Municipality of North Cowichan Regular Council AGENDA · financial support from Electoral Areas....

Municipality of North CowichanRegular Council

AGENDA

Wednesday, December 16, 2015, 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 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 minutes of the Special and Regular Council meetings heldDecember 2, 2015.

4. PUBLIC INPUT

Opportunity for brief verbal input regarding agenda items from registered speakers.

5. DELEGATIONS & PRESENTATIONS

5.1 The Somenos Marsh Wildlife Society 19 - 19

Purpose: To hear from Paul Fletcher of the Somenos Marsh Wildlife Societyregarding "WildWings 2016".

5.2 Cowichan Women Against Violence Society 20 - 20

Purpose: To hear from Jane Sterk, Executive Director of the Society regarding anaffordable housing project.

6. BYLAWS

6.1 Bylaw 3546 - Zoning Amendment Bylaw (No. 5 - Highland Avenue), 2014 21 - 22

Purpose: To rescind and abandon Bylaw No. 3546.

Recommendation:

That Council rescind and abandon Zoning Amendment Bylaw (No. 5 - HighlandAvenue), 2014, No. 3546.

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6.2 Bylaw 3551 - Delegation of Authority Bylaw 23 - 29

Purpose: To adopt Delegation of Authority Bylaw, No. 3551.

Recommendation:

That Council adopt Delegation of Authority Bylaw, No. 3551.

6.3 Bylaw 3567 - Miscellaneous Bylaws Amendment and Repeal Bylaw, 2015 30 - 35

Purpose: To adopt a Miscellaneous Bylaws Amendment and Repeal Bylaw.

Recommendation:

That Council adopt Miscellaneous Bylaws Amendment and Repeal Bylaw, 2015,No. 3567.

6.4 Bylaw 3602 - Council Procedure Bylaw 36 - 51

Purpose: To adopt a new Council Procedure Bylaw.

Recommendation:

That Council adopt Council Procedure Bylaw, No. 3602.

6.5 Bylaw 3604 - Select Committees Bylaw 52 - 55

Purpose: To adopt a new Select Committees Bylaw.

Recommendation:

That Council adopt Select Committees Bylaw, No. 3604.

7. REPORTS

7.1 Amalgamation Study

Purpose: To appoint 2 councillors to work with City of Duncan representatives todevelop terms of reference regarding amalgamation.

Recommendation:

That Council to appoint ____________________ and ____________________ to work withrepresentatives from the City of Duncan to draft terms of reference for a citizens'assembly that will make recommendations on the scope of a study regardingthe amalgamation of North Cowichan and Duncan.

7.2 Farm Equipment Warning Signs 56 - 57

Purpose: To approve the form of farm equipment warning signage and request astaff report on farm road safety education.

Recommendation:

That Council approve for use the standard farm equipment warning sign that is75 cm by 75 cm with the additional “Caution - Farm Equipment”, as shown inFigure 2 of the Director of Engineering and Operation's December 9, 2015 report.

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7.3 Crofton Skate Park Site Location 58 - 62

Purpose: To consider locating the Crofton Skate Park at 1537 Chaplin Street.

Recommendation:

That Council approve the location for a new skate park at 1537 Chaplin Street asshown in attachment "A" of the Director of Parks and Recreation's December 7,2015 report.

7.4 Notice of Development Variance Permits 63 - 64

Purpose: To set policy to streamline the processing of development variancepermits.

Recommendation:

That Council set policy that it:

1. propose to pass resolutions to issue development variance permits for allapplications received, and

2. consider issuance of development variance permits only after inviting andconsidering public input.

7.5 Appointment

Purpose: To appoint Duncan Councillor Michelle Bell to the North CowichanParks and Recreation Advisory Committee.

Recommendation:

That Council appoint Duncan Councillor Michelle Bell (replacing Councillor RogerBruce) to the Parks and Recreation Advisory Committee.

7.6 Conference Attendance 65 - 68

Purpose: To have Council set policy on conference attendance by Councilmembers.

Recommendation:

That Council set policy regarding attendance at conferences and miscellaneousfunctions by Council members, as outlined in Option 2 of the ChiefAdministrative Officer’s December 9, 2015, report.

7.7 Maple Bay Sewer Fee and Tax 69 - 70

Purpose: To request bylaws to impose a local service tax and user fee to fund theMaple Bay sewer system.

Recommendation:

That Council direct staff to draft bylaws to:

1. impose a local service tax for the Maple Bay sewer local area service; and2. amend the Fees Bylaw to charge a sewer user fee within the Maple Bay

sewer local area service.

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7.8 Canada Avenue Flood Pump Station – Archimedes Screw Pump 71 - 71

Purpose: To consider a purchase agreement with Spaans Babcock for thepurchase of 2 pumps for the new Canada Avenue Flood Pump Station.

Recommendation:

That Council direct staff to enter into a purchase agreement with Spaans Babcockfor the purchase of 2 Archimedes screw pumps for the Canada Avenue FloodPump Station in the amount of $682,767 (including PST).

8. CORRESPONDENCE

8.1 Letter From George Seymour 72 - 72

Purpose: To receive a letter of appreciation from George Seymour, Freeman.

9. NOTICE OF MOTIONS

10. NEW BUSINESS

11. QUESTION PERIOD

Public opportunity to ask brief questions of regarding the business of this meeting.

12. ADJOURNMENT

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Municipality of North Cowichan

Special Council

MINUTES

December 2, 2015, 12:30 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

Councillor Tom Walker

Staff Present Dave Devana, Chief Administrative Officer (CAO)

Mark Ruttan, Director of Corporate Services / Deputy CAO

David Conway, Director of Engineering and Operations

Scott Mack, Director of Development Services

Ernie Mansueti, Director of Parks and Recreation

Mark Frame, Director of Financial Services

1. CALL TO ORDER

There being a quorum present, Mayor Lefebure called the meeting to order at 12:30 p.m.


The agenda was not voted on.


3.1 Municipal Award

Mayor Lefebure made the following comments:

"On behalf of Council, I’d like to extend a warm welcome to everyone present today. This

is a very special day for North Cowichan - we are here for an extraordinary and

significant reason. Today Council will confer Freedom of the Municipality on a

distinguished member of our community who has contributed significantly, through his

years of exemplary service and continued dedication, to the betterment of our

community.

Freedom of the Municipality represents an unqualified honour and recognition which is

the highest symbol of respect and esteem a local government can bestow upon an

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December 2, 2015 - Special Council Meeting Minutes

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individual. Considering nominees for this award is not a role that Council takes lightly. In

fact, in its 142 years, North Cowichan Council has conveyed this distinction on only 9

persons. They are: in 1973, Charles Alexander Phipps Murison, Reginald Clegg, Donald

Christopher Morton; in 1975, Adolphe VandeCasteyen; in 1991, Margaret Robertson; in

1997, Henry Rex Hollett, and in 2011, Jim Dias, Anne Murray and Glen Ridgway.

Each person nominated must have the unanimous vote of Council. I can share with you

that a unanimous vote on anything is pretty rare for Council! Today we will add to this

list of Freemen another very distinguished person in recognition and appreciation of his

long and faithful public service. I am sure you will agree, that George Seymour has

earned this award! I would like to provide everyone with some background about why

George has been selected to receive this honour.

George originally arrived in the Cowichan Valley from Vancouver in late 1945, when his

parents bought the Maple Bay Hotel (Inn). His aunt, uncle and cousins as well as his

grandmother lived in the area and he'd always felt part of it. He graduated from Duncan

High School (as it was then called) in 1948. George spent a few years working and

entered U.B.C. in 1952, graduating in Commerce in 1956. During his university days he

rowed for U.B.C. and he was also part of the University Naval Training Division, learning

to fly. Although offered a position with Crown Zellerbach on graduation, he decided to

pursue his flying career, eventually ending up in Halifax.

In 1958, George again changed direction and wrote the exams for the Foreign Service.

Thus began a distinguished career with the Federal Government. The following are a list

of his postings:

1. 1959-60, Vietnam (where he met Marie Claire, his wife to be)

2. 1963-65, Holland (The Hague);

3. 1965-67, Ottawa;

4. 1967-70, Sri Lanka;

5. 1970-74, Washington, DC (during the Nixon affair and Watergate, George was

involved with security);

6. 1975-81, Ottawa

7. 1982-85, Singapore (High Commissioner)

8. 1986-89, Back to Ottawa; and finally

9. 1990-93, Kuala Lumpur, Malaysia, (again High Commissioner)

During all this time and raising three daughters, George kept a connection with the

Cowichan Valley. He owned property here and visited friends and relatives. He always felt

a deep connection with the area and the life-long friends he made.

In 1994, George retired and moved back to the Valley. He immediately got involved with

rowing in Maple Bay with Coach Brian Carr. He was concerned about planning in the

Municipality of North Cowichan and questioned Council at every turn. In 1997, he and his

wife, Marie Claire joined Barb Stone and her group to successfully save the Elkington

property and its magnificent Garry Oak trees, now called the Cowichan Garry Oak

Preserve.

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George was hooked and ran for Council in 1996 and was immediately elected. He served

on Council for 15 years and on Cowichan Valley Regional District (CVRD) Board for 9

years. There isn’t time today to list all the work George did but here are some of the

highlights:

• He was the long-time Chair of the Technical Planning Committee and participant in

the Advisory Planning Committee. Maintaining the rural character of the District was

of utmost importance to him. George was a key player in the first modern Official

Community Plan (OCP) 2002 and the current OCP adopted in 2011, as well as being a

strong supporter of agriculture in the valley.

• At the CVRD, George was an advocate for the Cowichan Theatre and brought in

financial support from Electoral Areas.

• He was a champion and key participant in the work to bring the Cowichan Branch of

the Vancouver Regional Library to the Cowichan Community Centre property. The

manager of the Cowichan and Lake Cowichan libraries at that time, Donna Wakefield,

stated "George was fully involved with the design and the placing of the library. He

listened carefully to what I had to say and even allowed me to design large areas of

the interior. It was a pleasure to be so respected."

• George got involved in the future of Cowichan Lodge, when there was great deal of

turmoil in the changing role of that facility.

• He had the foresight to advise the CVRD Board to plan financially for the new

Cowichan Hospital.

In his role as a mentor, he encouraged and supported men and women to run for local

office.

He was very successful in doing his work for a number of reasons. He was a copious

note-taker aided by an excellent memory. Involved in many committees at District of

North Cowichan and the CVRD, he gained a broad perspective on what was happening.

He was willing to commit long hours to getting the job done. Above all other

considerations, he cared about the community. He had a high standard of decorum and

debate, and as a result he commanded respect when he spoke. On retiring from Council

in 2011, George has been active in the Maple Bay Community Association, as an adviser.

He has participated in all meetings and is invaluable to the group.

George, I would like to personally thank you for your dedication and commitment to

North Cowichan. Your dedicated service has greatly blessed our community as a whole,

and the lives of our residents individually. We thank you for your service, and the

example and high standard you have set for future leaders. I have had the pleasure of

working alongside you and I know how deserving you are of this award."

George Seymour made the following comments:

"I am, in a word, overwhelmed by the exceptional honour Council has conferred on me

today – to become a Freeman of the Municipality, which I accept, with deepest gratitude.

I am grateful for the arrangements made for today’s ceremony, and particularly

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appreciate the honour of being escorted by piper and two of Canada’s finest. And, my

sincere thanks, Your Worship, for your generous references to my role on council. I am

reassured to see so many familiar, friendly faces in the Chamber, but never imagined the

scale of the response to Council’s invitation to today's ceremony. I am especially grateful,

and honoured, by your presence.

Due to the rarity of the celebration of this award, I am uncertain as to what should be

said that would appropriately mark the occasion. And while this may be my last

opportunity to address a captive audience, I promise to resist the temptation to impose

my views on any of the challenging, and occasionally intractable, municipal or regional

issues, some of you may be dealing with. I will instead confine my remarks to sharing a

few personal impressions, to express the satisfaction I derived from working relationships

maintained within local government, at all levels, and across a broad spectrum of

community organizations.

The real reward for me has been for both the opportunity and privilege to serve the

community with other elected colleagues over a period of 15 years, from 1996 to 2011,

and with Regional Directors for 9 years during that period. I regard myself as fortunate to

have had the opportunity to be exposed to their values and aspirations, and to share in

their commitment to the fulfilment of local government responsibilities to its citizens. I

have enjoyed equally good fortune in the advice and support received from dedicated

staff in both the Municipality and the Regional District.

