Agenda COWICHAN
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MUNICIPALITY of North Agenda COWICHAN Meeting Regular Council File: 0570-50 Date Wednesday, January 21, 2009 Time 2:00 p.m. Place Municipal Hall - Council Chambers Page 1. Call to Order 2. Approval of Agenda Recommendation: that Council approve the agenda as circulated. 3. Adoption of Minutes 7-10 Recommendation: that Council adopt the January 7, 2009 Regular Council minutes. 4. Introduction of Late Items Recommendation: that Council add the following late items to the agenda: 5. Public Meetings and Hearings 11 5.1 Bylaw No. 3368 Recommendation: (Following receipt of information from the public, if any) that Council adopt Bylaw No. 3368, being the "Council Procedure Amendment Bylaw, 2009". 13-15 5.2 Development Variance Permit (3112 Channel Boulevard) Recommendation: (following receipt of public input if any) that Council issue a development variance permit to vary section 58(6)(a) of the Zoning Bylaw to reduce the minimum required side yard setback from 2.0 Metres (6.56 feet) to 1.5 metres (4.92 feet), for the property owned by Mary Dolan, at 3112 Channel Boulevard (Folio: 16393-000). 6. Staff Reports 17 6.1 Control of Elk Population Recommendation: that Council advise the Ministry of Environment that North Cowichan has no objections to the Ministry issuing a limited number of permits to Page 1 of 88 January 21, 2009 Regular Council Meeting Agenda Page 6. Staff Reports control the elk population in North Cowichan, and will not seek to enforce North Cowichan's Firearms Bylaw. 19 6.2 Herd Road Local Area Water Service Recommendation: that Council contribute $48,867.42 towards the Herd, Norcross and Westcott Road watermain extension from surplus South End Water System funds. 21 6.3 Award of Logging Contract Recommendation: that Council authorize the Mayor and Director of Administration to sign an agreement with Millstone Contracting Ltd. to harvest an estimated 1,500 cubic metres of conifer and hardwood logs from Mt. Richards (Block R-181), at a cost of $31.00 per cubic metre, effective January 19, 2009 to April 30, 2009. 23 6.4 Donation - Firewood Recommendation: that Council authorize the Mayor and Director of Administration to sign an agreement with the Cowichan Valley Alternative School to remove an estimated six cords of firewood from Maple Mountain, at a cost of $10 per cord instead of $30 per cord, effective January 19, 2009 to April 30, 2009. 25-35 6.5 Chemainus Business Improvement Association Recommendation: that Council receive and file the Chemainus Business Improvement Area Program's unaudited financial statements for the year ending August 31, 2008, as required under Section 11 of the Chemainus Business Improvement Area Bylaw 2004, No. 3202. 7. Correspondence 37-43 7.1 Georgia Strait Alliance (Fish Farms) Recommendation: 45 7.2 UBCM (Trust Fund) Recommendation: 47-49 7.3 UBCM (Home Inspection) Recommendation: 51-52 7.4 Cowichan Lodge Recommendation: 53 7.5 Wendy Ewing (Catalyst) Recommendation: 7.6 Receive and File Recommendation: that Council receive and file correspondence not separately dealt with. 8. Committee Reports 8.1. Administration & Finance Committee Page 2 of 88 January 21, 2009 Regular Council Meeting Agenda Page 8.1. Administration & Finance Committee 55-57 8.1.1 Minutes - Jan 12 Recommendation: (Review Minutes) 8.1.2 Donation - Cowichan Therapeutic Riding Association Recommendation: that Council donate an E.J. Hughes framed print to the Cowichan Therapeutic Riding Association for its 2009 dinner auction. 8.1.3 Donation - Rotary Club of Duncan Recommendation: that Council donate an E.J. Hughes framed print to the Rotary Club of Duncan for its annual gala dinner and charity auction. 8.1.4 Donation - Cowichan Music Festival Recommendation: that Council authorize a grant of $200.00 to the Cowichan Music Festival for its 2009 festival. 8.2. Agricultural Advisory Committee 59 8.2.1 Minutes - Jan 12 Recommendation: (Review Minutes) 8.3. Public Works Committee 61-64 8.3.1 Minutes - Jan 14 Recommendation: (Review Minutes) 8.3.2 Tree Removal - Boys Road Water Complex Recommendation: that Council support the removal of trees #1 and #8 and removal of tree branches that overhang hydro lines at the Boys Road water complex, as per Beechwood Tree Services' January 2, 2009 report. 8.3.3 Access - Norcross and Trans Canada Highway Recommendation: that Council request the Ministry of Transportation reconsider opening the Norcross Road and Trans Canada Highway left turn lane northbound onto Norcross Road west. 8.3.4 Signage - Sherman Road and Trans Canada Highway Recommendation: that Council advise the Ministry of Transportation that it supports the Duncan Business Improvement Area Society’s proposal to install a new city centre directional sign north of Sherman Road on the Trans Canada Highway, which shows the roundabout configuration, to replace the city centre directional existing sign. 8.3.5 Parking - Cliffs Road Recommendation: that Council request the Principal of Khowhemun Elementary School to ask the parents of children attending the school to not park on the sidewalk. 