Highlight: Councillor Donna Macdonald has tabled a motion to revisit Sunday transit service. Council cut the service last month in a bid to rein in costs in Nelson Transit, a move that was unpopular with user groups. Another highlight was the debate around improving the baseball diamond at Lions Park. Coun. Deb Kozak and Mayor John Dooley clashed over this item.
This post is the background for a live blog of tonight’s Nelson city council meeting, set to start at 7 p.m.
Text in italics is from the preview of the agenda. This post is a live blog of the meeting, which means content will be added as the evening progresses. Hit refresh on your web browser to see the latest from this meeting.
7 p.m.
They’re still in the public hearing that started at 6 p.m. for rezoning for 2012 Creek St.
There are quite a number of people here still. They’re concerned about traffic congestion and the quality of the roads to accomodate the development, especially in the winter. There are little details in the agenda about the development.
The public here are upset with how tonight’s meeting was advertised. Dave Wahn, city planner, says notices go in the Nelson Star for two weeks and people who live within 60 metres of the development get a letter. There’s muttering from the audience that they didn’t get a notice.
The public hearing is closed. The decision will come at a later meeting. They’re going to take a five-minute break and start the regular meeting.
7:13 p.m.
The meeting has started, with item 8b) moved to become 7e) to bring the climate change items together.
From council we have councillors Deb Kozak, Bob Adams, Donna Macdonald, Kim Charlesworth, Robin Cherbo and Mayor John Dooley. From staff there’s Kevin Cormack, city manager, Colin McClure, chief financial officer, Dave Wahn, city planner and Frances Long, manager of legislative and administrative services.
5a) Civic Centre signage
The Nelson Regional Sports Council, which has operated the Civic Centre since 2005, wants to put a sign on the north side of the arena. The sign would say the Civic Centre is city-owned and operated by the sports council. The council doesn’t have a design yet, wanting to get a feel of whether council would agree to such a sign before incurring any costs.
Staff recommend: that council support the proposed sign.
7:14 p.m.
Councillor Donna Macdonald moves the idea, seconded by Councillor Bob Adams. Macdonald says the north side of the building is used often. She wants to know if they get to approve the sign design.
Dave Wahn, city planner, says the sign will have to follow the design guidelines in the Official Community Plan.
Council unanimously approves the plan.
5b) Variance for carport and addition requested
A resident wants to build a carport and addition to their house. The carport was approved in 2009 when the house, 802 Richards St., was under other ownership. That owner didn’t proceed and the new owner wants to include an addition as well as a carport. The addition is not on top of the carport.
Staff recommend: The carport and addition be approved.
6a) Update on the greenhouse gas reduction plan
Alex Love, Nelson Hydro’s general manager, and Fiona Galbraith,corporate climate change action coordinator, will talk about the city’s efforts to reduce greenhouse gas emissions (GHGs).
In 2011 the city had $450,000 in capital expenses and they expect to save $72,000 a year on energy expenses. It will take just over six years for those capital expenses to be covered by the energy savings.
7:21 p.m.
Love and Galbraith take the podium. It was an ambitious year in 2011, says Galbraith. There were 35 projects on the table this year.
Most of them will be done by the end of this year. That will lead to a 7.5 per cent reduction in GHG emissions. The city’s target is a 25 per cent reduction by 2015.
The chart at the right shows the city’s greenhouse gas emissions and their reduction targets.
They used biodisel since May, five per cent blend. Galbraith says the public works yard says there were no maintenance problems with the shift and they’ll continue.
Galbraith holds annual workshops around these efforts and one thing to come out was they need to have better signage to show what they’re doing. You can now see signs on the side of the Civic Centre and city hall, as well as stickers on the city’s vehicles, showing where the city has been working on GHG reductions.
Cherbo asks about the difference in price between diesel and biodiesel. Galbraith says it’s a couple of cents more expensive.
Love says he’s pleased the city is making such progress. They’re tracking along their targets well, though last year’s warmer winter would’ve helped.
Love and Galbraith say city staff are engaged in the process. Macdonald says it’s encouraging to hear that and suggests they’ll continue to make improvements.
Cormack says the reductions make financial sense.
A huge flash of lightning lit up the outside. The thunder rolled a few seconds later, making Charlesworth jump. Her back is to the window and she missed the flash. Cherbo makes a joke about tapping into the lightening to power the city.
Council asks about the geothermal heating at the Selkirk Dorms. That’s up and running well, though this winter will be the real test for the system, says Love.
7a) Municipal officers amendment bylaw
The city has a bylaw laying out who their officers are. This covers positions like the city manager and the new chief financial officer, Colin McClure.
McClure replaced Linda Tynan, the city’s director of corporate services, but the city created a new position title and the bylaw has to be changed to reflect that.
7:40 p.m.
This is passed without discussion.
