municipality of north cowichan regular council agenda...purpose: to adopt a new financial plan...

Municipality of North CowichanRegular Council

AGENDA

Wednesday, February 7, 2018, 1:30 p.m.Municipal Hall - Council Chambers

Pages

1. CALL TO ORDER

This meeting is open to the public. All representations to Council form part of thepublic record. Proceedings will be streamed live and archived at northcowichan.ca.

2. APPROVAL OF AGENDA

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

3. ADOPTION OF MINUTES 4 - 12

Recommendation:That Council adopt the minutes of regular meeting held January 17, 2018 and theSpecial Council meeting held January 26, 2018.

4. DELEGATIONS AND PRESENTATIONS

4.1 Watershed Service Establishment Bylaw

Purpose: To hear from Brian Carruthers and Mayor Jon Lefebure regarding theproposed regional Watershed Service Establishment Bylaw.

4.2 Cowichan 2050 Regional Planning Project

Purpose: To hear from Bev Suderman regarding the Cowichan 2050 regionalplanning project.

5. PUBLIC MEETINGS AND HEARINGS

5.1 Bylaw 3682 - "Zoning Amendment Bylaw (No. 25 – Genoa Bay Road), 2017" 13 - 66

Purpose: To hear from the public and then consider whether to read a thirdtime and adopt Bylaw 3682 to increase the number of gatherings permitted on5881 Genoa Bay Road.

Recommendation:That Council read a third time "Zoning Amendment Bylaw (No. 25 – Genoa BayRoad), 2017", No. 3682.

Recommendation:That Council adopt "Zoning Amendment Bylaw (No. 25 – Genoa Bay Road),2017", No. 3682.

6. PUBLIC INPUT

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

7. BYLAWS

7.1 Bylaw 3676 - "Miscellaneous Bylaws Amendment Bylaw 2018" 67 - 72

Purpose: To introduce and recommend that Council give three readings toBylaw 3676.

Recommendation:That Council read a first, second and third time "Miscellaneous BylawsAmendment Bylaw 2018", No. 3676.

7.2 Bylaw 3687 - "Five-Year Financial Plan Bylaw, 2018" 73 - 77

Purpose: To adopt a new Financial Plan Bylaw, covering 2018 through 2022.

Recommendation:That Council adopt "Five-Year Financial Plan Bylaw, 2018", No. 3687.

7.3 Bylaw 3695 - “South End Sewer Local Area Service Enlargement Bylaw, 2018” 78 - 82

Purpose: To consider expanding the boundaries of the South End Sewer localarea service to include 6387 Green Road.

Recommendation:That Council read a first, second and third time “South End Sewer Local AreaService Enlargement Bylaw, 2018”, No. 3695.

8. REPORTS

8.1 Chemainus Festival of Murals Program 83 - 83

Purpose: To consider providing a letter in support of the Chemainus Festival ofMurals Society's Community Gaming grant application.

Recommendation:That Council authorize the Mayor to send a letter on behalf of Council insupport of the Chemainus Festival of Murals Society's Community GamingGrant application.

8.2 BC Games – Access to the Cowichan Aquatic Centre 84 - 85

Purpose: To consider allowing athletes and coaches of the 2018 BC SummerGames to access the Cowichan Aquatic Centre on July 22, 2018.

Recommendation:That Council support Option 3 to allow staff to offer free admission to theCowichan Aquatic Centre for BC Summer Games coaches and athletes, and toallow staff to schedule accordingly to meet anticipated demand.

8.3 Fees to Use Forestry Managed Lands 86 - 88

Purpose: To consider establishing fees to use forestry managed lands (asrecommended at the Parks and Recreation Advisory Committee on January 22,2018).

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Recommendation:That Council direct staff to draft a Fees Amendment Bylaw to include feesfor use of managed forest lands.

8.4 BC Senior Games 89 - 109

Purpose: To consider the January 22, 2018 Parks and Recreation AdvisoryCommittee's recommendation regarding the BC Seniors Games.

Recommendation:That Council refer the invitation to host the annual BC Senior Games to theCowichan Valley Regional District for its consideration.

8.5 Bike Share Program

Purpose: To consider the January 22, 2018 Parks and Recreation AdvisoryCommittee's recommendation that North Cowichan undertake a feasibilitystudy to establish a bike share program.

Recommendation:That Council direct staff to do a feasibility study to outline possible deliverymodels and options for a bike share program in North Cowichan south-endcommercial core and the City of Duncan.

9. NOTICE OF MOTIONS

10. REVIEW OF COMMITTEE MINUTES 110 - 111

Parks and Recreation Advisory Committee meeting held January 22, 2018.

11. NEW BUSINESS

12. QUESTION PERIOD

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

13. CLOSED SESSION

That Council close the meeting to the public on the basis of section (90) (1) (a)[appointments],(b) [municipal honour],(e) [land acquisition and disposition],and (i) [legal advice], of the Community Charter.

14. ADJOURNMENT

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Municipality of North Cowichan

Regular Council

MINUTES

January 17, 2018, 1:30 p.m.

