THE CORPORATION OF THE CITY OF VERNON

MINUTES OF THE REGULAR MEETING OF COUNCIL

Monday, November 27, 2023 at 1:30 P.m. - 4:30 P.m.

CITY HALL COUNCIL CHAMBER

3400 30 Street

Vernon B.C.

Mayor and Council Members Present:

• Mayor V. Cumming
• T. Durning
• K. Gares
• B. Guy
• A. Mund
• B. Quiring

Mayor and Council Members Absent:

• K. Fehr

Administration Present:

• P. Bridal, Chief Administrative Officer
• K. Poole, Director, Corporate Administration
• J. Nicol, Corporate Officer
• D. Law, Director, Financial Services
• J. Rice, Director, Operation Services
• D. Lind, Chief, Fire Rescue Services
• C. Isles, Deputy Corporate Officer
• C. Ovens, General Manager, Public Works
• C. Sheel, Project Manager, Active Living Centre
• D. Lees, Manager, Protective Services
• I. Adkins, Manager, Roads, Drainage and Airport
• J. Perrott, Manager, Economic Development and Tourism
• J. Winquist, Communications Officer
• L. Walker, Manager, Customer Service - Recreation
• M. Dowhaniuk, Manager, Infrastructure
• M. Faucher, Current Planner
• R. Crosson, Manager, Financial Operations
• R. Nuriel, Acting General Manager, Planning
• S. Patterson, Director, Human Resources
• S. Melenko, Info. Tech I
• Trevor Scott
• D. Devries, Transportation Planner
• J. Blood, Director, Recreation Services
• T. Barton, Director, Planning and Community Services
• A. Huisken, Active Transportation Planner
• D. Ross, Manager, Project Program

Also Present:

• Supt. Baher, OIC, Vernon RCMP

---

1.

CALL REGULAR MEETING TO ORDER

Mayor Cumming called the Regular open meeting to order at 8:40 am. 

1.a

Land Acknowledgement

As Mayor of the City of Vernon, and in the spirit of this gathering, I recognize the City of Vernon is located in the traditional territory of the Syilx People of the Okanagan Nation.

1.b

Move to Committee of the Whole

• Moved by: Councillor Gares
  Seconded by: Councillor Durning

  THAT Council move to the Committee of the Whole meeting.

  CARRIED

2.

RECONVENE REGULAR MEETING AND RESOLUTION TO CLOSE MEETING

Mayor Cumming reconvened the Regular Open Meeting at 9.33 am and requested a motion to move to In Camera.

2.a

Resolution to Close Meeting

• Moved by: Councillor Gares
  Seconded by: Councillor Mund

  THAT the meeting be closed to the public in accordance with Section 90 (1) of the Community Charter as follows:

  (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality;

  (c) labour relations or other employee relations;

  (k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the municipality if they were held in public.

  CARRIED

3.

RECONVENE TO OPEN COUNCIL AT 1:30 PM

Mayor Cumming called the Regular Open meeting back to order at 1:30 pm.

3.a

Land Acknowledgement

As Mayor of the City of Vernon, and in the spirit of this gathering, I recognize the City of Vernon is located in the traditional territory of the Syilx People of the Okanagan Nation.

3.b

Agenda

• Moved by: Councillor Gares
  Seconded by: Councillor Guy

  THAT the Agenda for the November 27, 2023 Regular Open Meeting of Council be adopted as circulated.

  CARRIED

3.c

Adoption of Minutes and Receipt of Committee of the Whole

• Moved by: Councillor Durning
  Seconded by: Councillor Guy

  THAT the minutes of the Regular meeting of Council held November 6, 2023 be adopted;

  AND FURTHER, that the minutes of the Special meeting of Council held November 14, 2023 be adopted;

  AND FURTHER, that the minutes of the Committee of the Whole Meeting of Council held November 6, 2023 be received.

  CARRIED

4.

BUSINESS ARISING FROM THE MINUTES

5.

