Municipality of North Cowichan
Council - Regular and Public Hearings
AGENDA

Wednesday, November 16, 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 1# for English, enter the meeting ID 2771 132 1232, 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 regular meeting held October 4, 2022 and their Inaugural meeting held November 2, 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

Quarterly List of Supplier Payments

Purpose: To provide a listing of payments to suppliers totalling over $10,000 in the third quarter of 2022.

• Recommendation:

  THAT Council receive for information the 3rd Quarter Payment Listing (July – September 2022) report.

2.2.2

3rd Quarter Financial Report

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

• Recommendation:

  THAT Council receive for information the 3rd Quarter Financial Report.

2.2.3

Council Strategic Plan - Quarter 3 Update (July 1, 2022 - September 30, 2022)

Purpose: To provide a quarterly status update on projects identified within the 2019-2022 Council Strategic Plan for the period from July 1, 2022 - September 30, 2022, in accordance with the Council Strategic Plan Administration Policy.

• Recommendation:

  THAT Council receive for information the Council Strategic Plan 3rd Quarter Update (July 1, 2022 to September 30, 2022).

2.2.4

Ministry of Forests Re: Meeting during the 119th Annual UBCM Convention

Purpose: To receive the October 24, 2022 letter from Katrine Conroy, Minister of Forests, following up from the meeting with Council during UBCM regarding North Cowichan’s request for funding of the Integrated Flood Management Plan.

• Recommendation:

  THAT Council receive for information the October 24, 2022 letter from the Minister of Forests.

2.2.5

BC Electoral Boundaries Commission Re: Invitation to Provide Information

Purpose: To receive the October 4, 2022 email from Justice Nitya Iyer, Chair of the BC Electoral Boundaries Commission, inviting Council to provide their input on the Commission’s recommendations to update the provincial electoral districts.

• Recommendation:

  THAT Council receive for information the October 4, 2022 letter from the Chair of the BC Electoral Boundaries Commission.

2.2.6

Minister Responsible for Housing Re: Response on Vacancy Control

Purpose: To receive the October 20, 2022 letter from Minister Rankin in response to (former) Mayor Siebring's letter regarding vacancy control.

• Recommendation:

  THAT Council receive for information the October 20, 2022 letter from Minister Rankin.

2.2.7

Minister of Children and Family Development Re: Adoption Awareness Month November

Purpose: To receive the October 31, 2022 letter from Honourable Mitzi Dean, Minister of Children and Family Development, declaring November as Adoption Awareness Month.

• Recommendation:

  THAT Council receive for information the October 31, 2022 letter from the Minister of Children and Family Development.

2.2.8

Cowichan Valley Regional District (CVRD) Board Re: Regional Approach to Fireworks Regulations

Purpose: To receive the October 24, 2022 letter from Lori Iannidinardo, Chair of the CVRD Board, inviting North Cowichan to participate in the development of a regional approach to fireworks regulations.

• Recommendation:

  THAT Council receive for information the October 24, 2022 letter from the Cowichan Valley Regional District Board Chair.

2.2.9

Te'mexw Treaty Association Re: Congratulations to Mayor and Council

Purpose: To receive the November 3, 2022 letter from Ron Sam, Chief of Negotiations, congratulating Council on being elected and inviting members to meet with their negotiation team or arrange a meeting with any of their Nations to discuss treaty related issues.

• Recommendation:

  THAT Council receive for information the November 3, 2022 letter from the Te'mexw Treaty Association.

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 - Chemainus Valley Historical Society

Purpose: Leslie Moore, on behalf of the Chemainus Valley Historical Society, to provide Council with an update on their operations and a brief history of the organization, including services and programs they deliver.

5.2

Amisto Developments Inc. to present proposal for a Cohousing Development

Purpose: Yonas Jongkind, on behalf of Amisto Developments Inc., to present their proposal to develop a cohousing community at 2988 Elliott Street, Chemainus (old Chemainus Elementary School property) to Council.

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 if participating by phone.

7.

BYLAWS

7.1

Paddle Road Housing Agreement Bylaw No. 3886 for first three readings

Purpose: To introduce Bylaw No. 3886, 2022, which proposes to authorize the District to enter into a Housing Agreement with the owner of five properties at the north end of Paddle Road (“Paddle Road residential development”) in order to secure a total of 37 apartment units at below market rental rates, and that at least half (i.e., 19) be constructed within the first 3 phases of development, prior to adopting Zoning Amendment Bylaw No. 3867, 2022 to permit approximately 366 residential units.

• Recommendation:

  THAT Council give first, second, and third readings to Paddle Road Housing Agreement Bylaw No. 3886, 2022.

8.

REPORTS

8.1

Land Swap with Catalyst for continued use of waterline (property disposition)

Purpose: To authorize the disposition of North Cowichan property to Catalyst Paper Corporation in exchange for the acquisition of adjacent property from Catalyst for an existing waterline. 

• Recommendation:

  THAT Council

  1. Approve the disposition of North Cowichan property (a portion of PID: 009-919-881) to Catalyst Paper Corporation in exchange for the acquisition of adjacent property from Catalyst (a portion of PID: 009-024-336) that is not used for the waterline; and,
  2. Authorize the Chief Administrative Officer to sign any agreements and forms required to complete this property transaction.

8.2

Crofton Fire Hall Energy Efficiency Analysis

Purpose: To consider which options from the Crofton Fire Hall Addition and Renovations Energy Study Council wishes to implement to improve the energy efficiency of the new Crofton Fire Hall building.

