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Municipality of North Cowichan Regular Council …...That Council schedule a special council meeting...

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Municipality of North Cowichan Regular Council AGENDA Wednesday, October 19, 2016, 1:30 p.m. Municipal Hall - Council Chambers Pages 1. CALL TO ORDER This meeting is open to the public. All representations to Council form part of the public record. Proceedings will be streamed live and archived at northcowichan.ca. 2. APPROVAL OF AGENDA Recommendation: That Council approve the agenda as circulated [or as amended]. 3. ADOPTION OF MINUTES 5 - 18 Recommendation: That Council adopt the following minutes: 1. October 5, 2016 Regular Council meeting; 2. October 5, 2016 Committee-of-the-whole meeting; 3. October 11, 2016 Committee-of-the-whole meeting; 4. October 13, 2016 Special Council meeting. 3.1 Official Community Plan Purpose: To request a report from staff on potential amendments to the Official Community Plan, as recommended by the Committee-of-the-whole on October 11, 2016. Recommendation: That Council direct staff to provide a report on the proposed amendments to the Official Community Plan, as presented in the Director of Development Services' October 11, 2016 report. 3.2 Donnay Drive Rezoning Purpose: To set a time to debate and vote on the proposed Donnay Drive rezoning bylaw. Recommendation: That Council schedule a special council meeting for October 28, 2016, at 11:30 a.m. (immediately following the joint meeting with the City of Duncan) to debate and vote on "Zoning Amendment Bylaw (No. 2 - Donnay Drive), 2016", No. 3614. 1
Transcript
Page 1: Municipality of North Cowichan Regular Council …...That Council schedule a special council meeting for October 28, 2016, at 11:30 a.m. (immediately following the joint meeting with

Municipality of North CowichanRegular Council

AGENDA

Wednesday, October 19, 2016, 1:30 p.m.Municipal Hall - Council Chambers

Pages

1. CALL TO ORDERThis meeting is open to the public.  All representations to Council form part of the publicrecord. Proceedings will be streamed live and archived at northcowichan.ca.

2. APPROVAL OF AGENDA

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

3. ADOPTION OF MINUTES 5 - 18

Recommendation:That Council adopt the following minutes:

1. October 5, 2016 Regular Council meeting;2. October 5, 2016 Committee-of-the-whole meeting;3. October 11, 2016 Committee-of-the-whole meeting;4. October 13, 2016 Special Council meeting.

3.1 Official Community PlanPurpose: To request a report from staff on potential amendments to the OfficialCommunity Plan, as recommended by the Committee-of-the-whole on October11, 2016.

Recommendation:That Council direct staff to provide a report on the proposed amendments to theOfficial Community Plan, as presented in the Director of Development Services'October 11, 2016 report.

3.2 Donnay Drive RezoningPurpose: To set a time to debate and vote on the proposed Donnay Driverezoning bylaw.

Recommendation:That Council schedule a special council meeting for October 28, 2016, at 11:30a.m. (immediately following the joint meeting with the City of Duncan) to debateand vote on "Zoning Amendment Bylaw (No. 2 - Donnay Drive), 2016", No. 3614.

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4. DELEGATIONS & PRESENTATIONS

4.1 RCMP Quarterly Report 19 - 31Purpose: To hear from Inspector Ray Carfantan regarding the RCMPDetachment's 3rd Quarter activities (July through September 2016).

4.2 Our Cowichan 32 - 32Purpose: To hear from Cindy Lise, Regional Facilitator for Our Cowichanregarding smoking cessation strategy.

4.3 Draft Cowichan Valley Watershed Atlas 33 - 33Purpose: To hear from Keith Lawrence from the Cowichan Valley Regional Districtregarding the Draft Cowichan Valley Watershed Atlas.

5. PUBLIC HEARINGS AND MEETINGS

5.1 Notice on Title - 3386 Henry Road 34 - 35Purpose: To consider whether to register a notice on the property title of 3386Henry Road regarding unauthorized construction, after hearing from staff andthe owner. 

Recommendation:That Council:

1. confirm the recommendations of the Manager of Building and Complianceregarding 3386 Henry Road contained in his September 7, 2016 report; and

2. direct the Corporate Officer to file a notice in the Land Title Office (statingthat Council has passed a resolution under section 57 of the CommunityCharter and that further information about it may be inspected at theMunicipal Hall).

5.2 Public Hearing - 5404 Gore Langton Road 36 - 48Purpose: To hear from the public and afterwards vote on Bylaw 3633 regardingthe proposed amendment to the Rural Restricted Zone (A3) to allow a maximumof 2 residential buildings, with a total combined maximum of 2 dwelling units, on5404 Gore Langton Road.

Recommendation:That Council read a third time "Zoning Amendment Bylaw (No. 11 - GoreLangton), 2016", No. 3633.

Recommendation:That Council adopt "Zoning Amendment Bylaw (No. 11 - Gore Langton), 2016",No. 3633.

6. PUBLIC INPUTOpportunity for brief verbal input regarding agenda items from registered speakers.

7. BYLAWS

7.1 Bylaw 3623 - "Flood Protection Loan Authorization Bylaw, 2016" 49 - 51Purpose: To consider adopting Bylaw 3623.

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Recommendation:That Council adopt Bylaw No. 3623 “Flood Protection Loan Authorization Bylaw,2016”.

Recommendation:That Council direct staff to apply for a certificate for approval of Bylaw 3623.

7.2 Bylaw 3632 - "Zoning Amendment Bylaw (No. 10 - Trans-Canada Hwy), 2016" 52 - 59Purpose: To review the staff report regarding possible restricted uses  (requestedby Council September 21, 2016), consider reading Bylaw 3632 a second time asamended, and require a restrictive covenant.

Recommendation:That Council read a second time "Zoning Amendment Bylaw (No. 10 – Trans-Canada Highway), 2016", No. 3632.

Recommendation:That Council require registration of a restrictive covenant prior to consideringwhether to adopt "Zoning Amendment Bylaw (No. 10 – Trans-Canada Highway),2016", No. 3632, that prohibits the following uses:

1. accessory dwelling unit;2. bed and breakfast;3. home-based business;4. night club;5. single family dwelling.

8. REPORTS

8.1 Tax Sale Report 60 - 60Purpose: To review the Director of Financial Services' September 26, 2016 reportregarding North Cowichan's tax sale.

Recommendation:That Council receive, for information, the Director of Financial Services'September 26, 2016 report regarding North Cowichan's tax sale.

8.2 Licence of Occupation - Cowichan Green Community 61 - 67Purpose: To consider endorsing the Cowichan Farm Incubator site plan andallowing a portable building to be sited below the minimum flood constructionlevel.

Recommendation:That Council

1. endorse Cowichan Green Community’s Incubator Seed Farm site plan datedSeptember 7, 2016, subject to the existing shed being moved out of thestatutory right-of-way, and

2. exempt Cowichan Green Community from the flood construction levelrequirements in Section 14 of the Zoning Bylaw, for the sole purpose ofinstalling a portable farm building.

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8.3 Award of Tender - Wastewater Screening and Disinfection 68 - 69Purpose: To award the tender to construct the Joint Utility Board wastewatertreatment facility.

Recommendation:That Council accept the October 11, 2016 tender from Ridgeline Mechanical Ltd.,in the amount of $731,744.77, plus GST, to undertake the Joint Utility BoardWastewater Treatment Facility Influent Screening and Effluent DisinfectionUpgrades.

9. CORRESPONDENCE

9.1 Cowichan Valley Regional District 70 - 70Purpose: To provide a letter of support for the implementation of a MunicipalRegional District Tax for tourism marketing.

Recommendation:That Council support the implementation of tax for tourism marketing.

10. NOTICE OF MOTIONS

11. NEW BUSINESS

12. QUESTION PERIODPublic opportunity to ask brief questions regarding the business of this meeting.

13. CLOSED SESSIONThat Council close the meeting to the public on the basis of section (90)(1) (a) [appointment] and (f) [law enforcement] of the Community Charter.

14. ADJOURNMENT

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Municipality of North Cowichan

Committee of the Whole

MINUTES

October 5, 2016, 12:00 p.m.

Municipal Hall - Committee Room

Members Present Mayor Jon Lefebure

Councillor Joyce Behnsen

Councillor Rob Douglas

Councillor Kate Marsh

Councillor Al Siebring

Members Absent Councillor Maeve Maguire

Councillor Tom Walker

Staff Present Dave Devana, Chief Administrative Officer (CAO)

Mark Ruttan, Director of Corporate Services / Deputy CAO

Scott Mack, Director of Development Services

David Conway, Director of Engineering and Operations

Ernie Mansueti, Director of Parks and Recreation

Nancy Tates, Executive Assistant

1. CALL TO ORDER

There being a quorum present, the meeting was called to order at 12:00 p.m.

2. APPROVAL OF AGENDA

It was moved and seconded:

That the Committee approve the agenda as amended to add a closed session to discuss

whether to obtain a legal opinion.

CARRIED

3. CLOSED SESSION

Council closed the meeting to the public at 12:10 p.m. on the basis of section 90 (1) (i) [legal

advice] of the Community Charter. Council rose without reporting at 12:30 p.m.

4. BUSINESS

4.1 2016 Union of BC Municipalities Convention

Council members shared their impressions regarding meetings and conference sessions

they each attended at the Union of BC Municipalities' recent annual convention.

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5. ADJOURNMENT

Council adjourned the meeting at 1:15 p.m.

________________________________ ________________________________

Signed by Mayor Certified by Corporate Officer

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Municipality of North Cowichan

Regular Council

MINUTES

October 5, 2016, 1:30 p.m.

Municipal Hall - Council Chambers

Members Present Mayor Jon Lefebure

Councillor Joyce Behnsen

Councillor Rob Douglas

Councillor Maeve Maguire

Councillor Kate Marsh

Councillor Al Siebring

Members Absent Councillor Tom Walker

Staff Present Dave Devana, Chief Administrative Officer (CAO)

Mark Ruttan, Director of Corporate Services / Deputy CAO

Scott Mack, Director of Development Services

Michael Mark, Manager of Building and Compliance

David Conway, Director of Engineering and Operations

Ernie Mansueti, Director of Parks and Recreation

Nancy Tates, Executive Assistant

1. CALL TO ORDER

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

2. APPROVAL OF AGENDA

It was moved and seconded:

That Council approve the agenda as amended to add a legal matter to the closed session.

CARRIED

3. ADOPTION OF MINUTES

It was moved and seconded:

That Council adopt the minutes of regular meeting held September 21, 2016 and the Committee

of the Whole meeting held September 23, 2016.

CARRIED

4. DELEGATIONS & PRESENTATIONS

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4.1 Tree and Sacred Site Protection

Council heard from Kathryn Swan who recommended that Council adopt a tree and

sacred site protection bylaw, hire an urban and rural forest co-ordinator, establish or

participate in a regional tree protection standing committee.

It was moved and seconded:

That Council refer the tree protection proposal to staff to review as staff prepares the

report that Council requested on the implications of adopting a tree protection bylaw

similar to the Cities of Victoria, Duncan and Nanaimo.

CARRIED

4.2 Elder Care

Council heard from Roger Hart, Chair of the Cowichan Elder Care Co-op. Mr. Hart

informed Council of the Co-op's challenges and plans, asked Council to support local co-

ops, become an organizational member of the Co-op and consider the Co-op's grant in-

aid application.

