Meeting




COWICHAN VALLEY REGIONAL DISTRICT


NOTICE OF BOARD MEETING


 
DATE:   Wednesday, January 10, 2024
     
     
TIME:   REGULAR SESSION
    1:30 PM
     
    CLOSED SESSION
12:00 PM
     
PLACE:   BOARD ROOM
    175 INGRAM STREET
     
     
   
    ________________________________
    Kathleen Harrison
    DEPUTY CORPORATE OFFICER

 
 
 




REGULAR BOARD MEETING AGENDA
Wednesday, January 10, 2024
 Boardroom 
175 Ingram Street, Duncan, BC
1:30 PM

 

LAND ACKNOWLEDGMENT
 
I would like to recognize that the CVRD is (we are) on the unceded territories of the Quw'utsun, Malahat, Ts'uubaa-asatx, Halalt, Penelakut, Stz'uminus, Lyackson, Pauquachin, Ditidaht & Pacheedaht Nations, whose people have walked gently here for thousands of years.
1.

APPROVAL OF AGENDA

Motion to approve agenda.

2.

CLOSED SESSION

Motion that the meeting be closed to the public in accordance with the Community Charter Part 4, Division 3, Section 90, subsections as noted in accordance with each agenda item.

CSM1 – Minutes of the Closed Session Board meeting of December 13, 2023

CSD1 – Solicitor/Client Privlege – Legal Advice {Community Charter Section 90 (1)(g)}

CSSR1 – Labour Relations – (Community Charter Section 90(1)(c)}

CSRES1 – Appointments {Community Charter Section 90(1)(a)}

CSRES2 – Appointments {Community Charter Section 90(1)(a)

CSRES3 – Appointments {Community Charter Section 90(1)(a)}

3.

ADOPTION OF MINUTES                                                                                                                           

M1.

Regular Board Meeting of December 13, 2023

Recommendation

That the minutes of the Regular Board meeting of December 13, 2023 be adopted.

 
4.

BUSINESS ARISING FROM THE MINUTES

BA1.

Business Arising from Regular Board meeting minutes of December 13, 2023 Re: Resolution 23-621 {Application No. 03-H-16RS (13271 Simpson Road/PID:008-903-603)} – Pursuant to Local Government Act s. 217 the Chair may require the Board to reconsider this item.

Recommendation
For reconsideration
 
BA2.

Correspondence from McCarthy Tetrault Re: Request for Reconsideration – Application No. 03-H-16RS (PID: 008-903-603 / Schnitzer Steel)

Recommendation
For direction
 
5.

PUBLIC INPUT PERIOD

The Public Input Period is to offer the public an opportunity to comment on an agenda item before the Board considers the item. The Public Input Period Procedure Policy allows for an allotment of 15 minutes, where the speaker is welcome to comment on any item(s) on the agenda up to a maximum of 3 minutes.  This excludes items that are or have been the subject of a Public Hearing.  The speaker should comment in a polite, calm, and courteous manner using respectful language, civility, and decorum.

6.

DELEGATIONS

7.

REPORT OF THE CHAIRPERSON

8.

CORRESPONDENCE

C1.

Correspondence from the Cowichan Valley Minor Hockey Association Re: Emergency Warming Centre

Recommendation
For direction
 
9.

INFORMATION

10.

COMMITTEE/COMMISSION REPORTS

CR1.

Report and Recommendations of the Committee of the Whole Meeting of December 13, 2023 - Director McGonigle

Recommendation
R1 That the proposed South Cowichan Local Area Transit Plan (2023) be endorsed.

R7 That the Cowichan Valley Regional District enter into the Mill Springs Sewer System Extension Agreement with the following owners based upon the following allocated system capacity units (the “Equivalent Units”) within the Mill Springs Sewer System:
1. Brentwood College School - 150 Equivalent units
2. Bayview – 30 Equivalent Units
3. Peninsula Co-Op – 20 Equivalent Units
4. Cove Strata VIS 5068 – 24 Equivalent Units
5. Limona and Stonebridge Development affiliated companies –325 Equivalent Units
6. Mill Bay Synergy Mall Properties – 32 Equivalent Units
7. Mill Bay Marine Group – 25 Equivalent Units
8. Shell – 40 Equivalent Units

R8 1. That the Shawnigan Basin Society (SBS) become a Strategic Partner for 2024 under the Drinking Water and Watershed Protection Program Partnership Policy with a contribution of $10,000.
2. That staff review existing CVRD functions that are aligned with and can be better funded through the Drinking Water and Watershed Protection Program and bring forward any associated bylaws that could be repealed.

