Municipality of North Cowichan
Regular Council
REVISED AGENDA

Wednesday, January 15, 2025 at 3:00 P.m. - 4:00 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 745 3880, 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]

A resolution of Council must be passed during the open portion of the meeting stating the basis under the Community Charter in which the public shall be excluded.

• Recommendation:

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

  • 90(1)(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality.
  • 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.

  Any matters that must or may be closed to the public in accordance with section 90 of the Community Charter shall appear here.

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)(e) Land and 90 (1)(i) Legal Advice

2.3.2

Closed under section 90(1)(a) Appointments

2.3.3

Closed under section 90(1)(a) Appointments

2.3.4

Closed under section 90(1)(c) Labour

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 joint special meeting held December 13, 2024, the special and regular meetings held December 18, 2024.

4.1.2

January 7, 2025 Committee of the Whole Recommendations for Endorsement

Purpose: To receive the draft minutes from the January 7, 2025 Committee of the Whole meeting and to endorse the January 7, 2025 Committee of the Whole's Fleet Vehicle Electrification recommendations.

• Recommendation #1: Minutes

  THAT Council receive for information the minutes from the January 7, 2025 Committee of the Whole meeting.

• Recommendation #2: Fleet Vehicle Electrification Update

  THAT Council continue with the electrification of 12 light duty vehicles, a refuse truck and install charging infrastructure by:

  1. Allocating an additional $167,571 from the Local Government Climate Action Program funds and $52,903 from the Climate Action and Energy Plan Reserve;
  2. Authorize short-term borrowing for the shortfall estimated at $339,830 through the Municipal Finance Authority;
  3. Authorize the Incentive Agreement with BC Hydro for funding electrical infrastructure;
  4. Direct staff to apply for BC’s Go Electric Fleet Charging Program before the deadline; and,
  5. Put the infrastructure out for tender in early 2025.

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

Ministry of Public Safety and Solicitor General re- Next Generation 9-1-1

Purpose: To receive the December 16, 2024 letter sent to the Honourable Garry Begg, Minister of Public Safety and Solicitor General, from the 10 Southern Vancouver Island Municipalities (including North Cowichan) requesting a meeting regarding download of police dispatch costs to South Island Municipalities

• Recommendation:

  THAT Council receive the December 16, 2024 letter to the Honourable Garry Begg, Minister of Public Safety and Solicitor General.

4.2.2

BC Ferries re- Crofton Ferry Terminal Redevelopment Plan

Purpose: To receive the December 13, 2024 email from Nicolas Jimenez, BC Ferries President and CEO in response to Mayor Douglas’s letter outlining concerns with the proposed Crofton Ferry Terminal Redevelopment Plan.

• Recommendation:

  THAT Council receive the December 13, 2024 email from Nicolas Jimenez, BC Ferries President and CEO.

4.2.3

Ministry of Transportation and Transit re- BC Ferries and Crofton Ferry Terminal

Purpose: To receive the December 20, 2024 letter from Mike Farnworth, newly appointed Minister, of the Ministry of Transportation and Transit regarding the proposed Crofton Ferry Terminal Redevelopment Plan and the scheduling of a meeting with BC Ferries to discuss next steps.  

• Recommendation:

  THAT Council receive the December 20, 2024 letter from Mike Farnworth, newly appointed Minister, of the Ministry of Transportation and Transit. 

4.2.4

Ministry of Finance re- Speculation and Vacancy Tax (SVT) Sixth Annual Consultation

Purpose: To receive the December 16, 2024 letter from Brenda Bailey, Minister, of the Ministry of Finance regarding a formal invitation to participate in the sixth annual consultation on the Speculation and Vacancy Tax (SVT).

• Recommendation:

  THAT Council receive the December 16, 2024 letter from Brenda Bailey, Minister, of the Ministry of Finance. 