4.3 Cowichan Sportsplex Funding

Council heard from Catherine Brandon, Executive Director of the Cowichan Sportsplex,

requesting a grant to replace the Cowichan Sportsplex track and artificial turf surfaces.

Ms. Brandon highlighted some of the Chesterfield Sports Society's accomplishments,

thanked Council for its past support and funding, and urged Council to support the

Society's track replacement and artificial turf grant application.

It was moved and seconded:

That Council direct staff to make a joint presentation with the Chesterfield Sports Society

to the provincial government to try to obtain provincial funding for track and turf

replacement at the Cowichan Sportsplex.

It was moved and seconded:

That Council postpone the main motion until a decision is made on the Society's Canada

150 grant application.

CARRIED

5. PUBLIC MEETINGS & HEARINGS

5.1 Notice on Title - 3368 Henry Road

Council heard from the Manager of Building and Compliance regarding numerous

building compliance contraventions and building safety issues at 3368 Henry Road,

Chemainus. Council invited the owner to come forward to speak to the matter, Mr.

Morrison spoke to Council.

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It was moved and seconded:

That Council:

1. confirm the recommendations of the Manager of Building and Compliance regarding

3368 Henry Road contained in his September 7, 2016 report; and

2. direct the Corporate Officer to file a notice in the Land Title Office (stating that

Council has passed a resolution under section 57 of the Community Charter and that

further information about it may be inspected at the Municipal Hall).

CARRIED

5.2 Notice on Title - 3382 Henry Road

Council heard from the Manager of Building and Compliance regarding numerous

building compliance contravention issues at 3382 Henry Road, Chemainus. Council

invited the owner to come forward to speak to the matter but no one came forward.

It was moved and seconded:

That Council:

1. confirm the recommendations of the Manager of Building and Compliance regarding

3382 Henry Road contained in his September 7, 2016 report; and

2. direct the Corporate Officer to file a notice in the Land Title Office (stating that

Council has passed a resolution under section 57 of the Community Charter and that

further information about it may be inspected at the Municipal Hall).

CARRIED

5.3 Notice on Title - 3386 Henry Road

Council heard from the Corporate Officer who reported that the owner of 3386 Henry

Road had informed staff that she was unable to attend this council meeting and

requested the matter be postponed until next council meeting.

It was moved and seconded:

That Council postpone consideration of whether to file a building contravention notice

on the land title of 3386 Henry Road until October 19, 2016, to give the owner another

opportunity to appear before Council.

(Opposed: Lefebure; Maguire)

CARRIED

6. PUBLIC INPUT

Council received public input regarding agenda items from registered speakers.

7. BYLAWS

7.1 Bylaw 3614 - "Zoning Amendment Bylaw (No. 2 - Donnay Drive), 2016"

It was moved and seconded:

That Council postpone item 7.1 until November 16, 2016.

(Opposed: Lefebure; Behnsen; Douglas; Siebring)

DEFEATED

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It was moved and seconded:

That Council read a second time, as amended, Zoning Amendment Bylaw (No. 2 –

Donnay Drive), 2016, No. 3614.

(Opposed: Marsh)

CARRIED

It was moved and seconded:

That Council take a short recess (3:37 p.m. to 3:47 p.m.).

CARRIED

8. REPORTS

8.1 Alternative/Active Modes of Transportation

It was moved and seconded:

That Council

1. direct staff to prepare a draft integrated bike network map, that includes proposed

bike routes (and modal types), listed in the September 13, 2016 Environmental

Advisory Committee minutes, and

2. refer the draft map to the Environmental Advisory Committee for further review.

(Opposed: Behnsen; Siebring)

CARRIED

8.2 Proposed Zoning Bylaw

Council took note that the Environmental Advisory Committee supports, in principle,

zoning bylaw changes that will limit future residential and commercial development in

rural areas (outside the urban containment boundary).

8.3 Proposed Kingsview Comprehensive Development Plan

It was moved and seconded:

That Council ensure environmentally-sensitive areas (such as the Garry Oak area) are

protected as part of any development of the proposed Kingsview comprehensive

development.

CARRIED

It was moved and seconded:

That Council ensure that the re-vegetation plans for proposed park lands in the

Kingsview comprehensive development incorporate, where possible, plant species suited

to Coastal Douglas-fir and Gary Oak ecosystems.

CARRIED

It was moved and seconded:

That Council invite the applicant for the Kingsview comprehensive development zone to

make a voluntary amenity contribution, in the amount of $250 per dwelling unit, upon

rezoning, to fund water quality improvements to Quamichan Lake.

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Amendment:

It was moved and seconded:

That Council amend the main motion to strike out "in the amount of $250 per dwelling

unit".

(Opposed: Douglas; Maguire; Marsh)

DEFEATED

Amendment:

It was moved and seconded:

That Council amend the main motion to change the dollar amount from $250 to $100.

(Opposed: Lefebure; Douglas; Maguire; Marsh; Siebring)

DEFEATED

It was moved and seconded:

That Council invite the applicant for the Kingsview comprehensive development zone to

make a voluntary amenity contribution, in the amount of $250 per dwelling unit, upon

rezoning, to fund water quality improvements to Quamichan Lake.

(Opposed: Behnsen; Siebring)

CARRIED

8.4 Proposed Kingsview Comprehensive Development Plan

It was moved and seconded:

That Council

1. take note that the Parks and Recreation Committee supports, in principle, the

proposed Kingsview comprehensive development, based on dedication of

approximately 37% of the site for parks and open space, and

2. invite the Committee, if the rezoning is approved, to comment on the playground

and park space requirements of each phase of the proposed development, including

the possibility of a disk golf course.

CARRIED

8.5 Regional Recreation Select Committee

It was moved and seconded:

That Council recommend that the Cowichan Valley Regional District Board appoint Deb

Savory Wright as North Cowichan's alternate member on its Regional Recreation Select

Committee.

CARRIED

8.6 Agricultural Priorities

It was moved and seconded:

That Council extend the meeting to 6:00 p.m.

CARRIED

It was moved and seconded:

That Council establish the following agricultural priorities for 2017:

1. assess the ability to provide municipal water for farm purposes (item 1.1.2 in the

Agricultural Advisory Committee Work and Implementation Plan);

2. assess the drainage control issues impacting farming (section 1.2 in the Agricultural

Advisory Committee Work and Implementation Plan);

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3. develop a funding strategy for the Bonsall Creek Watershed Management Plan; and

4. promote agricultural economic development (using Town Hall meetings).

CARRIED

8.7 Agricultural Land Commission Position on Weddings

It was moved and seconded:

That Council direct staff to prepare a report for review by the Agricultural Advisory

Committee on the potential implications of the Agricultural Land Commission's new

regulation that allows farmers to host up to 10 weddings and special events per year

within the Agricultural Land Reserve (with a maximum of 150 people per event).

CARRIED

8.8 Kin Beach Seawall and Boat Ramp

It was moved and seconded:

That Council

1. Accept the August 18, 2016 offer from the Province of BC for a tenure over Crown

land off the end of Maple Street in Chemainus for seawall and boat ramp purposes;

2. Authorize the Corporate Officer to complete and return the Response to Notice of

Final Review, indicating that North Cowichan intends to proceed with the Crown

tenure application;

3. Direct staff to hire a surveyor to prepare a boundary survey of the tenure area; and

4. Authorize the Mayor and Corporate Officer to sign the proposed licence of

occupation.

CARRIED

8.9 Gibbins Road / Catalyst Licence of Occupation

It was moved and seconded:

That Council approve, and authorize the Mayor and Corporate Officer to sign, a 5-year

Licence of Occupation with Catalyst Paper Corporation to locate and maintain a public

trail on Catalyst’s pipeline between Gibbins Road and the Cowichan Valley Trail.

CARRIED

8.10 Exit Interview Policy

It was moved and seconded:

That Council receive, for information, the Director of Human Resources' June 27, 2016

report regarding North Cowichan's exit interview policy.

CARRIED

9. NOTICE OF MOTIONS

9.1 2970 Severne Street

It was moved and seconded:

That Council rescind its August 17, 2016 resolution approving redevelopment option 1

for 2970 Severne Street, as shown in the staff report dated August 10, 2016.

(Opposed: Lefebure; Maguire)

CARRIED

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It was moved and seconded:

That Council approve option 3 for 2970 Severne Street, as shown in the staff report

dated August 10, 2016.

(Opposed: Behnsen)

CARRIED

It was moved and seconded:

That Council direct staff to prepare the necessary zoning amendment bylaw to rezone

2970 Serverne Street from Public Use Zone (PU) to Residential One and Two Family Zone

(R3).

CARRIED

10. REVIEW OF COMMITTEE MINUTES

Council reviewed, for information, the following Council committee minutes:

1. Environmental Advisory Committee - September 13, 2016

2. Parks and Recreation Advisory Committee - September 19, 2016

3. Agricultural Advisory Committee - September 20, 2016

11. NEW BUSINESS

None.

12. QUESTION PERIOD

Council received questions from the public regarding business considered at this meeting.

13. CLOSED SESSION

Council closed the meeting to the public at 5:25 p.m. on the basis of section (90) (1) (c) [labour

relations], (f) [law enforcement] and (g) [litigation or potential litigation] of the Community

Charter. Council rose without reporting at 7:05 p.m.

14. ADJOURNMENT

The meeting ended at 7:05 p.m.

________________________________ ________________________________

Signed by

Mayor or Presiding Member

Certified by

Director of Corporate Services

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Municipality of North Cowichan

Committee of the Whole

MINUTES

October 11, 2016, 9:00 a.m.

Municipal Hall - Council Chambers

Members Present Mayor Jon Lefebure

Councillor Joyce Behnsen

Councillor Rob Douglas

Councillor Maeve Maguire (from 9:37 a.m. until 12:30 p.m.)

Councillor Kate Marsh

Councillor Al Siebring (until 2:00 p.m.)

Councillor Tom Walker

Staff Present Dave Devana, Chief Administrative Officer (CAO)

Mark Ruttan, Director of Corporate Services / Deputy CAO

Scott Mack, Director of Development Services

David Conway, Director of Engineering and Operations

Nancy Tates, Executive Assistant

1. CALL TO ORDER

There being a quorum present, the meeting was called to order at [insert time].

2. APPROVAL OF AGENDA

It was moved and seconded:

That the Committee approve the agenda as circulated.

CARRIED

3. PUBLIC INPUT

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

4. DELEGATIONS

4.1 Urban Containment Boundaries

Council heard from Christopher Justice and Patricia Seymour regarding the history and

options for realignment of the urban containment boundary in the vicinity of Maple Bay

Elementary School.

4.2 Build-Out Analysis

Council heard from Marilyn Palmer regarding a potential build-out analysis of land in the

vicinity of Maple Bay Elementary School.

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4.3 Urban Containment Boundaries

Council heard from Doreen Dinsdale regarding the results of a petition from residents

living in the vicinity of Maple Bay Elementary School.

5. BUSINESS

5.1 Official Community Plan

Council received a presentation from the Director of Development Services on 11

potential amendments to the urban containment boundary of the Official Community

Plan (OCP), and suggested revisions to OCP policies 2.1.5.1, 2.1.5.2, 2.1.5.8a, and 2.1.59.

Council recessed for lunch between 12:30 p.m. and 1:30 p.m.

It was moved and seconded:

That Council direct staff to provide a report on the proposed amendments to the Official

Community Plan, as presented in the Director of Development Services' October 11,

2016 report.

CARRIED

6. NEW BUSINESS

None.

