Minutes of the Regular Meeting of the Twenty-Third Council

MINUTES OF THE REGULAR MEETING OF THE TWENTY-THIRD COUNCIL OF THE CITY OF NANAIMOHELD IN THE REGIONAL DISTRICT OF NANAIMO BOARD CHAMBERS, 6300 HAMMOND BAY ROAD, NANAIMO, BC ON MONDAY, 2006-DEC-04 COMMENCING AT 7:00 P.M.

PRESENT: His Worship Mayor G. R. Korpan, Chair

Members: Councillor W. L. Bestwick Councillor M. D. Brennan Councillor J. D. Cameron Councillor W. J. Holdom Councillor L. D. McNabb Councillor C. S. Manhas Councillor L. J. Sherry Councillor M. W. Unger

Staff: G. D. Berry K. M. MacKenzie A. C. Kenning Chief R. Lambert A. W. Laidlaw E. C. Swabey D. W. Holmes T. P. Seward I. Howat A. Tucker B. E. Clemens K. L. Burley T. M. Hickey K. King

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) Dr. Fred Rockwell, Vancouver Island Health Authority, to provide Council and the Public with information regarding the criteria and the system of boil water advisories.

(b) Councillor Holdom to provide a verbal update regarding the Vancouver Island Library Board.

(d) Ms. K. L. Burley, Manager, Legislative Services, advised that the report from Mr. B. E. Clemens, Director of Finance re: Investment Policy was pulled from the agenda.

(e) Councillor Unger advised that he would be bringing forward an item under Consideration of Late Items / Other Business regarding Emergency Communications. COUNCIL 2006-DEC-04 PAGE 2

3. ADOPTION OF AGENDA:

It was moved and seconded that the Agenda be adopted. The motion carried unanimously.

4. ADOPTION OF MINUTES:

(a) Minutes of the Special Open Meeting of Council held in the Franklyn Training Room, 238 Franklyn Street, Nanaimo, BC, on Thursday, 2006-NOV-16 at 3:04 p.m.

(b) Minutes of the Regular Meeting of the Twenty-Third Council of the City of Nanaimo held in the Regional District of Nanaimo Board Chambers, 6300 Hammond Bay Road, Nanaimo, BC on Monday, 2006-NOV-20 at 7:00 p.m.

It was moved and seconded that the Minutes be adopted as circulated. The motion carried unanimously.

5. PRESENTATIONS:

(a) Mayor Korpan presented medals to the Vancouver Island Raiders Football Team who won the Canadian Junior Football League at the Canadian Bowl held in Nanaimo on 2006-NOV-11.

(b) Dr. Fred Rockwell, Vancouver Island Health Authority, provided Council and the Public with information regarding the criteria and the system of boil water advisories. [Supplemental]

Dr. Rockwell advised that:

- boil water advisories are a form of public notification that are issued under Section 14 of the Drinking Water Protection Act, which came into effect about five years ago and created a new administrative designation called the Drinking Water Officer. - the Drinking Water Officer is responsible for regulatory oversight of drinking water in their area and unless someone else is appointed, it falls to the Medical Health Officer. - the main responsibility of the Water Supplier, the City of Nanaimo, is to provide potable water; this has many implications for the construction, operation and maintenance of water systems, for testing of drinking water, and for emergency planning and response. - potable water is defined as meeting the standards prescribed in the Act; is safe to drink, and fit for domestic use without further treatment. - Section 14 of the Act states that the Drinking Water Officer may request or order a Water Supplier to give public notice in a manner approved by the Drinking Water Officer or in accordance with directions of the Drinking Water Officer. - public notice does not necessarily mean a boil water advisory; it could be as simple as ensuring that users of the water are aware that the water is possibly too high in iron and manganese and therefore might stain laundry or fixtures. COUNCIL 2006-DEC-04 PAGE 3