8.3.6 Budget - Wood Stove Replacement Program Recommendation: that Council approve the expenditure of $5,000 in 2009 to fund the Wood Stove Replacement Rebate Program. Page 3 of 88 January 21, 2009 Regular Council Meeting Agenda Page 8.3. Public Works Committee 8.3.7 Signage - Quamichan Lake Recommendation: that Council authorize the installation of a ‘public walkway’ sign at the end of Lochsyde Drive. 8.3.8 Road Closure - Peterson Street Recommendation: that Council direct staff to draft a bylaw that would simultaneously close a portion of Peterson Street and remove its highway dedication. 8.4. Technical Planning Committee 65-66 8.4.1 Minutes - Jan 13 Recommendation: (Review Minutes) 9. Other Reports 67-72 9.1 Minutes - Jan 8 Island Savings Centre Commission Recommendation: (Review Minutes) 10. Bylaws 73-75 10.1 Bylaw No. 3369 Recommendation: that Council adopt Bylaw No. 3369, being the "Cemetery Amendment Bylaw, 2009". 77-79 10.2 Bylaw No. 3370 Recommendation: that Council read a first, second and third time Bylaw No. 3370, being the "Parcel Tax (Herd Road Local Area Water Service) Bylaw, 2009". 81 10.3 Bylaw No. 3371 Recommendation: that Council read a first, second and third time Bylaw No. 3371, being the "Forestry Advisory Committee Establishment Bylaw, 2009". 83-84 10.4 Bylaw No. 3372 Recommendation: that Council read a first and second time Bylaw No. 3372, being the "Zoning Amendment Bylaw (No. 1 - Ryall Road), 2009". 85 10.5 Bylaw No. 3373 Recommendation: that Council read a first, second and third time Bylaw No. 3373, being the "Street Name Change Bylaw, 2009". 87-88 10.6 Bylaw No. 3374 Recommendation: that Council read a first and second time Bylaw No. 3374, being the "Zoning Amendment Bylaw (No. 2 - Cowichan Valley Highway), 2009". 11. Notice of Motions 11.1 Policy - Voter Approval Recommendation: that Council consider at its February 4, 2009 Regular Council meeting, the following motion: Page 4 of 88 January 21, 2009 Regular Council Meeting Agenda Page 11. Notice of Motions that Council adopt a policy whereby notwithstanding Section 85(1) of the Community Charter, district-wide referenda on major expenditures or borrowing bylaws will ordinarily need the approval of a minimum of 60% of voters casting ballots in those referenda in order to be considered “approved”. In specific instances considered “exceptional”by the Council of the day, this policy can be over-ridden with a two-thirds majority vote of Council in a duly constituted meeting, reverting the margin of voter approval to the “simple majority”as set out in Section 85(1) of the Community Charter. This policy would not apply to referenda on “Local Improvements”where only a portion of North Cowichan voters are eligible to participate in the vote, nor to votes initiated by other municipal jurisdictions (ie, Cowichan Valley Regional District) where North Cowichan voters participate in the balloting as part of a larger contingent of electors. 12. New Business 13. Question Period 14. Committee of the Whole 14.1 Motion to Resolve Recommendation: that Council resolve into the Committee of the Whole. 14.2 Delegation - Jean Crowder, MP Recommendation: (Not applicable) 14.3 Rise and Report Recommendation: that the Committee rise and report, and that Council adopt the report of the Committee. 15. Closed Session 15.1 Motion to close meeting to the public Recommendation: that Council close the remainder of the meeting to the public to consider matters under sections 90(1)(e) and 90(2)(b) of the Community Charter. 16. Adjournment Page 5 of 88 Page 6 of 88 Minutes - Jan 7 MUNICIPALITY of North Minutes COWICHAN Meeting Regular Council File: 0570-50 Date Wednesday, January 7, 2009 Time 2:00 p.m. Place Municipal Hall - Council Chambers Members Present Mayor Tom Walker Councillor Garrett Elliot Councillor Ruth Hartmann Councillor Dave Haywood Councillor John Koury Councillor George Seymour Councillor Al Siebring Staff Present Jim Dias, Chief Administrative Officer (CAO) Mark Ruttan, Director of Administration / Deputy CAO John MacKay, Director of Engineering & Operations Chris Hall, Director of Planning Approval of Agenda It was moved, seconded and carried, that Council approve the agenda as circulated. Adoption of Minutes It was moved, seconded and carried, that Council adopt the December 15, 2008 Special Council minutes and the December 17, 2008 Regular Council minutes. Introduction of Late Items It was moved, seconded and carried, that Council add the following late items to the Regular agenda: 5.2 Snow and Ice Removal, 11.1 Licence of Occupation (Catalyst Paper), 13.5 Two-Tier Aquatic Fees; and the following late items to the Closed agenda: 5.1 Proposed Land Use - s.(90)(1)(e) of the Community Charter, 5.2 Committee Appointment - s.(90)(1)(a) of the Community Charter.