legislative Services.

Purpose: To present amendments to the Public Hearing Process Council Policy based on recent case law as recommended to Council at a recent Development Services Council Orientation workshop.

Recommendation: That Council endorse Council Policy 233 - Public Hearing Process Policy as attached to the 2023-FEB-06 report by the Deputy City Clerk.

c.

Association of Vancouver Island and Coastal Communities Resolutions

1.

Add Association of Vancouver Island and Coastal Communities Resolutions Report

To be introduced by Sheila Gurrie, Director, Legislative Services.

Purpose: Staff is seeking Council direction regarding resolutions for submission to the Association of Vancouver Island and Coastal Communities Convention.

Recommendation: That Council direct Staff to submit the following resolutions to the Association of Vancouver Island and Coastal Communities (AVICC) for consideration at their 2023 Annual General Meeting:

Resolution 1:

WHEREAS the current Agriculture Land Reserve housing rules limit permitted housing to three residential dwelling units on a farm;

AND WHEREAS increased flexibility in the Agriculture Land Reserve’s rules would permit increased food production and training for future farmers; 

THEREFORE BE IT RESOLVED that the Agricultural Land Commission be requested     to seek ways to permit more housing on Agriculture Land Reserve land linked to increased farm activity and food production, subject to control by regulations to guarantee that any new housing could only be occupied by farmers working on the land.

Resolution 2:

WHEREAS the Province, through BC Housing and EMCR, supports year round emergency shelters, temporary winter shelters (operational from November 1^st to March 31^st );

AND WHEREAS since 2022 extreme weather response warming/cooling centres to support vulnerable populations which often tend to be for those with acute mental health and substance use disorders;

THEREFORE BE IT RESOLVED that UBCM request that BC Housing, EMCR and Island Health enter into an agreement with UBCM to ensure that they support local governments with commitments to provide resourcing for dedicated predetermined long term locations for warming/cooling centres as well as appropriately qualified professionals experienced in managing community members with high health needs including mental health and substance use disorders.

d.

Licence to Nanaimo Amateur Football Association - 6706 Dover Road

To be introduced by Richard Harding, General Manager, Parks, Recreation and Culture.

Purpose: To provide background information and obtain Council approval to enter into a Licence of Use Agreement with Nanaimo Amateur Football Association for a portion of May Richards Bennett Pioneer Park.

Recommendation: That Council:

1. approve the Licence of Use Agreement with Nanaimo Amateur Football Association for a portion of City park property known as May Richards Bennett Pioneer located at 6700 Dover Road for a term of 20-years;
2. direct Staff to proceed with public notice as required by the Community Charter, and
3. authorize the Mayor and Corporate Officer to execute the Licence of Use Agreement.

e.

Development Permit Application No. DP1242 - 540 Kennedy Street

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

Purpose: To present for Council's consideration a development permit application for a mixed-use development at 540 Kennedy Street.

Recommendation: That Council issue Development Permit No. DP1242 for a mixed-use development at 540 Kennedy Street with variances as outlined in the "Proposed Variances" section of the staff report dated 2023-FEB-06.

f.

Liquor Licence Application No. LA147 - 1630 East Wellington Road

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

Purpose: To present Council with an application to amend the hours of liquor service within the existing liquor primary licence for the Royal Canadian Legion Branch No. 256 located at 1630 East Wellington Road.

Recommendation: That Council recommend the Liquor and Cannabis Regulation Branch approve the application to amend the existing liquor primary licence for the Royal Canadian Legion Branch No. 256 located at 1630 East Wellington Road to allow liquor service from 10:30 a.m. to 12:30 a.m., seven days a week.

g.

Liquor Licence Application No. LA151 - 940 Old Victoria Road

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

Purpose: To provide Council with an application to amend the existing liquor licence at 940 Old Victoria Road (Wolf Brewing Company) to allow the existing temporary outdoor patio area to remain permanently. 

Recommendation: That Council recommend the Liquor and Cannabis Regulation Branch approve the liquor licence amendment application for 940 Old Victoria Road (Wolf Brewing Company) to permit a permanent 56.1m² extension to the existing outdoor patio area.

h.

BC Hydro Sustainable Communities Fund - Step Code and Carbon Pollution Standard Implementation Strategy 

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

Purpose: To inform Council that Staff recently submitted an application to BC Hydro's Sustainable Communities and Industry Partnerships Project Implementation Fund to support the development of an implementation strategy for the upper steps of the BC Energy Step Code and Carbon Pollution Standard.

i.

Application For In-Kind Facility Rental 

To be introduced by Laura Mercer, Director, Finance.

Purpose: To present a request for an In-Kind Rental for the Nanaimo Volunteer & Information Centre Society (Volunteer Nanaimo).

Recommendation: That Council approve an In-Kind Facility Rental for the Nanaimo Volunteer & Information Centre Society for the use of the Beban Social Centre for the organization’s Annual Appreciation Luncheon for 2023 through 2026 (inclusive), with funding to come from the ‘Other Grants’ operating budget in each year.  

j.

2022-2026 Financial Plan Amendment Bylaw

To be introduced by Laura Mercer, Director, Finance. 

Purpose: To introduce "Financial Plan Amendment Bylaw 2023 No 7337.02" for first, second, and third readings, for changes that have occurred since the bylaw was last amended on 2022-MAY-09.

Recommendation: 

1. That “Financial Plan Amendment Bylaw 2023 No. 7337.02” (To amend the 2022 – 2026 Financial Plan), pass first reading;

2. That “Financial Plan Amendment Bylaw 2023 No. 7337.02” pass second reading; and

3. That “Financial Plan Amendment Bylaw 2023 No. 7337.02” pass third reading.

k.

Add B.C. Destination Development Fund Report

To be introduced by Laura Mercer, Director, Finance.

Purpose: To provide Council with information on the B.C. Destination Development Fund and obtain a letter of support for an application for the Stadium District Development under the B.C. Destination Development Fund Activate stream.

Recommendation: That Council provide a letter of support for an application to the B.C. Destination Development Fund Activate stream for the Stadium District Development.

13.

BYLAWS:

a.

"Waterworks Rate and Regulation Amendment Bylaw 2023 No. 7004.20"

That "Waterworks Rate and Regulation Amendment Bylaw 2023 No. 7004.20" (A bylaw to add a bulk water rate and water hauling rate) be adopted. 

14.

NOTICE OF MOTION:

a.

Councillor Hemmens re: Emergency Basic Shelter Housing

That Council direct Staff to prepare a report outlining the costs of designing, constructing and servicing (water and electric) emergency basic shelter housing for 100 people on City property.

b.

Add Notice of Motion from Councillor Manly re: Addiction and Mental Health Crisis

That Council write a strongly worded letter to the Federal and Provincial governments stating the following:

The current policies on mental health and addiction, and the lack of proper funding to address these issues, are impacting communities and municipal governments at an unacceptable level and therefore the City of Nanaimo Council requests that:

• the Government of Canada engage in an immediate process of justice reform to create a comprehensive alternate system like the Portugal model where people with addiction and mental health challenges who break laws are steered through a court system with fully funded and functional treatment facilities, rehabilitation, and community service programs;
• the Federal Government reform bail rules so that repeat violent offenders are not granted bail;
• the Provincial Government immediately fund the detox and treatment beds needed to assist people with addiction and mental health challenges; and
• the Federal and Provincial Governments provide the investments needed to address the homelessness crisis, which in turn has been feeding the mental health and addiction crisis.

15.

OTHER BUSINESS:

16.

QUESTION PERIOD:

17.

ADJOURNMENT: