AMENDED
AGENDA FOR THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF NANAIMO, TO BE HELD IN THE SHAW AUDITORIUM, 80 COMMERCIAL STREET, NANAIMO, BC ON MONDAY, 2010-APR-12, COMMENCING AT 7:00 P.M.
1. CALL THE REGULAR MEETING OF COUNCIL TO ORDER:
2. INTRODUCTION OF LATE ITEMS:
• Delete Item 11 (c) - Staff Reports - Unsightly Property - 55 Comox Road.
3. ADOPTION OF AGENDA:
4. ADOPTION OF MINUTES:
(a) Minutes of the Regular Meeting of the Council of the City of Nanaimo Pg.9-19 held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, on Monday, 201 0-MAR-22 at 7:00 p.m.
5. PRESENTATIONS:
6. DELEGATIONS PERTAINING TO AGENDA ITEMS: (10 MINUTES)
(a) Delegations Pertaining to the 2010 - 2014 Financial Plan.
(b) Ms. Nancy Falconer, Canadian Cancer Society, 750 Hillside Avenue, Pg. 20 Victoria, regarding proposed Bylaw 7102 to regulate the use of pesticides (5 MINUTES).
(c) Ms. Joan Wagner, 2585 Glenayr Drive, Nanaimo, regarding proposed Pg. 21 Bylaw 7102 to regulate the use of pesticides (5 MINUTES).
( d) Ms. Adriane Schroeder, 351 Howard Avenue, Nanaimo, regarding Pg. 22 proposed Bylaw 7102 to regulate the use of pesticides (5 MINUTES).
(e) Ms. Connie Kuramoto, 120 Craig Street, Nanaimo, regarding proposed Pg. 23 Bylaw 7102 to regulate the use of pesticides (5 MINUTES).
(f) Mr. Serge Vaillancourt, 5320 Kenwill Drive, Nanaimo, regarding the Pg. 24 proclamation of 2010-APR-18 to 2010-APR-25 as "NATIONAL ORGAN AND TISSUE DONOR AWARENESS WEEK" in the City of Nanaimo. AGENDA - COUNCIL 2010-APR-12 PAGE 2
7. MAYOR'S REPORT:
8. PROCLAMATIONS:
(a) That 2010-APR-18 to 2010-APR-25 is "NATIONAL ORGAN AND Pg. 25 TISSUE DONOR AWARENESS WEEK" in the City of Nanaimo.
(b) That 2010-APR-19 to 2010-APR-23 is "PREVENTION OF VIOLENCE Pg.26-27 AGAINST WOMEN WEEK" in the City of Nanaimo.
(c) That 2010-APR-25 to 2010-MAY-02 is "BETA SIGMA PHI WEEK" in the Pg. 28 City of Nanaimo.
(d) That 2010-MAY-02 to 2010-MAY-08 is "HOSPICE PALLIATIVE CARE Pg. 29 WEEK" in the City of Nanaimo.
9. COMMISSION REPORTS:
(a) Parks, Recreation and Culture Commission - Travel Assistance Pg.30-31 Application from the Snuneymuxw Islanders
Commission's Recommendation: That Council deny the application for a Travel Assistance Grant for the Snuneymuxw Islanders because it does not meet two of the grant criteria - the team is not travelling to a regional, national or international competition, and they are not travelling out of province.
(b) Minutes of the Parks, Recreation and Culture Commission Meeting Pg.32-40 held 2010-FEB-24
Commission's Recommendation: That Council receive the Minutes of the Parks, Recreation and Culture Commission meeting held 20 1O-FEB-24.
10. COMMITTEE REPORTS:
(a) Transportation Advisory Committee Membership Pg.41-42
Committee's Recommendations: That Council:
1. adopt the "Mandate & Objectives" document attached to the report;
AND:
2. direct Staff to advertise for four (4) community-at-Iarge members for appointment to the Transportation Advisory Committee. AGENDA - COUNCIL 2010-APR-12 PAGE 3
11. STAFF REPORTS: (blue)
DEVELOPMENT SERVICES:
(a) Regulation of the Use of Pesticides in the City of Nanaimo Pg.43-48
ACE'S Recommendation: That Council endorse the removal of Section 4(2) (exception for Certified Pesticide Applicators) from "PESTICIDE USE BYLAW 2010 NO. 7102."
Staff's Recommendations: That Council:
1. consider "PESTICIDE USE BYLAW 2010 NO. 7102" which is presented under the Bylaws section of the agenda; and that it come into force and effect one year from adoption on 2011-APR-26;
AND:
2. request that Staff review both the public education program and bylaw within three years of the bylaw's adoption.
(b) DVP152 - 1066 Palomino Place Pg.49-55
Staff's Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVP152 at 1066 Palomino Place.
(c) Unsightlv Premises 55 Comox Road Pg. 56
(d) Unsightly Premises - 724 McBride Place Pg. 57
It is requested that Council hear anyone wishing to speak with respect to unsightly premises at 724 McBride Place.
Staff's Recommendation: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner(s) of 724 McBride Place to remove discarded wood and wood debris, household furniture, automobile parts, discarded windows, and miscellaneous debris from the premises within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost.
(e) Structure Removal Order - Illegal Secondary Suite- 4715 Lost Pg. 58 Lake Road
It is requested that Council hear anyone wishing to speak with respect to the structure removal order at 4715 Lost Lake Road.
Staff's Recommendations: That Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner(s) of 4715 Lost Lake Road to remove the structure or bring it up to standard within thirty (30) days. AGENDA - COUNCIL 2010-APR-12 PAGE 4
(f) Structure Removal Order - Illegal Suite in a Duplex - 3127 Rock Pg. 59 City Road
It is requested that Council hear anyone wishing to speak with respect to the structure removal order at 3127 Rock City Road.
Staff's Recommendations: That Council, pursuant to Sections 72 and _ 73 of the Community Charter, order the owner(s) of 3127 Rock City Road to remove the structure or bring it up to standard within thirty (30) days.
(g) Structure Removal Order - 2350 Autumnwood Drive - Illegal Pg.60-61 Nonconforming Addition and Nonexistent Deck Guards
It is requested that Council hear anyone wishing to speak with respect to the structure removal order at 2350 Autumnwood Drive.
Staff's Recommendations: That Council, pursuant to Section 73 of the Community Charter, hereby resolves that:
1. construction has taken place at 2350 Autumnwood Drive to remove the deck guards and build an addition to the side of the Single Family Dwelling which is considered to be in contravention of the BC Building Code and "BUILDING BYLAW 2003 NO. 5693";
AND:
2. the Owner/Agent/Lessee and Occupier of the Single Family Dwelling is hereby ordered to take the following remedial action within thirty (30) days of the receipt of notice of this Order:
"Remove the addition and install guards that comply with the BC Building Code on the deck. "
(h) Structure Removal Order - 42 Kanaka Place Illegal Pg.62-63 Nonconforming Deck and Stairs
It is requested that Council hear anyone wishing to speak with respect to the structure removal order at 42 Kanaka Place.
Staff's Recommendations: That Council, pursuant to Section 73 of the Community Charter, hereby resolves that:
1. construction has taken place to attach a deck to the rear of the Single Family Dwelling located at 42 Kanaka Place and is considered to be in contravention of the BC Building Code, "BUILDING BYLAW 2003 NO. 5693", and "ZONING BYLAW 1993 NO. 4000";
AND: AGENDA - COUNCIL 2010-APR-12 PAGE 5
2. the Owner/Agent/Lessee and Occupier of the Single Family Dwelling is hereby ordered to take the following remedial action within thirty (30) days of the receipt of notice of this Order:
"Remove the portion of the deck and the stairs that are within five feet of. the property line and install guards that comply with the BC Buiding Code on the side of the deck"
(i) Unresolved Building Deficiencies - Notice on Title (Section 57) Pg.64-66
It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencies/bylaw contravention notices for the properties listed below.
Staff's Recommendation: That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the properties listed below at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter:
(1) 3127 Rock City Road - Illegal Construction / Addition to include an Illegal Dwelling Unit (2) 564 Campbell Street - Illegal Construction / Alterations to include two Illegal Dwelling Units.
CORPORATE SERVICES:
(j) Amendment to the Economic Development Commission Bylaw Pg. 67
Staff's Recommendation: That Council receive the report pertaining to "ECONOMIC DEVELOPMENT COMMISSION AMENDMENT BYLA W 2010 NO. 7098.01", which appears under the Bylaws section of the agenda.
COMMUNITY SERVICES:
(k) Northfield Road - Dorman Road to Boundary Avenue Watermain Pg.68-69 Upgrade
Staff's Recommendation: That Council award the contract for Northfield Road - Dorman Road to Boundary A venue Watermain Upgrade to the low tenderer, Palladian Developments Inc., for the low bid of $681,678.19.
(I) Sanitary Sewer Relining Contract Extension Pg. 70
Staff's Recommendation: That Council extend the existing contract for the 2010 Sewer Relining Contract to the low tenderer, Mar-Tech Underground Services Ltd., for the amount of $285,229.10. AGENDA - COUNCIL 2010-APR-12 PAGE 6
12. INFORMATION ONLY ITEMS:
(a) Report from Mr. J. Holm, Manager of Planning, re: LA50 / Application Pg. 71-72 for Structural Change - 275 Skinner Street.
(b) Report from Mr. B. Anderson, Manager of Community Planning, Pg. 73-75 re: Neighbourhood Plan Process Update.
13. RECONSIDERATION OF BYLAWS: To Be Moved By Councillor Holdom
(a) That "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.464" Pg.76-77 (RA226 - 635 Second Street - to rezone property from Single Family Residential Zone [RS-1] to Single Family Small Lot Zone [RS-6] in order to facilitate a three-lot subdivision) be adopted.
(b) That "HOUSING AGREEMENT BYLAW 2010 NO. 7101" (to authorize a Pg.78-83 Housing Agreement between the City of Nanaimo and the Salish Lelum Housing Society regarding an 18-unit affordable housing project for Aboriginal youth and elders at 477 Tenth Street) be adopted.
14. INTRODUCTION OF BYLAWS:
(a) (1 ) That "ECONOMIC DEVELOPMENT COMMISSION Pg. 84 AMENDMENT BYLAW 2010 NO. 7098.01" (to designate the provincial representative as a non-voting member and to add an additional at-large representative to a total of four) be given first reading.
(2) That "ECONOMIC DEVELOPMENT COMMISSION AMENDMENT BYLAW 2010 NO. 7098.01" be given second reading.
(3) That "ECONOMIC DEVELOPMENT COMMISSION AMENDMENT BYLAW 2010 NO. 7098.01" be given third reading.
(b) (1 ) That "PESTICIDE USE BYLAW 2010 NO. 7102" (to regulate the Pg.85-89 use of pesticides) be given first reading.
(2) That "PESTICIDE USE BYLAW 2010 NO. 7102" be given second reading.
(3) That "PESTICIDE USE BYLAW 2010 NO. 7102" be given third reading.
15. INTRODUCTION OF DEVELOPMENT BYLAWS:
BYLAW STATUS SHEET Pg.90-93 AGENDA - COUNCIL 2010-APR-12 PAGE 7
16. CORRESPONDENCE:
(a) Letter dated 2010-MAR-21 from Lembi Buchanan, Chair, Coalition for Pg.94-98 Action on Alcohol Reform, 609-1701 Cedar Hill Cross Road, Victoria, BC, V8P 2P9, requesting support from Council on the recommendations made by the BC Coalition for Action on Alcohol Ref9rm intended to reduce harms related to alcohol use.
(b) Letter dated 2010-MAR-23 to The Honourable Kash Heed, Minister of Pg. 99 Public Safety and Solicitor General, from Mayor Ruttan, requesting that the province fund eight additional general duty members at the RCMP Nanaimo Detachment.
(c) Letter dated 2010-MAR-25 to Deputy Commissioner Gary Bass, OOM, Pg. 100 Commanding Officer "E" Division, RCMP, from Mayor Ruttan, requesting support for Nanaimo's request to Minister Heed for more provincially funded police resources.
17. COUNCIL APPOINTMENTS:
18. NOTICE OF MOTION:
19. OTHER BUSINESS:
20. DELEGATIONS PERTAINING TO ITEMS NOT ON THE AGENDA: (10 MINUTES)
(a) None
21. QUESTION PERIOD: (Agenda Items Only)
22. ADJOURNMENT:
ACTING MAYOR: Councillor Holdom
2010-MAR-08 to 2010-APR-18 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF NANAIMO HELD IN THE SHAW AUDITORIUM, 80 COMMERCIAL STREET, NANAIMO, BC ON MONDAY, 201O-MAR-22 COMMENCING AT 7:00 P.M.
PRESENT: His Worship Mayor J. R. Ruttan, Chair
Members: Counci!lor W. L. Bestwick Councillor W. J. Holdorn Councillor D. K. Johnstone Councillor J. A. Kipp Councillor L. D. McNabb Councillor J. F. K. Pattje Councillor L. J. Sherry Councillor M. W. Unger
Staff: A. C. Kenning, City Manager A W. Laidlaw, General Manager of Community Services D. W. Holmes, General Manager of Corporate Services E. C. Swabey, Genera! Manager of Development Services I. Howat, Director of Legislative Services B. E. Clemens, Director of Finance T. P. Seward, Director of Development P. Kristensen, Director of Information Technology T. L. Hartley, Director of Human Resources B. Anderson, Manager of Community Planning C. Scott, E-GovernmentiCommunications Officer J. E. Harrison, Manager of Legislative Services K. King, 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:
(a) Add Agenda Item 8 (d) - Proclamations - "Parkinson's Awareness Month".
(b) Delete Agenda Item 11 (h) - Staff Reports - Unsightly Premises - 830 Beaufort Drive.
(c) Add Agenda Item 17 (a) - Council Appointments - Ratification of External Appointments to the Economic Development Commission.
(d) Add Agenda Item 17 (b) - Council Appointment - Council Appointments to the Economic Development Commission.
9 MINUTES - COUNCIL 2010-MAR-22 PAGE 2
14910 It was moved and seconded that the Delegations Pertaining to Items Not on the Agenda be moved forward to fo!low Delegations Pertaining to Agenda Items. The motion carried unanimously.
3. ADOPTION OF AGENDA
15010 It was moved and seconded that the Agenda, as amended, be adopted. The motion carried unanimously.
4. ADOPTION OF MINUTES:
15110 It was moved and seconded that the Minutes of the Regular Meeting of the Council of the City of Nanaimo held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, on Monday, 2010-MAR-08 at 7:00 p.m. be adopted as circulated. The motion carried unanimously.
5. PRESENTATIONS:
(a) Mayor Ruttan presented Mr. Matthew Landry with certificates and medals for his outstanding achievements, winning gold in the following events:
• 2010 Junior National Taekwondo Championships, "8" Division Black Belt Poomsae • 2010 U.S. Open Taekwondo Championships, Black Belt Co-Ed Pairs Poomsae
(b) Mayor Ruttan presented Award of Heroism certificates in recognition of their prompt application of life-saving assistance to Me Paul Walters, who suffered a heart attack while playing hockey on 2009-DEC-21 to:
• Mr. Dave Sheepwash, • Mr. Jeff Braun, and, • Mr. Pat O'Dwyer
(c) Mr. Mike Hooper, President, CEO, Nanaimo Airport Commission, provided a presentation regarding Nanaimo Airport operations.
(d) Mr. Per Kristensen, Director of Information Technology, provided a presentation regarding Nanaimo's entry into the "Google Earth Mode! Your Town" contest.
6. DELEGATIONS PERTAINING TO AGENDA ITEMS:
(a) Delegations Pertaining to the 2010 - 2014 Financia! Plan
There were no delegations regarding the Financial Plan.
10 MINUTES - COUNCIL 2010-MAR-22 PAGE 3
7. DELEGATIONS PERTAINING TO ITEMS NOT ON THE AGENDA:
(a) Ms. Ruth Sharun, Nanaimo Marine Rescue Society, provided information regarding the Society and fund raising efforts to purchase an enclosed vessel to better serve the community's marine emergency response needs. Ms. Sharun advised that the Society has now raised $400,000. of the. required $475,000. and requested that Council consider contributing $25,000. toward the purchase of the new vessel. Ms. Sharun further advised that the Society is also requesting $25,000. contributions from the Regional District of Nanaimo and the Nanaimo Port Authority.
(b) Mr. Will Frankling and Mr. Joe Hazelzet, on behalf of the Vancouver Island Military Museum Society, requesting a motion of support from the City and that the City supply two City flags for the Operation "Nanaimo-Gram" (Greetings Recognizing Armed Forces Members in Afghanistan) project.
15210 It was moved and seconded that Council approve a motion of support for the troops in Afghanistan and directed that the City supply two City of Nanaimo flags and a location at City Hal! for signing the "Nanaimo-Gram" (Greetings Recognizing Armed Forces Members in Afghanistan). The motion carried unanimously.
8. PROCLAMATIONS:
(a) That 2010-APR-18 to 2010-APR-24 is "NATIONAL VOLUNTEER WEEK" in the City of Nanaimo.
(b) That 2010-APR-24 is "LANDSCAPE ARCHITECTS DAY" in the City of Nanaimo.
(c) That 2010-APR-25 is "PARENTAL ALIENATION AWARENESS DAY" in the City of Nanaimo.
(d) That the month of April is "PARKINSON'S AWARENESS MONTH" in the City of Nanaimo.
9. COMMITTEE REPORTS:
(a) Socia! Planning Advisory Committee - Annual Work Plan
15310 It was moved and seconded that Council endorse the Social Planning Advisory Committee annual work plan for 2010. The motion carried unanimously.
(b) Joint Use Committee - Appointment of Schoo! District Representative to Plan Nanaimo Advisory Committee (PNAC)
15410 It was moved and seconded that Council approve the appointment of a School District #68 Representative as a member of the Plan Nanaimo Advisory Committee (PNAC). The motion carried unanimously.
11 MINUTES - COUNCIL 2010-MAR-22 PAGE 4
15510 It was moved and seconded that Council direct Staff to amend the Terms of Reference of PNAC to include one representative from School District #68. The motion carried unanimously.
10. STAFF REPORTS:
DEVELOPMENT SERVICES:
(a) DP631 ~ 253 Victoria Road
15610 It was moved and seconded that Council:
1. issue Development Permit NO.DP631 at 253 Victoria Road with the following variances:
• Required Front Yard (Victoria Road - Major Collector) The required front yard is 10 metres (32.S feet). The proposed setback is 0.22 metres (0.72 feet), a proposed variance of 9.78 metres (32.09 feet).
• Required Rear Yard The required rear yard is 10.5 metres (34.5 feet). The proposed setback is 1.5 metres (5 feet), a proposed variance of 9 metres (29.5 feet).
• Required Side Yard (Lane) The required side yard is 3 metres (9.8 feet). The proposed setback is 1.03 metres (3.38 feet), a proposed variance of 1.97 metres (6.5 feet).
