Municipality of North Cowichan
Regular Council
REVISED AGENDA

Wednesday, February 05, 2025 at 3:00 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 528 7949, 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]

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.

• Recommendation:

  THAT Council close the meeting to the public at [time] p.m. based on the following section(s) of the Community Charter:

  • 90(1)(c) labour relations or other employee relations.
  • 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)(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
  • 90(1)(k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public.
    
    

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)(i) Legal Advice

2.3.2

Closed under section 90(1)(c) Labour, 90(1)(i) Legal Advice, and 90(1)(k) Municpal Service at preliminary stage

2.3.3

Closed under section 90(1)(e) Land Disposition

2.3.4

Closed under section 90(1)(e) Land Acquisition

2.3.5

Closed under section 90(1)(e) Land Disposition

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 regular and public hearing meetings held January 15, 2025.

4.1.2

Agricultural Advisory Committee Terms of Reference

Purpose: To amend the Agricultural Advisory Committee’s Terms of Reference to increase membership to include one member from Vancouver Island University.

• Recommendation:

  THAT Council amends the Agricultural Advisory Committee Terms of Reference membership by:

  1. deleting and replacing the first paragraph under the ‘Membership’ heading with the following:
     • “The Committee shall consist of ten (10) voting members including the Council member appointed as the Committee Chair.”
  2. adding the following subsection to the second paragraph under the ‘Membership’ heading:
     • “(c) One member from the Vancouver Island University, Agricultural Program.”

4.1.3

January 16, 2025 Joint Utilities Board Recommendations for Endorsement

Purpose: To receive the draft minutes from the January 16, 2025 Joint Utilities Board meeting and endorse the recommendation.

• Recommendation 1:

  THAT Council receive for information the minutes from the January 16, 2025 Joint Utilities Board meeting.

• Recommendation 2:

  THAT Council, in relation to the Joint Utilities Board Sewage Treatment Plant Outfall Project, directs staff to:

  1. complete the design and approvals acquisition for the effluent pump station, terrestrial pipe, and marine pipe;
  2. put construction on hold unless additional funding is obtained such that the project is funded to at least 2/3 Federal and Provincial funding;
  3. advise the public through the public consultation process (inform level) that the Joint Utilities Board will be seeking additional funding to at least 2/3 federal and provincial funding resulting in a cost to users of $31.7M ($1,830/ERU; approximately $129/ERU/yr over 20 yrs); and
  4. continue to seek additional funding.

4.1.4

Chemainus Festival of Murals Society

Purpose: To authorize the Mayor to provide a letter of support to the Chemainus Festival of Murals Society. 

• Recommendation:

  THAT Council authorize the Mayor to write a letter in support of the Chemainus Festival of Murals Society’s application for a Community Gaming Grant for 2025, which contributes to the Society’s ability to maintain and update existing murals and sculptures and to create new attractions for residents and visitors to Chemainus.

4.1.5

Panache Cycling Sports, Bid for Canadian National Cycling Event for Cowichan Valley

Purpose: To authorize the Mayor to provide a letter of support to the Panache Cycling Sports.

• Recommendation:

  THAT Council authorize the Mayor to write a letter in support of Panache Cycling Sports’ bid to host the Canadian National Gravel Cycling Championships in the Cowichan Valley for the years of 2026/27.

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

Q4 List of Supplier Payments (October 1 – December 31, 2025)

Purpose: To provide a listing of payments to suppliers totalling over $10,000 in the fourth quarter of 2024.

• Recommendation:

  THAT Council receive the 4th Quarter Payment Listing (October – December 2024) report dated February 5, 2025, from the Director, Financial Services for information.

4.2.2

Garry Begg, Minister of Public Safety and Solicitor General re- Community Policing

Purpose: To receive the January 20, 2025 letter from Garry Begg, Minister of Public Safety and Solicitor General written in response to Mayor Douglas’ letter requesting expanding the roles and responsibilities of our community policing volunteers.

• Recommendation:

  THAT Council receive the January 20, 2025 letter from Garry Begg, Minister of Public Safety and Solicitor General.

4.2.3

Ravi Kahlon, Minister of Housing and Municipal Affairs re- Zoning Bylaw Amendments

Purpose: To receive the January 10, 2025 letter from Ravi Kahlon, Minister of Housing and Municipal Affairs regarding the legal requirement in Bill 44 to consider the applicable guidelines, if any, under section 582 when developing a zoning bylaw.

• Recommendation:

  THAT Council receive the January 10, 2025 letter from Ravi Kahlon, Minister of Housing and Municipal Affairs.

4.2.4

Canadian Union of Postal Workers re- Industrial Inquiry Commission Reviewing Canada Post

Purpose: To receive the January 16, 2025 letter from Jan Simpson, National President, of the Canadian Union of Postal Workers (CUPW) regarding the Industrial Inquiry Commission review of Canada Post.

