municipality of north cowichan regular council agenda€¦ · november 25, 2013 recommendation from...

MMunicipality of North CowichanRegular Council

Agenda

Date: Wednesday, December 18, 2013Time: 3:00 pmLocation: Municipal Hall - Council Chambers

Pages

1. Call to Order

2. Approval of Agenda

3. Adoption of Minutes 6 - 19

Recommendation:

That Council adopt the following minutes:

1. September 24, 2013 Stoney Hill Task Force (disbanded),2. November 25, 2013 Communications Committee (disbanded),3. November 27, 2013 Committee of the Whole, and4. December 4, 2013 Regular Council meeting minutes.

4. Public Meetings & Hearings

5. Delegations & Presentations

5.1 Terri Dame - Youth Safety in the Cowichan Region 20 - 28

5.2 Norris Edwards - Parking Commercial Vehicles on Residential Land

6. Public Input

Brief public input from registered speakers regarding agenda items.

7. Reports

7.1 Communications Plan 29 - 38

November 25, 2013 recommendation from Communications Committee toapprove draft Council Communications Plan

Recommendation:

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That Council approve the Council Communications Plan, as recommended bythe Communications Committee, and hire a part-time employee in 2014 toimplement the Plan.

77.2 Crofton Art Group Kiosk 39 - 39

Proposal to build an art kiosk on Municipal land south of Crofton BC Ferryterminal.

Recommendation:

That Council approve the Crofton Art Group's proposal to site an art kiosk onMunicipal land south of the Crofton BC Ferry terminal that is built and installedwith Municipal labour.

7.3 Invasive Species Education and Eradication

November 25, 2013 recommendation from Communications Committeeregarding invasive species education and eradication.

Recommendation:

That Council direct staff to (1) make invasive species public education and thedevelopment of an eradication strategy a priority for the 2014 environmentalstudent's work program, and (2) urge all local governments in the region to alsomake invasive species education and eradication a priority in their jurisdictions.

7.4 Energy Efficiency Building Standards 40 - 45

November 28, 2103 recommendation from Climate Change AdvisoryCommittee regarding energy efficiency building standards.

Recommendation:

That Council support the November 18, 2013 proposed letter to the Provincialgovernment requesting higher building standards to promote energy efficiencyand achieve climate targets.

7.5 Sanitary Sewer Service to 6011 Cassino Road 46 - 48

Proposal to include 6011 Cassino Road within the boundaries of the South EndSewer Local Area Service.

Recommendation:

That Council include 6011 Cassino Road within the South End SewerLocal Area Service, subject to the property owner:

1. paying the Capital Cost Charge of $983.00 ($1,815.00 after December 31,2013);

2. paying the connection costs;3. signing a local service area agreement;4. installing a private sewer pump, if gravity connection is not possible; and

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5. obtaining a plumbing permit to install the service.

77.6 Contribution to Watermain Oversizing - 3695 Drinkwater Road 49 - 50

Requirement to provide oversize watermain and compensation for doing so.

Recommendation:

That Council (1) require Drinkwater Industrial Park Ltd. to provide excessservices in its proposed subdivision, in the form of a 250 mm diameterwatermain (instead of a 200 mm diameter watermain), and (2) reimburse thecompany $7,387.90 from the South End Water Surplus Fund, subject tocompany waiving its right to latecomer reimbursement.

7.7 Sewage Lagoons Capacity Recalculation 51 - 69

Recommendation:

That Council endorse the recommendation of the Joint Utilities Board that thecapacity of the waste water treatment plant be increased from 14,264 units to17,300 units, based on Delcan's November 2013 Lagoon Capacity Re-assessment Study, and that the extra capacity units be distributed to the usersas follows:

1. North Cowichan Sewer System - 1,630 units;2. City of Duncan Sewer System - 945 units;3. Eagle Heights Sewer System - 210 units;4. Cowichan Bay Sewer System - 187 units; and5. Cowichan Tribes Sewer System - 64 units.

8. Bylaws

8.1 "Fees Amendment Bylaw (No. 4), 2013", No. 3529 70 - 75

Bylaw to amend fees related to administration business licensing, cemeteries,engineering, planning, and wharves.

Recommendation:

That Council adopt "Fees Amendment Bylaw (No. 4), 2013", No. 3529.

8.2 "Revitalization Tax Exemption Bylaw", No. 3526 76 - 90

Bylaw to replace current bylaw in order to also exempt food and beverageprocessing facilities on industrial land.

Recommendation:

That Council adopt "Revitalization Tax Exemption Bylaw", No. 3526.

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88.3 "Miscellaneous Bylaws Amendment and Repeal Bylaw, 2013", No. 3527 91 - 92

Bylaw to make amendments to Animal, Cemetery, Council Procedure,Interpretation and other bylaws.

Recommendation:

That Council adopt "Miscellaneous Bylaws Amendment and Repeal Bylaw,2013", No. 3527.

9. Correspondence

10. Notices of Motions

11. Review of Committee Minutes 93 - 97

1. Community Planning Advisory Committee - November 18, 2013.2. Climate Change Advisory Committee - November 28, 2013.

12. Unfinished and Postponed Business

13. New Business

14. Question Period

15. Committee of the Whole

15.1 Intermunicipal Relationship Protocol 98 - 111

Draft Protocol referred from the November 27, 2013 Committee of the Wholemeeting for further discussion of the conflict resolution process.

Recommendation:

That Council support inclusion of the following dispute resolution principle in itsdraft Intermunicipal Relationship Protocol with the City of Duncan: "Seek toresolve problems in a timely, inexpensive, informal, and cooperative manner(subject to Part 9, Division 3, of the Community Charter)".

15.2 Capital Expenditure Plan 112 - 133

Presentation and review of 2014 - 2018 Capital Budget.

15.3 Length of Regular Council Meetings

Discussion postponed from November 20th meeting due to lack of time. Theissue may be partially addressed by the earlier start time commencing inJanuary. Other options include:

1. Enforce delegates' 10 minute time limit;2. Coach delegates to be more organized and succinct;3. Require 1 page summary from delegates;

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4. Limit delegations to 3 per meeting;5. Limit questions to delegates;6. Avoid staff presentations where unnecessary; 7. Study agenda package thoroughly;8. Seek clarification before meeting;9. Enforce council members' 10 minute speaking time limit;10. Require 2/3 majority to extend meeting length.

116. Closed Session

Closure of the meeting to the public under section 90 (1) (a) [personal information], (d)[security of property], (e) [property acquisition], and (g) [litigation] of the CommunityCharter.

17. Adjournment

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Municipality of North Cowichan Stoney Hill Task Force

MinutesDate:Time:Location:

September 24, 2013 9:00 am Municipal Hall - Committee Room

Members Present Jon Lefebure, Mayor Bill Heath Larry McIntosh Dave Messier Barb Stone

Members Absent Paul Tataryn

Staff Present Dave Devana, Chief Administrative Officer Scott Mack, Director of Planning and Development John Mackay, Director of Engineering and Operations David Conway, Manager of Engineering (Development and Capital Projects) Nancy Tates, Executive Assistant

Guests Present Councillor Ruth Hartmann Councillor Kate Marsh Councillor Barb Lines Councillor Jennifer Woike Rob Hutchins, Mayor, Town of Ladysmith Arvid Charlie, Elder, Cowichan Tribes Alex Johnny, Elder, Cowichan Tribes Tracy Fleming, Referral Coordinator, Cowichan Tribes Eamon Gaunt, Cowichan Treaty Analyst, Cowichan Tribes

1. Call to Order

There being a quorum present, the Chair called the meeting to order at 9:05 a.m.


The Committee approved the agenda as circulated.

3. Adoption of Minutes

The Committee adopted its September 5 and September 10, 2013, meeting minutes.

_____________________________________________________________________

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September 24, 2013 - Stoney Hill Task Force Minutes

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4. Business

4.1. Review of Stoney Hill Tour

Committee members expressed appreciation for the informative tour of the Maple Bay Peninsula noting that it promoted a greater understanding of the benefits and challenges to the proposed road route and standard.

The Committee welcomed representatives of Cowichan Tribes, attending as observers, who, at the Chair’s invitation, conveyed their viewpoints about the area generally, including its cultural significance and its importance as an area for food harvesting.

The Committee confirmed that it had received sufficient background and technical information to make its recommendation.

4.2. Road Route and Standard

The Committee discussed the Petitioners' proposed road route and standard through Stoney Hill. The Committee presented the Stoney Hill Road Task Force recommendations and completed the Stoney Hill Task Force Worksheet that was agreed would be attached to and form part of the recommendation.

Recommendation: That Council strive to make the present Maple Bay Peninsula Local Area Service Petition work, with consideration given to the following:

1. that a road system, comprising four or five segments, should be built across Birds Eye Cove Farm and into Stoney Hill, generally following the Petitioners' road route;

2. that the Petitioners' road route through the Farm to the edge of the Municipal forest is acceptable, and is considered the foundation of the entire route;

3. the Petitioners' road should be narrowed to six metres for the travelled surface based on the related standards associated with the narrower road width;

4. that a 12% maximum grade is generally preferable, as defined by the Petitioners' road route, with recognition that some parts of Fairweather Road will not conform;

5. that any possible purchase of additional park lands in the future is supported and should be seen as a positive event;

6. that the blue spur (so-called 'Bourke' driveway road) may not be necessary and could be dealt with at a later time;

7. that the road should permit a BC Hydro right-of-way in such a manner as to minimize impacts on the land, and should only be used if alternate options are not possible.

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5. Adjournment

The meeting ended at 10:24 a.m.

_________________________Chair

_________________________Recording Secretary

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Stoney Hill Task Force Worksheet Use this worksheet to record your input on the proposed Petitioners’ road route through Stoney Hill. The input received will form the basis for the Task Force to make a recommendation to Council for consideration at its October 2, 2013, regular meeting.

ROAD ROUTE & STANDARD

Stoney Hill Mainline

Fairweather Road

SH200 (Bourke)

West Shore Road

Support the proposed road route? Yes Yes No Yes

Surface width (indicate metres) 6 meters (max) 5 meters (max) N/A 5 meters (max)

Maximum grade (indicate percentage) Up to 12% (see note 1)

Up to 12% (see note 1)

N/A Up to 12% (see note 1)

Right-of-way widths

� accommodate hydro in future Yes (note 2) Yes (note 2) n/a Yes (note 2)

Surface material

� chip seal Note 3 Note 3 n/a Note 3

� gravel Yes Yes n/a Yes

Maintenance level

� grading twice annually Note 4 Note 4 Note 4 Note 4

� dust control once annually Note 4 Note 4 Note 4 Note 4

� no snowplowing Note 4 Note 4 Note 4 Note 4

� no garbage collection Note 4 Note 4 Note 4 Note 4

Note 1: Task Force recognized that grades greater than 12% may be necessary in certain sections (e.g. Fairweather section at east end of road)

Note 2: Task Force recommended minimizing impact along road right of ways, and using existing hydro infrastructure corridors when applicable

Note 3: Task Force supports chip seal on steeper grades (e.g. > 12%) to increase safety and minimize maintenance costs

Note 4: Task Force supported at least the minimum maintenance levels noted in the Local Area Service petition

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Municipality of North Cowichan Communications Committee

MinutesDate:Time:Location:

November 25, 2013 9:00 am Municipal Hall - Committee Room

Members Present Councillor Barb Lines, Chair Councillor Kate Marsh Councillor Al Siebring Mayor Jon Lefebure (ex-officio)

Staff Present Dave Devana, Chief Administrative Officer (CAO) Mary Beth MacKenzie, Deputy Municipal Clerk Nancy Tates, Executive Assistant Darrell Frank, Municipal Forester

1. Call to Order

There being a quorum present, the Chair called the meeting to order at 9:04 a.m.