Municipal Hall - Council Chambers

Members Present Mayor Jon Lefebure

Councillor Joyce Behnsen

Councillor Rob Douglas

Councillor Maeve Maguire

Councillor Al Siebring

Councillor Tom Walker

Members Absent Councillor Kate Marsh

Staff Present Ted Swabey, Chief Administrative Officer (CAO)

Mark Ruttan, Director of Corporate Services / Deputy CAO

Scott Mack, Director of Development Services

Mark Frame, Director of Financial Services

David Conway, Director of Engineering and Operations

Ernie Mansueti, Director of Parks, Recreation and Forestry

Sarah Nixon, Director of Human Resources

Kyle Young, Assistant Manager of Planning and Subdivision

Shaun Chadburn, Environmental Programs Coordinator

Tammy Isaachsen, Community Liaison

Chris Hutton, Development Planner

Morgan McLeod, Development Planner

1. CALL TO ORDER

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

acknowledged that the meeting was taking place within the traditional territory of the Coast

Salish people.


It was moved and seconded:

That Council approve the agenda as amended to add:

1. 10.1 Extreme Weather Shelter; and

2. 10.2 Library Open House.

CARRIED

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January 17, 2018 - Regular Council Minutes

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3. ADOPTION OF MINUTES


That Council adopt the following minutes:

1. December 18, 2017 Special Council meeting,

2. December 20, 2017 Committee of the Whole meeting,

3. December 20, 2017 Regular Council meeting, and

4. January 8, 2018 Special Council meeting.

CARRIED


4.1 Cowichan Local Health Area Profile

Council heard from Dr. Shannon Waters, new Medical Health Officer for this area,

regarding the Cowichan Local Health Area Profile. She noted the long term health

benefits of expenditures on early childhood programs. She also highlighted the health

care system burdens of mental health and substance abuse problems. She concluded by

urging Council to support development of a poverty reduction strategy and reducing the

stigma of mental health and substance use.

4.2 Cowichan 2018 BC Summer Games

Council heard from John Elzinga, Jen Woike and Mona Kaiser regarding plans for, and

numerous benefits of, the upcoming Cowichan 2018 BC Summer Games. The delegation

encouraged volunteers to help host the event and asked Council to consider upgrading

facilities in North Cowichan where needed.

5. PUBLIC HEARINGS

5.1 Bylaw 3680 - "Zoning Amendment Bylaw (No. 23 – Winget Place), 2017"

Public Hearing Report – Council commenced a public hearing at 2:09 p.m. to allow the

public to make representations to Council respecting proposed Bylaw 3680. Mayor

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

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

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

invited those in attendance to submit any last-minute correspondence. Nothing was

presented. The Director of Corporate Services noted the location of the public hearing

binder, invited the public to review it during the hearing and advised that prior to the

hearing no correspondence was received from the public in response to the public

hearing notice. Council then received a presentation regarding the proposal from

Development Planner Hutton. Council also heard from the owner, Jim Tyson, that the

dwelling will be a wheelchair accessible retirement home for himself, he spoke with the

neighbours about his plan, the dwelling is not visible from surrounding properties, and

the new home will be approximately 900 square feet in size.

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

Mayor Lefebure closed the public hearing at 2:21 p.m.

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That Council read a third time "Zoning Amendment Bylaw (No. 23 – Winget Place),

2017", No. 3680.

CARRIED

Councillor Douglas left the meeting at 2:23 p.m.

5.2 Bylaw 3681 - "Zoning Amendment Bylaw (No. 24 – Lakes Road), 2017"

Public Hearing Report – Council commenced another public hearing at 2:23 p.m. to allow

the public to make representations to Council respecting proposed Bylaw 3681. He then

invited those in attendance to submit any last-minute correspondence. No late

correspondence was presented. The Director of Corporate Services advised that prior to

the public hearing no correspondence was received from the public regarding the

application. Council then received a presentation regarding the proposal from the

Assistant Manager of Planning and Subdivision.

Councillor Douglas returned to the meeting at 2:26 p.m.




That Council read a third time "Zoning Amendment Bylaw (No. 24 – Lakes Road), 2017",

No. 3681.

CARRIED


That Council adopt "Zoning Amendment Bylaw (No. 24 – Lakes Road), 2017", No. 3681.

CARRIED

5.3 Bylaw 3684 - "Zoning Amendment Bylaw (No. 26 – Sayward Road), 2017"

Public Hearing Report – Council commenced another public hearing at 2:30 p.m. to allow

the public to make representations to Council respecting proposed Bylaw 3684. He then

invited those in attendance to submit any last-minute correspondence. No late

correspondence was presented. The Director of Corporate Services advised that prior to

the public hearing no correspondence was received from the public regarding the

application. Council then received a presentation regarding the proposal from the

Development Planner McLeod. Council also heard from Katherine Zimmer of 6141

Lakeview Drive who expressed concern she may lose her view and privacy. She also

expressed concern regarding the stability of soils on the subject property.




That Council read a third time "Zoning Amendment Bylaw (No. 26 – Sayward Road),

2017", No. 3684.

CARRIED

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6. PUBLIC INPUT

Council received no public input regarding agenda items from registered speakers.

7. BYLAWS

7.1 Bylaw 3679 - "Traffic Bylaw 1988 Amendment Bylaw", 2017


That Council adopt "Traffic Bylaw 1988 Amendment Bylaw", 2017, No. 3679.

CARRIED

7.2 Bylaw 3687 - "Five-Year Financial Plan Bylaw, 2018"


That Council read a first, second and third time "Five-Year Financial Plan Bylaw, 2018",

No. 3687.