As for grasping an understanding of the operations of local government, I have to

confess, that when I was first elected to Council after 35 years as a federal bureaucrat, I

expected the transition would be a pretty straight forward matter. After all, this was the

most junior level of Canada’s three levels of government, so the issues at the local level,

one would think, had to be considerably easier to manage. That proved to be, a serious

miscalculation! Little did I appreciate the extent of the challenge, going overnight into

role reversal, from providing advice to politicians, to becoming a politician myself, and

suddenly being exposed to direct public scrutiny, on a daily basis. I initially tried to carry

on as a bureaucrat, writing memoranda to Council colleague's without success, I have

to say! I received no encouragement to believe my memos were ever read. I quickly

learned that if you hoped to move things forward, just how essential it was to rely on the

professional advice of exemplary municipal and regional officials. And to add just how

much I enjoyed and benefitted from these relationships, especially their informal

dimension.

I want to make special mention of the administrative and operational support staff, many

of whom are at the sharp end of the stick, that is, projecting a first image of municipal

offices in responding to initial contacts from the public, which often sets the tone for a

resolution of problems. We are indeed fortunate for their contribution to presenting a

favourable image of the Municipality.

From the start of my adventures in local politics, I especially welcomed opportunities to

be involved with different volunteer organizations, and to learn the depth of their

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commitment to strengthening the influence of community groups in municipal decision

making, especially related to the management of growth, and quality of life issues.

Finally, there was that courageous handful of councillors, who successfully campaigned

for the office of mayor. During my five terms of office, I enjoyed the unusual opportunity,

over a relatively short period, to serve under four of them -Anne Murray, the late Rex

Hollett, Jon Lefebure and Tom Walker – in that order. I am especially grateful to them for

the committee and other assignments they entrusted to me. This proved to be one of

the more rewarding features of the job, presenting greater opportunity for individual

initiatives.

There remains for me to mention, with profound gratitude, one constant which

underpins these personal impressions – that is, the selfless commitment of Marie-Claire,

my partner of 54 years, my closest friend and advisor, to supporting me in all my official

endeavours. For Marie-Claire, it was always about integrity and fair play… and having a

warm dinner ready however late I got home at night. I might just draw on one

recollection to put in perspective an exercise of her protective instincts. Apparently,

someone wrote a letter to the editor, for some reason claiming I was “churlish.” Perhaps

not surprisingly, I did subsequently see a letter to the editor over Marie-Claire’s

signature, which succinctly stated, “Mr. Seymour may be a lot of things, but one thing he

is not, is “churlish!” Now, you may have detected the nice ambivalence in this reply,

which I suspect was an expression of Marie-Claire’s willingness to at the very least

consider the merits of any other criticism of Mr. Seymour.

There is one more family connection to local politics. And, as a matter of modest pride, I

am pleased to reveal that I am not first in the family to hold Municipal office in North

Cowichan. My uncle, Wallace W. Seymour, served a term as Councillor in 1952. He had

migrated with family to the Island to establish a chicken farm on Herd Road in the mid

30’s, and may be remembered for the “Island Ice and Cold Storage,” which he opened in

Duncan late in the 40’s. I’m afraid I don’t know his motivation for joining Council, but I

suspect it had something to do with his strong commitment to ensuring the protection

of the Valley’s agricultural economy.

In the final analysis, my years on council afforded a rewarding experience, one uniquely

different from, and, I have to say, more satisfying than serving the public at the federal

level. Serving at the local level brought me to a much more meaningful understanding of

the importance of a councillor’s responsibility to people, whatever their circumstances.

Which leaves me to say, I greatly enjoyed my 15 years in local government – invariably

challenging, mostly interesting, only frequently frustrating.

I equally enjoyed opportunities to get to know and work with many of you in this room

today. Whatever I may have accomplished, I owe a lot to your valued support. To former

colleagues, and friends, I would like to express my heartfelt thanks to you for taking time

out of your day to attend this ceremony.

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To our family, represented by two of our three daughters, Kathryn and Patricia, their

husbands, Christopher and Leonardo, and my granddaughters, Maya and Leela, I am

grateful for your love and support. And I am revealing here today for the first time, my

confidential election strategy, recruiting three daughters, who campaigned

enthusiastically on behalf of their father.

Once again I thank Council for the huge honour you have conferred today. Marie-Claire

and I will cherish the memory of this occasion. Finally, as Council continues to confront

increasingly challenging issues in increasingly complex and uncertain times, I want also

to extend my sincere best wishes for the success of your future deliberations."

The RCMP Colour Guard then unveiled the updated Freeman plaque and Mayor Lefebure

presented a framed Freedom of the Municipality certificate to George Seymour.

4. ADJOURNMENT

The meeting ended at 1:00 p.m.

________________________________ ________________________________

Signed by

Mayor or Presiding Member

Certified by

Director of Corporate Services

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Municipality of North Cowichan

Regular Council

MINUTES

December 2, 2015, 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

Councillor Tom Walker

Staff Present Dave Devana, Chief Administrative Officer (CAO)

Mark Ruttan, Director of Corporate Services / Deputy CAO

David Conway, Director of Engineering and Operations

Scott Mack, Director of Development Services

Brian Green, Manager of Planning and Sustainability

Michael Mark, Manager of Building and Compliance

1. CALL TO ORDER

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

(To accommodate the public and for purposes of convenience, some items of business were

dealt with out of order. For ease of reading and cross reference with the agenda, these minutes

are recorded in agenda order).


It was moved and seconded:

That Council approve the agenda as amended to add item 11.1 Condolences.

CARRIED

3. ADOPTION OF MINUTES


That Council adopt the recommendations and the minutes of the Committee of the Whole

meetings held November 13, 16, 19 and 26, 2015.

CARRIED

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December 2, 2015 - Regular Council Meeting Minutes

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That Council limit the scope of the terms of reference for the citizen assembly on amalgamation

of North Cowichan and Duncan to specifically exclude border realignment.

CARRIED


That Council adopt the minutes of the Regular Council meeting held November 18, 2015, as

amended to replace the word "Analysis" with "Analyst" in item 4.1.2, and correct the spelling of

"Prevost" in item 8.2.

CARRIED


4.1 RCMP Quarterly Report

Council heard from Staff Sergeant Marsden regarding North Cowichan/Duncan RCMP

detachment's 3rd quarter (July - September 2015) activities and accomplishments and

answered questions from Council.


That Council move item 8.2 before item 7.

(Opposed: Lefebure)

CARRIED

4.2 Social Planning Cowichan

Council heard from Chris Hall, Amanda Marchand, and Michelle Staples, of Social

Planning Cowichan summarizing their 2015 accomplishments, including the recent

creation of the Cowichan Housing Association, cultural awareness activities, and research

initiatives. They also presented their plans for 2016.

5. PUBLIC MEETINGS & HEARINGS

5.1 Building Bylaw Contravention – 6380 Lakes Road

Council reviewed the Manager of Building and Compliance's October 14, 2015 report,

and heard from the Manager regarding the outstanding building infractions at #2 - 6380

Lakes Road. The homeowner did not attend the meeting.


That Council

1. direct the Corporate Officer to file a building contravention notice on the title of #2 -

6380 Lakes Road, (pursuant to section 57 (3) of the Community Charter), and

2. direct staff to continue to work with the property owner to achieve bylaw

compliance.

CARRIED

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5.2 Building Bylaw Contravention - 3163 and 3165 Gibbins Road

Council reviewed the Manager of Building and Compliance's October 21, 2015 report,

and hear from the Manager regarding outstanding building infractions at 3163 and 3165

Gibbins Road. The homeowners did not attend the meeting.


That Council

1. direct the Corporate Officer to file a building contravention notices on the titles of

3163 and 3165 Gibbins Road, (pursuant to section 57 (3) of the Community Charter),

and

2. direct staff to continue to work with the property owners to achieve bylaw

compliance.

CARRIED

5.3 Building Bylaw Contravention 6016 Canada Avenue

Council reviewed the Manager of Building and Compliance's November 3, 2015 report,

and heard from the Manager regarding outstanding building infractions at 6016 Canada

Avenue. The homeowner did not attend the meeting.


That Council

1. direct the Corporate Officer to file a building contravention notice on the title of

6016 Canada Avenue, (pursuant to section 57 (3) of the Community Charter), and


compliance.

CARRIED

5.4 Building Bylaw Contravention - 1900 Chaparral Drive

Council reviewed the Manager of Building and Compliance's November 5, 2015 report,

and heard from the Manager regarding outstanding building infractions at 1900

Chaparral Drive. The homeowner did not attend the meeting.


That Council

1. direct the Corporate Officer to file a building contravention notice on the title of

1900 Chaparral Drive, (pursuant to section 57 (3) of the Community Charter), and


compliance.

CARRIED

6. PUBLIC INPUT

Council received public input regarding agenda items from registered speakers.

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7. BYLAWS

7.1 Bylaw 3551 - Delegation of Authority Bylaw


That Council read a first, second and third time Delegation of Authority Bylaw, No. 3551.

CARRIED

7.2 Bylaw 3567 - Miscellaneous Bylaws Amendment and Repeal Bylaw, 2015


That Council read a first, second and third time Miscellaneous Bylaws Amendment and

Repeal Bylaw, 2015, No. 3567.

CARRIED

7.3 Bylaw 3602 - Council Procedure Bylaw


That Council

1. read a first, second, and third time Council Procedure Bylaw, No. 3602, and

2. direct the Corporate Officer to publish notice in accordance with section 94 of the

Community Charter.

CARRIED

7.4 Bylaw 3604 - Select Committees Bylaw


That Council read a first, second and third time Select Committees Bylaw, No. 3604.


That Council amend the main motion to add the words "as amended to increase the

Forestry Advisory Committee membership from 5 to 7".

(Opposed: Lefebure; Behnsen; Marsh; Siebring; Walker)

DEFEATED

Councillor Marsh left the meeting at 5:32 p.m. and returned at 5:34 p.m.


That Council amend the main motion to add "as amended to add a 3rd bullet point

under the Agricultural Advisory Committee terms of reference that reads as follows:

'advise Council on Agricultural issues deemed appropriate by the Chair'".

(Opposed: Lefebure; Behnsen; Douglas; Maguire; Marsh; Walker)

DEFEATED

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That Council amend the main motion to add "as amended to strike out section 4 (2)".

(Opposed: Lefebure; Behnsen; Marsh; Siebring; Walker)

DEFEATED

The main motion was then put and carried:

That Council read a first, second and third time Select Committees Bylaw, No. 3604.

(Opposed: Douglas; Maguire)

CARRIED


That Council extend the meeting until 7:00 p.m.

(Opposed: Marsh)

CARRIED

8. REPORTS

8.1 Municipal Appointments


That Council appoint members of Council to serve on select committees, external bodies,

and as acting Mayor, all as shown on the 2016 Appointments List.


That Council amend the main motion to add the words "as amended to replace Mayor

Lefebure with Councillor Douglas on the Forestry Advisory Committee".

CARRIED

The main motion was then put and carried:

That Council appoint members of Council to serve on select committees, external bodies,

and as acting Mayor, all as shown on the 2016 Appointments List, as amended to replace

Mayor Lefebure with Councillor Douglas on the Forestry Advisory Committee.

(Opposed: Behnsen)

CARRIED

8.2 ALC Subdivision Application - 7087 Mays Road

(This item was dealt with before item 7)

Council heard from Gerard LeBlanc on behalf of the owners. He clarified his clients have

applied to subdivide under section 946 [subdivision to provide residence for a relative] of

the Local Government Act, not under the Agricultural Land Commission's (ALC) home site

severance policy, nor have they applied to exclude the land from the ALC. Mr. LeBlanc

spoke about the value to agriculture of creating small agricultural lots and described the

subdivision options noting that the owners prefer to create a lot that includes a small

amount of bottom land so they can access surface water for cattle farming and a market

garden. He explained that the long narrow lot is often wet and not efficient to farm and

suggested that the productivity of the larger parcel will not be diminished by the

subdivision.

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That Council authorize submission of Agricultural Land Commission subdivision

application No. ALR00007 to the Agricultural Land Commission to consider a subdivision

to create a 1.65 ha parcel of land.

(Opposed: All)

DEFEATED


That Council authorize submission of Agricultural Land Commission subdivision

application No. ALR00007 to the Agricultural Land Commission to consider a subdivision

to create a 2.07 ha parcel of land.

(Opposed: Marsh; Walker)

CARRIED

Councillor Behnsen left the meeting at 4:00 p.m. and returned at 4:02 p.m.


Council recessed the meeting from 4:10 p.m. to 4:25 p.m.

CARRIED


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

(Opposed: Walker)

CARRIED

8.3 Firearms Bylaw


That Council direct staff to provide Council with a report on possible amendments to the

Firearms Bylaw, to allow farmers the right to discharge a firearm on their private

agricultural lands to protect their crops from invasive animals.

CARRIED

Councillor's Maguire and Siebring left the meeting at 6:06 p.m.