- boil water advisories are issued in circumstances where the water tests positive for something like e-coli or another type of bacteria that would be killed by boiling. - there can be other things in the water, such as lead or dry cleaning fluid, that boiling will not help, so the public notification could be something like water contains lead and should not be consumed, or that water contains dry cleaning fluid or gasoline and should not be used at all. - three circumstances mentioned in the Act that could lead to the need for public notification are irregularities in routine testing, if the Water Supplier comes aware of a situation that may be a threat to quality of drinking water, or if the Drinking Water Officer believes that there is, was, or may be a threat to the quality of the drinking water. - one example would be turbidity or cloudiness in the water; then the Drinking Water Officer may request or order the Water Supplier to give public notification. - the Drinking Water Officer decides if an advisory or notification is necessary, when it is necessary, and what the nature of the notification will be. - the Water Supplier then prepares the notice, the Drinking Water Officer approves the notice and the method of delivery, then the Water Supplier arranges to deliver it to their users. - the methods of delivery may be a broadcast, or some other way but the key is to get the word out. - there seems to be some confusion regarding boil water advisories or boil water orders but the only thing mentioned in the Drinking Water Protection Act is "public notice". - Section 14 does mention that the Drinking Water Officer may order a Water Supplier to issue public notification but from the point of view of the users it is the same; they receive notification that they need to boil their water to ensure that it is safe. - the distinction is important to the Water Supplier because if the Drinking Water Officer only requests it and it is not done, the implications in terms of potential fine or imprisonment aren't there; if it is an order, there would be those implications. - the Health Protection Division of the Vancouver Island Health Authority could do better with notification by having standard letters ready to notify the public and standard notices that Water Suppliers can use if they don't have one ready to go in order to reduce the delay in getting the word out. Also, they can be sure that the message they want the public receive does not get lost in translation. - be believes that in the case of something really serious, when we do not want people to use the water at all, there should be something like a tsunami warning system to get people's attention and then they would know to go to some pre-arranged location to get information. - with regard to the water system, he thinks there could be some improvements in the area of emergency planning and contingency planning around specific drinking water threats, whether it is a need to issue a boil water advisory or contamination or if, for some reason, there is no water at all. - he believes that individuals, businesses and institutions could also be much better prepared.

COUNCIL 2006-DEC-04 PAGE 4

6. DELEGATIONS PERTAINING TO AGENDA ITEMS:

It was moved and seconded that the Delegations be permitted to address Council. The motion carried unanimously.

(a) Mr. Fred Taylor, 204 Emery Way, Nanaimo, BC, regarding Malaspina University-College overflow parking.

Mr. Taylor was previously authorized to address Council.

Mr. Taylor stated that:

- he is of the opinion that the Staff Report is incomplete as it does not provide the number of College parking spaces or the number of permits issued, in order to establish a need for additional parking. - the Nanaimo Daily News investigation revealed that there are 2200 parking spaces and that is an adequate amount. - the newly created overflow parking for the College adjacent to Serauxman Stadium appears to have many empty spaces in addition to empty spaces throughout the other College parking lots. - he believes that it would be disrespectful to residents east of Wakesiah between Fourth and Fifth Streets to require on-site parking, as the properties are well established, some treed and landscaped, and would also be an immediate recognition of college parking into nearby neighbourhoods. - in the Hospital area, Council has permitted reduced parking for nearby commercial enterprise, creating additional demand for street parking and use of the Hospital parking lot. - the Malaspina University-College $49.50 annual parking pass is very reasonable compared to the Brechin Boat Launch parking and $182.00 for Hospital parking. - he is of the opinion that in order to protect the quality of life enjoyed and expected for the College area residents, "resident only" parking is the answer.

It was moved and seconded that the presentation be received. The motion carried unanimously.

(b) Mr. Bert Hick, Rising Tide Consultants Ltd., 740 – 1070 Douglas Street, Victoria, BC, V8W 2C4, regarding the relocation of the existing liquor primary licence at the Balmoral Hotel, 126 Haliburton Street to 121 Bastion Street.

Mr. Hick was previously authorized to address Council.

Mr. Hick stated that:

- they are proposing to move their existing liquor primary licence for the Balmoral Hotel to an area within the Painted Turtle Guest House, which is the current location of Katz Martini Lounge. - this would be a permanent transfer of the licence and the hours of operation would remain the same as Katz Lounge. COUNCIL 2006-DEC-04 PAGE 5

- there would be a net reduction of the liquor primary licence seats in the City from the 125 seats permitted under the Balmoral Hotel licence, down to 50 seats within the Katz Lounge. - it would be the end of an era for the Balmoral Hotel and would allow for redevelopment of the property.

