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

Wednesday, June 15, 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 by joining the meeting electronically 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 2451 974 5695, 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 special and regular meetings held June 1, 2022.

2.1.2

June 7, 2022 Committee of the Whole Recommendations

Purpose: To consider the Committee of the Whole recommendations to Council from their June 7, 2022 meeting.

[Note: June 7, 2022 Committee of the Whole minutes attached for information]

• Recommendation #1: Maple Bay Wharf Replacement Engagement Plan

  THAT Council:

  1. Accept the Maple Bay Wharf Concept Design Support Report (the "Report") prepared by Urban Systems;
  2. Authorize staff to proceed with the Work Plan as described in the Report and report back to Council on the results of the engagement identified in Phase 2 of the Report; and,
  3. Direct staff to submit a letter to the Quw'utsun Tumuhw Committee requesting participation by Cowichan Tribes in the future planning for the Maple Bay Wharf site.
• Recommendation #2: Lift Moratorium on Travel for Conferences

  THAT Council lift their moratorium made on March 18, 2020 on travel for conferences effective February 16, 2022 when the Provincial Health Officer’s Order authorized gatherings and events could take place indoors.

2.1.3

Annual Municipal Report

Purpose: For Council to consider the 2021 Annual Report in an open public meeting and to receive submissions and questions from the public in accordance with section 99 of the Community Charter.

• Recommendation:

  THAT Council accept the 2021 Annual Report.

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

2021 Annual Forestry Report

Purpose: To provide a general summary of the metrics and activities conducted within the Forestry Department in 2021.

• Recommendation:

  THAT Council receive for information the 2021 Annual Forestry Report provided by the Municipal Forester.

2.2.2

Gas Powered Garden Tools

Purpose: To receive the May 28, 2022 email from a North Cowichan resident requesting Council consider implementing a bylaw, as Oak Bay has recently done, to phase out gas powered garden tools.

• Recommendation:

  THAT Council receive for information the May 28, 2022 email from a North Cowichan resident regarding phasing out gas powered garden tools.

3.

APPROVAL OF REGULAR AGENDA

3.1

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 amended.

3.1.1

Remove Waterworks Amendment Bylaw No. 3866, 2022 from the agenda

Purpose: So that the Bylaw may be revised using plain language to maximum the public’s understanding of the information contained within it and to correct the regulations related to new lawns.

3.1.2

Add ‘Municipal Contributions to Affordable Housing Projects’ as a Late Item

Purpose: To add the report from the Director of Planning and Building regarding Municipal Contributions to Affordable Housing Projects to the agenda as a late item under New Business.

4.

MAYOR'S REPORT

5.

DELEGATIONS AND PRESENTATIONS

5.1

Regional Recreation Update

Purpose: John Elzinga, General Manager, Community Services from the Cowichan Valley Regional District (CVRD) to provide a presentation to:

1. update Council on the recent facility-use study that was done at 9 regional recreation facilities, and
2. update Council on the CVRD Board approved funding formula that will guide the new Regional Recreation Service Establishment Bylaw for the referendum in October 2022.

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.

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 on your phone

7.

BYLAWS

7.1

Waterworks Amendment Bylaw No. 3866 for adoption

Purpose: To consider adoption of Waterworks Amendment Bylaw No. 3866 which received first three readings May 4, 2022, and if adopted would add new restrictions to help reduce water consumption during times of peak usage, to help protect water supplies, extend the capacity of the Municipality’s water distribution infrastructure, and to ensure that the Municipality’s water restrictions are consistent with neighboring jurisdictions.

• Recommendation:

  THAT Council adopt "Waterworks Amendment Bylaw No. 3866, 2022".

7.2

Zoning Amendment Bylaw No. 3871 (7167 Bell McKinnon Road) for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3871, 2022, which proposes to amend Zoning Bylaw No. 2950, 1997 to permit a second detached dwelling unit at 7167 Bell McKinnon Road. A staff presentation will be provided at the meeting.

• Recommendation:

  THAT Council:

  1. Give first and second readings to "Zoning Amendment Bylaw No. 3871, 2022" to permit a second detached residential dwelling; and,
  2. Authorize a Public Hearing for "Zoning Amendment Bylaw No. 3871, 2022" and notification in accordance with the Local Government Act.