8.4 Coastal Douglas-Fir Conservation Partnership


That Council refer the information provided by David Haley regarding the Coastal

Douglas-fir Conservation Partnership to the Forestry Advisory Committee for its review

and comment.

CARRIED

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8.5 Community Energy Management

Councillor Maguire returned to the meeting at 6:07 p.m., and Councillor Siebring

returned to the meeting at 6:09 p.m.


That Council

1. approve the proposed Community Energy Manager’s 2016 work plan, and

2. budget $50,000 to fund these initiatives from the Climate Action and Energy Plan

reserve fund.


That Council refer the main motion back to the Environmental Advisory Committee.

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

DEFEATED


That Council amend the main motion to

1. add the words "in principle" between the words "approve" and "the", and

2. add "and refer the 'Better Off' program back to the Committee to review the

program deliverables".

(Opposed: Behnsen)

CARRIED

The main motion, as amended, was then put and carried, as follows:

1. approve, in principle, the proposed Community Energy Manager’s 2016 work plan,

and


reserve fund and refer the Better Off program back to the Committee to review

deliverables.

(Opposed: Behnsen)

CARRIED

8.6 Corporate Energy Management


That Council

1. approve the proposed corporate energy program 2016 work plan, and


reserve fund.

CARRIED

8.7 Holiday Season – Municipal Hall Closure


That Council approve the Holiday Season – Municipal Hall closure policy to close

Municipal Hall from 2:00 p.m. on December 24th

to December 31st

each year.

CARRIED

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8.8 Proposed 2016 Schedule of Regular Council Meetings


That Council give notice that it will hold its Regular Council meetings in 2016 on the first

and third Wednesday of each month, at 1:30 p.m., except for meetings on January 6th

,

July 6th

and August 3rd

which will be cancelled.

CARRIED

8.9 Telus Tower Licence Renewal


That Council approve, and authorize the Mayor and Corporate Officer to sign, a new 15-

year licence of occupation with Telus, to accommodate its telecommunications

infrastructure on Maple Mountain.

CARRIED

9. NOTICE OF MOTIONS

None.

10. REVIEW OF COMMITTEE MINUTES

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

1. Agricultural Advisory Committee - November 17, 2015

2. Environmental Advisory Committee - November 18, 2015

11. NEW BUSINESS

11.1 Condolences


That Council direct the Mayor send a letter of condolences to the family of Brayden Gale.

CARRIED

12. QUESTION PERIOD

Council received no questions from the public regarding business considered at this meeting.

13. ADJOURNMENT

The meeting ended at 6:50 p.m.

________________________________ ________________________________

Signed by

Mayor or Presiding Member

Certified by

Director of Corporate Services

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Somenos Marsh Wildlife Society December 7, 2015 Presentation to council WildWings 2016 WildWings 2016 is our 7th annual wildlife festival since originating as the Return of the Swans Festival. WildWings is destined to become a Cowichan-wide fall festival that celebrates nature, wildlife, the arts and the beauty of the Cowichan Valley. WildWings has the dual purpose of raising awareness of the value of natural systems in the Cowichan Valley as well as an economic driver designed to eventually draw people from all over the world to celebrate with us. Based on the experience of both the Brant Festival in Parksville-Qualicum and Wings over the Rockies held annually in Invemere, it is very possible to become as large as both of these festivals have become. Last years partners include the downtown Business improvement Society, Cowichan Valley Naturalists, and Cowichan Valley Arts Council. We strive to increase partnerships, as this will help the eventual success of the festival. WildWings 2016 will be extra special for us as we have attracted the North American Trumpeter Swan Society to attend and hold their Annual General Meeting here in Cowichan to coincide with WildWings. We are expecting 70+ visitors from November 15-19. The economic benefit that this will bring to the Valley will be huge as well as the opportunity to showcase the Cowichan Valley to 70+ visitors is priceless. The projected budget for this conference will be $10,000 approx. The SMWS have agreed to source a large part of this funding locally and we will be approaching the local governments for financial support .We are hoping that North Cowichan would consider granting $3,000 towards WildWings to support hosting the TSS AGM. Thanks Paul Fletcher

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Somenos House Client Support:

250-748-8544 Bus. 250-748-8543 Fax: 250-748-8539

[email protected]

WAVAW Community-based Victim Services &

Counselling Programs

Ph: 250-748-7000 Fax: 250-748-9364 [email protected]

Children Who Witness Abuse

Counselling Program

Ph: 250-748-7000 Fax: 250-748-9364

Horizons Employment

Program Ph: 250-748-7000 Fax: 250-748-9364

[email protected]

Safer Futures Program

Ph: 250-748-7000 Fax: 250-748-9364

[email protected]

Cowichan Women Against Violence Society 103-255 Ingram St. Duncan BC V9L 1P3 250-748-7000 Fax 250-748-9364

Email: [email protected] Registered Charitable Organization #118878339RR0001

Delegation Outline, District of North Cowichan Council – December 2015

Cowichan Women Against Violence (CWAV) Society is a registered charity exploring developing a Second-stage/supportive and affordable Housing project. We have been serving the Cowichan Valley for 35 years.

We understand that subject to demonstrating our ability to complete the project, the District of North Cowichan might consider donating land located at the curling rink site for an affordable housing project.

We are applying for grant money from CMHC to determine whether the project we envision is viable. To complete the grant application, we need a letter from the district that indicates its conditional support and provides a value for the land.

We want to develop a building with commercial/office space on the main floor and several floors of apartments. The housing would include 20 second-stage (supportive) subsidized rental units for vulnerable women who have left abusive relationships and an additional 20-30 affordable apartments to be rented at 80-90% of market for general rental tenancies or to be made available to other agencies serving vulnerable populations.

Second-stage housing provides on-site tenant support that helps connect residents – in this case, women who have left an abusive situation to connect to appropriate services and resources so they can successfully transition toward sustainable independent living. Tenancies are typically between 9 months and two years. We anticipate having two staff members employed to assist these women.

CWAV Society would relocate its programming and administration to the main (commercial) floor. We would explore co-locating with one or two other non-profits with compatible mandates to share some common area space like reception, kitchen and staff room, board room, classrooms and gathering/event space. There could also be space for a specialty retail venture that could operate as a for-profit or social enterprise.

Two-thirds of the units would be for single people and one-third for families. The intention is to design the rental units for efficient small space living at approximately 350-400 sq. ft. for individuals and 750-800 sq. ft. for families.

During the feasibility study, we would also to evaluate the pros and cons of incorporating Somenos Transition House from its current confidential location to within the new project. The transition house is a communal living situation and it may or may not be compatible with an apartment building.

Our advisory committee for this project includes several planners, an engineer with project management expertise, an architect, an accountant, a lawyer, a couple of property managers and a property assessor.

We are requesting preliminary support from Council for siting this project on a portion of the curling club site with an estimated value of the land. We are also asking that council consider requesting staff to write a report on the possible waiver of DCCs and other development related fees and charges.

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BYLAW 3546

Zoning Amendment Bylaw (No. 5 – Highland Avenue), 2014

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 re-classifying Lot B,

Section 19, Range 4, Quamichan Plan VIP63066), shown as “Subject Property” and outlined in bold on the Schedule, attached to and forming part of this bylaw, from Residential One and Two Family Zone (R3) to Residential Ground-Oriented Multi-Family Zone (R7-A).

READ a first time on May 21, 2014 READ a second time on May 21, 2014 CONSIDERED at a Public Hearing on June 18, 2014 READ a third time on June 18, 2014 RESCINDED AND ABANDONED on CORPORATE OFFICER PRESIDING MEMBER

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Schedule

22

This bylaw is printed by authority of the Council of The Corporation of the District of North Cowichan.

BYLAW 3551

Delegation of Authority Bylaw

Contents

Section

1 Interpretation 2 Agreements 3 Audit committee 4 Builders liens 5 Claims and lawsuits 6 Land use approvals delegation 7 Land use approvals reconsideration 8 Municipal Forest Reserve closures 9 Notices 10 Outdoor burning ban 11 Parcel frontage exemptions 12 Parcel tax roll review panel 13 Purchasing decisions 14 Registration and release of charges 15 Strata conversions 16 Temporary municipal land and street use 17 Tickets 18 Repeal

WHEREAS Part 5, Division 6 of the Community Charter empowers a municipal council, by bylaw, to delegate its powers, duties and functions, including those specifically established by an enactment, to the extent provided; AND WHEREAS Council considers that there are a number of circumstances where such delegation would foster good government; NOW THEREFORE, the Council of The Corporation of the District of North Cowichan enacts as follows: Interpretation

1 (1) In this Bylaw:

“Approving Officer” means the person so appointed under section 77 [appointment of approving officers] of the Land Title Act; “Chief Administrative Officer” means the municipal officer appointed under section 147 [chief administrative officer] of the Community Charter;

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“Council” means the Council of The Corporation of the District of North Cowichan; “Director of Corporate Services” means the municipal officer appointed under section 148 of the Community Charter; “Director of Financial Services” means the municipal officer appointed under section 149 of the Community Charter; “Director of Parks and Recreation” means the person so appointed by the Chief Administrative Officer; “Director of Development Services” means the person so appointed by the Chief Administrative Officer; “Local Assistant to the Fire Commissioner” means the person authorized to exercise the powers of a local assistant under the Fire Services Act; “Manager of Planning and Sustainability” means the person so appointed by the Chief Administrative Officer; “Municipal Forester” means the person so appointed by the Chief Administrative Officer.

(2) For clarity, unless a power, duty or function of Council has been expressly delegated by this bylaw or another municipal bylaw, all of the powers, duties and functions of Council remain with Council.

(3) Where this bylaw delegates a power, duty or function to a named position, the

delegation is to the person who holds the position and to any person who is the deputy of, or who is appointed temporarily to act for that person.

(4) For clarity, a person to whom a power, duty or function has been delegated under

this bylaw, or another bylaw, has no authority to further delegate to another person any power, duty or function that has been delegated by this bylaw.

Agreements

2 (1) Council delegates to the Director of Corporate Services the power to enter into agreements for the following purposes:

(a) purchasing budgeted goods and services with a value greater than $25,000;

(b) applying for and receiving grant money for budgeted projects;

(c) boat moorage at municipally-owned or operated wharves;

(d) roadside litter collection;

(e) information sharing; (f) granting encroachments caused by road widening;

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(g) acquiring land or interests in land where the acquisition has been approved by Council, or the Chief Administrative Officer under section 13 (a);

(h) licences of occupation for up to 12-months that are authorized by the Chief

Administrative Officer under section 16.

(2) Council delegates to the Director of Parks and Recreation the power to enter into facility use agreements.

(3) Council delegates to the Mayor and Director of Corporate Services the power to

amend, extend, suspend or cancel agreements previously approved and authorized by Council.

(4) Council delegates to the Chief Administrative Officer the power to authorize sub-

licences of Municipal property. (5) Council delegates the power to enter into agreements for the purchase of budgeted

goods and services valued up to $25,000 in accordance with the policy established under section 13 (b) [purchasing decisions].

Audit committee

3 Council delegates to the Audit Committee the function under section 171 (1) [auditor’s reports] of the Community Charter of receiving reports from the Municipal Auditor regarding North Cowichan’s annual financial statements.

Builders liens 4 Council delegates to the Director of Corporate Services the power to file and release notices

under the Builders Lien Act. Claims and lawsuits 5 Council delegates to the Chief Administrative Officer the power to settle claims, grievances,

and lawsuits up to $5,000. Land use approvals delegation 6 (1) Council delegates to the Director of Development Services all of the powers, duties

and functions of Council in respect of development permits under sections 920 [development permits] of the Local Government Act where

(a) no variances of municipal bylaws are involved, or

(b) variances of bylaw setbacks or height restrictions of no more than 10% are involved.

(2) Council delegates to the Director of Development Services the power to require

security under section 925 [requirement for security] of the Local Government Act. (3) In the absence of the Director of Development Services, Council delegates to the

Chief Administrative Officer all of the powers, duties and functions of Council under

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subsections (1) and (2). Land use approvals reconsideration

7 (1) An owner of land subject to a decision under section 6 that is dissatisfied with the decision made under that section is entitled to have the decision reconsidered by Council in accordance with this section.

(2) An owner who wishes to have Council reconsider a decision must apply in writing to

Council within 30 days after the decision has been communicated in writing to the owner, setting out

(a) the name of the delegate who made the decision, the date of the decision, and the

nature of the decision,

(b) reasons why the owner wishes Council to reconsider the decision, (c) the new decision the owner requests Council to make, with brief reasons to

support the new decision, and

(d) a copy of any materials that the owner considers relevant to the reconsideration.

(3) Council must reconsider the decision at a regular meeting of Council held within 45 days after the date on which the application is delivered to the Director of Corporate Services.

