Municipality of North Cowichan
Regular Council
AGENDA

Tuesday, February 21, 2023 at 4:00 P.m. - 5:00 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 2772-223-0157, 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.

CLOSED SESSION

Any matters that must or may be closed to the public in accordance with section 90 of the Community Charter shall appear here. A resolution of Council must be passed during the open portion which states that the remainder of the meeting is to be closed, including the basis under the applicable subsection.

2.1

Resolution to close the meeting to the public

• Recommendation:

  THAT Council close the meeting at       p.m. to the public on the basis of the following sections of the Community Charter:

  • 90(1)(c) - labour relations or other employee relations;
  • 90(1)(g) - litigation or potential litigation affecting the municipality; 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.

2.2

Approval of in-camera meeting agenda

2.3

Adoption of in-camera minutes

2.4

In-camera meeting items

2.4.1

Closed under section 90(1)(c) - Labour Matter

2.4.2

Section 90(1)(g) Potential Litigation

2.4.3

Section 90(2)(b) Provincial Grant Negotiations

2.5

Rise and Report by 5:00 p.m.

3.

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.

3.1

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. 

3.1.1

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.

• THAT Council adopt the minutes of their regular meeting held February 1, 2023.

3.1.2

Community Emergency Preparedness Fund Grant

Purpose: To seek Council endorsement of an application by the Cowichan Valley Regional District (CVRD) for a Union of BC Municipalities (UBCM) Community Emergency Preparedness Fund (CEPF) Grant for growth and improvements to the regional emergency management model.

• THAT Council:

  1. Support an application by the Cowichan Valley Regional District to receive and manage the Union of BC Municipalities Community Emergency Preparedness Fund - Emergency Operations Centre (EOC) 2023 grant funding up to $150,000 on behalf of the Municipality of North Cowichan to purchase EOC equipment, a field observation unit, and radio communications equipment;
  2. Support an application by the Cowichan Valley Regional District to receive, and manage the Union of BC Municipalities Community Emergency Preparedness Fund - Emergency Support Services (ESS) 2023 grant funding up to $150,000 on behalf of the Municipality of North Cowichan to purchase ESS equipment, laptop storage carts, group lodging supplies, reception centre kits, and to upgrade the ESS trailer; and,
  3. Support an application by the Cowichan Valley Regional District to receive, and manage the 2023 Union of BC Municipalities Community Emergency Preparedness Fund - for Public Notification and Evacuation Route Planning grant funding up to $150,000 on behalf of the Municipality of North Cowichan. This grant funding will help develop evacuation route plans for Lake Cowichan, Saltair, Chemainus, the Town of Ladysmith, North Diamond, Maple Bay, Genoa Bay, Crofton, Westholme and Mount Sicker.

3.1.3

Committee of the Whole meeting Recommendation for Endorsement

Purpose: To endorse February 7, 2023 Committee of the Whole's Committee Structure Review recommendations.

(Note: Included with the draft minutes are copies of the original policy and terms of reference considered by the Committee of the Whole (COW), noted as ‘Redline Version’ to depict the changes recommended by the COW and as ‘Final Version’ for Council to consider adopting)

• Recommendation #1:

  THAT Council approve the Council Advisory Body Policy appended to agenda item 3.1.2 as Attachment 2.

• Recommendation #2:

  THAT Council approve the revised Terms of Reference for the Environmental Advisory Committee appended to agenda item 3.1.2 as Attachment 4.

• Recommendation #3:

  THAT Council approve the revised Terms of Reference for the Forestry Advisory Committee appended to agenda item 3.1.2 as Attachment 6.

• Recommendation #4:

  THAT Council direct Staff to consult with Cowichan Nation to determine whether continued representation from First Nations on the Forestry Advisory Committee is necessary, given the recently established Memorandum of Understanding between the Municipality of North Cowichan and Cowichan Nation.

3.2

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. 

3.2.1

Council Strategic Plan - Quarter 4 Update (October 1, 2022 - December 31, 2022)

Purpose: To provide a quarterly status update on projects identified within the 2019-2022 Council Strategic Plan for the period from October 1, 2022 - December 31, 2022, in accordance with the Council Strategic Plan Administration Policy.

• Recommendation:

  THAT Council receive for information the Council Strategic Plan 4th Quarter Update (October 1, 2022 to December 31, 2022).

3.2.2

Financial Implications of Committees

Purpose: To provide information on the financial resources needed for Standing and Select Committees.

• THAT Council receive for information the Financial Implications of Committees report.

3.2.3

Heritage BC re: Heritage Week Annual Celebration February 20 - 26, 2023

Purpose: To receive the January 27, 2023 letter from Heritage BC requesting that Council promote awareness and advocate for heritage celebration during the week of February 20 - 26, 2023, such as becoming a member of Heritage BC or consider introducing financial incentives to building conservation that are predicated on the inclusion of seismic upgrading.

(Note: North Cowichan does not issue proclamations in accordance with Council Proclamations Policy)

• Recommendation:

  THAT Council receive for information the January 27, 2023 letter from Heritage BC.