CARRIED

7.3 Bylaw 3688 - "Zoning Amendment Bylaw (No. 2 - Cannabis Sales), 2018"


That Council read a first and second time "Zoning Amendment Bylaw (No. 2 - Cannabis

Sales), 2018", No. 3688.

CARRIED

8. REPORTS

8.1 Willow Street Affordable Housing Project


That Council authorize the submission of an application to the BC Rural Dividend

Program for the Cowichan Neighbourhood House Space Needs Assessment and support

the space needs assessment process.

CARRIED

8.2 Encroachment for Wayfinding Signage


That Council approve, and authorize the Mayor and Corporate Officer to sign, an

encroachment agreement with the City of Duncan allowing the City to install a

downtown gateway sign on Cowichan Lake Road near the Gibbins Road roundabout

informing travellers how to get to Duncan.

CARRIED

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8.3 Grant Request


That Council grant Social Planning Cowichan $15,000 from the community portion of the

Climate Action and Energy Plan Reserve Fund, for climate change education and

outreach (to be dispersed in June, 2018).

(Opposed: Behnsen; Siebring)

CARRIED

8.4 Carbon Offsets

Councillor Behnsen left the meeting at 3:07 p.m. and returned at 3:09 p.m.


That Council direct staff to budget for the purchase of carbon offsets on an annual basis

and continue to implement the Corporate Energy Program/Climate Action and Energy

Plan in order to work towards long term carbon neutrality.

(Opposed: All Council Members)

DEFEATED


That Council not budget to purchase carbon offsets for 2018 and rely solely on the

implementation of the corporate energy program portion of the Climate Action and

Energy Plan in order to work towards carbon neutrality.

PENDING

Amendment:


That Council amend the main motion to add the words "2017 and" between the words

"for" and "2018".

CARRIED

Amendment:


That Council amend the main motion to add "and allocate $25,000 towards the

corporate energy program".

(Opposed: Douglas; Maguire; Walker)

DEFEATED

Main Motion as Amended:


That Council not budget to purchase carbon offsets for 2017 and 2018 and rely solely on

the implementation of the corporate energy program portion of the Climate Action and

Energy Plan in order to work towards carbon neutrality.

CARRIED

8.5 Survey Results – Crofton Revitalization Projects


That Council receive, for information, the January 8, 2018 staff report regarding

revitalization projects completed in Crofton.

CARRIED

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8.6 Outdoor Odour Concerns

Council received a verbal update from Mayor Lefebure regarding odour concerns in

Chemainus. He noted that Coast Environmental enclosed its commercial composting

operations and continues to work on refining its process. Over time the number of odour

complaints has persisted. At times, some odour complaints appear to have been from

nearby farming. North Cowichan is cooperating with the Cowichan Valley Regional

District and the Provincial Government which has primary regulatory authority over

commercial composting facilities.


That Council authorize the Mayor to send a letter urging the Provincial Government to

include odour regulation in proposed changes to the Organic Matter Recycling

Regulation.

(Opposed: Maguire)

CARRIED

9. NOTICE OF MOTIONS

9.1 Respectful Workplace


Whereas Council has expressed the need to have a “Standards of Conduct” and “Oath of

Office” policy to affirm the behavioural standards and legislative requirements for

Council, Committee Members, and staff;

And Whereas the “Standards of Conduct” will require both elected officials and public

servants to conduct themselves in a manner which instills public trust and confidence,

and contribute to a respectful workplace and not bring the District of North Cowichan

into disrepute;

Now Therefore be it Resolved that Council direct staff to draft the following for Council’s

consideration:

1. A “Standards of Conduct” policy for Council and Committee Members which sets

behavioural expectations as representatives of the District of North Cowichan;

2. An “Oath of Office” policy to affirm the “Standards of Conduct” policy;

3. A "Standards of Conduct” policy for Municipal employees which sets behavioural

expectations for employees in the performance of their duties and as representatives

of the District of North Cowichan.

CARRIED

10. NEW BUSINESS

10.1 Extreme Weather Shelter

Council discussed a letter from the City of Duncan, dated January 17, 2018, regarding

funding for an extreme weather shelter.

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10.2 Library Open House

Councillor Walker informed Council that the Vancouver Island Regional Library Board has

scheduled an open house to receive public input on the proposed new Chemainus

library.

11. QUESTION PERIOD

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

12. CLOSED SESSION

Council closed the meeting to the public at 4:45 p.m. on the basis of section (90) (1) (a)

[committee appointment], (c) [employee relations] and (i) [legal advice] of the Community

Charter. Council rose and reported on the following:


That Council appoint Graham Burns to the Environmental Advisory Committee for a two-year

term.

CARRIED

13. ADJOURNMENT

The meeting ended at 8:30 p.m.

________________________________ _______________________________________

Signed by Mayor Certified by Corporate Officer

(Minutes certified “correct” and Public Hearing

report certified “fair and accurate”)

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Special Council

MINUTES

January 26, 2018, 2:30 p.m.

Municipal Hall - Council Chambers

Members Present Mayor Jon Lefebure

Councillor Joyce Behnsen

Councillor Rob Douglas (arrived 3:07 p.m.)

Councillor Maeve Maguire

Councillor Kate Marsh

Councillor Al Siebring (until 5:00 p.m.)

