Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, January 18, 2023 at 5:00 P.m. - 6:00 P.m.

Municipal Hall - Council Chambers & Electronically

This meeting which is open to the public, will be conducted in-person in Council Chambers and by video conference using the Cisco Webex platform, and will be streamed live and archived for viewing on demand at www.northcowichan.ca. All representations to Council form part of the public record.

 

Members of the public may attend the Municipal Hall [7030 Trans-Canada Highway] in person, or join the meeting electronically to participate during the 'Public Input' and 'Question Period' portions of the agenda. Please visit northcowichan.ca/virtualmeeting for instructions on how to connect online or you may dial 1.844.426.4405, enter 1# for English, enter the meeting ID 2772 797 6355, and then enter the meeting password 1111.

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1.

CALL TO ORDER

As soon as there is a quorum present after the time specified for the Council meeting, the Mayor shall call the meeting to order. If there is no quorum of Council present within 30 minutes of the scheduled time for the meeting, the meeting is adjourned until the next scheduled meeting.

2.

APPROVAL OF CONSENT AGENDA

To adopt all recommendations appearing on the Consent Agenda in one motion, without discussion or debate. Included are items that are regular, non-controversial, or routine in nature. Any item may be moved out at the request of any Council member for discussion or debate, before the agenda is approved. Items removed from the Consent Agenda will be placed under New Business.

• Recommendation:

  THAT Council approve the Consent Agenda and the recommendations contained therein.

2.1

Items for decision

All recommendations provided under each of the items listed below will be adopted once the Consent Agenda is approved, unless removed and placed under New Business. 

2.1.1

Council Meeting Minutes for Adoption

Purpose: To consider if there were any errors or omissions prior to adopting the minutes of previous meetings of Council.

• Recommendation:

  THAT Council adopt the minutes of their regular meeting held December 21, 2022.

2.1.2

Committee of the Whole Recommendation for Endorsement

Purpose: To endorse January 10, 2023 Committee of the Whole's grant-in-aid recommendations.

• Recommendation #1:

  THAT Council direct staff to add the Chemainus Valley Historical Society and the Cowichan Historical Society as a yearly line item in the grant in aid budget.

• Recommendation #2:

  THAT Council approve grant in aid amounts for 2023 for a total of $224,400, allocated as follows:                                                                 

  1. BC Forest Discovery Centre – BC Forest Museum $25,000
  2. Chemainus and District Chamber of Commerce $27,500
  3. Duncan Cowichan Chamber of Commerce $34,000
  4. Cowichan Neighbourhood House Association $38,600
  5. Chemainus BC BIA – Flower Baskets $24,000
  6. Chemainus Theatre Festival Society $20,000
  7. Chemainus Cemetery (St Michael’s and All Angels Church) $1,000 to offset water and garbage fees
  8. Chemainus Communities in Bloom $7,600
  9. Cowichan Valley Basket Society $3,000
  10. Cowichan – Bring Back Bluebirds $2,000
  11. Take a Hike Foundation $500
  12. WildsafeBC $3,000
  13. Chemainus Rotary Club $500
  14. Chemainus Valley Historical Society $8,500
  15. Cowichan Historical Society $5,500
  16. Cowichan Music Festival $200
  17. Maple Bay Community Association – Canada Day $3,500
  18. Somenos Community Association $7,000
  19. Vimy Community Club $3,000
  20. Westholme School Society $5,000
  21. Cowichan Rugby Club $5,000

  AND THAT the unallocated portion not be brought forward in the 2023 budget.

2.2

Items for information

All items listed below will be received for information purposes only once the Consent Agenda is approved, unless removed and placed under New Business where Council may consider taking action. 

2.2.1

Quarterly List of Supplier Payments

Purpose: To provide a listing of payments to suppliers totalling over $10,000 in the fourth quarter of 2022.

• Recommendation:

  THAT Council receive for information the 4th Quarter Payment Listing (October – December 2022) report.

2.2.2

Provincial Legislation related to the use of groundwater in British Columbia

Purpose: To provide Council with an assessment of the regulations and policies on the use of groundwater in British Columbia and the efficacy of a North Cowichan bylaw to prohibit the bottling and sale of groundwater.

• Recommendation:

  THAT Council receive the Senior Environmental Specialist’s report dated January 18, 2023, for information.

2.2.3

North Cowichan Resident Re: Amendment to Consent Agenda Policy

Purpose: To receive the December 19, 2022 email from a North Cowichan resident requesting Council amend the consent agenda policy when it comes to redacting the author's name from correspondence received from members of the public.

• Recommendation:

  THAT Council receive the December 29, 2022 email from a North Cowichan resident.