7. QUESTION PERIOD

Council received questions from the public regarding business considered at this meeting.

8. ADJOURNMENT

Council adjourned the meeting at 2:45 p.m.

________________________________ ________________________________

Signed by

Mayor or Presiding Member

Certified by

Director of Corporate Services

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Municipality of North Cowichan

Special Council

MINUTES

October 13, 2016, 6:00 p.m.

Municipal Hall - Council Chambers

Members Present Mayor Jon Lefebure

Councillor Joyce Behnsen

Councillor Rob Douglas

Councillor Kate Marsh

Councillor Tom Walker

Members Absent Councillor Maeve Maguire

Councillor Al Siebring

Staff Present Mark Ruttan, Director of Corporate Services / Deputy CAO

Scott Mack, Director of Development Services

David Conway, Director of Engineering and Operations

Kyle Young, Assistant Manager of Planning and Subdivision

1. CALL TO ORDER

There being a quorum present, Mayor Lefebure called the meeting to order at 6:00 p.m.

2. APPROVAL OF AGENDA

It was moved and seconded:

That Council approve the agenda as amended to remove item 4 Question Period.

CARRIED

3. PUBLIC HEARING

3.1 Bylaw 3614 - "Zoning Amendment Bylaw (No. 2 - Donnay Drive), 2016"

Public Hearing Report - Council commenced a public hearing at 6:00 p.m. to allow the

public to make representations to Council respecting proposed Bylaw 3614. Mayor

Lefebure outlined the public hearing order of business and read aloud Council's policy

that it will not receive verbal or written communications from the public regarding the

proposed zoning amendment bylaw after the closure of the public hearing. He then

invited late correspondence. The Corporate Officer advised that approximately 50 pieces

of correspondence regarding the application from the public were received and

forwarded by email to Council and included in the public information binder. This

included correspondence considered at the previous public hearing. The Corporate

Officer pointed out the availability of the public information binder for those wishing to

review it during the hearing. Council then received a presentation introducing the

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proposal from the Assistant Manager of Planning and Subdivision. Mayor Lefebure then

invited the applicant and the public to address Council on the proposed bylaw.

Council heard from the following persons:

1. Jeff Tomlinson, applicant

2. Dan Wright, 1452 Donnay Drive

3. Christopher Justice, 1503 Maple Bay Road

4. Sheryl Sametz, 1369 Donnay Drive

5. Marilyn Palmer, 1444 Maple Bay Road

6. Neil Anderson, 1524 Maple Bay Road

7. John Chudyk, 1461 Maple Bay Road

8. Ross Blackwell, 6356 Woodgrove Way

9. Lynda Peterson, 1490 Belcarra Road

10. Gary Powe, 1422 Donnay Drive

11. Nigel Dinsdale, 1460 Maple Bay Road

12. Patricia Seymour, 1503 Maple Bay Road

13. Barb Olender, 6270 Ambleside Place

14. Tony Medina, 1418 Maple Bay Road

15. Deb Savory-Wright, 1452 Donnay Drive

16. Kevin Olender, 6270 Ambleside Place

17. Zan Boyle, 1335 Donnay Drive

18. James Newman, 1462 Maple Bay Road

19. Cerie Newman, 1462 Maple Bay Road

20. Pat Carsen, 6301 Genoa Bay Road

Comments in favour of the rezoning included the following:

• The proposal was modified following the previous public hearing;

• The development will have very little, if any, impact on the Maple Bay Road corridor;

• The subject property is within the urban containment boundary which supports

higher density;

• There is a need for more affordable housing;

• It is a good fit with surrounding residential land;

• The area has had adequate planning over the years;

• The infrastructure is largely in place to accommodate the proposed development;

• There will be economic spin offs from the development;

• The development will not have much impact on traffic.

Comments opposed to the rezoning included the following:

• It is not "smart growth";

• Some information was missing during committee and Council review;

• A local area plan should first be undertaken for the larger area;

• Housing density is too great;

• Parking congestion and increased traffic will cause safety problems;

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October 13, 2016 - Special Council Minutes

3

• It will increase development pressures on surrounding lands;

• The urban containment boundary review should be completed first;

• Environmental and cultural impacts will be harmful and require further study;

• It will pollute downslope agricultural lands;

• Council should first adopt the proposed overall zoning bylaw;

• It does not respect the area's iconic character;

• Maple Bay Road needs to be upgraded;

• It will diminish surrounding property values;

• The public should be better consulted;

• The fate of the Quamichan Inn should be seriously considered;

• It will ruin the existing look and feel of the neighbourhood;

• It will pollute the creek;

• A more detailed principle based planning process is required for the area.

Mayor Lefebure asked three times if anyone else wished to speak. No one else spoke so

Mayor Lefebure closed the public hearing at 10:26 p.m.

Due to the lateness of the hour and the amount of input received, Council decided not

to debate the merits of the bylaw but agreed to schedule a future meeting to do so (date

to be decided at the October 19, 2016 regular Council meeting).

Mayor Lefebure thanked the public for their thoughtful input, and reminded the public

of Council's policy against further public input now that the public hearing has been

closed.

4. ADJOURNMENT

The meeting ended at 10:45 p.m.

________________________________ ________________________________

Signed by

Mayor or Presiding Member

Certified by

Director of Corporate Services

(Minutes certified “correct” and Public Hearing

report certified “fair and accurate”)

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Page 1 of 13

North Cowichan/Duncan Detachment

Mayor’s Report – ending September 30, 2016

Prepared for the Municipality of North Cowichan

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This reporting period encompasses the third 3 month period of the calendar year 2016; July,

August and September. The intent of this report is to provide the Mayor and Council with a brief

overview of policing operations as they pertain to the Municipality of North Cowichan in particular,

and the Cowichan Valley in general.

Annual Performance Plan: The North Cowichan/Duncan R.C.M.P. Detachment is guided by an Annual Performance Plan

that addresses identified local policing priorities. These priorities are identified through

consultation with elected officials, senior staff Officers, Community Policing Advisory Committee

and others, including Safe Youth Cowichan. As such, our 2016/17 plan has been focused on the

following local issues that were consistently identified as priorities throughout the valley:

1) Police/Community Relations – Visibility of Police (Foot Patrols/Bike Patrols/Bar Walks)

2) Violence - Domestic Violence (Build and maintain positive relationships internally & externally)

3) Prolific Offender Management – Property and Drug offences (Curfew Checks and Breaches)

4) Traffic Safety – Enhance Road Safety (Impaired Driving & Speeding)

5) Aboriginal Policing – (Enhance relationships with Aboriginal communities)

This report constitutes the second quarter of the 2016/17 Annual Performance Plan (July, August

and September), which follows the R.C.M.P. fiscal year of April 1st to March 31st.

Crime Statistics:

Within the following Municipality of North Cowichan statistics, we look for “trends” to guide our

programs/responses and measure the impact we have in these areas across the Detachment.

This is significant as trends indicate which crime reduction initiatives are best suited to target

priority offenders. We continue to analyze and evaluate problem areas and problem individuals in

an effort to target them for crime reduction initiatives via our general duty uniformed personnel

and special teams.

On the following pages, you will find three tables and two charts illustrating response statistics.

They reflect responses in the Municipality of North Cowichan, in the Detachment area overall, and

the Calls for Service made to the Detachment for the third quarter of 2016 compared to 2015.

The pie chart that follows is an illustrative chart reflecting the priority level of the calls received at

North Cowichan/Duncan Detachment for the current quarter. The second pie chart illustrates the

entire Detachment file count to-date for 2016. The chart shows the percentage share of files

generated amongst the respective areas served by the North Cowichan/Duncan R.C.M.P.

Detachment.

During the 2016 3rd quarter, 5,398 calls for service were received, compared to 5,052 in the same

quarter in 2015. In 2016 to the end of June, we have had an increase of 1,685 additional calls for

service compared to 2015, for an overall increase of 12.6%.

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If there is any discrepancy between the data shown within this report and the data released by E Division Headquarters, the latter shall prevail

Complied: 2016- 10- 04 by L. Paras, North Cowichan/Duncan Detachment

Crime Statistics for 2016.07.01 to 2016.09-30 - 2016 Quarter # 3

Crimes Against the Person

Oct to Dec

2015

Jan to Mar

2016

Apr to Jun

2016

Jul to Sep

2016Range -

Low

Range -

High

YTD (Cal)

Previous

YTD (Cal)

Current

%

Change

Clr. Rate

Prev Qrt

Clr. Rate

Curr Qrt

Arson (1629,2110) 2 1 2 3 0 4 2 6 200% 50% 33%

Assaults (1410,1430,1440,1460,1470,1480) 47 52 50 54 39 56 164 156 -5% 90% 78%

Robbery (1610) 4 6 1 2 0 2 4 9 125% 100% 100%

Sex Offences (1310 to 1385) 4 8 7 5 3 8 12 20 67% 86% 60%

Weapons Offences (1420,1450,1455,1457,3375,3310,3320,3330,3380) 17 13 24 16 8 15 45 53 18% 67% 69%

Crimes Against Property

Oct to Dec

2015

Jan to Mar

2016

Apr to Jun

2016

Jul to Sep

2016Range -

Low

Range -

High

YTD (Cal)

Previous

YTD (Cal)

Current

%

Change

Clr. Rate

Prev Qrt

Clr. Rate

Curr Qrt

B&E - Bus. (2120 - 1) 24 17 14 18 8 16 50 49 -2% 14% 6%

B&E - Res. (2120 - 2) 22 29 29 27 16 32 64 85 33% 14% 11%

B&E - Oth. (2120 - 3) 29 24 15 10 9 18 53 49 -8% 0% 0%

Theft of Motor Vehicle (2135) 10 13 15 13 8 21 42 41 -2% 0% 23%

Theft from Vehicle (2132,2142) 42 55 59 51 38 82 182 165 -9% 8% 0%

Other Theft O/5000 (2130) 1 1 3 3 1 3 4 7 75% 0% 0%

Other Theft U/5000 (2140) 58 79 75 86 45 81 237 240 1% 12% 9%

Shoplifting (2133,2143) 34 48 45 34 15 34 124 127 2% 62% 62%

Mischief to Property (2170) 96 107 111 109 66 105 275 327 19% 23% 29%

Traffic Offences

Oct to Dec

2015

Jan to Mar

2016

Apr to Jun

2016

Jul to Sep

2016Range -

Low

Range -

High

YTD (Cal)

Previous

YTD (Cal)

Current

%

Change

Clr. Rate

Prev Qrt

Clr. Rate

Curr Qrt

Non-Fatal Crashes Resulting in Injury (8130-2) 37 16 25 15 16 30 75 56 -25% N/A N/A

Crashes Resulting in Fatality (8130-1) 0 0 0 1 0 1 1 1 0% N/A N/A

24 hr. Susp. (8120-40, 50) * 24 Hr Susp also present on Impaired Op MV files. 2 4 2 1 0 19 13 7 -46% N/A N/A

Impaired Op MV / IRP (9230-2,3,30,9240-1,2, 9250-1, 8120-41:45) 29 17 8 21 12 25 49 46 -6% N/A N/A

Other Offences & Occurrences

Oct to Dec

2015

Jan to Mar

2016

Apr to Jun

2016

Jul to Sep

2016Range -

Low

Range -

High

YTD (Cal)

Previous

YTD (Cal)

Current

%

Change

Clr. Rate

Prev Qrt

Clr. Rate

Curr Qrt

Cause Disturbance (3430) 70 85 76 69 62 123 254 230 -9% 37% 57%

Drug Possession (4110,4120,4130,4140,4150,4160) 30 32 42 46 25 38 113 120 6% 48% 72%

Drug Trafficking (4210,4220,4230,4240,4250,4260) 1 5 2 4 2 6 6 11 83% 100% 25%

Drug Production (4410,4420,4430,4440,4450,4460) 2 5 2 7 1 7 6 14 133% 100% 43%

Breach of Peace (8350) 44 50 47 49 62 95 102 146 43% N/A N/A

North Cowichan / Duncan RCMP-GRC

Quarterly Report: North Cowichan

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If there is any discrepancy between the data shown within this report and the data released by E Division Headquarters, the latter shall prevail.

