Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, November 01, 2023 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 2774 833 0351, 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)(c) labour relations or other employee relations;
  • 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; and,
  • 90(1)(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act.

3.

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

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

• Recommendation:

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)(e) disposition of land and 90(1)(j) FiPPA s. 22 harm to business

3.3.2

Closed under section 90(1)(c) labour matter

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 meeting held October 4, 2023 and their regular and special meetings held October 18, 2023.

4.1.2

Jennifer Blunt re Letter of Support for Rowing Canada

Purpose: To provide Rowing Canada Avirona a letter of support for their application to the Rural Economic Diversification and Infrastructure Program (REDIP-FIT).

• Recommendation:

  THAT Council authorize the Mayor to provide a letter of support to Rowing Canada Aviron for their application to the Rural Economic Diversification and Infrastructure Program (REDIP-FIT).

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

Environmental Advisory Committee meeting minutes

Purpose: To receive for information the draft minutes from the October 17, 2023 Environmental Advisory Committee meeting.

• Recommendation:

  THAT Council receive for information the minutes from the October 17, 2023 Environmental Advisory Committee meeting.

4.2.2

Honourable Bruce Ralston re Provincial and Federal Funding - Flood Management Plan

Purpose: To receive for information the October 17, 2023 email from the Honourable Bruce Ralston, Minister of Emergency Management and Climate Readiness, following up on conversation and commitments at the 2023 UBCM Convention regarding funding for implementation of the Flood Management Plan to protect properties, business, and critical infrastructure against the increasing threat posed by flooding.

• Recommendation:

  THAT Council receive for information the October 17, 2023 email from the Honourable Bruce Ralston.

4.2.3

Association of Vancouver Island Coastal Communities re 2024 AVICC AGM & Convention - 1st Call for Resolutions and Convention Information

Purpose: To receive for information the October 23, 2023 email and documents regarding the 2024 Resolutions to be considered at the 2024 AGM and Convention taking place April 12-14, 2024 and call for nominations for AVICC Executive. 

• Recommendation:

  THAT Council receive for information the October 23, 2023 email and documents from the Association of Vancouver Island and Coastal Communities.

4.2.4

City of Surrey re Letter to BC Mayors re Surrey Police Transition

Purpose: To receive for information the October 20, 2023 letter from Mayor Brenda Locke on behalf of the City of Surrey requesting support in raising concerns with the Premier and the Solicitor General.

• Recommendation:

  THAT Council receive for information the October 20, 2023 letter from Mayor Brenda Locke on behalf of the City of Surrey for information.

4.2.5

Chief Thomas re Grant Funding to NIFA Elite Soccer Team

Purpose: To receive for information the October 17, 2023 email from Chief Thomas requesting that North Cowichan provide financial assistance to Janna George to help with travel expenses to participate on the NIFA elite soccer team in Europe in August 2024.

• Recommendation:

  THAT Council receive for information the October 17, 2023 email from Chief Thomas. 

4.2.6

Edgar Dearden re Fossil Gas Terminology

Purpose: To receive for information the October 13, 2023 email from Edgar Dearden requesting support from local Municipalities to support the integration of the term “fossil gas” in lieu of “natural gas” to enhance climate change communication and action.

• Recommendation:

  THAT Council receive for information the October 13, 2023 email from Edgar Dearden for information.

4.2.7

Somenos Marsh Wildlife Society

Purpose: To receive for information the October 10, 2023 letter from Somenos Marsh Wildlife Society requesting that Council consider their requests in relation to municipal works on and around 6060 Canada Avenue, and to provide a letter of support for funding the Firehouse Creek Restoration Project and S'amunu Stormwater Detention Wetland.

• Recommendation:

  THAT Council receive for information the October 10, 2023 letter from Somenos Marsh Wildlife Society.

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

Providence Farm Request for Connection to Water

Purpose: Bev Suderman from Providence Farms to provide an update/overview in regards to their request for water services, and to provide Council with contextual information about the properties.

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. 3916 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3916, 2023 which received third reading following the public hearing on August 16, 2023 and the 219 covenant has now been registered on title. If adopted, this bylaw will permit a detached accessory dwelling unit at 10029 Beach Drive.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw No. 3916, 2023.

9.2

Zoning Amendment Bylaw No. 3937, 2023, for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3937, 2023, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit one detached additional dwelling unit at 7475 Bell McKinnon Road.

• Recommendation:

  THAT Council:

  1. Give first and second readings to Zoning Amendment Bylaw No. 3937, 2023 to permit one detached accessory dwelling unit at 7475 Bell McKinnon Road; and,
  2. Authorize a Public Hearing for Zoning Amendment Bylaw No. 3937, 2023.

9.3

South End Waterworks District Amendment Bylaw No. 3939, 2023, for first three readings

Purpose: To introduce South End Waterworks District Amendment Bylaw No. 3939, which proposes connecting two lots outside the Urban Containment Boundary (UCB) along Donnay Drive South to the South End Water Local Area Service.

• Recommendation:

  THAT Council:

  1. Give first, second and third reading to South End Waterworks District Amendment Bylaw No. 3939, 2023;
  2. Defer further consideration of South End Waterworks District Amendment Bylaw No. 3939, 2023 until such time as staff has received confirmation that Cowichan Tribes is supportive of this application; and,
  3. Direct that the following covenants be registered on title prior to consideration of adoption of South End Waterworks District Amendment Bylaw No. 3939, 2023:
     1. Lot A, Section 19, Range 2, Cowichan District, Plan VIP86516, Parcel Identifier 027-871-665:
        1. The use is limited to one single-family or one two-family dwelling.
        2. If the water pressure to the new dwelling is below 40 psi, then the owner must install a private booster pump system designed by a qualified professional. The design will be required prior to issuance of a building permit.
        3. If the distance to the centre of the new dwelling is greater than 150 m from a municipal hydrant the owner must provide a hydrant at the property line. Provision of funds for the hydrant will be required prior to the issuance of a building permit.
     2. Lot A, Section 18, Range 1, Cowichan District, Plan VIP62100, Parcel Identifier 023-216-573:
        1. The use is limited to one single-family or one two-family dwelling.
        2. Access to the property will be off the existing cul-de-sac at the end of Deborah Drive.