Councillor Tom Walker

Staff Present Ted Swabey, Chief Administrative Officer (CAO)

Mark Ruttan, Director of Corporate Services / Deputy CAO

Mark Frame, Director of Financial Services

David Conway, Director of Engineering and Operations

Ernie Mansueti, Director of Parks, Forestry and Recreation

1. CALL TO ORDER

There being a quorum present, Mayor Lefebure called the meeting to order at 2:30 p.m.



That Council approve the agenda as circulated.

CARRIED

3. PUBLIC INPUT

Council received no public input from registered speakers regarding items on the agenda.

4. BUSINESS

4.1 Elliott Street Sewer Lift Station


That Council accept the tender from Hazelwood Construction Services Inc. in the amount

of $1,019,227.29, plus GST, to construct the Elliott Street sanitary sewer lift station and

forcemain.

CARRIED

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January 26, 2018 - Special Council Minutes

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4.2 Cowichan Aquatic Centre – Opening on Family Day


That Council

1. authorize opening the Cowichan Aquatic Centre from noon to 4:00 p.m. on Monday,

February 12, 2018, for Family Day, and

2. direct staff to draft a bylaw to amend the Fees Bylaw to establish fees for special

events.

CARRIED

5. NEW BUSINESS

None.

6. QUESTION PERIOD

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

7. CLOSED SESSION

Council closed the meeting to the public at 2:42 p.m. on the basis of section (90) (1) (i) [legal

advice] of the Community Charter.

8. ADJOURNMENT


________________________________ ___________________________________

Signed by Mayor Certified by Corporate Officer

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Report

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

Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca

Date November 28, 2017 Prospero No. ZB000065

Folio No. 00039-000

File No. 3360-20 17.20 To Council

From Morgan McLeod, Planner Endorsed:

Subject Zoning Bylaw Amendment Application No. ZB000065 for 5881 Genoa Bay Road

Purpose

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

regarding a site-specific zoning bylaw amendment application to the Agricultural Zone (A1) to permit a

maximum of 30 gatherings for an event per year which includes the operation of a cookhouse and two

short-term rental accommodations.

Background

Property Details

The 34.13 ha (84.34 ac) subject property is located at 5881 Genoa Bay Road on the southern end

(130 m) of Bird’s Eye Cove Inlet. The property is bisected by Genoa Bay Road: a 2.9 ha (7.2 ac) portion of

land on the west of Genoa Bay Road and a 31.23 ha (77.14 ac) portion of land on the east of Genoa Bay

Road (see ATTACHMENTS 1 & 2). The subject property is part of a larger 121 ha (300 acres) Bird’s Eye

Cove Farm. The property is zoned Agricultural Zone (A1) and Rural Restricted Zone (A3) in the Zoning

Bylaw (ATTACHMENT 3) and only the east portion of land that is in the A1 Zone is within the

Agricultural Land Reserve (ALR). The Canada Land Inventory (CLI) Improved Soil Class Rating is a mix of

Class 2,3,4,5 and 7 (see ATTACHMENT 4):

Class 2 Soils in this class have moderate limitations that restrict the range of crops or require

moderate conservation practices.

Class 3 Soils in this class have moderately severe limitations that restrict the range of crops or require

special conservation practices.

Class 4 Soils in this class have severe limitations that restrict the range of crops or require special

conservation practices.

Class 5 Soils in this class have very severe limitations that restrict their capability in producing

perennial forage crops, and improvement practices are feasible.

Class 7 Soils in this class have no capacity for arable culture or permanent pasture.

The property contains a number of buildings and structures:

a principal residence

accessory residential structures

agricultural buildings and structures

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a multi-use building that is the main subject of this application (contains large interior space,

farm kitchen used for value added products, suite, washrooms, lunchroom and office)

a cooking shelter used for pizza nights and pig roasts for special events

additional dwelling unit used for ‘farm stay accommodation’

The remainder of the property contains fields, pasture, forested areas, driveways and watercourses. Site

photos are included as ATTACHMENT 5. Agricultural operations/production on the property includes

the following:

Hay production (16 ha) – 3,500 square bales and 300 wrapped haylage bales

Pasture (10 ha)

60 Highland Cattle

Berkshire Pigs – 5 sows, 60-100 wieners

90 laying hens – 2,000 dozen eggs

~200 meat birds (depending on demand)

Vegetable production

Orchard – apples, pears, plums, walnuts and cherries

300 lbs honey

Value-added products

Agri-tourism

Land Use Context

To the northwest of the property, there are rural residential properties fronting Genoa Bay Road and

Bird’s Eye Cove. Relatively large rural parcels surround the remainder of the subject property.

History

Date Action Item

July 20, 2010 A Building Permit was issued for the construction of an ‘agricultural building /

barn’ (i.e. the multi-purpose building shown in the site photos).

January 31, 2012 The ‘agricultural building / barn’ was granted occupancy by the Municipality.

June 24, 2013 The Municipality sent a letter to the property owner indicating that an ALC

Non-Farm Use application is required (i.e. for commercial weddings, pizza

nights and other special events). The letter also noted concerns that had been

raised by the public.

September 13, 2013 The Municipality sent a second letter to the owner to reiterate that an ALC

Non-Farm Use application is required.

July 29, 2015 The Municipality sent a letter to the owner to advise that the multi-purpose

building that was supposed to be an ‘agricultural building / barn’ was being

used for assembly uses which have different requirements under the B.C.

