Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, December 04, 2024 at 3:00 P.m. - 4:00 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 192 4789, 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 15 minutes of the scheduled time for the meeting, the Corporate Officer records the names of the members present and those absent, and adjourns the meeting until the next scheduled meeting.

2.

RESOLUTION TO CLOSE THE MEETING TO THE PUBLIC [3:00PM - 5:00PM]

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 to the public at [time] p.m. based on the following sections of the Community Charter:

  • 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)(g) litigation or potential litigation affecting the municipality.
  • 90(1)(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

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

2.1

Approval of in-camera meeting Agenda

2.2

Adoption of in-camera meeting Minutes

2.3

In-camera meeting Items

2.3.1

Closed under section 90(1)(e) Land + Harm

2.3.2

Closed under section 90(e) Land + Harm

2.3.3

Closed under section 90(1)(e) Land + Harm and 90(1)(i) Legal Advice

2.3.4

Closed under section 90(1)(g) Potential Litigation

2.4

Rise and report

3.

RECESS UNTIL 5:00PM

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, as per Council's Consent Agenda Policy.

• 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 and regular meetings held November 20, 2024.

4.1.2

Cowichan Valley Regional District request for a Letter of Support

Purpose: To consider the Cowichan Valley Regional District’s (CVRD) request for a letter of support for the continued use of Online Accommodation Platform Municipal Regional District Tax revenue for affordable housing within the CVRD. 

• Recommendation:

  THAT Council authorize the Mayor to provide a letter of support to the Cowichan Valley Regional District’s (CVRD) allocation of Online Accommodation Platform Municipal Regional District Tax revenues to affordable housing for the remainder of the 5-year MRDT agreement period, up to the repeal date of July 1, 2027.

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 draft minutes from the November 26, 2024 Special Committee of the Whole meeting.

• Recommendation:

  THAT Council receive for information the draft minutes from the November 26, 2024 Special Committee of the Whole meeting.

5.

APPROVAL OF MEETING AGENDA

5.1

Introduction of Late Items

To consider a late item of business not included in the agenda it must be introduced and approved at the time the agenda is adopted, and placed under New Business.

5.2

Changes to Order of Business

Matters must be taken up in the order that they are listed on the agenda unless changed at this time.

• Recommendation:

  THAT the agenda be adopted as circulated [or as amended].

6.

MAYOR'S REPORT

The Mayor may provide an update to Council on recent activities and important announcements. 

7.

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.

8.

PRESENTATIONS AND PETITIONS

8.1

Petitions

A Petition must be submitted one week prior to the meeting in order to be included in the council agenda package. A petitioner shall be limited to 5 minutes to address Council at the meeting where the petition has been included in the agenda package.

8.1.1

Petition re- Proposed preschool facility at the foot of Berridge Street in Crofton

Purpose: To consider an informal petition submitted by Brandy Callihoo, Eagle Tree Executive Director on November 14, 2024, in support of a proposed daycare facility at the foot of Berridge Street in Crofton.

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. 3919, 2023 [6344 Woodgrove Way] for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3919, 2023, which received third reading following the public hearing on September 26, 2023, and the 219 covenant has now been registered on title. If adopted, this bylaw will permit a detached accessory dwelling unit (ADU) at 6344 Woodgrove Way.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw No. 3919, 2023.

9.2

Traffic Bylaw Amendment Bylaw No. 3971 for adoption

Purpose: To consider adoption of Traffic Bylaw Amendment Bylaw No. 3971, which received first three readings November 20, 2024. If adopted, the Director of Engineering will have the authority to place, erect and remove traffic control devices, and to close roads under construction for periods longer than 28 days.

• Recommendation:

  THAT Council adopt Traffic Bylaw Amendment Bylaw No. 3971, 2024.

9.3

Zoning Amendment Bylaw No. 3974, 2024, for first three readings

Purpose: To introduce Zoning Amendment Bylaw No. 3974, 2024, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit at 6495 Wicks Road.