Compiled: 2016- 10- 04 by L. Paras, North Cowichan/Duncan Detachment

Crime Statistics for 2016.07.01 to 2016.09.30 - 2016 Quarter # 3

Crimes Against the Person

Oct to Dec

2015

Jan to Mar

2016

Apr to Jun

2016

Jul to Sep

2016Range -

Low

Range -

High

YTD (Cal)

Previous

YTD (Cal)

Current

%

Change

Clr. Rate

Prev Qrt

Clr. Rate

Curr Qrt

Arson (1629,2110) 2 3 5 4 1 6 14 12 -14% 20% 25%

Assaults (1410,1430,1440,1460,1470,1480) 88 98 92 117 78 108 325 307 -6% 88% 80%

Robbery (1610) 4 7 2 5 2 6 11 14 27% 50% 40%

Sex Offences (1310 to 1385) 7 15 11 16 4 16 33 42 27% 82% 50%

Weapons Offences (1420,1450,1455,1457,3375,3310,3320,3330,3380) 28 22 37 36 16 27 71 95 34% 65% 72%

Crimes Against Property

Oct to Dec

2015

Jan to Mar

2016

Apr to Jun

2016

Jul to Sep

2016Range -

Low

Range -

High

YTD (Cal)

Previous

YTD (Cal)

Current

%

Change

Clr. Rate

Prev Qrt

Clr. Rate

Curr Qrt

B&E - Bus. (2120 - 1) 56 38 54 44 18 34 111 136 23% 20% 5%

B&E - Res. (2120 - 2) 38 42 50 39 27 49 92 131 42% 14% 13%

B&E - Oth. (2120 - 3) 40 32 25 17 13 26 79 74 -6% 4% 6%

Theft of Motor Vehicle (2135) 17 20 24 23 14 30 79 67 -15% 4% 17%

Theft from Vehicle (2132,2142) 61 84 103 94 61 122 301 281 -7% 6% 0%

Other Theft O/5000 (2130) 5 2 5 5 1 6 10 12 20% 0% 0%

Other Theft U/5000 (2140) 103 133 132 170 82 133 378 435 15% 10% 10%

Shoplifting (2133,2143) 89 105 141 109 67 103 303 355 17% 56% 58%

Mischief to Property (2170) 163 189 205 197 113 182 500 591 18% 26% 35%

Traffic Offences

Oct to Dec

2015

Jan to Mar

2016

Apr to Jun

2016

Jul to Sep

2016Range -

Low

Range -

High

YTD (Cal)

Previous

YTD (Cal)

Current

%

Change

Clr. Rate

Prev Qrt

Clr. Rate

Curr Qrt

Non-Fatal Crashes Resulting in Injury (8130-2) 62 35 41 32 37 54 131 108 -18% N/A N/A

Crashes Resulting in Fatality (8130-1) 0 0 0 1 0 1 1 1 0% N/A N/A

24 hr. Susp. (8120-40, 50) * 24 Hr Susp also present on Impaired Op MV files. 6 8 3 4 1 33 20 15 -25% N/A N/A

Impaired Op MV / IRP (9230-2,3,30,9240-1,2, 9250-1, 8120-41:45) 43 33 22 33 26 46 82 88 7% N/A N/A

Other Offences & Occurrences

Oct to Dec

2015

Jan to Mar

2016

Apr to Jun

2016

Jul to Sep

2016Range -

Low

Range -

High

YTD (Cal)

Previous

YTD (Cal)

Current

%

Change

Clr. Rate

Prev Qrt

Clr. Rate

Curr Qrt

Cause Disturbance (3430) 120 131 145 133 134 309 493 409 -17% 42% 59%

Drug Possession (4110,4120,4130,4140,4150,4160) 60 57 66 89 48 71 203 212 4% 52% 74%

Drug Trafficking (4210,4220,4230,4240,4250,4260) 2 8 4 4 3 11 15 16 7% 50% 25%

Drug Production (4410,4420,4430,4440,4450,4460) 4 6 2 8 2 11 9 16 78% 100% 38%

Breach of Peace (8350) 66 74 88 92 115 166 193 254 32% N/A N/A

North Cowichan / Duncan RCMP-GRC

Quarterly Report: North Cowichan / Duncan Detachment Area

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Note: If there is any discrepancy between the data shown within this report and the data released by E Division Headquarters, the latter shall prevail.

Public Calls For Service by Initial

Case Type

2015

3rd Qrter

Calls For

Service

2016

3rd Qrter

Calls for

Service

Public Calls For Service by Initial

Case Type

2015

3rd Qrter

Calls For

Service

2016

3rd Qrter

Calls for

Service

ABANDONED 911 123 156 MAN DOWN 40 26

ABANDONED VEHICLE 31 32 MARINE INCIDENT 1 0

ABDUCTION 2 1 MISCHIEF 106 107

AIR EMERGENCY 1 1 MISCHIEF IN PROGRESS 9 15

ALARM 192 188 MISSING CHILD 4 8

ALARM HOLD UP 5 4 MISSING PERSON 126 177

ALARM SILENT 2 3 MVI 100 92

ANIMAL 66 39 MVI HIT AND RUN 33 39

ANNOYING CIRCUMSTANCES 11 45 MVI INJURY 24 22

ARSON 4 3 MVI POLICE VEHICLE 1 1

ASSAULT 109 131 NEXT OF KIN NOTIFICATION 3 4

ASSAULT IN PROGRESS 10 9 OTHER CRIMINAL CODE 19 15

ASSAULT SEXUAL 24 23 OVERDOSE 0 5

ASSIST GENERAL PUBLIC 170 147 PANHANDLER 13 15

ASSIST MENTAL HEALTH 10 12 PARKING 10 4

ASSIST OTHER AGENCY 97 98 PROPERTY 291 255

ASSIST POLICE/FIRE/AMBULANCE 244 183 PROSTITUTION 1 1

BAIT CAR ACTIVATED 1 0 PROWLER 7 6

BOMB THREAT 0 1 ROBBERY 2 2

BREACH 80 91 ROBBERY IN PROGRESS 1 1

BREAK AND ENTER 83 75 SCREAM 10 8

BREAK AND ENTER IN PROGRESS 16 22 SHOPLIFTER 63 53

BYLAW 82 53 SHOTS FIRED / HEARD 25 25

CHECK WELLBEING 128 143 SIPP/DIPP 229 186

COUNTERFEIT CURRENCY 4 9 SPECIAL ATTENTION / DETAIL / EVENT 4 3

DISTURBANCE 241 270 STALKING 3 4

DOMESTIC IN PROGRESS 92 103 SUDDEN DEATH 6 9

DOMESTIC REPORT 17 20 SUICIDAL PERSON 58 61

DRUGS 65 87 SUSPICIOUS CIRCUMSTANCES 183 138

EXPLOSIVES 0 1 SUSPICIOUS PERSON 124 125

EXTORTION 1 1 SUSPICIOUS VEHICLE 30 59

FIGHT 44 52 THEFT 315 339

FIREARMS (FOR PICKUP / TRANSPORT) 5 5 THEFT IN PROGRESS 10 16

FOUND PERSON 1 0 THEFT OF VEHICLE 25 20

FRAUD 46 51 THREATS 78 132

HARASSMENT 56 98 TRAFFIC INCIDENT 350 341

HAZARDOUS SITUATION 61 33 TRAFFIC SUSPENSION / 24 HR / 12 HR / PROHIB NOTICE12 9

HOME INVASION 1 1 TRANSIT INCIDENT 2 0

IMPAIRED 98 153 UNWANTED PERSON 117 128

INDECENT ACT 8 4 WARRANT 21 28

INSECURE PREMISE OR VEHICLE 25 5 WEAPON 10 18

INTELLIGENCE INFORMATION 16 15 YOUTH 2 4

KEEP THE PEACE 31 22

LIQUOR ACT/LICENSED PREMISES CHECK 59 16

Total 4,830 4,907

North Cowichan/Duncan Detachment

Public Calls For Service by Initial Case Type

July 1, 2016 - September 30, 2016

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North Cowichan/Duncan Detachment Total Public Calls by Priority – 4,907 Calls

July 1, 2016 – September 30, 2016

Priority 1 Calls = In progress crime or life/death matter – Dispatched immediately Priority 2 Calls = Urgent, but not in progress and not where life/death are imminent – Dispatched as soon as possible Priority 3 Calls = Police attendance or phone call required, not in progress and not life/death – Dispatched when officer is available Priority 4 Calls = Information file only, no follow up required – Dispatched when possible Invalid Priority Calls = Calls with no priority assigned Total Public Calls: 4,907 If there is any discrepancy between the data shown within this report and the data released by E Division Headquarters, the latter shall

prevail.

Below is the file count for 2012 through 2015. There has been a steady increase in file load for

the Detachment. A file count increase of 12% occurred over the four years from 2012 to 2015.

2012 15,565 files

2013 15,741 files

2014 16,343 files

2015 17,498 files

2016 20,000 files (projected)

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Distribution of calls for service The chart below illustrates where our calls for service have come from within our Detachment

area. We have a total of 59 RCMP Officers working when we are at full strength. You can see

below that approximately 51% of the calls we responded to were in the Municipality of North

Cowichan. That 19% came from within the City of Duncan, 10% came from the Provincial area

and 14% came from First Nations Lands. A small number, 6% originated from people coming to

the office directly.

Footnotes:

** 3 Municipally funded officers are dedicated to traffic enforcement. *** Denotes areas funded Provincially

General Duty Staffing Assessment (GDSA)

A General Duty Staffing Assessment is currently underway at North Cowichan/Duncan

Detachment. We are the first detachment in Island District to undergo this process. The

assessment process has been successfully utilized in Lower Mainland detachments for

determining general duty (uniform patrol) resource requirements and the deployment of those

resources.

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To achieve the optimal response time for the types of calls for service, the assessment analyzes

data from different components, and then calculates the number of resources needed to respond

to the calls for service being received within an appropriate time. Detachment Managers will have

the ability to evaluate both the minimum number of police resources required to respond to calls,

as well as the optimal deployment (shift scheduling) of uniform patrol resources on duty.

It is anticipated that a draft General Duty Staffing Analysis report for the time period of January to

June 2016 will be received in November of this year.

Detachment Front Counter:

Persons attending the front counter for assistance –July to September 2016 3,298

Average number of persons attending per day – July to September 2016 53

Total phone calls received by front counter – July to September 2016 4,892

Average number of phone calls received per day – July to September 2016 78

Crime Reduction:

This involves the strategy of identifying and concentrating Prolific or “Priority offenders”, based

upon shared intelligence and operational plans. We also continue to conduct “pro-active” curfew

and probation checks on local subjects who have already been through the judicial process, to

encourage compliance with court conditions and curtail criminal activity. Curfew checks remain a

keynote initiative for our Detachment and will be continued throughout the 2016 year.