• Recommendation:

  THAT Council receive the January 16, 2025 letter from Jan Simpson, National President, of the Canadian Union of Postal Workers (CUPW).

4.2.5

Cowichan Music Festival requesting a donation to their scholarship program

Purpose: To receive the October 28, 2024 letter from Delores Wagg, Corresponding Secretary, on behalf of the Cowichan Music Festival Committee, requesting a donation towards their scholarship program. 

• Recommendation:

  no resolution

4.2.6

Chemainus Valley Historical Society re- the project initiated by the Japanese Canadian Legacies Society and the Festival of Murals Society

Purpose: To receive the November 19, 2024 letter from Ron Waller, President, Chemainus Valley Historical Society regarding the project initiated by the Japanese Canadian Legacies Society and the Festival of Murals Society. 

• Recommendation:

  THAT Council receive the November 19, 2024 letter from Ron Waller, President, Chemainus Valley Historical Society.

4.2.7

Crime Stoppers Central Vancouver Island re- 2024 Summary Report

Purpose: To receive the January 6, 2025 letter from Brian Cornborough, President, Central Vancouver Island Crime Stoppers regarding the 2024 Summary Report. 

• Recommendation:

  THAT Council receive the January 6, 2025 letter from Brian Cornborough, President, Central Vancouver Island Crime Stoppers.

4.2.8

Agricultural Advisory Committee January 21, 2025 Meeting Minutes

Purpose: To provide the Agricultural Advisory Committee (AgAC) minutes for receipt, along with associated commentary for Council’s consideration.

• Recommendation:

  THAT Council receives the minutes of the January 21, 2025 Agricultural Advisory Committee meeting, and the February 5, 2025 report from the Manager, Planning.

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

Members of the public shall be provided an opportunity to address Council regarding matters to be considered at the meeting during Public Input. 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

Presenters

In accordance with Council’s Delegations and Presenters Policy, a presenter [person or organization] is invited to appear before Council and is not subject to the 10-minute speaking limit.

8.1.1

Tourism Cowichan

Purpose: Kenzie Knight, Tourism Development Specialist with Tourism Cowichan to present their annual year in review.

8.1.2

North Cowichan Fire Department Quarterly Report

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

8.2

Delegations

In accordance with Council’s Delegations and Presenters Policy, delegations must submit their request at least seven (7) business days before the meeting they wish to appear before Council to make a presentation, request for action, provide an update on projects, or discuss issues not currently under consideration through an active input process.  Items must be of municipal interest or concern, and delegations are limited to 10 minutes to address Council.

8.2.1

Annual North Cowichan Service Agreement report from Somenos Marsh

Purpose: Paul Fletcher, Executive Director, Somenos Marsh Wildlife Society to present an overview of the Somenos Marsh Wildlife Society’s service agreement with North Cowichan.

9.

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.

9.1

Mountain View Cemetery Plot Fee Reduction Request

Purpose: In accordance with section 131 of the Community Charter, the Mayor may require the council to reconsider and vote again on a matter that was the subject of a vote.  The following resolution was passed at the January 15, 2025 Regular Council meeting; debate resumes on the original motion as if the vote had never occurred: 

IT WAS MOVED AND SECONDED: 
THAT Council denies Allan Waddy’s request to receive the resident cemetery rate for the purchase of two plots in the Veteran’s section of the Mountain View Cemetery.  

• Recommendation:

  THAT Council direct staff to amend the Fees and Charges Bylaw 3784 to include the following provision:

  1. Resident rates apply to eligible veterans that have previously lived and/or paid property taxes in North Cowichan.

10.

STATUTORY HEARING MATTER

This section includes matters where a person has a statutory right to be heard under provincial legislation.

10.1

Statutory Right to be Heard

10.1.1

Explanation of the hearing process

The Mayor will provide an explanation of the Statutory Hearing process, noting that where a person has a statutory right to be heard, that person shall be provided such an opportunity during the Statutory Hearing.

10.1.2

Road Closure and Removal of Highway Dedication Bylaw No. 3991, 2025

The order of business for this statutory hearing shall be conducted as follows:

1. Introductory presentation provided by staff
2. Applicant provides details of their application
3. Summary by the Corporate Officer of correspondence received
4. Comments from persons affected by the bylaw
5. Response by staff and the applicant to new information or factual matters raised

Purpose: To consider third reading of Road Closure and Removal of Highway Dedication Bylaw No. 3991, 2025, which received first two readings January 15, 2025. If third reading passes, this bylaw will be sent to the Minister of Transportation for approval, and then back for final reading.

Consideration of third reading of Road Closure and Removal of Highway Dedication Bylaw No 3991, 2025

• Recommendation:

  THAT Council give third reading to Road Closure and Removal of Highway Dedication Bylaw No 3991, 2025.

11.

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.

