Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, June 01, 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 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 2461 697 7760, 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.

• Recommendation:

  THAT Council adopt the minutes of their special and regular meetings held May 18, 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. 

• Recommendation:

2.2.1

Update on the Municipal Forest Reserve Review

Purpose: To update Council on the timeline for the next steps in the Municipal Forest Reserve (MFR) Review engagement process.

• Recommendation:

  THAT Council receive the Update on the Municipal Forest Reserve Review Report dated June 1, 2022, from the Manager of Communications and Public Engagement for information.

2.2.2

Request from Broombusters Invasive Plant Society

Purpose: To receive the request from Joanne Sales, Executive Director, Broombusters Invasive Plant Society, requesting that Council submit a resolution to UBCM to call on the Province of British Columbia to establish Scotch Broom as a noxious weed and establish laws to mitigate its spread on Crown lands.

• Recommendation:

  THAT Council receive the correspondence from Broombusters Invasive Plan Society dated May 19, 2022 for information.

3.

APPROVAL OF REGULAR 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

Cowichan Public Art Gallery Society

Purpose: Jock Hildebrand of the Cowichan Public Art Gallery Society, to update Council on their progress towards building an international-standard art gallery in the Cowichan Valley.

5.2

1st Quarter Report for RCMP Activities

Purpose: Inspector Chris Bear to present:

1. North Cowichan/Duncan RCMP’s quarterly report for January - March 2022;
2. Downtown Corridor and Area January - March 2022 year to date comparison;
3. Annual Performance Plan (APP); and
4. Cowichan Community Policing & Engagement Society (CCP&ES) Manager Programs and Volunteers and Office Co-Ordinator report.

• Recommendation:

  THAT Council endorse the 2022-2023 North Cowichan/Duncan RCMP Annual Performance Plan as presented.

6.

PUBLIC INPUT

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. To be added to the speakers list, please:

• click on the ‘raise your hand’ button, if participating by computer, smartphone, or tablet, or
• dial *3 on your phone

7.

BYLAWS

7.1

Zoning Amendment Bylaw (3110 Moorfield Road.; R3 to R3-CH), No. 3872, 2022

Purpose: To introduce Zoning Amendment Bylaw No. 3872, which proposes to amend Zoning Bylaw No. 2950 to rezone 3110 Moorfield Road from Residential One and Two-Family Zone (R3) to Residential Two-Family Detached Zone (R3-CH) to permit an accessory dwelling unit. A staff presentation will be provided.

• Recommendation:

  THAT Council:

  1. Give first and second readings to “Zoning Amendment Bylaw No. 3872 (3110 Moorfield Road from R3 to R3-CH), 2022”; and,
  2. Schedule a Public Hearing for “Zoning Amendment Bylaw No. 3872 (3110 Moorfield Road from R3 to R3-CH), 2022,” and that notification be issued in accordance with the Local Government Act.

7.2

Official Community Plan Public Hearing Options

Purpose: To provide Council with options regarding a public hearing for the Official Community Plan (OCP).

• Recommendation:

  THAT Council direct staff to arrange a public hearing for Official Community Plan Bylaw No. 3900, 2022 to be held at 2:00 p.m. on Monday, July 18, 202,2 through electronic means and that this hearing be continued in person at 2:00 p.m. on Tuesday, July 19, 2022, at the Cowichan Exhibition Grounds.

8.

REPORTS

8.1

Council Standards of Conduct Policy - Complaint by Mayor Siebring Against Councillor Marsh

Purpose: To inform Council of a complaint under the Council Standards of Conduct Policy (the Policy) that was investigated by a third-party investigator and to provide Council with the necessary information to consider whether to impose, in whole or in part, the recommendations in the investigator’s report.

• Recommendation:

  THAT Council impose Ms. Cartmill-Lane’s recommendations as outlined in Councillor Sawrie’s June 1, 2022 report to Council.