(4) The Director of Corporate Services must

(a) place each reconsideration application on the agenda of a regular meeting of

Council in accordance with subsection (3),

(b) give notice of each reconsideration by Council in accordance with any notice requirements in respect of the original application, and

(c) before each reconsideration by Council, deliver to each Council member a copy of

the materials that were considered by the delegate in making the decision that is to be reconsidered.

(5) In reconsidering a decision, Council must consider the material that was considered

by the delegate in making the decision.

(6) At a reconsideration of a decision, the owner and any other person who is interested in the decision are entitled to be heard by Council.

(7) Council is entitled to adjourn a reconsideration of a decision.

(8) After having reconsidered a decision, Council may either confirm the decision or

may set aside the decision and substitute the decision of Council.

Municipal Forest Reserve closure

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8 (1) Council delegates to the Municipal Forester the power to close or restrict use of all or part of the Municipal Forest Reserve, or lands managed for forestry purposes, for up to 30 days

(a) during active forestry operations, or

(b) to protect against a danger of fire, or another danger.

(2) The Municipal Forester must notify the public of a closure or restriction under subsection (1).

Notices

9 (1) Council delegates to the Director of Corporate Services the duty to give notice under the following sections of the Community Charter:

(a) section 26 (1) [proposed property disposition];

(b) section 40 (3) [permanent closure and removal of highway dedication];

(c) section 59 (3) [business regulation bylaw];

(d) section 127 (1) (b) [notice of council meetings].

(2) Council delegates to the Director of Corporate Services the duty to give notice under

section 976 [heritage designation] of the Local Government Act. (3) Council delegates to the Director of Financial Services the duty to give notice under

section 99 (3) [annual municipal report] of the Community Charter.

(4) Council delegates to the Director of Development Services, and in the absence of the Director, the Manager of Planning and Sustainability, the duty to give notice under the following sections of the Local Government Act:

(a) section 892 (1) [public hearing];

(b) section 893 (1) [public hearing waived];

(c) section 921 (4) [temporary use permits];

(d) section 922 (4) [development variance permits];

(e) section 927 (1) and (3) [permit on land title].

Outdoor burning ban 10 (1) Council delegates to the Local Assistant to the Fire Commissioner the power to ban

outdoor burning in all or part of North Cowichan, for up to 30 days if a fire hazard exists.

(2) The Local Assistant to the Fire Commissioner must notify the public of a ban under

subsection (1).

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Parcel frontage exemptions 11 Council delegates to the Approving Officer the power to exempt a parcel from the minimum

amount of frontage on a highway required under section 944 (1) [parcel frontage on highway] of the Local Government Act.

Parcel tax roll review panel 12 Council delegates to the Director of Financial Services the duty under section 204 (2) (b)

and (c) of the Community Charter to

(a) establish the time and place for the sitting of the parcel tax roll review panel, and (b) have advance notice of the time and place of the sitting of the parcel tax roll

review panel published in accordance with section 94 [public notice] of the Community Charter.

Purchasing decisions 13 Council delegates to the Chief Administrative Officer the power to

(a) approve compensation to acquire land, or interests in land, for budgeted municipal projects, and

(b) establish policies and procedures for

(i) the purchase of budgeted goods and services, and

(ii) the execution of related agreements with a value up to $25,000.

Registration and release of charges 14 Subject to section 9 (1) (a) [notices], Council delegates to the Director of Corporate Services

the power to

(a) register statutory rights-of-way over municipal lands that are under development, and

(b) release obsolete charges from land titles on the Approving Officer’s recommendation.

Strata conversions 15 Council delegates to the Approving Officer the power to approve strata conversions of two-

family residential buildings that meet all requirements of section 242 of the Strata Property Act.

Temporary municipal land and street use 16 (1) Council delegates to the Chief Administrative Officer the power to approve

temporary, non-exclusive uses of municipal land for up to 12-months, including temporary private uses of municipal streets for parades, walk-a-thons, fundraisers, races and similar events.

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(2) For the purpose of subsection (1), the Chief Administrative Officer may set conditions, including conditions relating to indemnification, insurance, security, machinery, equipment, times of use, and compliance with applicable laws and any restrictions on title.

Tickets 17 Council delegates to the Director of Corporate Services the duty, under section 269 (1) of

the Local Government Act, to refer disputed tickets to the Provincial Court for a hearing. Repeal 18 This bylaw repeals “Delegation of Authority Bylaw", No. 3444, and all amendments to it.

_______________________

READ a first time on December 2, 2015 READ a second time on December 2, 2015 READ a third time on December 2, 2015 ADOPTED on CORPORATE OFFICER PRESIDING MEMBER

29

BYLAW 3567

Miscellaneous Bylaws Amendment and Repeal Bylaw, 2015

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

Animal Control Bylaw 1995 1 Section 23.1 of the Animal Control Bylaw 1995, No. 2856, is amended by adding the

following paragraphs: (i) Wul’aam’ (Echo) Park; (j) Municipal Forest Reserve.

2 Section 49 is repealed.

Building Bylaw 2003 3 Section 3 of the Building Bylaw 2003, No. 3172, is amended by repealing the definition of

“Building Inspector”, and substituting the following definition:

“Building Inspector” means the Manager of Building and Compliance and other Building Inspectors so appointed by the Chief Administrative Officer; .

Business Licence Bylaw 2002

4 Section 1 of the Business Licence Bylaw 2002, No. 3153, is amended

(a) by striking out “section 652 of the Local Government Act” in the definition of “Business” and substituting “the Community Charter”, and

(b) by adding the following definition:

“Business Licence Officer” means the Manager of Building and Compliance and Bylaw Compliance Officers so appointed by the Chief Administrative Officer; .

5 Section 11 is repealed and the following substituted:

11 The Bylaw Licence Officer may at reasonable times and in a reasonable manner enter real property to determine compliance with this bylaw.


Cemetery Bylaw 1997

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7 Section 18 (2) of the Cemetery Bylaw 1997, No. 2933, is amended by striking out “(designated as Blocks 1–20 and A–Z)” and substituting “legally described in section 2 (1) (a) to (c),”.

Commercial Vehicle Licensing Bylaw 1964

8 Section 1 of the Commercial Vehicle Licensing Bylaw 1964, No. 984, is amended by

repealing section 1. 9 Section 2 of the Commercial Vehicle Licensing Bylaw 1964, No. 984, is amended by

repealing the definition of “Licence Inspector” and substituting the following definition:

“Inspector” means the person so appointed by the Chief Administrative Officer; . 10 Sections 5 (a), 7 (a) and (c), 9 (a), 10, 11 and 13 are amended by striking out “Licence

Inspector” and substituting “Inspector”.

Consolidation and Revision Authority Bylaw 11 Section 1 of the Consolidation and Revision Authority Bylaw, No. 3514, is amended by

adding “and in doing so to correct clerical, grammatical and typographical errors”. 12 Section 2 is amended by striking out “the regulations thereunder” and substituting “for this

purpose authorizes the exercise of all those powers set out in section 1 (2) of the Bylaw Revision Regulation.”.


Float Home Standards Bylaw 1999 14 Section 3 of Float Home Standards Bylaw 1999, No. 3015, is amended

(a) by striking out the subsection numbers, (b) by striking out the periods at the end of each definition, other than the final definition,

and substituting semi-colons, and (c) by repealing the definition of “Building Inspector” and substituting the following

definition:

“Building Inspector” means the Manager of Building and Compliance and other Building Inspectors so appointed by the Chief Administrative Officer; .


Highway Use Bylaw 1988 16 Section 8 of Highway Use Bylaw 1988, No. 2261, is repealed and the following substituted:

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Temporary Closures 8. The Director of Engineering and Operations, Manager of Operations, or Duty Foremen may

temporarily restrict or prohibit all or some types of traffic on a highway, in relation to the following:

(a) hazardous or impassable conditions on or near a highway; (b) construction on or adjacent to a highway; (c) installation, maintenance or removal of utilities; (d) a parade, festival or block party; (e) television or movie filming.

17 Sections 9 and 15 (1) are amended by striking out “Operations Manager” and substituting

“Manager of Operations”. 18 Section 18 is repealed.

Municipal Ticket Information System Bylaw 19 Section 7 of the Municipal Ticket Information System Bylaw, No. 3464, is repealed. 20 Schedule 1 is amended

(a) in items 3, 4, 8, 12, 15, 20 and 21, column 2, by adding “Manager of Building and Compliance”,

(b) in item 4, column 2, by striking out “Business Licence Inspector”, (c) in item 6, column 2, by adding “RCMP Officer”, and (d) in items 10, 17, 19 and 20, column 2, by striking out “Operations Manager” and

substituting “Manager of Operations”. 21 Section 20 of Schedule 2 is amended by adding the following:

Item Column 1 Offence

Column 2 Section

Column 3 Fine

25 Cross-connection to Waterworks System 73 (1) $200 26 Fail to install Backflow Preventer 73 (3), 74 $200 27 Fail to Provide Report 75 $200 28 Fail to Maintain Backflow Prevention Device 76 $200 29 Use Broken Water Service 79 (b) $200 30 Use of Unapproved Water Service 80 $200 31 Fail to Inspect and Test Backflow Prevention Device 81 $200 32 Unapproved Auxiliary Water Connection 82 $200

Nuisance (Controlled Substance) Bylaw, 2006

22 Section 1 of Nuisance (Controlled Substance) Bylaw, 2006, No. 3246, is amended by

repealing the definition of “Building Inspector” and substituting the following definition: “Building Inspector” means the Manager of Building and Compliance and other Building

Inspectors so appointed by the Chief Administrative Officer; .

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23 Sections 6 (b) (i), 9 (1), 9 (2) and 10 are amended by striking out “Chief Building Inspector” and substituting “Manager of Building and Compliance”.

Park Regulation Bylaw

24 Section 4 of Park Regulation Bylaw, No. 3483, is repealed. 25 The Schedule is amended by adding the following:

Item

Description

34 Wul’aam’ (Echo) Park

Reserve Funds Establishment Bylaw 26 Section 2 of the Reserve Funds Establishment Bylaw, No. 3552, is repealed. 27 The Schedule is amended by adding the following:

Item Column 1 Reserve Fund Name

Column 2 Reserve Fund Purpose

24.1 Infrastructure Replacement To fund capital projects to repair, upgrade or replace aging North Cowichan infrastructure (other than water and sewer local area service infrastructure).

28 The Schedule is further amended in item 26, column 2, by inserting the words “contribute to

and” between the words “to” and “finance”.

Revitalization Tax Exemption Bylaw 29 Section 2 (3) (b) of Revitalization Tax Exemption Bylaw, No. 3526, is amended by striking

out “simulating” and substituting “stimulating”. 30 Section 11 (1) is repealed.

Soil Removal and Deposit Bylaw, 2009 31 Section 4 (d ) (ii) of Soil Removal and Deposit Bylaw, 2009, No. 3311, is amended

(a) by striking out the words “less than” and substituting “the lesser of”, and (b) by striking out the comma after the word “land”.

32 Sections 19 and 20 are repealed.

Temporary Mobile Home Permit Bylaw 1976

33 Section 1 of Temporary Mobile Home Permit Bylaw 1976, No. 1685, is repealed and the

following substituted:

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1 In this Bylaw:

“Inspector” means the Manager of Building and Compliance and other Building Inspectors so appointed by the Chief Administrative Officer; “mobile home” means a factory built dwelling unit no more than 4.3 m wide that conforms to the Canadian Standards Association Z240-MH series standard.

34 Section 9A is renumbered section 9.1. 35 Section 10 (a) is repealed. 36 Sections 10 (a.2), (c) and (e) are amended by striking out “Building” wherever it appears.

Traffic Bylaw 1988

37 Sections (1), (2) and (3) between sections 1 and 4 of Traffic Bylaw 1988, No. 2276, are re-

numbered sections 2 (1), 2 (2) and 3 respectively. 38 Section 3 is amended

(a) by striking out the periods at the end of each definition, other than the final definition, and substituting semi-colons, and

(b) by repealing the definition of “Operations Manager” and substituting the following

definition:

“Manager of Operations” means the person so appointed by the Chief Administrative Officer.

39 Section 18 is amended by striking out “Operations Manager” and substituting “Manager of

Operations”. 40 Schedule “A” is amended by inserting the following:

Name: km/hr From: To: 11.1 Clements Street 30 Start Finish

Waterworks Bylaw 1995

41 Section 2 of Waterworks Bylaw 1995, No. 2839, is amended

(a) by repealing the subsection numbers of each definition, and (b) by repealing the definition of “Building Inspector” and substituting the following

definition:

“Building Inspector” means the Manager of Building and Compliance and other Building Inspectors so appointed by the Chief Administrative Officer;

42 Section 25 (3) (b) is amended by striking out “section 674, except subsection (4) of the

Municipal Act” and substituting “the Community Charter”.

