MINUTES REGULAR COUNCIL MEETING SHAW AUDITORIUM, 80 COMMERCIAL STREET, NANAIMO, BC MONDAY, 2016-APR-04, AT 7:00 P.M.

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1 MINUTES REGULAR COUNCIL MEETING SHAW AUDITORIUM, 80 COMMERCIAL STREET, NANAIMO, BC MONDAY,, AT 7:00 P.M. PRESENT: His Worship Mayor W. B. McKay, Chair Members: Councillor W. L. Bestwick Councillor M. D. Brennan (arrived 7:06 p.m. vacated 10:51 p.m.) Councillor G. W. Fuller Councillor J. Hong Councillor J. A. Kipp (vacated 11:06 p.m.) Councillor W. L. Pratt Councillor I. W. Thorpe Councillor W. M. Yoachim Staff: T. Samra, Chief Administrative Officer T. P. Seward, Senior Director of Strategic Operations R. J. Harding, Director of Parks, Environment & Recreation D. Lindsay, Director of Community Development V. Mema, Director of Finance M. Drakeley, Acting Fire Chief, Nanaimo Fire Rescue M. Rispin, Captain, Nanaimo Fire Rescue K. Lindsay, Emergency Program Manager D. Stevens, Senior Applications Analyst C. Jackson, Manager of Legislative Services S. Snelgrove, Recording Secretary 1. CALL THE OPEN MEETING TO ORDER: The Regular Meeting was called to order at 7:00 p.m. 2. INTRODUCTION OF LATE ITEMS: (b) (c) (d) Agenda Item 3 Add 2016-MAR-30 Downtown Fire Thanks and Acknowledgement to First Responders. Agenda Item 7 Council Policies Add delegations: 1. Mr. Dominic Jones 2. Mr. Matthew O Donnell [Note: Ms. Pam Agnew requested that her delegation be removed] Agenda Item 5 Add Proposed Motion - Port Theatre Society Community Performing Arts Centre Project. Mayor McKay advised that he would be bringing forward an item under Agenda Item 14 Other Business re: Council Approval of Mayor s Caucus Expenses and Travel Expenses.

2 PAGE 2 Councillor Brennan entered the Shaw Auditorium at 7:06 p.m. 3. ADOPTION OF AGENDA: It was moved and seconded that the Agenda, as amended, be adopted. The motion carried unanimously. Announcement re: 2016-MAR-30 Downtown Fire Thanks and Acknowledgement to First Responders On behalf of Council Mayor McKay thanked Mike Rispin, Fire Captain, Karen Lindsay, Emergency Program Manager, Martin Drakeley, Acting Fire Chief, all Nanaimo Fire Rescue members, BC Ambulance Service, Nanaimo Port Authority employees, RCMP, security personnel, City of Nanaimo Public Works employees and members of the community for their response to the downtown fire. 4. ADOPTION OF MINUTES: It was moved and seconded that the following Minutes be adopted as circulated: Special Open Meeting of the Council of the City of Nanaimo held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, on Monday, 2015-FEB-29 at 2:00 p.m. be adopted as circulated. Special Open Meeting of the Council of the City of Nanaimo held in the Training Room, City Hall, 455 Wallace Street, Nanaimo, BC, on Tuesday, 2016-MAR-01 at 4:00 p.m. Special Open Meeting of the Council of the City of Nanaimo held in the Douglas Rispin Room, 80 Commercial Street, Nanaimo, BC, on Monday, 2016-MAR-07 at 4:30 p.m. Regular Meeting of the Council of the City of Nanaimo held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, on Monday, 2016-MAR-07 at 7:00 p.m. 5. PRESENTATIONS: Proposed Motion - Port Theatre Society Community Performing Arts Centre Project It was moved and seconded that Council rescind the previous motion and that Council partner with the Port Theatre Society related to its Community Performing Arts Centre Project on the conditions that the Society:

3 PAGE 3 1. agree that it has an ongoing obligation to raise funds in the amount of up to $8.6 million ($6.6 plus the Line Of Credit as used) or a contribution of at least 60% of financing required to complete the project; 2. with the support of the City, will actively explore and pursue all funding opportunities from Federal and Provincial funds in order to maximize funding from senior levels of government beginning with, but not limited to, applications to: Build Canada Fund; Department of Canadian Heritage, Cultural Spaces; and, Canada 150; and, 3. agree to reimburse the City up to 100% of the City s $4.6 Million contribution should the Society be successful in raising more than their target of $8.6million It was moved and seconded that Council table consideration of Resolution No The motion carried. Opposed: Councillor Brennan It was moved and seconded that Council receive delegations related to the Port Theatre Society Community Performing Arts Centre project. The motion carried. Opposed: Councillor Brennan Delegations: 1. Mr. Tim McGrath advised of his opposition to the project and requested that Council postpone consideration of this item to a future meeting to allow members of the public time to prepare presentations It was moved and seconded that Council receive Mr. McGrath s delegation. The motion carried unanimously. 2. Mr. Matthew O Donnell requested that Council postpone consideration of this item to a future meeting to allow members of the public time to prepare presentations. 3. Mr. Robert Fuller requested that Council postpone consideration of this item to a future meeting to allow members of the public time to prepare presentations. 4. Mr. Ron Bolin requested that Council postpone consideration of this item to a future meeting to allow members of the public time to prepare presentations. 5. Mr. Dominic Jones spoke regarding Council Procedure Bylaw 2007 No as it relates to this item It was moved and seconded that Council receive Mr. Tim McGrath, Mr. Matthew O Donnell, Mr. Robert Fuller, Mr. Ron Bolin and Mr. Dominic Jones delegations. The motion carried unanimously.