• Recommendation:

  THAT Council:

  1. Approve a corporate grant and loan totalling $204,375 from the Climate Action and Energy Plan Corporate Reserve Fund; and,
  2. Direct staff to proceed with the proposed design, substantively as described in the Crofton Fire Hall Addition and Renovations Energy Study attached to the October 4, 2022 report from the Director of Operations, and include the options for low flow fixtures, demand controlled ventilation, and electrical improvements to make the Crofton Fire Hall building photovoltaic ready, to improve the building’s energy efficiency.

8.3

2023 Community Resiliency Investment Funding Application

Purpose: To consider which projects (if any) to apply for grant funding through the Union of British Columbia Municipalities’ Community Resiliency Investment program under the FireSmart Community Funding and Supports Stream Program.

• Recommendation:

  THAT Council authorize staff to submit a grant application to the Union of British Columbia Municipalities’ Community Resiliency Investment program under the FireSmart Community Funding and Supports stream for 2023 of up to $200,000 to conduct fuel hazard reduction treatments in the proposed areas in accordance with the Mount Tzouhalem and Maple Mountain Fuel Management Prescriptions.

8.4

UBCM Asset Management Planning Grant Application – Ecological Accounting Process Partnership

Purpose: To seek Council’s endorsement on a joint application submitted to the Union of British Columbia Municipalities (UBCM) Asset Management Planning Grant program in support of a partnership between three municipalities, the Partnership for Water Sustainability and the Mount Arrowsmith Biosphere Region Research Institute, to embed ecological accounting expertise within Vancouver Island University.

• Recommendation:

  THAT Council:

  1. Endorse the joint application with the Regional District of Nanaimo, City of Nanaimo, the Partnership for Water Sustainability and the Mount Arrowsmith Biosphere Region Research Institute to the Union of British Columbia’s Asset Management Planning Grant program for a project to embed ecological accounting expertise within Vancouver Island University;
  2. Direct staff to provide overall grant management; and,
  3. Add a project to the 2022 – 2026 Financial Plan for $30,000 in 2023, 2024 and 2025, funded from the Engineering studies budget.

8.5

Bank Signing Authorities

Purpose: To update the Royal Bank of Canada (RBC) signing Authorities for the Corporation of the District of North Cowichan.

• Recommendation:

  THAT Council authorize the following individuals as signing authorities on the Municipality’s RBC accounts:

  • Mayor, Robert Douglas;
  • Chief Administrative Officer, Edward Swabey;
  • General Manager, Corporate Services, Talitha Soldera;
  • General Manager, Planning, Development and Community Services, George Farkas;
  • Senior Manager, Financial Services, Walter Wiebe;
  • Manager, Legislative Services, Michelle Martineau; and,
  • Deputy Corporate Officer, Tricia Mayea

     

9.

NOTICES OF MOTIONS

10.

UNFINISHED AND POSTPONED BUSINESS

11.

NEW BUSINESS

11.1

Discussion Regarding Council and Committee of the Whole Meeting Times

Purpose: To discuss potential amendments to the Council Procedure Bylaw regarding meeting dates and times, and the potential financial and staff resource implications.

• Recommendation:

  THAT Council direct staff to draft an amendment to the Council Procedure Bylaw to amend:

  1. Section 3 (1) to change the meeting time for the inaugural meeting from the first Wednesday of November in the year of the election to [Council to identify the new day] of November in the year of the election;
  2. Section 4 (2) to change the meeting time for regular Council meetings from 1:30 pm on the first and third Wednesday of each month to [Council to identify time] on [Council to identify the day and which weeks of the month];
  3. Part 7 to add a new section to establish regular Committee of the Whole meetings on [Council to identify time] on [Council to identify the day and which weeks of the month];
  4. Section 15 (1) to remove Public Hearings from the order of business for regular Council meetings; and,
  5. Part 9 to add a new section to establish that Public Hearings shall be conducted on [Council to identify time] pm on [Council to identify the day and which weeks of the month].
• Recommendation:

  THAT Council direct staff to include in the amendment to the Council Procedure Bylaw to add a new section that would cause the first regular Council meeting for the months of January, July and August to be cancelled.

• Recommendation:

  THAT Council direct staff to prepare a report on the financial and staff resource implications related to the proposed changes to the Council Procedure Bylaw.

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/meeting.

• Recommendation:

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

14.

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)(e) - the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality;
  • 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.

14.1

Minutes from the closed portion of the October 4, 2022 regular meeting for adoption

14.2

Closed under section 90(1)(e) - land disposition

14.3

Closed under section 90(2)(b) negotiations with province and third party

15.

RISE AND REPORT

16.

PUBLIC HEARINGS 6:00 P.M.

Mayor Douglas 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 hearing. Written submissions received between 1:00 p.m. on Monday, November 14, 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 hearing, Council may give the bylaw further consideration.

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 Hearings 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.)

16.1

Public Hearing Zoning Bylaw Amendment Bylaw No. 3883 (3833 Gibbins Road), 2022

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. 3883 which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit (garden suite) at 3833 Gibbins Road.

17.

RESUME COUNCIL MEETING TO CONSIDER THE BYLAWS

17.1

Zoning Bylaw Amendment Bylaw No. 3883 (3833 Gibbins Road), 2022

Purpose: To consider third reading and adoption of Zoning Bylaw Amendment Bylaw No. 3883 (3833 Gibbins Road), 2022 following the public hearing.

• Recommendation:

  THAT Council give third reading to "Zoning Amendment Bylaw (3833 Gibbins Road), 2022, No. 3883".

• Recommendation:

  THAT Council adopt "Zoning Amendment Bylaw (3833 Gibbins Road), 2022, No. 3883.

18.

ADJOURNMENT