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43 Section 49 is amended by striking out “Municipal Engineer” and substituting “Director of

Engineering and Operations”. 44 Section 54 (1) is renumbered section 54. 45 Section 54 is amended by adding the following paragraph:

(f) municipal road roundabouts. 46 Section 61 is repealed and the following substituted: Fee reduction 61. (1) No fee adjustment is allowed because of a leak unless the Director of Engineering

and Operations is satisfied that (a) the leak arose from accidental damage to a pipe or fitting on the consumer’s

premises, arising from a cause beyond the consumer’s control, and (b) the consumer took all reasonable care and made all reasonable haste in

stopping the leak and preventing it from recurring. (2) If the Director of Engineering and Operations decides under subsection (1) to allow

a fee adjustment, the consumer must pay the base water use fee for the billing period, plus

(a) for a commercial premises, 50% of the excess charges, or (b) for a residential premises, 50% of the excess charges to a maximum of $500.

47 Section 71 is amended by striking out “the Municipal Act” and substituting “section 288 of

the Local Government Act,”. 48 The following bylaws are repealed:

(a) the Local Improvement Fund Bylaw 1959, No. 770; (b) the Miscellaneous Bylaws Amendment and Repeal Bylaw, 2013, No. 3527; (c) the Miscellaneous Bylaws Amendment and Repeal Bylaw, 2014, No. 3548; (d) the Local Improvement Water Extension Charge Bylaw No. 1, 1968, No. 1237; (e) the Local Improvement Sanitary Sewer Extension Charge Bylaw 1980, No. 1895.

_______________________ READ a first time on December 2, 2015 READ a second time on December 2, 2015 READ a third time on December 2, 2015 ADOPTED on CORPORATE OFFICER PRESIDING MEMBER

35


BYLAW 3602

Council Procedure Bylaw

Contents Section PART 1 INTRODUCTION

1 Definitions 2 Application of rules of procedure

PART 2 COUNCIL MEETINGS

3 Inaugural meeting 4 Time and location of meetings 5 Notice of Council meetings 6 Notice of special meetings 7 Electronic meetings

PART 3 DESIGNATION OF MEMBER TO ACT IN PLACE OF MAYOR

8 Designation of Acting Mayor

PART 4 COUNCIL PROCEEDINGS 9 Community Charter provisions 10 Attendance at public meetings 11 Minutes of Council meetings 12 Calling meeting to order 13 Adjourning meeting when no quorum 14 Agenda 15 Order of proceedings and business 16 Late items 17 Voting at meetings 18 Delegations 19 Points of order 20 Conduct and debate 21 Motions generally 22 Motion to commit 23 Motion for the main question 24 Amendments generally 25 Reconsideration by council member 26 Privilege 27 Reports from committees 28 Adjournment

PART 5 BYLAWS

29 Distribution of proposed bylaws 30 Form of bylaws

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31 Bylaws to be considered separately or jointly 32 Reading and adopting bylaws 33 Bylaws must be signed

PART 6 RESOLUTIONS

34 Copies of resolutions to Council members 35 Introducing resolutions

PART 7 COMMITTEE OF THE WHOLE

36 Going into Committee of the Whole 37 Notice for Committee of the Whole meetings 38 Minutes of Committee of the Whole meetings 39 Presiding members at Committee of the Whole meetings 40 Points of order at meetings 41 Conduct and debate 42 Voting at meetings 43 Reports 44 Rising without reporting

PART 8 COMMITTEES AND COMMISSIONS

45 Duties of standing committees 46 Duties of select committees 47 Duties of commissions 48 Schedule of meetings 49 Notice of meetings 50 Attendance at meetings 51 Minutes of meetings 52 Application of rules to committee and commission meetings 53 Voting at meetings

PART 9 PUBLIC HEARINGS

54 Procedures

PART 10 GENERAL

55 Severability and notice 56 Repeal

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

PART 1 - INTRODUCTION Definitions

1 In this Bylaw:

“commission” means a municipal commission established under section 143 [municipal commissions] of the Community Charter;

“committee” means a standing or select committee of Council, but does not include a committee of the whole of Council;

“Council” means the Council of the District;

“District” means The Corporation of the District of North Cowichan;

“Mayor” means the mayor of the District;

“Municipal Hall” means the North Cowichan Municipal Hall;

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“Corporate Officer” means the municipal officer for the District assigned responsibility for corporate administration under section 148 [corporate officer] of the Community Charter;

“municipal website” means the information resource found at an internet address provided by the District;

“public notice posting places” means the notice board at the main entrance of the Municipal Hall and the municipal website;

“quorum” means a majority of all members of Council, committee of the whole, committee or commission, as the case may be.

Application of rules of procedure

2 (1) The provisions of this bylaw govern the proceedings of Council, the committee of the whole, commissions and all standing and select committees of Council, as applicable.

(2) In cases not provided for under this bylaw, the most recent edition of Robert’s Rules of Order Newly Revised, applies to the proceedings of Council, committee of the whole, and council committees to the extent that those rules are applicable in the circumstances, and not inconsistent with provisions of this bylaw or the Community Charter.

PART 2 - COUNCIL MEETINGS Inaugural meeting

3 (1) Following a general local election, the first regular council meeting must be held on the first Wednesday in December in the year of the election.

(2) If a quorum of council members elected at the general local election has not taken office by the date of the meeting referred to in subsection (1), the first council meeting must be called by the Corporate Officer and held as soon as reasonably possible after a quorum has taken office.

Time and location of meetings

4 (1) All council meetings must take place within the Municipal Hall except when Council resolves to hold meetings elsewhere.

(2) Regular council meetings must be held on the first and third Wednesday of each month at 1:30 p.m.

(3) When a regular council meeting falls on a statutory holiday, the meeting must be held on the next day the Municipal Hall is open following the statutory holiday.

(4) Council may, by an affirmative vote of at least two-thirds of the council members present, cancel a regular council meeting or reschedule it to another date and time that is not a holiday.

(5) The Mayor may postpone a regular council meeting by giving a notice through the Corporate Officer’s office at least 2 days before the date for which the meeting is scheduled.

(6) Regular council meetings must be adjourned no later than 3 hours after the meeting begins, unless Council resolves to proceed beyond that time in accordance with section 28.

Notice of Council meetings

5 (1) In accordance with section 127 [notice of council meetings] of the Community Charter, Council must annually

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(a) prepare a schedule on or before December 21, of the dates, times and places of regular council meetings for the following year,

(b) give notice of the availability of the schedule in accordance with section 94 [requirements for public notice] of the Community Charter, and

(c) make the schedule available to the public by posting it at the public notice posting places.

(2) Where revisions are necessary to the annual schedule of regular council meetings, the Corporate Officer must, as soon as possible, post a notice at the public notice posting places which indicates any revisions to the date, time and place or cancellation of a regular council meeting.

Notice of special meetings

6 (1) Except where notice of a special meeting is waived by unanimous vote of all council members under section 127 (4) [notice of council meeting] of the Community Charter, a notice of the date, hour, and place of a special council meeting must be given at least 24 hours before the time of meeting, by

(a) posting a copy of the notice at the public notice posting places, and

(b) emailing a copy of the notice to each council member.

(2) The notice under subsection (1) must describe in general terms the purpose of the meeting and be signed by the Mayor or the Corporate Officer.

Electronic meetings

7 (1) Council may hold electronic meetings in accordance with section 128 [electronic meetings and participation by members] of the Community Charter.

(2) A member of Council who is unable to attend at a council meeting or committee of the whole meeting may, upon authorization of the Mayor, participate in the meeting by means of electronic or other communication facilities.

(3) Subsection 2 does not apply if

(a) the meeting is an inaugural meeting of Council,

(b) the member is the presiding member,

(c) the member has without leave of Council missed 3 or more consecutive regular meetings of Council, or

(d) the member has participated electronically in 3 or more consecutive regular meetings of Council.

PART 3 - DESIGNATION OF MEMBER TO ACT IN PLACE OF MAYOR

Designation of Acting Mayor

8 (1) At the first regular meeting of Council following a general local election, Council must, upon the recommendation of the Mayor, designate a councillor, to serve in the place of the Mayor when the Mayor is absent or otherwise unable to act or when the office of the Mayor is vacant.

(2) Within 180 days of the designation of an Acting Mayor under subsection (1), Council must designate a councillor to serve, or councillors to serve on a rotating basis, as Acting Mayor.

(3) Each councillor designated under subsection (1) or (2) must fulfill the responsibilities of the Mayor in the Mayor=s absence.

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(4) If both the Mayor and the member designated under subsection (1) or (2) are absent from a council meeting, the council members present must choose a councillor to preside at the council meeting.

(5) The member designated under subsection (1) or (2) or chosen under subsection (4) has the same powers and duties as the Mayor in relation to the applicable matter.

PART 4 B COUNCIL PROCEEDINGS

Community Charter provisions

9 Matters pertaining to council proceedings are governed by the Community Charter including those provisions found in Division 3 of Part 4 [Open Meetings] and Division 2 of Part 5 [Council Proceedings].

Attendance at public meetings

10 (1) Except where the provisions of section 90 [meetings that may or must be closed to the public] of the Community Charter apply, all council meetings must be open to the public.

(2) Before closing a council meeting or part of a meeting to the public, Council must pass a resolution in a public meeting in accordance with section 92 [requirements before council meeting is closed] of the Community Charter.

(3) This section applies to all meetings of the bodies referred to in section 93 [application of rules to other bodies] of the Community Charter.

(4) Despite subsection (1), the Mayor and the councillor designated as the member responsible for acting in the place of the Mayor under section 8 may expel or exclude from a council meeting a person in accordance with section 20 (8).

Minutes of Council meetings

11 (1) Minutes of the proceedings of Council must be

(a) legibly recorded,

(b) certified as correct by the Corporate Officer, and

(c) signed by the Mayor or other member presiding at the meeting or at the next meeting at which the minutes are adopted.

(2) Subject to subsection (3), and in accordance with section 97 (1) (b) [other records to which public access must be provided] of the Community Charter, minutes of the proceedings of Council must be open for public inspection at the Municipal Hall during its regular office hours.

(3) Subsection (2) does not apply to minutes of a council meeting or that part of a council meeting from which persons were excluded under section 90 [meetings that may be closed to the public] of the Community Charter.

Calling meeting to order

12 (1) As soon after the time specified for a council meeting as there is a quorum present, the Mayor, or the councillor designated as the member responsible for acting in the place of the Mayor in accordance with section 8, must take the chair and call the meeting to order.

(2) If a quorum of council is present, but both the Mayor and the councillor designated as the member responsible for acting in the place of the Mayor under

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section 8 do not attend within 15 minutes of the scheduled time for a council meeting,

(a) the Corporate Officer must call to order the members present, and

(b) the members present must choose a member to preside at the meeting. Adjourning meeting when no quorum

13 If there is no quorum of council present within 30 minutes of the scheduled time for a council meeting, the Corporate Officer must

(a) record the names of the members present, and those absent, and

(b) adjourn the meeting until the next scheduled meeting. Agenda

14 (1) Prior to each council meeting, the Corporate Officer must prepare an agenda setting out the items for consideration at that meeting, noting in short form a summary for each item on the agenda.

(2) The deadline for submission to the Corporate Officer of items for inclusion on the council agenda is one week prior to the council meeting.

(3) The Corporate Officer must make the agenda available at least 48 hours before the start of a meeting by

(a) posting a copy of the agenda at the public notice posting places,

(b) emailing a link to, or copy of, the agenda to each council member, and

(c) upon request, leaving a printed copy of the agenda in the council member’s mailbox at the Municipal Hall.

(4) Council may only consider a matter not listed on the agenda if the matter is added to the agenda as a late item under section 16.

Order of proceedings and business

15 (1) Subject to section 36 (1), the agenda for each regular council meeting must include, as applicable and in the order in which they are listed below, the following matters:

(a) call to order;

(b) approval of agenda;

(c) adoption of minutes;

(d) public meetings;

(e) public hearings;

(f) delegations;

(g) public input on agenda items;

(h) bylaws;

(i) reports;

(j) notices of motions;

(k) unfinished and postponed business;

(l) new business;

(m) question period;

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(n) closed session;

(o) adjournment.

(2) Despite subsection (1), the agenda of the first regular Council meeting following a general local election or by-election may be primarily ceremonial.

(3) Particular business at a council meeting must be taken up in the order in which it is listed on the agenda unless otherwise resolved by Council.

Late items

16 (1) An item of business not included on the agenda may only be considered at a council meeting if Council adds the item to the agenda at the time Council approves the agenda.