R9 That Emergency and Disaster Debt Management be added to the advocacy item to the CVRD Strategic Plan, of 6.5.

R11. That the CVRD apply for a grant from the Union of BC Municipalities (UBCM’s) Asset Management Planning Program to support and enhance the CVRD’s Asset Management Program.
 
CR2.

Report and Recommendations of the Electoral Area Services Committee Meeting of December 20, 2023 - Director Morrison

Recommendation

C1    That a Grant-in-Aid, Electoral Area B – Shawnigan Lake, in the amount of $1,000 be provided to the Sunrise Waldorf Parent Association (SWPA) to assist with funding of an elementary school climbing structure.

C2    That a Grant-in-Aid, Electoral Area D – Cowichan Bay, in the amount of $500 be provided to the Cowichan Bay Improvement Association (CBIA) to assist in funding for new garbage/recycle receptacles for the Village core.

R2    1.    That the CVRD apply for a grant, receive and manage from the Union of BC Municipalities to develop a Complete Community Assessment for all CVRD electoral areas as outlined in this staff report dated November 23, 2023, to the December 6, 2023, Electoral Area Services Committee; and
2.    That the 2024 budget for function 325 (Community Planning) be amended, subject to grant approval to:
a.    Increase grants by $150,000;
b.    Increase expense (Strategic Initiatives – Consultants) by $75,000; and
c.    Increase expense (Strategic Initiatives – Public Engagement) by $75,000.

R6    1.    That the review for possible inclusion for Strata 5772, Cottages at Marble Bay to join Bald Mountain Water system proceed in fall of 2024;
2.    That the grant application to the Provincial Infrastructure Planning Grant Program be prepared for the water system feasibility study; and if successful be funded by $10,000 grant and remainder by Strata system funds; and
3.    If grant is unsuccessful, be funded by up to $10,000 from Electoral Area Feasibility Function 130 with the remainder by Strata system funds.

R7    1.    That CVRD Bylaw No. 3711 – Mill Springs Sewer System Establishment bylaw, 2013, be amended to increase the maximum annual requisition limit from $137,000 to the greater of $171,250, or an amount that equals the amount raised by applying the property value tax rate of $0.53718 per $1,000 to the net taxable value of land and improvements in the service area.
2.    That CVRD Bylaw No. 4205 – Cobble Hill Village Sewer System Establishment bylaw, 2018 be amended to increase the maximum annual requisition limit from $160,000 to the greater of $200,000, or an amount that equals the amount raised by applying the property value tax rate of $1.11553 per $1,000 to the net taxable value of land and improvements in the service area.
3.    That CVRD Bylaw No. 3052 – Lambourn Estates Sewer System Establishment bylaw, 2008 be amended to increase the maximum annual requisition limit from $39,000 to the greater of $48,750, or an amount that equals the amount raised by applying the property value tax rate of $0.29697 per $1,000 to the net taxable value of land and improvements in the service area.

R8    1.    That CVRD Bylaw No. 3034 – Lambourn Estates Water System Establishment bylaw, 2008, be amended to increase the maximum annual requisition limit from $51,500 to the greater of $64,375, or an amount that equals the amount raised by applying the property value tax rate of $0.36400 per $1,000 to the net taxable value of land and improvements in the service area.
2.    That CVRD Bylaw No. 2987 – Arbutus Mountain Estates Water System Establishment bylaw, 2007, be amended to increase the maximum annual requisition limit from $112,410 to the greater of $140,512 or an amount that equals the amount raised by applying the property value tax rate of $1.39085 per $1,000 to the net taxable value of land and improvements in the service area.
3.    That CVRD Bylaw No. 3707 – Burnum Water System Establishment bylaw, 2013, be amended to increase the maximum annual requisition limit from $59,000 to the greater of $73,750, or an amount that equals the amount raised by applying the property value tax rate of $0.61874 per $1,000 to the net taxable value of land and improvements in the service area.