• Reguired Flanking Street Side Yard (Farquhar Street) The required flanking street side yard is 4 metres (13.12 feet). The proposed setback is 0.56 metres (1.84 feet), a proposed variance of 3.44 metres (11.3 feet).
• Lot Coverage The maximum lot coverage is 35%. The proposed lot coverage is 44.1%, a proposed variance of 9.1%.
• Allowed Small Car Parking Spaces The maximum allowed small car parking space is 33% of the total required parking. The proposed small car count is 50% of the overall required parking spaces, a proposed variance of 17%; and,
2. direct Staff to secure road dedication from both Victoria Road and the lane which borders the northern property boundary.
The motion carried unanimously.
12 MINUTES - COUNCIL 2010-MAR-22 PAGES
(b) Fa~ade Grant Approval - Nash Hardware Building, Harris Residence and E&N Railway Station
15710 It was moved and seconded that Council approve the following fa9ade grants, subject to the conditions specified in the report:
1. E&N Railway Station (321 Selby Street) - $10,000. 2. Nash Hardware Buitding (19 Commercial Street) - $7,000. 3. Harris Residence (375 Franklyn Street) - $3,000.
The motion carried. Opposed: Counciffor Unger
(c) Housing Agreement with Sa/lsh Lerum Housing Society
15810 It was moved and seconded that Council receive the report pertaining to "HOUSING AGREEMENT BYLAW 2010 NO. 7101" regarding an 18-unit affordable housing project for Aboriginal youth and elders at 477 Tenth Street in Nanaimo. The motion carried unanimously.
(d) Official Community Plan Amendment Application OCP56 - Greenhouse Gas Emissions Reduction Targets
15910 It was moved and seconded that CouncH receive the report and consider approving OCP56 to include greenhouse gas emissions reduction targets within "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500". The motion carried unanimously.
(e) Official Community Plan Genera! Amendment
16010 It was moved and seconded that Council receive the report and consider approving the proposed genera! amendments to "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500". The motion carried unanimously.
(f) UBCM Seniors' Housing and Support Initiative
16110 It was moved and seconded that Council endorse the application from the City to the UBCM Seniors' Housing and Support Initiative (SHSJ) for the development of a community garden targeting seniors in the city centre. The motion carried unanimously.
(g) Subdivision Approval - Cash-in-Lieu of Park Dedication - 5660 Hammond Bay Road (SUB00802)
16210 It was moved and seconded that Council approve the acceptance of a cash-in-lieu contribution instead of parkland dedication for the subdivision of lands described as Lot A, District Lot 40, Wellington District, Plan 29333, except part in Plan 32282 - 5650 Hammond Bay Road. The motion carried unanimously.
13 MINUTES - COUNCIL 2010-MAR-22 PAGE 6
(i) Unsightly Premises -130 Cliff Street
Mayor Ruttan inquired if there was anyone wishing to speak to the report pertaining to unsightly premises at 130 Cliff Street.
No one in attendance wished to make a presentation with respect to this matter.
16310 It was moved and seconded that Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner{s) of 130 Cliff Street to remove graffiti from the premises within fourteen (14) days, or the work wi1l be undertaken by the City's agents at the owner(s) cost. The motion carried unanimously.
U) Unsightly Premises 536 Franklyn Street
Mayor Ruttan inquired if there was anyone wishing to speak to the report pertaining to unsightly premises at 536 Franklyn Street.
No one in attendance wished to make a presentation with respect to this matter.
16410 It was moved and seconded that Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of 536 Franklyn Street to remove graffiti from the premises within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost. The motion carried unanimously.
(k) Unsightly Premises 34 Nicol Street
Mayor Ruttan inquired if there was anyone wishing to speak to the report pertaining to unsightly premises at 34 Nicol Street.
No one in attendance wished to make a presentation with respect to this matter.
16510 It was moved and seconded that Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of 34 Nico! Street to remove graffiti from the premises within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost. The motion carried unanimously.
(I) Unsightly Premises 211 Terminal Avenue
Mayor Ruttan inquired if there was anyone wishing to speak to the report pertaining to unsightly premises at 211 Terminal Avenue.
No one in attendance wished to make a presentation with respect to this matter.
16610 It was moved and seconded that Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of 211 Terminal Avenue to remove graffiti from the premises within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost. The motion carried unanimously.
14 MINUTES - COUNCIL 2010-MAR-22 PAGE?
(m) Structure Removal Order -Illegal Suite - 265 Kennedy Street
Mayor Ruttan inquired if there was anyone wishing to speak to the report pertaining to the illegal suite at 265 Kennedy Street.
No one in attendance wished to make a presentation with respect to this matter.
16710 It was moved and seconded that Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner(s) of 265 Kennedy Street to remove the secondary suite or bring the property up to standard within thirty (30) days. The motion carried unanimously.
(n) Structure Removal Order - Hlegal Structures - 1041 Maughan Road
Mayor Ruttan inquired if there was anyone wishing to speak to the report pertaining to the Wegal structures at 1041 Maughan Road.
No one in attendance wished to make a presentation with respect to this matter.
16810 It was moved and seconded that Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner(s) of 1041 Maughan Road to remove the green and white fabric covered structure, illegal mobile units, and other buildings in contravention of the Building Bylaw or bring the property up to standard within thirty (30) days. The motion carried unanimously.
CORPORATE SERVICES:
(0) Unresolved Building Deficiencies - Notice on Title (Section 57)
Mayor Ruttan inquired if there was anyone wishing to speak to the report pertaining to unresolved building deflciencies/iIlegal suites for the properties listed below.
Ms. Ann-Marie Qualizza, 2374 Mill Road, advised that she is the owner of the property and that, as her husband has a physical disability, they live primarily in the downstairs portion of their house and are not using the addition as a secondary suite.
Mr. Fred Taylor, 204 Emery Way, spoke regarding the property at 2374 Mill Road and requested that Council consider the additional kitchen as a summer kitchen rather than a secondary suite.
Ms. Margaret Under, 184 Piper Crescent, advised that she is the owner of the property at 184 Piper Crescent. She outlined the many problems that they have had with the property since purchasing approximately two years ago and advised that they are working with City Staff to rectify as many outstanding issues as possible.
15 MINUTES - COUNCIL 2010-MAR-22 PAGES
16910 It was moved and seconded that Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the properties listed below at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter.
(1) 110 Acacia Avenue - !!legal Construction I Enclosed Carport and Finished Basement to Include a Secondary Suite (2) 2374 Mill Road - lJlega! Construction I Enclosed Carport and Finished Basement to Include a Secondary Suite, Alterations to Include an Additional Secondary Suite and Construct a Carport (3) 6012 Bowron Place - Illegal Construction I Roof and Addition to Deck, Stairs and Storage Area Below (4) 16 Victoria Crescent (Alias Unit within 14 Victoria Crescent) - !!legal Construction I Incomplete Building Permit (5) 452 Milton Street - lIIega! Construction - Additional Unit, Exterior Stairs and Deck Guard (6) 778 Southland Way - mega! Construction I Occupy Single Family Dwe!ling without Approval (7) 184 Piper Crescent -l!Jega! Construction / Covered Front Entry, Additions to Rear and Left of Dwelling, Side Deck and Enclosure Below Existing Rear Deck
The motion carried unanimously.
(p) Regional District of Nanaimo Parks and Trails Service Area Amendment Bylaw No. 1231.02,2010
17010 It was moved and seconded that Council waive the consent requirements under Section 801.4 of the Local Government Act by consenting to the adoption of "REGIONAL DISTRICT OF NANAIMO PARKS AND TRAILS SERVICE AREA AMENDMENT BYLAW NO. 1231.02,2010" and that the Regional District of Nanaimo be notified accordingly. The motion carried unanimously.
(q) Participation in Citizen Satisfaction Survey
17110 It was moved and seconded that Council:
1. direct Staff to proceed with the 2010 core subscription of $5,900 to conduct a citizen satisfaction survey;
2. provide Staff with direction regarding the additional modules; and,
3. provide Staff with direction regarding the addition of a custom question or questions to be added to the survey.
The motion was defeated. Opposed: Councillors Bestwick, Johnstone, Kipp, Pattje, Sherry, and Unger
16 M!NUTES - COUNCIL 2010-MAR-22 PAGE 9
COMMUNITY SERVICES·
(r) Invitation to Tender No. 1008 Cemetery Maintenance
17210 It was moved and seconded that Council award the contract for Cemetery Landscape Maintenance to the low tenderer, Strain Landscaping, for the low bid of $281,631. The motion carried unanimously.
11. RECONSIDERATION OF BYLAWS:
(a) "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099" (to establish the rate for bulk water supply to south west as $1.50 per thousand gallons).
17310 It was moved and seconded that "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099" be adopted. The motion carried unanimously.
Councillor McNabb vacated the Shaw Auditorium at 9:08 p.m.
12. INTRODUCTION OF BYLAWS:
(a) "HOUSING AGREEMENT BYLAW 2010 NO. 7101" (to authorize a Housing Agreement between the City of Nanaimo and the Salish Lelum Housing Society regarding an 18-unit affordable housing project for Aboriginal youth and elders at 477 Tenth Street).
17410 It was moved and seconded that "HOUSING AGREEMENT BYLAW 2010 NO. 7101" pass first reading. The motion carried unanimously.
17510 It was moved and seconded that "HOUSING AGREEMENT BYLAW 2010 NO. 7101" pass second reading. The motion carried unanimously.
17610 It was moved and seconded that "HOUSING AGREEMENT BYLAW 2010 NO. 7101" pass third reading. The motion carried unanimously.
13. INTRODUCTION OF DEVELOPMENT BYLAWS:
(a) "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.010" (to include greenhouse gas emissions reduction targets within the Official Community Plan).
17710 It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.010" pass first reading. The motion carried unanimously.
17810 It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.010" pass second reading. The motion carried unanimously.
17 MINUTES - COUNCIL 2010-MAR-22 PAGE 10
(b) "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.011" (General text and map amendments to maintain the effectiveness and accuracy of the bylaw.)
17910 It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.011" pass first reading. The motion carried unanimously.
18010 It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.011" pass second reading. The motion carried unanimously_
Councillor McNabb returned to the Shaw Auditorium at 9:10 p.m.
14. CORRESPONDENCE:
(a) Letter dated 2010-FEB-25 from Bev Van Ruyven, Acting President and CEO, Be Hydro, encouraging the City's participation in the World Wildlife Fund's annual Earth Hour Event scheduled for 201 O-MAR-27.
15. COUNCIL APPOINTMENTS:
(a) Ratification of External Appointments to the Economic Development Commission
18110 It was moved and seconded that Council ratify the appointment of the foUowing representatives to the Economic Development Commission:
• Chamber of Commerce - A.J. Hustins • Vancouver Island University - Dr. Ralph Nilson • Snuneymuxw First Nation - Chief Douglas White • Nanaimo Airport Commission - G.E. (Jerry) Pink • Tourism Nanaimo - JoJynn Green • Ministry of SmaU Business, Technology and Economic Development "Non-Voting Member" - Glen Scobie • Nanaimo Port Authority - Robert Bennie
The motion carried unanimously.
(b) Council Appointments to the Economic Development Commission
18210 It was moved and seconded that Council direct Staff to amend "ECONOMIC DEVELOPMENT COMMISSION BYLAW 2010 NO. 7098" to make the Provincial representative a non-voting member and to add one more at-large position to make a total of four at-large positions. The motion carried unanimously.
18 MINUTES - COUNCIL 2010-MAR-22 PAGE 11
Councillor Pattje requested that it be noted for the record, his disappointment that there is no provision for social planning or environmental representation on the new Economic Development Commission.
18310 It was moved and seconded that Council ratify the appointments of the following four at-large members to the Economic Development Commission:
• Ms. Moira Jenkins; • Mr. Douglas Slowski; • Mr. Rob Grey; and, • Mr. Terrence (Terry) Knight.
The motion carried unanimously.
16. qUESTION PERIOD:
• Fred Taylor re: Coast Guard Program
17. ADJOURNMENT:
18410 It was moved and seconded at 9:19 p.m. that the meeting terminate. The motion carried unanimously.
MAYOR
CERTIFIED CORRECT:
DIRECTOR, LEGISLATIVE SERVICES
19 Nancy Falconer has requested an appearance before council. The request is made on behalf of Pesticides and Cancer: Need for a Strong Bylaw.
The requested date is Apr 12~ 2310.
The requested meeting is: Council
Presenter's information
Address: 750 Hillside Avenue City: Victoria Province: BC Postal Code: V8X3E5 Home Phone: Email: [email protected] Business Phone: 250-479-7506
Details of Presentation:
Hi there ~
I would like a chance to present to council when the draft pesticide use bylaw and staff report is presented to council. I am not sure exactly when that will be, but if you could inform me of when the agenda is established for April 12th and if the pesticide bylaw will be on the agenda, I would like to be able to comment on the bylaw from the Canadian Cancer Society's perspective. Thanks very much, Nancy Falconer
~ncil Agenda ~em Cl Cl Committee ...... Deleg Joan Wagner has requested an appearance before council. The requested date is Apr 12, 2818. The requested meeting is: Council Presenter's information Address: 2585 Glenayr Drive City: Nanaimo Province: BC Postal Code: V9S 3R9 Home Phone: Email : Business Phone: 250-758-5158 Details of Presentation: Presentation on Pesticide by Law o(oUn(11 Agmd, Item CJ o Committee...... D,le9'llon er- e'Open Meeting Proclamation 0 o In-camera Meeting (~ndence a 21 Mating Date: dOlo . . I;;) DELEGATION REQUEST Adriane Schroeder has requested an appearance before council. The requested date is Apr 12, 2010. The requested meeting is: Council Presenter's information Address: 351 Howard Avenue City: Nanaimo Province: BC Postal Code: V9R 3R8 Home Phone: Email: Details of Presentation: I would like to speak to the need for Mayor and Council to pass a strong cosmetic pesticide bylaw. 22 DELEGATION REQUEST Connie Kuramoto has requested an appearance before council. The requested date is Apr 12, 2010. The requested meeting is: Council Presenter's information Address: 120 Craig Streeet City: Nanaimo Province: Be Postal Code: V9R3V1 Home Phone: Email : Details of Presentation: Ban on the Cosmetic Use of Pesticides 23 DELEGATION REQUEST Serge Vaillancourt has requested an appearance before council. The requested date is Apr a7, 2a10. The requested meeting is: Council Presenter's information Address: 5320 Kenwill Dr City: Nanaimo Province: BC Postal Code: V9T5Z8 Home Phone: Email: Details of Presentation: I am requesting to appear as a delegation to speak to the pending Proclamation Re: National Organ and Tissue Donor Awareness Week April 18 to 25. 24 th th National Organ and Tissue Donor Awareness Week (NOTDAW) is fast approaching-April 18 _ 25 , 2010. As a part of this year's awareness initiatives, Be Transplant is partnering with London Drugs to help get the message out to the public that Organ Donation Saves Lives! We wi!! have awareness displays at the London Drugs locations Ilsted below: Our main goal at these events will be increasing public awareness and organ donor registration. Location Date Vancouver Sunday, Aprll18th Broadwav & Cambie Store #4 Victoria Tillicum Centre Sunday, April 18 h store #54 North Vancouver Friday, April 23' 2032 lonsdale Store # 5 Vancouver Saturday, April 24th Geornja & Granville Store # 2 Nanaimo Port Place Friday, April 23' Store #36 Nanaimo North Town Centre Saturday, April 24th Store #72 Surrey Guildford Friday, April 23r Store #9 Langley Saturday, April 24 20202 - 66th Ave. Store #18 Please let me know if you have any questions. Thanks, Allison Colina COmlT1l1!llCarl0n~ 8",,,,,«11',,_ Be C,wc9II\()W1(j;{ b-~ ":,, ,,,,,"oot ;I;):,<',.>c T'j:-' ~J'i V,;,>' - i-,~', /,- 25 haven society - promoting the safety of women, children, youth and families Mailing Address March 25, 2010 P.O. Box 37086, MAR 25 2010 38-3200 Island Highway Nanaimo, Be V9T 6N4 LEGISLATIVE SERVICES Dear Mayor Ruttan, Administration (250) 756-2452 th As you may be aware the week of April 19 _ rd ,2010 is Prevention of Fax: (250) 756·2414 23 [email protected] Violence Against Women Week in Be, and a number of communities www.havensociety.com take this opportunity to bring awareness to the issue of violence against women and children by making an official proclamation. Haven Society would like to request that the City of Nanaimo do so as Haven Transition House Toll Free Crisis Line well. We have based the wording of the proclamation on the (888) 756-0616 proclamations of four other cities. I hope that it meets with your local: (250) 756-0616 Fax: (250) 756-4326 approval and that of council and that this proclamation can be read and [email protected] passed at the next council meeting of April 12th . A small delegation from Haven Society will be on hand to briefly speak to the proclamation should you so wish. Community Victim Services Nanaimo I also want to take this opportunity to thank you and your council for (250) 756-2452 the tremendous support Haven Society has received consistently from FilX: (250) 756·9412 the City. Women's Counselling (250) 756·2452 Yours sincerely, Fax: (250) 756-9422 \J~~~ AL- Children Who Witness Abuse Program Anne Spilker, (250) 756·2452 Executive Director. Fax: (250) 756-9422 Community Victim Services Parksville - Qualicum (250) 248-3500 Fax: (250) 248-3590 havenvs@te[us.net AU programs of the Haven Society are confidential and free of charge. Haven Society is supported by the Province of British Columbia, the Government of Canada, City of Nanaimo, UnitecJ2l6;y, BC Gaming Commission, and our Community donors. Proc Carnation WHEREAS, violence and abuse against women and children continues to be a prevalent social problem because of the imbalance of power due to gender and age; and WHEREAS, the problems of domestic violence are not confined to anyone group of people but effect people across all economic status, race and ethnicity, sexual orientation, culture and society, and are supported by societal indifference; and WHEREAS, the crime of domestic violence violates and individual's privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic contro! and/or abuse; and WHEREAS, the impact of domestic violence is wide-ranging, directly affecting women, children, men and society as a whole; and WHEREAS, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home; and WHEREAS, Haven Society has provided support, safety, and advocacy to domestic violence survlvors and their children for over 30 years. NOW, THEREFORE, I, John Ruttan, Mayor of the City ofNanaimo, British Columbia do th hereby proclaim the week of ApriI19 _23 rd , 2010 as: Prevention ofYioCence .Jt.nainst 'Women 'Week in the City ofNanaimo, and urge all citizens to actively participate in any activities and programs sponsored by Haven Society to work toward the elimination of personal and institutional violence against women and children, youth, and families. SEAL: IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Nanaimo, British Columbia, to be affixed this 12th day of April, 2010. John Ruttan, Mayor 27 PROCLAMATION BETA SIGMA PHI WEEK APRIL 25- MAY 0212010 WHEREAS: Beta Sigma Phi is an international woman's organization that has been a strong source of life, learning and friendship; and WHEREAS: over the years, this organization has devoted time and effort into the community and will continue to do so now and in the future; and WHEREAS: this year will mark the 79th year of Beta Sigma Phi. NOW THEREFORE, I John Ruttan, l\I1ayor of the City of Nanaimo, do hereby proclaim the week of April 25 - May 02, 2010, be known as: "BETA SIGMA PHI WEEK" in the City of Nanaimo. John Ruttan MAYOR DATED THIS. TH DAY OF APRIL, 2010. 