7b) Rezoning for 410 Anderson St.
The owner of 410 Anderston St. wants to subdivide the lot into two. Staff recommended council withhold approval until a geotechnical report be completed.
The report is done to the satisfaction of the city building inspector.
Staff recommendation: Council approve the subdivision.
Macdonald notes the geotechnical report makes note of a covenant. Wahn says the covenant will be registered prior to final subdivision approval. The council can rezone it now, says Wahn. The owner will have to comply with the report before they can get their subdivision.
The rezoning is approved.
7c) Rezoning St. Saviours Hall
The owner of Cottonwood Falls Animal Clinic wants to rezone the old church hall at 501 Carbonate St. to allow them to have offices, a vet clinic, theatre and residential use.
There were some concerns around noise from animals kept overnight.
Staff recommend: That council give third reading to the request, witholding adoption until the applicant registers a covenant that would prevent her from keeping healthy animals at the clinic overnight.
7:47 p.m.
Council gave the first and second reading to this project last month. The public hearing was earlier this evening.
Charlesworth moves this. Seconded by Macdonald.
Cherbo asks if they’ll board unhealthy animals. Yes, he’s told.
The motion to change the Official Community Plan passes unanimously.
Kozak and Macdonald say they appreciate the work on the part of the proponent to accomodate concerns around noise.
Macdonald says the creep of commercial business up into the residential area is allowed in limited ways according to the Official Community Plan. She’s confident this is an appropriate use.
Cherbo raises the concern of parking there and hopes a bylaw officer will keep an eye on the area.
The motion to change the land use regulation passes unanimously.
Cherbo says sick animals still make noise and he doesn’t think the noise issue has been addressed. He asks if Macdonald’s concerns are really taken care of.
Macdonald says animals in care at the hospital are usually sedated and “not up howling at the moon all night.” Animals kept in a kennel would be noisier, she says.
Dooley asks if the noise becomes a problem, what can the city do? Cormack says the noise bylaw would be the city (and public’s) go to should noise be a problem.
The motion to give final approval (once the covenant is registered) passes unanimously.
7d) Community Heritage Commission Bylaw
This is some housekeeping to get city bylaws up-to-date with provincial legislation.
7:55 p.m.
This isn’t as straightforward as I thought.
A man from the audience, Claus Lao Schunke, wanted to speak but he wasn’t allowed. I believe he’s a member of one of this commission. Council doesn’t hear presentations on issues unless they’re scheduled. Them not hearing from him tonight wasn’t unusual.
The wording has to do with the makeup of the Community Heritage Commission, specifically around having someone from the Cultural Development Commission.
They can have up to eight members from the community at large on the Community Heritage Commission.
Council has opted to give first and second reading because there are still some questions around wording.
7e) Low Carbon Path to 2040
Note: This was 8b) in the agenda but it was moved to 7e).
The Low Carbon Path to 2040 plan was presented to council at a special meeting last week. Read the live blog about it here.
The plan lays out actions the city can take including land use, transportation, building retrofits, better energy supply (including a wood waste district heating system, improving the solid waste system, and getting broad public engagement.
8:06 p.m.
Council accepted the document.
Council is now talking about adopting this report into the Official Community Plan (OCP). Charlesworth says it’s been a long time coming to get this report into the OCP.
She says this an action-oriented plan that will lead to concrete actions within the community.
Council gives first and second reading to get this into the OCP. Next the schedule a public hearing to review the changes to the OCP and then give the final adoption of the Low Carbon Path to 2040 report into the OCP.
8a) Lions Park Plan
The Nelson Baseball Association wants to build a baseball diamond at Lions Park. The association says registration has increased in recent years and they’re running out of space.
Baseball diamonds can be found at Lakeside Park and Queen Elizabeth Field. The association has raised $40,000 for the project and would require $7,000 from the city to upgrade Lions Park. The staff report doesn’t explain what the $7,000 would be needed for.
Staff recommend: Council approve the upgrades.
8:12 p.m.
There were 106 people registered in Nelson baseball in 2011.
Kozak proposes they refer this plan to the recreation portfolio for review and recommendation. Cherbo seconds it.
Kozak says she’s one of the councillors with the recreation portfolio and she wants this plan reviewed. Council first saw this plan on Thursday last week. It involves substantial work from the volunteer community but no ongoing costs to maintain the fencing and grass.
The community at large has had no opportunity to see these plans.
Lions Park is a multi-use park that includes a spray park, soccer field, existing softball diamond, ice rink.
The plans presented today include a storage shed as well.
“In a park that is already crowded, where will it fit?” asks Kozak.
She has concerns about homeruns being hit into other areas where children would play. There could be other opportunities to explore and Kozak would like it to go to the Oct. 20 recreation commission meeting. The delay won’t be long, says Kozak.
