Municipality of North Cowichan
Regular Council
AGENDA

Tuesday, September 26, 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 2779 928 3656, 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 September 6, 2023 and the special meetings held September 6 and 12, 2023.

2.1.2

Committee of the Whole Recommendations

Purpose: To receive the draft minutes from the September 12, 2023 Committee of the Whole meeting and to endorse the Committee of the Whole’s recommendations to accept the proposed program, sequencing and timing of the zoning amendment modules and to provide the Chemainus Legion with a letter of support.

(Note: Copies of the staff report and the letter from the Chemainus Legion can be found in the Sept. 12/23 CoW Agenda)

• Recommendation #1:

  THAT Council endorses in broad terms the proposed program, sequencing and timing of zoning amendment modules for staff to bring forward for consideration, as set out in Attachment 1 to the Planning Manager’s September 12, 2023 report.

• Recommendation #2:

  THAT Council authorize the Mayor to provide a letter of support to The Royal Canadian Legion Chemainus Branch #191 in support of their application for a New Horizons for Seniors Program Grant from the Federal Government in order to upgrade their lounge kitchen.

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

Environment Advisory Minutes

Purpose: To receive for information the minutes from the August 22, 2023 Environmental Advisory Committee.

(Note: Committee recommendations are included with the staff report under item 8.5)

• Recommendation:

  THAT Council receive for information the minutes from the August 22, 2023 Environmental Advisory Committee.

2.2.2

Sports Wall of Fame Minutes

Purpose: To receive for information the minutes from the September 12, 2023 Sports Wall of Fame Committee.

• Recommendation:

  THAT Council receive for information the minutes from the September 12, 2023 Sports Wall of Fame Committee.

2.2.3

Kevin Mills: re Pedaling Possibilities Across Canada

Purpose: To receive for information the September 12, 2023 email from Kevin Mills requesting support for their fundraiser to benefit activity-based therapy programs by sharing their journey (Pedaling Possibilities Across Canada) on North Cowichan’s social media sites.

• Recommendation:

  THAT Council receive for information the September 12, 2023 email from Kevin Mills.

2.2.4

Gail Mitchell re The Cemetery, Interment and Funeral Services Act of British Columbia

Purpose: To receive for information the September 15, 2023 email from Gail Mitchell requesting support to amend The Cemetery, Interment and Funeral Services Act of British Columbia to allow for Aquamation or Alkaline Hydrolysis in BC.

• Recommendation:

  THAT Council receive for information the September 15, 2023 email from Gail Mitchell.

2.2.5

Westcoast Prefab re BC Manufacturing Job Fund Grant & Invitation

Purpose: To receive for information the September 6, 2023 email from Chantal Clark on behalf of Westcoast Prefab requesting a letter of support for their application for a grant from the BC Manufacturing Job Fund, and inviting Council to tour their Chemainus operations.

• Recommendation:

  THAT Council receive for information the September 6, 2023 email from Chantal Clark on behalf of Westcoast Prefab.

2.2.6

Peter re Creating Affordable Housing

Purpose: To receive for information the September 4, 2023 email from Peter suggesting  that Council create a new tax for homes that are not an individual's principal residence.

• Recommendation:

  THAT Council receive for information the September 4, 2023 email about creating affordable housing.

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 - Firehouse Creek and S'amunu Wetland Proposal

Purpose: Paul Fletcher, on behalf of the Somenos Marsh Wildlife Society, to present Council with their Firehouse Creek and S'amunu Wetland proposal. 

5.2

House of Grace Pregnancy Centre - Permissive Tax Exemption

Purpose: Corina Finlay, on behalf of House of Grace Pregnancy Centre, to address Council in response to their decision to deny their request for a permissive tax exemption and provide an overview of the services they provide to the community.

5.3

Camp Qwanoes - Permissive Tax Exemption

Purpose: Scott Bayley, on behalf of Camp Qwanoes, to request that Council reconsider their decision to deny their request for a permissive tax exemption.

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

Sewer Services User Fee Amendment Bylaw No. 3926 for adoption

Purpose: To consider adopting Sewer Services User Fee Amendment Bylaw No. 3926. If adopted, this bylaw will amend Sewer Services Bylaw No. 2964 and Fees and Charges Bylaw No. 3784 to ensure consistency with current practices and compliance with provincial legislation.

• Recommendation:

  THAT Council adopt Sewer User Fee Amendment Bylaw No. 3926, 2023.

7.2

OCP Amendment Bylaw No. 3929 and Zoning Amendment Bylaw No. 3930 for first reading

Purpose: To consider amendments to the Official Community Plan and Zoning Bylaw to facilitate a proposed 5-lot subdivision for approximately 4 to 8 new housing units at 6409 Wicks Road.

• Recommendation:

  THAT Council deny file OCP00027 to amend Official Community Plan No. 3900, 2022, to redesignate 6409 Wicks Road from Rural Residential to Special Exemptions, and deny application ZB000161 to amend Zoning Bylaw No. 2950, 1997, to reclassify 6409 Wicks Road from the A2 to A5 zone.