• Recommendation:

  THAT Council:

  1. Gives first, second, and third readings to Zoning Amendment Bylaw No. 3974, 2024; and,
  2. Requires the registration of a Land Title Act section 219 covenant to restrict the size of an accessory dwelling unit at 6495 Wicks Road to 90m² gross floor area, prior to Council’s consideration of adoption of Zoning Amendment Bylaw No. 3974, 2024.

9.4

Zoning Amendment Bylaw No. 3982, 2024, for first three readings

Purpose: To introduce Zoning Amendment Bylaw No. 3982, 2024, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit at Lot 6 Marine Crescent.

• Recommendation:

  THAT Council:

  1. Gives first, second, and third readings to Zoning Amendment Bylaw No. 3982, 2024; and,
  2. Require the registration of a section 219 covenant to restrict the size of an accessory dwelling unit at Lot 6 Marine Crescent to 90m² gross floor area prior to Council’s consideration of adoption of Zoning Amendment Bylaw No. 3982, 2024.

9.5

South End Waterworks District Amendment Bylaw No. 3987, 2024, for first three readings

Purpose: To introduce South End Waterworks District Amendment Bylaw No. 3987, 2024, which proposes to expand the South End Water Local Area Service to include 7570 Mays Road.

• Recommendation:

  THAT Council gives first, second and third reading to the South End Waterworks District Amendment Bylaw No. 3987, 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

Energy Study of the Aquatic Centre

Purpose: To seek Council approval to perform an energy conservation assessment of the Cowichan Aquatic Centre.

• Recommendation:

  THAT Council allocates up to $32,785 from the Climate Action and Energy Plan Reserve Fund to complete the Cowichan Aquatic Centre energy study and direct any future reimbursements by Fortis BC incentives back to the Reserve Fund.

10.2

2025 Regular Council and Committee of the Whole Meeting Schedule

Purpose: To consider rescheduling and/or cancelling the 2025 Council and Committee of the Whole meeting dates where conflicts are noted.

• Recommendation:

  THAT Council:

  1. Reschedule the January 14, 2025, Committee of the Whole meeting to January 7, 2025, and the October 14, 2025, Committee of the Whole meeting to October 7, 2025;
  2. Cancel the April 2, 2025 and April 16, 2025, regular Council meetings;
  3. Cancel the April 8, 2025 Committee of the Whole Meeting;
  4. Schedule a Joint Council meeting with the City of Duncan on Tuesday, February 25, 2025 at 4:00 p.m. to be hosted by North Cowichan; and,
  5. Schedule a Joint Council meeting with the City of Duncan on Thursday, October 9, 2025 at 4:00 p.m. to be hosted by City of Duncan.

10.3

Agricultural Land Commission Subdivision Application (ID 102118) 7088 and 7136 Richards Trail

Purpose: To consider an Agricultural Land Commission (ALC) Subdivision Application for 7088 and 7136 Richards Trail to enable Promise Valley Farm’s acquisition of adjacent pasture and hay fields.

• Recommendation:

  THAT Council authorize Agricultural Land Commission (ALC) application ID 102118 for subdivision of 7088 and 7136 Richards Trail, to be forwarded to the ALC with a recommendation that it be approved.

10.4

Delegations and Presenters Policy

Purpose: To introduce the Delegations and Presenters Policy, which details the management of delegations and presenters, and to align these procedures with the Council and Committee Procedures Bylaw adopted on July 17, 2024.

• Recommendation:

  THAT Council approves the Delegations and Presenters Policy, as attached to the Manager, Legislative Services report dated December 4, 2024.

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.

11.1

North Cowichan’s Housing Needs Projections and Immigration Policy Changes

Purpose: For Mayor Douglas to move the motion that was introduced at the November 7, 2024 regular Council Meeting.

• “THAT staff be directed to provide Council with a report that clarifies the different housing needs assessments and analyzes how recent changes to Canada’s immigration policy may impact North Cowichan’s housing requirements, as well as the viability of the development and construction industries to meet housing needs given potential new market dynamics.”

12.

NOTICE 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.

13.

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.

14.

ADJOURNMENT

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