It was moved and seconded that the presentation be received. The motion carried unanimously.

(c) Mr. Cam Watt, 574 Shannan Crescent, North Vancouver, BC, V7W 2Y9, regarding the relocation of the existing liquor primary licence at the Balmoral Hotel, 126 Haliburton Street to 121 Bastion Street.

Mr. Watt was previously authorized to address Council.

Mr. Watt stated that:

- they closed the Balmoral Hotel in 2002 after applying for a liquor store licence at that location, which was refused. - they applied to move the liquor primary licence to Dover Point Centre in the north end but the province denied it as they define "community" as being able to walk from where the liquor primary licence is held to its new location. - they then needed somewhere to "park" their licence. - the proposed Bastion Street location would result in a reduction of seats from 125 to 18 seats, as there are currently 32 seats at Katz; essentially reducing the overall seats by 107. - their Dover Point Centre Liquor Store would focus on specialty wines, featuring wine tasting in a proper wine tasting room, with emphasis on Vancouver Island wines.

It was moved and seconded that the presentation be received. The motion carried unanimously.

7. MAYOR'S REPORT:

(a) Mayor Korpan thanked Public Works Staff for their good work during the recent snowfall and advised that information regarding the priority for the snow plowing of City streets can be found on the City's Website under Public Works.

(b) Mayor Korpan requested that Mr. A. C. Kenning, Deputy City Manager, provide an update regarding any construction cost over-runs regarding the New Nanaimo Centre project. Mr. Kenning advised that, at this time, there are no cost over-runs regarding the New Nanaimo Centre construction project.

COUNCIL 2006-DEC-04 PAGE 6

8. REPORTS OF ADVISORY BODIES:

(a) Councillor Holdom provided a verbal update regarding the Vancouver Island Library Board (VIRLB). [Supplemental]

Councillor Holdom advised that:

- the 2007 VIRLB budget has been passed. - there will be a 3.44 percent overall increase but Nanaimo's share will be less than the overall increase. - one can now use their library card at any library in BC.

It was moved and seconded that the verbal update be received. The motion carried unanimously.

9. PARKS, RECREATION AND CULTURE COMMISSION:

(a) Parks, Recreation and Culture Commission – 2006 Tournament and Festival Fund Grants

Commission's Recommendation: That Council approve the following 2006 Tournament and Festival Fund Grants:

1. Nanaimo Minor Hockey Initiation Tournament $2,000. 2. Nanaimo Youth Soccer Icebreaker Tournament $1,500.

It was moved and seconded that the recommendation of the Parks, Recreation and Culture Commission be adopted. The motion carried unanimously.

(b) Minutes of the Parks, Recreation and Culture Commission Meeting held 2006-NOV-01.

Commission's Recommendation: That Council receive the Minutes.

It was moved and seconded that the recommendation of the Parks, Recreation and Culture Commission be adopted. The motion carried unanimously.

10. STAFF REPORTS:

(a) Rezoning Application No. RA164 – 1583 Bartlett Street

Staff's Recommendation: That Council reconsider this application and support amending second reading of "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.403".

It was moved and seconded that the recommendation be adopted. The motion carried unanimously.

COUNCIL 2006-DEC-04 PAGE 7

(b) Unresolved Building Deficiencies – Notice on Title (Section 57)

It was requested that Council hear anyone wishing to speak with respect to unresolved building deficiencies/illegal suites/grow operations for the following property:

(1) 238 Victoria Road – Illegal Grow Operation

Staff's Recommendation: That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the above property(ies) at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter.

Mayor Korpan inquired if there was anyone in attendance who wished to speak to the report pertaining to Unresolved Building Deficiencies – Notice on Title (Section 57).

No one in attendance wished to make representation with respect to this matter.

It was moved and seconded that the recommendation be adopted for Item (1). The motion carried unanimously.

It was requested that Council hear anyone wishing to speak with respect to unresolved building deficiencies/illegal suites/grow operations for the following property:

(1) 238 Victoria Road – Illegal Grow Operation

Staff's Recommendation: That Council, by resolution, pursuant to Sections 72(2) and 73(1) of the Community Charter, order the owner(s) to remove the structure or bring it up to standard within thirty (30) days and that any cost incurred by the Municipality be recovered pursuant to the Community Charter.