11.1

Zoning Amendment Bylaw No. 3990, 2025 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3990, 2024, which received first 2 readings December 18, 2024 and third reading following the public hearing on January 15, 2025, and received Ministry of Transportation approval on January 22, 2025. If adopted, this bylaw will update a limited exemption to the natural environment development permit area (DPA 3) to include 3- and 4-unit buildings and update the density in C2 and C3 zones.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw No. 3990, 2025.

11.2

Fees and Charges Bylaw Amendment Bylaw No. 3993 for adoption

Purpose: To consider adopting Fees and Charges Bylaw Amendment Bylaw No. 3993, 2025, which received first three readings January 15, 2025. If adopted this bylaw will establish fees for processing applications to exclude land from the Agricultural Land Reserve.

• Recommendation:

  THAT Council adopt Fees and Charges Bylaw Amendment Bylaw No. 3993, 2025.

11.3

Development Procedures Bylaw Amendment Bylaw No. 3994 for adoption

Purpose: To consider adopting Development Procedures Bylaw Amendment Bylaw No. 3994, 2025, which received first three readings January 15, 2025. If adopted this bylaw will amend the definition of “application” to encompass those applications that culminate in a Council resolution (as opposed to a bylaw adoption or permit approval).

• Recommendation:

  THAT Council adopt Development Procedures Bylaw Amendment Bylaw No. 3994, 2025.

11.4

Zoning Amendment Bylaw No. 3992, 2025, for first three readings

Purpose: To introduce Zoning Amendment Bylaw No. 3992, 2025, which proposes to amend Section 58.1 (4) of Zoning Bylaw, 1997, No. 2950 to permit a detached accessory dwelling unit within an existing accessory building and a maximum of three dwelling units at 10117 Chemainus Road.

• Recommendation:

  THAT Council:

  1. Gives first, second, and third readings to Zoning Amendment Bylaw No. 3992, 2025; and,
  2. Require the registration of a section 219 covenant to restrict 10117 Chemainus Road from future subdivision or stratification prior to Council’s consideration of adoption of Zoning Amendment Bylaw No. 3992, 2025.

11.5

Delegation of Authority Bylaw Amendment Bylaw No. 3975, Fees and Charges Bylaw Amendment Bylaw No. 3981, and Development Procedures Bylaw Amendment Bylaw No. 3983 for first three readings

Purpose: To introduce the following proposed draft bylaws:

1. Delegation of Authority Bylaw Amendment Bylaw No. 3975 [Attachment 1], which proposes delegating authority for minor development variance permits (MDVP) to a Council delegate;
2. Fees and Charges Bylaw Amendment Bylaw No. 3981 [Attachment 2], which proposes to establish fees for MDVPs; and,
3. Development Procedures Bylaw Amendment Bylaw No. 3983 [Attachment 3], which proposes adding MDVP to the scope and definitions.

• Recommendation:

  THAT Council gives first, second and third readings to:

  1. Delegation of Authority Bylaw Amendment Bylaw No. 3975,
  2. Fees and Charges Bylaw Amendment Bylaw No. 3981, and
  3. Development Procedures Bylaw Amendment Bylaw No. 3983.

12.

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.

12.1

2025 – 2029 Utility Rate Budget

Purpose: To provide Council with background information on 2025 utility rates for water, sanitary sewer, garbage, and recycling and to seek Council direction to incorporate the proposed rates into the 2025-2029 financial plan. The Director, Financial Services, Teri Vetter, will be providing a presentation.

• Recommendation:

  THAT Council direct staff to prepare the Five-Year Financial Plan Bylaw and a Fees and Charges Amendment Bylaw to:

  1. Increase garbage and recycling fee for 2025 from $153 to $157; and,
  2. Prepare the Five-Year Financial Plan Bylaw as presented in the 2025 – 2028 Utility Rate Budget report dated February 5, 2025, by the Director, Financial Services.

      

12.2

2024-15 Water and Wastewater Treatment Chemicals

Purpose: To authorize the execution of a three-year agreement for the purchase and supply of water and wastewater treatment chemicals.

• Recommendation:

  THAT Council direct staff to award the three-year contract, in the amount of $748,380.35, for the supply and delivery of the water and wastewater treatment chemicals to the low compliant bidder, ClearTech Industries Inc.

12.3

Q4 Council Strategic Plan Update October 1 – December 31, 2024

Purpose: To provide a quarterly status update on projects identified within the Council Strategic Plan for the period from October 1, 2024 – December 31, 2024, in accordance with the Council Strategic Plan Administration Policy.

• Recommendation:

  THAT Council receive for information the Council Strategic Plan 4th Quarter Update (October 1, 2024, to December 31, 2024).

13.

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.

14.

QUESTION PERIOD

Members of the public shall be provided an opportunity to ask questions of Council regarding matters discussed at the meeting and shall be allotted up to 30 seconds each to ask their question. Question Period is limited to 15 minutes.

15.

ADJOURNMENT

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