GENERAL MATTERS

5.a

Presentation - RCMP Quarterly Report

Supt. Shawna Baher, OIC, RCMP provided Council with the Third Quarter Report for 2023 (July to September).

The following points were noted:

• Community Events Overview 
• Section Reports
• Operations calls for service
• Toxic drug crisis response
• Traffic enforcement statistics
• Integrated Crisis Response Team (ICRT) - started November 15, 2023
• Health IM app for front line officers
• Reserve constable traffic enforcement program
• Forensic Identification Section statistics
• Police dog service updates
• Vernon crime file statistics

• Moved by: Councillor Durning
  Seconded by: Councillor Guy

  THAT Council receives the RCMP Third Quarter Report for 2023 (July to September), as provided by Supt. Baher, OIC, RCMP at the November 27, 2023 Regular Council Meeting.

  CARRIED

5.b

Delegation - Neuron Mobility 

Christopher Carroll, Vernon Operations Manager and Isaac Ransom for Neuron Mobility provided Council with an overview of Neuron's operations over the past year.

The following points were noted:

• Vernon snapshot: by the numbers
• Economic Impact study overview
• Rider safety summary
• Start of Season electronic direct mail - reminder of e-scooter rules
• Road safety week in May
• Helmet Safety week  through local media campaign
• Fall safety in-app campaign
• Improving parking compliance 
• Vernon statistics compared to other markets
• Will provide full year stats for 2022 and 2023

• Moved by: Councillor Gares
  Seconded by: Councillor Mund

  THAT Council receive the November 27, 2023 presentation from Christopher Carroll, Vernon Operations Manager for Neuron Mobility, for information.

  CARRIED

6.

COUNCIL INQUIRIES

Step Code

Council inquired regarding the status of the Step Code requirements.  An  Admin. update will be provided December 11.

Cooling Requirements

Council inquired regarding anticipated changes to building code specifications regarding cooling requirements. An Admin. update will be provided December 11. 

Zero Carbon Step Code

Council inquired regarding aligning the City with the BC Zero Carbon Step Code. An Admin. update will be provided December 11. 

Spray Irrigation

Council inquired regarding the current state of the Spray Irrigation Program. An Admin. update will be provided. 

7.

ADMINISTRATION UPDATES

• Moved by: Councillor Gares
  Seconded by: Councillor Quiring

  THAT Council receive the Administration Updates dated November 27, 2023 for information.

  CARRIED

8.

UNFINISHED BUSINESS

8.a

City of Vernon Parks and Greater Vernon Recreation Fees Assessment Update (7700-16)

• Moved by: Councillor Quiring
  Seconded by: Councillor Durning

  THAT Council receive the memorandum titled "City of Vernon Parks and Greater Vernon Recreation Fees Assessment Update" dated November 17, 2023 and respectfully submitted by the Manager, Customer Service - Recreation;

  AND FURTHER, that Council direct staff to work with Innovate Planning and Co at a cost of $40,000 to capture data, determine cost recovery and subsidy rates, and establish a two-year cycle for the Recreation and Parks Services Fees and Charges bylaw;

  AND FURTHER, that Council authorize the funds to come from the Prior Year Unexpended Uncommitted Balance. 

  CARRIED

8.b

Request for Direction: Recreational Vehicles (RVs) as Dwelling Units on Lands Within the Agricultural Land Reserve (ALR)(6635-01)

• Moved by: Councillor Guy
  Seconded by: Councillor Quiring

  THAT Council direct Administration to draft bylaw amendments to align residential use on Agricultural Land Reserve (ALR) land (including primary dwellings secondary suites, accessory dwellings and accessory buildings) with ALR Use regulations;

  AND FURTHER, that Council direct Administration to develop and implement municipal regulations to set minimum standards for health and safety of accessory dwellings on ALR land;

  AND FURTHER, that Council direct Administration to align the implementation of accessory dwellings with the Okanagan Basin Water Board's 1.0 ha policy.