2.2.4

North Cowichan Resident Re: Henry Road Safety Assessment

Purpose: To receive the January 2, 2023 letter from a North Cowichan resident requesting that Council conduct a comprehensive traffic study of Henry Road before authorizing a right-of-way for the use of Henry Road for the development at 9090 Trans-Canada Highway and to apply to ICBC to participate in the no cost Municipal Road Safety Audit Program for Henry Road.

• Recommendation:

  THAT Council receive the January 2, 2023 letter from a North Cowichan resident.

2.2.5

Office of the Lieutenant Governor of British Columbia Re: Year End Report for 2022

Purpose: To receive the December 19, 2022 year end report for 2022 from the Office of the Lieutenant Governor of British Columbia.

• Recommendation:

  THAT Council receive the December 19, 2022 year end report for 2022 from the Office of the Lieutenant Governor of British Columbia.

2.2.6

Agricultural Land Commission (ALC) Re: Congratulations on Election

Purpose: To receive the December 23, 2022 email from Jennifer Dyson, Chair, Agricultural Land Commission congratulating Mayor and Council on the 2022 Election and inviting Council members and staff to meet with them to discuss the application and planning processes and how the ALC interacts and collaborates with communities in the administration of the ALR.

• Recommendation:

  THAT Council receive the December 23, 2022 email from the Agricultural Land Commission.

2.2.7

Honours and Awards Secretariat: Order of British Columbia

Purpose: To receive the January 9, 2023 email from Lucy Lobmeier, Honours and Awards Secretariat, advising Council that nominations for the province’s highest honour, the Order of British Columbia, are now being accepted. The deadline for submissions is Tuesday, April 11, 2023.

• Recommendation:

  THAT Council receive the January 9, 2023 email from Lucy Lobmeier, Honours and Awards Secretariat.

3.

APPROVAL OF REGULAR AGENDA

To consider any items of business not included in the Agenda that are of an urgent nature they must be introduced and approved at the time the agenda is adopted. Matters must be taken up in the order that they are listed unless changed at this time.

• Recommendation:

  THAT the agenda be adopted as circulated [or as amended].

4.

MAYOR'S REPORT

Mayor’s opportunity to make announcements and update Council and the community on various matters which the Mayor has participated in since the last meeting.

5.

DELEGATIONS

Delegations appear before Council in order to make a presentation, enter a request for action, or bring Council up to date on a project, idea, or concept, or to provide further information on an issue currently before Council for a decision. Delegations are limited to 10 minutes to make their address to Council unless extended by a unanimous vote of all Council members present. A delegation may not address Council on a bylaw for which a public hearing has been held or where a public hearing is required.

5.1

Somenos Marsh Wildlife Society

Purpose: Paul Fletcher on behalf of Somenos Marsh Wildlife Society will be updating Council on their 2022 North Cowichan Service Agreement achievements and to outline what is ahead for this work in 2023. Staff shall be providing an introduction to the Somenos Marsh Wildlife Society’s presentation.

6.

PUBLIC INPUT ON AGENDA ITEMS

Public Input is an opportunity for the public to provide their feedback on matters included on the agenda. The maximum number of speakers to be heard during the public input period is limited to five, with a maximum of three minutes allotted to each speaker.  Members of the public attending the meeting in person must register at least 10 minutes prior to the meeting by signing the sheet posted outside of Council Chambers. Members of the public attending electronically must raise their hand once the meeting has been called to order. Please visit northcowichan.ca/virtualmeeting for instructions on how to raise your hand. Speakers are asked to state their name and residential address when commencing their address to Council.

7.

BYLAWS

Bylaws appearing under this section will be listed in order of readings as follows: (a) bylaws for adoption shall appear first, followed by (b) bylaws receiving third reading, then (c) bylaws receiving first and second or first three readings.

7.1

Zoning Amendment Bylaw (6478, 6494, 6493, 6489 from R1 & 6495 Paddle Road from CD10 to CD22), No. 3867 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw (6478, 6494, 6493, 6489 from R1 & 6495 Paddle Road from CD10 to CD22), No. 3867 which received third reading following the public hearing on September 7, 2022. If adopted, this bylaw will permit high-density residential and commercial uses on the subject properties. The section 219 Covenant Agreement and the Housing Agreement have been registered with the Land Titles Office.

• Recommendation:

  THAT Council adopt "Zoning Bylaw Amendment Bylaw No. 3867 (6478, 6494, 6493, 6489 from R1 & 6495 Paddle Road from CD10 to CD22), 2022".

8.

REPORTS

This section includes reports from staff requiring a decision of Council and/or staff presentations. Staff reports for information only are placed in the Consent Agenda.

8.1

Audit Planning Report

Purpose: Daniel Healey and Cameron Rice-Gural of KPMG  to present the planned scope and timing for the audit of the consolidated financial statements.

• Recommendation:

  THAT Council approve the Audit Plan presented by KPMG for the consolidated financial statements of the District of North Cowichan and the Joint Utilities Board for the year ended December 31, 2022.

