Municipality of North Cowichan
Regular Council
REVISED AGENDA

Wednesday, November 15, 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 2770 598 7743, 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 November 1, 2023.

2.1.2

Committee of the Whole Recommendation for Endorsement

Purpose: To receive the draft minutes from the November 7, 2023 Committee of the Whole meeting and to endorse the Committee of the Whole's grant-in-aid recommendations.
[Note: The Committee of the Whole minutes have been updated and Recommendation #2 was added on November 14, 2023]

• Recommendation #1:

  THAT Council approve grant-in-aid amounts for 2024 for a total of $241,550 allocated as follows:

  1. BC Forest Discovery Centre – BC Forest Museum $25,000
  2. Chemainus & District Chamber of Commerce $30,000
  3. Chemainus Valley Historical Society $8,500
  4. Cowichan Historical Society $5,500
  5. Duncan Cowichan Chamber of Commerce $34,000
  6. Cowichan Neighbourhood House Association $38,600
  7. Chemainus BIA - Flower Baskets $24,000
  8. Chemainus Theatre Festival Society $20,000
  9. Chemainus Cemetery (St. Michael’s and All Angels Church) $1,000
  10. Chemainus BIA - Flags/Banners $2,000
  11. Chemainus Communities in Bloom $7,000
  12. Clements Centre for Families $5,000
  13. Cowichan - Bring Back Bluebirds (BCCF) $2,000
  14. Cowichan Family Caregivers Support Society $1,000
  15. Fosterkritters Feral Cat Rescue Society $1,000
  16. NEED2 - Suicide prevention, education & support $2,500
  17. Salish Sea Stones $3,000
  18. Somenos Marsh Society $950
  19. Take a Hike Foundation $1,500
  20. WildsafeBC (BCCF) $3,000
  21. Chemainus Rotary Club (Summerfest Parade and Festivities) $500
  22. Crofton Art Group $2,000
  23. Maple Bay Community Assoc. - Canada Day $3,500
  24. Somenos Community Association $7,000
  25. Vimy Community Club (Hall) $3,000
  26. Westholme School Society $5,000
  27. Cowichan Rugby Club $5,000

   

   

• Recommendation #2:

  THAT Council approve a 2024 grant-in-aid for the Cowichan Agricultural Society and Farmers' Institute for $5,000 to be funded from the Agricultural Reserve.

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

Honourable Arif Virani re: Update on Federal Bail Reform

Purpose: To receive for information the October 31, 2023 letter from the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, advising that Bill C-48 An Act to amend the Criminal Code (bail reform) passed Third reading in the House of Commons.

• Recommendation:

  THAT Council receive for information the October 31, 2023 letter from the Honourable Arif Virani, Minister of Justice and Attorney General of Canada.

2.2.2

Honourable Mitzi Dean re: Adoption Awareness Month - November

Purpose: To receive for information the October 31, 2023 email from the Honourable Mitzi Dean, Minister of Children and Family Development, requesting Councils support in celebrating November as Adoption Awareness Month.

• Recommendation:

  THAT Council receive for information the October 31, 2023 email from Honourable Mitzi Dean, Minister of Children and Family Development. 

2.2.3

Ian Thorpe re: Nanaimo Regional Hospital District Key Healthcare Priorities Projects

Purpose: To receive for information the October 25, 2023 letter from Ian Thorp, Chair of the Nanaimo Regional Hospital District requesting that North Cowichan Council consider approving a motion to write a letter to Minister Dix expressing support for this critical health infrastructure.

• Recommendation:

  THAT Council receive for information the October 25, 2023 letter from Ian Thorpe, Chair of the Nanaimo Regional Hospital District.

2.2.4

Delores Wagg re: Cowichan Music Festival

Purpose: To receive for information the October 30, 2023 letter from Delores Wagg, on behalf of the Cowichan Music Festival Committee, requesting Councils support for a $200 donation towards the Cowichan Music Festivals Scholarship awarded to the Most Outstanding Senior in Piano.

• Recommendation:

  THAT Council receive for information the October 30, 2023 letter from Delores Wagg on behalf of the Cowichan Music Festival Committee. 

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].

3.1

Late Item

Purpose: To add the letter from the Cowichan Valley Regional District requesting a letter of support as a late item under New Business.

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.

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.

6.

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.

6.1

Zoning Amendment Bylaw No. 3911 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3911, 2023 which received third reading following the public hearing on July 19, 2023 and the 219 covenant has now been registered on title. If adopted, this bylaw will permit a detached accessory dwelling unit not exceeding 106m² of habitable floor area at 1211 Barnes Road.

• THAT Council adopt Zoning Amendment Bylaw No. 3911, 2023.