(2) If Council adds a late item to the agenda under subsection (1)

(a) written information pertaining to the late item, if any, must be immediately distributed to council members, and

(b) the late item must be added under the new business heading of the agenda. Voting at meetings

17 (1) The procedures in this section apply to voting at council meetings.

(2) When debate on a matter is closed, the presiding member must put the matter to a vote of council members by stating, “those in favour raise your hands” and then “those opposed raise your hands”.

(3) When the presiding member puts a matter to a vote under subsection (2), a member must not

(a) cross or leave the room,

(b) make a noise or other disturbance,

(c) interrupt the voting procedure under subsection (2), unless the interrupting member is raising a point of order.

(4) After the presiding member finally puts the question to a vote under subsection (2), a member must not speak to the question or make a motion concerning it.

(5) The presiding member’s decision about whether a question has been finally put is conclusive.

(6) Whenever a vote of Council on a matter is taken, each member present must signify their vote by raising their hand, or, if participating by means of electronic or other communication facilities, in the manner directed by the presiding member.

(7) The presiding member must declare the result of the voting by stating that the question is decided in either the affirmative or the negative.

(8) The presiding member must state the name of each member who voted in the negative.

(9) A negative vote must be recorded in the minutes of the council meeting. Delegations

18 (1) A delegation may address Council at a regular council meeting with the permission of the Mayor or Council.

(2) Each address must be limited to 10 minutes, unless a longer period is agreed to by unanimous vote of those members present.

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(3) Council must not permit a delegation to address a meeting of the Council regarding a proposed bylaw in respect of which a public hearing has been held, where the public hearing is required under an enactment as a prerequisite to the adoption of the bylaw.

Points of order

19 (1) Without limiting the presiding member’s duty under section 132 (1) [authority of presiding member] of the Community Charter, the presiding member must apply the correct procedure to a motion

(a) if the motion is contrary to the rules of procedure in this bylaw, and

(b) whether or not another council member has raised a point of order in connection with the motion.

(2) When the presiding member is required to decide a point of order

(a) the presiding member must cite the applicable rule or authority if requested by another council member,

(b) another member must not question or comment on the rule or authority cited by the presiding member under paragraph (a), and

(c) the presiding member may reserve the decision until the next council meeting.

Conduct and debate

20 (1) A council member may speak to a question or motion at a council meeting only if that member first addresses the presiding member.

(2) Members must address the presiding member by that person’s title of Mayor, Acting Mayor, or Councillor.

(3) Members must address other non-presiding members by the title councillor.

(4) No member may interrupt a member who is speaking except to raise a point of order.

(5) If more than one member speaks, the presiding member must call on the member who, in the presiding member’s opinion, first spoke.

(6) Members who are called to order by the presiding member

(a) must immediately stop speaking,

(b) may explain their position on the point of order, and

(c) may appeal to Council for its decision on the point of order in accordance with section 132 [authority of presiding member] of the Community Charter.

(7) Members speaking at a council meeting

(a) must use respectful language,

(b) must not use offensive gestures or signs,

(c) must speak only in connection with the matter being debated,

(d) may speak about a vote of Council only for the purpose of making a motion that the vote be rescinded, and

(e) must adhere to the rules of procedure established under this bylaw and to the decisions of the presiding member and Council in connection with the rules and points of order.

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(8) If a member does not adhere to subsection (7), the presiding member may order the member to leave the member’s seat, and

(a) if the member refuses to leave, the presiding member may cause the member to be removed by a peace officer from the member’s seat, and

(b) if the member apologizes to the Council, Council may, by resolution, allow the member to retake the member’s seat.

(9) A member may require the question being debated at a council meeting to be read at any time during the debate if that does not interrupt another member who is speaking.

(10) The following rules apply to limit speech on matters being considered at a council meeting:

(a) a member may speak more than once in connection with the same question only

(i) with the permission of Council, or

(ii) if the member is explaining a material part of a previous speech without introducing a new matter;

(b) a member who has made a substantive motion to the Council may reply to the debate;

(c) a member who has moved an amendment, the previous question, or an instruction to a committee may not reply to the debate;

(d) a member must not speak to a question or speak in reply for longer than a total time of 10 minutes without the permission of Council.

Motions generally

21 (1) Council may debate and vote on a motion only if it is first made by one council member and then seconded by another.

(2) A motion that deals with a matter that is not on the agenda of the council meeting at which the motion is introduced may be introduced with Council’s permission.

(3) During Council debate on a main motion, a council member may make only the following subsidiary motions:

(a) to refer to committee;

(b) to amend;

(c) to lay on the table;

(d) to postpone indefinitely;

(e) to postpone definitely; or

(f) to move the previous question.

(4) A subsidiary motion made under subsections (3) (c) and (f) is not amendable or debatable.

(5) Council must vote separately on each distinct part of a question that is under consideration at a council meeting if requested by a council member.

Motion to commit

22 Until it is decided, a motion made at a council meeting to refer to committee precludes an amendment of the main question.

Motion for the main question

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23 (1) In this section, “main question”, in relation to a matter, means the motion that first brings the matter before the Council.

(2) At a council meeting, the following rules apply to a motion for the main question, or for the main question as amended:

(a) if a member of Council moves to put the main question, or the main question as amended, to a vote, that motion must be dealt with before any other amendments are made to the motion on the main question; and

(b) if the motion for the main question, or for the main question as amended, is decided in the negative, the Council may again debate the question, or proceed to other business.

Amendments generally

24 (1) A council member may, without notice, move to amend a motion that is being considered at a council meeting.

(2) An amendment may propose removing, substituting for, or adding to the words of an original motion.

(3) A proposed amendment must be reproduced in writing by the mover if requested by the presiding member.

(4) A proposed amendment must be decided or withdrawn before the motion being considered is put to a vote.

(5) An amendment may be amended once only.

(6) An amendment that has been negatived by a vote of Council cannot be proposed again.

(7) A council member may propose an amendment to an adopted amendment.

(8) The presiding member must put the main question and its amendment for the vote of Council in the following order:

(a) a motion to amend a motion amending the main question;

(b) a motion to amend the main question, or an amended motion amending the main question if the vote under paragraph (a) is positive; and

(c) the main question. Reconsideration by council member

25 (1) In addition to the Mayor’s power to direct reconsideration under section 131 of the Community Charter, a council member who voted with the prevailing side may, within 30 days of the original vote,

(a) move to reconsider a resolution adopted or defeated by council, or

(b) move to reconsider an adopted bylaw after an interval of at least 24 hours following its adoption.

(2) Despite subsection (1), a resolution must not be reconsidered under this section if it has

(a) had the approval or assent of the electors and been adopted,

(b) been reconsidered under subsection (1) or section 131 [mayor may require Council reconsideration of a matter] of the Community Charter, or

(c) been acted on by an officer, employee, or agent of the District.

(3) For certainty, each resolution or reading of a bylaw may be reconsidered under this section.

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(4) Despite subsection (3), resolutions for third reading or final adoption of an official community plan bylaw or zoning bylaw must not be reconsidered.

(5) Council must not discuss the main matter referred to in subsection (1) unless a motion to reconsider that matter is adopted in the affirmative.

(6) A vote to reconsider must not be reconsidered.

(7) A voting requirement that applied to the adoption of the original resolution or bylaw applies to its reconsideration under this section.

(8) An adopted bylaw or resolution that is reaffirmed under this section or section 131 [mayor may require Council reconsideration of a matter] of the Community Charter is as valid and has the same effect as it had before reconsideration.

(9) An adopted bylaw or resolution that is not reaffirmed under subsection (1) or section 131 of the Community Charter is of no effect and is deemed to be repealed.

Privilege

26 (1) In this section, a matter of privilege refers to any of the following motions:

(a) fix the time to adjourn;

(b) adjourn;

(c) recess;

(d) raise a question of privilege.

(2) A matter of privilege must be immediately considered when it arises at a council meeting.

Reports from committees

27 Council may take any of the following actions in connection with a resolution it receives from a committee of the whole:

(a) agree or disagree with the resolution;

(b) amend the resolution;

(c) refer the resolution back to committee of the whole;

(d) postpone its consideration of the resolution. Adjournment

28 A Council may continue a council meeting after it has been in session for 3 hours by a two-thirds vote of the council members present.

PART 5 - BYLAWS Distribution of proposed bylaws

29 A proposed bylaw may be considered at a council meeting only if a copy of it has been delivered to each council member at least 24 hours before the council meeting.

Form of bylaws

30 A bylaw introduced at a council meeting must

(a) be printed,

(b) have a distinguishing name,

(c) have a distinguishing number, and

(d) be divided into sections.

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Bylaws to be considered separately or jointly

31 Council must consider a proposed bylaw at a council meeting either

(a) separately when directed by the presiding member or requested by another council member, or

(b) jointly with other proposed bylaws in the sequence determined by the presiding member.

Reading and adopting bylaws

32 (1) The presiding member of a council meeting may

(a) have the Corporate Officer present a synopsis of each proposed bylaw or group of proposed bylaws, and then

(b) request a motion that the proposed bylaw or group of bylaws be read.

(2) The readings of a bylaw may be given by stating its title.

(3) A proposed bylaw may be debated and amended at any time during the first three readings, unless prohibited by the Community Charter.

(4) Subject to section 882 [official community plan adoption procedures] of the Local Government Act, each reading of a proposed bylaw, other than a bylaw to adopt or amend an official community plan, must receive the affirmative vote of a majority of the council members present.

(5) In accordance with section 135 [requirements for passing bylaws] of the Community Charter, Council may give two or three readings to a proposed bylaw at the same council meeting.

(6) Council may read a bylaw up to three times in one resolution, but a bylaw must not be read more than once on the same day if any council member objects to doing so.

(7) Despite section 135 (3) [requirements for passing bylaws] of the Community Charter, and in accordance with section 890 (9) [public hearing] of the Local Government Act, Council may adopt a proposed official community plan or zoning bylaw at the same meeting at which the plan or bylaw passed third reading.

Bylaws must be signed

33 After a bylaw is adopted, and signed by the Corporate Officer and the presiding member of the council meeting at which it was adopted, the Corporate Officer must have it placed in the District’s records for safekeeping.

PART 6 - RESOLUTIONS Copies of resolutions to Council members

34 A resolution may be introduced at a council meeting only if a copy of it has been delivered to each council member before the council meeting begins, unless Council agrees to waive this requirement.

Introducing resolutions 35 The presiding member of a council meeting may

(a) have the Corporate Officer read the resolution, and

(b) request a motion that the resolution be introduced.

PART 7 - COMMITTEE OF THE WHOLE

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Going into Committee of the Whole

36 (1) At any time during a council meeting, Council may, by resolution, go into a committee of the whole.

(2) In addition to subsection (1), a meeting, other than a standing or select committee or commission meeting, to which all members of Council are invited to consider but not to decide on matters of the District’s business, is a meeting of committee of the whole.

Notice for Committee of the Whole meetings

37 (1) Subject to subsection (2), a notice and agenda of the day, hour and place of a committee of the whole meeting must be given at least 48 hours before the time of the meeting by

(a) posting a copy of the notice at the public notice posting places,

(b) emailing a copy of the notice to each council member, and

(c) upon request, leaving a printed copy of the agenda in the council member’s mailbox at the Municipal Hall.

(2) Subsection (1) does not apply to a committee of the whole meeting that is called, in accordance with section 36, during a council meeting for which public notice has been given under section 5 or 6.

Minutes of Committee of the Whole meetings

38 Minutes of the proceedings of a committee of the whole must be

(a) legibly recorded,

(b) certified by the Corporate Officer,

(c) signed by the member presiding at the meeting, and

(d) open for public inspection in accordance with section 97(1)(c) [other records to which public access must be provided] of the Community Charter.

Presiding members at Committee of the Whole meetings

39 The Mayor must preside in a committee of the whole, unless the Mayor appoints another member of Council to do so.

Points of order at meetings

40 The presiding member must preserve order at a committee of the whole meeting and, subject to an appeal to other members present, decide points of order that may arise.

Conduct and debate

41 The following rules apply to committee of the whole meetings:

(a) a member may speak any number of times on the same question;

(b) a member must not speak longer than a total of 10 minutes on any one question.

Voting at meetings

42 (1) Votes at a committee of the whole meeting must be taken by a show of hands if requested by a member.

(2) The presiding member must declare the results of voting. Reports

43 (1) A committee of the whole may consider reports and bylaws only if

(a) they are printed and distributed to each member of Council, or

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(b) a majority of the council members present decide without debate that the requirements of paragraph (a) do not apply.

(2) A motion for committee of the whole to rise and report to Council must be decided without debate.

(3) A committee of the whole’s reports to Council must be presented by the Corporate Officer.

