Municipality of North Cowichan Regular Council · PDF file(This first meeting of the new Council is primarily ceremonial) Pages 1. CALL TO ORDER This meeting is open to the public

Municipality of North CowichanRegular Council

AGENDA

Wednesday, December 3, 2014, 1:30 p.m.Municipal Hall - Council Chambers

(This first meeting of the new Council is primarily ceremonial)

Pages

1. CALL TO ORDER

This meeting is open to the public. All representations to Council form part of thepublic record. Proceedings will be streamed live and archived at northcowichan.ca.

2. OATHS OR AFFIRMATIONS 3 - 4

Pursuant to section 120 of the Community Charter, a person elected or appointed tooffice on a council must make an oath or solemn affirmation of office. FormerCouncillor and Freeman Glen Ridgway, QC will administer the oaths and affirmations.

3. MAYOR'S ADDRESS

4. APPROVAL OF AGENDA

Recommendation:

That Council approve the agenda as circulated [or as amended].

5. ADOPTION OF MINUTES 5 - 12

Recommendation:

That Council adopt the minutes of special meeting held November 6, 2014.

6. BUSINESS

6.1 2014 Local Government Election Results 13 - 16

Purpose: To receive the report of the Chief Election Officer on the 2014 generallocal election.

Recommendation:

That Council receive the Chief Election Officer’s November 19, 2014 report onthe 2014 official election results.

6.2 Proposed 2015 Council Meeting Schedule 17 - 18

Purpose: To review and approve the 2015 Regular Council meeting schedule.

Recommendation:

That Council:1. approve the proposed 2015 schedule of regular council meetings;2. cancel its January 7, July 1 and August 5, 2015 regular council meetings;

and3. direct staff to give notice of the 2015 schedule of regular council meetings.

1

6.3 Council and Mayoral Appointments

7. ADJOURNMENT

2

LOCAL GOVERNMENT OFFICERS OATHREGULATION 315/98

B.C. Reg. 315/98

[effective September 23, 1998]

Contents

1. Oath of office

[Provisions of the Local Government Act, RSBC 1996, c. 323, relevant to the enactment of thisregulation: sections 6.6 and 201]

Oath of office

1. The following is prescribed as the oath of office for the purposes of section 201of the Local Government Act:

I, .................. [insert officer's name], do swear/solemnly affirm that:

1. I will truly, faithfully and impartially, to the best of my knowledge, skills andability, execute the office of .................. [insert name of office] to which I havebeen appointed for .................. [insert name of municipality or regionaldistrict for which officer is appointed].

2. I have not received and will not receive any payment or reward, or anypromise of payment or reward, for the exercise of any partiality or otherimproper execution of my office.

Sworn/Affirmed by me, at .................. [place], on .................. [date].

..............................................

[Signature of person swearing/affirming oath]

..............................................

[Signature of person administering oath]

LOCAL GOVERNMENT OFFICERS OATH REGULATION 315/98

B.C. Reg. 315/98 Page 2 of 3 Quickscribe Services Ltd.3

4

1

Municipality of North Cowichan

Special Council

MINUTES

November 6, 2014, 1:30 p.m.

Municipal Hall - Council Chambers

Members Present Mayor Jon Lefebure

Councillor Ruth Hartmann

Councillor John Koury, (from 1:41 to 2:48 p.m.)

Councillor Barb Lines

Councillor Kate Marsh

Councillor Al Siebring

Councillor Jen Woike

Staff Present Dave Devana, Chief Administrative Officer (CAO)

Mark Ruttan, Director of Corporate Services / Deputy CAO

Scott Mack, Director of Development Services

Clay Reitsma, Manager of Engineering (Infrastructure and Environment)

1. CALL TO ORDER

There being a quorum present, Mayor Lefebure called the meeting to order at 1:30 p.m.

2. APPROVAL OF AGENDA AND ADDENDUM

It was moved and seconded:

That Council approve the agenda and addendum, as amended to add the following items:

1. 4.1 Presentation to Household Energy Challenge Winner,

2. 4.2 Clements Centre Society - Crosswalk Request, and

3. move Adjournment after Closed Session.

CARRIED

3. ADOPTION OF MINUTES


That Council adopt the minutes of regular meeting held October 15, 2014, as amended to reflect

the fact that Councillor Koury arrived late.