The Committee approved the agenda, as amended, to defer item 4.1 Draft Council Communications Plan, to the end of the agenda.

(For ease of reading and cross reference with the agenda, these minutes are recorded in agenda order.)


The Committee adopted its October 21, 2013, meeting minutes.

4. Business

4.1. Draft Council Communications Plan

The Committee reviewed the draft Council Communications Plan noting that the Plan includes communications principles and practices for:

- issue management; - enhanced public engagement; and - public awareness and education.

The Committee expressed its support for the proactive approach of the Plan and discussed the need to provide appropriate financial and staff resources for long-

_____________________________________________________________________

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November 25, 2013 - Communications Committee Meeting Minutes

2

term success. The Committee also expressed its support to hire a part-time individual with a communications background to assist in Plan implementation.

The Committee closed the meeting to the public at 10:21 a.m., under the authority of section 90(1)(c) of the Community Charter, and rose, without reporting at 10:49 a.m.

The Committee requested that staff make a presentation on the draft Council Communications Plan at an upcoming Council meeting.

Recommendation: That Council approve the Council Communications Plan and allocate funding in the 2014 Financial Plan to hire a part-time community liaison officer to implement the Plan.

Carried

4.2. Invasive Species Education and Communication

The Committee received a brief update from the Municipal Forester regarding his role on the Coastal Invasive Species Committee as the Municipality's representative, noting some of the resources available for public education.

The Committee noted that Council had requested recommendations on invasive species education. Following discussion, the Committee requested that staff contact neighbouring municipalities within the Cowichan Valley Regional District to determine their level of interest in developing a regional education and eradication strategy.

The Committee also discussed how current resources could be used to promote greater education within the Municipality and agreed that researching options, resources, grant funding opportunities, and partnerships should be the main priority of the environmental student program in 2014.

Recommendation: That Council direct staff to prioritize invasive species public education and the development of an eradication strategy in the environmental student program in 2014; and further, direct staff to contact member municipalities of the Cowichan Valley Regional District to advise that developing a regional invasive species public education and eradication strategy is a priority.

Carried

4.3. Website Publicity Ads

The Committee reviewed a number of draft website publicity micro ads and expressed support to forward an example and an advertising schedule to Council for approval.

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November 25, 2013 - Communications Committee Meeting Minutes

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4.4. First Nations Communications Protocol

The Committee discussed options to improve communication with First Nations on matters of mutual interest. The Mayor offered to attend Chief and Council meetings periodically in order to convey information on Municipal initiatives and to address questions or concerns.

4.5. Ideas

The Committee did not introduce any new topics for discussion, but did acknowledge that it had fulfilled its mandate, as directed by Council, to develop a Council Communications Plan. It was also noted that, as per the Committee's Terms of Reference, the Committee will be discontinued, effective December 31, 2013.

6. Adjournment

The meeting ended at 10:53 a.m.

_________________________Chair

_________________________Recording Secretary

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Municipality of North Cowichan Committee of the Whole

Minutes Date: Time: Location:

November 27, 2013 3:00 pm Municipal Hall - Council Chambers

Members Present Mayor Jon Lefebure

Councillor Ruth Hartmann Councillor Kate Marsh Councillor Al Siebring

Members Absent Councillor John Koury

Councillor Barb Lines Councillor Jen Woike

Staff Present Dave Devana, Chief Administrative Officer (CAO)

John Mackay, Director of Engineering and Operations Mary Beth MacKenzie, Deputy Municipal Clerk Scott Mack, Director of Planning and Development

City of Duncan Present

Mayor Phil Kent Councillor Martin Baker Councillor Michelle Bell Councillor Tom Duncan Councillor Michelle Staples Peter de Verteuil, Chief Administrative Officer (CAO) Karen Burley, Corporate Officer Abbes Farahbakhsh, Director of Operations Michelle Geneau, Planner

1. Call to Order

There being a quorum present, the Mayor called the meeting to order at 3:00 pm.


Council approved the agenda as circulated.

3. Public Input

Council received brief public input from one registered speaker.

_____________________________________________________________________

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November 27, 2013 - Committee of the Whole Minutes

2

4. Business

4.1. Diking Projects and Diking Authority

Council received a presentation from Clay Reitsma, Manager of Engineering (Infrastructure & Environment), on flood protection work and associated costs from 2010 to November 2013. Mr. Reitsma also provided information and answered questions on past and future funding intakes and cost-sharing, and 2013/2014 emergency response in the urban core, Rosewood Avenue, and Seine Road areas.

4.2. University Village

Council received an update from Brian Green, Deputy Director of Planning and Development on the University Village Local Area Plan. Council questioned Mr. Green regarding boundaries, public engagement, and development cost charges.

4.3. Intermunicipal Relationship Protocol

Council reviewed the draft Intermunicipal Relationship Protocol and generally agreed with it, subject to further review of conflict resolution provisions. Council directed staff to refer the draft conflict resolution process of the Intermunicipal Relationship Protocol to an upcoming Council meeting for further discussion.

4.4. Duncan Water System Transfer

Council received a verbal update from Peter de Verteuil, Chief Administrative Officer, City of Duncan, on the Duncan water system transfer. Mr. de Verteuil noted that hydrant flow testing and upgrades assessments are underway and will be completed in the Spring of 2014.

5. New Business 6. Question Period 7. Adjournment

Council adjourned the meeting at 5:05 pm.

___________________________________ Signed by Mayor (or presiding member)

___________________________________

Certified by Corporate Officer

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Municipality of North Cowichan Regular Council


December 4, 2013 3:00 pm Municipal Hall - Council Chambers


Councillor Ruth Hartmann Councillor John Koury Councillor Kate Marsh Councillor Jen Woike

Members Absent Councillor Barb Lines

Councillor Al Siebring Staff Present John Mackay, Director of Engineering and Operations

Mark Ruttan, Director of Administration and Deputy CAO Scott Mack, Director of Development Services Ernie Mansueti, Director of Parks and Recreation

1. Call to Order

There being a quorum present, Mayor Lefebure called the meeting to order at 3:00 pm.


Council approved the agenda as amended to add 3.1 Litigation Update to the closed session.


Council adopted its revised November 6, 2013, and November 20, 2013 regular meeting minutes.

4. Public Meetings & Hearings

None. 5. Delegations & Presentations

5.1. Chemainus Festival of Murals – Long Service Recognition

Dr. Karl Schutz, was presented with a framed certificate in recognition of his long and dedicated service on the Chemainus Festival of Murals Society.

_____________________________________________________________________

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December 4, 2013 - Regular Council Minutes

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6. Public Input

None. 7. Reports

7.1. Designation of Acting Mayor for 2014

It was moved and seconded: That Council designate Councillor Al Siebring as the Acting Mayor from January 1, 2014, to December 3, 2014, to act 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.

DEFEATED

Opposed: Mayor Lefebure, Councillor Hartmann, Councillor Marsh and Councillor Woike It was moved and seconded: That Council designate Councillor Ruth Hartmann as the Acting Mayor from January 1, 2014, to December 3, 2014, to act 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.

CARRIED

7.2. 2014 Budget

It was moved and seconded: That Council endorse, in principle, the proposed 2014 Forestry Department budget.

CARRIED

7.3. Funding Request

It was moved and seconded: That Council grant $500 to the International Forestry Students' Association to help fund its 2014 symposium.

CARRIED

7.4. Personal Items at Mountain View Cemetery

It was moved and seconded: That Council: 1. receive the Director of Parks and Recreation’s November 20, 2013 report

providing options to deal with hazards and safety concerns related to personal items at Mountain View Cemetery; and

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3

2. direct staff to draft a bylaw in support of option 3 which would permit solar lights, fresh and artificial flowers or wreaths at the cemetery, effective March 1, 2014.

CARRIED

7.5. Registration of Restrictive Covenant - Beverly Street

It was moved and seconded: That Council authorize the Corporate Officer to register a restrictive covenant to prohibit building construction on the remainder (“Proposed Covenant Area”) of North Cowichan’s lot north of the dyke and south of Somenos Creek (Between York and Lakes Roads), following publication of the required notice.

CARRIED

7.6. Agricultural Land Commission Core Review

It was moved and seconded: That Council rescind the second portion of its November 6, 2013 motion on the Agriculture Land Commission Core Review and instead consider the following: "That Council urge the Minister and the Agricultural Land Commission to consider reviewing the definition of agriculture and agri-tourism."

CARRIED

It was moved and seconded: That Council urge the Provincial Government to deal with its current backload of Agricultural Land Reserve applications in a timely manner.

CARRIED

7.7. Island Savings Centre - Emergency Generator

It was moved and seconded: That Council authorize the Mayor and Corporate Officer to sign a standard encroachment agreement with the Cowichan Valley Regional District, to allow installation of an emergency generator in the University Way road right-of-way adjacent to the Island Savings Centre, subject to the CVRD obtaining a Highway Construction Permit.

CARRIED

8. Bylaws

8.1. "Zoning Amendment Bylaw (No. 11 - Hawthorne Street), 2013", No. 3528

It was moved and seconded: That Council read a first and second time, "Zoning Amendment Bylaw (No. 11 - Hawthorne Street), 2013", No. 3528.

CARRIED

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8.2. "Zoning Amendment Bylaw (No. 9 - Truesdale Street), 2013", No. 3522

It was moved and seconded: That Council adopt "Zoning Amendment Bylaw (No. 9 - Truesdale Street), 2013", No. 3522.

CARRIED

8.3. "Inter-community Business Licence Bylaw", No. 3525

It was moved and seconded: That Council adopt "Inter-community Business Licence Bylaw", No. 3525.

CARRIED

8.4. "Fees Amendment Bylaw (No. 4), 2013", No. 3529

It was moved and seconded: That Council: 1) receive the Deputy Municipal Clerk's November 27, 2013 report, providing information and rationale for recommended changes to the Fees Bylaw, and 2) read a first, second and third time “Fees Amendment Bylaw (No. 4), 2013”, No. 3529.

CARRIED

Opposed: Councillor Koury

8.5. "Revitalization Tax Exemption Bylaw", No. 3526

It was moved and seconded: That Council read a second and third time, "Revitalization Tax Exemption Bylaw", No. 3526.

CARRIED

8.6. "Miscellaneous Bylaws Amendment and Repeal Bylaw, 2013", No. 3527

It was moved and seconded: That Council rescind third reading, and read a third time as amended, "Miscellaneous Bylaws Amendment and Repeal Bylaw, 2013", No. 3527.

CARRIED

9. Correspondence None. 10. Notices of Motions None.

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11. Review of Committee Minutes

Council reviewed the following Committee minutes: 1. Community Planning Advisory Committee - November 12, 2013 2. Forestry Advisory Committee - November 15, 2013 3. Agricultural Advisory Committee - November 19, 2013

12. Unfinished and Postponed Business None. 13. New Business None. 14. Question Period

Council invited the public to ask questions about what occurred at the meeting. 15. Closed Session

Council closed the meeting to the public at 3:32 pm, under the authority of section 90 1 (e) [land purchase] and (g) [litigation] of the Community Charter. At 4:40 pm, Council rose without reporting.