  WITHDRAWN
• Moved by: Councillor Guy
  Seconded by: Mayor Cumming

  THAT Council makes no changes to existing policy regarding the residential use of Agricultural Land Reserve (ALR) land;

  AND FURTHER, that Council directs Administration to not enforce contraventions of the existing policy;

  AND FURTHER, that Council directs Administration to develop an approach, likely based on the Temporary Use Permit process, to regulating the health and safety of accessory dwellings on ALR land.

  Opposed (3)

  Councillor Gares, Councillor Mund, and Councillor Quiring

  DEFEATED (3 to 3)
• Moved by: Councillor Gares
  Seconded by: Councillor Quiring

  THAT Council select Option 1 and direct Administration to draft bylaw amendments allowing the ALR Use Regulations to govern all residential uses on ALR lands (including primary dwellings, secondary suites, accessory dwellings, and accessory buildings) as outlined in the report titled “Request For Direction: Recreational Vehicles (RVs) As Dwelling Units On Lands Within The Agricultural Land Reserve (ALR)”, dated November 15, 2023, and respectfully submitted by the Planner;

  AND FURTHER, that Council direct Administration to establish regulations to align the implementation of Accessory Dwelling Units with the Okanagan Basin Water Board’s 1.0 Hectare Policy;

  AND FURTHER, that there be no further enforcement until bylaw amendments are adopted.

  Opposed (2)

  Mayor Cumming, and Councillor Guy

  CARRIED (4 to 2)

9.

MATTERS REFERRED

Councillor Quiring left the meeting at 3:24 pm. 

9.a

Declassified Motion from the In Camera meeting held October 10, 2023

Restorative Justice Contract (7500-20-06)

THAT Council receive the letter dated September 28, 2023 from the Canadian Mental Health Association Vernon & District (CMHA) requesting a one year extension to their existing contract to provide Restorative Justice services to the City of Vernon dated September 26, 2023 respectfully submitted by the Director, Corporate Administration;

AND FURTHER, that Council endorse a one year extension (expiring December 31, 2024) to the current contract with the CMHA to provide Restorative Justice services in the amount of $44,858 (inclusive of GST);

AND FURTHER, that Council endorse a one year extension to the current licence agreement to occupy an approximate 135 square foot office in the City owned building located at 3010 31 Avenue, through a term ending December 31, 2024, for a fee of $550.00 per month, plus GST which includes: access to a meeting room, furniture, utilities (water/sewer, gas, and electricity), internet access and phone;

AND FURTHER, that Council authorize Administration to execute the extension of the Agreement upon acceptance by the CMHA;

AND FURTHER, that Council declassify the resolution upon execution by both parties to the subject Agreement.

10.

NEW BUSINESS

10.a

Airport Runway and Taxiway Lighting LED Upgrade (8400-02)

• Moved by: Councillor Gares
  Seconded by: Councillor Mund

  THAT Council receives the memorandum titled "Airport Runway and Taxiway Lighting LED Upgrade" dated November 2, 2023, respectfully submitted by the Manager, Roads, Drainage and Airport;

  AND FURTHER, that Council authorize administration to proceed with the "Airport Runway and Taxiway Lighting LED Upgrade" at a cost not to exceed $100,000, to be funded by reallocating unspent funding from the Apron Rehabilitation Project, which was approved from the Casino Reserve.  

  CARRIED

10.b

2023 ICBC Road Improvement Program Grants (5410-30)

• Moved by: Councillor Mund
  Seconded by: Councillor Gares

  THAT Council allocate $136,400 towards the Priority Intersection Improvements capital project budget, $25,800 towards the Transportation Safety capital project, and $1,500 towards the Sidewalk Ramps capital project from the ICBC Road Improvement Program grants as outlined in the memorandum titled "2023 ICBC Road Improvements Program Grants", dated November 14, 2023 and respectfully submitted by the Transportation Planner. 

