Municipality of North Cowichan
Regular Council
AGENDA

Tuesday, April 05, 2022 at 1:30 P.m. - 4:30 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 the meeting ID 2458 385 2233, and then press # to join the meeting.

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 regular meeting held March 16, 2022.

2.1.2

April 21, 2022 Forestry Advisory Committee Meeting

Purpose: To authorize the next Forestry Advisory Committee (FAC) meeting to be conducted by electronic means in accordance with subsection 7(9) of the Council Procedure Bylaw.

(Note: The FAC has not met since June 30, 2020 when meetings were authorized to be conducted electronically under Ministerial Order No. 192. Since that time the Community Charter was amended to allow committee meetings to be conducted electronically, if authorized under a procedure bylaw. The Council Procedure Bylaw was amended on October 7, 2021 to add subsection 7(9) which states: “A committee meeting may only be conducted by means of electronic or other communication facilities where Council or the committee has, at least 72 hours in advance of the committee meeting, passed a resolution directing that the committee meeting be conducted by means of electronic or other communication facilities”. Their next meeting is tentatively scheduled for April 21, 2022.)

• Recommendation:

  THAT Council authorize the next Forestry Advisory Committee meeting to be conducted by electronic means.

2.1.3

Forestry Advisory Committee Appointment

Purpose: To formally appoint Heather Pritchard, Registered Professional Forester, to the Forestry Advisory Committee for the balance of the current term, in response to North Cowichan’s invitation to participate on the committee.

• Recommendation:

  THAT Council appoint Heather Pritchard to the Forestry Advisory Committee to fill the 'Registered Forester' vacancy, vacated by Mark Carter, for the balance of the term ending October 31, 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

Environmental Advisory Committee meeting minutes

Purpose: To receive for information the minutes from the February 22, 2022 Environmental Advisory Committee meeting.

Note: Please refer to agenda items 8.2 and 8.4 for further analysis and implementation of the Environmental Advisory Committee’s recommendations from this meeting.

• Recommendation:

  THAT Council receive for information the minutes from the February 22, 2022 Environmental Advisory Committee meeting.

2.2.2

MP Cowichan-Malahat-Langford Re: Bill C-216 - Health-based Approach to Substance Use Act

Purpose: To receive the March 17, 2022 letter from Alistair MacGregor, Member of Parliament (MP) for Cowichan-Malahat-Langford, requesting Council's support for Bill C-216 the Health-based Approach to Substance Use Act to decriminalize drug possession for personal use and expand access to harm reduction, treatment and recovery services.

• Recommendation:

  THAT Council receive for information the March 17, 2022 letter from MP Alistair MacGregor.

2.2.3

Cowichan Climate Hub Re: Reducing GHG Emissions in Built Environment

Purpose: To receive the March 12, 2022 letter from the Cowichan Climate Hub requesting Council prioritize reducing GHG Emissions in the Cowichan Valley, starting with requirements for new construction.

• Recommendation:

  THAT Council receive for information the March 12, 2022 letter from the Cowichan Climate Hub.

2.2.4

South Coast Ship Watch Alliance Re: Anchorages in the Southern Gulf Islands

Purpose: To receive the March 11, 2022 email from Cheryl Ashlie, on behalf of the South Coast Ship Watch Alliance, requesting that Council support their goal to eliminate 33 anchorages within the Southern Gulf Islands.

• Recommendation:

  THAT Council receive for information the March 11, 2022 email from Cheryl Ashlie on behalf of the South Coast Ship Watch Alliance.

2.2.5

City of Terrace Re: Resolution to the 2022 NCLGA Convention (Prolific Offenders)

Purpose: To receive the March 14, 2022 email from the City of Terrace regarding their submission of a 2022 Resolution to the North Central Local Government Association (NCLGA) to lobby the Provincial Government to ensure Crown Counsel prosecutes prolific offenders.

• Recommendation:
  THAT Council receive for information the March 14, 2022 email from the City of Terrace.

2.2.6

District of Elkford Re: Milk container recycling in British Columbia

Purpose: To receive the March 15, 2022 letter from the District of Elkford to the Minister of Environment and Climate Change Strategy regarding the implementation of the 10-cent deposit on milk and plant-based beverage containers.

• Recommendation:

  THAT Council receive for information the March 15, 2022 letter from the District of Elkford.

2.2.7

BC Hospitality Sector Re: Reducing patio application red tape

Purpose: To receive the March 16, 2022 letter from the BC Hospitality Sector requesting municipalities work collaboratively to reduce red tape and unnecessary fees associated with public and private patio programs.