7.3

Permissive Tax Exemption Bylaw No. 3928, 2023, for first three readings

Purpose: To introduce Permissive Tax Exemption Bylaw No. 3928, 2023, which proposes to exempt certain properties in 2024 from municipal property taxes.

• Recommendation:

  THAT Council give Permissive Tax Exemption Bylaw No. 3928, 2023 first, second and third readings.

7.4

Building Amendment Bylaw No. 3932, 2023, for first three readings

Purpose: To introduce Building Amendment Bylaw No. 3932 which proposes to update Building Bylaw No. 3172 in order to harmonize it with the recent changes to B.C. Building Code, 2018 (May 1, update), implement the Zero Carbon Step Code and include the full range of building inspections undertaken during the building process.

• Recommendation:

  THAT Council

  1. Give first, second and third readings to Building Amendment Bylaw No. 3932, 2023; and,
  2. Direct staff to communicate with the building industry about pending changes to Building Bylaw No. 3172.

7.5

Waste Collection and Waterworks Amendment Bylaw No. 3935, 2023, for three readings

Purpose: To introduce Waste Collection and Waterworks Amendment Bylaw No. 3935, which proposes to amend the Waste Collection Bylaw, the Waterworks Bylaw and the Fees and Charges Bylaw to ensure consistency with current practices and compliance with provincial legislation.

• Recommendation:

  THAT Council give first, second and third reading to Waste Collection and Waterworks Amendment Bylaw No. 3935, 2023.

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

Temporary Use Permit Application for 6823/6833 Bell McKinnon Road

Purpose: To consider an application for the temporary use of 6823/6833 Bell McKinnon Road for construction worker vehicle parking trades trailers and storage of topsoil

• Recommendation:

  THAT Council issue Temporary Use Permit No. TUP00029 to EllisDon Corporation to allow construction worker vehicle parking, trades trailers, and storage of topsoil at 6823/6833 Bell McKinnon Road.

8.2

Remedial action required to address the hazardous condition at 7900 Mays Road

Purpose: To consider imposing a Remedial Action Order to rectify the hazardous condition at 7900 Mays Road caused by the exposed embankment.

• Recommendation:

  THAT Council:

  1. Declare the embankment on the west side of 7900 Mays Road (the “Property”), legally described as Lot A, Section 12, Range 5, Somenos District, Plan EPP25465, PID 029-614-929 to be a hazardous condition;
  2. Declare the hazardous condition to be a significant risk to health and safety that requires action earlier than the minimum time limit for compliance set out in section 76 of the Community Charter;
  3. Order that the owner of the Property, 4A Craft Concepts Inc. (the “Owner”), must, by October 12, 2023, install chain link mesh that provides a secure barrier between the fence on the western side of the Property and the land on the west side of the fence. The mesh must be securely anchored to the fence and the ground it in a manner that will prevent the potential for people, animals or objects from falling under the fence and down the embankment;
  4. Establish a reduced reconsideration request period, as set out in section 77 of the Community Charter, of seven days due to the significant risk to health and safety associated with the hazardous condition; and,
  5. Direct that if the Owner does not complete the remedial action requirement, that District staff, its agents or contractors may enter onto the Property and complete the remedial action, and any costs of the action shall be treated as a debt owed to the Municipality of North Cowichan. If the costs remain unpaid at the end of the calendar year in which the work was completed, it will be added to the property taxes pursuant to section 258 of the Community Charter.

8.3

Community Emergency Preparedness Fund Grant Application

Purpose: To request approval to apply to the Community Emergency Preparedness Fund (CEPF) grant program under the Volunteer & Composite Fire Department Training & Equipment funding stream for Wildland Personal Protective Equipment.

• Recommendation:

  THAT Council authorize an application for a grant in the amount of $30,000 under the Community Emergency Preparedness Fund grant program under the Volunteer & Composite Fire Department Training & Equipment funding stream for Wildland Personal Protective Equipment.

8.4

2024 Regional Recreation Budgets

Purpose: To receive pre-budget approval for the Cowichan Aquatic Center and the Fuller Lake Area 2024-2028 budgets for Regional Recreation function.

• Recommendation:

  THAT Council approve the 2024 – 2028 budget for the Cowichan Aquatic Center and the Fuller Lake Arena for submission to the Cowichan Valley Regional District.

8.5

August Environmental Advisory Committee Report

Purpose: To provide Council with staff’s advice prior to consideration of the Environmental Advisory Committee’s solar power recommendation.

• Recommendation:

  THAT Council direct staff to:

  1. investigate the environmental, social, and economic impacts of installations on civic buildings and typical single-family buildings, mindful of the recommendations brought forward at the August 22, 2023, Environmental Advisory Committee meeting about solar power,
  2. look for opportunities to educate and demonstrate to residents to advance solar power,
  3. investigate municipal tools and incentives available to advance solar projects in North Cowichan; and
  4. bring back a report to the Environmental Advisory Committee for review.

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.