Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, August 16, 2023 at 4:00 P.m. - 7:00 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 814 2410, 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)(b) - personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity.

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)(b) – Awards [Sports Wall of Fame Inductees]

3.3.2

Closed under section 90(1)(b) – Awards [Medal of Good Citizenship - Call for Nominations]

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 meetings held June 21, 2023, July 11, 2023, and July 19, 2023 and their regular and public hearings meetings held July 19, 2023.

4.1.2

2024 Budget Timeline

Purpose: To provide Council with a draft timeline of the 2024-2028 financial plan and public consultation for consideration.

• Recommendation:

  THAT Council approve the budget timeline included in the August 16, 2023, report from the Director, Financial Services.

4.1.3

Clements Centre for Families re: Clements Centre for Families Visit

Purpose: To receive the July 17, 2023 letter from Dominic Rockall, Chief Executive Officer, Clements Centre for Families, requesting that Council advocate on their behalf for the advancement of the Ministry for Children and Family Development’s Pathway to Hope initiative and their early years mental health programs.

• Recommendation:

  THAT Council authorize Mayor Douglas to advocate on behalf of the Clements Centre for Families to the Province on following through on their commitments under Pathway to Hope initiative.

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 Draft Minutes

Purpose: To receive the draft June 27, 2023 Environmental Advisory Committee minutes for information. (Note: Committee recommendations are included with the staff report under item 10.4)

• Recommendation:

  THAT Council receive for information the June 27, 2023 Environmental Advisory Committee minutes.

4.2.2

Economic Development Committee Draft Minutes

Purpose: To receive the draft June 22, 2023 Economic Development Committee minutes for information. (Note: Committee recommendations are included with the staff report under item 10.5)

• Recommendation:

  THAT Council receive for information the June 22, 2023 Economic Development Committee minutes.

4.2.3

Black Press re: Support for Local News Media

Purpose: To receive the July 19, 2023 letter from David van Deventer, Publisher, Black Press Media, requesting Council's support for local news media and stop advertising on Facebook.

• Recommendation:

  THAT Council receive the July 19, 2023 letter from the Black Press Media for information.

4.2.4

Our Cowichan Communities Health Network re: Our Health, Our Community Survey

Purpose: To receive the July 31, 2023 email from Vanessa Daether, Project Manager, Our Cowichan Communities Health Network, following up from their December 7, 2022 presentation to Council to advise them that the health and wellness survey is now live.

• Recommendation:

  THAT Council receive the July 31, 2023 email from Vanessa Daether from Our Cowichan Communities Health Network for information.

4.2.5

Association of Vancouver Island Coastal Communities (AVICC) re UBCM Convention 2023 - Student Registration

Purpose: To receive the August 1, 2023 email from AVICC inviting North Cowichan to register up to three student participants on a complementary basis, for the 2023 Convention in Vancouver, September 20th - 22nd.

• Recommendation:

  THAT Council receive the August 1, 2023 email from AVICC for information.

4.2.6

Cowichan Early Childhood Educators re Union of BC Municipalities (UBCM) Resolution on Child Care

Purpose: To receive the August 4, 2023 letter from Adriana Soler, Co-chair, Cowichan Early Childhood Educators requesting Council's support for the UBCM Resolution on Child Care by advocating for the hiring of an Early Childhood Educator.

• Recommendation:

  THAT Council receive the August 4, 2023 letter from the Cowichan Early Childhood Educators 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

Presentation on Bail Reform

Purpose: Alistair MacGregor, MP Cowichan-Malahat-Langford, to present Council with overview of Bill C-48 (Bail Reform).

• Recommendation:

  THAT Council waive the 10 minute time limit for delegations.

7.2

Overview of the Forest Stewardship Council (FSC) Canada and Community Forest Standard

Purpose: To provide Council with a general overview of the Forest Stewardship Council (FSC) Canada and its mission, followed by a discussion of our Community Forest Standard.

7.3

Providence Farm request for connection to water

Purpose: Vancouver Island Providence Community Association, DBA Providence Farms, to present Council with more information on the nature of the properties in regard to their request for water.

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

Miscellaneous Offences and Fines Amendment Bylaw No. 3922 for adoption

Purpose: To consider adoption of Miscellaneous Offences and Fines Amendment Bylaw No. 3922, 2023, which received first three readings at the July 19, 2023 meeting. If adopted, this bylaw will update the fines and offences in Bylaw Offence Notice Enforcement Bylaw No. 3677 and Municipal Ticket Information System Bylaw No. 3464 subsequent to the adoption of Waterworks Amendment Bylaw No. 3904, 2023.