4.2.5

Cowichan Valley Regional District re- OCP for the Electoral Areas Bylaw 4373 Referral

Purpose: To receive the December 12, 2024 letter from the Cowichan Valley Regional District seeking comment from North Cowichan on their draft Official Community Plan for the Electoral Areas Bylaw 4373 (OCP).

• Recommendation:

  THAT Council receive the December 12, 2024 letter from the Cowichan Valley Regional District. 

4.2.6

Union of BC Municipalities (UBCM) re- Canada Community Building Fund BC: Second Community Works Fund Payment for 2024/2025

Purpose: To receive the December 16, 2024 letter from Councillor Trish Mandewo, UBCM President notifying that the second Community Works Fund (CWF) payment for fiscal 2024/2025 will be distributed in December.

• Recommendation:

  THAT Council receive the December 16, 2024 letter from Councillor Trish Mandewo, UBCM President. 

4.2.7

Government House British Columbia, Office of the Lieutenant Governor re- Wendy Cocchia’s appointment

Purpose: To receive the December 20, 2024 email with enclosure from Office of the Lieutenant Governor regarding Wendy Cocchia’s appointment as the next Lieutenant Governor of British Columbia. 

• Recommendation:

  THAT Council receive the December 20, 2024 email with enclosure from Office of the Lieutenant Governor.

4.2.8

Wounded Warriors Canada re- Wounded Warriors Events in BC 2025

Purpose: To receive the December 18, 2024 email with enclosures from Jacqueline Zweng, Director, Wounded Warriors Run BC advising of 2025 events in BC and inviting Mayor and Council to meet the team on Saturday, March 1, 2025, at the Chemainus Legion Br#191. 

• Recommendation:

  THAT Council receive the December 18, 2024 email with enclosures from Jacqueline Zweng, Director, Wounded Warriors Run BC.

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

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.

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

Audit Planning Report

Purpose: Daniel Healey and Cameron Rice-Gural from KPMG to present the planned scope and timing for the audit of the consolidated financial statements. 

• Recommendation:

  THAT Council approve the Audit Plan presented by KPMG for the consolidated financial statements of the District of North Cowichan and the Joint Utilities Board for the year ended December 31, 2024.

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: To provide Council with information about Mountain View Cemetery's resident and non-resident burial plot fees.

• Recommendation:

  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.

10.

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.

10.1

Proposed Road Closure adjacent to 6478 Paddle Road

Purpose: To seek approval to close a portion of Paddle Road and obtain authorization to enter into a Land Exchange Agreement with the owners of 6478, 6494, 6495, 6493, and 6489 Paddle Road to dedicate part of their property for a road in exchange for the road closure area.

• Recommendation:

  THAT Council:

  1. Authorize the road closure and disposition of a portion of Paddle Road and direct staff to enter into a Road Closure and Land Exchange Agreement; and,
  2. Give first and second reading to Road Closure and Removal of Highway Dedication Bylaw No. 3991, 2025 (to provide for highway closure and dedication removal of a portion of Paddle Road adjacent to 6493 and 6489 Paddle Road).

10.2

ALR Exclusions: Fees and Charges Bylaw Amendment Bylaw No. 3993, and Development Procedures Bylaw Amendment Bylaw No. 3994 for first three readings

Purpose: To introduce the following bylaws for first three readings:

1. Fees and Charges Bylaw Amendment Bylaw No. 3993, 2025, [Attachment 1], which proposes to establish fees for processing applications to exclude land from the Agricultural Land Reserve; and,
2. Development Procedures Bylaw Amendment Bylaw No. 3994, 2025, [Attachment 2], which proposes amending 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:

  1. Authorizes North Cowichan, pursuant to section 8(2) of the Community Charter, to provide the service of evaluating Agricultural Land Reserve exclusion applications and, where Council considers that the application has sufficient merit, to make the application to the Agricultural Land Commission; and,

      

  2. Gives first, second and third readings to Fees and Charges Bylaw Amendment Bylaw No. 3993, 2025 and Development Procedures Bylaw Amendment Bylaw No. 3994, 2025.