Electoral Area Directors only vote on the following:

R1    1.    That the draft Zoning Amendment Bylaw and Official Community Plan Amendment Bylaw for Application No. RZ23C02 (1441 Fisher Road, PID: 006-831-231), be prepared by staff and forwarded to the Board for consideration; and
2.    That Application No. RZ23C02 (1441 Fisher Road, PID: 006-831-231), be forwarded to the following external agencies:
a.    Electoral Area C – Cobble Hill Advisory Planning Commission;
b.    Electoral Area C – Cobble Hill Community Parks Advisory Commission;
c.    Cobble Hill Improvement District;
d.    Mill Bay Improvement District;
e.    BC Transit;
f.    Ministry of Transportation;
g.    School District No. 79;
h.    Cowichan Tribes; and
i.    Malahat First Nation.

R5    That Development Applications Procedures Amendment Bylaw No. 4529, 2024, be forwarded to the Board for consideration of three readings and adoption.
 
11.

DIRECTOR REPORTS

12.

STAFF REPORTS

SR1.

Report from the General Manager Community Services Department Re: CCC Emergency Warming Centre Update

Recommendation
For Information
 
SR2.

Report from the Finance Division Re: 2024 Revenue Anticipation Borrowing Bylaw No. 4541

Recommendation
For information
 
13.

PUBLIC HEARINGS

14.

BYLAWS

B1.

CVRD Bylaw No. 4505 – Cowichan Bay Critical Location Streetlighting Service Amendment (Requisition Limit Increase) Bylaw, 2023

Recommendation
  1. That 3rd reading of "CVRD Bylaw No. 4505 – Cowichan Bay Critical Location Streetlighting Service Amendment (Requisition Limit Increase) Bylaw, 2023", be rescinded. 
  2. That "CVRD Bylaw No. 4505 – Cowichan Bay Critical Location Streetlighting Service Amendment (Requisition Limit Increase) Bylaw, 2023", be granted 3rd reading as amended.
 
B2.

CVRD Bylaw No. 4527 – Recycling and Garbage Collection Rates Amendment Bylaw, 2024

Recommendation
1. That "CVRD Bylaw No. 4527 – Recycling and Garbage Collection Rates Amendment Bylaw, 2024", be granted 1st, 2nd and 3rd reading.
2. That "CVRD Bylaw No. 4527 – Recycling and Garbage Collection Rates Amendment Bylaw, 2024", be adopted.
 
B3.

CVRD Bylaw No. 4541 – 2024 Revenue Anticipation Borrowing Bylaw, 2024

Recommendation
1. That "CVRD Bylaw No. 4541 – 2024 Revenue Anticipation Borrowing Bylaw, 2024", be granted 1st, 2nd and 3rd reading
2. That "CVRD Bylaw No. 4541 – 2024 Revenue Anticipation Borrowing Bylaw, 2024", be adopted.
 
 
15.

BYLAWS - ELECTORAL AREA DIRECTORS

BEA1.

CVRD Bylaw No. 4529 – Development Application Procedures Bylaw Amendment Bylaw, 2023

Recommendation
1.  That “CVRD Bylaw No. 4529 – Development Application Procedures Bylaw Amendment Bylaw, 2023” be granted 1st, 2nd and 3rd reading.
2.  That “CVRD Bylaw No. 4529 – Development Application Procedures Bylaw Amendment Bylaw, 2023” be adopted.
 
BEA2.

CVRD Bylaw No. 4497 – Electoral Area F – Cowichan Lake South/Skutz Falls Zoning Amendment Bylaw (7531 Cowichan Lake Road/ PID: 012-490-920), 2023

Recommendation
That "CVRD Bylaw No. 4497 – Electoral Area F – Cowichan Lake South/Skutz Falls Zoning Amendment Bylaw (7531 Cowichan Lake Road/ PID: 012-490-920), 2023”, be granted 3rd reading.
 
16.

RESOLUTIONS

17.

UNFINISHED BUSINESS

18.

NOTICE OF MOTION

19.

NEW BUSINESS

20.

QUESTION PERIOD
 

The Question Period is an opportunity to offer the public to ask a question regarding the business of CVRD.  The Question Period allows for an allotment of 15 minutes and is comprised of two parts.  The first is reserved for questions directly related to agenda items.  If there is time remaining, questions may be on a matter of public interest related to and in the CVRD jurisdiction.  Each questioner is permitted to ask one question, plus one follow-up question related to the answer.  The Question must truly be a question, and not a statement of opinion, or speech.  Questioners must avoid personal references, insinuations, violent, offensive, or disrespectful remarks about another person; and unparliamentary language.  

21.

ADJOURNMENT

Motion to adjourn.