• Recommendation:

  THAT Council receive for information the March 16, 2022 letter from the Hospitality Sector.

2.2.8

Village of New Denver Re: Support for Ukraine and demand removal of Russia’s President from office

Purpose: To receive the March 14, 2022 letter from the Village of New Denver requesting that all levels of governments condemn the actions of Russia's invasion of Ukraine and demand the immediate removal of Vladimir Putin as president of Russia.

• Recommendation:

  THAT Council receive for information the March 14, 2022 letter from the Village of New Denver.

2.2.9

City of Victoria and City of Kamloops Re: AVICC Resolution R37 - Case for Basic Income for Municipalities

Purpose: To receive the March 28, 2022 email from City of Victoria Councillor Marianne Alto and City of Kamloops Councillor Dale Bass, requesting Council to sign up and share the case study, provide their support for Resolution R37 at the Association of Vancouver Island Coastal Communities Convention in April 2022, and adopt a motion calling on the Government of Canada to implement a basic income guarantee.

• Recommendation:

  THAT Council received for information the March 28, 2022 email from City of Victoria Councillor Marianne Alto and City of Kamloops Councillor Dale Bass.

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

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

Election and Assent Voting Bylaw No. 3837 and Sign Amendment Bylaw No. 3836 for adoption

Purpose: To consider adoption of

1. Election and Assent Voting Bylaw No. 3837, which if adopted will add provisions for mail ballot and special voting opportunities; and
2. Sign Amendment Bylaw No. 3836, which if adopted will remove the $100 security deposit requirement for election advertising and signs.

[Note: the Sign Bylaw Amendment Bylaw that was attached to the agenda and published on April 1, 2022 was the incorrect Bylaw. The correct Sign Bylaw Amendment Bylaw has been attached to the agenda and re-published on April 5, 2022.]

• Recommendation:

  THAT Council adopt:

  1. Election and Assent Voting Bylaw No. 3837, 2022; and
  2. Sign Amendment Bylaw No. 3836, 2022.

7.2

Zoning Amendment Bylaw (1379 Maple Bay Road), 2021, No. 3822 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw (1379 Maple Bay Road), 2021, No. 3822, which received third reading following the public hearing on May 19, 2021, and the section 219 covenant has now been register on title. If adopted, this bylaw will permit the use of an existing building as a detached second dwelling at 1379 Maple Bay Road.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw (1379 Maple Bay Road), 2021, No. 3822.

7.3

Zoning Amendment Bylaw (Second Dwelling – 934 Khenipsen Road), 2020, No. 3798 for second reading

Purpose: To review the additional information submitted by the applicant, as requested by Council, prior to considering second reading of Zoning Amendment Bylaw No. 3798 to permit the use of a second dwelling (converted accessory building) at 934 Khenipsen Road.

• Recommendation:

  THAT Zoning Bylaw Amendment Bylaw (Second Dwelling – 934 Khenipsen Road), 2020, No. 3798 be abandoned.

7.4

2022-2026 Financial Plan Amendment Bylaw No. 3862 for first three readings

Purpose: To consider an amendment to the 2022-2026 Financial Plan Bylaw to include the projects and initiatives authorized by Council resolution between February 2 and March 16, 2022.

• Recommendation:

  THAT Council:

  1. Give first, second and third readings to 2022-2026 Financial Plan Amendment Bylaw No. 3862, 2022; and
  2. Invite the public to submit their comments on Bylaw No. 3862 to the Corporate Officer, in writing on or before 1:00 p.m. on Tuesday April 20, 2022, and that notice, that Council will be considering adoption of the bylaw, be published to public notice posting places.

7.5

Fees and Charges Amendment Bylaw No. 3838, 2022 for first three readings

Purpose: To introduce an amendment to the Fees and Charges Bylaw to reflect changes in cost of service delivery and changes to services provided.

• Recommendation:

  THAT Council give first, second and third reading to Fees and Charges Amendment Bylaw No. 3838, 2022.

7.6

Crofton Fire Hall Loan Authorization Bylaw No. 3863, 2022 for first three readings

Purpose: To introduce the Crofton Fire Hall Loan Authorization Bylaw to authorize the long-term capital borrowing for the Crofton Fire Hall upgrade project.

• Recommendation:

  THAT Council give first, second and third readings to Crofton Fire Hall Loan Authorization Bylaw No. 3863, 2022;

  AND THAT staff be directed to forward Bylaw No. 3863 and supporting documentation to the Ministry of Municipal Affairs for review and approval by the Inspector of Municipalities.

