Municipality of North Cowichan
Council - Regular and Public Hearings
REVISED AGENDA

Wednesday, August 17, 2022 at 1:30 P.m. - 2:30 P.m.

Electronically

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1.

CALL TO ORDER

This meeting will be conducted by video conference using the Cisco Webex platform. This meeting, though electronic, is open to the public and will be streamed live and archived for viewing on demand at www.northcowichan.ca.

Anyone wishing to participate in the meeting, during the 'Public Input' and 'Question Period' portions of the agenda, may do so by attending Municipal Hall [7030 Trans-Canada Highway] in person, or electronically by joining the meeting using: 

• a computer, smartphone, or tablet. Please visit northcowichan.ca/virtualmeeting for instructions on how you can connect to this meeting.
• a telephone, dial 1.844.426.4405, enter 1# for English, enter the meeting ID 2450 504 2934, and then enter the meeting password 1111

2.

APPROVAL OF CONSENT AGENDA

Purpose: 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.

[Note: the July 18/19, 2022 Public Hearing minutes will be added as an addendum to the agenda next week]

• Recommendation:

  THAT Council adopt the minutes of their regular meeting held July 20, 2022.

2.1.2

Public Hearing Minutes for Adoption

Purpose: To consider if there were any errors or omissions prior to adoption of the minutes of OCP Public Hearing.

• Recommendation:

  THAT Council adopt the minutes of the public hearing held July 18 and 19, 2022.

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

2nd Quarter Financial Report

Purpose: To provide an update on the General Fund Statement of Operation and Capital for the period ending June 30, 2022.

• Recommendation:

  THAT Council receive for information the 2nd Quarter Financial report.

2.2.2

WildWings Sponsorship Request

Purpose: To receive the August 4, 2022 email from WildWings Coordinator, Paul Fletcher requesting Council contribute $500 to support this year's WildWings Nature & Arts Festival. The contributions will be used to sponsor the Celebrate Somenos Family Day at the Somenos Marsh Open Air Classroom.

• Recommendation:

  THAT Council receive for information the August 4, 2022 letter from WildWings Coordinator, Paul Fletcher.

2.2.3

Regional District of Nanaimo Re: UBCM Resolution to Modernize the Local Government Act

Purpose: To receive the July 22, 2022 letter and slide presentation from Board Chair of the Regional District of Nanaimo requesting Council's support of their resolution that was sent to UBCM calling upon the Ministry of Municipal Affairs and local governments in a collective endeavour to modernize the Local Government Act.

• Recommendation:

  THAT Council receive for information the July 22, 2022 letter from the Regional District of Nanaimo.

2.2.4

BC Honours and Awards Re: Nominations for Province's Medal of Good Citizenship 2022 Award

Purpose: To receive the August 9, 2022 email and poster from the Province of BC calling for nominations for the Province's Medal of Good Citizenship award for 2022. Deadline to submit nominations is September 6, 2022.

• Recommendation:

  THAT Council receive for information the August 9, 2022 email and poster from the Province of BC.

3.

APPROVAL OF AGENDA

Purpose: To consider any items of business not included in the Agenda, that are of an urgent nature, 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

5.

DELEGATIONS AND PRESENTATIONS

5.1

Delegation - Road Allowances along Stoney Hill Road

Purpose: Mr. Nicolas Schwetz to speak to Council on Municipal road allowances along Stoney Hill Road and issues with development that precludes the public's ability to access the foreshore.

5.2

Delegation - Cowichan Trail Stewardship Society Presentation

Purpose: Mr. Rick Martinson to speak to how Cowichan Trail Stewardship Society (CTSS) spends its annual contract funding, the outcomes/results/benefits of CTSS' work and the extent of recreational usage of the municipal forest reserve.

5.3

Presentation - Audrey George, Assisted Living Manager at M’akola Housing Society

Purpose: Ms. Audrey George, Assisted Living Manager at M’akola Housing Society will be providing a presentation to Council in relation to agenda item 8.1 [National Day for Truth and Reconciliation]

5.4

Presentation - Sarah Lam, Forum Research

Purpose: Ms. Sarah Lam, Forum Research Consultant will be providing a presentation to Council in relation to agenda item 8.2 [2022 Citizen Satisfaction Survey results]

6.

PUBLIC INPUT

Public Input is an opportunity for the public to provide their feedback on matters included on the agenda, however, I would like to remind the public that input cannot be provided regarding a proposed bylaw where a public hearing has been held. 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.

If you attend in-person and wish to address Council you must register at least 10 minutes prior to the Council meeting by signing the sheet posted outside the Council Chambers.

If you attend virtually and wish to address Council, please click on the ‘raise your hand’ button, if participating by computer, smartphone, or tablet, or dial *3 if participating by phone.

7.