16. Adjournment

Council adjourned the meeting at 4:40 pm.

___________________________________ Signed by Mayor (or presiding member)

___________________________________

Certified by Corporate Officer

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28

Council

Communications

Plan

29

C o u n c i l C o m m u n i c a t i o n s P l a n Page 2

TABLE OF CONTENTS

Page

Overview ……………………………………………………………………………………......

3

Issue Management …………………………………………………………………………….

3

(a) Issue Management Strategy ……………………………………………………….....

5

Public Engagement ………………………………………………………………..………….

6

(a) Guiding Principles …………………………………………………..…………………. 6

(b) Core Values ………………………………………………………………………….....

7

(c) Public Engagement Strategy ……………………………………………………….... 8

Public Awareness and Education …………………………………………………………..

9

Concluding Remarks ………………………………………………………………………….

10

Next Steps ……………………………………………………………………………………… 10

30


COUNCIL COMMUNICATIONS PLAN

Overview Effective communications are key to the success of North Cowichan and the well-being of its community including residents, businesses, Municipal employees, and community and stakeholder groups. Open and proactive communications ensure that Municipal employees and the public receive clear, relevant, timely and consistent information from the Municipality. A well-managed communications plan strengthens public confidence in its local government, and results in increased resident and business satisfaction and high employee morale. North Cowichan’s Communications Committee, a standing committee under section 141 of the Community Charter, was tasked with developing a Council Communications Plan to guide civic engagement and manage Council communications. Creation of the Council Communications Plan (the Plan) is the first stage in the development of a Corporate Communications Plan. The Communications Committee, with the assistance of staff, undertook a review of current corporate communications practices and local government best practices to develop a strategic Council Communications Plan which includes:

(a) issue management; (b) enhanced public engagement; and (c) public awareness and education.

.1 Issue Management

An issue’s potential outcomes can have a significant impact on North Cowichan’s regulatory burden,

reputation and financial well-being. Well-handled issues present opportunities to build awareness and trust among key stakeholders in North Cowichan. When issues are handled incorrectly, the Municipality faces the very real risk of litigation, the loss of reputation and public acceptance and trust. The difference between taking advantage of opportunities and suffering additional costs lies in the timely identification and prioritization of issues and the development of appropriate responses to inform the final outcome.

North Cowichan’s Issue Management Strategy will capture both an “inside” analysis (i.e., as seen

from North Cowichan’s perspective) and an “outside” analysis (i.e., as seen from the point-of-view of the public, media and external stakeholders). It ensures that potential issues are identified, and also recognizes linkages and ensures we take action to prevent crises from occurring.

In order to ensure that we are capturing the right issues and prioritizing them so they can be

managed effectively, an Issue Management Team will be formed for each issue that is identified. The team will analyze the impact and urgency of potential issues in order to develop a set of priorities to manage the issues. These priorities, in turn, will inform and shape numerous decisions and responses.

As North Cowichan begins to interact both internally and externally, more feedback and information

will be gathered about the issue: the types of risks and opportunities; the identity and motives of protagonists and antagonists; and a finer understanding of what key stakeholders expect from North Cowichan.

31


A key challenge of issue management is to resolve the problem quickly and move on, with as little impact to the Municipality as possible. This strategy provides a structure for making decisions when issues arise.

It's also important to conduct a post-implementation review to evaluate and learn for future issues. The more that is learned about our issues, the better prepared we'll be for the next one. Some issues might occur again, so by recording what we've learned from previous initiatives, it will be easier for subsequent issue management teams to identify the issues and resolve them successfully. Other issues might be part of a risk pattern that can be proactively identified and managed with early risk assessment.

ISSUE MANAGEMENT

PROCESS

Issue Identification

Issue Analysis

Position and

Strategy

Action

Monitor, Evaluate and

Adjust

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Issue Management Strategy

IMT defines the issue and analyzes its lifecycle from both internal and external perspectives, predicts areas of public and media interest, and considers

risk exposure, opportunity and core strengths to leverage.

IMT lists those who have an interest in the issue’s outcome.

IMT notifies Council and staff of issue and asks them to refer questions from public and media to IM Team Leader.

IMT defines desired outcome of managing the issue (operational objectives / Municipality’s reputation).

IMT defines specific actions to achieve objectives (include resolution of issue and handling media requests).

IMT creates an action chart showing actions, who’s responsible and target dates.

Chief Administrative Officer approves Issue Management Plan.

IMT issues a notice or media release: 3-8 key words; 3-4 points outlining history and

current status of issue. Should not exceed 1 page! Ensure copies are sent to Council and all staff.

Spokesperson makes key positioning statements structured as follows:

- empathy for the situation - what the Municipality has done - what the Municipality will do

IMT monitors and makes appropriate adjustments or changes, if required.

Directors and Corporate Leadership Team regularly and strategically review upcoming

projects and issues at bi-weekly meetings and in consultation with the Mayor, establish an Issue

Management Team (IMT) and spokesperson for media for each issue identified.

Front line staff monitors and documents areas of public and media interest and reports daily to

Community Liaison Coordinator or delegate who will immediately research and report to Chief

Administrative Officer. If immediate action is required, the CAO (in consultation with the Mayor)

establishes an Issue Management Team.

IMT considers whether there will be public participation, or if issue requires dissemination of information only and considers best options to disseminate

information to the public.and all affected interest groups.

IMT issues copies of the Issue Management Plan to Council and other individuals identified by the IMT.

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.2 Public Engagement Often, the public is uncertain about the role that it should play in North Cowichan’s decision-making.

As elected officials, Council members are legally responsible for municipal decisions on the understanding that Council will represent the interests and values of the community. Public engagement offers many benefits to Council’s decision-making process and is a key component of open and transparent governance. If decisions can be influenced, public engagement is appropriate.

For some residents, engagement is a form of empowerment as it allows the public to influence

decisions. The Municipality will benefit immensely by providing frequent and more active opportunities for public engagement through the sharing of information, consulting, involving and collaborating on projects, policy development, strategies and plans for strategic investments. Public engagement includes any process that allows the public to be involved in problem-solving or decision-making and uses public input to help make decisions.

North Cowichan’s current engagement practices occur in two ways:

- engagement mandated by legislation (e.g., Public Hearings, notice requirements), and - other engagement (e.g., workshops, town hall meetings, etc.).

Public engagement should not be considered a singular approach that can be applied rigidly to all situations. The steps below will provide guidance to ensure the most important aspects of designing a public engagement process are addressed, while allowing for flexibility based on the issue. Once it is established that public participation should take place, it will need to be determined how to do so in a way that considers the needs of Council, residents, and other interested parties.

1. Determine who the decision-maker is, what the pending decision is, and who will be affected. 2. Decide if public engagement should be used (Will the public be significantly affected? Has

Council made a previous commitment to public consultation on the issue? Are there unknown public perceptions and other information gaps? Is there controversy around the issue or decision?)

3. Determine the issues related to the decision for each affected party. 4. Determine the level of public engagement that is needed to help make a decision, and what

to consult on. 5. Determine the type of public participation needed to suit the needs of participants. 6. Determine how public participation will support and link to the decision. 7. Determine how the results will be used.

(a) Guiding Principles

To confirm Council’s commitment to public engagement, in every process, regardless of the scope, the following principles will be the foundation for public engagement activities.

Authenticity The pending decision has not been made and Council commits to be influenced in the decision-making to a specific level that will be communicated in advance.

Accountability

Council will demonstrate that results and outcomes are consistent with the commitment to public participation that was made to stakeholder groups and the public at the outset of the initiative.

34


Inclusiveness

Council will make a reasonable effort to include stakeholder groups and the public affected by the pending decision.

Transparency

Council will ensure that stakeholder groups and the public that are affected understand the scope of the pending decision, decision process and procedures, and that any constraints on the decision-maker are known.

Commitment

Council will provide appropriate time to ensure that those involved can participate in a meaningful way.

Integrity

Council will address public and stakeholder group concerns in an honest and forthright way.

(b) Core Values of Public Participation

Although Council is elected to make decisions on behalf of North Cowichan citizens, some of those decisions will benefit from additional public participation. The following set of core values will provide a solid platform for engaging the public, especially when additional public participation is required for a specific issue. Adoption of a statement of core values on public participation will assist Council in making better decisions that reflect the interests and concerns of the public, and will assist staff in the development and implementation of public participation processes.

1. Public participation is based on the belief that two-way communication between Council and the public provides opportunities for open and constructive dialogue.

2. Public participation is based on the belief that those who are affected by a decision have a right to be involved in the decision-making process.

3. Public participation is designed to respect the opinions of all those involved.

4. Public participation includes the promise that the public’s contribution will be considered in the decision.

5. Public participation promotes sustainable decisions by recognizing and communicating the needs and interests of all participants, including decision-makers.

6. Public participation seeks out and facilitates the involvement of those potentially affected by or interested in a decision.

7. Public participation seeks input from participants on how they wish to participate.

8. Public participation provides the information that is necessary to participate in a meaningful way.

9. Public participation communicates to participants how their input has affected the decision.

Public engagement will provide opportunities to share ideas and values, and discover areas of mutual interest and concern. It will also identify potential and existing concerns and areas of conflict before they escalate. Ideally, an effective public engagement strategy will allow individuals and groups to build cooperative working relationships and mutual understanding.

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36


.3 Public Awareness and Education A public awareness and education strategy will allow the Municipality to provide awareness in general or focus on specific topics to the entire population or specific groups. Opportunities for public awareness and education may include upcoming Municipal initiatives, bylaw requirements, provision of a new service, general local elections and other voting. The framework for public education will consist of the following process.

Identify the topic and the area of focus.

Determine the target audience and the best way to reach them.

Recruit experts, volunteers and key stakeholders, if needed, and discuss ideas.

Develop a clear and concise message that will capture and hold the audience’s attention.

Disseminate the information.

Monitor and evaluate success and consider additional educational opportunities, if required.

Establish a project budget and obtain Council approval if funding has not been allocated.

Gather resources. Consider the educational information to be presented and the best way to present it.

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Concluding Remarks

Communication is essential to understanding. The Council Communications Plan reflects North Cowichan Council’s commitment to better connect with its residents, businesses, employees, the media, and community and stakeholder groups through consistent messaging and sustainable open and transparent communication. It is a commitment that Council will allow the public opportunities to express themselves, and acknowledge that they have been heard and understood. The opportunity for both Council and the public to hear each other will provide a better understanding of the issues early on in the decision-making process, and establish a process that will ultimately result in understanding, acceptance and trust between all parties.

Next Steps

An effective Communications Plan takes time and resources, both of which are in limited supply. The Committee recommends the hiring of a part-time Community Liaison Coordinator and additional operational funds to co-ordinate the development of a Corporate Communications Plan and manage the implementation of the Plan in support of the Council Communications Plan developed by the Communications Committee. The Corporate Communications Plan should include:

(1) the expansion of external communications through:

(a) development of communications policies, strategies and tactics; (b) alignment of communications strategies with corporate objectives; (c) corporate branding, identity and visibility; (d) public surveys including a customer satisfaction survey; (e) the creation of a regularly-published “Municipal Page” in the local newspaper

(possibly shared on a rotating basis with the CVRD and the City of Duncan); (f) an enhanced social media presence; (g) additional opportunities for public consultation; (h) co-ordinated and targeted advertising; (i) development of a corporate style guide; (j) special needs (language, disabilities) considerations; (k) communications training for Municipal spokespersons; and

(2) the expansion of internal communications through:

(a) a survey of Municipal employees to obtain input on how to better improve internal communications;

(b) the development and implementation of customer service standards; (c) an “Innovations Committee” (comprised of staff from all levels of the organization) to

review current practices and procedures and discuss areas for change, improvement and cost-savings; and

(d) enhanced employee orientation, training and professional development.