131:0u",il Agenda Item a a Comminee...... Delegation a !>rOpen M Supporting Individuals to Live Until They Die and Their Loved Ones to Go on Living Afterwards February 1, 2010 Via Email to: Mayor John Ruttan & City Council 455 Wallace Street Nanaimo, B.C. V9R 516 An Invitation - Hikefor Hospice-May 2,2010 Nanaimo Hospice is proud to have contributed to the health and strength of our community for the past 29 years. Last year our staff and volunteers provided direct support to over 1,750 individuals facing end of life issues and 230 Hospice volunteers contributed over 35,000 volunteer hours to this work. May is Hospice Month in Be and May 2_Sth is National Hospice Palliative Care Week. We invite City Council to honour Nanaimo Community Hospice, and our professional care partners, by designating the week of May 2_Sth as Hospice Palliative Care Week in Nanaimo. We invite Your Worship and City Council to attend this year's event to present the proclamation at the commencement of the "Walk to Remember" and would ask that whoever is going to be doing the presentation be at the event no later than 10:45 am. Details follow: Hike For Hospice - A Walk to Remember & Picnic in the Park Sunday -May 2 -Maffeo Sutton Park- Lion's Pavilion 10:00 am - Registration Begins 11:00 am - Walk to Remember Begins 12:00 pm - Picnic in the Park Thank you for considering this request. Please RSVP the number attending and the presenter of the proclamation. We look forward to celebrating Hospice Palliative Care Week with you as our guests. Sincerely, Suzanne Benoit, President Wendy Pratt, Executive Director 1981 29 Years o/Caring in Our Community 2010 1729 Boundary Avenue, Nanaimo, Be, V9S 4P3 - Tel: 758-8857 Fax: 758-8502 [email protected] - www.nanaimohospice.com 1310undl Agenda kern [J [J Commlnet._ ... _...... Dclegation [J [J Open Meetill9 Proclamation a [J In-Catn FROM: LARRY McNABB, CHAIR, PARKS, RECREATION AND CULTURE COMMISSION RE: TRAVEL ASSISTANCE APPLICATION FROM THE SNUNEYMUXW ISLANDERS RECOMMENDATION: That Council deny the application for a Travel Assistance Grant for the Snuneymuxw Islanders because it does not meet two of the grant criteria - the team is not travelling to a regional, national or international competition and they are not travelling out of province. EXECUTIVE SUMMARY: The City of Nanaimo provides a contingency account for amateur sports and cultural groups and individuals to travel out of province to a Regional, National or International Championship. These funds are available to sports and cultural groups winning Provincial or Regional competitions and the current policy provides $100 per person to a maximum of $2,000 per application. Requests are considered on a first-come, first-served basjs as funds remain availab!e. On 2010-FEB-24, Staff reviewed a Trave! Assistance Grant application from the Snuneymuxw Islanders and determined that the application did not meet aU of the grant criteria and recommends that the Parks, Recreation and Culture Commission deny the application in the amount of $1,200.00. At their meeting of 201 O-MAR-24, the Parks, Recreation and Culture Commission passed a motion supporting the recommendation that Council deny the application for a Travel Assistance Grant for the Snuneymuxw Islanders because it does not meet two of the grant criteria - the team is not travemng to a regional, national or international competition and they are not travelJing out of province. BACKGROUND: Staff reviews all Travel Assistance Grant applications and forward their recommendation to the Parks, Recreation and Culture Commission for approval. Staff determined that this application did not meet all of the grant criteria and recommends that the Parks, Recreation and Culture Commission deny the application in the amount of $1,200.00. The team Manager is attempting to raise enough money to cover the cost of her girls' team to travel to the Jr. All Native Provincial Basketball Tournament in Prince Rupert held during the period of 2010-MAR-06 to 2010-MAR-12. At their meeting of 201 O-MAR-24, the Parks, Recreation and Culture Commission passed a motion supporting the recommendation that Council deny the application for a Travel Assistance 30 PRCC Report to Council- Travel Assistance Application From The Snuneymuxw Islanders 2010-APR-12 Page2of2 Grant for the Snuneymuxw Islanders because it does not meet two of the grant criteria - the team is not travelling to a regional, national or international competition and they are not travelling out of province. Respectfully submitted, Larry McNabb, Chair Parks, Recreation and Culture Commission File: A4-1-2 I A2--6 I B3-5-12 2010-APR-06 G:\Admin\PRCC\RptCouncil\PRCCRPT 100412T ravelAssislanceApplicationF rom TheSnuneymuxwls!anders.doc 31 MINUTES OF THE REGULAR MEETING OF THE PARKS, RECREATION AND CULTURE COMMISSION HELD AT ROTARY FIELD HOUSE 850 THIRD STREET WEDNESDAY, 2010-FEB-24, COMMENCING AT 7:00 P.M. PRESENT: Commissioner L. McNabb, Chair Members: Commissioner D. Johnstone Commissioner F. Pattje Commissioner L. Avis Commissioner S. Lance Commissioner M. Young Commissioner G. Rudischer Commissioner J. Cowling Commissioner B. Sparkes Commissioner 8. Meunier Regrets: Commissioner D. Burnett Commissioner B. Dempsey Staff: R. Harding J. Plasteras S. Samborski R. Tweed, recording 1. CALL THE OPEN MEETING TO ORDER: The Regular Meeting was called to order at 7:02 p.m. 2. INTRODUCTION OF LATE ITEMS: • Add Item 13.(a) - Location of PRCC Meetings - Commissioner Shirley Lance. 3. ADOPTION OF AGENDA: It was moved and seconded that the Agenda. as amended, be adopted. The motion carried unanimously. 4. ADOPTION OF MINUTES: (a) Minutes of the Regular Parks, Recreation and Culture Commission Meeting held Wednesday, 201 0-JAN-27, at 7:03 p.m., at Rotary Field House. It was moved and seconded that the Minutes be adopted as circulated. The motion carried unanimously. 5. PRESENTATIONS: (None.) 32 MINUTES - PARKS, RECREATION AND CULTURE COMMISSION 2010-FEB-24 PAGE 2 of9 6. DELEGATIONS: It was moved and seconded that the Delegations be permitted to address the Commission. The motion carried unanimously. (a) Mr. Mike Lundine, 400 Campbell Street, Nanaimo, BC V9R 3G7 on behalf of Pauline Haarer Schoo! showing support for new grass field at Comox and aqvising of the benefits to the School and the community. Mr. Lundine advised that he is appearing on behalf of both the School and the Parent's Advisory Committee (PAC). He advised that the new grass field is seen as a positive for the school and a1l their activities. The children benefit greatly from the field which is not only safer, but will results in more productive attendance and increased numbers. This upgrade will also be a bonus for the PAC. The positive attitude and relationship that the Coach and the Vancouver Island Raiders bring to the school promotes healthy living and activities. This also increases the relationships between the teams and the school. Currently, transient individuals from the downtown core present some safety issues to the children and undesirable activities are occurring during the evening hours. If there are team practices and lights in the area, it will be less attractive to those individuals that are currently causing concerns for the safety of the children. Commission asked if there wi!! be equipment storage. Mr. Lundine advised that there may be a flat level surface used by the Raiders for equipment storage. (b) Mr. Hadi Abassi, 2005 Boxwood Road, Nanaimo, BC V9S 5X9, Mr. Dominic Abassi, and Mr. Hameed Rashid, appearing on behalf of the Vancouver Island Raiders providing support of the conversion of the Comox field to a grass turf field and presenting their future plans for the field. Mr. Hadi Abassi has requested over time that Parks and Recreation cooperate and work with the Raiders for a practice facility - this has been realized and, Mr. Abassi, on behalf of the Raiders expressed their thanks for all the support. Their first degree graduate from Nanaimo will be playing for a university footba!! team. A lot has been accomplished both off and on the field. Having practice locations has always been a challenge and so the Raiders have looked to how Comox Field could be shared in partnership to transfer to a grass field for use during the period of May - mid-November (apprOXimately Remembrance Day). The Raiders are looking fOlWard to a partnership with Parks, Recreation and Culture. By bringing the sport to the children's field will be a great partnership. This would be a great practice facility and everyone can be proud of the outcome. Commission asked who would maintain the Field. Staff advised that it would be maintained as part of the City Inventory. 33 MINUTES - PARKS, RECREATION AND CULTURE COMMISSION 2010-FEB-24 PAGE 3 of9 There were also some concerns expressed about the amount of damage that may be done to the field from use for football. Mr. Abassi advised that games have been played at Elaine Hamilton Parks, and that Comox Field would be for practice only. Practice is not as big an issue as the games. Footwear will vary due to weather and the type of grass; however, practice sessions are not as hard on the field and games. Field wi!! be lit when required. The Raiders anticipate that they will use Comox Field for practices for three nights per week guaranteed - Tuesday, Wednesday, and Thursday. On Friday they wi!! be moving the team to Caledonia. Their games are played on Saturday at Elaine Hamilton and then it is up to the Coaching Staff whether practice would also be required on Sunday and Monday. It was moved and seconded that decision-making on the redevelopment of Comox Field under Items 9.(a), 14.(a) and 14.(b) be brought forward on the Agenda. The motion carried unanimously. It was moved and seconded that the Parks, Recreation and Culture Commission approve the redevelopment of Comox Field. The motion carried unanimously. (c) Mr. Larry Lokun, 2937 Departure Bay Road, Nanaimo, 8C V9T 183, requesting that the Parks, Recreation and Culture Commission approve a hot dog vending cart at Departure Bay Beach. Mr. Lokun advised that he would like to put a vending cart at Departure Bay Beach - even if only on a trial basis, at the far end at the foot of Bay Street near the sidewalk area where there was a cross-walk. Commission asked if Mr. Lokun had been in contact with the Departure Bay Neighbourhood Association. Mr. Lokun advised that he had not yet approached the Association. Commission asked if Mr. Lokun was currently in possession of the vending cart. Mr. Lokun advised that he has not yet obtajned the cart. Commission asked if Mr. Lokun had been in contact with the Bathtub Days Society yet as they have quite an extensive refreshment area during Bathtub Days. Mr. Lokun advised that he had not yet approached the Bathtub Society. Commission asked Mr. Lokun what were his anticipated hours of operation. Mr. Lokun advised that he expected to be open seven days a week, from 11 :00 a.m. to 6:00 p.m., during the period from May to September. Commission received the delegation. 34 MINUTES - PARKS, RECREATION AND CULTURE COMMISSION 2010-FEB-24 PAGE 4 of9 (d) Mr. Jim Young, 1419 Fielding Road, Nanaimo, Be V9X 1K8, appearing as a Director of the Chase River Community Association, wishing to update the Commission on recent happenings at the former Chase River Activity Centre. Mr. Young advised that he has lived in Chase River for over 40 years and has been on the Chase River Community Association for many years_ He presented information on the renovation and. relocation of the Boys and Girls Club to the old Station 4 Fire Hal! on Cranberry Avenue. Commission asked as to the number of current members of the association. Mr. Young advised that there are 4-40 depending on the issues; however, he was not able to provide information on the number of paid up memberships. Mr. Len Manual, Coordinator of Facilities and Transportation, Boys and Girls Club, also spoke briefly and extended an invitation to both the Commission and Staff to tour the newly renovated facility at the old Station 4 Fire Hall, at 1400 Cranberry Avenue, in Chase River. Commission received the delegation. (e) Mr. Grant Renton, 722 Connaught Avenue, Nanaimo, BC V9R 4J6, on behalf of Football Nanaimo requesting that the Parks, Recreation and Culture Commission approve their request to put signage for advertisers on the equipment tower at May Bennett Park as well as put up sandwich board style signage at field level on game days. Mr. Renton and Mr. Derik Ewen requested year-round signage for their practice and home game facility - May Bennett Park. Due to the reduction in gaming funds, their operating budget has been cut by one-half. They hope to raise approximately $8K through advertising jf Commission approves their request. Commission raised concerns about visibility of advertising signage from the roadway, the size and number of signs, the permanency of the signs, and how many months of the year the slgnage would be in place. The delegation advised that while the signs would be visible from the roadway, they felt that they would not be readable at that distance. They are proposing to sell the space in 4 feet X 3 feet block areas and that the number of signs would be dependent on how many blocks were purchased individually or as multiple units for a larger sign. A total of 100 square feet of signage advertising space is anticipated. Additionally, the free-standing sandwich board signs would be 2 feet X 4 feet. The signs would remain in place, year round as long as the advertiSing was paid. Mr. Renton advised that he had driven around Nanaimo and checked for signage in other parks advising that this is signage at a number of locations. 35 M!NUTES - PARKS, RECREAT!ON AND CULTURE COMMISSION 2010-FEB-24 PAGE50f9 Staff advised that further consideration should be given to this matter as with the gaming funding cuts to all groups, if the Nanaimo Football request is approved, they anticipate that other field users wi!! be asking for the same. 7. CHAIRMAN'S REPORT: (a) Committee ApPointments. It was moved and seconded that the Parks, Recreation and Culture Commission extend appointments to all PRCC Committees and Sub-Committees, with the exception of the appointments to the Cultural Committee, for a term to 2012-MAR-31 as directed by Council at their meeting of 2010-JAN-25. The motion carried unanimously. (b) Dog Off-Leash Parks. It was moved and seconded that the Parks, Recreation and Culture Commission formally ratify the e-mail decision of the Commission to modify Priority 3 of the Dog Off-Leash Report to Council to remove Neck Point Park from the identified areas for "Dog Off-Leash" parks and instead, replace it with "Other Beach Accesses (eg. [nvermere Beach, Beach Estates Park)". The motion carried unanimously. 8. REPORTS OF ADVISORY BODIES: (a) Parks Committee. No meeting held. (b) Recreation Committee. No meeting held. (c) Cultural Committee. No meeting held. (d) Grants Advisory Committee. No meetings held. (d) Plan Nanaimo Advisory Committee. Commissioner Lance, reporting on the meetings held since 2010-JAN-27, advised that PNAC discussed re-zoning and one application to change the OCP. (f) Social Planning Advisory Committee. Commissioner Cowling reported that there no matters affecting the Department or Commission at the meeting held 2010-FEB-02. (g) Port Theatre. Monthly report for January, 2010. (h) Nanaimo Art GaIlery. Monthly report for January, 2010. (1) Nanaimo Museum. Monthly report for January/February, 2010. It was moved and seconded that the Advisory Body reports be received. The motion carried unanimously. 36 MINUTES - PARKS, RECREATION AND CULTURE COMMISSION 2010-FEB-24 PAGE6of9 9. STAFF REPORTS: (a) Comox Field Upgrade. Staff's Recommendation: That the Parks, Recreation and Culture Commission approve the redevelopment of Comox Field. [Note: This matter was moved forward on the Agenda and dealt with under Item 6.(a)] (b) Cultural Committee Structure and Mandate. Staff's Recommendations: That the Parks, Recreation and Culture Commission: 1. approve that the purpose and structure of the Cultural Committee be included as a review item at this year's Cultural Forum to obtain input from the cultural community; 2. direct that Staff report back with options for Commission's consideration by July of this year; and, 3. extend the Cultural Committee appointments through to September 30, 2010. It was moved and seconded that the recommendations be adopted. The motion carried unanimously. (c) School District 68 Formal Request To Contribute Financially To The Track Resurfacing Project At Rotary Bowl Staff's Recommendation: That the Parks, Recreation and Culture Commission recommend that Council consider funding for Rotary Bowl when the School District commits to multi-use at this facility. It was moved and seconded that the recommendation be adopted. The motion carried unanimously. 10. INFORMATION ONLY ITEMS (staff reports): (a) Senior Manager of Parks. Monthly report for January, 2010. (b) Senior Manager of Recreation and Culture Services. Monthly report for January, 2010. (i) 4000 that visited NAC in January were actually gym users - the gym is being very well utilized. (ii) VIEX meeting follow-up - partnership program between viex and PRC and Chickens in your own backyard sessions. 37 MINUTES - PARKS, RECREATION AND CULTURE COMMISSION 201O-FEB-24 PAGE 7 of9 (iii) Picnic in the Park on Monday - snowboard competition - Parks, Recreation and Culture and Alternative Groove organized this event. There were two and one-half jumps and snowboard tricks to watch. The event was attended by both younger children and older youths. Very weI! done. (iv) Reminder - Saturday, 2010-FEB-27, 11:30 a.m. - 3:30 p.m., Beban Park Redevelopment - Rooms 19, 20, 21. Commissioner Pattje commented on the Maple Sugar Festival, advising that it was absolutely first class - great entertainment and great event. It was moved and seconded that the Information Only Items be received. The motion carried unanimously. It was moved and seconded that a letter of thanks be sent to the staff involved in snowboard competition. The motion was carried unanimously. 11. CORRESPONDENCE: (Action Required.) (None.) CORRESPONDENCE: (Information) (a) E-mail correspondence from Ms. Stephanie Johnson, Chair, Pauline Haarer Parent Advisory Committee, in support of the Comox Field Upgrade plan. (b) Minutes of the Nanaimo Harbour City Seniors, Board of Directors Meeting held 201O-FEB-12. (c) Letter dated 2010-JAN-20 from Mr. Wayne Reis, 5721 Sayshore Drive, Nanaimo, BC V9V 1G9, to Mr. Richard Harding regarding the Bayshore Drive Park tree issue and Mr. Harding's letter of response dated 2010-FEB-04 addressing Mr. Reis' concerns. Commissioner Pattje raised discussion on the letter from Mr. Reis. Mr. Reis feels that a promise was made by Harry Wipper and was not fulfilled. It was moved and seconded that the Parks, Recreation and Culture Commission once again refer the matter of the ongoing concerns with regard to the removal of trees at Bayshore Drive Park to the Parks Committee for their review and return to Commission with a report. The motion carried unanimously. It was moved and seconded that the Correspondence be received. The motion carried unanimously. 