Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, March 15, 2023 at 4:00 P.m. - 5:00 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 2773 847 4061, and then enter the meeting password 1111.

---

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.

CLOSED SESSION [4:00 - 5:00 PM]

Any matters that must or may be closed to the public in accordance with section 90 of the Community Charter shall appear here. A resolution of Council must be passed during the open portion which states that the remainder of the meeting is to be closed, including the basis under the applicable subsection.

2.1

Resolution to close the meeting to the public

• Recommendation:

  THAT Council close the meeting at       p.m. to the public on the basis of the following section of the Community Charter:

  • 90(1)(c) - labour relations or other employee relations,
  • 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, and,
  • 90(1)(m) - a matter that, under another enactment, is such that the public may be excluded from the meeting, that being section 18.1 of the Freedom of Information and Protection of Privacy Act (FIPPA).

2.2

Approval of in-camera meeting agenda

2.3

Adoption of in-camera meeting minutes

2.4

In-camera meeting items

2.4.1

Closed under section 90(1)(i) - Legal Advice and (g) potential litigation

2.4.2

Closed under section 90(1)(m) – Other Enactment, FIPPA [s. 18.1 Disclosure harmful to interests of an Indigenous people]

2.4.3

Closed under section 90(1)(c) – Labour Relations

2.5

Rise and Report

3.

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.

3.1

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. 

3.1.1

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 March 1 and 7, 2023 and their regular meeting held March 1, 2023.

3.1.2

Support for Regional Grant Application on behalf of Cowichan Housing Association

Purpose: To consider partnering with the Cowichan Housing Association, the City of Duncan and community partners on an application to the Poverty Reduction Planning and Action Stream 2 funding program administered by the Union of British Columbia Municipalities (UBCM).

• Recommendation:

  THAT Council support the City of Duncan as the primary applicant to apply for up to $100,000 under the Poverty Reduction Stream 2 Action Grant Program administered by Union of British Columbia Municipalities, and that Council authorize the City of Duncan to receive and manage the grant funding on the District of North Cowichan’s behalf.

3.1.3

Investment Policy Recommendation from the Committee of the Whole

Purpose: To endorse the March 7, 2023 Committee of the Whole's recommendation to insert socially responsible investing as an objective under section 3.1 of the Investment Policy.

(Note: Included with the draft minutes is a copy of the Investment Policy [Attachment 1] that includes the change recommended by the Committee of the Whole at their March 7, 2023 meeting)

• Recommendation

  THAT Council adopt the Investment Policy as appended to item 3.1.3 as Attachment 1.

3.2

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. 

3.2.1

Help Cities Lead and Climate Caucus Re: report back to supporting Councils

Purpose: To receive the March 7, 2023 letter from Will Cole-Hamilton, Chair of the Climate Caucus, reporting to Council, as a supporter of the Help Cities Lead campaign, on the status of their policy requests in relation to regulating GHG emissions for new and existing buildings, Property Assessed Clean Energy (PACE) financing, energy labelling, and benchmarking.

• Recommendation:

  THAT Council receive for information the March 7, 2023 letter from Help Cities Lead and Climate Caucus.

4.

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].

5.

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.

6.

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.

6.1

Broombusters Invasive Plant Society

Purpose: Joanne Sales on behalf of Broombusters Invasive Plant Society to provide Council with a presentation on issues with Scotch Broom and asking Council to support a resolution to AVICC from Qualicum Beach regarding Scotch Broom.

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.

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.

8.1

Zoning Amendment Bylaw (3005, 3011 Drinkwater Road & 6455 Ford Road from R1 to CD23), No. 3868 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw (3005, 3011 Drinkwater Road & 6455 Ford Road from R1 to CD23), No. 3868, which received third reading following the public hearing on September 21, 2022, received Ministry of Transportation and Infrastructure approval on October 11, 2022, and the section 219 covenant has now been registered on title. If adopted, this bylaw will permit high-density residential use at 3005, 3011 Drinkwater Road and 6455 Ford Road.

• Recommendation:

  THAT Council adopt Zoning Bylaw Amendment Bylaw No. 3868 (3005, 3011 Drinkwater Road & 6455 Ford Road from R1 to CD23), 2022.

8.2

Zoning Amendment Bylaw (Retaining Walls & Fences) Bylaw No. 3891 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw (Retaining Walls & Fences) Bylaw No. 3891, which received third reading as amended on February 21, 2023, received Ministry of Transportation and Infrastructure approval on March 7, 2023.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw No. 3891, 2022.

8.3

Building Amendment Bylaw (Retaining Walls) Bylaw No. 3892 for adoption

Purpose: To consider adoption of Building Amendment Bylaw (Retaining Walls) Bylaw No. 3892.

• Recommendation:

  THAT Council adopt Building Amendment Bylaw No. 3892, 2022.

8.4

Reserve Funds Establishment Amendment Bylaw No. 3897 for first three readings

Purpose: To introduce Reserve Funds Establishment Amendment Bylaw No. 3897, 2023.