38

Report

7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca

Date December 2, 2013 File: 7930-20/CROFM

To Council

From Ernie Mansueti, Director of Parks and Recreation Endorsed:

Subject Crofton Art Group Proposal

Purpose

That Council consider providing the labour to construct and install the proposed Crofton Art Group kiosk and locate it within the Crofton Museum Green Space.

Background

The Crofton Art Group is celebrating 60 years in 2014. In celebration, the group would like to display original art work by members depicting various highlights from the local community. The proposed kiosk is similar to those installed throughout the municipality in Maple Bay, Chemainus Lake, Osborne Bay and Askew Creek parks. The group has received funding from the Crofton Community Centre Society for the material costs which is estimated to be around $700. The Crofton Community Centre Society has also endorsed the proposed location at the Crofton Museum Green space.

Discussion

Staff has no concern with the location or design of the kiosk.

Options

1. The Crofton Art Group apply for a 2014 Grant in aid for the amount of the construction costs (this will not be in time for the Art Spring Show on May 11, 2014).

2. Council does not approve funding the labour and installation costs. 3. Council approves the labour and installation costs to be provided through the community events

budget in 2014.

Implications

The Municipality has a history of partnering and/or contributing to these kiosks. The recent being a partnership with the Maple Bay Community Association to replace a kiosk in Maple Bay that provides space for community notices. Labour to construct and install these kiosks is approximately $600.

Recommendation

That Council approve the Crofton Art Group proposed Art Kiosk to be located within the Crofton Museum Green space and that the municipality provides the labour to construct and install.

39

Report


Date November 19, 2013 File: File number

To Council

From Brigid Reynolds, Planner Endorsed:

Subject Energy Efficiency Improvements

Purpose

The purpose of this letter is to request that Council support the attached letter in support of greater energy efficiency improvements to the BC Building Code as well as other programs and strategies.

Background

The Pembina Institute has a Green Building Leaders project that has been working collaboratively with local and provincial governments and other stakeholders across the Province to advance energy efficient building policy for the last five years. The Institute has identified a number of strategies that the Province could consider in order to enable local governments to advance increased energy efficiency in new and renovated buildings. Local governments are being asked to show their support for these proposed strategies in order that there is a supportive environment in which we can continue to work towards our identified energy and greenhouse gas emission reduction targets. See the attached draft letter and backgrounder for information.

Discussion

As you are aware, Council adopted its award winning Climate Action and Energy Plan (CAEP) in February 2013 and the implementation framework is being developed. The Municipality of North Cowichan is in the process of entering into an agreement with BC Hydro to fund a Community Energy Manager (CEM) position with the purpose of:

� Implementing the CAEP in general and reducing community energy consumption in particular � Leading policy development and implementation to advance community energy conservation

and efficiency � Acting as a champion for key community energy efficiency initiatives � Raising awareness about BC Hydro’s programs and incentives available to residents and

businesses. This position would be part funded by BC Hydro and an existing member of staff will assume the duties of the position.

The CAEP and CEM work plan have identified targets to reduce community greenhouse gas emissions and energy consumption. The strategies proposed by the Pembina Institute would enable the Municipality to continue working towards achieving these targets.

Options

1. To support the letter to the Province. 2. To support the letter to the Province with proposed amendments. 3. To not support the letter to the Province.

40


Implications

This is a letter of support for proposed changes to Provincial policies, programs and regulation. Providing a letter of support for these proposed changes shows to the Province and others the Municipality’s commitment to being a leader in the area of greenhouse gas emission and energy reductions. There are no commitments being made at this time and therefore no implications for the Municipality.

Recommendation

That Council direct staff to sign the attached letter in support of local government leadership on energy efficient buildings to achieve climate targets. Attachment(s):

41

Municipality of North Cowichan

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

9draft letter in support of energy efficiency improvements Nov 18_13

Telephone: (250) 746-3100 Fax: (250) 746-3154

www.northcowichan.ca

November 18, 2013 File: CCAC – SPP012

The Honourable Rich Coleman, M.L.A. Minister of Natural Gas Development and Minister Responsible for Housing

The Honourable Bill Bennett, M.L.A. Minister of Energy and Mines and Minister Responsible for Core Review

PO Boxes 9052, 9060 Station Provincial Government Victoria, BC V8W 9E2

Re: Supporting local government leadership on energy efficient buildings to achieve climate targets

Dear Ministers,

British Columbia has made bold climate commitments, including a 33% reduction in provincial GHGs by 2020. This is a visionary target requiring concerted effort, innovation and game-changing actions. We are committed to helping the province work towards this goal by working to meet community greenhouse gas reduction targets. To do so, we need the continued collaboration of the provincial government.

We are therefore writing to request that your Ministries continue to strengthen provincial policies to improve the energy efficiency of residential buildings and support local government leadership in this area.

We applaud your work to add new local governments to the solar hot water ready opt-in regulation, expand the current on-bill financing pilots, and improve energy performance through the B.C. Building Code. To build on these advances, we ask that the B.C. government support four additional approaches.

1. The first approach is continued development of home energy retrofit financing programs, which provide capital for energy upgrades in existing homes. We urge you to continue to evaluate, improve and promote the on-bill financing pilots and move towards a B.C.-wide program. We also urge the Province to reinvest in the Livesmart financing program as a complement to financing.

2. The second approach is for the Province to work with local governments to develop a comprehensive suite of opt-in regulations, such as model bylaws. The existing solar hot water ready opt-in regulation has demonstrated the value of such regulations and shown that local

42

of 3 November 18, 2013


governments are supportive of building-scale renewable energy to meet their climate action targets. The suite of opt-in regulations would standardize and expedite green building regulations for local governments, while ensuring regulatory certainty for the development industry. The suite of opt-in regulations could include: � A renewable energy requirement. That the Province support an on-site renewable energy

approach, requiring new residential buildings to meet at least 10% of their energy through on-site or community renewable energy sources. UBCM resolution B98 (2011) demonstrates provincial-wide local government support for this idea.

� A district energy ready regulation � An electric vehicle ready requirement � A high performance building requirement

3. The third approach is the adoption of energy labelling of residential buildings at time of sale.

Faced with one of the most significant financial decision of their lives, B.C. homebuyers should have access to reliable and comparable home energy efficiency information. Under the current voluntary system, fewer than 10% of Canadian houses have a rating, and the rating is not readily available to homebuyers. We therefore ask the Province to explore and work towards a B.C.-wide labelling requirement at time of sale.

4. Last, we would like to emphasize that the proposed modernization of the B.C. Building Code

presents both an opportunity and a challenge. We applaud the changes to the B.C. Building Code that raise the bar on the energy performance of new construction for Part 3 and Part 9 buildings, coming into effect in late 2013 and in 2014. We also applaud the Province’s intention to standardize the application and enforcement of the B.C. Building Code. Modernization presents an opportunity to bring all areas of the province up to the new energy standards in the Code.

We request that the Province consider ensuring that local governments continue to have mechanisms both at the local and provincial levels through which to test innovative approaches to lowering energy use and greenhouse gas emissions from our building stock.

To conclude, we urge you to consider how to continue to improve building energy performance in the province of B.C. as you modernize the Building Code, particularly through the use of voluntary, opt-in regulations and allowing for local government innovation on a case-by-case basis. A strong B.C. Building Code, along with advanced opt-in regulations and on-going innovation, will help communities and the Government of B.C. move towards our climate action targets and ensure a lasting legacy in our built housing stock for the generations to come. Yours sincerely, Jon Lefebure, Mayor CC: The Honourable Coralee Oakes, M.L.A., Minister of Community, Sport and Cultural Development The Honourable Mary Polak, M.L.A., Minister of Environment

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of 3 November 18, 2013


Marc Shawrun, Ministerial Assistant, Ministry of Natural Gas Development Chris Sandve, Ministerial Assistant, Ministry of Energy and Mines Cameron Ehl, Ministerial Assistant, Ministry of Community, Sport and Cultural Development Jordan Bell, Ministerial Assistant, Ministry of Environment

44

GREEN BUILDING LEADERS

Joint letter to B.C. government on energy efficient buildings, Fall 2013 Pembina’s Green Building Leaders project is offering local governments the opportunity to send a joint letter to the provincial government requesting support in improving building energy efficiency in their communities. The letter outlines how the Province could take steps to make it easier for municipalities and regional districts to meet energy and climate objectives through improved energy efficiency in their building stock.

Context For five years, the Green Building Leaders project has worked with local governments across B.C. to advance energy efficient building policy, including identifying jurisdictional barriers. A key barrier is that mandating building energy performance remains with the provincial government. To date, the provincial government has made progress in its support of energy efficient buildings through:

� solar hot water ready opt-in regulation, with 48 municipalities now signed on; � pilot on-bill retrofit financing programs in the Okanagan and on Vancouver Island; and, � higher energy performance standards in the Building Code as of December 2013 and

December 2014.

However, many local governments wish to continue to improve building performance beyond Code. The Province’s proposed Building Code modernization could make this more difficult. In 2012, the UBCM produced a policy paper that suggested that the modernization process could remove the ability of local government to “undertake measures that may, in some cases, be considered ‘technical building standards’ that go beyond what is identified in the Building Code,” including “measures to increase the sustainability of local communities by implementing green building standards” (UBCM Policy Paper #1, August 28 2012, 5-6). If this were to be the outcome of the modernization process it could significantly slow down progress on building efficiency since so many of our creative and innovative ideas come from local governments.

A suite of opt-in regulations could standardize and expedite the “best practices” in advanced green building regulations for local government, while ensuring regulatory certainty for the development industry. At the same time, it is also important to support creativity and innovation at the local level to develop “next practices” so that Green Buildings continue to advance. “Smart” modernization would allow for both of these.

Specific asks in the joint letter � Support energy retrofit financing and funding for the existing housing stock � Work with local government to develop a suite of opt-in green building regulations � Explore and work towards a B.C.-wide home labelling requirement � Advance smart modernization of the building code to raise standards across the province

without hampering local government’s capacity to innovate

Timeline The letter is being circulated to local governments in early November 2013. We would ask local governments to sign on by the end of November and send a digital copy to the Pembina Institute. We will print and send a package of signed letters to the provincial government in December. We will also post letter signatories to our Green Building Leaders website.

For more information on the Green Building Leaders project, please see http://www.pembina.org/community-services/greenbuildingleaders

45

Report


Date December 11, 2013 File: File number

To Council

From John MacKay, P.Eng., Director of Engineering and Operations Endorsed:

Subject Sanitary Sewer Service to 6011 Cassino Road

Purpose

The purpose of this report is to recommend that 6011 Cassino Road be included within the South End Sewer Local Area Service. Engineering Department has received a request from Krishan Vashist, who owns the above-noted property, to have 6011 Cassino Road included in the South End Sewer Area.

Background

Krishan Vashist has petitioned to have 6011 Cassino Road included within the boundaries of the South End Sewer Local Area Service. The property is zoned Residential One and Two Family (R3), is 1.4 acres in size. A municipal sanitary sewer main has recently been installed along a portion of their Cassino Road frontage. This property is in the urban growth area, as identified in the Official Community Plan.