Priority Offenders - Curfew Checks:

We currently have identified 20 Priority offenders who are being closely monitored. These

individuals have been identified by our front line officers who often are the first to have contact

with these offenders. Priority offenders are associated to property crime, such as break and enter

and thefts. Conducting curfew checks helps ensure these individuals are accountable and

adhering to their conditions. If the individual fails to present themselves at the door of their

designated location during a curfew check, officers pursue breach charges to ensure those

individuals are again brought before the courts and held accountable for their actions.

Officers actively conduct curfew checks on individuals residing in our community that were subject

to court ordered curfews and/or house arrest. A total of 143 curfew checks were completed in this

quarter. Of those checks, 6 resulted in breach charges submitted. Those persons are now either

back in custody, on increased police enforceable conditions, or in a treatment centre receiving

support for their addictions.

Domestic Violence Unit:

The North Cowichan/Duncan RCMP Domestic Violence Unit focuses on ensuring compliance with

provincially established investigative standards regarding domestic violence offences. These

standards are stringent and require an incredible time commitment for the officers

conducting domestic violence investigations. These standards are designed to ensure thorough

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evidence based, risk focused investigations, which will in turn result in increased victim safety, as

well as charge approvals at the Provincial Court level. The ultimate goal through this

accountability process is to reduce instances of Domestic Violence; increasing victim safety and

reducing the harm that results from domestic violence.

An Interagency Case Assessment Team (ICAT) has been created in North Cowichan. This

team collaborates and responds more effectively to highest risk domestic violence incidents. An

ICAT is a partnership of local agencies, including police, child welfare, health, social service,

victim support and other anti-violence agencies. A risk management plan is created by the ICAT

that outlines a team's individual commitment to enhance interventions for victims, as well as

monitoring, management and support for offenders. The ICAT has received 6 referrals in the third

quarter, 6 of which have been deemed extremely high risk.

Traffic External Support:

We enjoy the support of two Provincial Traffic units who work across the southern part of

Vancouver Island; South Island Traffic Services, who are based in Chemainus, as well as, the

Nanaimo Integrated Road Safety Unit (IRSU.) Quarter 3 statistics are not currently available from

these units. This is enforcement that we receive at no additional policing cost.

Traffic Safety:

Our Detachment Officers strive to educate the users of Cowichan roadways by conducting

enforcement and awareness campaigns, in addition to conducting criminal investigations and

responding to other calls for service. There are three dedicated traffic resources at the

Detachment; all are funded by the Municipality of North Cowichan. For the fiscal year 2016/17

Annual Performance Plan, we committed to work collectively with partner and community

agencies to reduce impaired drivers on our roadways and enhance road safety.

The following table is an overview of alcohol and traffic related enforcement by North

Cowichan/Duncan Detachment officers during the third quarter of calendar year 2016:

24 hour Suspension by Alcohol 4 0 0 4 8

24 hour Suspension by Drug 2 3 3 8 19

Immediate Roadside Prohibition 15 4 6 25 64

Prohibited Drivers (Prov & CC) 17 3 5 25 54

Vehicle Impounds 27 7 12 46 108

Violation Tickets (VTs) 297 71 25 393 996

Written Warnings 226 83 23 332 740

Distracted Driving (VTs & Warnings) 6 13 1 20 39

North Cowichan/Duncan Detachment

Quarterly Traffic Statistics

3rd Quarter 2016

Municipality

of North

Cowichan

City of

DuncanOther Areas

Total

Detachment

Area

Year to

Date

Detachment

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Police/Community Relations and Visibility:

The Crime Prevention Unit officers participated again in this summer’s Crime Reduction Unit, also

known as CRU. This unit was a combination of officers from the Community Policing Unit, Street

Crew and Municipal Traffic sections. The unit was focused on police visibility in areas where we

have been receiving strong indications of drug use, and the property crimes that are related to

street level drug use. Additionally, this unit enhanced police visibility through active foot patrols,

bike patrols and the proactive enforcement of appropriate statutes. The CRU was in effect from

mid-July to early September. The table below summarizes the results of the CRU’s efforts during

this reporting period.

Alcohol and Substance Abuse:

The Detachment continues to operate the “Bar Walk” program. The B.C. Liquor Control and

Licensing Branch and their area Enforcement Inspectors are kept informed of any LCLA

infractions or concerns. Through the Bar Walk program, we provide a visible reminder to those

persons who are considering driving, that we are in the area. We work in cooperation with bar

staff to monitor and diffuse problem patrons as requested.

Officers made 65 bar checks this quarter in licensed establishments. These patrols include

checks of authorized special events, such as beer gardens and dances at local halls.

Violation Ticket - Traffic 67 138 4 209

Violation Ticket - Liquor 0 1 0 1

Vehicle Deficiency - Repair Ordered 1 0 0 1

Warning - Traffic 64 56 0 120

Warning - Liquor 1 2 0 3

Hot Spots 41 92 14 147

Bike Patrol 63 81 28 172

Foot Patrol 31 101 20 152

Bar Watch 3 0 0 3

Street Check 0 6 0 6

Curfew Check 11 20 0 31

Road Blocks and Radar 6 9 2 17

Safe Street Act 0 3 0 3

Detachment Files Assisted by CRU 3 8 0 11

Self Generated / CRU Files 26 35 8 69

Executed Arrest Warrants 7 0 0 7

Crime Reduction Unit Statistics

North Cowichan/Duncan Detachment

July 12, 2016 - September 4, 2016

July August September Total To Date

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Human Resources Status Report:

Established regular R.C.M.P. Officer Total: 59

- 31 Municipality of North Cowichan - 24 Provincial - 4 First Nation’s Community Policing

We have new officers who have arrived at North Cowichan/Duncan Detachment, we welcome,

Reserve Cst. Tracey Rook, Cst. David Grey from Depot and Cst. Jennifer Morgan from Ottawa’s

General Duty Protective Policing.

We normalized our resources in September as we are now fully staffed at the general duty

(uniformed) positions on the front line. Although fully staffed, we still have 8 officers who are on

extended sick leave.

Prisoner Statistics: Reflected in the chart below is the breakdown of prisoners arrested in the various Detachment

areas for the third quarter of 2016:

Volunteer Programs: Cowichan Community Policing Volunteer Program and Services:

During the third quarter, Cowichan Community Policing Office (CPO) volunteers continued to

maintain a presence in the community. Several community events were attended, including the

Cowichan Summer Festival and Parade, in which Community Policing was the winner of the

Judges Choice ribbon for the entry “Volunteers – Community Heroes” and the 39 Days of

Summer, which resulted in increased public contact and the promotion of volunteer recruitment.

The Manager of the CPO participated in the AGM for Child Find BC. Three Child Find clinics

were held locally by the CPO office. The Senior Mentors program has continued to give

presentations to senior groups and organizations during this quarter. The number and types of

talks have increased. Volunteers participated in World Elder Abuse Day in Chemainus and were

well received. Block Watch Captain / Co-Captain training was held in each of the three months,

new volunteers were recruited for the Block Watch program. Participants received positive

feedback to their use of Slow Down signs in their neighborhoods.

Municipal Provincial Duncan Qrter Total Municipal Provincial Duncan Total

July 61 100 33 194 July 61 120 27 208

August 59 83 29 171 August 96 112 32 240

September 53 95 38 186 September 50 93 25 168

Quarter Total 173 278 100 551 Quarter Total 207 325 84 616

Year to Date

Total539 739 231 1509

Year to Date

Total527 859 241 1627

Prisoner Statistics

3rd Quarter

2016 2015

North Cowichan/Duncan Detachment

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Speed Watch was active and added extra volunteer shifts for the duration of Sunfest. During this

time, Speed Watch volunteers received lots of waves, thumbs up and were appreciated by the

neighbors in the areas. In September, the CPO manager coordinated a presentation with the

Solicitor General, Mike Morris, for the Duncan Business Improvement Association and community.

The presentation was well received as a starting point for more business related safety and crime

prevention activities.

The chart below outlines some of the CPO’s volunteer activities this quarter:

Cowichan Valley Regional Victim Services: Victim Services in the North Cowichan/Duncan Detachment responds to critical incidents/crisis

intervention call outs from police on a 24 hour, 7 day a week basis. Victim Services provide initial

defusing, stabilization and act as a liaison between victims and emergency personnel, providing

an invaluable service to the public and police alike. Third quarter statistics are referenced in the

table below.

CPO Visitations/Responses 352 598 487 1,437 3,672

Lock Out Auto Crime Audits 5,970 4,595 6,062 16,627 47,974

Number of Notices Issued 24 18 14 56 188

Speed Watch Vehicles Checked 12,962 2,977 2,644 18,583 47,261

% of Speeders >10km posted limit 19% 49% 22% 30% 28%

Mileage on Patrol (Cop Jeep) 345 359 434 1,138 4,750

Safety Presentations 7 5 9 21 63

Total Volunteer Hours 355 352 392 1,099 3,660

Number of Active Volunteers 39 36 42

July 1, 2016 - September 30, 2016

Community Policing Volunteer Programs

3rd Quarter 2016

July August September

Quarter

Total

Year to

Date Total

New Clients 73 95 83 251 725

Females 57 57 66 180 540

Males 16 24 17 57 171

Calls For Service Attendance 9 14 10 33 100

Referrals By Area

North Cowichan 32 43 42 117 315

Duncan 11 12 9 32 95

Cowichan Tribes/FNP 3 9 7 19 68

Provincial Areas 0 8 8 16 49

Total 46 72 66 184 527

Brief Service Files 8 4 0 12 40

July 1, 2016 to September 30, 2016

Cowichan Valley Regional Victim Services

Year to Date

TotalJuly August September

Quarter

Total

3rd Quarter 2016

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Page 13 of 13

Note:

The constant rise in calls for service for the past 4 years (12% in total) and the significant

rise in calls for service in 2016, (12% in this year alone), strongly suggests that an increase

in manpower is appropriate to respond to and manage the volume of calls we are

receiving. The severity of the calls for service overall is significant, we are dealing with

very serious persons offences routinely, these are a heavy drain on resources.

We continue to work with statistical support services in E Division through the General

Duty Staffing Assessment (GDSA) process to quantify specifically what front line calls we

are attending, where they occur and what our ideal resource levels should be to efficiently

and effectively respond to these calls in the future.

I expect to see a draft report on our resource levels within 60 days, with a finalized report

in January of 2017. This report and it’s analysis of our calls for service through GDSA will

ultimately determine what resource levels we require, as well as what the optimal shift

schedule should be to respond to these calls and provide proactive policing to prevent

crimes.

I anticipate that, based upon the reports and the consistent increase in calls for service

over the past several years, I will be making formal requests for additional manpower in the

near future.