Our parks and recreation facilities deserve appropriate planning.
Cherbo says he agrees with everything Kozak says. This plan needs to be vetted, he says, so there’s no conflict like they had with Rosemont Park in 2007 (or was it 2008?).
Charlesworth says she’d like to see this plan considered for more than just a month. During their budget process in January, they had several parks proposals council would have liked to approve and they had discussion about what they’re able to do within their budget.
“It was clear at that time that all they could do is finish what they started last year. For that reason we didn’t need push forward with a parks planning process,” says Charlesworth.
However, it was clear there needs to be that process, she says.
Charlesworth says they need to suppor the volunteer efforts of the Lions but they need to ensure their efforts fit into a larger planning process.
Charlesworth says referring this to the recreation commission is beyond that commission’s mandate. They’re not supposed to create new recreation spaces, she says.
She hopes the parks and recreation group will consider that.
Coun. Bob Adams wants to know if this will come back to council’s next meeting. He wants to see this up and going as soon as possible.
Macdonald says she appreciates the efforts from the Lions but they haven’t heard about this until last week. Council needs to do some appropriate thinking about this project.
Kozak repeats that she supports baseball and sport for the health and well being of the community. Her own daughter plays.
“Baseball does happen at that park,’ she says. “What this plan is asking for is a substantial contribution from the community and the city to upgrade it to a great playing field.”
Kozak repeats that she wants this plan to be vetted through the appropriate channels.
Dooley clarifies the Lions have much of the money. Kozak jumps in to say there’s the $7,000 request from the City of Nelson. Dooley asks if he can finish. They’re almost speaking over each other.
Dooley says this is a volunteer group coming to the city with money in the bank. “I believe we should get moving on this. They need to get started this fall so they can play in the spring.”
The city is already mowing the grass there.
He calls Kozak’s motion a “tactic” to delay this project.
Cherbo says he agrees with Dooley. However, he says every time they hurry to do a project it bites them in the butt. “We need to be sure we’re doing the right thing,” says Cherbo. Is this the right place, he asks. We need clarification.
Cormack says an overall parks plan isn’t within the parks and recreation commission’s domain. Council needs to set aside money for that, says Cormack. If they want to defer any improvement to parks until a master plan is complete, that’s a legitimate decision.
This isn’t a change in use, says Cormack. City staff have considered this an improvement.
If council wants to put the breaks on parks and recreation and a master plan is done, then they need to say so explicitly.
Kozak says there is a master plan was developed in the 1990s. What she’s seeing in this proposal are gaps, says Kozak. Where’s the concession and storage facility supposed to go? she asks.
She repeats it’s a huge investment from the community. She understands it is hard to raise $50,000. However, she wants proper review of the project.
They review Kozak’s motion: refer this plan to the recreation portfolio for review and recommendation.
Cormack asks for clarification: Do they want a master plan? Do they want something else?
Adams says they’ve been looking for a new field for 15 years and this is the first time they’ve had positive movement to get it done. “We need to just get going and do it.”
There’s concern about the timing of the portfolio meeting. It includes Marg Stacey, Kozak and Dooley.
He wants to see it this week. Stacey is away for much, if not all, this week. We can include her via email, says Dooley.
Charlesworth says she understands Dooley’s desire to move ahead. But she wants to refer this to the portfolio because she wants to see good, in-depth discussions about this. That won’t happen through email if Stacey can’t be here, says Charlesworth. Stacey will be back in a couple of weeks, says Kozak.
Cherbo says two more weeks won’t make a difference. Charlesworth says council should have seen this plan before tonight.
Dooley calls the question. Only Adams votes against it. Macdonald, Kozak, Charlesworth, Cherbo and Dooley vote for it. (Note: Dooley didn’t raise a hand but according to the rules, that’s considered a vote in favour.)
The plan is referred to the recreation portfolio.
8c) Amendment to bylaw enforcement complaints
This is housekeeping, fixing up some wording issues around this bylaw.
8:41 p.m.
This is approved.
8d) Council pay
In 2008 council gave themselves a raise and in a report accepted at the time, they also included a feature to raise council’s pay matching inflation in B.C.
Staff recommend: Council approve the raise to go along with inflation in the province.
8:42 p.m.
Cormack says this is appropriate because the plan was to have an indemnity review committee before this election. However there was a comprehensive review before the last election which recommended the pay for councillors go up with inflation.
Macdonald supports this direction, but she has a question about the indemnity review committee. Were they supposed to appoint that committee? Or decide to not and adopt this staff motion?
Cormack says staff recommend council just approve the increase to match inflation for this year.
The increase is approved unanimously.
9a) Info items: correspondence and reports
Nothing much to report.
Received.
9b) Info items: minutes of council commissions
Nothing much to report.