8.2

Electrifying the Municipal Light-duty Fleet

Purpose: To provide an update on the Climate Action and Energy Plan goal to electrify the municipal fleet and present a light-duty electric fleet replacement schedule for 2023-2025. A staff presentation will be provided at the meeting.

• Recommendation:

  THAT Council:

  1. Endorse the electrification of 12 light-duty vehicles between 2023-2025;
  2. Allocate $219,390 to cover the electric premium of 12 vehicles, with $144,114 from the Climate Action and Energy Plan Corporate Reserve Fund as a corporate loan and $75,276 from the Local Government Climate Action Program grant; and,
  3. Allocate $125,000 for fleet electric vehicle charging station installation, from the Local Government Climate Action Program grant.

8.3

Implementation Plan for Automation of Curbside Collection

Purpose: To review the Curbside Automation Implementation Plan and consider whether to include the transition to an automated collection system in the 2023 budget.

• Recommendation:

  THAT Council direct staff to:

  1. Proceed with the Automated Curbside Collection Implementation Phase 1 Plan in 2025, including the purchase of four fully automated trucks (three diesel and one electric truck), organics including yard waste collection and a utilizing a default cart size of 100 litres;
  2. Increase the garbage fee in 2023 from $125 per year to $183 for phase 1 of the Automated Collection Program;
  3. Allocate $110,000 to cover the electric premium for the electric fully automated truck from the Climate Action and Energy Plan Corporate Reserve Fund; and,
  4. Allocate up to $250,000 on electrical upgrades and one level three charging station from the Climate Action and Energy Plan Corporate Reserve Fund and Local Government Climate Action Program grant.

9.

NOTICES OF MOTIONS

This section includes notices of motions submitted by Members of Council for introduction only, discussion and debate of the motion shall occur at a future meeting. Introductory remarks or clarifying questions are not permitted at this time as per Council’s Notice of Motion Policy.

9.1

Urban Containment Boundary – 24 month Amnesty

Purpose: So that Councillor Findlay may introduce the following motion which Council will consider at the February 1, 2023 regular Council meeting:

"That Council provide a 24-month "amnesty" period for all owners whose properties were excluded from the revised Urban Containment Boundary (UCB) included in the Official Community Plan, in order for those property owners to provide notice to North Cowichan staff of their intention to proceed with their property development options, which had been available to them prior to the UCB change."

10.

UNFINISHED AND POSTPONED BUSINESS

This section includes matters that have been postponed to a certain time or referred to staff, a committee or some other organization or person, and shall be placed under this section when the matter is returned to Council for consideration.

10.1

FortisBC Statutory Right of Way

Purpose: To approve the disposition of land that is jointly owned with the City of Duncan to FortisBC via a statutory right of way agreement in order to provide a natural gas service to the new high school.

• Recommendation:

  THAT Council authorize the disposition of a portion of the rear parking area near the ice arena at the Cowichan Community Centre, legally described as Lot 1, Plan VIP82333 (PID 026-922-142), in the form of a Statutory Right of Way, substantially located in the area identified by the black dashed line in Attachment 1 to the January 18, 2023 report from the Director, Engineering Projects, to FortisBC, in exchange for FortisBC paying all costs associated with completing the survey and registration of the Statutory Right of Way with the LTSA Land Title Office, and subject to the Council for the City of Duncan approving the terms of this disposition.

10.2

Licence of Occupation – A Place to Be

Purpose: To consider approving a Licence of Occupation with Cowichan Housing Association for a portion of 2687 James Street (West end of Cowichan Community Centre parking lot adjacent to University Way) for use as a temporary daytime warming and cooling shelter for people experiencing homelessness.

• Recommendation:

  THAT Council approve the Licence of Occupation to Cowichan Housing Association for a portion of 2687 James Street (West end of Cowichan Community Centre parking lot adjacent to University Way), jointly owned by Duncan and North Cowichan, for “A place to be” project, a semi-permanent daytime shelter to provide basic warming and cooling spaces for people experiencing homelessness, for a term of six months, with the option to extend the term for an additional six months.

11.

NEW BUSINESS

This section includes external items that require a decision of Council, items that have been removed from the Consent Agenda, and motions submitted by Council members, where previous notice has been given, for Council consideration.

12.

QUESTION PERIOD

Question Period is an opportunity for the public to ask brief questions regarding the business discussed during the meeting. When invited by the Mayor, members of the public who are attending the meeting in person may step up to the podium to ask their question(s) and members of the public who are attending electronically may raise their hand at this time. Please visit northcowichan.ca/virtualmeeting for instructions on how to raise your hand.

13.

ADJOURNMENT

Once all the business is done and over with, the Mayor may declare the meeting adjourned without requiring a resolution of Council.