Recommendation

That Council include 6011 Cassino Road within the South End Sewer Area, subject to the property owner: 1. paying the Capital Cost Charges of $983.00 ($1,815.00 after December 31, 2013); 2. paying the connection costs; 3. signing a local service area agreement; 4. installing a private sewer pump, if gravity connection is not possible; and 5. obtaining a plumbing permit to install the service. Attachment(s): 2

46

Report


Date December 11, 2013 File: 07372-010

SUB00007 To Council

From John MacKay, P.Eng., Director of Engineering and Operations Endorsed:

Subject Contribution to Watermain Oversizing - 3695 Drinkwater Road

Purpose

The purpose of this report is to recommend that Council (1) require Drinkwater Industrial Park Ltd. to provide excess services, in the form of a larger wartermain, and (2) approve payment of the excess costs.

Background

Drinkwater Industrial Park Ltd. is developing a 6-lot strata subdivision with one remainder lot at the above noted address. One of the requirements of the subdivision plan layout approval was for the developer to install a water main along the development’s Drinkwater Road frontage. The Municipality has required that the developer install an oversized 250 mm diameter water main as per the South End Water System Master Plan. The Municipality has a number of options with respect to treatment of oversize costs, and in cases similar in size to this one, has chosen the option of paying the cost of the oversizing.

Discussion

Demands that a developer provide excess services, such as a large watermain, must come from Council (pursuant to section 939 of the Local Government Act). When a Council requires a developer to provide excess services, the Municipality must either pay the excess costs or grant the developer latecomer protection. The consultant engineer has provided a cost estimate of $7,387.90, which describes the added material costs of $4,614.52 for 250 mm diameter pipe and associated fittings as well as the extra bedding material and associated crew time to install the larger pipe.

Implications

Installation of this pipe will help serve the Municipality’s water requirements for future industrial expansion in this area.

Recommendation

That Council (1) require Drinkwater Industrial Park Ltd. to provide excess services in its proposed subdivision, in the form of a 250 mm diameter watermain (instead of a 200 mm diameter watermain), and (2) reimburse the company $7,387.90 from the South End Water Surplus Fund, subject to company waiving its right to latecomer fees. Attachment: 1

49

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- 1 -

BYLAW 3529

Fees Amendment Bylaw (No. 4), 2013

The council of The Corporation of the District of North Cowichan, enacts as follows: 1 Fees Bylaw, No. 3470, is amended by repealing section 1, and substituting the following: Establishment and Imposition of Fees

1. To the extent to which fees are not otherwise established and imposed, this bylaw

establishes and imposes those fees listed in the schedule attached to and forming part of this bylaw.

2 The Schedule to the Fees Bylaw, No. 3470, is amended by:

(a) repealing items 22 and 25 in section 1 [Administration Fees] and substituting the following:

Item Column 1

Description Column 2 Amount

22 Land Title registrations, releases, charges and legal notations $200 25 Letter of Comfort - original $200

(b) adding the following to section 1 [Administration Fees]:

Item Column 1 Description

Column 2 Amount

26.1 Licence of Occupation Application $200 26.2 Licence of Occupation Renewal Application $100 33 Revitalization Tax Exemption Application $200

(c) adding the following to section 4 [Business Licence Fees]:


Column 2 Amount

8 Inter-Community Business Licence $150 (d) repealing section 5 [Cemetery Fees] and substituting the following:

70

- 2 -

CEMETERY FEES (Section 5)


Column 2 Amount

1 Grave Space for Adult (13 years and older) - Resident $1,270 2 Grave Space for Adult (13 years and older) – Non-resident $2,805 3 Grave Space for Child – Resident $450 4 Grave Space for Child – Non-resident $890 5 Grave Space for Cremated Remains – Resident $405 6 Grave Space for Cremated Remains – Non-resident $920 7 Columbarium Niche – Resident $1,310 8 Columbarium Niche – Non-resident $2,615 9 Columbarium Bottom Row Niche – Resident $1,150 10 Columbarium Bottom Row Niche – Non-resident $2,285 11 Columbarium Inurnment $405 12 Columbarium Inurnment – after hours, weekends or holidays $810 13 Columbarium Niche Plate Engraving and Handling $405 14 Burial for Adult $1,440 15 Burial for Adult – after hours, weekends or holidays $2,875 16 Burial for Child $705 17 Burial for Child – after hours, weekends or holidays $1,410 18 Burial for Cremated Remains $680 19 Burial for Cremated Remains – after hours, weekends or holidays $1,410 20 Exhumation of Adult – Resident $2,870 21 Exhumation of Adult – Non-resident $5,735 22 Exhumation of Child – Resident $1,410 23 Exhumation of Child – Non-resident $2,815 24 Exhumation of Cremated Remains – Resident $1,055 25 Exhumation of Cremated Remains – Non-resident $2,115 26 Memorial Installation $365 27 Remove curbs or capping and re-seed $470 28 Transfer grave space or columbarium niche $43 29 Concrete base for single marker $290 30 Concrete base for double marker $345 31 Base for fibreglass liner $290 32 Supply and install fibreglass liner without base $680 33 Fibreglass cremated remains container $230 34 Memorial tree with bronze plaque on granite base $1,270 35 Memorial bench – smooth, grey, concrete legs, base, back & seat $1,390 36 Memorial bench – smooth, coloured, concrete legs, base, back & seat $1,465 37 Memorial bench – concrete legs and base; cedar back & seat $1,480 38 Memorial picnic table – concrete $1,755 39 Vault handling (Note: one hour minimum charge) $230 per hour

(e) repealing section 6 [Engineering Fees] and substituting the following:

71

- 3 -

ENGINEERING FEES (Section 6)


Column 2 Amount

1 Blasting Permit $50 2 Concrete box installation for driveway protection of a 19mm water service $100 3 Concrete box installation for driveway protection of a water service larger

than 19mm Actual cost

4 Culvert Extension Actual cost 5 Culvert Installation - 300 mm $816 6 Culvert Installation - larger than 300 mm Actual cost 7 Culvert Relocation - 300 mm $510 8 Repair or Replace Damaged Water Meter / Setter / Box / Curb Stop Actual Cost 9 Garden Irrigation Permit $25 10 Highway Access Permit $25 11 Highway Chattels Removal $50 12 Highway Construction Permit $100 13 Highway Merchandise Annual Display Permit $100 14 Hydrant Use Permit - tank fill - up to 3,000 gallons from fire hydrant at

Municipal Operations Yard $25

15 Hydrant Use Permit - weekly $75 + $750 (damage deposit)

16 Hydrant Use Permit - monthly permit $150 + $750 (damage deposit)

17 Hydrant Use Permit - annual permit (user-supplied double-check valve assembly)

$250 + 500 (damage deposit)

18 Hydrant Use Permit - annual permit $500 + $750 (damage deposit)

19 Interest Rate - Excess or Extended Services 5% at completion date 20 Interest Rate - Borrowing from Local Area Service Reserve Fund 5% at commute date 21 Meter or curb stop relocation charge $450 22 Meter reading request $25 23 Meter testing fee $50 24 Move water meter box vertically or horizontally $250 25 Move water meter box more than 1.5 metre horizontally $450 26 Return of unauthorized equipment or fittings $150 27 Secondary water meter box $750 28 Subdivision Works and Services Inspection 3% of cost of

construction 29 Waste Collection - Annual $118 30 Waste Collection - Extra residential garbage container tag $3 31 Waste Collection - Recycling bag $1 32 Waste Collection - Kitchen organics container $30 33 Water disconnection (includes reconnection), temporary or permanent $50 34 Water disconnection due to bylaw infraction $50 35 Water turn on or turn off (non-emergency after normal business hours) Actual cost 36 Water turn on / turn off (emergency, after normal business hours) No charge

72

- 4 -

(f) repealing section 7 [Engineering Fees – Service Connection Fees] and substituting the following:

ENGINEERING FEES SERVICE CONNECTION FEES

(Section 7) Item Column 1


1 Capital Cost – for connection outside development cost charge or local service area

Equivalent to DCCs

2 Sewer - 4 inch diameter $3,400 3 Sewer - Larger than 4 inch diameter Actual Cost

4 Storm Drain Actual cost ($50 minimum)

5 Water - Residential ¾ inch $3,195 6 Water - Commercial ¾ inch $3,290 7 Water - Commercial 1 inch $3,670 8 Water - Commercial 1 ½ inch $5,120 9 Water - Commercial 2 inch $5,900 10 Water - Commercial larger than 2 inches Actual Cost

(g) repealing items 10.1 to 12 in Section 12 [Miscellaneous Fees] and substituting the

following: Item Column 1


11 Attraction Directional Sign Permit $175 12 Sign Permit $175

(h) repealing section 13 [Planning Fees] and substituting the following:

PLANNING FEES (Section 13)

Item Column 1 Fee Description

Column 2 Fee Amount

1 Agricultural Land Reserve (ALR) non-farm use application $600 + ALR fees 2 ALR exclusion application $2,500 + ALR fees 3 ALR – subdivision within ALR $600 + ALR fees 4 Board of Variance $1,000 5 Bylaw Amendment - Official Community Plan $2,500

(includes advertising fees)

6 Bylaw Amendment - Rezoning $2,500 (includes advertising fees) (fees reimbursed for LEED certified development)

7 Bylaw Amendment - Concurrent Official Community Plan and Rezoning

$3,000 (includes advertising fees) (fees reimbursed for LEED certified development)

73

- 5 -

PLANNING FEES (Section 13)

Item Column 1 Fee Description

Column 2 Fee Amount

8 Development Permit Area 1* - General - major (larger than 200m2)

$1,200 (fees reimbursed for LEED certified development)

9 Development Permit Area 1* - General - minor (less than 200m2)

$600 (fees reimbursed for LEED certified development)

10 Development Permit Area 2* - Marine Waterfronts $600 11 Development Permit Area 3* - Natural Environment $600 12 Development Permit Area 4* - Hazard Lands $600 13 Development Permit Area 5* - Farm Land Protection $600 14 Development Permit - Amendment $600 15 Development Permit Extension $600 16 Development Variance Permit

$1,000 + $50 per additional lot

17 Subdivision - Final Approval (all types including fee simple, strata, strata conversion, etc.)

$500

18 Subdivision / Preliminary Layout Acceptance (PLA) application (all types including fee simple, strata, strata conversion, etc.)

$750 + $250 per lot / strata lot

19 Subdivision - PLA Extension $500 20 Subdivision - PLA Amendment $500 21 Temporary Trailer Permit $600 22 Temporary Trailer Renewal $150 23 Temporary Use Permit $2,000 (includes advertising

fee)

* Note: If a project requires multiple development permits, only the highest development permit fee will be charged.