BYLAWS

7.1

Official Community Plan Bylaw 3900 Further Readings, Adoption

Purpose: To provide Council with Official Community Plan (OCP) Bylaw No. 3900, 2022 for consideration of second reading, third reading and adoption.

• Recommendation:
  1. THAT Council amends “Official Community Plan Bylaw No. 3900, 2022” by substituting Schedule A with the revised Schedule A that is attached to the bylaw, and as outlined in the Planning Manager’s August 17 2022 report.
  2. THAT Council gives second reading to “Official Community Plan Bylaw No. 3900, 2022”, as amended.
  3. THAT Council gives third reading to “Official Community Plan Bylaw No. 3900, 2022”.
  4. THAT Council adopts “Official Community Plan Bylaw No. 3900, 2022”.

7.2

Zoning Amendment Bylaw No. 3873, 2022 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3873, 2022 which received first three readings on July 20, 2022, and Ministry of Transportation approval on August 12, 2022. If adopted Schedule “J” (Development Permit Guidelines) in Zoning Bylaw, No. 2950 will be replaced with an updated Schedule “J” that reflects the new Official Community Plan 2022. This administrative change will harmonize the documents to ensure the continued orderly administration of Development Permit applications should Council adopt the new Official Community Plan.

[Note: if Official Community Plan Bylaw No. 3900, 2022 is not adopted, this bylaw must be deferred to the meeting where Bylaw 3900 is considered for adoption]

• Recommendation:

  THAT Council adopt “Zoning Amendment Bylaw No. 3873, 2022".

7.3

Zoning Amendment Bylaw No. 3867 (Paddle Road) for second reading & add Public Hearing date

Purpose: To consider amending Zoning Amendment Bylaw No. 3867, 2022 for Paddle Road to align the regulations within the proposed bylaw with Council’s July 20, 2022 resolution regarding secured non-market housing units.

• Recommendation:
  1. THAT Council rescinds second reading of “Zoning Amendment Bylaw No. 3867 (6478, 6494, 6493, 6489 Paddle Road from R1 & 6495 Paddle Road from CD10, to CD22), 2022”;
  2. THAT Council amends “Zoning Amendment Bylaw No. 3867 (6478, 6494, 6493, 6489 Paddle Road from R1 & 6495 Paddle Road from CD10, to CD22), 2022” by removing:
     1. section 2; and
     2. subsection 80.22(9)(f) from section 4 and inserting “No residential dwelling unit shall have a floor area less than 32.5 m²” immediately following subsection 80.22(9)(e);
  3. THAT Council gives second reading of “Zoning Amendment Bylaw No. 3867 (6478, 6494, 6493, 6489 Paddle Road from R1 & 6495 Paddle Road from CD10, to CD22), 2022” as amended,
  4. THAT Council schedules a Public Hearing for “Zoning Amendment Bylaw No. 3867 (6478, 6494, 6493, 6489 Paddle Road from R1 & 6495 Paddle Road from CD10, to CD22), 2022” on September 7, 2022 and notification be issued in accordance with the Local Government Act.

7.4

Zoning Amendment Bylaw No. 3685 (3181, 3183 Gibbins Road; R3 to R3-MF), 2018 for second reading

Purpose: To consider second reading of Zoning Amendment Bylaw No. 3685, 2018 as amended to permit a four-plex on the subject property.

• Recommendation:
  1. THAT Council amend “Zoning Amendment Bylaw No. 3685, 2018” by inserting the following:

     “2. Zoning Bylaw 1997, No. 2950, section 58.3 (5) [R3-MF, Density] is amended by inserting the following:

     “(c) Despite section (5)(a), the minimum site area per dwelling unit of 220 m2 (2,368 ft2) is permitted at 3181/3183 Gibbins Road”.”;

  2. THAT Council give second reading, as amended, to “Zoning Amendment Bylaw No. 3685, 2018”; and
  3. THAT Council schedule a Public Hearing for “Zoning Amendment Bylaw No. 3685, 2018” and notification be issued in accordance with the Local Government Act.

7.5

Zoning Bylaw Amendment Application No. ZB000153 (3288 Cowichan Lake Road) – Cannabis Retail Sales for first and second reading

Purpose: To introduce Zoning Amendment Bylaw No. 3878, 2022, which proposes a site specific zoning amendment to permit retail cannabis sales at the Berkey’s Corner Shopping Centre. A staff presentation will be provided at the meeting.

• Recommendation:

  That Council:

  1. Give first and second reading to “Zoning Amendment Bylaw (Cannabis Sales – 3288 Cowichan Lake Road), No. 3878,” 2022 to permit cannabis retail sales; and,
  2. Require the applicant to conduct an Information Meeting before scheduling a Public Hearing and Council’s consideration of third reading.