  CARRIED

10.c

Electric Vehicle Charger Rebate (8300-09)

• Moved by: Councillor Guy
  Seconded by: Councillor Durning

  THAT Council allocate the $55,000 CleanBC EV charger rebate to the existing EV Charging Stations capital project budget as outlined in the memorandum titled "Electric Vehicle Charger Rebate", dated November 7, 2023 and respectfully submitted by the Transportation Planner. 

  CARRIED
• Councillor Quiring returned at 3:29 pm. 

10.d

E-Scooter Pilot Program Survey Results and Next Steps (8300-10-06)

• Moved by: Mayor Cumming
  Seconded by: Councillor Mund

  THAT Council receive for information the e-scooter pilot program survey results, as outlined in the report titled "E-Scooter Pilot Program Survey Results and Next Steps' dated November 15, 2023 and respectfully submitted by the Active Transportation Coordinator;

  AND FURTHER, that Council direct Administration to extend the existing Operator's contract until December 31, 2024 and report back to Council regarding a new application process for shared e-scooter vendors, should the Province extend the Pilot or make the e-scooter regulations permanent. 

  CARRIED

10.e

2023 Vernon Business Walks Report (6750-01)

Councillor Durning left the meeting at 3:43 pm and returned at 3:45 pm.

• Moved by: Councillor Guy
  Seconded by: Councillor Gares

  THAT Council receive for information the memorandum titled "2023 Vernon Business Walks Report" dated November 17, 2023 and respectfully submitted by the Manager, Economic Development and Tourism.

  CARRIED

10.f

Development Applications Process Improvements - Information Services Staffing (6410-04)

• Moved by: Councillor Mund
  Seconded by: Councillor Guy

  THAT Council receive for information the memorandum titled "Development Application Process Improvements - Information Services Staffing", dated November 17, 2023 and respectfully submitted by the Director, Planning & Community Services;

  AND FURTHER, that Council authorize Administration to establish and recruit a 2-year term full-time Business Analyst, Applications position funded from the previous approved Development Application Process Review budget.

  CARRIED
• Councillor Mund declared a conflict of interest for the next item as he is involved with the Funtastic Sports Society.  Councillor Mund left the meeting at 3:52 pm. 

10.g

Council Discretionary Grants - October Intake (1850-02)

• Moved by: Councillor Quiring
  Seconded by: Councillor Durning

  THAT Council approves the recommendations regarding the Council Discretionary Grants from the Finance Committee as follows:

  1. THAT Council approve a Council Discretionary Grant to 6^th Vernon Scout Group in the amount of $2,000 to purchase equipment and supplies for the group.
  2. THAT Council deny a Council Discretionary Grant to AURA Chamber Choir Society in the amount of $23,000 as the City has limited funds for disbursement.
  3. THAT Council deny a Council Discretionary Grant to Canadian Home Builders Association in the amount of $7,500 as the City has limited funds for disbursement.
  4. THAT Council deny a Council Discretionary Grant to Fresh Outlook Foundation in the amount of $20,000 as the organization submitted a grant application in April 2023.
  5. THAT Council deny a Council Discretionary Grant to Kindale Development Association in the amount of $9,121.28 as the City has limited funds for disbursement.
  6. THAT Council approve a Council Discretionary Grant to Literacy Society of the North Okanagan in the amount of $4,000 to support the increase of wages and materials for four new facilitators in an 18-week program.
  7. THAT Council deny a Council Discretionary Grant to North Okanagan Cycling Society in the amount of $3,800 as the organization submitted a grant application in April 2023.
  8. THAT Council deny a Council Discretionary Grant to North Okanagan Youth and Family Services Society in the amount of $5,000 as the organization submitted a grant application in April 2023.
  9. THAT Council approve a Council Discretionary Grant to North Valley Gymnastics Society in the amount $7,460 of a requested amount of $202,473.60 for the replacement of equipment.
  10. THAT Council deny a Council Discretionary Grant to Santa’s Anonymous Society in the amount of $3,000 as the City has limited funds for disbursement.
  11. THAT Council approve a Council Discretionary Grant to Special Olympics BC – Vernon Committee in the amount of $6,000 to expand training programs with additional space, practices, equipment and uniforms.
  12. THAT Council approve a Council Discretionary Grant to Vernon & District Funtastic Sports Society in the amount of $1,500 to buy tables and chairs for their events.
  13. THAT Council deny a Council Discretionary Grant to Vernon Community Band Society in the amount of $800 as the organization submitted a grant application in April 2023.
  14. THAT Council deny a Council Discretionary Grant to Vernon Community Music School in the amount of $3,000 as the organization submitted a grant application in April 2023.
  15. THAT Council approve a Council Discretionary Grant to Vernon District Riding Club in the amount of $5,000 to install a better irrigation system for sand rings.
  16. THAT Council approve a Council Discretionary Grant to Vernon Figure Skating in the amount of $1,000 to purchase on and off ice equipment.
  17. THAT Council deny a Council Discretionary Grant to Vernon Folk-Roots Music Society in the amount of $5,000 as the City has limited funds for disbursement.
  18. THAT Council deny a Council Discretionary Grant to Vernon Lawn Bowling Club in the amount of $7,500 as the organization submitted a grant application in April 2023.
  19. THAT Council approve a Council Discretionary Grant to Vernon Pride Society in the amount of $3,000 to purchase gender-affirming garments for youth and adults.
  CARRIED
• Councillor Mund returned at 3:53 pm. 