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

Earthquake Early Warning System in Municipal Hall Building

Purpose: To consider a request from Natural Resources Canada to install an Earthquake Early Warning system in the Municipal Hall building.

• Recommendation:

  THAT Council direct the CAO to enter into an agreement with Natural Resources Canada to install an Earthquake Early Warning system at the Municipal Hall building at 7030 Trans-Canada Highway for an annual consideration of $30 payable November 1^st each year.

10.2

Establishment of the Agricultural Advisory Committee

Purpose: For Council to endorse the Terms of Reference to establish the Agricultural Advisory Committee and proceed to recruit potential volunteers for Council’s subsequent selection.

• Recommendation:

  THAT Council:

  1. Approve the Terms of Reference for the Agricultural Advisory Committee as presented in the Planning Manager’s November 1, 2023 report, included as Attachment 1;
  2. Appoint Councillor Justice to serve as the Chair of the Agricultural Advisory Committee;
  3. Direct staff to incorporate Agricultural Advisory Committee administration into the annual business planning process; and,
  4. Direct staff to advertise for volunteers for Council’s subsequent selection of committee members at a future meeting in 2024.

10.3

Reimbursement of Legal Fees in Relation to Conflict of Interest Policy

Purpose: To consider establishing a policy for reimbursing members of Council their costs for obtaining legal advice concerning a perceived or actual conflict of interest.

• Recommendation:

  THAT Council approve the Reimbursement of Legal Fees in Relation to Conflict of Interest Policy.

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.

11.1

Update to DRAFT Master Transportation Plan

Purpose: So that Councillor Justice may introduce the following motion which Council will consider at the same meeting where Council considers the Master Transportation Plan:

“THAT Council direct staff to remove the proposed Stamps Road to Bazett Road Connection Multi-Use Pathway from the Master Transportation Plan.”

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.

13.1

Review of Council Committee and Board Appointments

Purpose: To review appointments of Council members to committees and regional boards to determine if any changes are required.

• Mayor's Recommendation:

  THAT Council appoint:

  1. Councillor Findlay to serve as the Chair on the Accessibility Advisory Committee to October 31, 2026;
  2. Councillor Caljouw to serve as the Chair on the Environmental Advisory Committee to October 31, 2026;
  3. Mayor Douglas to serve as the Chair on the Forestry Advisory Committee to October 31, 2026;
  4. Councillor Manhas to serve as the Chair on the Sports Wall of Fame Committee to October 31, 2026;
  5. Mayor Douglas and Councillor Justice to the Joint Utilities Board to October 31, 2026;
  6. Mayor Douglas, Councillor Istace, Councillor Justice and Councillor Toporowski as Municipal Directors to the Cowichan Valley Regional District Board; and Councillor Manhas as Alternate Director #1, Councillor Caljouw as Alternate Director #2, and Councillor Findlay as Alternate Director #3 to the Cowichan Valley Regional District Board;
  7. Councillor Manhas to represent the Municipality of North Cowichan on the Cowichan Valley Regional District's Sport Tourism Grant Sub-Committee to October 31, 2026;
  8. Councillor Manhas to the Vancouver Island Regional Library Board and Councillor Justice as the Alternate Member to serve on the library board if Councillor Manhas is absent or unable to act from January 1 to December 31, 2024;
  9. Councillor Caljouw to the City of Duncan’s Tourism Advisory Committee, and Councillor Toporowski as the Alternate to October 31, 2026;
  10. Councillor Manhas to the BC Forest Discovery Centre Board to October 31, 2026;
  11. Councillor Istace to the Chemainus and District Chamber of Commerce to October 31, 2026;
  12. Councillor Istace to the Chemainus Festival of Murals Society to October 31, 2026;
  13. Councillor Justice to the Cowichan Communities Health Network to October 31, 2026;
  14. Councillor Manhas to the Cowichan Community Policing Advisory Society to October 31, 2026;
  15. Councillor Justice to the Crofton Community Centre Society to October 31, 2026;
  16. Councillor Manhas to the Duncan Cowichan Chamber of Commerce to October 31, 2026;
  17. Councillor Toporowski to the Maple Bay Community Association to October 31, 2026;
  18. Councillor Caljouw to the Social Planning Cowichan Board to October 31, 2026;
  19. Councillor Caljouw to the Somenos Management Committee to October 31, 2026; and,
  20. Councillor Toporowski to the Quamichan Watershed Stewardship Society to October 31, 2026.

13.2

Evaluation of Noise Bylaw

Purpose: For Councillor Justice to move the motion that was introduced at the October 18, 2023 regular Council meeting.

"THAT Council direct staff to prepare a report which provides options for creating a progressive Noise Bylaw which would mitigate noise complaints by:

1. Leveraging best practices from other jurisdictions;
2. Taking into account the multiple aspects of noise - including its frequency, predictability, complexity, time course, duration, as well as level (decibels) - which can lead to annoyance and have negative health impacts or other detrimental effects on residents' well-being;
3. Recognizing that in residential areas there are shift workers sleeping, home businesses operating, and an increasing number of people working remotely from home during 'work hours' throughout which increased noise levels have in the past been tolerated;
4. Complying with our OCP goal of both mitigating the impact of current sources of noise pollution and preventing the creation of new sources."

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.