• Recommendation:

  THAT Council give first, second and third reading to Reserve Funds Establishment Amendment Bylaw No. 3897, 2023.

8.5

Zoning Amendment Bylaw No. 3901 for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3901, which proposes to rezone 1681 Roberts Street and part of an adjacent lane (Crofton Fire Hall) from the Residential one and two-family zone (R3) to the Public Use (PU) zone.

• Recommendation:

  THAT Council:

  1. Give first and second readings to Zoning Amendment Bylaw No. 3901, 2023; and
  2. Schedule a public hearing for Zoning Amendment Bylaw No. 3901, 2023, at 7:00 p.m. on April 5, 2023, in Council Chambers.

8.6

Council Procedure Amendment Bylaw No. 3902 for first three readings

Purpose: To introduce an amendment to Council Procedure Bylaw No. 3602 that would remove the requirement for special meetings to be conducted electronically if the next regular meeting is an electronic meeting.

• Recommendation:

  THAT Council give first, second and third readings to Council Procedure Amendment Bylaw No. 3902, 2023.

9.

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.

9.1

Agricultural Land Commission Soil or Fill Use Application for 2441 Herd Road

Purpose: To consider an Agricultural Land Commission (ALC) Soil or Fill Use (SFU) application for soil fill or removal at 2441 Herd Road to enable the construction of a dwelling, accessory buildings, and associated works at the subject property to proceed.

• Recommendation:

  THAT Council advise the Agricultural Land Commission to proceed with their deliberation and decision on Soil or Fill Use application No. 66327 for 2441 Herd Road without comment or recommendations from the District of North Cowichan Council.

9.2

Development Variance Permit Application No. DVP00078 at 9061 Chemainus Road

Purpose: To consider an application to vary Section 56 (7) (b) of Zoning Bylaw No. 2950, 1997, to increase the maximum permitted accessory building height from 5.0 metres (16.4 ft) to 6.75 metres (22.1 ft) at 9061 Chemainus Road.

• Recommendation:

  THAT Council authorize the issuance of Development Variance Permit DVP00078 and grant the variance to section 56 (7) (b) of Zoning Bylaw No. 2950, 1997, to increase the maximum permitted accessory building height from 5.0 metres (16.4 ft) to 6.75 metres (22.1 ft) for an accessory structure at 9061 Chemainus Road.

9.3

Sports Wall of Fame Nomination Committee Structure Review

Purpose: To consider new terms of reference to re-establish the Sports Wall of Fame Nomination Committee.

• Recommendation:

  THAT Council approve the Terms of Reference for the Sports Wall of Fame Nomination Committee as presented and appended to the Director of Parks and Recreation’s March 15, 2023, report as Attachment 1.

9.4

Canada Avenue Flood Gate and Road Upgrade Project Construction Contract Award

Purpose: To award the construction contract for the Canada Avenue Flood Gate and Road Upgrade Project.

• Recommendation:

  THAT Council award the Canada Avenue Flood Gate and Road Upgrade Project to Stone Pacific Contracting Limited for the sum of $2,532,534.05.

9.5

Growing Communities Fund Options

Purpose: To provide recommendations for the allocation of the $7,686,000 Growing Communities Fund Grant announced by the Province on March 3, 2023.

• Recommendation:

  THAT Council:

  1. Authorize the one-time grant of $7,686,000, received under the Growing Communities Grant Fund, to be allocated as follows:
     1. $4,800,000 for the Crofton Fire Hall
     2. $1,984,000 for the capital costs of curbside automation
     3. $902,000 contribution to the Affordable Housing Reserve, and,
  2. Direct staff to amend:
     1. Financial Plan Bylaw No. 3896 to reflect the allocation of the $7,686,000 one-time grant and,
     2. Fees and Charges Bylaw No. 3784 to reduce the annual waste collection fee from $183 to $153 per household.

         

9.6

Temporary Noise Bylaw Exemption for New Hospital Concrete Pour

Purpose: To consider allowing the construction of the Cowichan District Hospital Replacement Project to proceed outside of regular working days or hours from time to time.

• Recommendation:

  THAT Council direct the CAO, or their delegate, to use their discretion when directing bylaw compliance officers to enforce noise infractions under Noise Bylaw No. 2857 as they pertain to the Cowichan District Hospital Replacement Project on Bell McKinnon Road in order to allow for construction to proceed outside of the regular construction hours when necessary until the project is completed.

10.

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.

11.

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.

11.1

Cowichan Community Policing Advisory Society

Purpose: To replace Councillor Findlay as Council’s (non-voting) representative on the Cowichan Community Policing Advisory Society. Deferred from March 1, 2023 regular Council meeting.

• Recommendation:

  THAT Council replace Councillor Findlay with ___________ as their representative on the Cowichan Community Policing Advisory Society as a non-voting member for the balance of the 2022-2026 Council term.

12.

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.

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.