Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, February 07, 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 2770 690 0981, 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 January 17, 2024, and their Joint Special meeting held January 23, 2024.

2.1.2

Environmental Advisory Committee Recommendations

Purpose: To receive the draft minutes from the January 25, 2024, Environmental Advisory Committee meeting and to endorse the Committee’s recommendations regarding (items referred to the Committee by Council for review) the Master Transportation Plan and the Climate Change Risk and Vulnerability Assessment Project update.

• Recommendation #1:

  THAT Council direct staff to consider the following in preparation of the draft Master Transportation Plan:

  1. Consider wording that speaks to the flexibility in uses and expansions of rights of way; considering alternative options in cross sections and methods of acquisition.
  2. Add statement articulating the plan horizon and the frequency for when the plan should be updated.
  3. To continue to support the implementation of active transportation solutions that consider safety and accessibility issues, including separation from vehicles and path users, eco-friendly firm surface pathways, electric charging for other non-vehicle users, public end of trip facilities for cyclists.
  4. Increase commentary and add to maps the potential future use of the E&N railway corridor as a transportation corridor.
  5. Consider addition of a scenic local cross-section to acknowledge road segments that do not fit into the arterials/collector categories.
  6. For multi-use pathway segments, to provide consideration of pathways on both side of the roads.
• Recommendation #2:

  THAT Council direct staff to consider the following input in relation to the Climate Change Risk and Vulnerability Assessment Summary Report:

  1. The largest risks are when several climate hazards overlap. Develop actions that articulate probable scenarios for adaptation for resource allocation and continue to work with the lead agency, Emergency Management Cowichan, on disaster response.
  2. Assess risk of fuel and power availability from utilities and the impact on community and business continuity. Include commentary on synergies and collaborative actions to understand risk and adaptation areas.
  3. Articulate the gap that risks and vulnerabilities of community sectors (e.g., agriculture) were not included in taking a municipal services approach.
  4. Provide clarification on the scope and applicability of North Cowichan’s Risk and Vulnerability Assessment and how climate hazards were considered through each risk category.
  5. Watershed stewardship, development needs, understanding of aquifer performance and monitoring of water (drinking and greywater) needs to be a continued area of focus.
  6. Consider how changing species from climate impacts is articulated.
  7. Include commentary on drought, coastal slides and slumping hazards.

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

Regional District of Nanaimo re Request for a Letter of Support

Purpose: To receive for information the January 19, 2024 letter from Vanessa Craig, Chair, Regional District of Nanaimo, requesting that Council provide a letter of support for their initiative to urge the UBCM to form a working group focused on reforming the Local Government Act.

• Recommendation:

  THAT Council receive for information the January 19, 2024, letter from the Regional District of Nanaimo. 

2.2.2

Cowichan District Hospital Foundation re Safety Concerns in the Cowichan Valley

Purpose: To receive for information the January 23, 2024, letter from David Robertson, Board Chair, Cowichan District Hospital Foundation, requesting that action be taken to address their safety concerns arising from unhoused individuals and substance use in the Cowichan Valley.

• Recommendation:

  THAT Council receive for information the January 23, 2024, letter from the Cowichan District Hospital Foundation.

2.2.3

Girl Guides re Guiding Lights Invitation

Purpose: To receive for information the letter from Girl Guides, BC Council, requesting that North Cowichan light up outdoor landmarks, bridges, buildings, stadiums, and other illuminated locations, with blue lights, in celebration of ‘World Thinking Day’ on February 22, 2024.

• Recommendation:

  THAT Council receive for information the letter from Girl Guides, BC Council. 

2.2.4

Kate Marsh re Request to Waive Winter Water Fees

Purpose: To receive for information the January 16, 2024, email from Kate Marsh, requesting that Council universally waive extra charges on water this winter.

• Recommendation:

  THAT Council receive for information the January 16, 2024, email from Kate Marsh.

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

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.

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

Highway Use Amendment Bylaw No. 3936 for adoption

Purpose: To consider adoption of Highway Use Bylaw No. 3936, 2024, which enables bylaw enforcement officers to manage the use of municipal sidewalks.

• Recommendation:

  THAT Council adopt Highway Use Amendment Bylaw No. 3936, 2024.

7.2

Delegation of Authority Amendment Bylaw No. 3943 for adoption

Purpose: To consider adoption of Delegation of Authority Bylaw No. 3943, 2024, which delegates Council’s authority to appoint the Poundkeeper and Animal Control Officers to the director responsible for bylaw services.

• Recommendation:

  THAT Council adopt Delegation of Authority Amendment Bylaw No. 3943, 2024.

7.3

Bylaw Enforcement Officer Bylaw No. 3948 for adoption

Purpose: To consider adoption of Bylaw Enforcement Officer Bylaw No. 3948, 2024, which will establish a bylaw enforcement officer position and assign the powers, duties and functions of the position, to replace North Cowichan’s current practice of appointing bylaw enforcement officers under section 36 of the Police Act. 

• Recommendation:

  THAT Council adopt Bylaw Enforcement Officer Bylaw No. 3948, 2024.