Respectfully submitted,

Inspector Ray Carfantan

Officer in Charge, North Cowichan/Duncan R.C.M.P. Detachment

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September 27 2016,

Dear Mayor and Council

Re: Smoking Cessation Strategy

Cowichan Citizens in comparison to other regions in the province experience high incidences of tobacco related deaths, lung cancer, COPD, asthma and respiratory illness which are directly correlated to smoking and air pollution. The Cowichan Regional Airshed Strategy is working with community partners to address open burning, pollution and environmental factors affecting the health and wellbeing of all Cowichan residents. The diverse group of partners is meeting and is committed to planning ways where each stakeholder contributes to the strategy and reduces p.m.2.5 and other harmful pollutants in our airshed. We believe we require the same kind of collaboration to address smoking of cigarettes, E-cigarettes and eventually marijuana as it becomes legal in Canada. Our Cowichan has a vision to work with our partners in local government, health, community and the BC Lung association to create a comprehensive regional strategy to reduce smoking and the impact of second hand smoke in the Cowichan Region. We believe that by providing options and support for quitting, aligning our anti smoking bylaws and educating and informing our citizens about the impact that smoking has on health we can significantly improve our poor health outcomes. Cowichan will be leaders in clean air, healthy lungs, and collective impact. The smoking bylaws across our region are not aligned and in some cases are nonexistent. We would like to ask for a task group of representatives from each of our local governments to come together with Our Cowichan, Island Health and community partners to tackle how we can align bylaws and partner on a regional anti smoking strategy. There are resources available to municipal councils for consideration for municipal bylaws that already exist. It is hoped that by working together we can have a significant impact on reducing the number of people smoking and the significant costs to our communities and health care as a result of this action The responsibility lies within all of us to work together. Sincerely, Cindy Lise Regional Facilitator

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MEMORANDUM

DATE: September 21, 2016

TO: Municipality of North Cowichan

FROM: Keith Lawrence - Environmental Services Division

SUBJECT: Draft Cowichan Valley Watershed Atlas

Land use changes in watersheds on the east coast of the CVRD have been considerable in recent years. These changes have affected water storage, stream flow and water demand. Climate impacts and population growth are expected to apply more stress on our watersheds in the years to come. Characterization and risk assessment of watersheds on the east coast of the CVRD is needed to identify areas that are most vulnerable and require further planning framework.

CVRD staff have developed a Draft Cowichan Valley Watershed Atlas which showcases information available about the current state of the 13 watersheds flowing to the east coast of the CVRD. It is the first phase of work to support the development and implementation of watershed management plans:

1. Watershed Atlas. Information base from which analysis of watershed conditions can be conducted;

2. Analysis and Characterization. Identifies environmentally sensitive areas (ESAs). Characterization of the watersheds is based on analysis of the atlas and additional information to be collected;

3. Risk Assessment. Identify the areas that are most at risk based on ESAs and pressures;

4. Develop or support development of watershed management plans.

The planning process will outline watershed areas that have the greatest need for management and identify key gaps in knowledge. The information will also support long term planning initiatives such as land use planning, local watershed planning, infrastructure planning and liquid waste planning.

The draft atlas, available online at http://cvrd.bc.ca/DocumentCenter/View/77466 is in pdf format and does not immediately meet land use planning requirements. Many of the features do not display in enough detail to inform land use decisions. Staff are exploring how best to integrate the atlas information into the CVRD GIS systems and to deploy externally. The identification of land use constraints, hazards and risks within each watershed is the focus of the next phases of work.

At this time, the atlas is being distributed to First Nations, municipalities and other key organizations for comment.

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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 September 7, 2016 File:

Folio:

CIB00010

15277-005 To Council

From Michael Mark, Manager of Building and Compliance Endorsed:

Subject 3386 Henry Road – Notice on Title

Purpose

The purpose of this report is to recommend to Council that Notice on Title be filed on the title of 3386

Henry Road under section 57 of the Community Charter.

Background

On November 20, 2015 a complaint was received about an unapproved second residential building on

this property. A review of the property file indicates that the building in question is approved as a

detached garage. No municipal permits or inspections have been obtained for alterations.

On January 7, 2016 the Manager of Building and Compliance, accompanied by the Bylaw Compliance

Officer, conducted an inspection of the building. The building was unoccupied at that time of the

inspection. The last tenant reportedly moved out sometime in December of 2015. The inspection

revealed that the building has been extensively modified and converted to a second residential

building. The building now contains a bedroom, a bathroom, a laundry room, a kitchen, a dining area,

and a living room. The owner said that she had the work done after she purchased the property.

The A3 zoning of the property does not allow for a second residential building. The property is also in

the Agricultural Land Reserve (ALR) which further restricts additional residential buildings. The owner

was advised of the enforcement process; that she could not reoccupy the building for residential

purposes, that the kitchen would have to be decommissioned, and that the Building Inspector would be

taking forward a report to council recommending a bylaw contravention notice be placed on the land

title.

On June 20, 2016, the Manager of Building and Compliance and the Bylaw Officer conducted an

inspection of the property and verified that the kitchen in the building had been decommissioned.

Discussion

The Building and Compliance Services Division is responsible for regulating construction with the

Municipality. Once a hazardous condition is observed, the Building Inspector is responsible to attempt

to have the deficiency corrected. If the inspector were to fail to take any action, the Municipality may

be held liable for any loss or injury sustained.

Section 57(3) of the Community Charter allows the Municipality to file a notice on title of any property

where the Building Inspector:

a) observes a contravention of a municipal bylaw, provincial building regulation, or another

enactment that relates to the construction or safety of buildings or other structures; or

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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

b) discovers that something was done without a permit or inspection.

Implications

The purpose of registering a Notice on Title under Section 57(3) of the Community Charter on the title

of the subject property is to advise and warn those with an interest in the property and prospective

purchasers and lenders of bylaw violations in respect to the unauthorized work that has been done

without a permit and to provide disclosure to future owners and to protect taxpayers against potential

claims with regard to the regulations contravened.

The filing of a notice on title is part of a graduated compliance strategy intended to bring the property

into compliance with applicable bylaws and regulations. A notice on title provides incentive to the

property owner to resolve the outstanding issues as it serves to warn lenders or prospective purchasers

that construction at the property may be unsafe or that work has been done without a permit.

The notice on title can be easily removed once the property has been brought into compliance.

Additional enforcement measures may be considered in the future should the non-compliance

continue, and that the unlawful work and/or use present a public health or safety concern.

Recommendation

That Council direct the Corporate Officer to file a Bylaw Contravention Notice respecting the subject

property at 3386 Henry Road, legally described as Lot 1, Section 11, Range 5, Chemainus District, Plan

VIP54764 at the Land Title and Survey Authority of British Columbia under Section 57(3) of the

Community Charter.

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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 August 29, 2016 Prospero No. ZB000038

Folio No. 00384-000

File No. 3360-20 16.08 To Council

From Morgan McLeod, Planner Endorsed:

Subject Zoning Bylaw Amendment Application No. ZB000038 for 5404 Gore Langton Road

Purpose

The purpose of this report is to provide Council with information, analysis and recommendations

regarding a site-specific zoning bylaw amendment application to the Rural Restricted Zone (A3) to

permit a second single family dwelling on the subject property.

Background

The subject property is located at 5404 Gore Langton Road in the Cowichan Bay area (see

ATTACHMENTS 1 & 2). The property has a total area of approximately 0.30 ha (0.74 ac). Gore Langton

Road bisects the subject property centrally, creating a ‘hooked’ parcel, where the two portions of the lot

are physically non-contiguous. The first section of land is 925 m2 with the older dwelling that abuts

Cowichan Bay. The primary dwelling was built in 1973 and has a gross floor area of 124 m2 (1,338 ft2)

with access from Gore Langton Road. The second portion of the subject property is located between

Gore Langton Road and Khenipsen Road and is 2,075 m2 with a 2008 workshop that has been converted

to a dwelling unit, with a gross floor area of 93.75 m2 (1009 ft2) and is accessed from Khenipsen Road.

Site photos are included as ATTACHMENT 4.

Land Use Context

The surrounding area is comprised of primarily mid-sized rural residential properties in a rural area

abutting the Cowichan Bay estuary.

Proposal

The A3 zone permits only one residential building per property, with a maximum of two dwelling units.

This means that the residential building can be a single family dwelling, single family dwelling with a

secondary suite or a two family dwelling (duplex). The A3 zone does not permit two separate /

detached single family dwellings. The applicant is proposing to amend the A3 zone to permit two

separate single family dwellings on the property in order to regularise the dwelling unit that has been

constructed in an accessory building built in 2008. A letter from the applicant and a survey plan are

included as ATTACHMENTS 5 and 6. The draft zoning amendment bylaw is included as ATTACHMENT 7

and amends the A3 zone by adding the following text:

Despite section 53 (4) (a) [density], a maximum of 2 residential buildings with a total combined

maximum of 2 dwelling units is permitted on 5404 Gore Langton Road (Lot 1, Section 13, Range 4,

Cowichan District, Plan 11262).

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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

Discussion

The OCP currently does not support rezoning applications in rural areas which would result in an

increase in density; however, the A3 zone currently permits two-family dwellings (duplexes or secondary

suites). This means that the application to amend the A3 zone to permit a second, separate single

family dwelling is not considered an increase in density; rather it would be a change in how the

currently permitted density is allocated to buildings on the property.

In addition, a number of policies within Section 2.5.2 of the OCP support a diversity of housing options

in order to address issues such as affordability, aging population and economic diversity, provided they

are sensitively integrated into the neighbourhood. In particular, Section 2.5.2.6 states:

“The Municipality will encourage development of secondary suites and infill housing”

“(c) The Municipality will broaden the number of zones that permit secondary suites while ensuring

adequate provision can be made for on-site parking.”

In addition, one of the key objectives of Section 2.5.2 states:

“Progress will be measured by the share of alternative housing types (e.g., apartment, townhouse, semi-

detached, coach house) as a percentage of total housing units created.”

The proposed zoning bylaw amendment is consistent with OCP policies.

Building Permit

Should this application be approved by Council, the required next step would be a Building Permit

application to the Municipality to ensure that construction of the single family dwelling in the

previously constructed accessory building complies with the BC Building Code.

Communications and Engagement

Should Council choose to provide 1st and 2nd readings to this bylaw, the application will proceed to the

Public Hearing stage, at which time the general public will be provided with an opportunity to have

input on the proposed Zoning Bylaw amendment. Neighbouring properties within a 60 m radius of the

subject property will be notified of this application and advertisements will be placed in the local

newspaper, as per the requirements of the Local Government Act.

Implications

Amending the A3 zone to permit a second single family dwelling on this particular property would not

result in an increase in density, but would allow the maximum 2 dwelling units to be in separate

buildings on the property. If Council chooses not to approve the application, the building would need

to be decommissioned as a residential building (i.e. removal of the kitchen and sleeping units).

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Page 3

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

Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca

Recommendation

That Council read a first and second time Zoning Amendment Bylaw (No. 11 – Gore Langton Road),

2016, No. 3633.

Attachments:

1. Location Plan

2. Orthophoto

3. Zoning Map

4. Site Photos

5. Letter of Rationale

6. Survey Plan

7. Bylaw No. 3633

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Page 39: Municipality of North Cowichan Regular Council …...That Council schedule a special council meeting for October 28, 2016, at 11:30 a.m. (immediately following the joint meeting with

q

LOCATION MAP DATE: August 29, 2016

5404 Gore Langton Road

TYPE: Zoning Bylaw Amendment

FILE #: ZB000038

SCALE: 1:4,000

ATTACHMENT 1

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q

ORTHOPHOTO DATE: August 29, 2016

5404 Gore Langton Road

TYPE: Zoning Bylaw Amendment

FILE #: ZB000038

SCALE: 1:500

ATTACHMENT 2

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q

ZONING MAP DATE: August 30, 2016

5404 Gore Langton Road

TYPE: Zoning Bylaw Amendment

FILE #: ZB000038

SCALE: 1:1,000

ATTACHMENT 3

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ATTACHMENT 4

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ATTACHMENT 546

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ATTACHMENT 6

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The Corporation of the District of North Cowichan

Zoning Amendment Bylaw (No. 11 – Gore Langton), 2016

Bylaw 3633

The Council of The Corporation of The District of North Cowichan enacts as follows:

1 Section 53 [Rural Restricted Zone (A3)], of the Zoning Bylaw 1997, No. 2950, is amended by adding the following paragraph to subsection (4) [Density]:

(c) Despite section 53 (4) (a), a maximum of 2 residential buildings, with a total combined maximum of 2 dwelling units, is permitted on 5404 Gore Langton Road (Lot 1, Section 13, Range 4, Cowichan District, Plan 11262, PID: 005-177-740).