Mayor Korpan inquired if there was anyone in attendance who wished to speak to the report pertaining to Unresolved Building Deficiencies – Remedial Action Requirements (Section 72/73).

No one in attendance wished to make representation with respect to this matter.

It was moved and seconded that the recommendation be adopted for Item (1). The motion carried unanimously. COUNCIL 2006-DEC-04 PAGE 8

(d) Unsightly Premises – Property Maintenance Bylaw No. 3704

It was requested that Council hear anyone wishing to speak with respect to unsightly premises for the following property:

(1) 626 Haliburton Street

Staff's Recommendation: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of the above property(ies) to remove from the premises those items as set out in the resolutions within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost.

Mayor Korpan inquired if there was anyone in attendance who wished to speak to the report pertaining to Unsightly Premises – Property maintenance Bylaw No. 3704.

No one in attendance wished to make representation with respect to this matter.

It was moved and seconded that the recommendation be adopted for Item (1). The motion carried unanimously.

(e) Nuisance Property – 403 Nicol Street

Staff's Recommendation: That Council declare the property a nuisance pursuant to "NUISANCE ABATEMENT AND COST RECOVERY BYLAW 2003 NO. 5645" and authorize Staff to record and charge for municipal services including police required at this property to abate the nuisances.

It was moved and seconded that Mr. William Michael Curry, 403 Nicol Street, Nanaimo, BC, be permitted to address Council regarding the nuisance property at 403 Nicol Street. The motion carried unanimously.

Mr. Curry advised that:

- he is a tenant at 403 Nicol Street and his father is the owner. - his father purchased the property on 2006-AUG-15 and the previous tenant moved out in September. - he has only lived there for two months. - he is not aware of any police complaints.

Councillor Bestwick vacated the Board Chambers at 8:16 p.m.

It was moved and seconded that the delegation be received. The motion carried unanimously.

It was moved and seconded that the recommendation be adopted. The motion carried unanimously. COUNCIL 2006-DEC-04 PAGE 9

(f) Nuisance Property – 405 Nicol Street

It was moved and seconded that the recommendation be adopted. The motion carried unanimously.

Councillor Bestwick returned to the Board Chambers at 8:19 p.m.

(g) Malaspina University–College Overflow Parking

Staff's Recommendation: That Council:

1. direct Staff to begin formal discussions with Malaspina University-College to explore ways to address overflow parking in the residential areas surrounding the College; and,

2. provide Council with quarterly progress reports.

Councillor McNabb vacated the Board Chambers at 8:20 p.m. Councillor McNabb returned to the Board Chambers at 8:22 p.m.

It was moved and seconded that the recommendations be adopted. The motion carried. Opposed: Councillor Sherry

(h) Fire Protection and Control Bylaw Amendment

Staff's Recommendation: That Council consider giving first three readings to "FIRE PROTECTION BYLAW AMENDMENT BYLAW 2006 NO. 3879.01".

It was moved and seconded that the recommendation be adopted. The motion carried unanimously.

11. INFORMATION ONLY ITEMS:

(a) At the "In Camera" Meeting of Council held 2006-NOV-20, Council renewed the Licence to Occupy, Management and Operating Agreement with the Port Theatre Society for a five-year term, with an option to renew for an additional five-year term.

(b) Report from Mr. P. F. Wipper, Regulation and Risk Management, re: Liquor-Primary Licence Relocation Application – Dizzy's

(c) Report from Mr. P. F. Wipper, Regulation and Risk Management, re: Liquor-Primary Licence Relocation Application – Balmoral Hotel

COUNCIL 2006-DEC-04 PAGE 10

It was moved and seconded that the Information Only Items be received. The motion carried unanimously.

12. RECONSIDERATION OF BYLAWS:

(a) “ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.403” (RA164 - to rezone from Single Family Residential Zone (RS-1) to Residential Triplex and Quadruplex Zone (RM-2) in order to allow a three unit development at 1583 Bartlett Street and to allow more than one single family dwelling on a site).