CARRIED

4. DELEGATIONS & PRESENTATIONS

4.1. Household Energy Challenge Winners

Mayor Lefebure and Councillor Marsh announced the Household Energy Challenge

winners and presented them with prizes. First prize went to the Mills family, second prize

went to Ms. Taylor and Mr. Tousignant, and third prize went to the Battye family.

5

November 6, 2014 Special Council Meeting Minutes

2

4.2. Clements Centre Society - Crosswalk Request

Council received a presentation from representatives from the Clements Centre Society

asking for a crosswalk in front of their building. Council noted that staff is exploring the

options.

4.3. Quarterly RCMP Report - 3rd Quarter, 2014

Council received a report from RCMP Inspector Ray Carfantan regarding his

detachment's work, initiatives, and accomplishments over the previous quarter.

5. PUBLIC INPUT

Council received brief public input from registered speakers regarding items on the agenda.

6. BYLAWS

6.1. "Zoning Amendment Bylaw (No. 10 - Vye Road), 2013", No. 3523


That Council adopt "Zoning Amendment Bylaw (No. 10 - Vye Road), 2013", No. 3523.

CARRIED

6.2. "Local Area Service (Maple Bay Peninsula Road Extension) Amendment Bylaw,

2014", No. 3557


That Council adopt "Local Area Service (Maple Bay Peninsula Road Extension)

Amendment Bylaw, 2014", No. 3557.

CARRIED

(Opposed: Hartmann)

6.3. "Maple Bay Peninsula Roads Loan Authorization Bylaw", No. 3500


That Council approve borrowing from the Municipal Finance Authority of British

Columbia as part of its Spring 2015 Debenture Issue, $2,000,000 dollars as authorized by

“Maple Bay Peninsula Roads Loan Authorization Bylaw”, No. 3500; and further, that

Council ask the Cowichan Valley Regional District to consent to this borrowing over a 25-

year term and include this borrowing in a security issuing bylaw.

CARRIED

(Opposed: Hartmann)

7. UNFINISHED & POSTPONED BUSINESS

6


3

7.1. Maple Bay Peninsula – 2013 Rural Character Report


That Council direct the Director of Development Services to prepare a report on the

possibility of amending the Zoning Bylaw to limit further subdivision on Maple Bay

peninsula.

DEFEATED

(Opposed: Siebring; Lines; Woike; Koury; Lefebure)


That Council direct staff to provide a report as soon as practical regarding proposed

"Zoning Amendment Bylaw (Maple Bay Peninsula Foreshore), 2014", No. 3530, to rezone

foreshore areas to allow for the construction of private docks, recognizing that by

considering this further report, another public hearing is required.

CARRIED

8. REPORTS

8.1. 2015 Forestry Budget


That Council approve, in principle, the 2015 Forestry budget, as recommended by the

Forestry Advisory Committee.

CARRIED

8.2. Firewood Contract


That Council approve, and authorize the Mayor and Director of Corporate Services to

sign, a 5-year agreement with Cowichan Valley School District 79 to purchase firewood

from North Cowichan.

CARRIED

8.3. Revitalization Tax Exemption


That Council approve the Revitalization Tax Exemption application for 6200 Scott Road,

and authorize the Mayor and Director of Corporate Services to sign a revitalization tax

exemption agreement with the property owner.

CARRIED

8.4. Revitalization Tax Exemption Program Update

Councillor Koury left the meeting at 2:48 p.m.


That Council receive the Revitalization Tax Exemption Program Update report for

information.

CARRIED

7


4

8.5. Community Infrastructure Partnership Program


That Council support the Municipality’s participation in the Federation of Canadian

Municipalities' First Nations/Municipal Community Infrastructure Partnership Program

with the Halalt First Nation.

CARRIED

8.6. Non-Farm Use Application - 7018 Richards Trail


That Council authorize the non-farm use application to allow a second residence on 7018

Richards Trail for farm labour to proceed to the Agricultural Land Commission for its

review.

CARRIED


That Council nominate the owner of 7018 Richards Trail for a "Young Entrepreneurial"

Black Tie Award.

CARRIED

8.7. Agritourism Definition


That Council urge the Agricultural Land Commission, through contacting both the office

and its new island members, to review its policy on agritourism within the next 6-months

and provide local government with a clear definition of agritourism uses allowed in the

agricultural land reserve.

