THE CORPORATION OF THE CITY OF VERNON

AGENDA

Regular Open Meeting of Council

Monday, November 28, 2022 at 1:30 P.m. - 4:30 P.m.

CITY HALL COUNCIL CHAMBER

3400 30 Street

Vernon B.C.

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1.

CALL REGULAR MEETING TO ORDER

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

• THAT Council move to the Committee of the Whole meeting.

2.

RECONVENE REGULAR MEETING AND RESOLUTION TO CLOSE MEETING

2.a

Resolution to Close Meeting

• 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;

  (e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the municipality;

  (g) litigation or potential litigation affecting the municipality;

  (i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

  (j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act;

  (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;

  (m) a matter that, under another enactment, is such that the public may be excluded from the meeting;

  AND FURTHER, that the meeting be closed to the public in accordance with Section 90 (2) of the Community Charter as follows: 

  (b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

3.

RECONVENE TO OPEN COUNCIL 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

• THAT the Agenda for the November 28, 2022, Regular Open Meeting of Council be adopted as circulated.

3.c

Adoption of Minutes and Receipt of Committee of the Whole

• THAT the minutes of the Regular meeting of Council held November 14, 2022, be adopted;

  AND FURTHER, that the minutes of the Committee of the Whole Meeting of Council held November 14, 2022 be received.

4.

BUSINESS ARISING FROM THE MINUTES

5.

GENERAL MATTERS

5.a

Presentation - Recognition of Lyle Duffield, Crime Prevention / RCMP Volunteer

Mayor Cumming will recognize Lyle Duffield for providing an outstanding 30 years of dedicated service to his community as a RCMP Volunteer.

5.b

Presentation - Interior Health Authority Update

Megan Thorne, Director, Clinical Operations and Dr. Malo, Medical Health Officer for the North Okanagan and Shuswap Area, will provide Council with an update on the toxic drug crisis and the Vernon Downtown Mental Health & Substance Use Clinic.

• THAT Council receive the November 28, 2022 presentation from Megan Thorne, Director, Clinical Operations, Dr. Karin Goodison, Interior Medical Health Officer and Dr. Jonathan Malo, for information.

5.c

Delegation - Vernon Winter Carnival Society

Vicki Proulx, Executive Director, Vernon Winter Carnival Society, will present on the planned events for the 63rd Vernon Winter Carnival, February 3 - 12, 2023.

• THAT Council receive the November 28, 2022 presentation Vicki Proulx, Executive Director, Vernon Winter Carnival Society, for information.

5.d

Development Variance Permit (DVP00571) - 1608 43 Avenue and 4211 17 Street

• THAT Council support Development Variance Permit 00571 (DVP00571) to vary Zoning Bylaw 5000 for Lot A, Sec 2, TP 8, ODYD, Plan 32561 (1608 43rd Avenue and 4211 17th Street) as outlined in the report titled "Development Variance Permit Application for 1608 43rd Avenue and 4211 17th Street" dated November 18, 2022 and respectfully submitted by the Current Planner by:

  1. Varying Section 9.5.5, minimum rear yard, from 6m to 2.54m for the existing house on proposed Lot 1; and
  2. Varying Section 9.5.5, minimum rear yard, from 6m to 4.82m for the existing house on proposed Lot 2;

  AND FURTHER, that Council's support of DVP00571 is subject to the following:

  1. That the site plan (Attachment 1) be attached to and form part of DVP00571

5.d.1

Public Input - DVP00571

Public Input of Development Variance Permit DVP00571 for Lot A, Sec 2, TP 8, ODYD, Plan 32561 (1608 43^rd Avenue/4211 17^th Street).

• Email dated November 1, 2022 from T. Scheider

5.d.2

Permit Issuance - DVP00571

• THAT the Corporate Officer be authorized to issue Development Variance Permit DVP00571 for Lot A, Sec 2, TP 8, ODYD, Plan 32561 (1608 43^rd Avenue/4211 17^th Street), to vary Zoning Bylaw 5000 - the minimum rear yard on proposed Lots 1 and 2, once all conditions of Council are satisfied and “1608 43^rd Ave and 4211 17^th St Rezoning Amendment Bylaw 5925, 2022” is adopted.