10.h

Draft New Investment Policy (1690)

• Moved by: Councillor Gares
  Seconded by: Councillor Durning

  THAT Council receive the memorandum titled “New Draft Investment Policy” dated November 17, 2023 and respectfully submitted by the Manager, Financial Operations;

  AND FURTHER that Council approves the recommendations regarding the Investment Policy from the Finance Committee as follows:

  1. THAT Council rescind the July 11, 2005 “Investment of City Funds” policy.
  2. THAT Council adopt the new “Investment Policy”.
  CARRIED

10.i

Provincial Speculation Tax - Item for Discussion

Administration will provide clarification for Council on purpose-built resort zones in the City of Vernon.

• Moved by: Councillor Quiring
  Seconded by: Councillor Durning

  THAT Council authorize the Mayor to send a letter to the Minister of Finance and the Minister of Housing requesting an exemption from the Provincial Speculation and Vacancy Tax for resort areas within the City of Vernon.

  CARRIED

11.

LEGISLATIVE MATTERS

11.a

Bylaws for First, Second and Third Readings

11.a.1

Bylaw 5977

• Memo dated November 15, 2023 from the Manager, Customer Service - Recreation re: Recreation & Parks Services Amendments to Fees & Charges Bylaw

• Moved by: Councillor Mund
  Seconded by: Councillor Durning

  THAT Bylaw 5977, "Recreation and Parks Services (2024 Tiered Fees and Charges) Amendment Bylaw 5977, 2023", a bylaw to amend Schedule A of Recreation and Parks Services Fees and Charges Bylaw Number 5472, 2013, be read a first and second time. 

  CARRIED

11.b

Bylaw for Adoption

11.b.1

Bylaw 5935

• Memo dated November 15, 2023 from the Planner re: Official Community Plan and Zoning Amendment Adoption Request for 2800 40th Street

• Moved by: Councillor Mund
  Seconded by: Councillor Gares

  THAT Bylaw 5935, “2702 and 2800 40 Street Official Community Plan Amendment Bylaw 5935, 2022” - a bylaw to redesignate the subject property from “Residential Small Lot” to “Public and Institutional”, be adopted. 

  CARRIED

11.b.2

Bylaw 5936

• Memo dated November 15, 2023 from the Planner re: Official Community Plan and Zoning Amendment Adoption Request for 2800 40th Street

• Moved by: Councillor Mund
  Seconded by: Councillor Gares

  THAT Bylaw 5936, "2702 and 2800 40 Street Rezoning Amendment Bylaw Number 5936, 2022” – a bylaw to rezone the subject property from "RM2 - Multiple Housing Residential" to “P3 - Private Institutional”, be adopted. 