12. NOTICE OF MOTION: (None.) 38 MINUTES - PARKS, RECREATION AND CULTURE COMM!SSION 2010-FEB-24 PAGE 8 of9 13. CONSIDERATION OF OTHER BUSINESS: (a) Location of PRCC Meetings. Commissioner Shirley Lance brought forward the matter of the venue for the PRCC meetings. Commissioner Lance felt that this should be moved back to Bowen Park - at least three of the female Commissioners are uncomfortable going to the Rotary Field House at night, the lighting is not adequate, and they do not feel safe. During this time of year, while it is dark and rainy, Rotary Field House is not comfortable to come to. Commissioner Cowling pointed out that she finds the Bowen Complex Conference Room to be uncomfortable and poorly ventilated and when the air conditioner is turned on, the room is cold and it is difficu!t to hear the discussion. Ollver Woods Community Centre was suggested as an alternative. The Chair and Director are to discuss the issue. 14. BUSINESS ARISING FROM DELEGATIONS: (a) Mr. Abassi, Mr. Rashid, and Mr. Abassi Vancouver Island Raiders. [Note: This matter was moved forward on the Agenda and dealt with under Item 6. (aJ] (b) Mr. Mike Lundine - Pauline Haarer SchooL [Note: This matter was moved forward on the Agenda and dealt with under Item 6.(a)J (c) Mr. Larry Lokun - Food Vending in Departure Bay. It was moved and seconded that the Parks, Recreation and Culture Commission refer the matter regarding establishment of a hot dog vending cart at Departure Bay Beach to Staff for review, and that they involve both the Departure Bay Neighbourhood Association and the Bathtub Society in their review and report back to Commission with their findings. The motion carried unanimously. (d) Mr. Jim Young - Chase River Community Association. Receive delegation. (e) Mr. Grant Renton - Football Nanaimo. It was moved and seconded that the matter of allowing the Nanaimo Football Club to erect signage for advertisers on the equipment tower at May Bennett Park as well as put up sandwich board style signage at field level on game days be referred to the Parks Committee for report back to Commission with a recommendation. The motion carried unanimously. 39 MINUTES - PARKS, RECREATION AND CULTURE COMMISSION 2010-FES-24 PAGE 9 of9 15. UNFINISHED BUSINESS: (None.) 16. QUESTION PERIOD: (No questions.) 17. ADJOURNMENT: It was moved and seconded at 8:05 p.m. that the meeting adjourn, with the next regular meetings as follows: COMMISSION Wednesday, 2010-MAR-24; 7:00 p.m. (Location to be determined.) Cultural Committee Wednesday, 2010-MAR-03; 4:15 p.m., if required Bowen Park Complex Conference Room Recreation Committee Wednesday, 2010-MAR-10; 3:00 p.m., if required Bowen Park Complex Conference Room Parks Committee Thursday, 2010-MAR-11; 5:00 p.m., if required Bowen Park Complex Conference Room The motion carried unanimously. CERTIFIED CORRECT: L McNabb, Chair R. Harding, Director Parks, Recreation and Culture Commission Parks, Recreation and Culture 2010-MAR-15 File: A2-4 G:\Admin\PRCC\Minutes \PRCC 1 00224M.doc 40 2010-Apr-06 REPORT TO COUNCIL FROM: TRANSPORTATION ADVISORY COMMITTEE RE: TRANSPORTATION ADVISORY COMMITTEE MEMBERSHIP COMMITTEE'S RECOMMENDATIONS: That Council: 1. adopt the "Mandate & Objectives" document as attached; 2. direct staff to advertise for four (4) community-at-Iarge members for appointment to the Transportation Advisory Committee. EXECUTIVE SUMMARY: At its 2010-Feb-01 meeting, Council adopted the mandate and objectives for the Transportation Advisory Committee. As a next step, the Council committee members were to establish the criteria for the appointment of community members. The Committee membership is to include three (3) Council members and four (4) community members. Based on consideration of various criteria for the appointment of community members, the appointment of community-at-Iarge members representing the general interests of the transportation system will make the best fit for the development of policy. Input from agencies and associations wi[[ be received when it is pertinent to the policy discussion. Staff have drafted a formal "Mandate & Objectives" document for the Transportation Advisory Committee for Council's consideration (Attachment A). Respectfully submitted, ~Jt(7/~ Councillor Larry McNabb 1:Ol.i'ncillor JiiTlKipp g;\admin\counci! rpts\201 O\Transp_Adv _ Cmte-Membership 41 ATTACHMENT A CITY OF NANAIMO TRANSPORTATION ADVISORY COMMITTEE MANDATE & OBJECTIVES (adopted ) Mandate The Transportation Advisory Committee serves as an advisory body, responsible for making recommendations to the Finance I Policy Committee of the Whole on policy matters relating to transportation within the City of Nanaimo. Objectives The objective of this Committee is to provide policy advice to Council on: • The development and implementation of a Transportation Plan. • Pedestrian, cycling, transit, commercial vehicle and road network planning. • Sustainable transportation. • Regional transportation initiatives as they relate to City transportation infrastructure and services. • Parking planning. Policy initiatives of the Transportation Advisory Committee wi!! support the goals of the Official Community Plan as well as Council goals related to environmental, financial and service sustainabiJity. It is not the mandate of this Committee to review site specific development proposals. Meetings The Transportation Advisory Committee will: (a) Meet at the call of the Chair, usually quarterly; and (b) Establish meeting days and times after consultation with the Committee members. Membership The membership of the Transportation Advisory Committee w!!l be comprised of: • Three (3) members of Council • Four (4) "community-at-Iarge" members representing the general interests of the transportation system. Input from agencies and associations will be requested and received when it is pertinent to the policy discussion. 42 201O-MAR-30 STAFF REPORT REPORT TO: ANDREW TUCKER, DIRECTOR, PLANNING FROM: BRUCE ANDERSON, MANAGER, COMMUNITY PLANNING RE: REGULATION OF THE USE OF PESTICIDES IN THE CITY OF NANAIMO ACE'S RECOMMENDATION: That Council endorse the removal of section 4(2) (exception for Certified Pesticide Applicators) from "PESTICIDE USE BYLAW 2010 NO. 7102". STAFF'S RECOMMENDATIONS: That Council: 1. consider "PESTICIDE USE BYLAW 2010 NO. 7102" which is presented under the Bylaws section of the agenda; and that it come into force and effect one year from adoption on 2011-APR-26; and 2. request staff review both the public education program and bylaw within three years of the bylaw's adoption. EXECUTIVE SUMMARY: In September 2008, Council adopted a cosmetic pesticide reduction strategy for the City of Nanaimo. The strategy includes: 1) establishing a household education program on the alternatives to pesticides; 2) Parks staff participation in the PlantHealthBC accreditation program; 3) drafting a bylaw to restrict the use of cosmetic pesticides for residential lawn and garden use; and reviewing both the education program and the bylaw within three years of its adoption. Bylaw No. 7102 prohibits use or permission to use a pesticide for cosmetic purposes on trees, shrubs, flowers, other ornamental plants or turf on residential private land or land owned by the City. However, exceptions exist for individuals and/or companies with trained staff in Integrated Pest Management ([PM) and who are also PlantHealthBC accredited. Bylaw No. 7102 is recommended to not come into force and effect until April 2011 to allow for the public to become fully aware of the bylaw and for the community to have time to learn about available pest management alternatives. A review of both the education program and the effectiveness of the bylaw are also recommended within three years time of the bylaw'S adoption in order to gauge success and to make adjustments that may be necessary due to provincial pOlicies or programs that may come into force and effect in the near future. The Advisory Committee on the Environment has recommended that the exception for Certified Pesticide Applicators [section 4(2)] be removed from Bylaw No. 7102. Staff recommend that the exception remain for the reasons stated in the report. 43 Staff Report - 2 - BACKGROUND: Defining Cosmetic Pesticides The term cosmetic pesticide refers to chemicals that are used for controlling plants and insects in lawns and gardens to enhance their appearance for non-essential reasons. AI! herbicides, insecticides and fungicides are included in the definition of pesticides. In Nanaimo, there continues to be concern over the use of chemical pesticides on gardens and lawns and the environmental harm to local streams, rivers and wetlands that can occur if used excessively and without taking appropriate precautions. This concern is primarily focused on residential homeowners who may use pesticides excessively or inappropriately without considering more environmentally benign options first The attached scientific studies underscore some of the concerns expressed regarding the impact of pesticides on the natural environment (see Schedule "A"). The Cosmetic Pesticide Reduction Strategy In September 2008, Council adopted a cosmetic pesticide reduction strategy for the City of Nanaimo. The strategy included: 1) establishing a household education program on the alternatives to pesticides; 2) Parks staff participation in the PlantHealthBC accreditation program; and 3) the drafting of a bylaw to restrict the use of cosmetic pesticides for residential lawn and garden use. A review of both the education program and the bylaw would also be conducted within three years of the bylaws adoption. To date: • The Regional District of Nanaimo's Team Watersmart program will help provide information on the pesticide alternatives program at locations within the City, over the course of the Spring and Summer. • Banners and event displays for the GO NATURAL education program have been produced through Capewell Designs and wi!! be used by community groups and the RDN's Team Watersmart during events in the City. • A GO NATURAL City webpage with information on the proposed bylaw for homeowners, has been setup and can be viewed at: http://www.nanaimo.ca/goto/pesticidefree . • Information on the GO NATURAL education program has been placed in the Spring I Summer edition of the Parks, Recreation and Culture Leisure Guide. • Alternative pesticide education presentations and GO NATURAL information will be provided to the public during the foHowing times: o March 12 - 14 Spring Festival Celebration of Island Gardening o Apr1l10 - Basics of Landscaping Workshop - Green Thumb Nursery o April 13 - Organic Master Gardener's Course Info Session - Gaia College o April 24- Natural Greenhouse Management - Nanaimo Community Gardens o May - Native Plant Workshop - Nanaimo Area Land Trust o June - Rain Garden Workshop - Team Watersmart o July - Canada Day at Maffeo Sutton Park - Team Watersmart o May - August Farmer's Market on Bowen Road - Team Watersmart. • Posters wi!! be sent to City horticulture retailers for public display. They will provide information on the City pesticides bylaw and where information on pesticide alternatives is available in the community. • Bylaw No. 7102 prohibits the use or permiSSion to use a pesticide for cosmetic purposes on trees, shrubs, flowers, other ornamental plants or turf on residential private land or land owned by the City. In its current form, the bylaw exempts individuals and/or companies trained in IPM, who are PlantHea!thBC accredited and who are provincially 44 Staff Report - 3 - certified pesticide applicators. The bylaw also makes an exception for managing alien invasive plant species, as listed within the Community Charter (B.C. Reg. 144/2004), on residential and city property. DISCUSSION: The City of Nanaimo Bylaw to Regulate the Use of Pesticides Currently across Canada, over 154 municipalities have cosmetic pesticide bylaws in place. In British Columbia, there are 28 municipalities with cosmetic pesticide bylaws, many of which include an educational element in addition to some form of restriction. Within the provincial Community Charter (B.C. Reg. 144/2004, 2(1)(b) (ii) and 2(2» (the regulation) local governments are specifically allowed to regulate the application of pesticides for the purpose of maintaining outdoor trees, shrubs, flowers, other ornamental plants and turf on parcels used for residential purposes or lands vested in a municipality. Generally speaking, "the municipality is able to regulate the uwhen", ~where" and "why" of pesticide application, filling in the gap of Provincial (how it can be applied and by whom) and Federal regulation (what can be applied)"'. Bylaw No. 7102 prohibits use or permission to use a pesticide for cosmetic purposes on trees, shrubs, flowers, other ornamental plants or tuJi on residential private land or land owned by the City. However, exceptions exist for individuals and/or companies with trained staff in IPM, who are also PlantHealthBC accredited. Due to legal limitations of what the City can and cannot regulate, which are laid out under Section 2(2) of the regulation under the Community Charter, the following cannot be regulated by bylaw in relation to the use of pesticides: • the management of pests that transmit human disease; • the management of pests that impact agriculture or forestry; • the residential area of farms; • buildings or inside of buildings; and • on land used for agriculture, forestry, transportation, public utilities or pipelines unless the utility or pipeline is vested in the municipality. The bylaw is recommended to not come into force and effect until April 2011 to allow for the public to become aware of the bylaw and for the community to have time to learn about available pest management alternatives. Businesses that deal with pesticides and that sell either products or services that could be promoted as alternatives to pesticides need time to make adjustments in their business practices. Investigations into any bylaw infractions wi!! be triggered through public complaints and wi!! be initially dealt with by providing educational material and directing alleged offenders to sources of information on pesticide alternatives. For repeat offenders, other measures, including ticketing, will be considered by the Bylaw Department as they feel appropriate. A review of both the education program and the effectiveness of the bylaw are also recommended within three years time of the bylaw's adoption in order to gauge success and to 1 Sierra Legal, 2007, "The Municipal Powers Report - Municipal Bylaws and Best Practices for Community Health and Environment Protection in Canada" 45 Staff Report - 4 - make adjustments that may be necessary due to provincial policies or programs that may come into force and effect in the near future. Current practice within City Parks The use of pesticides by the City of Nanaimo for its gardens and turf has been minimal over the years because of the Integrated Pest Management (IPM) approach taken in managing the City's gardens and turf. Council also made it policy that any pesticide application on City property must be justified within an IPM framework and that chemical pesticides are generally considered to be the last or most drastic measure to control any pest problem. Integrated Pest Management is an ecologically-based pest control strategy that relies on the following controls. 1. Biological controls - natural mortality factors such as using natural enemies. 2. Environmental control - such as ensuring the foliage of plants are properly watered, thereby reducing fungal disease. 3. Cultural control methods - such as keeping the planting area free of natural plant litter. 4. Physical control - such as manually weeding planting areas. Using pest-resistant plant species and heavily planting the areas therefore preventing room for weeds to thrive. 5. Mechanical control - such as using a rototiller to cultivate a bed just after weed germination. 6. [f pre~determined thresholds are exceeded and there is no other method effective, chemical control will be used to deal with the pest with emphasis on products that are least harmful to the environment and human health. The IPM approach complies with all requirements set out and regulated by the British Columbia Pesticide Control Act. As required, the City has a Pest Management Plan (PMP) for City lands, which is used when dealing with all plant health care issues. While the City has practiced IPM for some time, a number of local landscapers, arborists, and nurseries do not necessarily promote or use an IPM approach when dealing with their clients. To further promote the City as a role model and leader in the practice of [PM within the local horticultural industry, City of Nanaimo Parks, Recreation and Culture staff has recently achieved PlantHealthBC accreditation. PlantHealthBC is an industry~driven program delivered through the Institute of Sustainable Horticulture at Kwant!en Polytechnic University (KPU) along with Agriculture Canada and the Be Landscape and Nursery Association. The program trains commercial landscape care and grounds maintenance companies in the practice of IPM techniques. Advisory Committee on the Environment Recommendation On 2010·MAR~10, the Advisory Committee on the Environment held its monthly meeting and made recommendations regarding the draft bylaw. The recommendations were to remove the exceptions for [PM trained and certified pesticide applicators and for applying pesticides on land vested by the City. The Committee felt that since there are several exceptions already permitted under provincial legislation and because the bylaw is focusing on non~essential cosmetic use, there is no reason for using pesticides just to help make gardens and turf look aesthetically pleasing, when conSidering the possible impact to the natural environment. Staff acknowledges the points raised by the Advisory Committee on the Environment but feels there remains a need to keep the exception for certified pesticide applicators in place. When looking at managing lands vested by the City, there could be cost and/or safety implications jf a 46 Staff Report - 5 - major pest infestation takes hold on publically owned landscapes, gardens or turf. Allowing for IPM trained applicators to use pesticides when necessary protects these public investments. In addition. because certified applicators are trained and provincially certified, any and all pesticides would be used responsibly and timed for optimum effect, thereby eliminating misuse. B.C. Certified IPM Applicators are accountable for the products used and the City of Nanaimo is required to keep accurate records and have a Pest Management Plan registered with the B.C. Ministry of Environment. Staff also feels the exception for the public to continue to have access to trained IPM certified pesticide applicators for residential properties is reasonable at this time since businesses with certified applicators with this training will have the skills and knowledge in addressing garden and turf problems that don't require chemical application and should have the professional discretion to make the best decision that addresses the garden or turf problem. In the event there is a need to apply, certified applicators have the knowledge and skill on how best to apply any chemical in a manner that minimizes potential risks to the environment. Respectfully submitted, ~ 07i2 -;B~r~u~ce~A~n=-d~e~r;so~n~==::~======-----c~,L/~r~~~~u~c~k~e~r~~~======------Manager of Community Planning Director of Planning Development Services Department Development Services Department G:/commplan/Pesticide 8ylaw.docx Council Date: 2010-Apr-12 f.G.. ~ ment Semces De "-- 47 SCHEDULE "A" Scientific studies on the use of pesticides and their impact on the natural