6.

COUNCIL INQUIRIES

7.

ADMINISTRATION UPDATES

• THAT Council receive the Administration Updates dated November 28, 2022, for information.

8.

UNFINISHED BUSINESS

8.a

Letter dated November 4, 2022 - A Call for Action - Homelessness, Winter Shelter and the Need for Meaningful Change

This letter included at the Mayor's request, referred from the November 14, 2022 Regular meeting

8.b

Downtown Murals - Background Information (0810-30)

• THAT Council receive the memorandum titled "Downtown Murals - Background Information" dated November 17, 2022, respectfully submitted by the Director, Operation Services;

  AND FURTHER, that Council directs Administration to pay the $100,100 to the Downtown Vernon Association (DVA) as work is completed and the DVA invoices the City.

8.c

Private Buoys in Okanagan Lake (0912 - Lake Access)

• THAT Council receive for information the memorandum titled "Private Buoys in Okanagan Lake" dated November 16, 2022 and respectfully submitted by the Real Estate Manager.

8.d

2023 - 2027 Proposed Financial Plan - Revised (1700-02-2023)

• THAT Council receive for information the memorandum titled “2023-2027 Proposed Financial Plan - Revised” dated November 23, 2022 respectfully submitted by the Director, Financial Services.

9.

MATTERS REFERRED

10.

NEW BUSINESS

10.a

Lakeview Revitalization Projects Progress - November (8000-02-03-06)

• THAT Council receive for information the memorandum titled "Lakeview Revitalization Project Progress - November", dated November 18, 2022 and respectfully submitted by the Manager, Aquatics.

10.b

UBCM Community Resiliency Investment Program - 2023 FireSmart Community Funding & Supports (1855-20)

• THAT Council authorize Administration to apply for up to $200,000 from the "UBCM Community Resiliency Invest Program - 2023 FireSmart Community Funding & Supports", as attached to the report of the same titles, dated November 10, 2022 and respectfully submitted by the Director, Fire Rescue Services;

  AND FURTHER, that Council authorize Administration to assume overall grant management.

10.c

British Columbia Destination Development Fund - Grant Application (6140-20)

• THAT Council receive the memorandum titled “British Columbia Destination Development Fund – Grant Application” dated November 17, 2022 and respectfully submitted by the Senior Project Manager;

  AND FURTHER, that Council support the Phase 2 development of Becker Park Bike Skills park at a cost of $500,000;

  AND FURTHER, that Council authorize Administration to submit a grant application in the amount of $500,000 to the Provincial “Destination Development Fund” program funding stream.

10.d

2022 Sustainability Grants Program Recipients Fall Intake (5280-03)

• THAT Council endorse the 2022 Sustainability Grants Program Fall Intake recipients as follows:

  1. Precious Plastic Cap Recycling: Sidney Kwakkel ($1,000)
  2. The Wetlands of Vernon: Harold Sellers ($1,000)

  as outlined in the memorandum titled ‘2022 Sustainability Grants Program Recipients Fall Intake’ dated November 21, 2022 and respectfully submitted by the Environmental Planning Assistant. 

10.e

2022 Third Quarter Economic & Tourism Indicators Update (6750-01)

• THAT Council receive for information the memorandum titled "2022 Third Quarter Economic & Tourism Indicators Update" dated November 16, 2022 and respectfully submitted by the Manager, Economic Development & Tourism.