It was moved and seconded that “ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.403” be reconsidered and amended at second reading. The motion carried unanimously.

It was moved and seconded that “ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.403” pass second reading as amended. The motion carried unanimously.

Councillor Manhas vacated the Board Chambers on a perceived conflict of interest as his brother is a partner on the project at 5186 Dunster Road.

(b) “ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.404” (RA178 - to rezone from Single Family Residential Zone (RS-1) to Residential Duplex Zone (RM-1) in order to construct duplex at 5186 Dunster Road).

It was moved and seconded that “ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.404” be adopted. The motion carried unanimously.

Councillor Manhas returned to the Board Chambers.

(c) “TEMPORARY LOAN BYLAW 2006 NO. 7038” (to authorize the borrowing of up to $1.7 Million to meet the current lawful expenditures of the City of Nanaimo).

It was moved and seconded that “TEMPORARY LOAN BYLAW 2006 NO. 7038” be adopted. The motion carried unanimously.

(d) "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.405" (RA176 – to rezone part of property from Light Industrial Zone (I-2) to Medium Density Multiple Family Residential (Suburban) Zone (RM-5) in order to develop a senior congregate and personal care facility at 80 and 90 Tenth Street). [Supplemental]

It was moved and seconded that "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.405" be adopted. The motion carried unanimously.

COUNCIL 2006-DEC-04 PAGE 11

13. INTRODUCTION OF BYLAWS:

(a) “FIRE PROTECTION AND CONTROL BYLAW AMENDMENT BYLAW 2006 NO. 3879.01” (to authorize the Fire Chief to exercise all the powers of the Fire Commissioner under Section 25 of the Fire Services Act).

It was moved and seconded that “FIRE PROTECTION AND CONTROL BYLAW AMENDMENT BYLAW 2006 NO. 3879.01” pass first reading. The motion carried unanimously.

It was moved and seconded that “FIRE PROTECTION AND CONTROL BYLAW AMENDMENT BYLAW 2006 NO. 3879.01” pass second reading. The motion carried unanimously.

It was moved and seconded that “FIRE PROTECTION AND CONTROL BYLAW AMENDMENT BYLAW 2006 NO. 3879.01” pass third reading. The motion carried unanimously.

14. CORRESPONDENCE:

(a) Letter dated 2006-NOV-10 from Ms. Patty Edwards, Chair, Vancouver Island Regional Library Board, requesting that Council appoint a Representative and Alternate to the Vancouver Island Regional Library Board for 2007.

(b) Letter dated 2006-NOV-14 from the Honourable Claude Richmond, Minister of Employment and Income Assistance, requesting that the City of Nanaimo take up the "10 BY 10 CHALLENGE" by employing an additional 474 persons with disabilities in the City of Nanaimo by 2010.

(c) Letter dated 2006-NOV-20 from Mayor Ralph Drew, Chair, Lower Mainland Treaty Advisory Committee, requesting that Council appoint a Council Representative and Alternate as "observer members" and a Primary and Alternate Staff Representative to the Lower Mainland Treaty Advisory Committee for 2007.

(d) Letter dated 2006-NOV-21 from Mayor Ken McRae, requesting that Council forward a letter of support to Premier Campbell for the purchase of the Martin Mars Water Bombers from Timberwest to ensure that remain in BC to provide our forests and communities with their fire fighting capacity.

It was moved and seconded that the Correspondence be received. The motion carried unanimously.

It was moved and seconded that Items Correspondence (a) and (c) be referred to "In Camera" for consideration. The motion carried unanimously. COUNCIL 2006-DEC-04 PAGE 12

15. CONSIDERATION OF LATE ITEMS / OTHER BUSINESS:

(a) Councillor Unger – Emergency Communications

It was moved and seconded that Staff be directed to investigate emergency communication options which would reach the majority of the community as expeditiously as possible. The motion carried unanimously.

16. ADJOURNMENT:

It was moved and seconded at 8:43 p.m. that the meeting terminate, with the next Meeting of Council to be held Monday, 2006-DEC-18, commencing at 7:00 p.m. in the Regional District of Nanaimo Board Chambers. The motion carried unanimously.

______M A Y O R

CERTIFIED CORRECT:

______DIRECTOR, LEGISLATIVE SERVICES