(i) repealing section 25 [Wharf Fees] and substituting the following:

WHARF FEES (Section 25)


Column 2 Amount

1 Chemainus Wharf Berthage – Daily – October through April $0.90 per foot per day 2 Chemainus Wharf Berthage – Daily – May through September $1.25 per foot per day 3 Chemainus Wharf Berthage – Monthly $5.35 per foot per month 4 Chemainus Wharf Berthage – Quarterly $4.40 per foot per month 5 Chemainus Wharf Electrical – Daily – 30 amperes $5.25 per day 6 Chemainus Wharf Electrical – Daily – 50 amperes $8.40 per day 7 Chemainus Wharf Electrical – Meter rental $10.00 plus actual consumption 8 Crofton Wharf Berthage – Commercial Fishing Vessel – Daily $0.55 per metre per day 9 Crofton Wharf Berthage – Commercial Fishing Vessel – Monthly $4.95 per metre per month 10 Crofton Wharf Berthage – Commercial Fishing Vessel – Quarterly $4.40 per metre per month 11 Crofton Wharf Berthage – Pleasure Craft – Daily $0.75 per foot per day 12 Crofton Wharf Berthage – Pleasure Craft – Monthly $4.30 per foot per month 13 Crofton Wharf Berthage – Pleasure Craft – Quarterly $3.85 per foot per month 14 Crofton Wharf Electrical – Daily – 30 amperes $5.25 per day

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WHARF FEES (Section 25)


Column 2 Amount

15 Crofton Wharf Electrical – Monthly $4.30 per month 16 Maple Bay Wharf Berthage – Daily $0.60 per foot per day 17 Maple Bay Wharf Berthage – Monthly $3.20 per foot per month 18 Maple Bay Wharf Berthage – Quarterly $3.00 per foot per month

Effective date 3 This bylaw takes effect January 1, 2014. READ a first time on December 4, 2013 READ a second time on December 4, 2013 READ a third time on December 4, 2013 ADOPTED on

M. O. Ruttan, Corporate Officer J.W. Lefebure, Mayor

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

BYLAW 3526 Revitalization Tax Exemption Bylaw

Contents Section

1 Definitions 2 Rationale 3 Program establishment 4 Eligible property 5 Extent of tax exemption 6 Amount of tax exemption 7 Term of tax exemption 8 Conditions 9 Recapture 10 Waiver of development costs charges 11 Repeal Schedule 1 – Revitalization Areas Schedule 2 – Excluded Industrial Land Schedule 3 – Revitalization Tax Exemption Agreement

WHEREAS Council may by bylaw establish a revitalization tax exemption program under section 226 [revitalization tax exemption] of the Community Charter; AND WHEREAS Council wishes to establish a revitalization tax exemption program and has given notice of its intention to adopt this bylaw under section 226 (6) (a) of the Community Charter; AND WHEREAS, pursuant to section 226 (6) (b) [use of permissive tax exemptions] of the Community Charter, Council has considered this bylaw in conjunction with the objectives and policies set out for the use of permissive tax exemptions under Bylaw 3476, being the Financial Plan Bylaw 2012-2016, and determined that this bylaw is compatible with those objective and policies; AND WHEREAS Council may by bylaw waive or reduce development cost charges for eligible development that is designed to result in low environmental impact under section 933.1 of the Local Government Act; NOW THEREFORE the council of The Corporation of the District of North Cowichan, enacts as follows: Definitions 1 (1) In this bylaw:

“assessed value” means the most recent assessed value for a parcel as determined by the

BC Assessment Authority;

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“baseline assessment” means the last published assessed value for a parcel’s improvements, prepared by the BC Assessment Authority immediately before the commencement of the eligible development;

“class” means class as defined in the Assessment Act;

“eligible development” means a development in a revitalization area that is

(a) class 1 (residential) with a minimum density of 100 dwelling units per hectare;

(b) class 4 (major industry) or Class 5 (light industry) with improvements worth at least $250,000, or that reduces greenhouse gas emissions by 25%, or

(c) class 6 (business and other);

“greenhouse gas emissions” has the same meaning as defined in the Greenhouse Gas Reduction Targets Act;

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

“parcel” has the same meaning as defined in the Community Charter and, for the purposes of this bylaw, means the area of a parcel of land situated within a revitalization area;

“revitalization area” means all

(a) class 1 (residential) and class 6 (business and other) lands and improvements shown crosshatched on Schedule 1, attached to and forming part of this bylaw,

(b) class 4 (major industry) and class 5 (light industry) lands and improvements within the Municipality, except the area shown crosshatched on Schedule 2, attached to and forming part of this bylaw, or

(c) class 6 (business and other) lands and improvements used for food and beverage processing (as defined by the Zoning Bylaw) in an industrial zone , except the area shown crosshatched on Schedule 2, attached to and forming part of this bylaw;

“tax exemption” means a revitalization tax exemption for which a tax exemption certificate has been issued;

“tax exemption certificate” or “certificate” means a revitalization tax exemption certificate issued by the Municipality under this bylaw and the Community Charter, in the form prescribed by the Corporate Officer;

“zone” means zone as defined in the North Cowichan Zoning Bylaw.

(2) Words defined in the Community Charter and Local Government Act have the same meaning when used in this bylaw unless defined otherwise in this bylaw.

Rationale 2 (1) The reasons for establishing the revitalization tax exemption program are:

(a) slow economic growth,

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(b) high unemployment,

(c) stagnating commercial core areas, and

(d) underutilized and vacant industrial land.

(2) The objectives of the revitalization tax exemption program are to do the following:

(a) stimulate the local economy;

(b) generate permanent new industrial jobs and part-time construction employment;

(c) encourage new commercial and residential mixed use development to locate within existing commercial core areas;

(d) increase the Municipality’s overall tax base over the long term;

(e) encourage development of industrial land;

(f) encourage low environmental impact development.

(3) The revitalization tax exemption program is intended to accomplish the objectives described in subsection 2 by

(a) encouraging investment and development of industrial and commercial land, and

(b) simulating the rejuvenation of mixed use commercial areas.

Program establishment 3 This bylaw establishes a revitalization tax exemption program to authorize granting tax

exemptions in accordance with section 226 of the Community Charter and the terms and conditions prescribed of this bylaw.

Eligible property 4 The kind of property that is eligible for a tax exemption under this bylaw is an eligible

development located in a revitalization area.

Extent of tax exemption 5 The extent of tax exemption available under this bylaw applies to the entire property of an eligible

development located in a revitalization area.

Amount of tax exemption 6 (1) The amount of the tax exemption for each calendar year, during the period for which the

tax exemption certificate is issued, is equal to 100% of the general municipal taxes imposed under section 197 (1) (a) of the Community Charter on that part of the assessed value calculated by deducting the baseline assessment from the current assessed value and multiplying the difference by the current municipal tax rate.

(2) The total tax exemption for all years must not exceed the total cost of improvements or the

increase in municipal taxes payable due to the revitalization. (3) The tax exemption must not include an exemption from any parcel tax, local service tax or

business improvement area tax payable in the designated area in which the parcel is located.

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Term of tax exemption 7 The maximum term of a tax exemption is

(a) 10 years for an eligible class 4 (major industry) or class 5 (light industry)

development,

(b) 5 years for an eligible class 1 (residential), class 6 (business and other), or combined development in a Schedule 1 area, or

(c) 10 years for an eligible class 6 (business and other) food and beverage processing

development in an industrial zone.

Conditions 8 (1) Before the Municipality may issue a tax exemption certificate to the owner of a parcel, the

applicant must deliver to the Municipality a completed application, in the form prescribed by the Corporate Officer, no later than October 15 in the year before the first year for which the exemption is sought, together with the application fee prescribed by the Fees Bylaw.

(2) Upon approval of the application by the Council, the owner of a parcel must enter into a

revitalization tax exemption agreement, in the form substantially shown in Schedule 3, attached to and made part of the bylaw.

Recapture 9 (1) If, pursuant to the terms and conditions specified in the tax exemption certificate, the

certificate is cancelled, the owner of the property for which the certificate was issued must remit to the Municipality, no later than 30 days after the date of the cancellation of the certificate, an amount equal to the amount of the tax exemption received after the effective date of the cancellation of the certificate.

(2) If the said amount is not paid within 30 days, any amount unpaid will bear interest at a rate

of 1.0% per month, compounded annually.

Waiver of development cost charges 10 (1) Development cost charges for water, sewer and roads are waived for all class 1

(residential), or combined class 1 (residential) and class 6 (business and other), eligible development in a revitalization area shown outlined and hatched on Schedule 1.

(2) For certainty, development cost charges are not waived for the following eligible development:

(a) class 4 (major industry),

(b) class 5 (light industry), or

(c) class 6 (business and other) food and beverage processing in an industrial zone.

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Repeal 11 (1) This bylaw repeals Bylaw 3488, being the “Revitalization Tax Exemption Program

Bylaw”. (2) This bylaw is repealed effective May 31, 2024.

READ a first time on November 20, 2013 READ a second time on December 4, 2013 READ a third time on December 4, 2013 ADOPTED on M. O. Ruttan, Corporate Officer J. W. Lefebure, Mayor

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SCHEDULE 1 REVITALIZATION AREAS

CHEMAINUS

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REVITALIZATION AREAS

CROFTON

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REVITALIZATION AREAS SOUTH END/UNIVERSITY VILLAGE

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SCHEDULE 2 EXCLUDED INDUSTRIAL LANDS

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SCHEDULE 3 REVITALIZATION TAX EXEMPTION AGREEMENT

THIS AGREEMENT dated for reference the _____ day of _______________, 20__ is BETWEEN: (the “Owner”) AND: The Corporation of the District of North Cowichan Box 278 Duncan, BC V9L 3X4

(the “Municipality”)

GIVEN THAT: A. The Owner is the registered owner in fee simple of lands in the Municipality at [civic

address], legally described as [legal description] (the “Parcel”); B. Council has established a revitalization tax exemption program pursuant to Bylaw 3526,

being the Revitalization Tax Exemption Bylaw (the “Bylaw”); and C. The Owner proposes to construct new improvements or alter or renovate existing

improvements on the Parcel as described in Appendix “A” attached to and forming part of this agreement (the “Project”) and has applied to the Municipality to take part in the revitalization tax exemption program in respect of the Project and the Municipality has agreed to accept the Project under the program;

THIS AGREEMENT is evidence that in consideration of the promises exchanged below, the Owner and the Municipality covenant and agree each with the other as follows: 1. In this Agreement, the following words have the following meanings:

a. “assessed value” means the most recent assessed value for a parcel as determined by

the BC Assessment Authority;

b. “baseline assessment” means the last published assessed value for a parcel’s improvements, prepared by the BC Assessment Authority immediately before the commencement of the eligible development;

c. “project” means a revitalization project on a Parcel involving the construction of a new

improvement, alteration or renovation of an existing improvement, which meets the requirements of the Bylaw, and the construction of which is begun after an application for a Tax Exemption has been submitted to, and approved by, Council;

d. “tax exemption” means a revitalization tax exemption for which a tax exemption

certificate has been issued; e. “tax exemption certificate” means a revitalization tax exemption certificate issued by

the Municipality under this bylaw and the Community Charter, in the form prescribed by the Corporate Officer.

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The Project 2. The Owner will use its best efforts to ensure that the Project is constructed, maintained,

operated and used in a fashion that will be consistent with and will foster the objectives of the revitalization tax exemption program, as outlined in the Bylaw. Without limiting the generality of the foregoing, the Owner covenants to use its best efforts to ensure that the Project will: a. b.

Operation and Maintenance of the Project 3. Throughout the term of this agreement, the Owner must operate, repair, maintain and keep

the Project in a state of good repair consistent with that of a prudent and responsible owner.

Revitalization Tax Exemption 4. Subject to fulfillment of conditions set out in this agreement and in the Bylaw, the

Municipality must issue a revitalization tax exemption certificate to the British Columbia Assessment Authority entitling the Owner to a property tax exemption in respect of general municipal property taxes due (not including local service tax, parcel tax or business improvement area tax) in relation to improvements on the Parcel (the “Tax Exemption”) for the calendar year(s) set out in this agreement.