7.3

Consultation for Official Community Plan Amendment Bylaw No. 3869, 2022

Purpose: To complete the required statutory steps following first reading and prior to second reading of Official Community Plan (OCP) Amendment Bylaw No. 3869, 2022.

• Recommendation:

  THAT Council:

  1. rescind second reading of “Official Community Plan Amendment Bylaw No. 3869, 2022”;
  2. has considered the consultation requirements of s. 475 of the Local Government Act in relation to “Official Community Plan Amendment Bylaw No. 3869, 2022”;
  3. is satisfied that consultation under Section 475 of the Local Government Act in relation to “Official Community Plan Amendment Bylaw No. 3869, 2022” does not need to be early and ongoing;
  4. is satisfied that given the narrow focus of the proposed amendment, that specific consultation on “Official Community Plan Amendment Bylaw No. 3869, 2022” with persons, organizations, and authorities identified in s. 475(2)(b) of the Local Government Act is not required;
  5. direct that “Official Community Plan Amendment Bylaw No. 3869, 2022” be referred to School District 79 with a 30-day response period;
  6. has considered “Official Community Plan Amendment Bylaw No. 3869, 2022” in conjunction with the Cowichan Valley Regional District Solid Waste Management Plan (as amended) and the Cowichan Valley Regional District Central Sector Liquid Waste Management Plan and finds no significant conflicts;
  7. has considered “Official Community Plan Amendment Bylaw No. 3869, 2022” in conjunction with the North Cowichan 2022 Five Year Financial Plan and finds no significant conflict;
  8. give second reading to “Official Community Plan Amendment Bylaw No. 3869, 2022”; and,
  9. direct staff to schedule a public hearing for “Official Community Plan Amendment Bylaw No. 3869, 2022” and to issue notice in accordance with the Local Government Act.

7.4

Proposed Zoning Bylaw Amendment to Harmonize existing Development Permit Guidelines with Development Permit Areas as proposed in the 2022 Official Community Plan

Purpose: To introduce Zoning Amendment Bylaw No. 3873, which proposes to replace Schedule “J” (Development Permit Guidelines) in Zoning Bylaw, No. 2950 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 (OCP).

• Recommendation:

  THAT Council:

  1. Considers first reading of “Zoning Amendment Bylaw No. 3873” at its regular meeting on July 20, 2022; and,
  2. Provides notice in accordance with section 467 of the Local Government Act that no public hearing be held in accordance with section 464 (2) of the Local Government Act.

7.5

Zoning Amendment Bylaw No. 3870 (964 Pacific Place) for first and second reading

Purpose: To introduce Zoning Amendment Bylaw No. 3870, 2022, which proposes to amend Zoning Bylaw No. 2950, 1997 to permit a second detached dwelling at 964 Pacific Place. A staff presentation will be provided at the meeting.

• Recommendation:

  THAT Council deny Zoning Amendment Application ZB000159 to permit a second detached residential dwelling at 964 Pacific Place.

8.

REPORTS

8.1

2023 Budget Timeline and Direction

Purpose: This report provides a draft timeline of the 2023-2027 financial plan for consideration and recommended 2023 budget direction to assist Council with setting expectations for 2023 budget preparation. A staff presentation will be provided at the meeting.

• Recommendation:

  THAT Council approve the budget timeline included in the June 15, 2022 report from the Director, Financial Services;

  AND THAT Council direct staff to work towards ensuring the budget increase for 2023 does not exceed the forecasted 9.26% increase by:

  1. Limiting resource requests for supplemental operating budgets to address only critical capacity issues in core service delivery and advancement of adopted Council plans;
  2. Leveraging grant opportunities and budget reallocations to advance Council Strategic Plan priorities;
  3. Reviewing all departmental budgets to identify possible cost savings and best value for money;
  4. Considering revenue generation options for services that are identifiable to specific users; and,
  5. Limiting capital expenditures funded from current taxation revenue to 10.4% of taxes.

      

8.2

Asset Retirement Obligations Policy

Purpose: To consider the draft Asset Retirement Obligations Policy.