7.6

Waterworks Amendment Bylaw No. 3874 for first three readings

Purpose: To revise Waterworks Amendment Bylaw No. 3866, 2022 by using plain language to maximize the public’s understanding of the information contained in the Bylaw and to edit the regulations related to new lawns.

• Recommendation:
  1. THAT Council abandons Waterworks Amendment Bylaw No. 3866, 2022.
  2. THAT Council gives first, second and third readings to “Waterworks Amendment Bylaw No. 3874, 2022”.

8.

REPORTS

8.1

National Day for Truth and Reconciliation 2022

Purpose: To seek Council support for a $3,000 grant-in-aid to the M’akola Housing Society in support of the 2022 Every Child Matters March to commemorate the National Day for Truth and Reconciliation on September 30, 2022. Audrey George, Assisted Living Manager at M’akola Housing Society, is the event organizer and she will be providing a presentation to Council under Delegations and Presentations.

• Recommendation:

  THAT Council approve a $3,000 grant-in-aid to the M'akola Housing Society to support the 2022 Every Child Matters March to commemorate the National Day for Truth and Reconciliation on September 30, 2022.

8.2

2022 Citizen Satisfaction Survey results

Purpose: To provide Council with the 2022 Citizen Satisfaction Survey results (Attachment 1). A presentation will be provided by the consultant under Delegations and Presentations.

• Recommendation:

  THAT Council receive the 2022 Citizen Satisfaction Survey results for information.

8.3

Development Variance Permit Application No. DVP00082 for 6824 Stoney Hill Road

Purpose: To consider an application for a development variance permit for the construction of a single-family dwelling within 15 metres from a watercourse at 6824 Stoney Hill Road.

• Recommendation:

  THAT Council authorize the issuance of Development Variance Permit DVP00082 to vary section 13(1)(c) of Zoning Bylaw No. 2950, 1997 to reduce the required setback from a watercourse from 15 metres to 4 metres at 6824 Stoney Hill Road.

8.4

Temporary Mobile Home Permit Application for 7042 Norcross Road

Purpose: To consider authorizing a Temporary Mobile Home Permit for 7042 Norcross Road to reauthorize an existing temporary mobile home on the property in order to provide care of a sick or elderly person. A presentation by staff will be provided at the meeting.

• Recommendation:

  THAT Council authorize Temporary Mobile Home Permit No. TTP00076 to be issued to Kristy and Gavin Symes for the use of a temporary mobile home at 7042 Norcross Road, in accordance with the requirements of Temporary Mobile Home Permit Bylaw No. 1685, for a term of one year, expiring on August 17, 2023.

8.5

North Cowichan Civic Building – Tender Package 5

Purpose: To award construction tenders from Tender Package 5 of the new RCMP Building.

• Recommendation:

  THAT Council award the contract for C-040 Furniture to Graphic Office Interiors for $608,772.05 plus GST.

8.6

Regional Recreation 2023-2027 Budget Approval

Purpose: To obtain Council approval for Cowichan Aquatic Centre, Fuller Lake Arena and Cowichan Sportsplex 2023-2027 Budgets should the Regional Recreation Assent Voting Opportunity be successful, and to obtain direction from Council regarding alternatives should the Regional Recreation Assent Voting Opportunity be unsuccessful.

• Recommendation:

  THAT Council approve:

  1. the 2023-2027 budget for the Cowichan Aquatic Centre, Fuller Lake Arena and Cowichan Sportsplex for submission to the Cowichan Valley Regional District; and,
  2. for budget preparation purposes, the imposition of two-tiered fees for residents and non-residents at the Cowichan Aquatic Centre and Fuller Lake Arena should elector approval not be obtained.

8.7

Request for Extension to “Village” Grant

Purpose: To obtain Council authorization to apply for an extension to the Union of BC Municipalities (UBCM) Strengthening Communities Grant for the Village project.

• Recommendation:

  THAT Council authorize the Chief Financial Officer to request an eight month extension from the Union of British Columbia Municipalities on the Strengthening Communities’ Services grant funding received for the Cowichan Housing Association’s Village project.

8.8

Forestry Advisory Committee – Terms of Reference Amendment

Purpose: To advise Council of the resignation of one of the Forestry Advisory Committee members, to seek direction on their replacement, to endorse the replacement of the Cowichan Trail Stewardship Society representative, and to seek approval to amend the Terms of Reference.

• Recommendation:

  THAT Council:

  1. Appoint Ghislaine (Jessie) Fraser to the Forestry Advisory Committee as the Cowichan Trails Stewardship Society representative, replacing Vicki Holman, for the balance of the term ending October 31, 2022; and,
  2. Approve the Forestry Advisory Select Committee Terms of Reference, as amended and included as Attachment 3 to the Acting Director of Parks and Recreation’s August 17, 2022 staff report.

9.

NOTICES OF MOTIONS

10.

UNFINISHED AND POSTPONED BUSINESS

11.