10.f

Official Community Plan Amendment, Rezoning and Development Variance Permit Applications for 2702 and 2800 40th Street (3340-20)

• THAT Council support, in principle, Official Community Plan Amendment application 00098 (OCP00098) to amend the Official Community Plan land use designation of Lot 3, Plan 3761, DL 71, ODYD (2702 40th Street) and Lot A, Plan KAP73789, DL 71, ODYD (2800 40th Street) from ‘Residential Small Lot’ to ‘Public and Institutional’, as outlined in the report titled “Official Community Plan Amendment, Rezoning and Development Variance Permit Applications for 2702 and 2800 40th Street” dated November 16, 2022 and respectfully submitted by the Economic Development Planner;

  AND FURTHER, that Council support presenting the proposed Official Community Plan Amendment application at a public open house in order to seek public input prior to the Public Hearing;

  AND FURTHER, that Council support, in principle, rezoning application 00391 (ZON00391) to rezone Lot 3, Plan 3761, DL 71, ODYD (2702 40th Street) and Lot A, Plan KAP73789, DL 71, ODYD (2800 40th Street) from ‘RM2 – Multiple Housing Residential’ to ‘P3 – Private Institutional’ in order to expand an existing seniors residential care facility;  

  AND FURTHER, that Council support Development Variance Permit Application 00593 (DVP00593) to vary the following sections of Zoning Bylaw 5000 to allow for the expansion of a seniors residential care facility on Lot 3, Plan 3761, DL 71, ODYD (2702 40th Street) and Lot A, Plan KAP73789, DL 71, ODYD (2800 40th Street): 

  1. to vary the maximum projections for the patio roof in the front yard setback from 1.5m to 3.96m (Section 4.4.2); and
  2. to vary the minimum south side yard setback for the building wall from 6.0m to 3.0m and 1.83m for the roof overhang (Section 12.3.5); 

  AND FURTHER, that Council’s support of DVP00593 is subject to the following: 

  1. that Lot 3, Plan 3761, DL 71, ODYD (2702 40th Street) and Lot A, Plan KAP73789, DL 71, ODYD (2800 40th Street) be consolidated into one lot;
  2. the owner is to build or enter into a Development Agreement for the construction of the curb, gutter and sidewalk along the frontage of Lot 3, Plan 3761, DL 71, ODYD (2702 40th Street);
  3. the owner is to pave the laneway for the remaining ~30m south of the property to 27th Avenue; and
  4. that the site plan, floor plan, building elevations and landscaping plans generally noted as Attachments 6–8 be attached to and form part of DVP00593.

10.g

Proposed Text Amendments to C10A: Tourist Commercial and Residential Zoning District (6450)

• THAT Council support the preparation of a text amendment to zoning district C10A: Tourism Commercial and Residential as outlined in the report titled "Proposed Text Amendments to C10A: Tourist Commercial and Residential Zoning District" dated November 16, 2022 and respectfully submitted by the Economic Development Planner.

10.h

Flag Policy (0110-40)

• THAT Council receive the memorandum titled “Flag Policy” dated November 18, 2022 and respectfully submitted by the Manager, Legislative Services;

  AND FURTHER, that Council approve “Flag Policy” as presented to Council this 28^th day of November, 2022.

10.i

Acting Mayor Schedule Amendment (0530-01)

• THAT Council appoint Councillor Gares as Acting Mayor for January 2023 and Councillor Quiring as Acting Mayor for February 2023 as outlined in the memorandum titled "Acting Mayor Schedule Amendment" dated November 21, 2022 and respectfully submitted by the Manager, Legislative Services.

10.j

Additional Cleaning Services (1700-02-2023)

• THAT Council receive the memorandum titled “Additional Cleaning Services” dated November 23, 2022 respectfully submitted by the Director, Financial Services;

  
  AND FURTHER, that Council authorize the extension of additional cleaning services until December 31, 2024 at a cost of $168,000, funded by the COVID-19 Safe Restart Grant reserve.

11.

LEGISLATIVE MATTERS

11.a

Bylaws for Adoption

11.a.1

Bylaw 5908

• THAT Bylaw 5908, “Active Living Centre Loan Authorization Bylaw 5908, 2022", a bylaw to borrow upon the credit of the Municipality a sum not exceeding One Hundred and Twenty-one million dollars, $121,000,000, to construct an Active Living Centre facility servicing the City of Vernon, be adopted.