Rising without reporting

44 (1) A motion made at a committee of the whole meeting to rise without reporting

(a) is always in order and takes precedence over all other motions,

(b) may be debated, and

(c) may not be addressed more than once by any one member.

(2) If a motion to rise without reporting is adopted by a committee of the whole at a meeting constituted under section 36 (1), the council meeting must resume and proceed to the next order of business.

PART 8 - COMMITTEES AND COMMISSIONS Duties of standing committees

45 Standing committees must

(a) deal with matters the Mayor considers would be better dealt with by committee, and

(b) consider, inquire into, report, and make recommendations to Council on matters referred by Council.

Duties of select committees

46 Select committees must

(a) consider or inquire into matters specified in the bylaw or resolution establishing the select committee, and

(b) report their findings and opinions to Council. Duties of commissions 47 Commissions must, in accordance with the bylaw or resolution establishing the

commission, and any applicable bylaw delegating powers, duties and functions to the commission, do the following:

(a) operate services;

(b) undertake operation and enforcement in relation to Council’s exercise of its authority to regulate, prohibit and impose requirements; and

(c) manage property and licences held by North Cowichan. Schedule of meetings

48 (1) At its first meeting after its establishment, a standing committee, select committee or commission must establish a regular schedule of meetings.

(2) The chair of a committee or commission may call a meeting of the committee or commission in addition to the scheduled meetings or may cancel a meeting.

Notice of meetings

49 The chair of a committee or commission must cause a notice and agenda of the day, time and place of a meeting to be

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(a) given to all members of the committee or commission at least 72 hours before the time of the meeting, and

(b) posted at the public notice posting places.

Attendance at meetings

50 Council members who are not members of a committee or commission may attend the meetings of the committee or commission to observe its deliberations.

Minutes of meetings

51 Minutes of the proceedings of a committee or commission must

(a) be legibly recorded,

(b) for a committee, record negative votes only upon request of the member who voted in the negative,

(c) be certified by the recording secretary,

(d) be signed by the chair or member presiding at the meeting, and

(e) be open for public inspection in accordance with section 97 (1) (c) [other records to which public access must be provided] of the Community Charter.

Application of rules to committee and commission meetings

52 The rules of the council procedure must be observed during committee and commission meetings, so far as is possible and unless as otherwise provided in this bylaw or the instrument establishing the select committee or commission.

Voting at meetings

53 (1) Council members attending a meeting of a committee or commission of which they are not a member must not

(a) speak at the meeting without permission of the committee or commission,

(b) participate in the debate, or

(c) vote on a question.

(2) The Mayor is an ex-officio member of all committees and commissions and as such has the same rights as other committee or commission members.

(3) While not obligated to attend meetings, the Mayor must, when attending, be counted in determining whether a quorum is present.

(4) A standing committee, select committee or commission may only revisit its recommendations to Council with leave of Council, or if directed to do so by Council.

PART 9 - PUBLIC HEARINGS Procedures

54 (1) Council must conduct a public hearing in the following order:

(a) call to order,

(b) explanation of the public hearing process,

(c) acceptance of petitions and late correspondence,

(d) introduction of the proposal,

(e) summary of correspondence,

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(f) presentation by proponent, and

(g) comments from the public.

(2) Only a council member may put a question to a person who speaks.

(3) No person may make a reply, rebuttal, or further submission without the presiding member’s permission.

PART 10 - GENERAL Severability and notice

55 (1) If any provision of this bylaw is for any reason held to be invalid by a court of competent jurisdiction, the provision must be severed so that the remainder of this bylaw remains valid.

(2) This bylaw must not be amended or repealed and substituted unless Council first gives notice in accordance with section 94 [requirements for public notice] of the Community Charter.

Repeal

56 Council Procedure Bylaw, No. 3497, is repealed.

_______________________


51


BYLAW 3604

Select Committees Bylaw

Contents

Section 1 Establishment 2 Purpose 3 Structure 4 Procedures 5 Repeals Schedule

WHEREAS Section 142 of the Community Charter authorizes a municipal council to establish and appoint a select committee to consider or inquire into any matter and to report its findings and opinions to Council; AND WHEREAS the Council of the Corporation of the District of North Cowichan considers it desirable to establish and maintain select committees to advise Council on various matters requiring specialized knowledge or experience; NOW THEREFORE the Council of The Corporation of the District of North Cowichan, enacts as follows: Establishment

1 The following select committees are established:

(a) Agricultural Advisory Committee;

(b) Audit Committee;

(c) Chemainus Advisory Committee;

(d) Community Planning Advisory Committee;

(e) Environmental Advisory Committee;

(f) Forestry Advisory Committee;

(g) Parks and Recreation Advisory Committee;

(h) Sports Wall of Fame Nomination Committee.

Purpose

2 (1) The general purpose of each select committee is to act in an advisory capacity to Council.

(2) The specific purpose of each select committee is described in the Schedule attached to and forming part of this bylaw.

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Structure

3 (1) Each select committee must consist of 7 members, with the exception of the Forestry Advisory Committee which consists of 5 members.

(2) At least one member of each select committee must be a member of Council.

(3) The number of non-council members on each select committee, if any, is shown and described in the Schedule.

(4) All appointments, except those of Council members, may be for up to 3-years, and may be renewed at the pleasure of Council.

(5) Appointments to committees must be made by Council as terms expire or vacancies occur.

Procedures 4 (1) The Council Procedure Bylaw applies to all select committees.

(2) The committee chair must be the council member appointed to the select committee.

(3) In the absence of the committee chair, the members must select a member present at the meeting to chair that meeting.

(4) The committee may hold meetings at the call of the chair, and according to the schedule of committee meetings proposed by the Corporate Officer.

(5) Each select committee must

(a) advise Council on matters referred to it by Council in an expeditious manner, and

(b) before making a recommendation, consider the Official Community Plan and other applicable bylaws and policies.

(6) The chair, or presiding member in the absence of the chair, must preserve order at all meetings and, subject to an appeal to other members present, decide points of order that may arise.

(7) A member who is absent for 3 consecutive meetings without leave of the committee is deemed to have resigned from the committee.

(8) Sections 100 [disclosure of conflict] and 101 [restrictions on participation if in conflict] of the Community Charter apply to each member of a select committee.

(9) A select committee may adopt additional rules of procedure for the committee, provided they are not inconsistent with the Council Procedure Bylaw.

Repeals

5 “Select Committees Bylaw”, No. 3564, is repealed. _______________________


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SCHEDULE

Item Column 1 Select Committee

Column 2 Purpose

Column 3 Non-Council Membership

1 Agricultural Advisory Committee

1. Advise Council on ways to oversee and implement North Cowichan’s Strategic Agricultural Plan.

2. Review and consider land uses in or abutting agricultural land, as referred by Council.

up to 6

(with interest or experience in agriculture)

2 Audit Committee 1. Perform annual assessments and periodic comprehensive reviews of external auditors.

2. Recommend appointment and termination of auditors.

3. Review and approve the annual audit plan.

4. Review audited financial statements and independent auditor's reports.

5. Meet with external auditors as required.

6. Review and discuss systems and controls to identify, monitor, and mitigate significant financial and business risks.

none

3 Chemainus Advisory Committee

Advise Council on: 1. broad issues affecting Chemainus

residents, as referred by Council; and

2. matters consistent with the long-term vision for Chemainus articulated in the Official Community Plan.

up to 6

(mix of Chemainus residents and Chemainus organizations)

5 Community Planning Advisory Committee

Advise Council on: 1. planning and land use

management; 2. heritage conservation; and 3. community planning issues.

up to 6

6 Environmental Advisory Committee

1. Advise Council on ways to oversee and implement North Cowichan’s Climate Action and Energy Plan (CAEP).

2. Provide recommendations to Council on expenditures from the CAEP Reserve Fund.

3. Review and consider local

up to 6

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Item Column 1 Select Committee

Column 2 Purpose

Column 3 Non-Council Membership

environmental issues, as referred by Council.

7 Forestry Advisory Committee

1. Advise Council on forest reserve management and forestry issues.

2. Audit Forestry Department operations.

3. Review Forestry Department financial plan.

up to 4

(3 of which must be registered to practice Forestry in BC)

8 Parks and Recreation Advisory Committee

Advise Council on: 1. municipal leisure and recreation

issues, as referred by Council; 2. ways to oversee and implement

North Cowichan’s Parks and Trails Master Plan; and

3. the parks and recreation component of the financial plan.

up to 6 (including one representative from Duncan Council)

9 Sports Wall of Fame Nomination Committee

1. Recommend individuals and teams for recognition on the Sports Wall of Fame.

up to 6

55

Report

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

Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca

Date December 9, 2015 File: 5460-50

To Council

From David Conway, P.Eng., Director of Engineering and Operations Endorsed:

Subject Caution Farm Equipment Signs

Purpose

The purpose of this report is to advise on the Agricultural Advisory Committee farm equipment warning

sign style recommendation to Council from the October 20, 2015 meeting.

Background

Council referred the matter of farm equipment warning signage style to the Agricultural Advisory

Committee for further review.

Discussion

The Agricultural Advisory Committee has recommended that farm equipment signs be 75 cm square

with a black tractor on a white background enclosed in a red triangle surrounded by a yellow border.

Below the main sign would read “Caution - Farm Equipment”. An example of this sign is attached as

Figure 1.

Staff feel that the creation of a custom sign is not necessary and will not result in greater awareness

versus the standard signage with the “Caution – Farm Equipment” added (Figure 2). This signage meets

North Cowichan and Provincial standards. When installed in locations recommended, the standard signs

will improve awareness and meet objectives.

Staff are in agreement that the “Caution - Farm Equipment” text should be added below to either

sign.

Recommendation

That Council support the standard sign that is 75 cm by 75 cm with the additional “Caution - Farm

Equipment” sign as shown in Figure 2.

Attachment(s): 1

56

Figure 1 Figure 2

57

Report



Date December 7, 2015 File: 6240-20/CRSBP

To Council

From Ernie Mansueti, Manager of Parks and Recreation Endorsed:

Subject Crofton Skate Park Site Location

Purpose

The purpose of this report is to request Council approval of the Crofton Skate Park location at 1537

Chaplin Street.

Background

At the Council meeting on November 4, 2015, staff was directed to hold a meeting to receive feedback

from the public on the concept plan for a skate park at 1537 Chaplin Street in Crofton.

Discussion

The Open House was promoted through hand–delivered notices to adjacent residents and businesses

on Chaplin Street, highlighted on the Crofton Community sign at the elementary school, an article in

the November 27 edition of the Cowichan Valley Citizen, a media release, through various social media

tools and on the municipal website.

The Open House was held at the Crofton Community Centre on Monday, November 30. A concept plan

was presented at the Open House and is shown in attachment “A”. There was no negative opposition to

the proposed site. Approximately 35 people were in attendance with 17 comment cards being received.

A synopsis of the comments received is shown in attachment “B”.

A teleconference was also held with BC Ferries representatives and they were supportive of the skate

park location. In the future BC Ferries would like to have a dialogue in regard to any future

development on the property as they are reviewing options for terminal expansion.

Recommendation

That Council approve the location for the skate park at 1537 Chaplin Street as shown in attachment

‘A”

Attachments: A - Concept Plan

B - Synopsis

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Report



Date November 24, 2015 File: 3060-01

To Council

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

Subject Notice of Development Variance Permits

Purpose

The purpose of this report is to recommend that Council set policy to streamline the processing of

development variance permits.

Background

Development variance permits are typically processed as follows:

1. Development variance permit applications are received and reviewed by staff.

2. Staff prepares a technical report on the planning and engineering elements of the application

and provides a recommendation to Council on whether Council should provide notice that it

proposes to issue the permit.

3. Council considers the staff recommendation and passes a motion indicating that it proposes to

issue the permit, or passes a motion not authorizing the statutory notice.

4. If authorized, staff prepares and delivers the statutory notice to surrounding property owners to

inform them of the meeting at which Council proposes to issue the permit and to invite public

input.

5. The Community Planning Advisory Committee reviews the application based on community

planning principles, and recommends that Council either deny or issue the permit.

6. Council meets, hears from staff and the public, considers the staff and Committee

recommendations, and votes to issue or deny the permit.

7. If issued, the permit is issued and notice filed on title in the Victoria Land Registry.

Discussion

Section 922 (4) of the Local Government Act says “If a local government proposes to pass a resolution to

issue a permit under this section, it must give notice of its intention in accordance with subsections (5)

and (6).” The Act defines “local government” to mean “the council of a municipality” so, if Council

proposes to pass a resolution to issue a permit under this section, the Act requires that Council must

give notice of its intention.