environment The following citations are for reference purposes and to support the reasoning for adopting Bylaw NO.7102 (A Bylaw to Regulate the Use of Pesticides in the City of Nanaimo). In one study, wetland communities were found to be dramatically impacted by species mortality rates from low concentrations of pesticides {both alone and in combinationY_ A separate study determined that lethal concentrations (greater than 50% mortality) for a number of North American amphibian species, such as the Western Toad (Buto boreas) and the Northwestern salamander (Ambystoma gracile), could be achieved by applying 0.8 to 2.0 mg per litre of glyphosate to larval eggs for these species. Salamanders appeared less sensitive, needing concentrations of 2.7 to 3.2 mg per litre before reaching an equivalent level of mortalitY'. While not intended to be applied directly to water bodies, pesticides could be inappropriately applied by untrained individuals and could negatively impact on loca! aquatic species. For example, a number of native frogs and toad species use ephemera! or verna! pools sites, which are seasonal pools found during the rainy season, but which dry up during the summer months. These pools can be used by several native species of amphibians as rearing habitat before migrating into !arger, more permanent, wetlands and watercourses. In the spring and summer months, the application of pesticides and herbicides (such as atrazine and glyphosate) on or adjacent to verna! pool sites can negatively impact these populations';;. i Reylyea, Rick A. 2009. A cocktail of contaminants: how mixtures of pesticides at low concentrations affect aquatic communities: Oecologia, Volume 159, pp 363 - 376. " Relyea, Rick A. and Deving K. Jones.2009. The Toxicity of Roundup Original Max to 13 species of larval amphibians Journal of Environmental Toxicology and Chemistry, Vol. 28, No.9, pp 2004 - 2008. '" 8attaglin A. Wifliam et aL 2008 The occurrence of glyphosate. atrazine, and other pesticides in vernal pools and adjacent streams in Washington, DC, Maryland. Iowa and Wyoming, 2005 - 2006 : Environmental Monitoring and Assessment, doi:10.1007/s10661 - 008-0435-y (web release) 48 2010-APR-01 STAFF REPORT TO: A. TUCKER, DIRECTOR OF PLANNING, DEVELOPMENT SERVICES FROM: J. HOLM, MANAGER, PLANNING DIVISION, DEVELOPMENT SERVICES RE: DVP152 -1066 PALOMINO PLACE STAFF'S RECOMMENDATION: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVP152 at 1066 Palomino Place. EXECUTIVE SUMMARY: A development variance permit application has been received from Kathleen M. Savory and Jeffrey S. Lott, to vary the provisions of the City of Nanaimo "ZONING BYLAW 1993 NO. 4000" to permit the existing oversized and over-height accessory building to be legalized and renovated in order to incorporate a secondary suite. BACKGROUND: Subject Property The subject property has a total area of 0.703 hectares (1.73 acres) and is zoned RS-3. The property is occupied by a two-and-a-half storey single family dwelling (SFO) and the subject accessory building which exceeds Zoning Bylaw allowances for accessory building size and height. Proposed Development The applicant wishes to renovate an existing two-storey accessory building, which was moved onto the property by a previous owner without a building permit. The subject building exceeds the maximum floor area and the maximum height for an accessory building. Proposed Floor Area Maximum Floor Area Proposed Floor Area Variance 70 m' (753.5 It') 99.22 m' (1068 It') 29.22 m' (314.5 It') Max Allowed Bldg Height Subject Building Height Proposed Height Variance 4.5 m (14.6 It) 6.6 m (20.7 It) 1.86 m (6.1 It) 49 -Page2- A portion of the foundation of the accessory building on the lower floor needs to be removed to address bearing soil conditions. The applicant proposes is to remove the portion of foundation on poor bearing soils and to remove the corresponding lower floor area. The applicant proposes to support the upper floor with a series of posts, which will be constructed under the supervision of both a structural and geotechnical engineer. A Structural Engineer will need to sign off on the existing building structure and recent improvements because no building permit was issued for subject accessory building. The applicant replaced the roof, siding and a few of the windows in the fan of 2009. The subject property has a new sewer treatment system which will accommodate the secondary suite. The renovated accessory building will have a first floor area of 32.33 m2 (348 fe) and a second floor area of 66.89 m' (720 ft') for a total square footage of 99.22 m' (1068 ft'). The secondary suite on the upper floor is 66.89 m2 (720 ff) which is less than the allowable 70 m2 (753 Fe) for a secondary suite in an accessory building. The first floor is proposed as accessory storage area to the principle single-family dwelling. The second floor suite is accessed via an outside stai/way and is not accessible through the ground floor storage area. Required Variances Height of an Accessory Building The height of an accessory building shaH not exceed the maximum height shown in the following table: Max Allowed B[dg Height Subject Building Height Proposed Height Variance 4.5 m (14.6 ft) 6.6 m (20.7 ft) 1.86 m (6.1 ft) Maximum Floor Area for an Accessory BuHding Proposed Floor Area Maximum Floor Area Proposed Floor Area Variance 70 m' (753.5 ft') 99.22 m' (1068 ft') 29.22 m' (314.5 ft') Respectfu!ly submitted, ~.L---...... ~~- A.TUCk8f Manager, Planning Division Director of Planning DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT GN/hdfpm/kb Council: 2010-APR-12 Prospero attachment: DVP00152 , Ted SW • ;'ne;ii,~i;;;;;-' ., Developrn nt Serv!cea Deportment '. 50 Development Variance Permit No. DVP00152 Schedule A 1066 Palomino Place Location Plan SCHEDULE A ,,," '"" RS8 DEVELOPMENT VARIANCE PERMIT NO. DVP00152 LOCATION PLAN Civic: 1066 Palomino Place Lot 36, Section 1, Nanaimo District, Plan 22763 _ Subject Property 51 ~/ ?ALoM1No PLAC.E ,,,'-"------~ , I I ....-- ,..- ! •f[ I ;~ ~1 L ! I: I !, c"~0 , I , ~, I ~. I L *.g 'h ~ I - §.@ :j Ul I I 0" t1 I ~ ..... o • I l- ' g~ ~ ;> I I, ~. ; ! .Z t 2" I t.) ._i~ N ! 0 '< ' §" D fj; i I I ~ ! I" I is ,! ~ ":;; 0 I 0 i , I ~ I I, Rl • ------I \G.7~---j"' ! I, --,-- ~ If! 0 HI "tl ["" Ci !!! ":r < , ~I ~ D 0 , ;; .. ~ ~ ~, "0:: o", "L 0 CD ~ !I-- 0 i>" a " 52 _____ ---l " Development Variance Permit No. DVP00152 Schedule C 1056 Palomino Place Height Survey B,C. LAND SURVEYOR'S CERTIFICATE OF PROPOSED LOC!'lTION ON: LOT 36, PLAN 22763, SECTIOfj 1, NANAIMO DISTRICT. SCALE 1:~OO DIStANC .. ANO "' ""AnON" M" tN M,T""". LOT OIMENSIONS A~ "~~11'£tl FROM RCGIS1E!IEO PlANS, CIIilCAOOR"'lS: '0" P,,",OMINO "<.AC<, PIO, OQ~-"""2, NOYES: ~OU$E DESIGN FROM M. PONNELL Y DRAwiNGS OA'ED F"""UAAY woo. VARIANCe REQUIRED 37 F>ROF>OSED HEIGHT VARIANCe = 1.8S "" \ • PLAN 22763 ~ ,,,VATION ,>\It GEODHfC ""D A~E D FG '00·1 DEMD'"S 'YI"GAL spor "~EVAriOM 0' PROPOS '<- " ,r:::, DVf'OOI5~ ,( \ 'in! 12Z;lS TtlIS pl,AN PUR.""", TO POsmON ""CYTHE ACtU"," ANOIOR PROl'Os£o 'M""OVEMENTIS) SHOWN RELII"VE to ON' Y l>IE aOUN[}.OJ r (,,,,,,",), 1h"'" "" ",,,_. -, t! 1, $."I "' j ',," '""l"',r~_ .. _, , ,>I " "'.. ro,,-~_~_ lOG Go ".. ~- 'PALO rv\ I 0 ", .. ". ~."," N """'"1· ("',,'NO' "' .. '.,q "'if! , .." ,,' " ... '''''·1 PLAC.E:.. <:j< l-i:.fi F"ROt>-lT ill""")"H,, i ~"'''Q u" ,,, '" . , H~ 'I, "," ,," 1..""",,, _"",,,,, "-. ,, ~ ~ , " (<<'''',/4) .,.", '",""'''0£. ".",0£ L-- A ...... ·' ""'/O.~~ t.._ (,,, ...... ) t ""''''''8_ -'" ,-'",- """"",--K""~ , ...:I jt~ :R'~~~!g~-,;j"' RIG.KT ".BoAC\(. J:;O " 1(1, I..-~.;:L:J;'Z·.~ ~, Y!±:-"_'__ t><>..... ; F"b. ZOO~ ------_ .. "';:'j>,_B.:l ~,Uo"'o.I~\'LY l -, / ,---- <><0_ ,[ ." 0 H 0" '" j>l 0 "m -0 0 ~ "- :{ i\"' " r b c: S' ?" -\'. ." ;;; TO ANDREW TUCKER, DIRECTOR OF PLANNING FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704 PROPERTY: 55 Comox Road LEGAL: Lots 1 & 2, Section 1, Nanaimo District, Plan 8110 OWNER: Newlook Capital NO.3 Corporation 162 East Hoy Lake Road Qualicum Beach, BC V9K 1L7 STAFF'S RECOMMENDATION: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner of 55 Comox Road to remove garbage, beds, mattresses, and miscellaneous debris from the premises within fourteen (14) days or the work wi!! be done by the City or its agents at the owner's cost. EXECUTIVE SUMMARY: A complaint was received about this property on 2010-Mar-17. A bylaw enforcement officer inspected the property and found garbage, beds, mattresses, and miscellaneous debris. Photographs were taken and are available for viewing. BACKGROUND: This is the first property maintenance complaint about this address. The owner was advised by registered mail that Council, at its meeting of 2010-Apr-12, will give consideration to ordering the property cleaned up pursuant to City of Nanaimo "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704". To date, the property has not been cleaned up, Respectfully submitted, C? Randy Churchill Manager 'rector of Planning Bylaw, Regulation and Security Council: 2010-Apr-12 Sw Yo Gene aMqer opm nt Serviees Department 56 2010-May-06 STAFF REPORT TO ANDREW TUCKER, DIRECTOR OF PLANNING FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704 PROPERTY: 724 McBride Place LEGAL: Lot 40, Section 1, Nanaimo District, Plan 31277 OWNER: Elizabeth Shannon 724 McBride Place Nanaimo, BC V9R 6H3 STAFF'S RECOMMENDATION: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner of 724 McBride Place to remove discarded wood and wood debris, household furniture, automobile parts, discarded windows and miscellaneous debris from the premises within fourteen (14) days or the work will be done by the City or its agents at the owner's cost. EXECUTIVE SUMMARY: A complaint was received about this property on 2010-Mar-22. A bylaw enforcement officer inspected the property and found discarded wood and wood debris, household furniture, automobile parts, discarded windows and miscellaneous debris. Photographs were taken and are available for viewing. BACKGROUND: This is the second property maintenance complaint about this address. The property was voluntarily cleaned up on the previous complaint. The owner was advised by registered mail that Council, at its meeting of 2010-Apr-12, will give consideration to ordering the property cleaned up pursuant to City of Nanaimo "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704". To date, the property has not been cleaned up. spectfully submitted, andy Churchill Andrew Tucker Manager Bylaw, Regulation and Security Council: 2010-Apr-12 57 2010-Apr-06 STAFF REPORT REPORT TO: ANDREW TUCKER, DIRECTOR OF PLANNING FROM: RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY RE: ILLEGAL SECONDARY SUITE - 4715 LOST LAKE ROAD PROPERTY: 4715 Lost Lake Road LEGAL: Lot 56, District Lot 55, Wellington District, Plan 25430 OWNER: Martin Billy Kish Donna Marie Kish 4715 Lost Lake Road Nanaimo, BC V9T 5C5 STAFF'S RECOMMENDATION: That Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner of 4715 Lost Lake Road to remove the structure or bring it up to standard within thirty (30) days. EXECUTIVE SUMMARY: The above property contains an illegal suite in contravention of City of Nanaimo "BUILDING BYLAW 2003 NO. 5693~. Photographs were taken and are available for viewing. BACKGROUND: An inspection revealed that a secondary suite was constructed in the single family dwelling. The owner was advised of the procedures to authorize the suite. As no action was taken, registered mail was sent to the owner advising that Council, at its meeting of 2010-Apr-12, wi!! give consideration to ordering the structure removed or brought up to standard pursuant to Sections 72 and 73 of the Community Charter. Respectfully submitted, ndy urc ( Andrew Tucker Manager Director of Planning Bylaw, Regulation and Security Council: 2010-Apr-12 2010-Apr-06 STAFF REPORT REPORT TO: ANDREW TUCKER, DIRECTOR OF PLANNING FROM: RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY RE: ILLEGAL SUITE IN A DUPLEX-3127 ROCK CITY ROAD PROPERTY: 3127 Rock City Road LEGAL: Lot 8, Section 5, Wellington District, Plan 13391 OWNER: David Eric Friars Linda Marie Friars 3223 ShealWater Drive Nanaimo, BC V9T 1T5 STAFF'S RECOMMENDATION: That Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner of 3127 Rock City Road to remove the structure or bring it up to standard within thirty (30) days. EXECUTIVE SUMMARY: The above property contains an illegal suite in a duplex in contravention of City of Nanaimo "BUILDING BYLAW 2003 NO. 5693". Photographs were taken and are available for viewing. BACKGROUND: An inspection revealed an illegal suite was constructed on the lower floor of the duplex at this address. Registered mail was sent to the owner advising that Council, at its meeting of 2010-Apr-12, will give consideration to ordering the structure removed or brought up to standard pursuant to Sections 72 and 73 of the Community Charter. Respectfully submitted, '--K>andy Churchill Andrew Tucker Manager Bylaw, Regulation and Security Council: 2010-Apr-12 59 201O-MAR-31 STAFF REPORT REPORT TO: T. P. SEWARD, DIRECTOR, DEVELOPMENT FROM: J. D. KINCH, MANAGER, BUILDING INSPECTION DIVISION RE: STRUCTURE REMOVAL ORDER - 2350 AUTUMNWOOD DRIVE ILLEGAL NONCONFORMING ADDITION AND NONEXISTANT DECK GUARDS STAFF'S RECOMMENDATION: That Council, pursuant to Section 73 of the Community Charter, hereby resolves that: 1. construction has taken place at 2350 Autumnwood Drive to remove the deck guards, build an addition to the side of the Single Family Dwelling which is considered to be in contravention of the BG Building Gode and the "BUILDING BYLAW 2003 NO. 5693"; and 2. the Owner/Agent/Lessee and Occupier of the Single Family Dwelling is hereby ordered to take the following remedial action within 30 days of the receipt of notice of this Order: "Remove the addition and install guards that comply with the Be Building Code on the deck" EXECUTIVE SUMMARY: The property located at 2350 Autumnwood Drive was inspected as the result of a complaint. At the time of the Inspection it was determined that the required guards were removed from the second storey deck and that construction had taken place to enclose a portion of the deck to create living space. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693" and the method of construction was not in compliance with the BG Building Gode (BGBG). BACKGROUND: The Building Inspector contacted the Owner of 2350 Autumnwood Drive by telephone and advised of the nonconformity and the requirement for a Building Permit. As no Building Permit application was forthcoming, correspondence was sent to the Owner on 2009-NOV-19 advising of the continued nonconformity and that enforcement by way of Council would be imminent as a result of continued noncompliance. The Building Inspector attended the property on 2010-FEB-01 at which time it was noted that the BGBG deficiencies still existed and the nonconforming status was unchanged. 60 Page 2 At the Regular Meeting of Council held 201 O-JAN-11, Council passed a resolution respecting the contravention of certain bylaws pursuant to Section 57 of the Community Charter and as such Bylaw Contravention Notice FB325686 was registered with the Land Title and Survey Authority of British Columbia on 2010-JAN-20 to reflect the illegal nonconforming construction. Correspondence was sent to the Owners by registered mail advising that Council, at its Regular Meeting to be held 2010-APR-12 will give consideration to ordering that the illegal second floor addition be removed, that BGBG compliant guards be installed on the deck as well as requesting that the Owners contact the Building Inspector to work towards resolving the issue prior to the Meeting. File summary: Received complaint 2009-JUL-22 letter requesting Building Permit 2009-NOV-19 Letter advising of Council date for Section 57 Notice 2009-DEC-22 Inspection completed 2010-FEB-01 Registered letter advising of Council date for Removal Order 2010-MAR-30 Respectfully submitted, . . Kinch, Manager Building Inspection Division DEVELOPMENT SERVICES DEPARTMENT Council: 2010-APR-12 NR p:\prospero\civlc\building\cib0172O\cib01720 council report removal order.doc Obey, General Manaqer 10 ment Services Department 61 2010-MAR-30 STAFF REPORT REPORT TO: T. P. SEWARD, DIRECTOR, DEVELOPMENT FROM: J. D. KINCH, MANAGER, BUILDING INSPECTION DIVISION RE: STRUCTURE REMOVAL ORDER - 42 KANAKA PLACE ILLEGAL NONCONFORMING DECK AND STAIRS STAFF'S RECOMMENDATION: That Council, pursuant to Section 73 of the Community Charter, hereby resolves that 1. construction has taken place to attach a deck to the rear of the Single Family Dwelling located at 42 Kanaka Place and is considered to be in contravention of the BC Building Code, "BUILDING BYLAW 2003 NO. 5693", "ZONING BYLAW 1993 NO. 4000"; and 2. the Owner/Agent/Lessee and Occupier of the Single Family Dwelling is hereby ordered to take the following remedial action within 30 days of the receipt of notice of this Order: "Remove the portion of the deck and the stairs that are within five feet of the property line and install guards that comply with the Be Buiding Code on the side of the deck» EXECUTIVE SUMMARY: The property located at 42 Kanaka Place was inspected on 2009-JUN-24 as the result of a complaint. At the time of the Inspection it was determined that a deck and stairs were under construction at the rear of the Single Family Dwelling (SFD). No Building Permits were obtained n for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693 , a portion of the deck and the stairs were located within five feet of the property line in contravention of "ZONING BYLAW 1993 NO. 4000" and the method of construction was not in compliance with the BG Building Gode (BGBG). As such, a 'Stop Work' notice was posted. BACKGROUND: As the result of a 'Stop Work' notice being posted, correspondence was sent to the Owners of 42 Kanaka Place on 2009-JUN-25 advising of the nonconforming construction and requesting that a Building Permit application be forthcoming prior to the work commencing or enforcement by way of Council would be imminent. Numerous attempts were made to contact the Owners by email and telephone with no success. The Building Inspector attended the property on 2010-MAR-02 at which time it was revealed that construction had commenced without any regard for the 'Stop Work' notice and that BGaG deficiencies existed; including, nonco~min~ stairs, guards and handrails. Cound ~~. 1:1 In--Um At the Regular Meeting of Council held 2009-0CT-05, Council passed a resolution respecting the contravention of certain bylaws pursuant to Section 57 of the Community Charter and as such Bylaw Contravention Notice FB305504 was registered with the Land Title and Survey Authority of British Columbia on 2009-0CT-13 to reflect the illegal nonconforming construction. Correspondence was sent to the Owners by registered mail advising that Council, at its Regular Meeting to be held 2010-APR-12 will give consideration to ordering that the components of the deck and the stairs be removed as well as requesting that the Owners contact the Building Inspector to work towards resolving the issue prior to the Meeting. File summary: Received complaint 2009-JUN-22 Inspection completed 2009-JUN-24 Letter requesting Building Permit 2009-JUN-25 LeUer advising of Council date for Section 57 Notice 2009-SEP-24 Inspection completed 2010-MAR-02 Registered letter advising of Council date for Removal Order 2010-MAR-30 Respectfully submitted, Kinch, Manager T. P. Seward, Ji ~. Dire~or Buudin9lnS:ction Division Development DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT Council: 2010-APR-12 NR p:\calls\attachments\200861\cib01693 council report removal order.doc 11 ,neral Manaqer o :va opment Semcee Oeportmern 63 2010-APR-01 STAFF REPORT REPORT TO: T. P. SEWARD, DIRECTOR OF DEVELOPMENT FROM: J. D. KINCH, MANAGER, BUILDING INSPECTION DIVISION RE: UNRESOLVED BUILDING DEFICIENCIES I BYLAW CONTRAVENTION NOTICES STAFF'S RECOMMENDATION: That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the properties listed below at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter: (1) 3127 Rock City Road - lIIega! Construction I Addition to include an mega! Dwelling Unit (2) 564 Campbell Street - Illegal Construction / Alterations to include two Illegal Dwelling Units EXECUTIVE SUMMARY: Construction has been undertaken at the following property(ies) that is not in compliance with "BUILDING BYLAW 2003 NO. 5693", "ZONING BYLAW 1993 NO. 4000" or the applicable edition of the BC Building Code (BCBC). BACKGROUND: (1) 3127 Rock City Road -Illegal Construction / Addition to include an Illegal Dwelling Unit Owner(s): David E. Friars Linda M. Friars 3223 SheaIWater Drive Nanaimo BC V9T 5W9 Legal: Lot 8, Section 5, Wellington District, Plan 13391 P. I. D.: 000-363-154 Staff attended the Duplex located at 3127 Rock City Road on 201O-MAR-11. At that time it was revealed that an addition had been constructed at the rear of the Duplex in order to incorporate an illegal Unit, including a complete kitchen and that the current floor layout of the Duplex is not in compliance with the approved floor plans on file. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693". A Bylaw Contravention Notice is recommended to be registered on the property title to advise individuals with future interest in the property of the nonconformity. The Notice provides disclosure to potential owners to protect taxpayers of PllSpjble Flaims against the noncompliant work. ~ lound ... Comm~ __, ~MeetIng [J In-Umera MeetIng 64 Meeting Dale: 'dOlO -('tfg - I d Page 2 This property is also being considered by Council this evening with the recommendation that a resolution be passed under Section 72 of the Community Charter for a Removal! Upgrade Order. This Order requires that the Owners remove the illegal Dwelling Unit components from the Duplex, including; the cooking facility, wiring for the stove, plumbing for the kitchen sink, upper cupboards and locking doors between the Unit and the corresponding side of the Duplex. File summary; Received notification 2010-FEB-24 Inspection undertaken 2010-MAR-ll Letter advising of Council date for Section 57 Notice 2010-MAR-18 letter advising of Council date for Removal Order 201O-MAR-18 (2) 564 Campbell Street - Illegal Construction ! Alterations to include two Illegal Dwelling Units Owner(s): Irina Stafeeva Alexander Kamel 564 Campbell Street Nanaimo BC V9R 3H1 Legal: Lot 4, Block 45, Section 1, Nanaimo District, Plan 584 P. I. D.: 008-813-833 The Single Family Dwelling (SFD) located at 564 Campbell Street was inspected on 2008-MAR-26. It was found that illegal construction had taken place to incorporate two Dwelling Units within the lower floor of the SFD creating an illegal Triplex. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693". The property located at 564 Campbell Street is Zoned C-17, permitting Multiple Family Dwellings, allowing for the Triplex to remain in compliance with ~ZONING BYLAW 1993 NO. 4000", providing that the necessary BC Building Code (BCBC) upgrades are undertaken to facilitate the change of use The upgrades would also include the implementation of a fire sprinkler system, pursuant to "BUILDING BYLAW 2003 NO. 5693". Three options are available to the Owners, and Staff is working with the Owners in order that they can decide to either return the building to its original approved status as a SFD, remove one Unit, returning the building to an SFD with a Secondary Suite, or moving forward to create a compliant Multiple Family Dwelling (Triplex). The Owners have stated to Staff that anyone of these options is going to create considerable financial hardship. Correspondence was sent on 2010-MAR-01 requesting that the Units be vacated until such time as a Building Permit is completed to rectify the current life safety deficiencies, creating a compliant Dwelling. Staff is recommending that a Bylaw Contravention Notice be registered on the property title to advise individuals with future interest in the property of the nonconformity. The Notice provides disclosure to potential owners to protect taxpayers of possible claims against the noncompliant work. Should the Owners not comply with either the upgrades or removal; the property will be referred to a Council Meeting for additional enforcement action in the future. 65 Page 3 File summary: Discussions regarding alternatives between Staff and Owners 200S-FEB I 2009-DEC Letter advising of nonconformities and requirements 2009-DEC-OS Letter in response to 2010-JAN-25 meeting 2010-FEB-17 Letter in response to 2010-FEB-26 meeting 2010-MAR-01 Letter advising of Council date for Section 57 Notice 2010-MAR-29 Respectfully submitted, J. D. Kinch T. P. Seward c4i MANAGER, BUILDING INSPECTION DIVISION DIRECTOR OF DEVELOPMENT DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT Council: 2010-APR-12 NR g:\devbJdg\councit\2010 reports\neJda\2010apr12 section 57 report.doc , General Manager en! s..""""" Depor1ment 66 2010-MAR-29 STAFF REPORT REPORT TO: I. HOWAT, DIRECTOR OF LEGISLATIVE SERVICES FROM: J. E. HARRISON, MANAGER OF LEGISLATIVE SERVICES RE: AMENDMENT TO THE ECONOMIC DEVELOPMENT COMMISSION BYLAW STAFF'S RECOMMENDATION: That Council receive the report pertaining to "ECONOMIC DEVELOPMENT COMMISSION AMENDMENT BYLAW 2010 NO. 7098.01", which appears under the Bylaws section of this evening's agenda. EXECUTIVE SUMMARY: At the Regular Meeting held 2010-MAR-22, Council adopted a motion to amend "ECONOMIC DEVELOPMENT COMMISSION BYLAW 2010 NO. 7098" to designate the Provincial representative on the Commission a non-voting member and to add one more at-large position to make a total of four at-large positions on the Economic Development Commission. BACKGROUND: Pursuant to Section 7 (2) of "ECONOMIC DEVELOPMENT COMMISSION BYLAW 2010 NO. 7098", Staff requested that the Ministry of Small Business, Technology and Economic Development appoint a representative to serve on the Economic Development Commission. The Ministry provided the name of its appointee with the proviso that the Ministry's representative serve as a non-voting member. As a result of the request by the Ministry, City Staff prepared a report recommending that Council increase the at-large membership on the Commission from three to four members to maintain voting membership on the Commission at thirteen members. At the Regular Meeting held 2010-MAR-22, Council passed a motion to designate the Provincial representative a non-voting member and to add one more at-large position to make a total of four at-large positions on the Economic Development Commission. Respectfully submitted, J E. Hamson [an Howat ~, Douglas Holmes Manager of Legisaltive Services Director of Legislative Ser ces • GM of Corporate Services Council: 2010-APR-12 L :\docsearch\rpts\admin\ 67 ~ .. , 2010-APR-06 STAFF REPORT REPORT TO: T. HICKEY, DIRECTOR, ENGINEERING & PUBLIC WORKS FROM: S. RICKETTS, MANAGER, ENGINEERING CONSTRUCTION RE: NORTHFIELD ROAD - DORMAN RD TO BOUNDARY AVE WATERMAIN UPGRADE RECOMMENDATION: That Council awards the contract for Northfield Road - Dorman Rd to Boundary Ave Watermain Upgrade to the low tenderer, Palladian Developments Inc., for the low bid of $681,678.19. EXECUTIVE SUMMARY: This project replaces a kilometer of 1960's vintage asbestos cement watermain which has reached the end of its service life. The new watermain will improve fire flows to the Northfield Industrial Park. Tenders were called for the Northfield Road - Dorman Rd to Boundary Ave Watermain Upgrade Contract on 2010-MAR-16. Eight (8) tenders were received by the Manager of Purchasing and Stores on Tuesday, 2010-MAR-30 and opened in the Purchasing and Stores Department at 2:00 p.m. 1. Palladian Developments Inc. $ 681,678.19 2. Locar Industries Ltd. $ 797,483.00 3. Knappett Industries Ltd. $ 811,343.00 4. Hazelwood Construction Services Inc. $ 868,834.04 5. Saywell Contracting $ 880,892.67 6. Fournier Excavating Ltd. $ 897,382.00 7. Hub Excavating Ltd. $ 999,462.00 8. Windley Contracting Ltd. $1,156,337.76 The tenders were checked. Two mathematical errors were found and corrected in the Fournier Excavating Ltd. and Windley Contracting Ltd. tenders. The Palladian tender was signed by an authorized officer and sealed, but the signature was in the wrong location. A review by the City solicitor confirms this tender still complies substantially with the tender instructions and Staff recommend acceptance. The low tender of $681,678.19 is within the City's bUdget~p72)' ~~ Respectfully submitted, ._ ~~ .. '~ S. Ricketts, Manager T. Hickey, Director Engineering Construction Engineering & Public Works A. Laidlaw, General Manager Community Services 68 Page 2 Northfield Road - Dorman Rd to Boundary Ave Watermain Upgrade Location Plan Council: 2010-APR.12 wj G:\Adminstration\Council Reports\2010\RPT100412 Northfield Rd - Dorman to Boundary Contract.docx 69 STAFF REPORT REPORT TO: T. HICKEY, DIRECTOR, ENGINEERING & PUBLIC WORKS FROM: S. RICKETTS, MANAGER, ENGINEERING CONSTRUCTION RE: SANITARY SEWER RELINING CONTRACT EXTENSION RECOMMENDATION: That Council extends the existing contract for the 2010 Sewer Relining Contract to the low tenderer, Mar-Tech Underground Services Ltd., for the amount of $285,229.10. EXECUTIVE SUMMARY: In early March, the 2010 Sewer Relining Contract was awarded to reline the sanitary sewers in the Brechin Area Neighbourhood and along Wakesiah Avenue. The tender results were as follows: 1. Mar-Tech Underground Services Ltd. $121,055.84 2. Michels Canada Co. $228,477.00 3. Insituform Technologies Ltd. $239,725.00 The 2010 Budget includes several other small sanitary sewer repairs throughout the City identified by our ongoing sewer assessment program. Staff reviewed the additional projects with Mar-Tech Underground Services Ltd. who agreed to extend their contract unit rates. Extending their contract makes good economic sense given the excellent pricing we received with their tender. In accordance with Finance policy, this increase requires approval by Council. The additional costs of $285,229.10 are within the City's budget. A~ S. Ricketts, Manager, T. Hickey, Director. Engineering Construction Engineering & Pu' IC Works A. Giav$', General Manager Community Services 70 2010-MAR-24 FOR INFORMATION ONLY TO: A. TUCKER, DIRECTOR OF PLANNING, DSD FROM: J. HOLM, MANAGER OF PLANNING, DSD RE: LA50 I APPLICATION FOR STRUCTURAL CHANGE - 275 SKINNER STREET STAFF'S RECOMMENDATION: That Council receive the report. EXECUTIVE SUMMARY: The City has received a copy of an application to the Liquor Control and Licensing Branch (LCLB) from Mr. Paul Manhas for a structural change to an existing liquor-primary establishment at 275 Skinner Street (The Palace Hotel- Schedule 'A'). Mr. Manhas is applying to increase the size of the existing patio iocated in the rear of the pub. The purpose of this information report is to advise Council of the application in advance of Staff requesting comments from adjacent property owners and occupants. As Council is aware, a municipal resolution is required before the province will consider the application further. BACKGROUND: Mr. Manhas has applied to the LCLB to permit a 64.5m2 extension to the existing 60.5m2 patio located behind the Palace Hotel. As part of the application to amend the liquor primary license, the LCLB requires the local government to consider the potential for noise and any impact the application may have on the community. A Public Notice and Comment sheet wi!! be mailed and delivered to aU of the owners and occupants of buildings and properties surrounding the subject location at 275 Skinner Street. All referral responses, including comments from the RCMP, will be summarized and attached to a future report. As per Councit policy, this report has been placed on this evening's agenda for information only. Respectfully submitted, liI'toonCIl J. Holm A Tucker C Committee...... Manager, Planning Division Director of Planning C Open Meeting Development Services Department Development Servi DV~Meeting Meeting Ilat>: I? DSlpm 2M! -rtf! - Council: 201fJ..APR-12 Prospero: LASO 71 SCHEDULE A 94 Port Theatre 1 ,/ 99 9OUbraf'/ / 97 82 84 New VJ /-*~ 87 'Ii,gi" I p- 75 ------gao ~,/~ 51 45 41 43 39 i~ 37 \ ( \ <--~-3355:\ \Q 01 \ ~OO '0 1 . \/ \ ~'/ i ~ 1 \ 0 \ \ \ \~ APPLICATION FOR A PERMANENT CHANGE I" TO A LIQUOR PRIMARY LICENCE NO. LA000050 SUBJECT CJ PROPERTY LOCATION PLAN NOTIFICATION AREA Civic: 275 Skinner Street o 72 2010-APR-02 FOR INFORMATION ONLY REPORT TO: ANDREW TUCKER, DIRECTOR OF PLANNING FROM: BRUCE ANDERSON, MANAGER OF COMMUNITY PLANNING RE: NEIGHBOURHOOD PLAN PROCESS UPDATE STAFF'S RECOMMENDATION: That Council receive the report for information. EXECUTIVE SUMMARY: As endorsed by Council at their regular meeting of 2009-MAY -25, a five phase neighbourhood plan process is currently underway for both the Newcastle + Brechin area and the South End area. Both plan processes have now completed Phase Three (Concepts and Options), while ensuring numerous opportunities for public consultation throughout the entire process. Following the 2009-0EC-14 Phase One update report to Council, Phases Two and Three have now been completed. Phase Two included Issues & Opportunities Workshops held in November and Design Charrettes held in January, and Phase Three included preparation of guiding principles, concepts and options for each neighbourhood plan area which were presented to the public at open house events held in March 2010. BACKGROUND: The City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500" (planNanaimo) was adopted by Council in September 2008. Goal Seven speaks to neighbourhood planning as critical to achieving the objectives of planNanaimo. The Implementation Strategy (Goal Seven) of the OCP included commitments to complete neighbourhood plans for both the South End area and the Stewart Avenue I Brechin Hill area (encompassed by the Newcastle + Brechin plan area) within five years of Ihe date of adoption of the Official Community Plan (OCP). These neighbourhood plans speak to the specific needs and desires of neighbourhoods within the context of the OCP. They provide for more detailed policies to guide future land use, transportation, servicing, among others. They also provide further guidance for zoning on individual properties. In accordance with the Terms of Reference adopted by Council on 2009-MAY-2S, a neighbourhood plan process for both the Newcastle + Brechin area and the South End area has progressed to Phase Three. ""~"'_'.-=="".,-.,.",_,-~_,_,.,...,_~~"="~",..,,,=_,, ,~~,,-.===, >·_'-__ "'>~"'~<0'''''_'_·P_-~~_=~~'''-=-=C===_~''''_'''''==_<_'- ) I Neighbourhood Plan Process ; ! Phase One - Commencement and Neighbourhood Context I i Phase Two - Issues & Opportunities I Neighbourhood Vision ;' ,! Phase Three - Concepts and Options Preparation I Selection I Phase Four - Draft Plan 1 j Phase Five - Final Plan and Adoption J _~~,~,",-_~_.<_,",",=,",,,,",,_•• ~.,".,o _>~ __ ,~_,..,, ___ .~ __ ,,_ ••_.'~'" -'-"._~"'~~~~'=_'''.-c_ ~w~."",.~-_, ,,'="'-~-._-_~e"<"~.~<~",."~;- . li:fCoondI 1:1 (mnmitree-- a~~ 73 ~~ 2D/O /W-r2 Staff Report -2- Phase One of this process, which allowed for an opportunity to introduce the planning process to the neighbourhoods, and to present background information and gather initial comments from residents and businesses in the area, was completed and an update report submitted to Council 2009-0EC-14. Since that time, Phases Two and Three have been concluded, both of which involved considerable input from the neighbourhood committees and through public consultation, including: ~ Regularly scheduled neighbourhood committee meetings; ~ Issues & Opportunities Workshops, involving significant input from the community; »- Design Charrettes; ~ Concepts and Options Open Houses; ~ Invitations to Open Houses and Workshops advertised on Facebook, City website, local newspapers, and delivered to all neighbourhood properties; ~ Web pages maintained for each neighbourhood plan process; and ~ Discussions with numerous external agencies and interest groups respecting various aspects of the neighbourhood plan process. The Issues & Opportunities Workshop for the Newcastle + Brechin Neighbourhood Plan was held 2009-NOV-10 and attended by approximately 46 people. This was followed up with a two-day Design Charrette held in January 2010, attended by 44 people and facilitated by the design consultants contracted to produce an urban design framework for the neighbourhood plan. The resulting information obtained from these public events, in addition to that obtained from Phase One was compiled and utilized to generate concepts and options for the Concepts and Options Open House held 2010-MAR-09, including the proposed guiding principles of the plan. This Open House was attended by approximately 184 people, with Comments Sheets made available at the Open House and on the City's website. A total of 120 Comments Sheets were completed (including 26 online submissions), representing a 65% response rate of those who attended. Comments received from the Open House emphasized maintaining views, ensuring suitable scales of development (for example, building height and design, residential densities), preserving and enhancing the natural environment, calming traffic, and continuing efforts to provide for a walkable, green neighbourhood with an extensive trail I boulevard network. Phases Two and Three for the South End Neighbourhood Plan similarly included an Issues & Opportunities Workshop, Design Charrette, and Concepts and Options Open House. The Issues & Opportunities Workshop was held 2009-NOV-12 and attended by approximately 42 people. A two-day Design Charrette was subsequently held in January 2010, attended by 43 people, again facilitated by the design consultants Again, all information received through Phases One and Two was compiled and utilized to generate concepts and options for the Concepts and Options Open House held 2010-MAR-02, including the proposed guiding principles of the plan. This Open House was attended by approximately 106 people, a total of 54 Comments Sheets completed (including three online submissions), representing a 51% response rate of those who attended. Comments received from the Open House emphasized neighbourhood beautification, interconnectivity of parks and open space (including waterfront access), traffic and pedestrian safety, economic development, and working toward a safe, vibrant and sustainable mixed use neighbourhood. 74 Staff Report -3- Following the Concepts and Options Open Houses, Phase Four (Draft Plan) of the process has been initiated. Staff are currently in the process of reviewing and developing outlines for the neighbourhood plans and continuing discussions with both the neighbourhood committees and relevant external agencies regarding content for the draft neighbourhood plan. It is anticipated a draft neighbourhood plan wi!! be presented to the public in May and then a final draft neighbourhood plan in June. Following this, a recommendation from PNAC will be forwarded to Council for consideration in September 2010. Additional information on the neighbourhood plan process, including all public comments received through Phases One to Three, is available on the City website at www.nanaimo.ca/newcastle and www.nanaimo.calsouthend, and from Community Planning staff. Respectfully submitted, Bruce Anderson, Age Manager of Community Planning Director of Planning Development Services Department Development Services Department dj g:\commplan\admin\ Council Date: 2010-APR-12 Ted Swabey. Gene, lopmant Services ~ 75 CITY OF NANAIMO BYLAW NO. 4000.464 A BYLAW TO AMEND THE CITY OF NANAIMO "ZONING BYLAW 1993 NO. 4000" WHEREAS the Council may zone land, by bylaw, pursuant to Sections 890, 891, 903 and 904 of the Local Government Act, THEREFORE BE IT RESOLVED the Municipal Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as the ·ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.464". 