6.2

Zoning Amendment Bylaw No. 3938, 2023 for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3938, 2023, which proposes to amend Zoning Bylaw 1997, No. 2950 from “Residential One and Two Family R3” to “Infill Residential Neighbourhood R3-N” at 5865 Highland Avenue.

• Recommendation:

  THAT Council:

  (1) Give first and second readings to Zoning Amendment Bylaw No. 3938, 2023; and,

  (2) Authorize a Public Hearing for Zoning Amendment Bylaw No. 3938, 2023.

7.

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.

7.1

Temporary Use Permit Application – 1428 Adelaide Street

Purpose: To consider a request for a temporary use at 1428 Adelaide Street for a second residential dwelling unit for a three-year period.

• Recommendation:

  THAT Council authorize issuance of a Temporary Use Permit, included as Attachment 3 to the Contract Planner’s November 15, 2023, report, to allow the owners of 1428 Adelaide Street (PID: 005-930-936) a second residence in an existing structure on the lot, for a maximum of three years or until the current occupant relocates, whichever comes first, subject to:

  1. the provisions of a $10,000.00 bond as security to decommission or remove the structure upon the expiration of the permit; and,
  2. confirmation that the landowner has completed the safety works required as set out in the Chief Building Inspector’s October 31, 2023, memo.

7.2

Development Variance Permit Application No. DVP00089 for 6032 Crestmount Place

Purpose: To consider granting a variance to Zoning Bylaw No. 2950 to increase the permitted lot coverage for 6032 Crestmount Place from 30% to 32.8% to accommodate a building addition.

• Recommendation:

  THAT Council authorize the issuance of Development Variance Permit DVP00089 and vary Section 61(5) of Zoning Bylaw 1997, No. 2950 to increase permitted lot coverage from 30% to 32.8% to accommodate an addition at 6032 Crestmount Place.

7.3

Appointment of Animal Control Officers

Purpose: To appoint Coastal Animal Control Services of B.C. Ltd. as the Poundkeeper and their employees as Animal Control Officers to provide them with the legal authority to enforce the Animal Responsibility Bylaw and issue municipal tickets for non-compliance.

• Recommendation:

  THAT Council:

  1. Appoint Trevor Hughes, Chris Hunt, Jordon Montgomery, and Mattaius Brueckl as Animal Control Officers effective immediately and terminating on December 31, 2025;
  2. Authorize the employee or agent of Coastal Animal Control Services of B.C. Ltd. to act as the Poundkeeper for the District of North Cowichan for the purpose of the establishment, maintenance, operation, and regulation of a Pound and the enforcement of the provisions contained in Animal Responsibility Bylaw No. 3740, 2019, effective immediately and terminating on December 31, 2025, when the Agreement for Services between the District of North Cowichan and Coastal Animal Control Services of B.C. Ltd. expires; and,
  3. Direct staff to amend the Animal Responsibility Bylaw and the Delegation of Authority Bylaw to delegate Council’s authority to appoint the Poundkeeper and Animal Control Officers and to enter into agreements for animal control and animal shelter services to the Director responsible for bylaw compliance.

8.

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.

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

Zoning Amendment Bylaw No. 3937, 2023, for first and second readings

Purpose: To consider the change made to Zoning Amendment Bylaw No. 3937, 2023, as directed by Council on November 1, 2023, to permit a detached building at 7475 Bell McKinnon Road with a maximum two accessory dwelling units.

(Note: the original Nov.1/23 staff report with attachments have been included following the amended bylaw)

• Recommendation:

  THAT Council:

  1. Give first and second readings to Zoning Amendment Bylaw No. 3937, 2023; and,
  2. Authorize a Public Hearing for Zoning Amendment Bylaw No. 3937, 2023.

10.

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.

10.1

Cowichan Community Action Team

Purpose: Cindy Lise, Regional Facilitator of Our Cowichan Communities Health Network to present on their efforts to address the poisoned drug pandemic and the need for multiple approaches and a shared learning and understanding of the challenges at hand.

10.2

CVRD Municipal Regional District Tax Revenue Reallocation Request

Purpose: To accept the letter from the Cowichan Valley Regional District (CVRD) as a late item regarding the proposed change to the use of MRDT revenues (see Municipal and Regional District Tax Program Requirements guide for more information).

• Recommendation:

  THAT Council:

  1. Agrees with the Cowichan Valley Regional District’s (CVRD) reallocation of the Online Accommodation Platform (OAP) Municipal Regional District Tax (MRDT) revenues from tourism marketing to affordable housing within the CVRD, effective January 1, 2024; and,
  2. Authorizes the Mayor to provide a letter of support to the CVRD for the use of MRDT revenues for affordable housing.

11.

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.

12.

ADJOURNMENT

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