8.

REPORTS

8.1

Crofton Fire Hall Redevelopment Project Communications & Engagement Strategy

Purpose: To consider the communications plan on how the Municipality proposes to inform and engage with the public regarding the Crofton Fire Hall Redevelopment Project.

• Recommendation:

  THAT Council approve the Crofton Fire Hall Communications and Engagement Strategy as presented in Attachment 1 of the Director of Operation’s report dated April 5, 2022.

8.2

Updated Terms of Reference for the Climate Action and Energy Plan Reserve Fund

Purpose: To consider revising the Climate Action and Energy Plan (CAEP) Reserve Fund Terms of Reference to amend the annual funding split between corporate and community projects, establish community grant application deadlines, review and reporting requirements, and to provide flexibility for staff to take actions that support corporate emissions reductions.

• Recommendation:

  THAT Council replace the Terms of Reference for the Climate Action and Energy Plan Reserve Fund with the Revised Terms of Reference as presented in Attachment 3 to the Director of Engineering Projects report dated April 5, 2022.

8.3

North Cowichan Civic Building – Tender Package 4

Purpose: To award construction contracts for tenders submitted in response to Tender Package 4, interior finishes and landscaping and irrigation works, for the new North Cowichan Civic Building.

• Recommendation:

  THAT Council award the construction contracts for the North Cowichan Civic Building for the following works and services:

  1. C-020 Architectural Woodwork to Milltech Millwork for $854,010 plus GST;
  2. C-024 Acoustical and Suspended Ceilings to Dryco Systems Inc. for $734,700 plus GST; and,
  3. C-038 Landscaping, Irrigation to Milestone Equipment Contracting Inc. for $1,032,414 plus GST.

8.4

2022 Environmental Advisory Committee Workplan

Purpose: To consider the initiatives proposed by the Environmental Advisory Committee (EAC) for action in 2022.

• Recommendation:

  THAT Council:

  1. Endorse the Environmental Advisory Committee’s proposed Workplan, as presented in Attachment 1 of the April 5, 2022 report from the Director of Engineering Projects; and,
  2. Direct staff to work with the Committee Chair to prioritize the items listed in section A of the 2022 EAC Workplan.

8.5

Draft Official Community Plan – Visually Prominent Slopes

Purpose: To provide Council with additional recommended amendments to the draft Official Community Plan (OCP) regarding visually prominent slopes.

• Recommendation:
  1. THAT Council withdraw the March 16, 2022 motion “That Council amend Chapter 10 (Development Permits), Section 10.4 (DPA-4 Hazard Lands) of the draft Official Community Plan by adding visual objectives and development guidelines to achieve those objectives on page 173, in respect to Map 2 documenting Visually Prominent Slopes on page 183.”
  2. THAT Council:
     1. Rename section 3.5 from “Local Area Planning” to “Community Character and Local Area Planning”;
     2. Add additional policies within section 3.5 (Community Character and Local Area Planning), under the heading of “The Municipality Will Strive To” as follows:
        1. Protect long-range views of visually prominent slopes and ridgelines as shown on Map 2 from intrusive development and human alteration.
        2. Preserve the integrity and character of natural ridgelines unbroken by structures, access roads or clear-cuts;
     3. Add an additional policy within section 3.5 (Community Character and Local Area Planning), under the heading of “The Municipality Will Ask Developers To” as follows:
        1. Provide, where appropriate, analysis of the impact of development and subdivision proposals on long-range views of visually prominent slopes and ridgelines as seen from populated areas and scenic roads; and,
     4. Move subsection 4.6.1 (Scenic Roads) from section 4.6 (Transportation) to section 3.5 (Community Character and Local Area Planning).

9.

NOTICES OF MOTIONS

9.1

List of Payables Expended

Purpose: So that Councillor Marsh may introduce the following motion which Council will consider at the April 20, 2022 regular Council meeting:

"THAT staff be directed to prepare, on a quarterly basis, a list of payments for goods and services expended in excess of $10,000, during the previous quarter, to be included in the Consent Agenda."

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)(c) - labour relations or other employee relations.

13.1

Minutes from the closed portion of the March 16, 2022 regular meeting for adoption

13.2

Closed under section 90(1)(c) - personnel matter

13.3

Closed under section 90(1)(c) - personnel matter

14.

RISE AND REPORT

15.

ADJOURNMENT