_______________________

READ a first time on September 21, 2016 READ a second time on September 21, 2016 CONSIDERED at a Public Hearing on READ a third time on ADOPTED on CORPORATE OFFICER PRESIDING MEMBER

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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 12, 2016 File: 3900-50 LA

To Council

From Mark Ruttan, Director of Corporate Services/Deputy CAO Endorsed:

Subject Loan Authorization Bylaw - Elector Approval via Alternative Approval Process

Purpose

The purpose of this report is to provide Council with results of the alternative approval process to

obtain the approval of the electors to borrow a maximum of $200,000, for up to a 20-year period, to

complete flood protection works, including a flood pump station at 5994 Trans-Canada Highway.

Background

Notices of the alternative approval process were advertised in the August 31 and September 7, 2016

publications of the Cowichan Valley Citizen newspaper. The notices were also posted on the Municipal

Hall Notice Board and North Cowichan website. The period for electors to submit their signed elector

response forms ended at 4:30 p.m. on October 11, 2016.

Discussion

Under section 86 (8) of the Community Charter, after the deadline for an alternative approval process

has passed, the Corporate Officer must determine and certify whether elector approval has been

obtained. North Cowichan received 71 valid (and 2 incomplete) elector response forms by the deadline.

Since it would have required 2,165 electors (10% of all North Cowichan electors) to prevent Council

from adopting the loan authorization bylaw without the need to obtain formal assent of the electors by

voting, I have determined that elector approval has been obtained (see attached certificate).

Council may now proceed to adopt the loan authorization bylaw. After the statutory one-month

quashing period, Council may apply to the Inspector of Municipalities for a Certificate of Approval. This

certificate will provide proof that the bylaw has been validly made and all statutory requirements have

been complied with. Once the Certificate of Approval is received, the Municipality may borrow the

funds authorized by the bylaw.

Recommendations

That Council adopt Bylaw No. 3623 “Flood Protection Loan Authorization Bylaw, 2016”.

That Council direct staff to apply for a certificate of approval of Bylaw 3623 following the statutory

quashing period.

Attachments:

Certificate of Elector Approval

Bylaw No. 3623

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The Corporation of the District of North Cowichan

Flood Protection Loan Authorization Bylaw, 2016

Bylaw 3623

The Council of The Corporation of the District of North Cowichan enacts as follows:

1 This bylaw authorizes The Corporation of the District of North Cowichan to borrow up to $200,000 to construct a flood pump station on 5994 Trans-Canada Highway and approximately 320 m of floodwall along the east side of Canada Avenue, across Canada Avenue, and along the south bank of Holmes Creek.

2 The maximum term for which debentures may be issued to secure the debt created by this bylaw is 20-years.

_______________________ READ a first time on July 20, 2016 READ a second time on July 20, 2016 READ a third time on July 20, 2016 APPROVED by the Inspector of Municipalities on August 8, 2016 RECEIVED elector approval on October 11, 2016 ADOPTED on CORPORATE OFFICER PRESIDING MEMBER

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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 13, 2016 Prospero No. ZB000035 Folio No. 05497-001

File No. 3360-20 16.05 To Council

From Kyle Young, Assistant Manager of Planning and Subdivision Endorsed:

Subject Zoning Bylaw Amendment Application No. ZB000035 for Lot A, Plan VIP65724 (TCH)

Purpose

The purpose of this report is to provide Council with information, analysis and recommendations

regarding a Zoning Bylaw Amendment application to rezone the subject property from Rural Zone (A2)

to Commercial Service Zone (C3).

Background

This zoning amendment bylaw received first reading by Council at its September 21, 2016 meeting. At

that meeting, Council also directed staff to provide a report to Council regarding possible restricted /

prohibited uses if the property were to be rezoned to Commercial Service (C3). The C3 and C2 zones

are attached as SCHEDULE 1 for information (note: the C3 zone permits all of the uses in the C2 zone).

Staff met with the applicant to determine if they would be agreeable to prohibiting certain land uses if

the property were to be rezoned. The applicant provided the following list of potential prohibited uses

to which they are agreeable:

- Accessory dwelling unit

- Bed and breakfast

- Home-based business

- Night club

- Single family dwelling

Discussion

The mechanism to prohibit certain land uses on a property is a Section 219 Land Title Act restrictive

covenant, which would be registered on the title of the property. Should Council wish to prohibit

certain uses on the subject property, the restrictive covenant would need to be registered on the title

prior to final reading (adoption) of the zoning amendment bylaw. Staff supports prohibiting the

potential uses agreed to by the applicant.

Implications

Adoption of the zoning amendment bylaw would increase the amount of land in the UCB with service

commercial zoning, which permits the broadest range of commercial land uses. The next step if the

rezoning application is successful would be either a subdivision application or a Development Permit

application to the Municipality. Staff is supportive of the application, as the proposal is consistent with

the OCP.

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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

Communications and Engagement

Should Council choose to provide 2nd reading to the bylaw, the application will proceed to the Public

Hearing stage, at which time the general public will be provided with an opportunity to have input on

the proposed Zoning Bylaw amendment. Neighbouring properties within a 60 m radius of the subject

property will be notified of this application and advertisements will be placed in the local newspaper, as

per the requirements of the Local Government Act. A public hearing would be scheduled for the

November 16, 2016 Council meeting.

Recommendation

That Council:

1. Read a second time Zoning Amendment Bylaw (No. 10 – Trans-Canada Highway), 2016, No.

3632.

2. Require a restrictive covenant to be registered on the title of the subject property prior to

adopting Zoning Amendment Bylaw (No. 10 – Trans-Canada Highway), 2016, No. 3632, which

would prohibit accessory dwelling unit, bed and breakfast, home-based business, night club and

single family dwelling.

Schedules:

1. C2 and C3 Zones

2. Bylaw 3632

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94

Commercial General Zone (C2)

Permitted Uses

69 (1) The permitted uses for the C2 zone are as follows:

Accessory Dwelling Unit

Appliance and Small Equipment Repair

Bed and Breakfast

Bus Depot

Car Wash

Club

Commercial Cardlock Facility

Commercial School

Dry Cleaner

Entertainment Use

Financial Institution

Fitness Centre/Gymnasium

Funeral Parlour

Hairdresser

Home-Based Business

Hotel

Laundromat

Medical Laboratory

Mini-Warehousing

Mixed-use Building

Night Club

Nursery

Office

Parking Use

Pub

Restaurant

Retail Lumber and Building Supply Yard

Retail of Motor Vehicle Parts and Accessories

Retail Store

Service Station

Single-Family Dwelling (subject to the provision of the R3 zone)

Tool Rental

Veterinary Clinic

Wholesale Store [BL3150]

Minimum Lot Size

(2) The minimum permitted lot size for the C2 zone is 560 m2 (6,028 sq. ft.).

Minimum Frontage

(3) The minimum permitted frontage for the C2 zone is 15 m (49.21').

Maximum Lot Coverage

(4) The maximum permitted lot coverage for the C2 zone is 100% of the lot area, except such area as

required for off-street parking and loading facilities, landscaping requirements, and fencing and

SCHEDULE 154

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95

highway setbacks.

Minimum Setbacks

(5) There are no minimum setbacks for the C2 zone except:

(a) where the lot abuts residentially zoned land that yard which abuts the residentially zoned

land shall be 3.0 m (9.84') in depth; and

(b) where the lot abuts an arterial highway the yard, front, shall be 4.5 m (15') in depth.

Maximum Building Height

(6) The maximum permitted building heights for the C2 zone are as follows:

(a) Principal Building, 12.0 m (39.37')

(b) Accessory Building, 5.0 m (16.4')

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96

Commercial Service Zone (C3)

Permitted Uses

70 (1) The permitted uses for the C3 zone are as follows:

All Uses Permitted in the C2 Zone

Accessory Custom Workshop

Automotive Repair Shop

Bed and Breakfast

Home-Based Business

Major Equipment Repair

Market Garden

Motor Vehicle Sales and Rentals

Single-family Dwelling (subject to the provision of the R3 zone)

Truck Depot

Warehousing [BL3037, BL3150]

Minimum Lot Size

(2) The minimum permitted lot size for the C3 zone is 560 m2 (6,028 sq. ft.).

Minimum Frontage

(3) The minimum permitted frontage for the C3 zone is 15.0 m (49.21').

Maximum Lot Coverage

(4) The maximum permitted lot coverage for the C3 zone is 50% of the lot area.

Minimum Setbacks

(5) The minimum permitted setbacks for the C3 zone are as follows:

(a) Principal Buildings

Yard, Front, 8.0 m (26.25')

Yard, Side (One only), 5.0 m (16.4')

(b) Accessory Buildings and Structures (Excluding Fences)

Yard, Front, 8.0 m (26.25')

Yard, Side (One only), 1.0 m ( 3.28')

(c) Where a lot line, side, of a lot abuts residentially-zoned land, the yard, side, shall be

maintained on that side adjacent to such residentially zoned land.

(d) Despite the foregoing, where the lot line, rear, of a lot abuts residentially-zoned land the

required yard, rear, shall be 8.0 m (26.25').

Maximum Building Height

(6) The maximum permitted building heights for the C3 zone are as follows:

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97

(a) Principal Buildings, 12.0 m (39.37')

(b) Accessory Buildings, 5.0 m (16.4')

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Page 58: Municipality of North Cowichan Regular Council …...That Council schedule a special council meeting for October 28, 2016, at 11:30 a.m. (immediately following the joint meeting with

The Corporation of the District of North Cowichan

Zoning Amendment Bylaw (No. 10 – Trans-Canada Hwy), 2016

Bylaw 3632

The Council of The Corporation of The District of North Cowichan enacts as follows:

1 Schedule “C” of Zoning Bylaw 1997, No. 2950, is amended by reclassifying from Rural Zone (A2) to Commercial Service Zone (C3), Lot A of Plan VIP65274 on the northeast corner of the Trans-Canada Highway and Herd Road (PID: 023-770-449), shown as “Subject Property” and outlined in bold on the Schedule attached to and forming part of this bylaw.

_______________________ READ a first time on September 21, 2016 READ a second time on CONSIDERED at a Public Hearing on READ a third time on APPROVED by Ministry of Transportation and Infrastructure on ADOPTED on CORPORATE OFFICER PRESIDING MEMBER

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Schedule

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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 September 26, 2016 File:

To Council

From M. Frame, Director of Financial Services Endorsed:

Subject Tax Sale Report

Purpose

The purpose of this report is to provide Council with the results of the September 26, 2016 Tax Sale.

Background

The Municipality of North Cowichan held its annual Tax Sale in Council Chambers on September 26,

2016 at 10:00 am. There were five properties offered for sale, three of which were deemed sold to the

Municipality under legislation as there were no bidders on the properties.

The owners of the five properties sold at tax sale have one year to redeem the properties by paying the

upset price plus 6% interest.

