Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, January 17, 2024 at 4:00 P.m. - 5:00 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 2771 721 5186, 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.

RESOLUTION TO CLOSE THE MEETING TO THE PUBLIC

A resolution of Council must be passed during the open portion of the meeting stating the basis under the Community Charter in which the public shall be excluded.

• Recommendation:

  THAT Council close the meeting at ____ p.m. to the public on the basis of the following section(s) of the Community Charter.

  • 90(1)(d) the security of the property of the municipality.
  • 90(1)(e) the acquisition, disposition or expropriation of land or improvements, which the council considers that disclosure could reasonably be expected to harm the interests of the municipality.
  • 90(1)(k) negotiations & related discussions re 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 held in public.

3.

CLOSED SESSION [4:00 - 5:00PM]

Any matters that must or may be closed to the public in accordance with section 90 of the Community Charter shall appear here.

3.1

Approval of in-camera meeting agenda

3.2

Adoption of in-camera meeting minutes

3.3

In-camera meeting items

3.3.1

Closed under section 90(1)(d) Security, (k) Negotiations regarding potential new service

3.3.2

Closed under section 90(1)(e) Land Acquisition

3.4

Rise and Report

4.

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.

4.1

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. 

4.1.1

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 December 20, 2023.

4.1.2

Committee of the Whole Recommendation for Endorsement

Purpose: To receive the draft minutes from the January 9, 2024, Committee of the Whole meeting and to endorse the Committee of the Whole's grant-in-aid recommendations.

• Recommendation #1:

  THAT Council approve the 2024 Grant-in-Aid application from Cowichan Estuary Restoration & Conservation Association in the amount of $2,900.

• Recommendation #2:

  THAT Council add $3,500 to the 2024 Grant-in-Aid budget.

4.2

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. 

4.2.1

Committee of the Whole meeting minutes

Purpose: To receive for information the minutes from the December 19, 2023 Special Committee of the Whole meeting.

(Note: Minutes have been updated with the version adopted on January 9, 2024)

• Recommendation:

  THAT Council receive for information the minutes from the December 19, 2023 Special Committee of the Whole meeting.

4.2.2

4th Quarter List of Supplier Payments

Purpose: To provide a listing of payments to suppliers totalling over $10,000 in the 4^th Quarter of 2023.

• Recommendation:

  THAT Council receive for information the 4^th Quarter Payment Listing (October – December 2023) report.

4.2.3

Association of Vancouver Island and Coastal Communities re 2024 AGM & Convention

Purpose: To receive for information the December 11, 2023, email reminder from the Association of Vancouver Island and Coastal Communities of the upcoming deadlines for resolutions [February 7, 2024], nominations [February 7, 2024], and photo submissions [March 1, 2024].

• Recommendation:

  THAT Council receive for information the December 11, 2023, email from the Association of Vancouver Island and Coastal Communities.

4.2.4

Member of Parliament for Cariboo-Prince George re 3-digit suicide prevention hotline

Purpose: To receive for information the letter from Todd Doherty, MP, Cariboo-Prince George, requesting the municipality display a poster regarding 988 - the 3-digit suicide prevention hotline that you can call or text anywhere in Canada.

• Recommendation:

  THAT Council receive for information the letter from the Member of Parliament for Cariboo-Prince George.

4.2.5

Mayor of Fort St. John re Letter to the Minister of Public Safety and Solicitor General regarding increased criminal activity

Purpose: To receive for information the November 29, 2023, letter from Lilia Hansen, Mayor of Fort St. John to Minister Farnworth, requesting the enactment of legislation to address the increased criminal activity and social disorder communities are facing.

• Recommendation:

  THAT Council receive for information the November 29, 2023, letter from the Mayor of Fort St. John, for information. 