4 PAGE It was moved and seconded that Council lift from the table Resolution No regarding the Port Theatre Society Community Performing Arts Centre Project which reads: That Council rescind the previous motion and move to partner with the Port Theatre Society related to its Community Performing Arts Centre Project on the conditions that the Society: 1. agree that it has an ongoing obligation to raise funds in the amount of up to $8.6 million ($6.6 plus the Line Of Credit as used) or a contribution of at least 60% of financing required to complete the project; 2. with the support of the City, will actively explore and pursue all funding opportunities from Federal and Provincial funds in order to maximize funding from senior levels of government beginning with, but not limited to, applications to: Build Canada Fund; Department of Canadian Heritage, Cultural Spaces; and, Canada 150; and, 3. agree to reimburse the City up to 100% of the City s $4.6 Million contribution should the Society be successful in raising more than their target of $8.6million It was moved and seconded that Council postpone consideration of Resolution No Port Theatre Society Community Performing Arts Centre Project until the 2016-APR-18 Council Meeting and direct Staff to prepare a report which outlines the differences and similarities of motions related to this topic. The motion carried. Opposed: Councillors Brennan and Thorpe 6. ADMINISTRATION: Council Policies Delegations: 1. Mr. Dominic Jones spoke regarding Council remuneration, expenses, the portfolio system and financial impact of the new policies. 2. Mr. Matthew O Donnell spoke regarding the need for proper process, transparent governance and public input regarding Mayor and Council remuneration and policies. Councillor Yoachim vacated the Shaw Auditorium at 8:19 p.m It was moved and seconded that Council receive Mr. Dominic Jones and Mr. Matthew O Donnell s delegations.

5 PAGE 5 Councillor Yoachim returned to the Shaw Auditorium at 8:21 p.m. 3. Ms. Pam Agnew previously advised that she would not be in attendance It was moved and seconded that Council amend Council Spending and Amenities Policy by removing section 3.2; and, ratify and affirm adoption as amended. The motion carried unanimously. Councillor Yoachim vacated the Shaw Auditorium at 9:40 p.m. Councillor Fuller vacated the Shaw Auditorium at 9:45 p.m It was moved and seconded that Council ratify and affirm Council Governance Protocol Policy adopted on 2016-MAR-21. Councillor Yoachim returned to the Shaw Auditorium at 9:47 p.m. Councillor Kipp vacated the Shaw Auditorium at 9:47 p.m. Councillor Fuller returned to the Shaw Auditorium at 9:48 p.m. 7. CORPORATE SERVICES: Development Permit No. DP Dufferin Crescent It was moved and seconded that Council issue Development Permit No. DP977 at 1847 Dufferin Crescent with the following variances: increase the retaining wall height from 1.8m to 3.96m along the south property line; and, increase the small car parking space ratio from 33% to 44%. Councillor Yoachim vacated the Shaw Auditorium at 9:49 p.m. (b) Bylaw Contravention Notice Emerald Drive 3225 Emerald Drive. No one in attendance wished to speak with respect to this topic It was moved and seconded that Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 3225 Emerald Drive for construction not completed as per the conditions of the building permit. The motion carried unanimously. (c) Bylaw Contravention Notices Secondary Suites Bylaw Contravention Notices Secondary Suites.