11.b

Bylaws for First, Second and Third Readings

11.b.1

Bylaw 5929

• THAT Bylaw 5929, “Sewer User Rates (Rate Increases) Amendment Bylaw Number 5929, 2022”, a bylaw to amend the Sewer User Rates Bylaw Number 5400, 2013, be read a first, second and third time.

11.b.2

Bylaw 5930

• THAT Bylaw 5930, “Fees and Charges (High Strength Waste Discharge Rate Increase Amendment Bylaw 5930, 2022”, a bylaw to amend the surcharge for high strength wastes discharged to the City of Vernon sanitary system, be read a first, second and third time.

11.b.3

Bylaw 5931

• THAT Bylaw 5931, “Fire Services (Ice and Swift-Water Rescue) Amendment Bylaw Number 5931, 2022”, a bylaw to amend the Fire Services Bylaw 5635, be read a first, second and third time.

12.

COUNCIL INFORMATION UPDATES

12.a

Mayor and Councillors Reports

12.b

Notices of Motion

12.b.1

Anti-Racial Discrimination and Anti-Racism Policy

• THAT Administration bring the Lidstone & Company drafted (and free) Anti-Racial Discrimination and Anit-Racism Policy back for Council's consideration;

  AND FURTHER, that Administration provides information regarding the level of training, learning and development, orientation/onboarding required to adhere to the conditions and requirements outlined in the Policy;

  AND FURTHER, that Administration provides a personnel support and training budget for Council's consideration;

  AND FURTHER, that Administration provides a recommendation regarding the corporation making application to join the Canadian Commission for UNESCO's Coalition against Racism.

12.b.2

Memorial Plaque

• 'THAT Council direct Administration to set-up a memorial plaque to be located on the stone rockface outside City Hall to honor the three most recent Councillors who passed during their term in office, Patrick Nicol (2014), Bob Spiers (2018) and Dalvir Nahal (2021);

  AND FURTHER, that Council authroize the expenditure of up to $5,000 to allow for the preparation and creation of the memorial plaque;

  AND FURTHER, that Administration provide Council with the source of funding;

  AND FURTHER, that Council approve the quotation to be added to the Memorial which exemplifies their contributions:  "What you leave behind is not what is engraved in stone monuments but what is woven into the lives of others" - Thucydides, or quote determined by Council;

  AND FURTHER, that the Memorial Plaque(s) be installed no later than Spring of 2023.

12.b.3

Sustainable Use Paper Policy

• THAT Council direct Administration to create and implement a Sustainable Use Paper Policy that is specific for Council that reduces the use of paper and helps move us closer to a more "green" paperless organization.  This policy could incorporate sustainable best practices in its procurement, use and disposal of all paper products;

  AND FURTHER, that Administration determines which area(s) in Council duties, committees and/or meetings can be immediately eliminated or reduced in order to reduce our carbon footprint by going digital.  The areas that could be immediately adjusted, but are not limited to:

  1. Council Agendas
  2. Council Orientation Packages
  3. Reports
  4. Other documents that can easily be converted to a digital copy that is accessible via our Surfaces
  5. City of Vernon Committees

  AND FURTHER, that the initial Annual Financial Budget binder woul dbe exempt from this policy but with ongoing amendments being provided digitally;

  AND FURTHER, that Staff is to create a timeline that addresses the organization's overall paper usage and where necessary adjustments can be made to help reduce paper consumption and subsequent paper cost as a method to reduce consumption, improve environmental principles and improve costs to taxpayers.

13.

INFORMATION ITEMS

13.a

Correspondence

13.b

Minutes from Council Committees

• Advisory Planning, October 10, 2022
• Tourism Commission, October 19, 2022

14.

CLOSE OF MEETING