7.4

Business Licence Amendment Bylaw No. 3949 for adoption

Purpose: To consider adoption of Business Licence Amendment Bylaw No. 3949, 2024, which will amend Business Licence Bylaw No. 3153 by replacing Business Licence Officer with Business Licence Inspector throughout the bylaw and will remove the “or Council” in section 7.1 as Council has delegated the authority to grant a licence and impose terms and conditions to the Manager of Bylaw and Business Licensing Services.

• Recommendation:

  THAT Council adopt Business Licence Amendment Bylaw No. 3949, 2024.

7.5

Delegation of Authority Amendment Bylaw No. 3950 for adoption

Purpose: To consider adoption of Delegation of Authority Amendment Bylaw No. 3950, 2024, which will amend Delegation of Authority Bylaw No. 3814 by removing the reference to section 36 of the Police Act for appointing bylaw enforcement officers.

• Recommendation:

  THAT Council adopt Delegation of Authority Amendment Bylaw No. 3950, 2024.

7.6

Municipal Fine Amendment Bylaw No. 3951 for adoption

Purpose: To consider adoption of Municipal Fine Amendment Bylaw No. 3951, 2024, which will establish fine amounts in Bylaw Offence Notice Enforcement Bylaw No. 3677 and Municipal Ticket Information System Bylaw No. 3464 for obstructing bylaw enforcement officers under the new Bylaw Enforcement Officer Bylaw.

• Recommendation:

  THAT Council adopt Municipal Fine Amendment Bylaw No. 3951, 2024.

7.7

South End Waterworks District Amendment Bylaw No, 3952 for adoption

Purpose: To consider adoption of South End Waterworks District Amendment Bylaw No. 3952, 2024, which will formally connect two lots along North Road [Lot 1, Section 5, Range 2, Somenos District, Plan VIP 63560 and Strata Lot 2, EPS 4528] to the South End Water Local Area Service.

• Recommendation:

  THAT Council adopt South End Waterworks District Amendment Bylaw No. 3952, 2024.

7.8

2024 – 2028 Financial Plan Bylaw No. 3953 for adoption

Purpose: To consider adoption of Financial Plan Bylaw No. 3953, 2024, which sets out the Municipality’s objectives and policies for the period of 2024 – 2028.

• Recommendation:

  THAT Council adopt 2024 – 2028 Financial Plan Bylaw No. 3953, 2024.

7.9

Development Variance Permit Application DVP00099 and Zoning Amendment Bylaws No. 3957 and 3958 for first three readings

Purpose: To introduce two amendments to Zoning Bylaw 1997, No. 2950, which propose to update:

1. the off-street loading space requirements (Attachment 10 – Bylaw No. 3957)
2. on-site location for garbage container regulations (Attachment 11 – Bylaw No. 3958), and

to consider a development variance permit (DVP) application for an exemption to the off-street loading and an on-site location for garbage container requirements for five townhouse lots on Seablush Crescent and Woodrush Drive (‘the Lands’).

• Recommendation:

  THAT Council:

  1. Approve Development Variance Permit Application DVP00099 and grant an exemption to the off-street loading and on-site location for garbage container requirements prescribed in Sections 25-29 of Zoning Bylaw 1997, No. 2950 for the five townhouse lots on Seablush Crescent and Woodrush Drive, as illustrated in Attachment 1, appended to the February 7, 2024, report from the Development Planner;

  2. Give first second and third reading to Off-Street Parking Regulation [Zoning] Amendment Bylaw No. 3957, 2024; and,

  3. Support that a public hearing for Zoning Bylaw Amendment No. 3958, 2024, not be held, as per Section 464(2) of the Local Government Act.

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

North Cowichan Fire Department - 2023 Annual Report

Purpose: Ron French, Acting Fire Chief, to present the 2023 Annual Report from the North Cowichan Fire Department. 

8.2

Q4 Council Strategic Plan Update (October 1 - December 31, 2023)

Purpose: To provide a quarterly status update on projects identified within the Council Strategic Plan for the period from October 1 - December 31, 2023, in accordance with the Council Strategic Plan Administration Policy.

8.3

Crofton Harbour Facility Head Lease

Purpose: To consider entering into a new lease with the Federal Government to operate the Crofton Harbour facility.

• Recommendation:

  THAT Council authorize the Chief Administrative Officer to enter into a lease agreement with Small Craft Harbours for the operation of the Crofton Harbour facility for a five-year term ending September 30, 2025.

8.4

Community Emergency Preparedness Fund Grant Application

Purpose: To seek Council endorsement of an application to be submitted by the Cowichan Valley Regional District (CVRD) for a Union of BC Municipalities Community Emergency Preparedness Fund (CEPF) grant to enhance Emergency Operations Centre (EOC) capacity through training and exercises.

• Recommendation:

  THAT Council support an application by the Cowichan Valley Regional District to receive and manage the Union of BC Municipalities Community Emergency Preparedness Fund - Emergency Operations Centre (EOC) 2024 grant, funding up to $150,000, on behalf of the Municipality of North Cowichan to enhance EOC capacity through training and exercises.

8.5

Development Approvals Program Grant Application Approval

Purpose: To obtain Council support to submit a grant application for a service review to the Local Government Development Approvals Program administered by the Union of BC Municipalities (UBCM).

• Recommendation:

  THAT Council:

  1. Support an application to the Development Approvals Program for a grant of $100,000 for the completion of a development application service review; and,
  2. Support providing overall grant management for the project.

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.

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.