CARRIED

8.8. Zoning Bylaw Amendment No. 2950


That Council direct staff to prepare a bylaw to amend the Zoning Bylaw to amend the

definition of motor vehicle, and bring it forward for consideration as soon as practical.

CARRIED

9. CORRESPONDENCE

9.1. City of Nanaimo - Passenger Ferry Service


That Council write a letter to the City of Nanaimo in support of Island Ferry Services

Ltd.'s proposed high-speed passenger-only ferry service between Nanaimo and

Vancouver.

CARRIED

10. REVIEW OF COMMITTEE MINUTES


That Council receive and file the following Council committee minutes:

1. Forestry Advisory Committee - October 17, 2014

8


5

2. Climate Change Advisory Committee - October 23, 2014

3. Agricultural Advisory Committee - October 27, 2014

CARRIED

11. NEW BUSINESS

11.1. Meadow Park Road and Meadow Place Sewer Extension


That Council require Ken and Kim Langkammer, of 2447 Meadow Place, to extend a 200

mm diameter sanitary sewer main from Roome Road to 6265 Meadow Park Road (as

shown on Appendix A) as an excess or extended service pursuant to Section 939 of the

Local Government Act, subject to the following conditions:

1. the Langkammers must pay 100% of the cost to extend the said sewer main;

2. the extension must connect 2456 Meadow Place, 6264 Meadow Park Road and 2447

Meadow Place, the first two of which have failed septic systems and have been

identified by the Island Health Authority as potential environmental health hazards

(with apportionment of costs to be agreed upon by those owners);

3. a restrictive covenant must be registered against the Langkammer property, prior to

commencement of construction, restricting development, if any, to single-family

dwellings;

4. staff must determine the proportion of the cost that will benefit each of the parcels

of land the said sewer main will, if connected, serve; and

5. staff must impose a latecomer charge, with interest, on those parcels of land that

connect to the sewer main over the next 15 years (excluding 2456 Meadow Place and

6264 Meadow Park Road), in order to reimburse the Langkammer’s up front

installation costs to extend the said sewer main as aforesaid.

CARRIED

11.2. Road Use Agreement - Grace Road Area


That Council approve, and authorize the Mayor and Director of Corporate Services to

sign, a Licence of Occupation to haul logs over Municipal land, subject to the conditions

in the Municipal Forester's November 4, 2014 report.

CARRIED

Mayor Lefebure excused himself from the meeting at 3:36 p.m., advising that he believes

he should not be present for the next matter as the applicant made a contribution to his

election campaign. Councillor Hartmann then assumed the Chair as Acting Mayor.

11.3. Zoning Bylaw Amendment Application - 6759 Considine Avenue


That Council direct staff to draft a bylaw to amend the Zoning Bylaw to rezone the old

Maple Bay elementary school site and a portion of Considine Avenue; and further, that

Council require the applicant to provide the following before bylaw adoption:

9


6

1. A cash contribution for trail improvements, as shown in attachment 9 of the October

28, 2014 staff report;

2. Confirmation from a qualified engineer that there are adequate fire flows for the

intended development; and

3. Confirmation from Island Health that an adequate system has been designed for

onsite septic disposal.

CARRIED

Mayor Lefebure returned to the meeting and resumed the Chair at 3:37 p.m.

11.4. Temporary Mobile Home Permit - 7705 Osborne Bay Road


That Council issue a Temporary Mobile Home Permit for 7705 Osborne Bay Road for the

purpose of providing accommodation for a sick or elderly person subject to:

1. The submission of a $150.00 permit fee in future years for renewal of permit;

2. The submission of a satisfactory safety inspection report;

3. The siting and occupancy must be approved by a Building Inspector;

4. Water supply and sewage disposal must be arranged in accordance with the

requirements of the Public Health Inspector; and

5. The submission of a letter promising to remove the temporary trailer after it is no

longer needed for its intended purpose.

CARRIED

11.5. Temporary Mobile Home Permit - 3484 Henry Road


That Council issue a temporary mobile home permit for 3484 Henry Road to

accommodate the owner while the owner’s permanent residence is under construction,

subject to compliance with the Temporary Mobile Home Permit Bylaw, other than,

1. the minimum setback requirements of 8.0 m from any property line,

2. the maximum width of 4.3 m, and,

3. the maximum permitted porch area.