3.2.4

Miya Regier re: COVID-19 Vaccination Requirement for Health Professionals

Purpose: To receive the January 30, 2023 email from Miya Regier requesting that Council contact Dr. Bonnie Henry and the Honourable Adrian Dix, Minister of Health, to ask why unvaccinated nurses can work in other provinces, but not in British Columbia.

• Recommendation:

  THAT Council receive for information the January 30, 2023 email from Miya Regier.

3.2.5

Association of Vancouver Island and Coastal Communities (AVICC) Re: Input Requested - Blue Economy Regulatory Review

Purpose: To receive the February 7, 2023 email from AVICC which includes an email from the Blue Economy Strategy Secretariat requesting Council's feedback on the Blue Economy Regulatory Review.

• Recommendation:

  THAT Council receive for information the February 7, 2023 email from Association of Vancouver Island and Coastal Communities.

3.2.6

Cowichan Lake and River Stewardship Society (CLRSS) Re: Witnessing the Water - an authentic relationship

Purpose: To receive the February 9, 2023 letter from Judy Brayden, CLRSS Witnessing the Water Project Lead, requesting Council's support by acknowledging the principle behind the book “Witnessing the Water - an authentic relationship”.

• Recommendation:

  THAT Council receive for information the February 9, 2023 letter from Cowichan Lake and River Stewardship Society.

3.2.7

Ministry of Transportation and Infrastructure (MoTI) re: Request for Reconsideration of Decision regarding 9090 Trans-Canada Highway

Purpose: To receive the letter from Michael Pearson, Director, Transportation, Vancouver Island District, MoTI, in response to Mayor Douglas’ January 24, 2023 letter requesting that MoTI reconsider their decision to require primary access for the 9090 Trans-Canada Highway development from Henry Road.

• Recommendation:

  THAT Council receive for information the letter from Ministry of Transportation and Infrastructure for information.

4.

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].

5.

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.

6.

DELEGATIONS

Delegations appear before Council in order to make a presentation, enter a request for action, or bring Council up to date on a project, idea, or concept, or to provide further information on an issue currently before Council for a decision. Delegations are limited to 10 minutes to make their address to Council unless extended by a unanimous vote of all Council members present. A delegation may not address Council on a bylaw for which a public hearing has been held or where a public hearing is required.

7.

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.

8.

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.

8.1

Zoning Bylaw Amendment Bylaw No. 3891 (Retaining Walls & Fences) & Building Bylaw Amendment Bylaw No. 3892 (Retaining Walls) Revisions

Purpose: To consider amending:

1. Zoning Bylaw Amendment Bylaw No. 3891 (Retaining Walls) prior to consideration of third reading.
2. Building Bylaw Amendment Bylaw No. 3892 (Retaining Walls) prior to consideration of third reading.

• Recommendation #1:

  THAT Council amend Zoning Amendment Bylaw No. 3891, 2022 by:

  1. Striking out the last sentence in of the definition for “retaining wall” in Section 2 and inserting “Retaining walls may also form a system containing one or more terraced retaining walls” in its place;
  2. Replacing the definition of “guardrail” in Section 3 with “guardrail means a barrier such as a bar or a rail placed along the edge of something such as a retaining wall or staircase so as to improve safety and prevent falls”;
  3. Updating Section 6 to add “except where such retaining wall is authorized in an accepted grading plan within the subdivision process” to the end of subsection 37.1 (7);
  4. Updating Section 6 to add “except where authorized on an accepted grading plan within the subdivision process” to the end of subsection 37.2 (1);
  5. Updating Section 6 to replace subsection 37.2 (2) with “No retaining wall in any location shall be greater than 2 m in height, except where authorized on an accepted grading plan within the subdivision process”;
  6. Updating Section 6 to add “except where the retaining wall is authorized on an accepted grading plan within the subdivision process, in which case the fence component of a combined retaining wall and fence shall be subject to the maximum fence heights specified in subsection 37.1(8)” to the end of subsection 37.2 (5);
  7. Updating Section 6 to insert “37.1 (2) “Measuring Height” and subsection” immediately after “Notwithstanding subsection” in subsection 37.2 (7);
  8. Updating Section 6 to replace Subsection 37.2 (8) with “Terraced retaining walls must be constructed such that the distance between the two opposing faces of adjacent terraced retaining walls are not less than the height of the retaining wall with the greater height,” and replacing the illustration with the one depicted in Attachment 1; and,
  9. Updating Section 6 to strike out subsection 37.2 (13) and move the illustration to subsection 37.2 (12).
• Recommendation #2:

  THAT Council give third reading to “Zoning Amendment Bylaw No. 3891, 2022” as amended.

• Recommendation #3:

  THAT Council rescind third reading of “Building Amendment Bylaw No. 3892, 2022”.