  CARRIED

12.

COUNCIL INFORMATION UPDATES

12.a

Mayor and Councillors Reports

12.a.1

Councillor Quiring

Extended Thanks to Councillors Durning and Fehr for covering Committee meetings

12.a.2

Councillor Mund

no report

12.a.3

Councillor Gares

Attended:

• Special Council meeting November 14
• Okanagan Regional Library Board meeting
• Regional District of North Okanagan meeting
• Finance Committee meeting
• BC Housing Conference
• North Okanagan Columbia Shuswap Regional Hospital District Committee meeting
• Advocacy Committee meeting

12.a.4

Councillor Guy

Attended:

• Climate Action Advisory Committee meeting
• Okanagan Water Stewardship Council meeting

12.a.5

Councillor Durning

Attended:

• Tourism Commission meeting
• Regional District of North Okanagan meeting
• Special Greater Vernon Advisory Committee meeting
• O'Keefe Ranch board meeting
• Special In Camera meeting November 14, 2023
• Carlson Park parking lot photo and ribbon cutting
• Vernon Seniors Action Network meeting

Councilor Gares declared a perceived conflict of interest as she is friends with the resident of the recreational vehicle at 6530 Eagle Road. Councilor Gares left the meeting at 4:27 pm. 

12.a.6

Councillor Mund - Notice of Motion for December 11, 2023

WHEREAS Council's recent approval to allow secondary residents on Agricultural Land Reserve lands within the City of Vernon and not to enforce our Bylaws until future changes in said Bylaws:

BE IT RESOLVED that the City of Vernon rescind fines levied against the property owner at 6530 Eagle Road, approximately $2,800, which were issued over the past year.

Councillor Gares returned at 4:29 pm. 

12.a.7

Mayor Cumming

Attended:

• Okanagan Basin Water Board
• Beach Radio interview
• Greater Vernon Cultural Centre Directorate meeting
• Vernon Court House tour 
• Living Language exhibit and presentation at Museum
• Remembrance Day ceremonies
• Special In Camera meeting November 14, 2023 
• Tourism Commission meeting
• Special Greater Vernon Advisory Committee meeting
• Regional District of North Okanagan meeting
• Breakfast with Chief Louis
• Climate Quest talk at Science Centre 
• Webinar for elected officials on energy decarbonation
• Okanagan Landing and District Association Annual General Meeting
• Hospital Board meeting
• Phone call with the Provincial Minister of Finance
• Climate Action Advisory Committee meeting 
• Carlson Park parking lot photo and ribbon cutting

13.

INFORMATION ITEMS

13.a

Correspondence

1. Letter dated November 9, 2023 from the Honorable Ravi Kahlon, Minister of Housing re: New legislation to support local government housing initiatives.
2. Letter dated November 17, 2023 from M.P. Mel Arnold to the Honorable Mark Holland, Federal Minister of Health re: Non-Enforcement of Health Canada Regulations for Cannabis Cultivation Facilities (For reference: Letter dated November 8, 2023 from Mayor Cumming re:  Cannabis cultivation facility at 1701 Kosmina Road, Vernon, BC)

13.b

Minutes from Council Committees

• Board of Variance, June 22, 2023
• Tourism Commission, July 19, 2023
• Climate Action Advisory Committee, August 30, 2023
• Finance Committee, August 30, 2023
• Tourism Commission, September 6, 2023
• Advisory Planning Committee, September 12, 2023
• Advisory Planning Committee, September 26, 2023
• Tourism Commission, October 18, 2023
• Climate Action Advisory Committee, November 8, 2023

14.

CLOSE OF MEETING

• Moved by: Councillor Quiring
  Seconded by: Councillor Durning

  THAT the Regular open meeting of November 27, 2023 be adjourned.

  CARRIED
• Mayor Cumming closed the meeting at 4:34 pm.