9c) Info item: works in progress
This is where staff report on what progress they’ve made on council priorities. Councillors usually get excited by this and ask about the particular projects they’re excited about.
9d) Sunday public transit
Councillor Donna Macdonald has asked council to revisit the issue of public transit on Sundays. Council cut the service last month.
Macdonald says the review of Nelson’s transit done by BC Transit says 6,000 people a year use the Sunday service. She wants the city to explore options to keep the buses running on Sundays. Here’s her motion:
That Council direct staff to explore options to provide Sunday transit service, either provided by the City or provided through a partnership with a community organization, and that an update be provided to Council by November 7.
Coun. Donna Macdonald is told she has to move a motion that this be dealt with tonight. Normally councillors have to serve notice of motion for “late” items on the agenda. However, council can vote to deal with it tonight.
Bad weather is coming and she’d like it dealt with as soon as possible.
There’s some confusion about whether the legislation allows this. Adams is concerned they’re doing something inappropriate. Charlesworth seconds the motion to deal with this tonight.
The motion passes unanimously.
Now onto the motion. Macdonald adapts it to remove any reference to revisiting a matter, which can’t happen without 30-days notice when it deals with a service.
The change allows them to look into something new only.
That Council direct staff to explore options to provide Sunday transit service provided through a partnership with a community organization, and that an update be provided to Council by November 7.
Macdonald says there are 6,000 people a year using the bus on Sunday and she thinks there are opportunities to provide service on Sunday.
Cherbo says he feels they rushed into cutting bus service and he wishes they’d looked into this before they made the cuts last month. There are options out there in the community but I don’t think it will be as good as something offered by public employees.
Macdonald says she’s regretted cutting services.
Her motion passes unanimously.
10) Late items
8:57 p.m.
These come from the in camera session. There are some appointments to the library board and cultural development commission. Also, staff will be directed to complete a first phase analysis for council’s review of “city owned vacant titled and untitled land inventory including a discussion on departmental assessment of each site as well as the order of magnitude costs associated with transfer/sale prior to proceeding with a comprehensive review of all city-owned land.”
Meeting adjourned.
Good night.
9:06 p.m.
Glenn Hicks from Mountain FM is talking with members of council. He asked Charlesworth if she has an announcement to make.
“Only that I’m not running,” she says. There you have it.


Thanks for doing this. I wanted to go to this meeting, but it fell on the same night as the School Board meeting. I am glad that they are revisiting the Sunday transit issue. Shame that Kim Charlesworth is not running, shes great!
Glad to help, Curtis. It was a good meeting.
The following is a comment from Claus Lao Schunke, who was unable to leave a comment. I have posted it for him.
Regarding item “11. The Commission is hereby authorised and empowered to:
e. Review and make recommendations to Council on development applications
referred to the Commission.
Items 11.a – 11.d all explicitly refer to “heritage” matters – while 11.e does not. Thus the questions needing to be asked and addressed are:
1. What kinds of “development applications” ?
2. “Referred” by whom?
1a. Here the CHC seems to ask for carte blanche to involve itself in non-heritage matters,
legitimizing an involvement in practice for some time and clearly spoken-up against by
the public after the Funky-Monkey debacle. And that after Councillor Macdonald had
gone as far as declaring that decisions of this (non-heritage) kind are made by the
CHC according to a by-law. She was publicly corrected. The point here is that the
CHC has been allowed to cross over into non-heritage territory for some time -
simply because it could! Stopped by neither the by-law which created it nor the
people who created this by-law – or, more specifically, the CHC member from
Council.
Another example – David Dobie, designer of the current NDCC color scheme:
“The CDC does not have a mandate to officially comment on colours for the city
(other than unofficially, off the record and from a personal point of view), this vetting of
facades is and was done by the Heritage Committee (sic) and recommended to the
city that these colours be approved (sic).” Neither does the CHC have an official
mandate to vet and recommend colors other than (sort-of) those in connection with
heritage-themes or contents.
The Funky Monkey and NDCC are not heritage buildings; if any group – it should be
the CDC to deal with non-heritage colors in a clearly non-heritage environment!
2a. It would seem reasonable to “refer” “facade”-questions of a new building-development
to the CHC – if the new development directly involves an existing heritage structure or is
to be located within a heritage area.
As written now, 11.e is too vague, leaving too much room for interpretation – as opposed to establishing a concrete, enforceable rule.
Considering that the CHC posted its last meeting-minutes on/for Feb. 22, 2011 – about 7 months ago – this commission seems to have been working unsupervised and non-accountable for too long. Passing a vaguely worded amendment may not make the CHC’s work more transparent.
The preceding comment regards proposed amendments to the Community Heritage Commission Bylaw – specifically the addition of item 11.e.
The complete text of the proposal can be found on the City’s website, in the Regular Meeting agenda, Oct.11, pages 66 -68.