Building Code. The letter also noted that two other buildings on the property

had been constructed without Building Permits (cooking shelter and farm stay

accommodation). The letter detailed the steps necessary to achieve

compliance with Municipal bylaws.

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September 2, 2015 Since the issues noted in the July 29, 2015 letter had not been resolved,

Council directed Staff to file a Notice on Title for the non-compliance issues

with respect to the Building Bylaw and the B.C. Building Code.

September 8, 2015 A letter was sent from the ALC to the owner stating that an ALC Non-Farm Use

application is required.

January 15, 2016 A complete ALC Non-Farm Use application was received and opened.

April 20, 2016 Council authorized permission for an application for non-farm use of 5881

Genoa Bay Road and direct staff to forward the application to the Agricultural

Land Commission for its decision.

December 21, 2016 ALC issued Reasons of Decisions for the ALC Non-Farm Use application to

permit 30 gatherings for an event, including the Cookhouse and the use of

two short-term accommodations.

September 28, 2017 As a result of a request by the owner/applicant, the ALC reconsidered

Application 54571 and found it did not meet the requirements for

reconsideration pursuant to s. 33(1) of the ALC Act denying any increase

beyond the permitted 30 events per year. A new application with new

evidence and information would be required.

Proposal

The applicant is requesting Council’s approval to continue using the property for the following non-

farm uses, see Rationale Letter in ATTACHMENT 6:

1) Commercial weddings (May to September, off season October to April)

2) Outdoor restaurant use (seasonal: June to September 4) – pizza nights

3) Other assembly uses for special events (e.g. Vintage Market, Easter Family Day, Christmas Party)

4) 2 additional temporary, short term dwelling units (suite in multi-purpose building and farm stay

accommodation)

Agricultural Land Commission and Reserve

On June 15, 2016, the applicant obtained support from Council to authorize the submission of their

application to ALC, to continue using the property for commercial weddings (seasonal) and special

events (e.g. reunions), which are considered non-farm uses. Since the property is in the ALR, and the

proposed uses are non-agricultural/farming, an ALC Non-Farm Use application is required under

Section 29 of the ALR Use, Subdivision and Procedure Regulation of the ALC Act.

On December 2016, the ALC refused the application as proposed and made a decision to support up to

30 gatherings for an event. The ALC Panel was of the opinion that the current level agricultural activity

on the subject property is sufficient to justify the proposed non-farm uses, see ATTACHMENT 7.

The Agricultural Land Commission (ALC) requested that the Municipality advise the Commission on the

maximum number of events per year that are approved by Council. In order for the Municipality to

allow the specific conditions of use, a site-specific zoning bylaw amendment is required. The text

amendment in the A1 zone would be included as a Condition of Use.

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The ALC has approved the following non-farm uses on the property:

1) A maximum of 30 gatherings for an event per year or lower maximum as otherwise determined

by the Municipality.

2) Operation of a cookhouse; and

3) Use of two short-term accommodations in relation to the approved gatherings for an event.

The proposed maximum of 30 gatherings for an event is a substantial reduction from the previous year

of operation at Bird’s Eye Cove Farm. Typically there are 25 weddings, 36 pizza events and

approximately 15 other events on the farm annually, for a total of approximately 76 events per year.

The applicant applied to the ALC for a Reconsideration Request on September 28, 2017 and the

Committee found it did not meet the requirements for reconsideration pursuant to s. 33(1) [providing

new evidence or establishing error or false information], of the ALC Act denying any increase beyond

the permitted 30 events per year, see ATTACHMENT 8.

ALC Policy L-22 details the parameters for gatherings for an event pursuant to the Agricultural Land

Commission Act (ATTACHMENT 9).

Zoning Bylaw

The A1 zoning of the property does not permit commercial weddings or other special events, nor are

pizza nights permitted, which is a form of restaurant use. Furthermore, the maximum number of

residential buildings (i.e. containing dwelling or sleeping unit) is one. There are currently three dwelling

units (principal residence, suite in multi-purpose building and farm stay accommodation). Since the

property is in the ALR, the A1 zone permits additional dwelling units for farm labour subject to ALC

approval. The applicant has decided to apply for a Site Specific Amendment to permit the above

proposed uses in the A1 zone.

The draft zoning amendment bylaw is included as ATTACHMENT 10 and amends the A1 zone by adding

the following text:

Section 51 (8) [Agricultural (A1) Zone, Conditions of Use] is amended by

(f) adding the following paragraph “A maximum of 30 gatherings for an event with up to 150

attendees are permitted at 5881 Genoa Bay Road. The operation of the Cookhouse and use of

two short-term accommodations is permitted, in relation to the gatherings for events.

Building Permit

The Building Division is in communication with the owner and the owner’s architect to ensure that the

multi-purpose building achieves compliance with the Building Bylaw and B.C. Building Code for a

building accommodating assembly uses.

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Discussion

Official Community Plan

The OCP contains the following key policies which relate to this application:

Policy 2.1.1.2 – The Municipality will protect Agricultural Land Reserve (ALR) and other agricultural

lands from inappropriate development.

(a) The Municipality recognizes the authority and jurisdiction of the Agricultural Land Commission

(ALC) over lands within the ALR; will comply with the BC Farm Practices Protection (Right to Farm)

legislation; and commits to working with the ALC on agricultural planning, policy and enforcement

issues and on dealing with applications for land use change within the ALR.