• Recommendation:

  THAT Council approve the Asset Retirement Obligation Policy as attached to the June 15, 2022 report by the Manager, Budgets and Infrastructure.

8.3

Community Childcare Spaces Grant Application

Purpose: To obtain Council support to submit a grant application to the Childcare BC New Spaces Fund for the creation of new and replacement childcare spaces for Parkside Academy Childcare Society.

• Recommendation:

  THAT Council support and authorize staff to submit an application to the Ministry of Education and Childcare - Childcare BC New Spaces Fund, as outlined in the Director of Parks and Recreation's June 15, 2022 report, in partnership with the Parkside Academy Childcare Society for the Morton Way facility, for an estimated amount of $10,000,000.

8.4

Support for Strategic Priorities Fund Capacity Building Stream Grant Application

Purpose: To obtain Council support for the submission of a grant application to the Strategic Priorities Fund Capacity Building Stream for integrating Natural Assets into the Asset Management Plan project.

• Recommendation:

  THAT Council authorize an application to the Canada Community-Building Fund, Strategic Priorities Fund Capacity Building Stream for a grant of up to $200,000 for Integrating Natural Assets into the Asset Management Plan.

9.

NOTICES OF MOTIONS

9.1

Consider scheduling additional meetings over the Summer

Purpose: So that Councillor Marsh may introduce the following motion which Council will consider at the July 15, 2022 regular Council meeting:

"THAT Council discuss with staff whether additional meeting/s besides those set for the OCP, will be required in order to address any of Council’s priorities for this term."

9.2

Review the Standards of Conduct Policy

Purpose:  So that Councillor Sawrie may introduce the following motion which Council will consider at the July 15, 2022 regular Council meeting:

"THAT Council direct staff to review the Standards of Conduct policy and bring a report back to the newly elected Council that includes suggested improvements to the Standards of Conduct policy based on lessons learned from the most recent complaint, and to include other best practices."

10.

UNFINISHED AND POSTPONED BUSINESS

11.

NEW BUSINESS

11.1

Municipal Contributions to Affordable Housing Projects

Purpose: To seek direction on possible financial contributions to the Sherman Road affordable housing project.

• Recommendation:

  THAT Council:

  1. Invite the Community Land Trust to submit a 2023 grant-in-aid application for up to $432,000 for the affordable housing project at 3191 Sherman Road.
  2. Invite the Community Land Trust to submit a permissive tax exemption application for 3191 Sherman Road for an amount equivalent to half the annual property tax.
  3. Commit $75,000 from the Affordable Housing Fund to the affordable housing project at 3191 Sherman Road.

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 on your 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/meeting.

• 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, June 10, 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 (Second Dwelling – 934 Khenipsen Road), 2020, No. 3798

Purpose: The purpose of the Public Hearing is to allow the applicant and the public to make representations to Council respecting matters contained in Bylaw, 2020, No. 3798, which proposes to permit the use of a detached second dwelling at 934 Khenipsen Road.

The order of the Public Hearing, following the Call to Order and explanation of the Public Hearing process, shall be as follows:

• Acceptance of petitions and late correspondence
• Introduction of the proposal
• Summary of correspondence received and published in the Digital Information Package available on the Public Hearings webpage
• Presentation by proponent
• Comments from the public

(Note: The Public Hearing webpage where the Digital Information Packages are published is www.northcowichan.ca/PublicHearings which is updated as submissions are received. Members of Council and the public are encouraged to check the webpage frequently to view all public input.)

15.

RESUME COUNCIL MEETING TO CONSIDER THE BYLAWS

15.1

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

Purpose: To consider third reading and adoption of Zoning Amendment Bylaw (Second Dwelling – 934 Khenipsen Road), 2020, No. 3798 following the public hearing.

• Recommendation:

  THAT Council:

  1. give third reading to "Zoning Amendment Bylaw (Second Dwelling – 934 Khenipsen Road), 2020, No. 3798".
  2. adopt "Zoning Amendment Bylaw (Second Dwelling – 934 Khenipsen Road), 2020, No. 3798".

16.

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.

16.1

Minutes from the closed portion of the June 1, 2022 special and regular meetings for adoption

16.2

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

17.

RISE AND REPORT

18.

ADJOURNMENT