• Recommendation:

  THAT Council adopt Miscellaneous Offences and Fines Amendment Bylaw No. 3922, 2023

9.2

Zoning Amendment Bylaw No. 3912 for adoption

Purpose: To consider adoption of Zoning Bylaw Amendment Bylaw No. 3912, 2023 which received third reading following the public hearing on July 19, 2023. If adopted, this bylaw will permit a detached accessory dwelling unit at 7325 Osborne Bay Road.

• Recommendation:

  THAT Council adopt Zoning Bylaw Amendment Bylaw No. 3912, 2023.

9.3

Zoning Amendment Bylaw No. 3919, 2023, for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3919, 2023, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit (ADU) at 6344 Woodgrove Way.

• Recommendation:

  THAT Council:

  1. Give first and second readings to Zoning Amendment Bylaw No. 3919, 2023; and,
  2. Authorize a Public Hearing for Zoning Amendment Bylaw No. 3919, 2023.

9.4

Zoning Amendment Bylaw No. 3920 for first and second reading

Purpose: To consider an amendment to the Zoning Bylaw to reclassify 3351 Auchinachie Road from Residential One and Two-Family Zone (R3) to facilitate a proposed two-lot subdivision and future residential development under the following zoning:

• Residential Small Lot Single-Family Zone (R3-S), and
• Village Residential Infill Comprehensive Development Zone (CD24).

• Recommendation:

  THAT Council:

  1. Gives first and second readings to Zoning Amendment Bylaw No. 3920, 2023; and,
  2. Authorize a Public Hearing for Zoning Amendment Bylaw No. 3920, 2023.

9.5

Zoning Amendment Bylaw No. 3925, 2023, for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3925, 2023, which proposes to amend Zoning Bylaw No. 2950, 1997, to facilitate a two-lot subdivision at 3211 Malcolm Road.

• Recommendation:

  THAT Council:

  1. Give first and second readings to Zoning Amendment Bylaw No. 3925, 2023; and,
  2. Authorize a Public Hearing for Zoning Amendment Bylaw No. 3925, 2023.

9.6

Towing and Vehicle Impound Bylaw No. 3923 and Fees and Charges Amendment Bylaw No. 3921 for first three readings

Purpose: To introduce:

1. Towing and Vehicle Impound Bylaw No. 3923, 2023, which proposes to authorize the removal, impoundment, and release of trailers and vehicles parked in violation of Traffic Bylaw No. 2276, 1988 and/or Highway Use Bylaw No. 2261, 1989,
2. Fees and Charges Amendment Bylaw No. 3921, 2023, which proposes to amend the fees for towing and impoundment to cover the costs incurred for the removal of trailers, recreational vehicles and other vehicles parked illegally.

• Recommendation:

  THAT Council:

  1. Give first, second and third readings to Towing and Vehicle Impound Bylaw No. 3923, 2023, and,
  2. Give first, second and third readings to Fees and Charges Amendment Bylaw No. 3921, 2023.

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

2nd Quarter Report for RCMP Activities

Purpose: Ken Beard, North Cowichan/Duncan RCMP, to present to Council:

1. North Cowichan/Duncan RCMP’s quarterly report for April to June 2023;
2. Downtown Duncan Corridor and Area for April – June 2023; and
3. Annual Performance Plan (APP).

• Recommendation:

  THAT Council endorse the North Cowichan/Duncan RCMP Detachment 2023-2024 Annual Performance Plan Initiatives as presented.

10.2

CWAV Licence of Occupation – 6002 Canada Ave property green-space

Purpose: To review and approve a licence of occupation agreement to the Cowichan Women Against Violence Society (CWAV) for the use of a portion of Municipal property at 6002 Canada Avenue.

• Recommendation:

  THAT Council approve the five-year licence of occupation with the Cowichan Women Against Violence Society for green space over a portion of 6002 Canada Ave.

10.3

Asset Management Update

Purpose: To provide an update on asset management activities and obtain Council approval for a grant application to the Union of British Columbia Municipalities’ Asset Management Planning Program.

• Recommendation:

  THAT Council support an application to the Asset Management Planning Program for a grant of up to $25,000 for the creation of Asset Management Plans for park infrastructure and support overall grant management for the project.

