Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, May 03, 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 2771 048 5067, 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.

(Note: the error under item 8.3 [Council Standards of Conduct Policy Review] was corrected and split into two separate resolutions.)

• Recommendation:

  THAT Council adopt the minutes of their special and regular meetings held April 19, 2023 as amended.

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

Edgar Dearden Re: Fossil Gas

Purpose: To receive the April 24, 2023, email from Edgar Dearden requesting that Council direct staff to change ‘natural gas’ with ‘fossil gas’ in all public documents.

• Recommendation:

  THAT Council receive for information the April 24, 2023 email from Edgar Dearden.

2.2.2

Martin and Judy MacDonald: Noise from Rooster

Purpose: To receive the April 12, 2023, email from Martin and Judy MacDonald requesting that Council amend the Noise Bylaw to address the noise impact from roosters to neighbouring properties.

• Recommendation:

  THAT Council receive for information the April 12, 2023 email from Martin and Judy MacDonald.

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

Public Notice Bylaw No. 3906 for adoption

Purpose: To consider adoption of Public Notice Bylaw No. 3906, 2023 which received first three readings April 19, 2023. If adopted this bylaw will establish alternative methods for publishing statutory notices.

• Recommendation:

  THAT Council adopt Public Notice Bylaw No. 3906, 2023.

7.2

2023 Tax Rates Bylaw No 3907 for adoption

Purpose: To consider adoption of Tax Rates Bylaw No. 3907, 2023 which received first three readings April 19, 2023. If adopted this bylaw will establish the tax rates per property class for 2023.

• Recommendation:

  THAT Council adopt Tax Rates Bylaw No. 3907, 2023.

7.3

Zoning Amendment Bylaw No. 3908, 2023, for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3908, 2023, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit (ADU) at 3543 Auchinachie Road.

• Recommendation:

  THAT Council:

  1. Give first and second readings to Zoning Amendment Bylaw No. 3908, 2023; and,
  2. Authorize a Public Hearing for Zoning Amendment Bylaw No. 3908, 2023 and notification in accordance with the Local Government Act.

7.4

Zoning Amendment Bylaw No. 3909, 2023, for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3909, 2023, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit (ADU) at 7245 Bell McKinnon Road.

• Recommendation:

  THAT Council:

  1. Give first and second readings to Zoning Amendment Bylaw No. 3909, 2023;
  2. Authorize a Public Hearing for Zoning Amendment Bylaw No. 3909, 2023 and notification in accordance with the Local Government Act; and,
  3. Amend subsection 3(a) of Second Dwelling Rural Lands Policy by striking out “92 m2 (990.28 ft2) or less” and inserting “90 m2 (968.75 ft2) or less of gross floor area” in its place.

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

1st Quarter Report for RCMP Activities

Purpose: Inspector Chris Bear, North Cowichan/Duncan RCMP, to present to Council:

1. North Cowichan/Duncan RCMP’s quarterly report for January to March 2023; and
2. Downtown Duncan Corridor and Area for January to March 2023.

8.2

2022 Audited Financial Statements

Purpose: To present the 2022 Financial Statements of the Municipality of North Cowichan and the Joint Utilities Board. A presentation by the auditors from KPMG will be provided at the meeting.

• Recommendation:

  THAT Council accept the 2022 Audited Financial Statements of the Municipality of North Cowichan and the Duncan-North Cowichan Joint Utilities Board.

8.3

The Tee Box Liquor Primary Licence Application

Purpose: To consider whether Council wishes to provide comments and a recommendation to the Liquor and Cannabis Regulation Branch (LCRB) regarding the Tee Box’s liquor primary licence application.

• Recommendation:

  THAT Council opt-out of the local government comment process for a liquor primary licence for the Tee Box located at 5869 York Road.

8.4

Development Variance Permit Application No. DVP00073 for 6159 Lakes Road

Purpose: To consider a development variance permit application to decrease the minimum building front and side yard setbacks for the ‘Italian Kitchen and Deli’ located at 6159 Lakes Road, including a partially constructed cold storage addition.

• Recommendation:

  THAT Council authorize the issuance of Development Variance Permit DVP00073 and grant a variance to section 53(6)(b) of Zoning Bylaw No. 2950, 1997, by reducing the front yard setback from 25 metres to 8.7 metres and the side yard setback from 15 metres to 14.3 metres for an existing building and proposed addition at 6159 Lakes Road, as outlined in bold in Attachment 4 appended to the May 3, 2023 report from the Development Planner.

8.5

Temporary Mobile Home Permit Application for 5421 Winchester Road

Purpose: To consider an application for a Temporary Mobile Home Permit for 5421 Winchester Road to provide accommodation for a child.

• Recommendation:

  THAT Council:

  1. Authorize issuance of a Temporary Mobile Home Permit to Doug and Lindsey Scott for a temporary mobile home at 5421 Winchester Road for a term of one year, expiring May 3, 2024; and,
  2. Relax the mobile home siting requirement under section 10 (f) of Temporary Mobile Home Permit Bylaw No. 1685 to permit the mobile home to be sited as shown in Attachment 5 of the Development Planning Coordinator’s May 3, 2023 report.

8.6

Purchase of 4 Automated Garbage Trucks

Purpose: To authorize the purchase of 4 automated garbage trucks.

• Recommendation:

  THAT Council authorize the purchase of three Freightliner M2-106 automated garbage trucks for $1,577,204 and one Mack LR electric automated garbage truck for $1,043,731 from Rollins Manufacturing Ltd.

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.

9.1

Ecological Impact of Mountain Biking

Purpose: So that Councillor Justice may introduce the following motion which Council will consider at the May 17, 2023, regular Council meeting:

"WHEREAS Council recognizes the Parks and Trails Master Plan goal of enhancing outdoor recreation and tourism in balance with conservation, as well as the growing reality of increasing use of the trail system, especially for mountain biking; 

AND WHEREAS Council further recognizes the recent forestry public engagement which demonstrated widespread community interest in conservation, biodiversity and ecological services;

THEREFORE, Council directs staff, as an add-on to the biodiversity policy work, to:

1. Assess, through literature review, the risks and impact of various types of trails and trail use, including but not limited to hiking, cross-country and downhill biking, equestrian, off leash dog walking, on wildlife, soils, ecology, vegetation and water;
2. Suggest ways to mitigate real or potential risks to existing trails, where necessary; and,
3. Identify areas where sanctioned trails should be avoided, either for certain trail uses or altogether."

(Note: Correction was made to the subject heading and a typo under the first whereas clause was corrected for this item)

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.