Conditions 5. The owner must fulfill the following conditions before the Municipality will issue a Tax

Exemption Certificate to the Owner in respect of the Project: a. The Owner must obtain a building permit from the Municipality for the Project; b. The Owner must complete or cause to be completed construction of the Project in a

good and workmanlike fashion and in strict compliance with the building permit and any required development permit;

c. The Owner must obtain an occupancy permit for use as [describe permitted use] (the “Exempt Use”) and for no other use.

Calculation of Revitalization Tax Exemption 6. The amount of the Tax Exemption in each year will be equal to that part of the general

municipal portion of property taxes calculated by deducting the Baseline Assessment from the current Assessed Value and applying the difference to the current municipal tax rate.

Term of Tax Exemption 7. Provided the requirements of this agreement and the Bylaw are met, the Tax Exemption

will be for the taxation years _____ to ____, inclusive.

Compliance with Laws 8. The Owner must construct the Project and, at all times during the term of the Tax

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Exemption, use and occupy the Parcel forming part of the Project for the exempt use in compliance with all statutes, laws, regulations, bylaws and orders of any authority having jurisdiction and, without limiting the generality of the foregoing, all federal, provincial, or municipal laws or statutes or bylaws, including all the rules regulations policies guidelines criteria or the like made under or pursuant to any such laws.

Subdivision under Strata Property Act 9. If the Owner deposits a strata plan in the Land Title Office under the Strata Property Act

that includes an improvement on the Parcel included in the Project, then the Tax Exemption must be prorated among the strata lots in accordance with the unit entitlement of each strata lot for: a. the current and each subsequent tax year during the currency of this agreement if the

strata plan is accepted for registration at the Land Title Office before May 1; or

b. for the next calendar year and each subsequent tax year during the currency of this agreement if the strata plan is accepted for registration at the Land Title Office after May 1.

Representations and Warranties

10. The Owner represents and warrants to the Municipality that the Owner is the Owner of the

Parcel for the purpose of property assessment and taxation.

Cancellation 11. The Municipality may in its sole discretion cancel the Tax Exemption Certificate at any

time: a. on the written request of the Owner; or

b. effective immediately upon delivery of a notice of cancellation to the Owner if at any

time a condition in the Tax Exemption Certificate is not met.

12. If such cancellation occurs, the Owner of the Parcel for which the Tax Exemption Certificate was issued must pay to the Municipality within 30 days of cancellation an amount equal to the percentage of the amount of any Tax Exemption equivalent to the percentage of the year remaining from the date of cancellation.

13. If the amount is not paid under section 12, any amount unpaid will bear interest at a rate of 1.0% per month, compounded annually.

No Refund 14. Under no circumstances will the Owner be entitled under the Municipality's revitalization

tax exemption program to any cash credit, any carry forward tax exemption credit or any refund for any property taxes that have been paid.

Notices 15. Any notice or other writing required or permitted to be given hereunder or for the purposes

hereof to any party will be sufficiently given if delivered by hand or posted on the Parcel, or

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if sent by prepaid registered mail (Express Post) or if transmitted by facsimile to such party: a. in the case of a notice to the Municipality, at:

The Corporation of the District of North Cowichan Box 278 Duncan, BC V9L 3X4

b. in the case of a notice to the Owner, at: [insert name and address of owner] Or at such other address as the party to whom such notice or other writing is to be given shall have last notified the party giving the same.

No Assignment 16. The Owner must not assign its interest in this agreement except to a subsequent owner in

fee simple of the Parcel.

Severance

17. If any portion of this agreement is held invalid by a court of competent jurisdiction, the invalid portion must be severed and the decision that it is invalid must not affect the validity of the remainder of this agreement.

Interpretation

18. Wherever the singular or masculine is used in this agreement, the same must be construed as meaning the plural, the feminine or body corporate where the context or the parties thereto so require.

Further Assurances 19. The parties hereto agree to execute and do all such further deeds, acts, things and

assurances that may be reasonably required to carry out the intent of this agreement.

Waiver

20. A waiver by the Municipality of a default by the Owner must be in writing and must not be deemed to be a waiver of any subsequent or other default.

Powers Preserved 21. This agreement does not:

a. affect or limit the discretion, rights or powers of the Municipality under any enactment or at common law, including in relation to the use or subdivision of the Parcel;

b. affect or limit any enactment relating to the use or subdivision of the Parcel; or c. relieve the Owner from complying with any enactment, including in relation to the use

or subdivision of the Parcel, and without limitation does not of itself confer directly or indirectly any exemption or right of set-off from development cost charges, connection charges, application fees, user fees or other rates, levies or charges payable under any

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bylaw of the Municipality. Reference

22. Every reference to each party is deemed to include the heirs, executors, administrators,

personal representatives, successors, assigns, servants, employees, agents, contractors, officers, licensees and invitees of such party, wherever the context so requires or allows.

Enurement

23. This agreement enures to the benefit of and is binding upon the parties hereto and their respective successors and permitted assigns.

IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. Executed by The Corporation of the District of North Cowichan by its authorized signatories: ______________________________________ Mayor ______________________________________ Corporate Officer Executed by ___________________________ by its authorized signatories _____________________________________ Name: _____________________________________ Name:

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APPENDIX “A” to Revitalization Tax Exemption Agreement

Map of Affected Parcel

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BYLAW 3527

Miscellaneous Bylaws Amendment and Repeal Bylaw, 2013 The council of The Corporation of the District of North Cowichan enacts as follows: 1 “Animal Control Bylaw, 1995”, No. 2856, is amended by striking out “of Schedule "A"” in

section 17, and substituting “prescribed by the Corporate Officer”.

2 “Cemetery Bylaw 1997”, No. 2933, is amended by adding the following section: Board of Trustees

2.1 The Municipal Council is designated as a board of trustees to operate the Mountain View and Pioneer Cemeteries, pursuant to section 37 (2) of the Cremation, Interment and Funeral Services Act.

3 “Council Procedure Bylaw”, No. 3497, is amended (a) in section 4 (2), by striking out “3:00 p.m.” and substituting “1:30 p.m.”

(b) by repealing section 15 (1), and substituting the following: 15 (1) The agenda for all regular council meetings 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 and hearings;

(e) delegations and presentations;

(f) public input on agenda items;

(g) bylaws;

(h) reports;

(i) correspondence;

(j) notices of motions;

(k) unfinished and postponed business;

(l) new business;

(m) question period;

(n) committee of the whole;

(o) closed session; (p) adjournment.

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(c) by inserting the word “main” between the words “a” and “motion” in section 21 (3).

(d) by striking out the word “to” and substituting the word “and” in section 21 (4).

4 “Interpretation Bylaw”, No. 2, is amended by repealing section 3 (o), and substituting the following:

3 (o) Where in a bylaw reference is made to another bylaw, the reference is to the other bylaw as amended, whether amended before or after the commencement of the bylaw in which the reference occurs.

5 “Municipal Ticket Information System Bylaw”, No. 3464, is amended (a) by replacing the words “Schedule 9” with “Section 9”; and (b) by renumbering the items in Section 14 from “2 and 3” to “1 and 2”.

6 “Permissive Tax Exemption Bylaw”, No. 3519, is amended by inserting the following in the Schedule:

114.1 Maple Bay Yacht Club 9119.000 6337 Genoa Bay Rd 50% of Class 8 (Recreation) 2015-2023

7 The Schedule to the “Select Committees Bylaw”, No. 3496, is amended in Item 7 by striking

out the words in Column 3 [Non-Council Membership], and inserting “up to 6, including one representative from Duncan Council”.

8 “Sign Bylaw”, No. 3479, is amended by:

(a) repealing section 2 (1), and substituting the following: 2 (1) “A person must not erect a sign without first obtaining a permit.”

(b) deleting the repeated words “an attraction” in section 2 (2) (d). 9 “Waterworks Bylaw 1995”, No. 2839, is amended in section 45(2) by striking out the words

“Schedule “A””, and inserting “the Fees Bylaw”. 10 This bylaw repeals the following bylaws:

(a) “Athletic Commission Bylaw”, 2010, No. 3402; (b) “Duncan-North Cowichan Joint Recreation Facilities Bylaw 1977”, No. 1769; and (c) all bylaws of the Cowichan Valley Regional District that apply under section 24 of the

Local Government Act to 3254 Dogwood Road. 11 Section 3 (a) of this bylaw takes effect January 1, 2014. READ a first time on November 20, 2013 READ a second time on November 20, 2013 READ a third time on November 20, 2013 READ a third time, as amended, on December 4, 2013 ADOPTED on M. O. Ruttan, Corporate Officer J.W. Lefebure, Mayor

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Municipality of North Cowichan Community Planning Advisory Committee


November 18, 2013 3:00 pm Municipal Hall - Committee Room


Councillor Ruth Hartmann James Cosh Peggy Bran Councillor Barb Lines

Members Absent Darlene Taylor

Bob Greene Staff Present Councillor John Koury (3:10 pm)

Dave Devana, Chief Administrative Officer (CAO) Scott Mack, Director of Planning and Development

1. Call to Order

There being a quorum present, the Chair called the meeting to order at 3:06 pm.


The Committee approved the agenda as circulated.

3. Business

3.1. Echo Heights – Land Use Options

The Committee reviewed the Director of Planning and Development's June 19, 2013 report.

3.2. Echo Heights – 20% Development Concept

The Committee reviewed Director of Planning and Development, October 16, 2013 report.

3.3. Community Development Projects and Reliance on Land Development Fund

The Committee reviewed the CAO's October 21, 2013 report. Recommendation:

_____________________________________________________________________

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November 18, 2013 - Community Planning Advisory Minutes

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The Committee supported the following recommendation: That Council proceed with development of 20% of Echo Heights, with the remaining 80% to be designated as park, with the 20% disturbed area developed in a comprehensive manner with a focus on attracting families and children, and with an annual contribution to be made (approx. $10,0000) towards education, stewardship and management of the 80% protected area. Opposed: Mayor Jon Lefebure

4. New Business

None received.

5. Adjournment

The meeting ended at 3:48 pm.

_________________________ Chair

_________________________

Recording Secretary

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Municipality of North Cowichan Climate Change Advisory Committee


November 28, 2013 3:00 pm Municipal Hall - Committee Room

Members Present Councillor Kate Marsh, Chair

Gail Calderwood Reed Early Sandra McPherson Peter Nix David Preikshot

Members Absent Miles Phillips Staff Present Brian Green, Manager of Planning and Sustainability

Brigid Reynolds, Senior Planner - Environment & Policy Dave Pady, Planner

1. Call to Order

There being a quorum present, the Chair called the meeting to order at 3:00 pm.


The Committee approved the agenda as amended to add the following items: 5.1 Verbal Report on “Sharing the Plan” working group 5.2 Process to deal with old business


The Committee adopted its October 24 and November 7, 2013 meeting minutes.

4. Business

4.1. University Village Local Area Plan Update

The Committee received a verbal update on the University Village Local Area Plan from Brian Green.

_____________________________________________________________________

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November 28, 2013 - Climate Change Advisory Committee

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4.2. Crofton Community Local Area Plan Update

The Committee received a verbal update on the Crofton Community Local Area Plan from Brian Green.