10.4

Environmental Advisory Committee Comments on Draft Biodiversity Assessment Report

Purpose: To consider the Environmental Advisory Committee’s recommended changes to the Draft North Cowichan Biodiversity Assessment Report prepared by Diamond Head.

(Note: draft minutes are included for information under Consent Agenda item 4.2.1)

• Recommendation:

  THAT Council direct staff to work with Diamond Head Consulting to incorporate the following comments and suggestions from the June 27, 2023 EAC meeting into the draft policy report:

  1. Enhance and emphasize relationships and connectivity to other and adjacent jurisdictions managing biodiversity in North Cowichan and identification of actions underway by other jurisdictional partners (for example, the Ministry of Agriculture for agricultural lands);
  2. Clarify agricultural types and areas (i.e., grassland, cropland) and definition of biodiversity types within different agricultural jurisdictions and activities;
  3. Consider the importance of protection and clarity of restoration terminology when considering areas of lower biodiversity ranking for policy development consideration in areas with potentially higher historical biodiversity rankings;
  4. Include missing biodiversity threats of forest conversion to agricultural land, loss of forested land for groundwater retention, water pollution, industrial and infrastructure uses;
  5. Provide an indication of what kind of ecosystem is predicted in 2040 with climate changes or large disturbances (section 8.2);
  6. Develop plain language summaries at each phase of the report development to capture what was learned for public communication;
  7. Use alternate language for “green infrastructure network,” such as (habitat network);
  8. Provide habitat networks between Somenos to Mount Prevost, Somenos to Maple Mountain, and south of Highway 18;
  9. Use First Nations individual names when referring to indigenous population;
  10. Change language in section 8.3 to clarify that indigenous practices were stopped; and,
  11. Add area of Coastal Douglas Fir with and without forest cover.

10.5

June Economic Development Committee Report

Purpose: To seek Council adoption of the Economic Development Committee 2023 work plan.

(Note: draft minutes are included for information under Consent Agenda item 4.2.2)

• Recommendation:

  THAT Council adopt the Economic Development Committee’s 2023 Work plan, appended to the August 16, 2023 report from the Climate Change Specialist as Attachment 2.

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.

12.1

OCP Amendment Bylaw (1711 Roberts Street) No. 3914 and Zoning Amendment Bylaw No. 3915 for first and second readings

Purpose: To consider the motion to give first and second readings to Official Community Plan Amendment Bylaw No. 3914, 2023 and Zoning Amendment Bylaw No. 3915, 2023, which proposes to facilitate future residential development of approximately 32 to 50 housing units, inclusive of secondary suite potential, at 1771 Robert Street, that was deferred from the July 19, 2023 regular Council meeting.

• MOVED AND SECONDED:

  IT WAS MOVED AND SECONDED:
  THAT Council:

  1. give first and second reading to Official Community Plan Amendment Bylaw No. 3914, 2023;

  2. give first and second reading to Zoning Amendment Bylaw No. 3915, 2023; and

  3. direct staff to schedule a public hearing for Official Community Plan Amendment Bylaw No. 3914, 2023, and Zoning Amendment Bylaw No. 3915, 2023.

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

Cowichan Valley Regional District (CVRD) re Appointments to newRecreation Commissions

Purpose: To provide the CVRD Board recommendations for commission representatives and alternate representatives to the new Recreation Commissions for a term starting in October 2023 and ending December 31, 2026.

• Recommendation #1:

  THAT Council recommends that the Cowichan Valley Regional District Board appoint:

  1. ______________ to the Cowichan South Recreation Commission with ______________ as the  Alternate Member.
• Recommendation #2:

  THAT Council recommends that the Cowichan Valley Regional District Board appoint:

  1. ______________ to the Cowichan North Recreation Commission with ______________ as the Alternate Member; and,
  2. ______________ to the Cowichan North Recreation Commission with ______________ as the Alternate Member.
• Recommendation #3:

  THAT Council recommends that the Cowichan Valley Regional District Board appoint:

  1. ______________ to the Cowichan Core Recreation Commission with ______________ as the Alternate Member; and,
  2. ______________ to the Cowichan Core Recreation Commission with ______________ as the Alternate Member.
• Recommendation #4:

  THAT Council recommends that the Cowichan Valley Regional District Board appoint:

  1. ______________ to the Cowichan Lake Recreation Commission with ______________ as the Alternate Member; and,
  2. ______________ to the Cowichan Lake Recreation Commission with ______________ as the Alternate Member.

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.