Discussion

Following are the results of the Tax Sale:

Folio Civic Address Upset Price Purchaser

00752-000 5854 Howard Ave. $ 9,857.92 Municipality of North Cowichan

05534-004 2267 Lochsyde Dr $ 13,962.62 Private Purchaser

06509-001 3141 Sherman Rd $ 6,306.38 Municipality of North Cowichan

12308-000 8174 Crofton Rd $ 11,544.54 Private Purchaser

15556-010 9932 Victoria Rd $ 14,855.51 Municipality of North Cowichan

Recommendation

For information only.

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Page 61: Municipality of North Cowichan Regular Council …...That Council schedule a special council meeting for October 28, 2016, at 11:30 a.m. (immediately following the joint meeting with

Report

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

Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca

Date October 12, 2016 File:

To Council

From Natasha Horsman, Community Planning Coordinator

Endorsed:

Subject Cowichan Farm Incubator – Site Plan and Amendments to License of Occupation

Purpose

The purpose of this report is for Council to consider:

1) endorsing the Cowichan Green Community’s (CGC’s) site plan for the Incubator Seed Farm

project located on Beverly Street, and

2) waiving the flood construction level requirements in the Zoning Bylaw as they pertain to

installation of a portable farm building structure to support the Incubator Seed Farm project.

Background

On July 15, 2015, Council passed the following motion:

That Council authorize the Mayor and Corporate Officer to sign a standard 5-year license of

occupation with the Cowichan Green Community to use North Cowichan’s 3.4 acres of land on

the southwest side of the Beverly Street Dike to operate an incubator farm.

The associated License of Occupation Agreement was completed in August 2015, and includes the

following requirement (provision 5):

The Licensee may only use the licensed area for the purpose of the Cowichan Farm Incubator

Pilot Program. Before using the licensed area, the Licensee must obtain all required permits, and

submit a detailed site plan that must be approved by North Cowichan [emphasis added].

Discussion

1) Incubator Seed Farm Site Plan Layout

CGC submitted a site plan to North Cowichan staff in September 2016 (see SCHEDULE A).

Discussions with CGC confirmed that some construction and ground work has already taken place

prior to receipt of North Cowichan approval; the property has been fenced, numerous small fields

have been assembled, and a greenhouse and tool shed have been built.

Staff have reviewed the proposed site plan and identified that an assembled tool shed is located

within a statutory right-of-way (SRW). CGC has agreed to move the shed outside of the SRW when

the necessary equipment is on-site to complete other aspects of the project.

Staff do not have any other concerns with the proposed layout or design of the site.

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Page 2

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

Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca

2) Zoning Bylaw Flood Construction Level Requirements

Section 14 of the Zoning Bylaw establishes flood construction requirements for floodplain areas. The

Incubator Seed Farm is located in a flood construction level area that requires “…the underside of the

floor system for new buildings, structures, or manufactured homes used for habitation, business, or

storing goods which can be damaged by water must not be lower than the flood construction level…”

In this case, the flood construction level is 9.5-9.75 metres elevation (geodetic measurement).

CGC wishes to install a portable structure on the Incubator Seed Farm property to use as a

classroom and storage area, which would be considered as “storing of goods which can be damaged

by water” under Section 14 of the Zoning Bylaw. CGC has conveyed that the flood construction

requirements would be onerous for them to meet, as the existing ground at that level is

approximately 3.0m below the minimum flood construction level, and have therefore requested an

exemption. SCHEDULE B contains an excerpt of Section 14 of the Zoning Bylaw and a map of the

flood construction levels for reference.

Section 524 of the Local Government Act allows a local government to exempt a person from flood

construction requirements contained in bylaw, if the local government considers that the exemption

is consistent with Provincial guidelines. The Local Government Act defines “local government” as

“the council of a municipality;” accordingly, Council approval is required to exempt a person from

flood construction requirements.

In this case, the relevant Provincial guidelines are the Flood Hazard Area Land Use Management

Guidelines (2004).1 Section 4.1.3 of the Guidelines identifies three categories of farm buildings: farm

dwellings, livestock housing, and other farm buildings. Staff suggest that the portable structure that

CGC wishes to install would be classified as “other farm building.” The Guidelines state that for other

farm buildings, “flood proofing by elevation is left to discretion of the owner” (p. 26).

Therefore, staff recommend that an exemption from the flood construction level requirements

would be consistent with Provincial guidelines.

3) CGC License of Occupation

An amendment is needed to the License of Occupation with CGC to confirm that neither CGC nor

their insurance provider will hold the Municipality responsible for any damage caused as a result of

permitting a farm structure below the flood construction level. Under the Delegation of Authority

Bylaw, Council has delegated the ability to make such amendments to the Mayor and Director of

Corporate Services.

Staff have discussed these proposed amendments with CGC, which has confirmed its willingness to

proceed. CGC is also in the process of providing satisfactory documentation from its insurance

provider.

1 Available at: http://www.env.gov.bc.ca/wsd/public_safety/flood/pdfs_word/guidelines-2011.pdf

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Page 3

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

Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca

Recommendations

That Council:

1) endorse Cowichan Green Community’s Incubator Seed Farm site plan dated September 7, 2016,

subject to the existing shed being moved out of the statutory right-of-way; and

2) exempt Cowichan Green Community from the flood construction level requirements in Section

14 of the Zoning Bylaw, for the sole purpose of installing a portable farm building.

Attachment(s): SCHEDULE A: Cowichan Green Community Incubator Seed Farm Site Plan

SCHEDULE B: Excerpt of Section 14 of the Zoning Bylaw and flood construction level map

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Page 66: Municipality of North Cowichan Regular Council …...That Council schedule a special council meeting for October 28, 2016, at 11:30 a.m. (immediately following the joint meeting with

Schedule B

Excerpt from Zoning Bylaw

Flood Control Requirements

14 (1) The underside of the floor system of any building, structure or manufactured

home used for habitation, business, or storing goods which can be damaged by

water must not be lower than the flood construction level established under

subsection (2). [BL3457]

(2) The flood construction level is, where applicable,

(a) shown on the Flood Construction Level Map for the lower Cowichan

River and Somenos Area, marked Schedule “K”, attached to and forming

part of this bylaw,

(b) shown on the floodplain area map designated pursuant to the

Canada/British Columbia Floodplain Mapping Agreement (1988) for the

Chemainus River,

(c) 3.0 m above the natural boundary of the Chemainus River and

Cowichan River where not identified in paragraphs (a) and (b),

(d) elevation 27.4 m (Geological Survey of Canada (G.S.C.) datum)

surrounding Quamichan Lake,

(e) 1.5 m above the natural boundary of the sea, any lake, watercourse,

intermittent pond, or swamp in the immediate flood hazard area not

identified above, or

(f) not lower than 0.6 m above the 200-year flood level as established by a

qualified professional engineer.

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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 14, 2016 File: 5355-70.SCN &

DIS

To Council

From Clay Reitsma, M.Eng., P.Eng., Manager of Engineering

(Infrastructure and Environment)

Endorsed:

Subject Wastewater Screening and Disinfection Tender

Purpose

The purpose of this report is to recommend that Council award the tender for the Joint Utility Board

Wastewater Treatment Facility (JUB WWTF) Influent Screening and Effluent Disinfection System

Upgrades.

Background

The existing influent screening system has been in service for 15 years, is failing, and needs to be

replaced. The existing effluent disinfection system is aging and uses chlorine and sulphur dioxide gas. It

was recommended that the disinfection system be replaced with a safer liquid chemical feed system.

Tenders for the project were opened on October 11, 2016 at 2:00 p.m. The tender amounts (excluding

GST) from lowest to highest were as follows:

1. Ridgeline Mechanical Ltd. $731,744.77

2. Tritech Group Ltd. $796,662.82

3. Stone Pacific Contracting Ltd. $919,639.00

4. IDL Projects Inc. $1,033,400.00

All bids were checked for conformance with the requirements of the instructions to tenderers, including

provision of a bid bond, acknowledgement of addenda, arithmetic correctness, and tentative

construction schedule, and were found to be in order. The lowest tender, submitted by Ridgeline

Mechanical Ltd., has been found to be complete in all respects.

Parsons contacted Ridgeline to discuss the tender and obtain references. Parsons then checked the

references. Based on Parsons’ review of Ridgeline’s bid submission, and the reference check, Parsons

recommends that the contract be awarded to Ridgeline Mechanical Ltd.

Discussion

The screening system is failing and needs to be replaced. Further, the raw sewage influent properties

have changed since the original screening system was installed in 2000. The new screening system will

do a better job of screening the raw sewage influent. The existing disinfection system is aging. The new

disinfection system will use a liquid rather than gas chemicals. This will be safer for workers and the

surrounding community as chemical leaks area easier to contain than a gas leaks.

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Page 69: Municipality of North Cowichan Regular Council …...That Council schedule a special council meeting for October 28, 2016, at 11:30 a.m. (immediately following the joint meeting with

Page 2

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

Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca

The budget for the project is $767,000. Ridgeline’s bid is $35,255 under the budget for the project.

There is sufficient budget in the financial plan to undertake this project. As such, staff recommends that

Council accept Ridgeline Mechanical Ltd.’s bid in the amount of $731,744.77 plus GST.

Recommendation

That Council accept the October 11, 2016 tender from Ridgeline Mechanical Ltd., in the amount of

$731,744.77, plus GST, to undertake the Joint Utility Board Wastewater Treatment Facility Influent

Screening and Effluent Disinfection Upgrades.

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Page 70: Municipality of North Cowichan Regular Council …...That Council schedule a special council meeting for October 28, 2016, at 11:30 a.m. (immediately following the joint meeting with

CVRD175 ingram Street Office: 250.746.2500

Duncan BC V9L INS Fax; 250.746.2513

vww ;:v'ti be ca Toll Free: 1.800.665 3955

October 4, 2016

RECEIVEDDave Devana, Chief Administrative Officer nrT . . -

Municipality of North Cowichan

Box 278 - 7030 Trans Canada Highway DISTRICT OF

DUNCAN BC V9L 3X4 [ NORTH COWICHAN

Dear Mr. Devana:

Re: Formal Request for Letter of Support

This letter comes as a formal request for the Municipality of North Cowichan to provide a letter

of support for the implementation of a Municipal Regional District Tax (MRDT) within the

Cowichan Valley Regional District (CVRD).

The MRDT will create a new fund that will be used to significantly increase the marketing

resources available to promote the Cowichan Valley. It is estimated that on an annual basis, the

tax will produce in excess of $300,000 in new tourism marketing support.

As is prescribed by Destination BC, the MRDT will be administered by the CVRD and directed

to the Tourism Cowichan Society based on a Contribution Agreement which is administered by

the CVRD. The Contribution Agreement is tied to a five year comprehensive, industry driven

marketing strategy that calls for enhanced marketing to near-in markets and the development of

a series of new marketing tools.

This request, on behalf of the CVRD, underscores the significant role that tourism plays in

supporting the economic health of the region. We ask that the letter of support from the

Municipality of North Cowichan be addressed to: Destination British Columbia, 12th Floor, 510Burrard Street, Vancouver, British Columbia, V6C 3A8 and forwarded to the CVRD, in care of

Joe Barry, Corporate Secretary, Legislative Services Division

Sincerely,

Brian Carruthers, Chief Administrative Officer

AM/il

pc: Amy Meimock: Manager. Economic Development

COWICHAN VALLEY REGIONAL DISTRICT C«W 70


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