Construction of a new public works facility on Labieux Rd. is again in jeopardy courtesy improper procedure from the City of Nanaimo. (File photo/NanaimoNewsNOW)
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Second Nanaimo Operations Centre AAP in jeopardy after another error

Feb 5, 2024 | 6:16 PM

NANAIMO — For the second time in recent months, an alternative approval process (AAP) could be deemed invalid.

After a first AAP in late 2023 was ultimately voided due to an “administrative error”, a second attempt to borrow up to $48.5 million for a new Nanaimo Operations Centre is now subject to similar issues.

At fault this time is when forms were made available to those seeking to register their objection.

“During an AAP process, the legislation requires Elector Response Forms to be made available on the day of the first Notice,” the City noted in a release. “In this instance, forms were made available on the first day of the AAP, eight days later [on Jan. 18].”

While the next steps are unclear, Mayor and Council have asked staff for legal advice and options on whether they can proceed as planned, or if a third AAP could be started.

The City noted late on Monday, Feb. 5, the current AAP will continue until those options are fully known.

A second AAP for the updated public works yard was ordered in early December after the City failed to follow provincially mandated public notice schedules.

The process opened Jan. 18 and is slated to run until 4:30 p.m. on Feb. 20.

If more than 10 per cent of electors object to borrowing the money, the City would be forced to either move to referendum to ask permission to borrow funds, or finance the long-overdue project without borrowing.

A referendum would cost considerably more than an AAP.

Noni Bartlett, a member of a citizen group called the City of Nanaimo Oversight Society, said via email on Monday the AAP is being run in non-compliance.

“This result is an invalid AAP and further loss to Nanaimo citizens in wasted expenditure of public funds as well as the public’s time and energy submitting forms that have no value, not to mention loss of trust in the Mayor and Council’s administration of our City.”

At stake with the process is the immediate construction of phase one of the new Operations Centre, which would update vehicle maintenance bays and other critical space on Labieux Rd.

The current facility, which was built in the 1960’s for a city roughly half the current size, is vastly undersized and ill-prepared to meet and manage a widespread disaster such as an earthquake.

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