(b) The Municipality does not generally support exclusion of agricultural lands from the ALR and

subdivision of ALR lands (including homesite severances) unless there is no net loss of ALR lands,

and a net benefit to agriculture can be clearly demonstrated.

(c) The Municipality will require all ALC applications for exclusions, subdivision and non-farm use to

show documentation (e.g., soil suitability analysis results, environmental farm management plan) to

indicate why the application is necessary or appropriate.)

(d) Where upzoning, non-farm use, subdivision or exclusion from the ALR has been approved and

results in significant benefit accruing to the landowner, the Municipality will require the landowner

to contribute to a municipal reserve fund, to be used for the benefit of agriculture.

(e) The Municipality will not support unauthorized use of ALR land for non-farm purposes. Where ALR

lands have been damaged and cannot be restored for agriculture, the Municipality will seek a

penalty that is based on the extent of the damage or contravention. Proceeds from these penalties

will be deposited into the municipal reserve fund for the benefit of agriculture.

(f) To protect the integrity of farmland and minimize the footprint of housing and farm buildings on

agricultural lands, the Municipality will encourage innovations in the layout of new on-farm

buildings (residential, accessory, and principal farm buildings).

Policy 2.1.1.6 – The Municipality will work to remove barriers to economic viability for farmers by

supporting direct marketing opportunities, innovations in agricultural product development, and the

development of food processing and/or storage at a commercial scale.

The applicant has been able to demonstrate that the proposed land uses provide a benefit to

agriculture through innovative product marketing and production of value-added items. The applicant

has established a link between the commercial weddings, pizza nights, other special events, the farm

stay accommodation and the viability and diversification of farming operations.

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The proposed uses have been sited on land with poor soils – Class 7 – which is essentially non-arable.

The multi-purpose building and cooking shelter are sited on a bedrock outcropping, as shown in the

site photos. By siting the subject buildings on non-arable land, the potential impact to agriculture has

been minimised.

Strategic Agricultural Plan

The Municipality’s Strategic Agricultural Plan (2001) provides the following policy direction:

“Allow only one house on lots of 4 hectares or less, and require houses to be located near the frontage of

the lot rather than in the middle of the lot (“home base” concept). A second home for farm purposes (e.g.

joint farm ownership, farm labour) should be allowed on lots larger than 4 ha”

Since the property is greater than 4 ha, a second dwelling unit for farm labour (suite in multi-purpose

building) is supported by the SAP, and is also warranted based on the scale of the agricultural

operation. The farm stay accommodation may meet the ALC’s policies concerning agri-tourism

accommodation.

“Allow on farm diversification, both agriculturally related as well as other uses that support household

income” (Goal 1, Objective 2.4)

The applicant has established a connection between the proposed uses and the agricultural use of the

property. This proposal supports farm diversification.

“Ensure Municipal and provincial regulations facilitate farm-stay accommodations” (Goal 2, Objective 4.5)

Ministry of Agriculture

The application was referred to the Ministry of Agriculture (MoA) for comment on January 25, 2016.

The MoA is supportive of the application.

Noise Management and Hour of Operation

At the December 20th, 2017 Council Meeting, Council directed staff to confirm with the applicant the

intended hours of operation and proposed noise management plans during events. The applicant has

provided a supplementary letter addressing proposed noise management and hours of operation

(ATTACHMENT 10).

Communications and Engagement

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

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

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

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

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

18



Options

Option 1: (Recommended) Council could choose to support the ALC Decision File 54571 and

approve the first and second reading for Zoning Amendment Bylaw, which would allow

for 30 gatherings for an event, including the operation of a cookhouse and the use of

two short-term accommodations in relation to the events.

Option 2: Council could choose to support the ALC Decision File 54571 and the application to

rezone the subject property, but recommend a different number of event gatherings,

not exceeding the ALC’s approval.

Option 3: Council could choose not to support the ALC Decision File 54571 and the application to

rezone the subject property. If the application is not supported by Council, the

permitted uses on the property would be limited to the provisions of the A1 Zone and

the ALC’s default permitted use of 10 special events per year.

Implications

Amending the A1 zone to permit a site specific condition of use for a maximum of 30 special events per

year would not result in an excessive increase of commercial activity on the property, as this would be a

reduction in events compared to what were previously conducted in the past (approx. 76 events per

year). The applicant has expressed that a maximum of 30 gathering events would allow her agricultural

business to be profitable versus only 10 event gatherings. Adoption of the zoning amendment bylaw

would align the wording of the regulation with the intent of the ALC Decision File 54571 and provide

greater certainty on the permitted uses for the subject property.

Staff is supportive of the application, as the proposal is consistent with the Official Community Plan and

ALC’s Decision File 54571. There are no financial, personnel, environmental or social implications of the

recommended option.

Recommendation

That Council read a first and second time Zoning Amendment Bylaw (No. 25 – Genoa Bay Road), 2017,

No. 3682.