6 PAGE 6 Councillor Yoachim returned to the Shaw Auditorium at 9:51 p.m. Councillor Kipp returned to the Shaw Auditorium at 9:53 p.m. Mr. Scott Leaf, owner, 374 Black Diamond Drive, spoke regarding compliance with current City bylaws and advised of financial concerns. Councillor Bestwick vacated the Shaw Auditorium at 10:09 p.m It was moved and seconded that Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the following properties: Bird Sanctuary Drive authorized secondary suite Black Diamond Drive illegal secondary suite Black Diamond Drive illegal secondary suite Groveland Drive authorized secondary suite Councillor Yoachim vacated the Shaw Auditorium at 10:15 p.m. Councillor Fuller vacated the Shaw Auditorium at 10:17 p.m. 8. COMMUNITY SERVICES: Travel Assistance Grant Wellington Secondary School Band It was moved and seconded that Council approve the application for a Travel Assistance Grant to the Wellington Secondary School Band in the amount of $1,500 for 15 performers to attend MusicFest Canada Canadian Nationals being held in Ottawa, Ontario, on 2016-MAY-09 through 2016-MAY-14. (b) Section 74, Community Charter 4800 Cedar Ridge Place the property at 4800 Cedar Ridge Place. Mr. Tim McGrath advised that he concurs with the Staff recommendation for 4800 Cedar Ridge Place It was moved and seconded that Council, pursuant to Section 74 of the Community Charter, order the owners of 4800 Cedar Ridge Place, Nanaimo, BC to fill the open excavation within 30 days; and if not completed within 30 days, the City of Nanaimo or its agents may fill the excavation at the expense of the owner. The motion carried unanimously. (c) Nuisance Properties Hecate Street and 564 Fifth Street the properties at 522 Hecate Street and 564 Fifth Street.

7 PAGE 7 Ms. Ashley Neil, on behalf of the owner of 522 Hecate Street, requested that Council provide the property owner 60 days to implement policies regarding nuisance abatement. Councillors Bestwick and Yoachim returned to the Shaw Auditorium at 10:24 p.m. Councillor Fuller returned to the Shaw Auditorium at 10:25 p.m. Mr. Tim McGrath spoke regarding 564 Fifth Street and encouraged Council to declare it a nuisance property It was moved and seconded that Council declare each of the following properties a nuisance pursuant to Nuisance Abatement and Cost Recovery Bylaw 2003 No and authorize Staff to record and charge for municipal services including police required to abate the nuisance: Hecate Street; and, Fifth Street. (d) Property Maintenance Bylaw 1990 No property maintenance for the properties listed below. Mr. Tim McGrath spoke regarding the following properties: 518 Duke Street - advised that he thought the property has been cleaned up. 91 Chapel Street - requested clarification regarding the responsibility for the cleanup of the property. 51 Terminal Avenue - advised that there is a small amount of graffiti present Wingrove Street - advised of concerns regarding graffiti and the condition of the property next door. 215 Nicol Street - requested clarification regarding the removal of the building and the car. Mayor McKay vacated the Shaw Auditorium and the Chair at 10:43 p.m. Acting Mayor Hong assumed the Chair. Mr. Fred Taylor requested that future Property Maintenance photos display the date the photo was taken and that photos be taken on the day of Council meetings.

8 PAGE It was moved and seconded that Council, pursuant to Property Maintenance Bylaw 1990 No. 3704, direct the owners of the following properties to remove the materials as listed below from the premises within fourteen (14) days or the work will be done by the City or its agents at the owner s cost: Duke Street discarded furniture, bicycle parts, containers, tarps, recycling, household waste, garbage, and miscellaneous debris Chapel Street graffiti Terminal Avenue graffiti Wingrove Street graffiti Cedar Ridge Place derelict foundation forms, rusted rebar, discarded construction wood and debris, tires, metal items, household garbage, and miscellaneous debris Nicol Street derelict red vehicle 9. COUNCIL APPOINTMENTS: It was moved and seconded that Council receive for information the Council appointments for the remainder of 2016, made at the In Camera Council Meeting held 2016-MAR-21: Snuneymuxw First Nation Liaison Committee/Protocol Advisory Working Group: Councillors Fuller, Kipp, Pratt Tripartite Liaison Committee (City of Nanaimo Port of Nanaimo, Snuneymuxw First Nation): Councillors Fuller, Kipp, Pratt Nanaimo Port Authority Working Group: Councillors Bestwick, Yoachim, Thorpe (Alternate) 10. OTHER BUSINESS: Council Approval of Mayor s Caucus Expenses and Travel Expenses Council deferred consideration of this item to a future Council meeting. 11. QUESTION PERIOD: Mr. Ron Bolin, re: Development Permit No. DP Dufferin Crescent. Mayor McKay returned to the Shaw Auditorium and resumed that Chair at 10:49 p.m. Mr. Robert Fuller, re: Council Policies. Councillor Brennan vacated the Shaw Auditorium at 10:51 p.m.

9 PAGE 9 Mr. Terry Wagar, re: Council Appointments. Mr. Tim McGrath, re: Council Policies, Mayor and Council remuneration It was moved and seconded that the Council Meeting proceed past 11:00 p.m. The motion carried. Opposed: Councillor Pratt Councillor Kipp vacated the Shaw Auditorium at 11:06 p.m. 12. ADJOURNMENT: It was moved and seconded at 11:10 p.m. that the meeting terminate. The motion carried unanimously. M A Y O R CERTIFIED CORRECT: CORPORATE OFFICER