Section 922 (4) implies that Council would indicate on a case-by-case basis if it proposes to pass such a

resolution. In staff’s opinion, this does not preclude Council from delegating this duty or setting policy

that it proposes to pass resolutions to issue all development variance permits.

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Council may, by bylaw, delegate certain powers to a Council member, officer, employee, Council

committee or other body established by Council. Under section 16 (2) (d) of its Delegation of Authority

Bylaw, Council has delegated the duty to give notice but not the power to say that Council proposes to

pass a resolution to issue a permit.

Council could also formally delegate the power to say that Council proposes to pass a resolution to

authorize a development variance permit. Alternately, Council could establish a policy that Council

proposes to pass resolutions to issue every development variance permit. Either option would

streamline the overall process.

Options

1. Maintain the current process of deciding on a case-by-case basis whether Council proposes to

pass resolutions to issue development variance permits. This is an unnecessarily cumbersome

process in that it requires that the application be presented to Council twice: first to authorize

that the notice be provided, and second to consider issuance of the permit. Doing so typically

adds between 2-4 weeks to the processing time for a permit.

2. Delegate power to say that Council proposes to issue a permit. By amending the Delegation of

Authority Bylaw, Council could delegate power to a person (e.g. Director of Development

Services) to give the indication that Council proposes to pass a resolution authorizing a

development variance permit. The amendment could allow an applicant to appeal to Council if

the delegate decides not to give notice. Delegating this power to staff would legalize the

procedure that was essentially employed up until a few months ago.

3. Set policy that Council proposes to pass resolutions to issue all development variance permits.

This will streamline the process by allowing the notice to be sent out immediately following

completion of the technical review by staff. It also enables the public to have access to the staff

report and Committee recommendation as the public considers whether to submit comments to

Council or attend the Council meeting at which Council will vote on the resolution to issue the

permit. (Staff Recommendation).

Recommendation

That Council set policy that it

1. propose to pass resolutions to issue development variance permits for all applications received,

and

2. consider issuance of development variance permits only after inviting and considering public

input.

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Report



Date December 9, 2015 File: 0390-01

To Council

From Dave Devana, Chief Administrative Officer Endorsed:

Subject Attendance of Councillors at Conferences

Purpose

The purpose of this report is to provide Council with information on conferences, seminars and

conventions attended by Council members, particularly over the last year.

Background

At its November 4, 2015, regular meeting, Council initiated discussion on its current policy on

attendance at the yearly Federation of Canadian Municipalities conference. Following brief discussion,

Council expanded its discussion to include conference and convention attendance generally, and

subsequently requested that staff provide a report describing the conferences attended, the attendees,

and the associated costs.

Discussion

Listed below is a brief summary of conferences and workshops typically attended by members of

Council.

Association of Vancouver Island & Coastal Communities (AVICC)

The AVICC is one of five area associations of local governments throughout British Columbia which

represent municipalities, regional districts and other local governments in order to advance local

government principles and issues. Area associations work under the umbrella of the UBCM (see below).

Resolutions supported by the AVICC are advanced to UBCM.

The Municipality is a member of AVICC and all members of Council usually attend the annual AVICC

convention. In 2015, the AVICC convention was held in Courtenay. Five Councillors attended, at a total

cost of $3,621.29.

(The Mayor also attended and the Cowichan Valley Regional District [CVRD] paid the registration fee

due to his role as Chair of the CVRD Board.)

It is recommended that all members of Council be permitted to attend the AVICC annual

convention.

Union of British Columbia Municipalities (UBCM)

UBCM provides a common voice for local governments throughout the entire province and it uses the

annual convention as the main forum for policy-making. Positions developed by members are carried

on behalf of the members to other orders of government and organizations involved in local affairs.

65



The Municipality is a member of UBCM and all members of Council usually attend the annual UBCM

convention. In 2015, the UBCM convention was held in Vancouver. Six Councillors attended at a cost of

$13,689.86.

(The Mayor also attended and the CVRD paid for $935.23 of his $1,376.17 total costs.)

It is recommended that all members of Council be permitted to attend the UBCM annual

convention.

Federation of Canadian Municipalities (FCM)

FCM is a national voice of municipal government and advocates on behalf of municipalities all across

Canada. Municipal leaders meet annually to establish FCM policy on key issues, including, for example,

level of the Gas Tax Fund allocated to local government, and ongoing work with the Government of

Canada to develop a new long-term infrastructure replacement plan.

The Municipality is a member of FCM and typically sends the Mayor to the annual FCM convention.

Council’s current policy on attendance is that the Mayor, “. . . select one Councillor to attend the annual

Federation of Canadian Municipalities’ conference.” Historically the Mayor has been Council’s only

representative at the convention with the exception being the year FCM was held in Vancouver.

In 2015 the Mayor attended the annual FCM convention at a cost of $2,513.95. These costs are not

included in the Council conference budget as the Mayor’s office has a separate annual budget. The

Cowichan Valley Regional District paid for the registration fee of $799, plus taxes, due to the Mayor’s

position as Chair of the Board.

It is recommended that the Mayor and one Councillor, selected by the Mayor, attend the FCM

annual convention.

Vancouver Island Economic Alliance (VIEA)

VIEA is a regional alliance of local government, First Nations, businesses and other key stakeholders that

collaborate on broad-based economic development programs to improve and strengthen the region’s

economic capacity.

The Municipality is a relatively new member of VIEA and has previously sent one councillor to the

annual Economic Summit after requesting leave of Council. In 2015 one member of Council attended

the Summit at a cost of $493.75.

It is recommended that all Councillors be permitted to attend the VIEA annual Economic Summit.

The following functions are typically considered elective. Those interested in attending request leave of

Council and attendance is based on available budget resources.

66



Local Government Leadership Academy (LGLA)

The LGLA is a leadership development initiative originally presented by UBCM which provides training

and educational resources to local elected officials and senior administrators across BC designed to

improve leadership competencies.

The most common training opportunities accessed by Council historically have been the Elected

Officials Seminar held after local government elections, the ongoing Seminar Series, and the LGLA

Leadership Forum. Occasionally, there are also specialized opportunities throughout the year that some

Councillors have expressed interest in attending.

In 2015, five members of Council attended the Elected Officials Seminar Series at a cost of $3897.50.

It is recommended that all members of Council be permitted to attend the yearly Elected Officials

Seminar Series.

It is also recommended that any member of Council who wishes to attend an LGLA hosted

seminar/event request leave of Council to attend, subject to available budget.

Miscellaneous seminars, conferences, and conventions

Along with the standard yearly cycle of conferences, there are miscellaneous events that were attended

throughout the year.

It is recommended that requests from any member of Council wishing to attend miscellaneous

events held throughout the year be approved at the leave of Council, subject to available budget.

Options

Option 1 - Keep the status quo.

Option 2 (Recommended) - That Council approve the recommended attendance levels as outlined in

the above recommendations.

Implications

Due to the nature of AVICC and UBCM, Council as a body should continue to attend as this is the

method by which municipal issues and initiatives are vetted and advanced to other levels of

government (i.e. BC Government). To date, expenses for Councillors to attend have not exceeded the

allotted budget.

Economic development within North Cowichan, and through the greater Cowichan Valley, has

continued to be an important priority of Council. As such, greater focus on attendance at the annual

VIEA conference is recommended. Based on previous attendance, there is sufficient budget allotted to

support this practice.

It is recommended that sufficient budget be allotted for Council members to attend LGLA functions as

this is one of the best opportunities for elected officials to benefit from educational and training

opportunities, and leadership initiatives designed specifically to help elected officials fulfill their roles

67



and responsibilities. Additionally, ongoing seminars provide local government representatives with

relevant updates on important legal, financial, and various community issues. To date, the budget has

appears to be sufficient to support this practice.

Miscellaneous functions which some members of Council may be interested in attending as Council’s

representative should be referred to a meeting of Council for review and approval, including

determining whether budget is available. In all of these cases, a report should be given by the

member(s) of Council on the matters discussed at the function for the benefit of those not attending.

This report should be delivered to Council at the next possible opportunity following attendance.

Increasing attendance beyond the previous practice and recommendations outlined above would

require that Council increase its current budget for conference attendance and expenses.

Recommendation

That Council approve attendance at conferences and miscellaneous functions as outlined in Option 2 of

the Chief Administrative Officer’s December 9, 2015, report.

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Report



Date December 9, 2015 File: 5355-70 MBM

To Council

From Clay Reitsma, P.Eng, Manager of Engineering Endorsed:

Subject Maple Bay Sewer Fee and Tax

Purpose

The purpose of this report is to recommend that Council direct staff to draft bylaws to impose a local service

tax and user fee to fund the operation of the Maple Bay Sewer local area service.

Background

The Maple Bay Marina built the Maple Bay Sewage Treatment Plant and transferred it to North Cowichan in

2011. The treatment plant serves the Marina and surrounding lands (see Figure 1 attached). Under the

transfer agreement, the Marina agreed to pay for the operation of the plant until North Cowichan

established a system to fund its operation.

Council adopted Bylaw 3585 on September 16, 2015, which established the local area service. It is now time

to establish charges to operate the system.

Discussion

Bylaw 3585 requires that the system be funded by a combination of local service taxes and user fees. Each

property must pay the tax but only properties that connect to the system must pay the user fee.

Based on past operating costs, staff estimates it will cost approximately $50,000 per year to operate the

system in 2016. The tax for 2016 will be $1,870 per hectare (area tax calculation). Properties that are

connected to the system will pay $1,000 per equivalent residential unit in 2016. Staff will review the local

service tax and user fee on an annual regular basis and recommend adjustments as appropriate to ensure

there are sufficient funds to operate the system.

Aside from the Maple Bay Marina, which represents a large number of the non-residential connections (as

well as one large lot), residential parcel owners will pay on average a $278 parcel tax per year while parcels

that have been built on and connected to the system will pay on average $1,368 in 2016.

Recommendation

That Council direct staff to draft a bylaw to 1) impose a local service tax for the Maple Bay sewer local area

service and 2) amend the Fees Bylaw to charge a sewer user fee within the Maple Bay sewer local area

service.

Attachment(s): 1

69



Figure 1 Maple Bay sewer service area boundary and lot numbers.

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Report



Date December 9, 2015 File: 5225-01 EMBC4

To Council

From Clay Reitsma, P.Eng., Manager of Engineering Endorsed:

Subject Canada Avenue Flood Pump Station – Archimedes Screw Pump Order

Recommendation

Purpose

The purpose of this report is to recommend that Council direct staff to enter into a purchase agreement

with Spaans Babcock for the purchase of two Archimedes screw pumps for the new Canada Avenue

Flood Pump Station being constructed as part of the Emergency Management BC Tier 4 Flood

Protection Project.

Background

At its’ regular council meeting of April 15, 2015, Council approved the sole source purchase of two

Archimedes screw pumps from Spaans Babcock for the Canada Avenue Flood Pump Station for

approximately $750,000. Similar approval was also granted by City of Duncan Council at its’ April 20,

2015 regular council meeting. Both the MNC and City council resolutions required that staff come back

to the respective councils for approval to enter into a purchase agreement with Spaans Babcock once

the final price was known.

Discussion

The pump station design is complete to the point where the details around the configuration of the

pumps and ancillary equipment are known. Spaans Babcock has submitted a price based on the said

design in the amount of $682,767 (including PST). This is approximately $67,000 below the cost

estimate provided in the previous report to Council.

Staff are recommending that the Municipality enter into a purchase agreement with Spaans Babcock.

Recommendation

That Council direct staff to enter into a purchase agreement with Spaans Babcock for the purchase of

two Archimedes screw pumps for the Canada Ave Flood Pump Station in the amount of $682,767

(including PST).

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RECEIVED

DEC 8 2015

DISTRICT OFNORTH COVVICHAN

6529 Genoa Bay Road,

Duncan, BQV9L5Y3,

December 7, 2015.

Dear Mayor Lefebure and Council,

Further to the December 2, 2015, ceremony in the Municipal Chambers, at which

Council conferred on me the Freeman of the Municipality, 1 want to take this

opportunity to express to Council in writing my profound gratitude for the award of

this exceptional honour.

I thank Your Worship for your account of my contribution to Councils activities, and

especially to be reminded of my association with some of the challenging events of

the past. I felt honoured by the attendance at Council's invitation of friends, former

colleagues and municipal staff. The ceremony also provided a welcome opportunity

for my family to observe firsthand something of the environment in which

Councillors serve, for which 1 am grateful.

Finally, I wish the record to show my gratitude for the ceremonial arrangements,

including the reception, made by Council, and so graciously coordinated by the

former Deputy Clerk, Mary Beth MacKenzie.

Marie-Claire and I will cherish both the memory of the occasion and the honour

conferred by Council.

Yours Sincerely,

George W Seymour

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