• Recommendation #4:

  THAT Council amend “Building Amendment Bylaw No. 3892, 2022” by:

  1. Inserting “Building Bylaw No. 3172, Section 2 [Application] is hereby amended by striking out section (2)(b) retaining structures” as a new section in Bylaw No. 3892; and,
  2. Replacing the definition for “retaining wall in Section 3 with “retaining wall means a vertical or near-vertical structure constructed to hold back Geotechnical Materials and safely deal with any hydrostatic pressure. Retaining Walls can be created out of a variety of structural and Geotechnical Materials. Retaining Walls typically stabilize soil and rock against downslope movement and provide lateral support for steep to vertical grade changes (Engineers and Geoscientists of BC definition, February 25, 2020)”.
• Recommendation #5:

  THAT Council give third reading to “Building Amendment Bylaw No. 3892, 2022” as amended.

8.2

Five Year Financial Plan Bylaw No. 3896, 2023 for first three readings

Purpose: To introduce Five Year Financial Plan Bylaw No. 3896, 2023, which sets out the Municipality’s objectives and policies for the period from 2023 to 2027.

• THAT Council give first, second and third readings to Five Year Financial Plan Bylaw No. 3896, 2023.

8.3

Sewer and Water Parcel Tax Amendment Bylaw No. 3893 for first three readings

Purpose: To introduce an amendment to the Sewer and Water Parcel Tax Bylaw No. 3860 to establish utility parcel tax rates for 2023-2027.

• THAT Council give first, second and third reading to Sewer and Water Parcel Tax Amendment Bylaw No. 3893, 2023.

8.4

Fees and Charges Amendment Bylaw 3894, 2023 for first three readings

Purpose: To introduce Fees and Charges Amendment Bylaw 3894, 2023, which proposes establishing fees over multiple years and updating the fees in relation to development permit applications, water, sewer, curbside collection and wharves.

• THAT Council give first, second and third readings to Fees and Charges Amendment Bylaw No. 3894, 2023.

8.5

Delegation of Authority Amendment Bylaw No. 3895, 2023 for first three readings

Purpose: To introduce Delegation of Authority Amendment Bylaw No. 3895, 2023, to remove the Audit Committee from the Delegation of Authority Bylaw.

• THAT Council give first, second and third reading to “Delegation of Authority Amendment Bylaw No. 3895, 2023”.

9.

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.

9.1

North Cowichan Investment Policy

Purpose: To establish guidelines for municipal staff to adhere to when investing public funds.

• THAT Council approve the Investment Policy as drafted and attached to the Senior Manager, Financial Services’ report dated February 21, 2023.

9.2

Official Community Plan and In-Stream Development Applications

Purpose: To consider options for in-stream rezoning applications impacted by the new Official Community Plan (OCP).

• THAT Council:

  1. Direct staff to initiate an amendment to Official Community Plan Bylaw No. 3900 for 1771 Robert Street to be presented at a future meeting concurrently with Zoning Amendment Application ZB133;
  2. Direct staff to initiate an amendment to Official Community Plan Bylaw No. 3900 for 2083 Indian Crescent to be presented at a future meeting concurrently with Zoning Amendment Application ZB83;
  3. Deny Zoning Amendment Application ZB161 (6409 Wicks Road) due to it being inconsistent with the land use designation in the Official Community Plan;
  4. Deny Zoning Amendment Application ZB164 (Lot 2, Moose Road) due to it being inconsistent with the land use designation in the Official Community Plan; and,
  5. Deny Zoning Amendment Application ZB127 (7022 Bell McKinnon Road) due to it being inconsistent with the land use designation in the Official Community Plan.

10.

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.

10.1

1987 Cowichan Estuary Environmental Management Plan

Purpose: So that Councillor Toporowski may introduce the following motion which Council will consider at the March 1, 2023 regular Council meeting:

"THAT Council direct the Mayor to write a letter to the Province requesting that the Province amend the 1987 Cowichan Estuary Environmental Management Plan to reflect the current scientific knowledge of the role of estuaries in the ecosystem, land ownership and uses, and climate change; AND to request support from the following organizations:

• Cowichan Tribes;
• Cowichan Valley Regional District;
• City of Duncan; and.
• Cowichan Estuary Restoration and Conservation Association (CERCA)"

10.2

Federation of Canadian Municipalities (FCM) Annual Convention

Purpose: So that Councillor Justice may introduce the following motion which Council will consider at the March 1, 2023 regular Council meeting:

"THAT Council amend the Council Conference Attendance Policy by striking out “the Mayor, and one Councillor (randomly selected) is” in subsection 3.1 and inserting “all members of Council are” to enable all members to attend the FCM annual convention.”

10.3

Use of Mount Richards Trails by Mountain Bikers

Purpose: So that Councillor Istace may introduce the following motion which Council will consider at the March 1, 2023 regular Council meeting:

"THAT Council refer the matter of sport tourism to the Economic Development Committee and ask that they further investigate the proposal submitted by the Cowichan Trails Stewardship Society to develop Mount Richards for mixed-use outdoor recreation that encompasses cycling, and that the Committee make a recommendation to Council that considers the economic, social, and environmental impacts that cycling may pose to Mount Richards and other user groups.”

11.

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.

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.

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.

14.

ADJOURNMENT

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