2. The City of Nanaimo ·ZONING BYLAW 1993 NO. 4000" is hereby amended as follows: (1) By rezoning the land legally described as LOT 1 (DD ED55110), SECTION 1, NANAIMO DISTRICT, PLAN 10322 from Single Family Residential Zone (RS-la) to Single Family Residential Small Lot Zone (RS-6) as shown on the attached Schedule "A". PASSED FIRST READING 2009-0CT-05 PASSED SECOND READING 2009-0CT-05 PUBLIC HEARING HELD 2009-NOV-05 PASSED THIRD READING 2009-NOV-23 COVENANT REGISTERED 2010-MAR-19 ADOPTED,______ MAYOR DIRECTOR, LEGISLATIVE SERVICES File: RA000226 Address: 635 Second Street 76 Bylaw 4000.464 SCHEDULE A I 0 00 ~ 177 rl 0 N 'T rl"- 0 //~\ rl Acacia Ave .,0 186 -- -/ 0 190 109 r<) L/") Q) ro ro "-ro 179 rl rl rl l--- »< 194 \.,f) "3/ CD "'C "'0 I- 'T 00 101 0 00 rl r<) rl CJ) rl L/") "- L/") CJ) CJ) 'T r<) ro ro 0 File: RA000226 Civic: 635 Second Street .... Subject .... Property LOCATION PLAN 77 CITY OF NANAIMO BYLAW NO. 7101 A BYLAW TO AUTHORIZE A HOUSING AGREEMENT WHEREAS Section 905 of the Local Government Act provides that Council may enter into a Housing Agreement with an owner which may include terms and conditions agreed to regarding the occupancy of the housing-units identified in the Agreement; and WHEREAS the Council wishes to enter into such an Agreement with respect to certain housing units located in the City of Nanaimo; THEREFORE BE IT RESOLVED that the Council of the City of Nanaimo in open meeting assembled, hereby ENACTS AS FOLLOWS: 1. This Bylaw may be cited as the "HOUSING AGREEMENT BYLAW 2010 NO. 7101". 2. The Council of the City of Nanaimo hereby authorizes the Mayor and Director of Legislative Services to enter into an Agreement, on behalf of the City of Nanaimo, in substantially the form attached hereto as Schedule 'A', which sets out the terms and conditions of the occupancy of the housing units identified in the Agreement. The land identified in the Agreement is legally described as 'THAT PART OF SECTION 1, NANAIMO DISTRICT, SHOWN OUTLINED IN RED ON PLAN 1006R EXCEPT PART IN PLAN VIP60488." 3. Upon execution of the Agreement by the Mayor and Director of Legislative Services and application of the seal of the City of Nanaimo, this Agreement shall be validly entered into as authorized by this Bylaw. PASSED FIRST READING 2010-MAR-22 PASSED SECOND READING 2010-MAR-22 PASSED THIRD READING 201O-MAR-22 ADOPTED ______ MAYOR DIRECTOR, LEGISLATIVE SERVICES File: CIP 01381 Address: 477 Tenth Street Applicant Salish Lelum Society 78 SCHEDULE A HOUSING AGREEMENT THIS AGREEMENT made this dayo! ,2010 BE1WEEN: CITY OF NANAIMO 455 Wallace Street Nanaimo, Be V9R 5J6 (the "City") OF THE FIRST PART AND: SALISH LELUM HOUSING SOCIETY 774-8 Centre Street Nanaimo, Be V9R4Z6 [Registration No. forthcoming} (the "Owner") OF THE SECOND PART WHEREAS: A. The City may, by agreement under section 905 of the Local Government Act, enter into a housing agreement with an owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions referred to in section 905(2) of the Local Government Act; B. The Owner is the registered owner in fee-simple of the lands described as: PID: 009-762-779 That Part of Section 1, Nanaimo District, shown outlined in red on Plan 1006R, except Part in Plan VIP60488. (the "Parent Parce!"); c. The Owner wishes to develop an affordable housing project with 18 units (dwelling units, sleeping units or combination) intended for occupancy by tenants (the "Housing Units") on that part of the Parent Parcel comprising 2,042 square metres, more or less, shown as the proposed Lot 1 on the Tentative Plan of Proposed Subdivision prepared by J.E. Anderson & Associates, a reduced copy of which is attach to this Agreement as Schedule "A" (the "Lands"). 79 - 2- D. The City wishes to enter into this agreement (the "Agreement") to establish terms and conditions regarding the occupancy of the Housing Units identified in the Agreement and the Owner has agreed. NOW THEREFORE THIS AGREEMENT WITNESSES that pursuant to section 905 of the Local Government Act and in consideration of the premises and covenants contained in this Agreement, the parties hereto covenant and agree with the other as follows: 1.0 INTERPRETATION 1.1 The City and the Owner agree that the definitions in the City of Nanaimo's Zoning Bylaw 1993 No. 4000, as amended from time to time, apply to the interpretation of the terms in this Agreement. 2.0 OCCUPANCY OF HOUSING UNITS 2.1 The Owner covenants and agrees with the City that a minimum of seven (7) of the Housing Units be occupied by persons who have an income that is equa! to or less than the Housing Income Limit (HIL) as established by Canada Mortgage and Housing Corporation ("CMHC") (or BC Housing) from time to time for Nanaimo. 2.2 Should HIL's no [anger be produced by CMHC or BC Housing, then the income level applicable to section 2.1 shall be detennined by reference to the most recently available HIL figures for Nanaimo plus an annual adjustment no less than the Cost of Living Allowance ("COLA") prepared by Statistics canada. If necessary for this calculation. the 2010 HIL figures for Nanaimo are as follows: Bachelor $21,000 1 Bedroom $26,500 2 Bedroom $33,000 3 Bedroom $37,500 4 Bedroom $40,500 3.0 ANNUAL REPORT 3.1 The Owner further covenants and agrees that during the term of this Agreement. it will, commencing on the first anniversary of the date an occupancy permit is issued for the building on the Lands. and on that anniversary date annually thereafter, provide to the City's Genera! Manager of Development Services a report in writing confirming: (a) that the Housing Units continue to be occupied as required under this Agreement; (b) identification by suite number of the Housing Units that are being rented to tenants who qualify under Part 2 of this Agreement; and (c) the total number of tenants of the Housing Units and the total number of tenants who qualify under Part 2 of this Agreement. 80 - 3- 4.0 BINDING EFFECT 4.1 This agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors, administrators and permitted assignees. 5.0 ENFORCEMENT AND WAIVER 5.1 Nothing contained or implied herein shall prejudice or affect the rights and powers of the City in the exercise of its functions under any public or private statutes, bylaws, orders and regulations, all of which may be fully and effectively exercised in relation to the Lands as if this Agreement had not been executed and delivered by the Owner. The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing failure, whether similar or dissimilar. 5.2 The parties agree that the City is not obligated to inspect the Lands or to otherwise ensure compliance with this Agreement, nor is the City obligated to remedy any default of this Agreement. A failure by the City to enforce this Agreement shall not constitute a waiver of any of the City's rights hereunder. 5.3 No remedy under this Agreement is deemed to be exclusive but will, where possible, be cumulative with all other remedies available at law or in equity. 5.4 The Owner covenants and agrees that, in addition to any remedies that are available under this Agreement or at law, the City is entitled to all equitable remedies, including specific performance, injunction and declarative relief to enforce its rights under this Agreement. The Owner acknowledges that specific performance, injunctive relief (mandatory or otherwise) or other equitable relief may be the only adequate remedy for a default by the Owner under this Agreement. 6.0 NOTICE TO BE REGISTERED IN LAND TITLE OFFICE 6.1 Notice of this Agreement shall be registered in the Land Title Act by the City at the cost of the Owner in accordance with section 905 of the Local Government Act, and this Agreement shall be binding on all persons who acquire an interest in the Land after registration of this notice. 7.0 TERMINOLOGY 7.1 Wherever the singular, masculine or neuter are used throughout this Agreement, the same shall be construed as meaning the plural or the feminine or the body corporate or politic as the context requires. 81 - 4- 8.0 BC LAWS GOVERN 8.1 This Agreement shall be construed in accordance with and governed by the laws applicable in the Province of British Columbia. EXECUTED BY THE CITY at , British Columbia, this __ day of__ __,2010. CITY OF NANAIMO by its authorized ) signatories ) ) ) ) ) ) EXECUTED BY THE OWNER at , British Columbia, this __ day ot __,,2010. SALISH LELUM HOUSING SOCIETY ) by its authorized signatories ) ~(,. t.te.Ai-,~ '-.. -.~.- ) ,._... \ ~="- ~ ...... -.-._-.. ". ) , ,. -~- ==--:a ~ ..:..;.::- ~:., 82 'ATIVE PLAN OF PROPOSED SUBDIVISION OF PART OF THAT PART OF SECTION 1, NANAIMO DISTRICT, SHOWN OUTLINED IN RED ON PLAN 1006R EXCEPT PART IN PLAN VIP60488. Scole 1: 1000 ~ "" ~o do ~o 60 cio ,cio 6.0M ROAD DEDICATION TENTH STREET POOI\O p,E<;ERVE CQVENrtNr No-eVil COVSNA = - <: .... ' ...... t ' •.£j\~' __ .I_"~I.' ..•••, ,,~ " A ~ I PLAN 36694 ~NDER~& ~ES --- B.C. Land SOi'veyors - Consulting Engineers rxmarw.: 29 , 2-0 10 V1ctoria-Nanoimo-Porksville B.C. xplry Date 2009 CITY OF NANAIMO BYLAW NO. 7098.01 A BYLAW TO AMEND THE ECONOMIC DEVELOPMENT COMMISSION BYLAW The Council of the City of Nanaimo in open meeting assembled, hereby ENACTS AS FOLLOWS: 1. Title This Bylaw may be cited as the "ECONOMIC DEVELOPMENT COMMISSION AMENDMENT BYLAW 2010 NO. 7098.01 ". 2. Amendments The City of Nanaimo "ECONOMIC DEVELOPMENT COMMISSION BYLAW 2010 NO. 7098" is hereby amended as foHows: (1) By deleting Section 7 (2) in its entirety and replacing it with the following: "7 (2) The membership will consist of thirteen voting members and one non-voting member as follows: • Three members of Council. • One member recommended to Council from each of the following bodies: o Greater Nanaimo Chamber of Commerce o Snuneymuxw First Nation o Nanaimo Port Authority o Nanaimo Airport Commission o Vancouver Island University o TQurism Nanaimo o Ministry of Small Business, Technology and Economic Development (Non-Voting Member) • Four members at-large who will demonstrate a broad representation of the business community and best represent the following sectors: technology, commercia! banking, rea! estate, and industrial." PASSED FIRST READING PASSED SECOND READIN·7G~---- PASSED THIRD READING _____ ADOPTED ______ MAYOR DIRECTOR, LEGISLATIVE SERVICES 84 CITY OF NANAIMO BYLAW NO. 7102 A BYLAW TO REGULATE THE USE OF PESTICIDES IN THE CITY OF NANAIMO WHEREAS the residents of the City of Nanaimo are concerned about the nonessential use of pesticides and the risk that pesticides may pose to the natural environment; AND WHEREAS the application of pesticides contributes to the cumulative chemical load absorbed by the natural environment; AND WHEREAS pesticides cannot be necessarily confined to a single location but moved through the environment in the air, land and water and may have an impact on non target organisms and plants; AND WHEREAS alternatives to the application of pesticides exists; AND WHEREAS municipalities have jurisdiction to pass bylaws regulating the application of pesticides pursuant to sections 8(3)(j) and 9 of the Community Charter and B.C. Reg. 144/2004 (Spheres of Concurrent Jurisdiction - Environment and Wildlife Regulation); AND WHEREAS Council of the City of Nanaimo wishes to regulate the use of pesticides for non-essential purposes within Nanaimo; NOW THEREFORE the Council of the City of Nanaimo in open meeting assembled, enacts as follows: This Bylaw may be cited for ali purposes as "PESTICIDE USE BYLAW 2010 NO. 7102". 2. Definitions In this bylaw: "ALIEN INVASIVE means the species of plants listed in sections 1 and 2 of SPECIES" the schedule to BC Reg. 144/2004 (The Spheres of Concurrent Jurisdiction - Environment and Wildlife Act). 85 Bylaw 7102 Page 2 "CERTIFIED PESTICIDE means a person who maintains a valid Pesticide APPLICATOR" Applicator Certificate issued pursuant to the Integrated Pest Management Act (British Columbia) and the Integrated Pest Management Regulation No. 604-2004, as amended from time to time and a valid and current Pest Management Accreditation with Plant Health BC. "CITY" Means the City of Nanaimo. "EXCLUDED PESTICIDE" means a pesticide listed in Schedule 2 of the Integrated Pest Management Regulation, BC Reg. No. 604/2004, as amended from time to time. "FARM" means land classified as farm land under the Assessment Act (British Columbia). as amended from time to time. "PEST" means an injurious, noxious. or troublesome living organism, but does not include a virus, bacteria, fungus, or internal parasite that exists on or in humans or animals. "PESTICIDE" means a micro-organism or material that is represented, sold, used, or intended to be used to prevent, destroy, repel or mitigate a pest and includes: (1) a pest control product as defined in the Pest Control Products Act (Canada), as amended from time to time; (2) a substance that is classified as a pesticide under the Integrated Pest Management Act (British Columbia), as amended from time to time; and, (3) a plant growth regulator, plant defoliator or plant desiccant. "PRIVATE LAND" means a parcel or part of a parcel, in the City, that is used for residential purposes. "PUBLIC LAND" means land vested in the City. 3. Prohibitions Subject to section 4, no person, owner or occupier of land, shall use or apply a pesticide or grant permission or authority to use or apply a pestiCide for the non-essential purpose of maintaining outdoor trees, shrubs, flowers, other ornamental plants or turf on Private Land or on Public Land. In this section "maintaining", includes the control, suppression or eradication of a pest. 86 Bylaw 7102 Page 3 4. Exceptions This Bylaw does not apply to a Pesticide that is: (1) an Excluded Pesticide; (2) applied by a Certified Pesticide Applicator or a licensed company that employs Certified Pesticide Applicators; (3) applied for the management of pests that transmit human diseases; (4) applied for the management of pests that impact agriculture or forestry; (5) applied to the inside or outside of a building or greenhouse; (6) applied on a residential area of a Farm; (7) applied on lands used for the purposes of agriculture, farms, forestry, transportation, public utilities or pipelines unless the public utility or pipeline is vested in the City; (8) applied to public or private swimming pools; or, (9) applied for the control of or eradication of an alien invasive species of plant; 5. Offences and Penalties A person who contravenes, violates or fails to comply with any provision of this bylaw, or who suffers or permits any act or thing to be done in contravention or violation of this bylaw, or who fails to do anything required by this bylaw, commits an offence and shall be liable, upon conviction, to a fine of not more than $10,000.00 and not less than the fines prescribed in Schedule U A" of this Bylaw , the cost of prosecution and any other penalty or order imposed pursuant to the Community Charter (British Columbia) or the Offence Act (British Columbia), as amended from time to time. Each day that an offence against this bylaw continues or exists shall be deemed to be a separate and distinct offence. 6. Schedules (1) The schedule in this Bylaw forms a part of this Bylaw and is enforceable in the same manner as this Bylaw; (2) Council authorizes that Schedule uA" may be established by Resolution. 87 Bylaw 7102 Page 4 7. Severability If any section or provision of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid portion shall be severed and the validity of the remainder of the Bylaw shall not be affected. 8. Effective Date This Bylaw comes into force and effect on 2011-APR-04. PASSED FIRST READING PASSED SECOND READIN~G~------PASSED THIRD READING ______ADOPTED ______ MAYOR DIRECTOR LEGISLATIVE SERVICES 88 Bylaw 7102 SCHEDULE "A" OFFENCE SECTION MINIMUM FINE Apply Pesticide Contrary to 3.0 $250.00 Bvlaw 89 2010-APR-12 STATUS OF BYLAWS PAGE 1 4000.328 "ZONING BYLAW AMENDMENT BYLAW 2003 NO. 4000.328" (ZAl-60 - text amendment to incorporate recommendations of the Neighbourly House Committee re: Protection Island Zone). Passed first and second readings 2003-JUN-09. Public Hearing held 2003-JUL-03. 4000.387 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.387" (RA130 - to allow "Parking Lots' as a site-specific use at -3054 and 3058 Barons Road). Passed first and second readings 2006-FEB-13. Public Hearing held 2006-MAR-02. Passed third reading 2006-MAR-13. Approved by Ministry of Transportation 2006-MAR-22. 4000.399 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.399" (To add additional requirements for the siting of heat pumps and central air conditioning units). Passed first and second readings 2006-AUG-14. Public Hearing held 2006-SEP-07. Requires third reading and approval from Ministry of Transportation prior to final adoption. 4000.402 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.402" (RAl72 - to rezone from Single Family Mobile Home Residential Zone (RS-3) to Public Institution Zone (P-2) in order to allow seniors care facility of up to 75 rooms at 6121 Hammond Bay Road). Passed first and second readings 2006-0CT-16. Public Hearing held 2006-NOV-02. Passed third reading 2006-NOV-20. Requires registration of a restrictive covenant prior to final adoption. 4000.407 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.407" (RA180 - to rezone part of property from Single Family Residential Zone (RS-1) to Residential Duplex Zone (RM-1) in order to construct three duplex's at 5640 Hammond Bay Road). Passed first and second readings 2006-NOV-20. Public Hearing held 2006-0EC-07. Passed third reading 2006-0EC-18. Requires registration of a restrictive covenant prior to final adoption. 4000.444 "ZONING BYLAW AMENDMENT BYLAW 2008 NO. 4000.444" (RA206 - to rezone property from Transition Industrial Zone (1-1) to Comprehensive Development District Zone (CD-6) in order to facilitate the construction of a mixed use commercial and residential development at 2124 and 2126 Northfield Road). Passed first and second readings 2008-SEP-29. Public Hearing held 2008-0CT-16. Passed third reading 2008-0CT-20. Approved by Ministry of Transportation 2008-0CT-29. Requires registration of a restrictive covenant approval prior to final adoption. 90 201 O~APR~ 12 STATUS OF BYLAWS PAGE 2 4000.445 "ZONING BYLAW AMENDMENT BYLAW 2008 NO. 4000.445" (to rezone a portion of property from Rural 1 (RU1D) to Regional Shopping Town Centre Commercial Zone (C-1) in order to facilitate the construction of a commercia! development). Passed first and second readings 200B-OCT-20. Public Hearing held 200B-DEC-04, Passed third reading 2008-0EG-15. Received Ministry of Transportation approval on 2008-0EC-29. Requires covenant registration prior to adoption. 4000.449 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.449" (RA207~ to rezone the subject property from Residential Duplex Zone (RM-1) to Public Institution Zone (P-2) in order to permit the use of "Administrative Office"). Passed first and second readings 2009-APR-06. Public Hearing held 2009-MAY-07. Passed third reading 2009-MAY-25. Received Ministry of Transportation approval 2009-JUN-1S. 4000.459 "ZONING BYLAW AMENDMENT 2009 NO. 4000.459" (RA119 - to rezone 240 Nicol Street from Commercial Service Zone [C-13] to Comprehensive Development District Zone [CD-7] in order to facilitate a multi-family development). Passed first and second readings 2010-FEB-OB. Requires Ministry of Transportation approval and covenant registration prior to adoption. 4000.460 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.460" (RA211 - 970 & 972 Brechin Road - to rezone property from Residential Duplex Zone [RM-1] to Residential Triplex and Quadruplex Zone [RM-2] in order to legalize an existing quadruplex [fourplex]). Passed first and second readings 2009-0CT-OS. Public Hearing held 2009-NOV-OS. Passed third reading 2009-NOV-23. Requires Ministry of Transportation approval prior to adoption. 