Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, May 15, 2024 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 2772 551 3820, 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 May 1, 2024 and their special meeting held May 7, 2024.

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

Committee of the Whole meeting minutes

Purpose: To receive for information the minutes from the May 7, 2024 Committee of the Whole meeting.

• Recommendation:

  THAT Council receive for information the minutes from the May 7, 2024 Committee of the Whole meeting.

2.2.2

Minister of Public Safety and Solicitor General and Deputy Premier re RCMP Contract Policing Municipalities

Purpose: To receive for information the May 3, 2024, letter from the Honourable Mike Farnworth, Minister of Public Safety and Solicitor General and Deputy Premier, addressing concerns raised about the impact that Surrey’s policing transition may have on other RCMP-policed municipalities.

• Recommendation:

  THAT Council receive for information the May 3, 2024, letter from the Honourable Mike Farnworth, Minister of Public Safety and Solicitor General and Deputy Premier.

2.2.3

Peter Rusland re request to ban tire wear chemical 6PPD-quinone on Canadian roads

Purpose: To receive for information the April 30, 2024, email from Peter Rusland, requesting a ban of tire-wear chemical 6PPD-quinone on Canadian roads.

• Recommendation:

  THAT Council receive for information the April 30, 2024, email from Peter Rusland.

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

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

Development Procedures Bylaw No. 3924 for third reading

Purpose: To consider amending the draft Development Procedures Bylaw No. 3924, 2024 by reducing the required timeframe an applicant must wait before resubmitting an unchanged version of a previously submitted application.

• Recommendation:

  THAT Council:

  1. Rescind third reading of Development Procedures Bylaw No. 3924, 2024;
  2. Amend Development Procedures Bylaw No. 3924, 2024 by substituting ’12’ with ‘6’ in Sections 2.5.1 and 2.5.3; and
  3. Give third reading to Development Procedures Bylaw No. 3924, 2024, as amended.

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

RCMP Quarterly Report and Year End Report

Purpose: Acting Officer in Charge Ken Beard, from North Cowichan/Duncan RCMP to present to Council:

1. North Cowichan/Duncan RCMP’s quarterly report (January – March 2024)
2. North Cowichan/Duncan RCMP’s year-end report
3. Annual Performance Plan (APP)

• Recommendation:

  THAT Council endorse the 2024-2025 North Cowichan/Duncan RCMP Annual Performance Plan as presented.

8.2

North Cowichan Fire Department Quarterly Report

Purpose: Ron French, Fire Chief, to present the Quarterly Report (January – March 2024) from the North Cowichan Fire Department. 

8.3

Vipassana Association 2024 Grant-in-Aid

Purpose: To consider a 2024 grant-in-aid for the Vancouver Island Vipassana Association.

• Recommendation:

  THAT Council approves a 2024 grant-in-aid to the Vancouver Island Vipassana Association to a maximum amount of $4,440.

8.4

Bill 44 Zoning - Update and Timeline

Purpose: To provide a summary of Zoning Bylaw changes designed to achieve compliance with the provincial amendments to the Local Government Act (LGA) regarding “Small Scale Multi Units Housing” (SSMUsH), and for Council to endorse the proposed approach.

• Recommendation:

  THAT Council direct staff to bring forward Zoning Amendment Bylaw 3964, 2024 for initial readings, including provisions that:

  1. Permit accessory dwelling units in addition to a single-family dwelling within the Urban Containment Boundary wherever a zone allows for three or four units per lot;
  2. Amend the definition of “single-family dwelling” to include manufactured homes on a permanent foundation; and,
  3. Remove the floor area limit for secondary suites.

8.5

Agricultural Land Commission Non-Adhering Residential Use for 5753 Menzies Rd

Purpose: To consider an Agricultural Land Commission (ALC) Non-Adhering Residential Use (NARU) application for 5753 Menzies Road to enable the construction of a secondary dwelling to replace the current secondary dwelling.

• Recommendation:

  THAT Council authorize the Agricultural Land Commission application ID: 67780 (ALR00061) regarding 5753 Menzies Road to be sent to the Agricultural Land Commission for its decision whether to allow the construction of a new secondary dwelling to replace the current secondary dwelling on the property, with a recommendation that the application be approved.

8.6

Development Variance Permit Application for 3070 Henry Road

Purpose: To consider a development variance permit (DVP) application to relax the minimum side yard setback from 3.0 metres to 0.91 metres and reduce a two-metre section of the required landscape area width from 1.1 metres to 0.6 metres for a proposed office addition at 3070 Henry Road.

• Recommendation:

  THAT Council authorize the issuance of Development Variance Permit DVP00104 and grant variances to the following sections of Zoning Bylaw, 1997, No. 2950, to facilitate the construction of the proposed office addition at 3070 Henry Road:

  1. Section 69 (5)(a) by reducing the minimum side yard setback from 3.0 to 0.91 metres; and,
  2. Section 39 (2) by relaxing a two-metre section of the required landscaped area width from 1.1 metres to 0.6 metres.

      

8.7

Development Permit with Variance application for 3096 Gibbins Road

Purpose: To consider development permit application DP000339, which seeks variances to the permitted height and minimum off-street parking requirements of the Zoning Bylaw, to facilitate a 100-unit mixed-use building at 3096 (lot 4) Gibbins Road.

• Recommendation:

  THAT Council:

  1. Grant the variance to Section 21(1) of Zoning Bylaw 1997, No. 2950 to reduce the minimum number of residential off-street parking spaces from 150 to 108 and to Section 69(6) of Zoning Bylaw 1997, No. 2950 to increase the maximum permitted building height from 12 metres to 15.5 metres; and
  2. Issue the development permit with variance DP000339 to Gibbins Road Holdings Inc. for a 100-unit mixed use building at 3096 Gibbins Road (PID: 006-410-723).

8.8

Manager, Asset Management

Purpose: To obtain approval for the creation of a two-year Manager, Asset Management position.

• Recommendation:

  That Council approve a two-year temporary position of Manager, Asset Management (or similar title) to be funded from the Canada Community Building Fund annual allocation.

8.9

Fire Engine Contract Award

Purpose: To consider awarding the contract to Safetek Emergency Vehicles Limited for the purchase of a stock Fire Engine.

• Recommendation:

  THAT Council award the contract to Safetek Emergency Vehicles Limited in the amount of $1,387,639 plus applicable taxes for the purchase of a Fire Engine.

8.10

Long-Term Borrowing for Integrated RCMP Facility

Purpose: To obtain a security issuing resolution that will enable long-term borrowing for the North Cowichan/Duncan Integrated RCMP Facility through the Cowichan Valley Regional District (CVRD).

• Recommendation:

  THAT Council approve borrowing from the Municipal Finance Authority of British Columbia, as part of the 2024 Fall Borrowing Session, $10,000,000 as authorized through North Cowichan/Duncan Integrated RCMP Facility Loan Authorization Bylaw No. 3787, 2020, and that the Cowichan Valley Regional District be requested to consent to our borrowing over a 20-year term and include the borrowing in a Security Issuing Bylaw.

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.

11.1

Establishment of a Public Variance Approval System

Purpose: For Councillor Caljouw to move the motion that was introduced at the May 1, 2024, regular Council meeting.

“THAT during the Development Approval Process Service Review, staff be directed to look at ways to streamline the Development Variance Permit application approval process by delegating minor variances to staff.”

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.