4.3. BC Hydro Community Energy Manager Position

The Committee received a presentation from the Senior Planner on the Community Energy Manager BC Hydro work plan for 2013/2014 and advised that Mia Oldenburg, Co-op Planning Student, has been hired for BC Hydro's Co-op Student Program.

4.4. CAEP Implementation Framework Update

This item was postponed to the next meeting.

4.5. Cowichan Agriculture Adaptation to Climate Change

The Committee received a presentation from the Senior Planner, along with Planner Rogers' October 4, 2013 report, regarding the Cowichan Valley Regional District's Cowichan Agriculture Adaptation Strategy and its synergies with the Agricultural Advisory Committee's Work and Implementation Plan.

4.6. Supporting Local Governments to Pursue Energy Efficiency Buildings

The Committee received a presentation from the Senior Planner, along with her November 19, 2013 report, that included a letter dated November 18, 2013 to various Provincial Ministers requesting that the Province continue to strengthen provincial policies to improve energy efficiency of residential buildings and support local government leadership in this area. Recommendation: That Council endorse and authorize the Mayor to sign the proposed letter to the Province asking for its support of local government leadership on energy efficient buildings to achieve climate targets.

4.7. Zoning Bylaw Review - presentation and discussion

The Committee received a presentation from Dave Pady, along with his June 10, 2013 report regarding a proposed new Zoning Bylaw.

4.8. Meeting Times - discussion

This item was postponed to the next meeting. 5. New Business

5.1. Verbal Report on "Sharing the Plan" working group

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November 28, 2013 - Climate Change Advisory Committee

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The Committee received a brief verbal report from Councillor Marsh on the "Sharing the Plan" working group's recent meeting. The working group will be advised when a follow-up meeting is scheduled.

5.2. Process to deal with old business

Sandy McPherson requested that the heading of "Old Business" be added to the minutes template and outstanding items be listed so they are not lost sight of.

6. Adjournment

The meeting ended at 5:10 pm.

_________________________ Chair

_________________________

Recording Secretary

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Report


Date Select Date File: 0470-01

To Council

From Mark Ruttan, Director of Administration Endorsed:

Subject Intermunicipal Dispute Resolution

Purpose

The purpose of this report is to have Council examine the dispute resolution provision of the draft Intermunicipal Relationship Protocol (“friendship agreement”) with City of Duncan.

Background

On November 27, 2013, Council met as a Committee of the Whole with the City of Duncan. One of the topics addressed was the Intermunicipal Relationship Protocol, also referred to as the “friendship agreement”. Given the nature and simplicity of the friendship agreement, North Cowichan staff did not see the need for lengthy and detailed dispute resolution provisions. Consequently, staff suggested the following simple principle: “Seek to resolve problems in a timely, inexpensive, informal, and cooperative manner.” The City of Duncan would like the more detailed provisions shown in the attached Protocol. Council agreed to refer this topic to an upcoming Council meeting for further discussion.

Discussion

Staff continues to support a succinct statement, more in keeping with a friendship agreement. It should be noted that the Community Charter contains adequate dispute resolution provisions that can be relied upon if needed.

Options

1. Leave wording as suggested by North Cowichan staff 2. Reference the Community Charter’s dispute resolution provisions. 3. Incorporate the detailed provisions, or some variation thereof.

Recommendation

That Council support inclusion of the following dispute resolution principle in its draft Intermunicipal Relationship Protocol with the City of Duncan: "Seek to resolve problems in a timely, inexpensive, informal, and cooperative manner (subject to Part 9, Division 3, of the Community Charter)". Attachment(s):

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Dispute Resolution

(From the Ministry of Community, Sport and Cultural Development)

Alternative dispute resolution that emphasizes interest-based negotiation strives to achieve solutions that are acceptable for everyone involved in a dispute. Widely used in a variety of fields, alternative dispute resolution encourages open communication and helps foster understanding between the parties and better long-term relationships. BC was one of the first provinces in Canada to put alternative dispute resolution provisions in legislation, which is aimed at helping to resolve disputes between government jurisdictions. This process is available to local governments through the regional growth strategy and regional district service review provisions of the Local Government Act and through the dispute resolution provisions of the Community Charter.

Conflicts can arise for a variety of reasons, including: unequal impacts, benefits or costs; different expectations, assumptions or forecasts; different definitions of the issue; different values; fragile relationships; different standards of behaviour; and decisions/actions on unrelated issues.

Conflicts can arise on a variety of issues, including:

� land-use planning; � service arrangements; � economic development; � environment or natural resource protection; � community programs; and � partner agreements.

Alternative dispute resolution that aims to resolve disputes collaboratively helps parties to: identify their interests; explore options for resolution; develop and implement solutions acceptable to all; and obtain the services of a neutral mediator, if needed. Solving disputes as early as possible will also help parties avoid stressful and costly arbitration or court action.

To utilize one of the alternative dispute resolution processes in the legislation one or more of the parties to a dispute may request process advice and assistance from the Ministry of Community Services. Please note that ministry assistance is not available for legal or labour disputes

In addition, under the Local Government Act and Community Charter certain disputes between or among local governments, must be settled using one of the binding arbitration methods, if non-binding methods fail to resolve the dispute.

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Disputes subject to mandatory binding arbitration as a last resort include those that relate to: acceptance of a regional growth strategy; regional district service withdrawal; an inter-municipal boundary highway; an inter-municipal transecting highway; an inter-municipal bridge; an inter-municipal watercourse; and a matter prescribed in an order by Cabinet.

Any party to an inter-governmental dispute may apply for process assistance to the ministry. A dispute resolution officer or facilitator may then help the parties resolve the matter by any process the officer or facilitator considers appropriate, including by referring the matter to mediation and other non-binding resolution processes. For those disputes not subject to mandatory arbitration under either the Local Government Act or the Community Charter, if the parties agree, the officer must direct the dispute to binding arbitration through a process of final proposal arbitration, or full arbitration.

For further information please contact: Lois-Leah Goodwin, Director Intergovernmental Relations and Planning Tel: 250 356-1128 E-mail: [email protected] Toll Free through Enquiry BC In Vancouver call: 604 660-2421 Elsewhere in BC call:1-800-663-7867

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Division 3 — Dispute Resolution

Request for assistance in relation to intergovernmental dispute

284 (1) If a dispute arises between a municipality and

(a) another local government, or

(b) the Provincial government or a Provincial government corporation,

and the parties cannot resolve the dispute, one or more of the parties may apply to a

dispute resolution officer for help in resolving the dispute.

(2) If an application is made under subsection (1), the dispute resolution officer

(a) must review the matter,

(b) may attempt to help the parties to resolve the dispute by any process

the officer considers appropriate, including by using or referring the

matter to mediation or another non-binding resolution process, and

(c) may assist the parties in determining how costs of the process are to

be apportioned.

(3) This Division applies to the City of Vancouver.

Voluntary binding arbitration

285 If the parties to a dispute agree, a dispute resolution officer must direct the dispute to

resolution by binding arbitration under section 287 [final proposal arbitration] or 288

[full arbitration].

Mandatory binding arbitration

286 (1) This section applies to disputes between local governments respecting

(a) an intermunicipal boundary highway, an intermunicipal transecting

highway, an intermunicipal bridge or an intermunicipal watercourse, or

(b) a prescribed matter.

(2) If a party to the dispute applies to a dispute resolution officer then, subject to

subsection (3), the officer must direct the dispute to binding arbitration under section

287 [final proposal arbitration] or 288 [full arbitration].

101

(3) Before directing a dispute to binding arbitration under this section, the dispute

resolution officer may direct the dispute to mediation or another non-binding resolution

process.

(4) The choice of arbitration process under this section is to be determined by

agreement between the parties but, if the dispute resolution officer considers that the

parties will not be able to reach agreement, the officer may direct which process is to

be used.

(5) If more than one local government is involved in a matter that has been directed to

binding arbitration under this section, the arbitrator may direct that the matter is to be

settled for all local governments in the same arbitration.

(6) If a local government does not adopt the bylaws required under section 290

[implementation of arbitrator's decision] in relation to an arbitration under this section,

the Lieutenant Governor in Council may, on the recommendation of the minister,

implement the terms and conditions of the arbitrator's decision.

(7) An order under subsection (6) is deemed to be a bylaw of the local government.

Final proposal arbitration

287 The following apply to a dispute referred to in section 285 or 286 that is to be resolved by

final proposal arbitration:

(a) the dispute is to be resolved by a single arbitrator;

(b) the arbitrator is to be selected, from the list prepared under section

289 (1) [arbitrator list], by agreement among the parties to the dispute

or, if the dispute resolution officer considers that these parties will not be

able to reach agreement, by the officer;

(c) subject to any applicable regulations, the arbitrator must conduct the

proceedings on the basis of a review of written documents and written

submissions only, and must determine each disputed issue by selecting

one of the final written proposals for resolving that issue submitted by

one of the participating parties;

(d) the matter in dispute will be as settled by the arbitrator after

incorporation of the final proposals selected by the arbitrator under

paragraph (c);

102

(e) no written reasons are to be provided by the arbitrator.

Full arbitration

288 The following apply to a dispute referred to in section 285 or 286 that is to be resolved by

full arbitration:

(a) the dispute is to be resolved by a single arbitrator, who is to be

selected in accordance with section 287 (b) [final proposal arbitration];

(b) subject to any applicable regulations, the arbitrator may conduct the

proceedings at the times and in the manner he or she determines;

(c) the matter will be as settled by the arbitrator, who is not restricted in

his or her decision to submissions made by the parties on the disputed

issues;

(d) the arbitrator must give written reasons for the decision.

General provisions regarding arbitration process

289 (1) The minister must, after consultation with representatives of the Union of British

Columbia Municipalities, prepare a list of persons who may be arbitrators under this

Division.

(2) If a dispute between local governments is referred to arbitration under this Division,

subject to a direction by the arbitrator or to an agreement between the parties,

(a) the fees and reasonable and necessary expenses of the arbitrator,

and

(b) the administrative costs of the process, other than the costs incurred

by the parties participating in the process,

are to be shared proportionately between the parties participating in the process on the

basis of the converted value of land and improvements in their jurisdiction.

(3) The time limit for bringing any judicial review of a decision of an arbitrator under

this Division is the end of the period for agreement under section 290 (1).

Implementation of arbitrator's decision

103

290 (1) During the 60 days after a matter is settled under section 287 [final proposal

arbitration] or 288 [full arbitration], the parties may agree on a settlement that differs

from the decision of the arbitrator.

(2) At the end of the period referred to in subsection (1), unless agreement is reached

as referred to in that subsection, the decision of the arbitrator becomes binding on the

parties.

(3) If the decision becomes binding under subsection (2), the parties to the arbitration

must adopt the bylaws and take the other actions required to implement the terms and

conditions of the arbitrator's decision within 90 days after it becomes binding under

that subsection.

(4) Despite any other provision of this Act or any other Act, approval of the electors or

assent of the electors is not required for a bylaw referred to in subsection (3).

(5) A dispute resolution officer may extend the time period under subsection (1) before

or after it has expired.

Regulations respecting arbitrations

291 The minister may make regulations respecting arbitrations under this Division and,

without limiting this, may make regulations respecting one or more of the following:

(a) matters that an arbitrator must or may consider;

(b) the authority of an arbitrator to resolve the terms and conditions for a

dispute;

(c) the authority of an arbitrator to require the cooperation of the parties

to the arbitration and their officials and representatives in relation to the

arbitration.

104

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