Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, December 06, 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 2774 367 4454, 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 Special, Regular and Public Hearing meetings held November 15, 21 and 30, 2023.

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

Committee of the Whole meeting minutes

Purpose: To receive for information the minutes from the November 21 and 28, 2023 Committee of the Whole Budget meetings.

• Recommendation:

  THAT Council receive for information the minutes from the November 21 and 28, 2023 Committee of the Whole Budget meetings.

2.2.2

Honourable Ravi Kahlon re New Legislation to Support Local Government Housing Initiatives

Purpose: To receive for information the November 9, 2023, letter from the Honourable Ravi Kahlon, Minister of Housing, regarding new legislation to support local government housing initiatives.

• Recommendation:

  THAT Council receive for information the November 9, 2023, letter from the Minister of Housing.

2.2.3

Honourable Dan Ashton re Bill 45, the Miscellaneous Statutes Amendment Act (No. 4) 2023

Purpose: To receive for information the November 10, 2023, letter from Dan Ashton, MLA, regarding Bill 45, the Miscellaneous Statutes Amendment Act (No. 4), 2023, and its impact on local governments’ ability to enforce bylaws, making the dismantling of encampments of unhoused individuals more challenging.

• Recommendation:

  THAT Council receive for information the November 10, 2023, letter from the MLA for Penticton.

2.2.4

Honourable George Heyman re Funding Support for the remediation of Blue Green Algae Blooms in Quamichan Lake

Purpose: To receive for information the November 21, 2023, letter from the Honourable George Heyman, Minister of Environment and Climate Change Strategy recommending that North Cowichan follow up with the Real Estate Foundation’s Healthy Watersheds Initiative to seek funding support for the remediation of blue-green algae blooms in Quamichan Lake.

• Recommendation:

  THAT Council receive for information the November 21, 2023, letter from the Minister of Environment and Climate Change Strategy.

2.2.5

Brian Sauve re Clarifying Misconceptions Regarding Surrey Transition and Policing in B.C.

Purpose: To receive for information the November 22, 2023, letter from Brian Sauve, President and CEO of the National Police Federation, to address misunderstandings regarding the Surrey transition and its impact on policing in British Columbia.

• Recommendation:

  THAT Council receive for information the November 22, 2023, letter from the National Police Federation.

2.2.6

City of West Kelowna re Thank you from West Kelowna

Purpose: To receive for information the November 1, 2023, letter from Mayor Gord Milsom on behalf of the City of West Kelowna, expressing gratitude to the North Cowichan Fire Department for their support during the recent wildfires.

• Recommendation:

  THAT Council receive for information the November 1, 2023, letter from the City of West Kelowna. 

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.

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 No. 3927 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3927, 2023 which received third reading following the public hearing on November 15, 2023, and received Ministry of Transportation and Infrastructure approval on November 29, 2023. If adopted, this bylaw will formalize the existing land use and allow for a replacement animal shelter facility at 7550 Bell McKinnon Road.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw No. 3927, 2023.

7.2

OCP Amendment Bylaw No. 3941 for first and second reading

Purpose: To consider an amendment to the Official Community Plan to facilitate a two-lot subdivision at 2839 Wedgewood Drive.

• Recommendation:

  THAT Council deny application OCP00023 to amend Official Community Plan No. 3900, 2022, to redesignate 2839 Wedgewood Drive from Rural Residential to a land use designation that would facilitate a two-lot subdivision.

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

RCMP Quarterly Report, July - September 2023

Purpose: Staff Sergeant Ken Beard (Acting OIC), to present to Council:

• North Cowichan/Duncan RCMP’s quarterly report for July to September 2023.
• Downtown Duncan Corridor and Area report for July to September 2023.

8.2

Development Variance Permit Application for 2945 Green Road

Purpose: To consider a development variance permit (DVP) application to increase the maximum permitted principal building height from 12 metres to 20 metres for a proposed hotel at 2945 Green Road.

• Recommendation:

  THAT Council deny Development Variance Permit Application DVP00088 to vary Section 69 (6)(a) of Zoning Bylaw No. 2950 to increase the maximum permitted height from 12 metres to 20 metres for the development of a six-storey hotel at Green Road.

8.3

Development Variance Permit Application for 9928 Maple Street, Chemainus

Purpose: To consider a development variance permit application to increase the maximum permitted lot coverage from 30% to 38.2% for replacing an accessory building at 9928 Maple Street.

• Recommendation:

  THAT Council authorize the issuance of Development Variance Permit DVP00097 and grant a variance to Section 58 (5)(a) of Zoning Bylaw No. 2950 to increase the maximum permitted lot coverage from 30% to 38.2% at 9928 Maple Street.

8.4

ALR Exclusion Application for 8682 Trans-Canada Highway – Chemainus River Campground

Purpose: To provide Council with the Agricultural Land Commission’s decision on an application to exclude 8682 Trans-Canada Highway from the Agricultural Land Reserve (ALR) and to seek direction on requesting reconsideration of the decision.

• Recommendation:

  THAT Council does not request reconsideration of the Agricultural Land Commission’s decision to deny ALC Exclusion Application 59756 for 8682 Trans-Canada Highway.

8.5

Affordable Housing Project at 3191 Sherman Road

Purpose: To update Council on the affordable housing project located at 3191 Sherman Road and address the site contamination issues so that this project may continue to advance.

• Recommendation:

  THAT Council authorize the release of the $75,000 previously committed on June 15, 2022, from the Affordable Housing Reserve Fund to the affordable housing project at 3191 Sherman Road to pay for site investigation and remediation works.

8.6

Renewal of the Chemainus Business Improvement Area

Purpose: To obtain Council approval for the renewal of the Chemainus Business Improvement Area for a three-year term from 2024 to 2026 by means of the Council Initiative process and to instruct staff to take all the necessary measures to bring forward a renewal bylaw.

• Recommendation:

  THAT Council:

  1. Approve the use of the Council Initiative process as the means by which to measure property owner support for a three-year renewal term of the Chemainus Business Improvement Area;
  2. Authorize the Corporate Officer to bring forward a renewal bylaw for the required readings and authorize staff to undertake all the necessary related actions; and
  3. Request that staff proceed with the formal property owner notification process related to the renewal of the Chemainus Business Improvement Area and submit a further report on the matter, complete with recommendations for Council’s consideration after the expiry of the Council Initiative notice period.

8.7

Designation of Acting Mayor for 2024

Purpose: To consider which Councillor to designate as Acting Mayor for 2024.

• Recommendation:

  THAT Council designate Councillor ________________ to serve as Acting Mayor when the Mayor is absent or unable to act from January 1, 2024, to December 31, 2024.

8.8

2024 Regular Council and Committee of the Whole Meeting Schedule

Purpose: To consider rescheduling and/or cancelling the 2024 Council and Committee of the Whole meeting dates where conflicts exist and determine whether meetings shall continue to be conducted in a hybrid fashion (both in-person and by electronic means).

• Recommendation:

  THAT Council:

  1. Reschedule the May 14, 2024, Committee of the Whole meeting to May 7, 2024;
  2. Cancel the June 5, 2024, regular Council meeting;
  3. Cancel the September 18, 2024, regular Council meeting; and,
  4. Direct that the regular Council and Committee of the Whole meetings for 2024 be conducted by electronic means.

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.

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.

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.