4.2.6

Executive Director of Housing Innovations re Proposed code changes related to mass timber construction

Purpose: To receive for information the December 15, 2023, email from Zachary May, Executive Director of Housing Innovations, Ministry of Housing, inviting comments on the code changes related to encapsulated mass timber construction proposed by the Joint Task Group, Harmonized Variations for Mass Timber. The deadline for comments is January 26, 2024.

• Recommendation:

  THAT Council receive for information the December 15, 2023, email from the Executive Director, Housing Innovations, Ministry of Housing.

4.2.7

Sandra Blackey re Request to update the Animal Responsibility Bylaw No.3740

Purpose: To receive for information the December 4, 2023, email from Sandra Blackey, requesting an amendment to Animal Responsibility Bylaw No. 3740, to include wild birds (pigeons) in the existing bylaw which prohibits feeding wildlife.

• Recommendation:

  THAT Council receive for information the December 4, 2023, email from Sandra Blackey.

4.2.8

Citizens Oversight & Accountability Project re Request for Inclusivity in Community Survey Participation

Purpose: To receive for information the December 23, 2023, email from the Citizens Oversight & Accountability Project, requesting the municipality explore and implement alternative methods for survey participation that do not require online registration.

• Recommendation:

  THAT Council receive for information the December 23, 2023, email from COAP.

4.2.9

Peter Rusland re request to take steps towards UNESCO designation for Six Mountains and the Municipal Forest Reserve

Purpose: To receive for information the December 27, 2023, email from Peter Rusland, requesting council take steps towards a UNESCO biosphere designation for Six Mountains and the Municipal Forest Reserve.

• Recommendation:

  THAT Council receive for information the December 27, 2023, email from Peter Rusland for information.

5.

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].

6.

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.

7.

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.

7.1

Audit Planning Report

Purpose: Daniel Healey and Cameron Rice-Gural from 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, 2023.

7.2

Cowichan Valley Primary Care Society

Purpose: Mark Sanders, MD and Patricia Seymour, MD from Cowichan Valley Primary Care Society to present on the current primary care crisis in the Cowichan Region.

7.3

Saunders Foundation

Purpose: Dave Saunders from the Saunders Foundation to present on the Community Healthcare Support Playbook.

8.

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.

9.

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.

9.1

Zoning Amendment Bylaw No. 3937 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3937, 2023, which received third reading following the public hearing on December 20, 2023, and received Ministry of Transportation and Infrastructure approval on January 4, 2024. If adopted, this bylaw will amend Zoning Bylaw No. 2950, 1997, to permit one detached additional dwelling unit at 7475 Bell McKinnon Road.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw No. 3937.

9.2

Revenue Anticipation Borrowing Bylaw No. 3946 for adoption

Purpose: To consider adoption of Revenue Anticipation Borrowing Bylaw No. 3946, 2023, which received first three readings on December 20, 2023. If adopted this bylaw will enable North Cowichan to borrow money for a short term, if needed, to continue municipal operations while waiting for anticipated revenue (i.e., property taxes) to be received.

• Recommendation:

  THAT Council adopt Revenue Anticipation Borrowing Bylaw No. 3946, 2023.

9.3

Zoning Amendment Bylaw No. 3940 for three readings and adoption

Purpose: To introduce Zoning Amendment Bylaw No. 3940, 2023, which proposes to amend Zoning Bylaw 1997, No. 2950 from “Residential One and Two Family (R3)” to “Infill Residential Neighbourhood (R3-N)” to permit a detached accessory dwelling unit at 3110 Chapman Road, Chemainus.

• Recommendation:

  THAT Council give first, second, and third readings to Zoning Amendment Bylaw No. 3940, 2023.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw No. 3940, 2023.

9.4

Zoning Amendment Bylaw No. 3944, 2023, for first three readings

Purpose: To introduce Zoning Amendment Bylaw No. 3944, 2023, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit at 1935 Maple Bay Road.