CARRIED

11.6. Review of Committee Minutes


That Council receive and file the November 3, 2014 Community Planning Advisory

Committee minutes.

CARRIED

12. QUESTION PERIOD

No questions were asked of Council.

10


7

13. CLOSED SESSION

Council closed the meeting to the public at 4:15 p.m. on the basis of section (90) (1) (e) [land

acquisition], (f) [bylaw enforcement], and (k) [provision of municipal service] of the Community

Charter, and rose and reported on the following:

13.1. Rosedale Manor Bylaw Enforcement Action


That Council postpone prosecution of Rosedale Manor for contravening Municipal

bylaws until staff prepares a report on the merits of amending the Zoning Bylaw to

consider allowing short-term rentals in the new Zoning Bylaw.

CARRIED

14. ADJOURNMENT

The meeting ended at 4:50 p.m.

________________________________ ________________________________

Signed by

Mayor or Presiding Member

Certified by

Director of Corporate Services

11

12

Report

7030 Trans-Canada Highway | Box 278 | Duncan, BC V9L 3X4

Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca

Date November 25, 2014 File: 4200-01

To Council

From Mary Beth MacKenzie, Chief Election Officer Endorsed:

Subject 2014 Local Government Election Results

Purpose

The purpose of this report is to satisfy Section 148 of the Local Government Act which requires the Chief

Election Officer to submit a report of the election results to Council within 30 days of the declaration of

the official results.

Discussion

On November 15, 2014, qualified electors of the Municipality of North Cowichan cast ballots to elect a

Mayor and six Councillors, and also voted on an opinion question on whether to conduct a study to

explore the costs and benefits of the amalgamation of the municipalities of North Cowichan and

Duncan.

A considerable amount of work was required to prepare for the 2014 election. In addition to the many

recent changes to the Local Government Act, which establishes rules and procedures for elections, the

Province also introduced the Local Elections Campaign Financing Act in May 2014. I was fortunate to

have Alyssa Meiner as the Deputy Chief Election Officer this year, as well as a team of seasoned and

professional election officials at each voting place. Most of the election officials have been involved

with elections for a number of years, and are familiar with election rules and procedures.

The introduction of vote counting machines this year offered electors the opportunity to correct errors

on their ballots before their ballots were accepted by the machine, ensuring that no voter was

disenfranchised. Election results were produced quickly, with preliminary results from all voting places

emailed to candidates and the media just 29 minutes after the close of general voting.

Voter turnout has been slowly increasing over the past few years - 25% in 2005; 30% in 2008; 32.3% in

2011; and 35.9% in 2014. I am encourage by the trend.

After each election, we review comments from the public and election officials and explore ways to

improve our procedures for the next election. Many of the ideas suggested in 2011 were implemented

this year, and we will review this year’s suggestions and consider them in 2018. I would be pleased to

receive comments and suggestions from Council.

The 2014 official election results required under Section 135 of the Local Government Act are attached.

Recommendation

That Council receive the Chief Election Officer’s November 19, 2014 report on the 2014 official election

results.

13

http://www.bclaws.ca/civix/document/LOC/complete/statreg/--%20L%20--/Local%20Government%20Act%20%5bRSBC%201996%5d%20c.%20323/00_Act/96323_04.xml#section148

