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.
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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
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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
It was moved and seconded:
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.
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November 6, 2014 Special Council Meeting Minutes
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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
It was moved and seconded:
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
It was moved and seconded:
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
It was moved and seconded:
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
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November 6, 2014 Special Council Meeting Minutes
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7.1. Maple Bay Peninsula – 2013 Rural Character Report
It was moved and seconded:
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)
It was moved and seconded:
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
It was moved and seconded:
That Council approve, in principle, the 2015 Forestry budget, as recommended by the
Forestry Advisory Committee.
CARRIED
8.2. Firewood Contract
It was moved and seconded:
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
It was moved and seconded:
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.
It was moved and seconded:
That Council receive the Revitalization Tax Exemption Program Update report for
information.
CARRIED
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November 6, 2014 Special Council Meeting Minutes
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8.5. Community Infrastructure Partnership Program
It was moved and seconded:
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
It was moved and seconded:
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
It was moved and seconded:
That Council nominate the owner of 7018 Richards Trail for a "Young Entrepreneurial"
Black Tie Award.
CARRIED
8.7. Agritourism Definition
It was moved and seconded:
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
It was moved and seconded:
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
It was moved and seconded:
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
It was moved and seconded:
That Council receive and file the following Council committee minutes:
1. Forestry Advisory Committee - October 17, 2014
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November 6, 2014 Special Council Meeting Minutes
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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
It was moved and seconded:
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
It was moved and seconded:
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
It was moved and seconded:
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:
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November 6, 2014 Special Council Meeting Minutes
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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
It was moved and seconded:
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
It was moved and seconded:
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
It was moved and seconded:
That Council receive and file the November 3, 2014 Community Planning Advisory
Committee minutes.
CARRIED
12. QUESTION PERIOD
No questions were asked of Council.
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November 6, 2014 Special Council Meeting Minutes
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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
It was moved and seconded:
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
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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.
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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
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Report
7030 Trans-Canada Highway | Box 278 | Duncan, BC V9L 3X4
Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca
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.
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7030 Trans-Canada Highway | Box 278 | Duncan, BC V9L 3X4
Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca
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.
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