4000.462 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.462" (RA217 - to permit a site specific text amendment to the Light Industrial Zone [1-2] in order to permit the use of "Boat and Marine Equipment Sales, Service and Rentals"). Passed first and second readings 2009-SEP-14. Public Hearing held 2009-0CT-OB. Passed third reading 2009-0CT-26. Requires Ministry of Transportation approval prior to adoption. 4000.464 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.464" (RA226 - 635 Second Street - to rezone property from Single Family Residential Zone [RS-1] to Single Family Small Lot Zone [RS-6] in order to facilitate a 3 lot subdivision). Passed first and second readings 2009-0CT-05. Public Hearing held 2009-NOV-05. Passed third reading 2009-NOV-23. Requires covenant registration prior to adoption. 91 2010-APR-12 STATUS OF BYLAWS PAGE 3 4000.466 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.466" (RA228 - to rezone 5876 Shadow Mountain Road from Single Family Residential Zone [RS-i] to Residential Triplex and Quadruplex Zone [RM-2] in order to facilitate the construction of a multi-family development). Passed first and second readings 2010-JAN-11. Public Hearing held 2010-FEB-04. 4000.467 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.467" (RA218 - to rezone 5220 Metral Drive from Single Family Residential Zone [RS-i] to Comprehensive Development District Zone 7 [CD-7] to facilitate the construction of a mixed-use development). Passed first and second readings 2009-NOV-09. Passed third reading 2009-0EC-14. Requires Ministry of Transportation approval and covenant registration prior to adoption. 4000.468 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.468" (RA230 - to rezone 6155 Metral Drive from Single Family Residential Zone [RS-i] to Mixed Use Commercial Zone [C-4] to facilitate the construction of a mixed-use development). Passed first and second readings 2009-NOV-09. Passed third reading 2009-0EC-14. Requires Ministry of Transportation approval and covenant registration prior to adoption. 4000.469 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.469" (RA216 - to rezone 446 Milton Street from Old City Low Density Residential IFourplex] Zone IRM-9] to Old City Medium Density Multiple Family Residential Zone [RM-10J to facilitate the construction of a mutti-family development). Passed first and second readings 2009-0EC-14. Public Hearing held 2010-JAN-14. Passed third reading 2010-JAN-25. Requires Ministry of Transportation approval and covenant registration prior to adoption. 4000.470 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.470" (RA225 - to rezone 3 Learn Road from Single Family Residential Zone [RS-1] to Medium Density Multiple Family Residential [Suburban] Zone [RM-5] to facilitate the construction of a mutti-family residential development). Passed first and second readings 2009-DEC-14. Public Hearing held 2010-JAN-14. Passed third reading 2010-JAN-25. Requires Ministry of Transportation approval and covenant registration prior to adoption. 4000.472 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.472" (RA234 - to rezone 5040 Hammond Bay Road from Single Family Residential Zone 1RS-1] to Residential Duplex Zone [RM-1] and Single Family Residential Sma!! Lot Zone [RS-6] to facilitate subdivision of the lot). Passed first and second readings 2009-DEC-14. Public Hearing held 2010-FEB-04. Passed third reading 2010-FEB-22. Requires covenant registration prior to adoption. 92 2010-APR-12 STATUS OF BYLAWS PAGE 4 4000.473 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.473" (RA225 - to rezone a portion of 6057 Doumont Road from Single Family Residential Zone [RS-i] to Medium Density Multiple Family (Suburban) Zone [RM-5] in order to facilitate the construction of a multi-family development). Passed first and second readings 2010-JAN-11. Public Hearing held 2010-FEB-04. Passed third reading 2010-FEB-22. 6500.010 "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.010" (to include green house gas emissions reduction targets within the Official Community Plan). Passed first and second readings 2010-MAR-22. Requires Public Hearing prior to adoption. 6500.011 "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.011" (general text and map amendments to maintain the effectiveness and accuracy of the bylaw). Passed first and second readings 201 O-MAR-22. Requires Public Hearing prior to adoption. 7101 "HOUSING AGREEMENT BYLAW 2010 NO. 7101" (to authorize a Housing Agreement between the City of Nanaimo and the Salish Lelum Housing Society regarding an is-unit affordable housing project for Aboriginal youth and elders at 477 Tenth Street). Passed first three readings 2010-MAR-22. g:\bylaws\agenda\by!awstatus.doc 93 " - BC Coalition for Action on Alcohol Reform ,..--,:::------:=-- ill[]@1][]W[30 Lembi Buchanan 1701 Cedar Hill Cross Road MAR 23 2010 Suite 609 Victoria, BC V8P 2P9 LEGlSLATNE SERVICES Tel: 778.430_9222 March 21, 2010 Mayor John Ruttan Nanairno City Hall 455 Wallace Street Nanaimo, BC V9R 5J6 Dear Mayor Ruttan: We are requesting support from the City of Nanaimo for the recommendations made by the Be Coalition for Action on Alcohol Refonn. This Coalition was created in response to the recently published report by the University of Victoria's Centre for Addictions Be, ~Alcohol Pricing, Public Health and the HST: Proposed Incentives for Be Drinkers to Make Healthy Choices" as well as the Provincial Health Minister's (Dr. Perry Kendall) December 2008 report, "Public Health Approach to Alcohol Policy. ~ I have enclosed information about our objectives and fact sheets outlining alcohol-related harms in the general population as well as our youth. The recommendations of the Coalition are: 1. Reduce the price of low alcohol content beverages and increase the price of high alcohol content beverages. 2. Set a minimum price per standard drink, $1.50 in the liquor store and $3.00 in a bar or restaurant. The minimum price for a bottle of wine would be $ 7.80; $9.00 for a six-pack of beer and $26 for a bottle of spirits. 3. Tax wine and beer products sold at u-vin and u-brew outlets. 4. Index the price of alcohol to inflation. S. Implement a sma!llevy based on standard drinks and use the proceeds to enhance education, prevention, treatment and research. The evidence is overwhelming that these reforms will reduce harms, including fatai car crashes in our province. The BC RCMP reports that after 10 pm, one in ten driVers is impaired and one in three fatal car collisions involves an impaired driver. An international study published in 2000 found that Canada had the second-highest rate of alcohol involvement in traffic fatalities among 15 countries. Hospital ER departments face an enormous burden from alcohol related diseases and injuries ... everything from car crash victims to a senior with a broken hip who fell in his/her home. A US study of 7.6 Million ER visits has indicated that close to 8 per cent were associated with alcohol. Another US study finds that 40 per cent of teens treated in hospital ER rooms tested positive for alcohol or other drugs. Q Coun(;; Agenda Item Q Q Committee ...... D~egation Q Q Open M Unfortunately people of all ages consistently underestimate the extent to which alcohol impairs the brain's "executive functioning D (i.e. diminished ability to assess risks and consequences) despite being aware of alcohol affects others. Women are at greater risk of becoming impaired more quickly than men because they metabolize alcohol differently. The Be Coalition recommends targeting cheap, high-strength drinks (see attached Price and Alcohol Content Comparison) and creating incentives for producers, retailers and drinkers, in tum, to manufacture, promote and drink low-alcohol content drinks. At the present time, the Vex - Hard Pick Lemonade with 7 per cent alcohol content does not comply with low-risk drinking guidelines since it is almost 40 per cent more harmful than the lower strength coolers available in our liquor stores. ~The cooler illusion," that these drinks are only slightly more intoxicating than non-alcoholic drinks is a very dangerous strategy, especially when the selling price is comparable to non-alcoholic drinks. Dr. Kendall's study calls for a net 3 per cent reduction in price for low strength alcoho[ products, no price change for moderate strength alcohol products which includes the majority of Canadian beers (5 per cent alcohol) and BC wines (10 to 12 per cent alcohol) and a 3 per cent increase in high strength alcohol products which includes the 7 per cent coolers in the chart after the implementation of the HST. Furthermore, setting minimum prices for drinks and indexing the price of alcohol to inflation will not have a significant impact on alcohol prices or sales at government or private liquor stores. Nor will these reforms have a negative effect on business in restaurants or bars. On the other hand, this proposal may actually strengthen the BC wine industry by raising the minimum price of cheaper imported wines. The City of Victoria is supporting this initiative (see attached motion) along with the BC Alliance on Mental Heath, Illness and Addictions which includes: the ReM? and the Vancouver Police Department as well as the Association of Substance Abuse Programs of BC, the BC Psychiatric and Psychological Associations etc. We are respectfully requesting that the City of Nanaimo also supports this initiative. Yours very truly, ~L~~ Lembi Buchanan Chair, Coalition for Action on Alcohol Reform Enc!. 95 BC Coalition for Action on Alcohol Reform There is an urgent need to reduce alcohol-related hanns. The risks far out weigh the benefits. The human and economic costs are enormous. The shortfall between the annual direct costs associated with alcohol abuse and the direct revenue from its sales and taxes was $196 million in 2003. We are drinking more • Alcohol consumption has increased at a faster rate in Be than the rest of Canada. • The people of BC may smoke less but we drink more. Annually, we consume an average of 600 beers or 120 bottles of wine or 36 bottles (750 ml) of spirits per person. • BC has the second highest prevalence of alcohol dependence in Canada. Alcohol-related harms in BC are increasing • The social harms associated with alcohol abuse include violence, sexual assault, crime, alcohol-involved traffic casualties. • Excessive alcohol use can also have serious negative effects on work, study, and relationships. • Long-term alcohol abuse increases the risk of certain cancers, including beast cancer, liver disease, heart disease and stroke. The BC Coalition for Action on Alcohol Reform supports recent recommendations made by the University of Victoria's Centre for Addictions Research BC as well as the Provincial Health Officer in its 2008 report, "Public Health Approach to Alcohol Policy." We advocate that the Government of British Columbia implement the following: 1. Reduce the price of low alcohol content beverages and increase the price of high alcohol content beverages. 2. Set a minimum price per standard drink, $1.50 in the liquor store and $3.00 in a bar or restaurant. The minimum purchase price for a bottle of wine should be $7.80; $9.00 for a six-pack of beer and $26 for a bottle of vodka, gin or whiskey. 3. Tax wine and beer products sold at u-vin and u-brew outlets. 4. Index the price of alcohol to inflation. 5. Implement a small levy based on a standard drink and use the proceeds to enhance prevention. treatment and research. We need to do more than promote responsible drinking. We need to encourage politicians and policy-makers to adopt responsible pricing structures on alcohol products to reduce the related harms. Alcoholic beverages should be taxed in relation to alcohol content. The introduction of the HST creates an excellent opportunity for the government to refonn its pricing policies to reduce the harms caused by alcohol. 96 BC COALTION FOR ACTION ON ALCOHOL REFORM Did you know? • Residents of BC consume more than 1.4 billion standard drinks per year. • The annual cost of alcohol abuse in BC is $2.2 billion or $536 per person, the highest per capita cost in Canada. • Alcohol is often associated with violent crimes, including domestic abuse, sexual assaults, homicide and suicide. • Thirty per cent of all criminal activity is attributed to alcohol. • Alcohol contributes to a wide range of injuries including motor vehicle crashes, fires, falls and drownings. • One in 3 fatal car collisions involve an impaired driver. • After 10 pm, one in 10 drivers is impaired. • Hospital ER departments face an enormous burden from alcohol-related diseases and injuries. • As many as 60 diseases are adversely affected by heavy drinking since alcohol affects many of the organs in the body. • More than 50 per cent of people diagnosed with mental illness abuse alcohol andlor drugs. • Alcohol abuse often exacerbates symptoms or mental illness or triggers new symptoms. • Prenatal abuse of alcohol is the leading cause of birth defects including fetal alcohol syndrome. • Close to 30 per cent of males and 14 per cent of females report regularly drinking above low-risk guidelines (more than one or two standard drinks daily). • Risky alcohol use is common among under-age youth, with 25 per cent reporting binge drinking at least once a month. • Alcohol abuse is the leading cause of homelessness for persons with serious mental illness. • The average, annual cost of homelessness is $55,000 per person. 97 Victoria, British Columbia February 4, 2010 Motion to have mayor and council write a letter ofsupport re: alcohol reduction strategy to the Provincial Government 1. Whereas: • Residents ofBC consume more than 1.4 billion standard drinks per year. • The annual cost of alcohol abuse in Be is $2.2 billion or $536 per person, the highest per capita cost in Canada. • The government relies on its most vulnerable and high-risk drinkers to pay its bills. Twenty per cent of the drinking population conswnes 73 per cent of the beer, wine and spirits sold in the province. Most of them would qualify for treatment. • Alcohol abuse is often associated with domestic abuse, crime and violence. including homicide and suicide. • Thirty per cent of all criminal activity is attributed to alcohol. • Every year, one in four effatal motor vehicle accidents are alcohol-related. • Long-tenn alcohol abuse puts you at risk for developing a mnnber of cancers, including breast cancer, as well as liver and heart disease. • More than 50 per cent of people diagnosed with mental illness abuse alcohol and/or drugs. • Alcohol abuse often exacerbates symptoms or mental illness or triggers new symptoms. • Prenatal abuse of alcohol is the leading cause of birth defects including fetal alcohol syndrome. • Close to 30 per cent of males and 14 per cent of females report regularly drinking above low risk guidelines. • Risky alcohol use is fairly common among tmder-age youth, with 25 per cent reporting binge drinking at least once a month. • Alcohol abuse is the leading cause of homelessness for persons with serious mental illness. • The average, annual cost of homelessness is $55,000 per person. Let it be passed that in response to a request for a letter of support from the BC Coalition/or Action on Alcohol Reform mayor and cotmcil send a letter to the Provincial Ministers of Health, the Solicitor General, Dr. Perry Kendall and VlHA supporting the following recommendations made by the Centre for Addictions Research of B.C. and Dr. Perry Kendall to reduce the public safety and health concerns associated with problematic alcohol use in our society: 1. Reduce the price of low alcohol content beverages and increase the price of high alcohol content beverages. 2. Set a minimum price per standard drink, $1.50 in the liquor store and $3.00 in a bar or restaurant. The minimum price for a bottle of wine would be $ 7.80; $9.00 for a six pack of beer and $26 for a bottle of spirits. 3. Tax wine and beer products sold at u-vin and u-brew outlets. 4. Index the price of alcohol to inflation. S. Implement a small levy based on standard drinks and use the proceeds to enhance prevention, treatment and research. 98 March 23, 2010 The Honourable Kash Heed, MLA Minister of Public Safety and Solicitor General Province of British Columbia PO Box 9053 STN PROV GOVT Victoria, Be V8W 9E2 Dear Minister: In May 2009, the Royal Canadian Mounted Police conducted a Police Human Resources Study of the Nanaimo Detachment. The conclusion of the study was that the Detachment was seriously understaffed with general duty police officers. Following the receipt of this report in September 2009, the Council of the City of Nanaimo approved an increase of 24 additional ReMP officers over the next five years. Furthermore, Council approved "front-loading" this increase so that ten of those members would be in place in 2010. The same report concludes that the ReMP Nanaimo Detachment requires eight additional provincial genera! duty members. We have also been informed by the RCMP that there is a need for another 22 provincially funded officers in Island District. You will note that the report addresses general duty resources only and is exclusive of any other provincial support you may provide. On behalf of the taxpayers of Nanaimo, I respectfully request that you also fulfill your commitment to policing the "greater Nanaimo community" by embracing the findings of the Police Human Resources Study in the same manner as the City of Nanaimo and fund eight more provincia! members for the Nanaimo Detachment in the coming year. cc: Deputy Commissioner G. BASS, Commanding Officer"E Division" Chief Superintendent R. WILSON, District Officer, Island District Superintendent J. LOTT, Officer in Charge, RCMP Nanaimo DetachmenQ CounCil Agendalte Q Mr. A. KENNING, City Manager I:J COmmit!' Del IT> Mr. A. LAIDLAW, General Manager Community Services ee...... egatlon CJ Mr. M. DIETRICH, Manager Police Support Services [JCI Open Meeting Proclamation 0 In{,,,,,,,, Meeting (orrespgnden(e~ Mee!ingfllte ;/;Y6 - treE - L2 CITY HALL, 455 WALLACE STREET, NANAIMO, BRITISH COLUMBIA, CANADA V9R 5J6 TELEPHONE (250) 755-4400 • WEBSITE: WW\'«.NANAIMO.CA • FAX (250) 754·8263 99 2010-MAR-25 Deputy Commissioner Gary Bass, OOM Commanding Officer, "E" Division Royal Canadian Mounted Police 657 West 37th Avenue Vancouver, Be V5Z 1 K6 Dear Deputy Commissioner Bass: Re: Support for Provincial Police Resources As you are aware, in 2009 your staff conducted a Police Human Resources Study of Nanaimo Detachment. Their report concluded that 'the detachment was seriously understaffed with general duty police officers. Following the receipt of this report in September 2009, the Council of the City of Nanaimo approved an increase of 24 additional ReMP officers over the next five years. Furthermore, Council approved "front-loading" this increase so that ten of those members would be in place in 2010. The same report stated that your detachment requires eight additional provincial general duty members. Therefore,! have written to the Minister of Public Safety and Solicitor General, The Hon. Kash Heed, and requested that he follow Nanaimo's lead and fulfill his commitment to policing the "greater Nanaimo community" by funding those provincial positions in the coming year. I understand the Province is contractually responsible to provide an adequate level of policing in the provincial areas and I would appreciate if you would support Nanaimo's request by contacting the Minister and advising him of your immediate need. Sincerely, Mayor John R Ruttan City of Nanaimo (J (ounci,! Agenda item (J cc: Mr. A. KENN!NG, City Manager g(ommlttee ...... Delegalion (J Mr. A. LAIDLAW, General Manager Community Services Open Meeting Proclamation (J Mr. M. D!ETR!CH, Manager Police Support Services ~~,:",a Meeting (orresp.ndence e-- "'''~ ",I,· . <7Na -Me - Id. CITY HALL, 4"5"5 WALLACE STREET, NANAIMO, BRITISH COLUM!3lA, CANADA V9R 5J(' TELEPHONE (250) 755·4400 • WEBSITE: \XI\V'\'{.'.NANAIMO.O•• FAX (250) 751-82(,3 100