NEW BUSINESS

11.1

Reimbursement of Councillor Marsh’s reduction in compensation that resulted from the breach of Standards of Conduct Policy

Purpose: For Councillor Justice to move the motion that was introduced at the July 20, 2022 Regular Council meeting.

• Recommendation:

  THAT Council direct staff to prepare an amendment to subsection 1 (8) of the Council Remuneration Bylaw that would have the same effect of reimbursing Councillor Marsh an amount equivalent to her lost remuneration to date and up to the adoption of the bylaw amendment.

11.2

2022 Zero Waste Conference

Purpose: To authorize Councillor Marsh to attend the 2022 Zero Waste Conference.

• Recommendation:

  THAT Councillor Marsh be authorized to attend the virtual 2022 Zero Waste Conference [September 28 & 29, 2022], and that the registration fee [$350, plus taxes] be allocated as follows:

  • $250 paid from the discretionary budget that remains available to Councillor Marsh in accordance with the Council Conference Attendance policy
  • $100, plus taxes, to be paid from the council training budget.

12.

QUESTION PERIOD

Question Period is an opportunity for the public to ask brief questions regarding the business discussed during the meeting.

For in person attendees, please proceed to the podium and wait for the Mayor (Chair) to acknowledge you before you speak.

For virtual attendees, please click on the ‘raise your hand’ button, if participating by computer, smartphone, or tablet, or dial *3 if participating by phone.

13.

ADJOURN COUNCIL MEETING TO RECONVENE AT 6:00 P.M.

Purpose: To recess the Council meeting until the start time of the public hearing.

• Recommendation:

  THAT the meeting be adjourned at ______ p.m. to reconvene at 6:00 p.m. this evening.

14.

PUBLIC HEARINGS 6:00 P.M.

Mayor Siebring to provide an explanation of the public hearing process and to advise members of the public that no further verbal or written presentations can be received by any member of Council following the closure of the public hearings. Written submissions received between 1:00 p.m. on Friday, August 12, 2022 and the holding of the public hearing will be provided to Council when they are received and are available for review by the public on the municipal website. Following the close of the public hearings, Council may give the bylaws further consideration.

14.1

Public Hearing Zoning Amendment Bylaw (1234 Viewtop Road), 2022, No. 3875 

Purpose: The purpose of the Public Hearing is to allow the applicant and the public to make representations to Council respecting matters contained in Zoning Amendment Bylaw (1234 Viewtop Road), 2022, No. 3875 which proposes to permit a maximum of 15% of the total dwelling units to be in the form of a two-family dwelling (duplex) at 1234 Viewtop Road.

14.2

Public Hearing Zoning Amendment Bylaw (Rural Accessory Dwelling Units), 2022, No. 3876

Purpose: The purpose of the Public Hearing is to allow the applicant and the public to make representations to Council respecting matters contained in Zoning Amendment Bylaw No. 3876 (Rural Accessory Dwelling Units), 2022 which proposes to amend the permitted densities within the A-1, A-2, A-3 and A-5 zones to accommodate various forms of accessory dwelling units on parcels 2ha or greater.

15.

RESUME COUNCIL MEETING TO CONSIDER THE BYLAWS

15.1

Zoning Amendment Bylaw (1234 Viewtop Road), 2022, No. 3875 for third reading and adoption

Purpose: To consider third reading and adoption of Zoning Amendment Bylaw (1234 Viewtop Road), 2022, No. 3875 following the public hearing.

• Recommendation:

  THAT Council:

  1. Give third reading to "Zoning Amendment Bylaw (1234 Viewtop Road), 2022, No. 3875".
  2. Adopt "Zoning Amendment Bylaw (1234 Viewtop Road), 2022, No. 3875".

15.2

Zoning Amendment Bylaw (Rural Accessory Dwelling Units), 2022, No. 3876 for third reading

Purpose: To consider third reading of Zoning Amendment Bylaw (Rural Accessory Dwelling Units), 2022, No. 3876 following the public hearing.

• Recommendation:

  THAT Council give third reading to "Zoning Amendment Bylaw (Rural Accessory Dwelling Units), 2022, No. 3876".

16.

CLOSED SESSION

• Recommendation:

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

  • 90(1)(c) - labour relations or other employee relations;
  • 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;
  • 90(1)(m) a matter that, under another enactment, that being s 22(1) of the Freedom of Information and Protection of Privacy Act, is such that the public may be excluded from the meeting; and
  • 90(2)(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

16.1

Minutes from the closed portion of the July 20, 2022 regular meeting for adoption

16.2

Closed under sections 90(1)(c) labour relations, and (k) proposed municipal service

16.3

Closed under sections 90(1)(m) a matter under another enactment, s 22(1) FIPPA, and 90(2)(b) confidential negotiations

17.

RISE AND REPORT

18.

ADJOURNMENT