8.2

Biodiversity Protection Policy Next Steps

Purpose: To provide an update on the Biodiversity Protection Policy Project proposals received and consider funding options to cover the budget shortfall.

• Recommendation:

  THAT Council:

  1. Authorize an increase to the 2022 budget for the Biodiversity Protection Policy Project from $50,000 to $100,000 to fund the $40,000 shortfall and add a $10,000 contingency;
  2. Direct staff to amend the Financial Plan Bylaw to include a transfer of $50,000 from the Quamichan Lake Water Quality Reserve Fund and increase the Biodiversity Protection Policy Project expense by $50,000; and,
  3. Award the contract to Diamond Head Consulting for the development of a Biodiversity Protection Policy, including the enhanced level of engagement with First Nations, in the amount of $89,985 plus GST.

8.3

Reimbursement of Legal Fees in relation to Conflict of Interest Declaration

Purpose: To consider reimbursing Councillor Toporowski’s legal fees incurred as a result of declaring a conflict of interest on matters related to Cowichan Tribes.

• Recommendation:

  THAT Councillor Toporowski is reimbursed her legal fees related to the withdrawal of her Cowichan Tribes conflict of interest declaration on May 5, 2022, in the amount of $495.04.

8.4

National Indigenous Peoples Day 2022 – Offer of Support to Halalt First Nation

Purpose: To consider an offer of financial support to Halalt First Nation for a National Indigenous Peoples Day event in 2022.

• Recommendation:

  THAT Council:

  1. Authorize the Chair of the First Nations Relations Committee to sign the letter attached to the Deputy Chief Administrative Officer’s report dated June 1, 2022, and that it be sent to Halalt First Nation offering up to $1,000 in financial support towards their planned National Indigenous Peoples Day event in 2022; and
  2. Direct staff to work with the First Nations Relations Committee Chair to prepare any additional letters of support for National Indigenous Peoples Day 2022 and authorize the Committee Chair to offer a proportionate amount of financial support.

8.5

Review of Council Remuneration Report

Purpose: To consider the report prepared by Sainas Consult Inc. on Mayor and Council’s remuneration and what follow-up action should be taken.

• Recommendation:

  THAT Council accept the Review of Council Remuneration Report prepared by Sainas Consult Inc.

8.6

Election Cost-Sharing Agreements

Purpose: To consider entering into cost-sharing agreements with School District No. 79 (SD 79) for the 2022 School Trustee Election and with the Cowichan Valley Regional District (CVRD) for assent voting on changes to the funding of nine ‘regionally significant’ recreation facilities.

• Recommendation:

  THAT Council approve the Election Cost-Sharing Agreements with:

  1. the Cowichan Valley Regional District (CVRD) for conducting assent voting on behalf of the CVRD for the 2022 general local election, substantially as attached to the Manager of Legislative Services’ report dated June 1, 2022, as Attachment 1, and that the Mayor and Corporate Officer be authorized to execute the agreement; and,
  2. School District No. 79 (Cowichan Valley) for conducting a part of the school trustee election during the 2022 general local election, substantially as attached to the Manager of Legislative Services’ report dated June 1, 2022, as Attachment 3, and that the Mayor and Corporate Officer be authorized to execute the agreement.

9.

NOTICES OF MOTIONS

10.

UNFINISHED AND POSTPONED BUSINESS

11.

NEW BUSINESS

12.

QUESTION PERIOD

Question Period is an opportunity for the public to ask brief questions regarding the business discussed during the meeting. To be added to the speakers list, please:

• click on the ‘raise your hand’ button, if participating by computer, smartphone, or tablet, or
• dial *3 on your phone

13.

CLOSED SESSION

• 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)(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

13.1

In-Camera Minutes from April 20, 2022  and May 18, 2022 for adoption

13.2

Closed under section 90(1)(i) - legal advice

14.

RISE AND REPORT

15.

ADJOURNMENT