• Recommendation:

  THAT Council:

  1. Gives first, second, and third readings to Zoning Amendment Bylaw No. 3944, 2023; and
  2. Requires the registration of a Land Title Act section 219 covenant to restrict the size of an accessory dwelling unit at 1935 Maple Bay Road to 90m² prior to Council’s consideration of adoption of Zoning Amendment Bylaw No. 3944, 2023.

9.5

2024 – 2028 Financial Plan Bylaw No. 3953 for first three readings

Purpose: To consider the Financial Plan Bylaw, which sets out the Municipality’s objectives and policies for the period of 2024 – 2028.

• Recommendation:

  THAT Council give first, second, and third reading to 2024 – 2028 Financial Plan Bylaw No. 3953, 2024.

9.6

Highway Use Amendment Bylaw No. 3936, 2024, for first three readings

Purpose: To consider an amendment to the Highway Use Bylaw to enable bylaw enforcement officers to manage the use of municipal sidewalks.

• Recommendation:

  THAT Council give first, second, and third readings to Highway Use Amendment Bylaw No. 3936, 2024.

9.7

Delegation of Authority Amendment Bylaw No. 3943, 2024, for first three readings

Purpose: To consider amendments to the Animal Responsibility and Delegation of Authority Bylaws to delegate Council’s authority to appoint the Poundkeeper and Animal Control Officers to the director responsible for bylaw services.

• Recommendation:

  THAT Council:

  1. Appoint Kevin Watson as an Animal Control Officer, to replace Jordan Montgomery, effective immediately, and that Kevin Watson’s appointment shall terminate on December 31, 2025; and
  2. Give first, second and third readings to Delegation of Authority Amendment Bylaw No. 3943, 2024.

9.8

Bylaw Enforcement Officer Bylaw No. 3948, 2024, for first three readings

Purpose: To formally establish the bylaw enforcement officer position by a way other than under the Police Act to ensure that Bylaw Compliance Officers are accountable to Council rather than the officer in charge of the local RCMP detachment.

(Note: Correction made to Business Licence Bylaw No. 3153, 2024 to replace “Business Licence Inspector” with “Business Licence Officer” in section 3.)

• Recommendation:

  THAT Council give first, second, and third readings to:

  1. Bylaw Enforcement Officer Bylaw No. 3948, 2024;
  2. Business Licence Amendment Bylaw No. 3949, 2024;
  3. Delegation of Authority Amendment Bylaw No. 3950, 2024; and
  4. Municipal Fine Amendment Bylaw No. 3951, 2024.

9.9

South End Waterworks District Amendment Bylaw No, 3952, 2024, for first three readings

Purpose: To introduce South End Waterworks District Amendment Bylaw No. 3952, 2024, which proposes to expand the South End Water Local Area Service by connecting eight new lots along North Road [Lot 1, Section 5, Range 2, Somenos District, Plan VIP 63560 and Strata Lot 2, EPS 4528].

• Recommendation:

  THAT Council give first, second, and third reading to South End Waterworks District Amendment Bylaw No. 3952, 2024.

10.

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.

10.1

Development Variance Permit Application No. DVP00096 at 1211 Barnes Road

Purpose: To consider an application to vary Section 56 (7) (a) of Zoning Bylaw No. 2950, 1997, to increase the maximum permitted principal building height from 9.0 metres to 10.35 metres for a single-family dwelling.

(Note: Correction made to wording in Option 2 to reference principal building.)

• Recommendation:

  THAT Council authorizes the issuance of Development Variance Permit DVP00096 and grants the variance to section 56 (7) (a) of Zoning Bylaw No. 2950, 1997, to increase the maximum permitted principal building height from 9 metres to 10.35 metres at 1211 Barnes Road.

10.2

Generic Emails to Council

Purpose: To obtain direction from Council with respect to the receipt of emails from unidentified or unidentifiable individuals.

• Recommendation:

  THAT Council direct staff to create on online form for the public to provide feedback to Council.

11.

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.

12.

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.

13.

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.

14.

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.

15.

ADJOURNMENT

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