Attachment(s):

1. Location Plan

2. Orthophoto

3. Zoning Map

4. Improved Soil Class Map

5. Site Photos

6. Letter of Rationale

7. Decision letter ALC File 54571

8. ALC Resolution 440/2016

9. ALC Policy L-22

10. Noise Management & Hours of Operation

11. Bylaw No. 3682

19

q

LOCATION MAP DATE: February 5, 2016

5881 Genoa Bay Road

TYPE: ALR Non-Farm Use

FILE #: ALR00008

SCALE: 1:15,000

ATTACHMENT #120

q

ORTHOPHOTO (June 2015) DATE: February 5, 2016

5881 Genoa Bay Road


FILE #: ALR00008

SCALE: NTS

Multi-Purpose Building

Cooking Shelter

Farm Stay Accommodation

ATTACHMENT #221

q

ZONING MAP DATE: February 5, 2016

5881 Genoa Bay Road


FILE #: ALR00008

SCALE: 1:15,000

ATTACHMENT #322

q

Improved Soil Class Rating DATE: February 5, 2016

5881 Genoa Bay Road


FILE #: ALR00008

SCALE: 1:6,000

ATTACHMENT #423

ATTACHMENT #524

Cooking Shelter

25

Bedrock


Bedrock


26

Inside Multi-

Purpose Building

Inside Multi-

Purpose Building

27

Farm Kitchen in Multi-Purpose Building – Value-Added Products

Suite in Multi-Purpose Building

28

‘Gypsy Wagon’ – Farm Gate Sales

Farm Stay Accommodation

29

Application for Non-Farm Use

Bird’s Eye Cove Farm

ATTACHMENT #630

2

Application for Non-Farm Use


Index

Pg 3 Cover Letter

Pg 6 The Cowichan Food Charter – how our proposal is a part of this Vision

Pg 7 Cowichan Strategic Agricultural Plan – how this application fits

Pg 8 North Cowichan Official Community Plan – how the application is compliant

Pg 10 Agricultural Land Commission Considerations – our response

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3

Non-Farm Use Application: Bird’s Eye Cove Farm

I have been asked by the Municipality of North Cowichan and the Agricultural Land Commission (ALC) to

submit an application for non-farm use to the ALC for certain activities occurring on our farm. I

respectfully submit this application for your consideration.

Originally settled in the late 1850’s, Bird’s Eye Cove Farm is one of the oldest farms in the Cowichan

Valley, let alone the province. I am privileged to say that the farm has been in my family since 1978,

which is when my parents arrived. It was passed on to me in 2000 and it is my intention to pass down a

vibrant, viable farm to my children, all of whom currently have an active part in its management. My

family has worked hard to nurture and keep this farm and I strongly believe that I am truly working

within the letter and spirit of the ALC/ALR. I believe in the ALR and viable agricultural operations. It is

very important to me to keep the farm intact. Our fertile land supports our animals and us. We are a

hard working farm of over 300 acres, on which thrives our 60 head herd of registered Highland Cattle, a

breeding herd of Berkshire pigs, laying hens, meat birds and vegetables. We add good value to our

products in our new barn processing facility and sell them through farm gate sales. We provide high

quality hay to neighbouring farmers for their cattle, horses, sheep and other livestock. We open our

farm to the community. Agriculture has always been, currently is, and always will be the primary focus

and activity of the farm.

In 2011, I built a new barn to replace an important one that was lost in a windstorm in 2003.

Approximately the same footprint as the old barn, I ensured to locate the new barn on non-arable land,

in fact, it is on solid bedrock. There has been no loss of arable land as a result. I tried to think of every

possible use for this new barn and the future in agriculture for the farm and my family. I had the

municipal and ALR legislation and guidance in one hand, with my ideas in the other. The barn was

intentionally built, and is currently being used year-round, for farm product preparation, storage of farm

products, processing and packaging. There also is a retail area for our products. The barn included

washrooms, a lunchroom and showers for farm workers with an office for administration. It was also

built for storage of farm equipment. The well that I drilled for the new building has a flow rate of over

200 gpm, more than enough for the building and any future irrigation projects.

The kitchen in the barn is health inspected, so we can make and sell products from the farm. Some of

these value-added products are meat pies, chili, meat loaves and preserves such as jams, jellies and

pickled beets. We were told a few years ago that we could not sell products at the local Farmers

Markets unless it was processed in a health inspected kitchen so that’s what we did in the barn.

In order to help the viability of the farm including marketing our products, we later decided to explore

seasonal Agri-tourism activities and events. As it is the most critical part of our marketing plan to

increase sales of our farm products, it is very important to us to ensure that these activities use,

promote and market farm products grown, raised and processed on our farm. We had approached the

ALC and in an e-mail of October of 2013, we thought that we had their concurrence with our activities.

Some of the Agri-tourism activities that we have are hay-rides and farm tours. Many of these take place

on our pizza nights. Our pizza nights, only in the summer months, have become quite a community

agricultural event. Now finished for the year, our twice a week pizza nights are like a big family country

picnic. People bring blankets and spread out on our grass. Pizzas are one of our value-added farm

products. The toppings for the pizzas come from the farm (Highland Beef, Berkshire Pork, chicken,

32

4

herbs, tomatoes, etc). These nights bring the community for the farm experience and they love it! Our

farm store is open during this time and we sell other farm products.

At Easter we host a community farm day, inviting neighbouring farms, the 4-H, have face painting, farm

tours, farm animal petting area, horse cart rides, Easter Egg hunts, etc. The local families love this! Some

of the children have very little contact with farms or farm animals. In addition to farm tours, we

promote our farm produce. With the support of the Cowichan Agricultural Society, we are not only

promoting local farms and agriculture but are trying to create a market to bring people here and hope

that they will support our farm store.