11.

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.

11.1

2025 Budget Engagement: What we heard and how we proceed

Purpose: To close out the annual business planning process, communicate what we heard from the 2025 budget public engagement and receive further direction from Council prior to preparing the financial plan bylaw for Council consideration.

• Recommendation:

  THAT Council provides staff with the following direction in relation to the 2025-2029 Financial plan:

  1. [Insert direction].
  2. [Insert direction].

11.1.1

Chief Administrative Officer Office

11.1.2

North Cowichan/Duncan RCMP Detachment

11.1.3

Fire Services

11.1.4

Social Planning and Protective Services

11.1.5

Financial Services

11.1.6

Communications and Public Engagement

11.1.7

Information Management

11.1.8

Information Technology and Business Solutions

11.1.9

Legislative Services

11.1.10

People and Culture

11.1.11

Engineering

11.1.12

Subdivision and Environmental Services

11.1.13

Parks and Recreation

11.1.14

Planning and Building

11.1.15

Forestry

11.1.16

Operations

11.2

Self-Supporting Tower Siting at 3910 Drinkwater Road

Purpose: To consider a request for a statement of concurrence for a proposed 50-metre self-supporting telecommunications tower at 3910 Drinkwater Road.

• Recommendation:

  THAT Council issue a statement of concurrence to Shared Tower Inc. in support of a Telecommunication Antenna Structure at 3910 Drinkwater Road [Application No. TAS00003] for the following reasons:

  1. The Municipality of North Cowichan is satisfied with applicant’s consultation process, which is consistent with Council’s Telecommunication Antenna Structures Policy;
  2. The proposed tower is a permitted use;
  3. The proposed design and location are acceptable; and,
  4. The Municipality has been consulted and concurs with the tower location.

11.3

Remedial Action for 2961 Sherman Road

Purpose: To seek approval to issue a Remedial Action Requirement to the owners of 2961 Sherman Road to demolish the partially collapsed structure on this site.

• Recommendation:
  1. THAT Council declares the subject property at 2961 Sherman Road a nuisance and determines that the partially collapsed structure is in and creates an unsafe condition.
  2. THAT Council imposes the following remedial action requirements on the property owner or their representative:
     1. Fence Installation: Erect a fence around the entire perimeter of the derelict structure within 30 days.
     2. Demolition Permit Application: Submit a demolition permit application within 90 days of receiving a “Notice to Affected Persons” regarding the partially collapsed structure on the property.
     3. Demolition Permit Compliance: Ensure all requirements of the demolition permit are satisfied within 60 days of the permit’s issuance.

11.4

Mountain View Cemetery Services Plan Update

Purpose: To provide Council with updated recommendations that address long-term expansion plans for the Mountain View Cemetery.

• Recommendation:

  THAT Council:

  1. Adopt the Mountain View Cemetery Services Plan as attached to the January 15, 2025, report from the Director of Parks and Recreation;
  2. Direct staff to begin infill construction for 2025 as part of the approved capital plan and build future phases into the 5-year capital planning process;
  3. Refer the long-term cemetery site expansion to the DCC bylaw update process;
  4. Direct staff to include environmentally friendly interment options to the future expansion plans as it nears the detailed design stage; and,
  5. Direct staff to create a cemetery capital reserve fund at a rate of $20,242 per year as part of the 2026 business planning process.

11.5

Bear Resistant Carts

Purpose: To revisit the supplier for bear-resistant carts required for the new automated curbside collection program commencing in June 2025.

• Recommendation:

  THAT Council:

  1. Direct staff to suspend the purchase of bear-resistant carts from Toter LLC; and,
  2. Direct staff to negotiate with Rehrig Pacific Company to supply and deliver five hundred 120L and 240L bear-resistant carts.

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.

NOTICE 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.

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.