14

DECLARATION OF 2014 OFFICIAL ELECTION RESULTS

For the Office of MAYOR

Municipality of North Cowichan

Name

Jon Lefebure

John Koury

Damir Wallener

Advance

403

289

144

Municipal Hall

164

246

91

Quamlchan

611

622

224

Mi. Prevost

586

581

246

Maple Bay

632

645

231

Crofton

219

225

152

Chemainus

619

410

323

Total

3234

3018

1411

For the Office of COUNCILLOR

Name

Rob Douglas

Tom Walker

Al Siebring

Kate Marsh

Maeve Maguire

Joyce Behnsen

Paul Fletcher

Greg Robson

Dave Haywood

Ron Waller

Jenni Capps

Lura McCallum

George Gates

Jim Fane

NickCaumanns

Peggy Bran

Jagtar Singh Mann

Heather Campbell

Laurie Thomson

Jeffrey Motley

Advance

393

359

331

304

273

249

189

262

186

165

170

170

185

IB 7

152

123

15S

98

133

37

Municipal Hall

209

233

206

1GG

129

177

145

139

150

76

110

97

80

89

102

33

96

70

70

26

Quamlchan

6SS

718

609

570

448

420

496

477

427

199

288

292

258

258

286

168

207

209

149

50

Mt. Prevost

741

541

526

556

483

458

447

348

349

177

376

354

265

244

270

141

275

213

187

73

Maple Bay

609

613

655

557

601

447

445

494

467

181

237

351

333

28S

362

216

194

173

213

84

Crotton

288

278

235

225

178

186

146

135

138

195

151

89

94

111

109

191

71

90

74

19

Chemainus

538

644

491

602

373

340

227

223

264

736

280

190

299

341

200

212

119

155

154

90

TotaJ

34G6

3391

3053

2987

2-135

2277

2095

2O7S

1981

1729

1662

1543

1514

1488

14S1

1134

1120

1008

9S0

379

Opinion Question

Are you in favour of conducting a study to explore the costs and benefits of the

amalgamation of the municipalities of North Cowichsn and Duncan?

Ye$

No

Advance

430

252

Municipal Hall

296

132

Quamlchan

935

281

M!. PrevosJ

913

325

Maple Bay

933

343

CroHqn

313

211

Chemainus

526

521

Total

4446

2065

Having completed the determination of the official election results as required under Section 135 of the Local Government Act, I Mary Beth MacKensie,

Chief Election Officer, declare elected Jon Lefebure, who received the highest number of valid votes for the office of Mayor. I further declare elected Rob

Douglas, Tom Walker, Al 5iebring, Kate Marsh, Maeve Maguire and Joyce Behnsen who received the highest number of valid votes for the office of

Councillor.

Mary Beth MacKenzie, Chftf Election Officer. November 19, 2014

15

16

Report



Date October 16, 2014 File: 0570-30

To Council

From Mary Beth MacKenzie, Deputy Director of Corporate Services Endorsed:

Subject Proposed 2015 Council Meeting Schedule

Purpose

The purpose of this report is to recommend that Council set, and give notice of, its 2015 regular

council meeting schedule.

Discussion

Section 127 of the Community Charter requires Council to annually make available to the public a

schedule of the date, time and place of its regular council meetings. Notice of the availability of the

schedule must be given through newspaper publication and posting at its public notice posting places.

Section 4 (2) of the Council Procedure Bylaw requires that regular council meetings be held on the first

and third Wednesday of each month at 1:30 p.m. When a regular meeting falls on a statutory holiday,

as it will on July 1, 2015, the meeting must be held the following day. Alternatively, Council may, by an

affirmative vote of at least 2/3 of the Council members present, cancel an upcoming regular council

meeting or reschedule it to another date and time that is not a holiday. In accordance with Council’s

general practice in recent years, it’s recommended that Council cancel its regular council meetings on

the first Wednesday in January, July and August.

For information, conferences typically attended by some or all of Council will be held as follows:

Apr. 10 – 12 Association of Vancouver Island and Coastal Communities;

Jun. 5 – 8 Federation of Canadian Municipalities;

Sep. 21 – 25 Union of B.C. Municipalities conference will be held September 21 – 25, 2015.

Recommendation

That Council:

1. approve the proposed 2015 schedule of regular council meetings;

2. cancel its January 7, July 1 and August 5, 2015 regular council meetings; and

3. direct staff to give notice of the 2015 schedule of regular council meetings.

17

http://www.bclaws.ca/civix/document/LOC/complete/statreg/--%20C%20--/41_Community%20Charter%20%5bSBC%202003%5d%20c.%2026/00_Act/03026_05.xml#section127



2015 Schedule of North Cowichan Regular Council Meetings

January 21

February 4

February 18

March 4

March 18

April 1

April 15

May 6

May 20

June 3

June 17

July 15

August 19

September 2

September 16

October 7

October 21

November 4

November 18

December 2

December 16

All regular council meetings will begin at 1:30 p.m.

And be held in the North Cowichan Municipal Hall,

7030 Trans Canada Highway, North Cowichan, BC.

18

Documents

Municipality of North Cowichan Regular Council · PDF file(This first meeting of the new Council is primarily ceremonial) Pages 1. CALL TO ORDER This meeting is open to the public