We do have other special events that always have agriculture and our farming as a focus. At these

events the value-added food presented comes from our farm and when needed from other farms in the

Cowichan Valley. Every step that we take is to promote our farm products and local agriculture. Special

events are both private and public. Every one of these special events, including pig roasts (with our very

own Berkshire pork) and weddings (our ‘long table’ feasts), has as their main focus, the farm and

agriculture. At all weddings the focus is a farm tour, a hay ride offered, farm food and farm promotion.

The food is provided by the farm and we always use our farm products (Highland Beef, Pork, poultry,

eggs, herbs, veggies, etc). The primary focus is always agricultural! I am so proud to say that this is true

farm to table. This is truly an agricultural ‘Long Table’ event first! I’m not running a wedding business as

a primary focus. This season we hosted 12 weddings. That is only 3% of our year! People come to feast

as part of the celebration. These events are feasts of our fields!! We were able to put on the table about

400 lbs of beef, 380 lbs of pork and 100 lbs of poultry. In addition, this season our pizzas have used 500

lbs of our pork pepperoni and pulled pork! That is almost three-quarters of a ton of our protein alone!

Add to that our eggs and garden produce! Our farm store value of this protein would be close to

$15,000! Because we are able to add further value to it, we are able to generate quite a bit more! This is

money and value that we never had before. The events have really paid off in increased farm sales and

agriculture awareness. We are a model of how agriculture is evolving. I believe so strongly that what I

am doing is true agriculture.

Of course, bringing all these people to the farm has really raised our profile and demand for our

products. People come first for our farm food. They can see that what they are eating came from the

land that they are standing on. That is what people want for their choice of food. We cannot keep up

with the demand for all of our products. Last year we had about 1800 dozen eggs from our 90 hens. We

had no problem selling them all when we raised our prices. Sales of our beef and pork continue to

strengthen. We won first prize for our honey this year at the Cowichan Exhibition. We have created a

profile and a market. People are now demanding our products. For most farmers, marketing is the

hardest part of sales. Our income from our primary farm activities has more than doubled since I rebuilt

my barn, as a direct result of all of our activities and events. Sales and our viability continues to increase.

There was a question raised by the ALC as to whether some of our activities were ‘commercial

assembly’, and what is the benefit to agriculture. Without question, there has been a net benefit to

agriculture. Our sales speak for themselves as they have more than doubled since the barn was built and

our marketing has been focussed on this. There has been an increased awareness of agriculture as every

event promotes agriculture.

The primary activity on this farm is agriculture including the marketing of our farm products. My biggest

concern is for the future of my farm as well as other farms. We must have innovation or the next

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5

generation will not survive on the farm. The ALC must recognize this as well. My farm should be

recognized as a model for doing it right under the rules of the ALC.

We belong to the farming community. Besides working with other farms, we are also active members of

the Canadian Highland Cattle Society, the Cowichan Agricultural Society, the Cowichan Green

Community, the Duncan-Cowichan Chamber of Commerce, the Maple Bay Community Association and

the Cowichan Valley Beekeepers Club. I would like to think that we have support from all of these

groups.

Some of our Maple Bay neighbours tell us that our farm is more than just part of the community, it has

made the community. With all that we do on the farm, we are doing more to promote agriculture in the

Cowichan Valley than the average farm. Our agri-tourism activities, including the events, are accessory,

temporary and seasonal. Their focus is to promote and market products raised on the farm. These

events take place outside and in structures that are used by us, during the entire year, for processing

our farm products and retailing them.

As an added benefit to our community, many of our long-table events are destination weddings. This

brings people and tourist dollars to the Cowichan Valley that would not otherwise come here. As a

result, most guests stay at local hotels and B&B’s. We have the support of the local business community.

The economic spin-offs are great for valley hotels, B&Bs and restaurants. There has been a direct net

benefit to agriculture both on the farm and in the community as a result of our ‘commercial assembly’

activities. Before the Barn there was a moderately marginal farm operation. The events have given us a

new vibrant farming life and hope for the future.

We have recently won another award and we are associated with a photography award of excellence.

The important award for us and the Valley was that we were voted the most beautiful outdoor venue on

Vancouver Island. That is our farm and community that was showcased! The other was a photograph,

featuring our farm, which was judged to be the best couple’s photo on Vancouver Island. The couple

featured in the photo are from a local dairy farming family. The connection to the land and agriculture in

the photo cannot be put better. Both of these awards celebrate the farm and agriculture! What more

can one ask for to promote local agriculture and the Cowichan Valley?

We also have two seasonal accommodations for farm-stays that we would like acknowledged. One is a

small mobile cabin (179 sq ft) located on a rock outcrop and another is a small unit within the Barn. Both

of these contribute to the viability of my operation and both benefit the agricultural aspect of the farm.

Every person who has stayed here has bought our products. Again, a direct benefit to increasing sales of

our farm produce.

We are very anxious to be in compliance with the municipality’s building codes and zoning. I believe that

I do have the support of the municipal council and staff for what I am doing. We are working closely with

municipal staff to ensure that everything is proper and up to code.

Respectfully submitted,

Heather Skoretz Bird’s Eye Cove Farm Ltd

34

6

The Cowichan Food Charter

The Cowichan Food Charter is of particular importance to us and the intent of our

application. The Vision is shared by us:

“Our food system will be economically viable and ecologically sustainable; … A

thriving local food culture that celebrates eating locally and eating together…

connected to the land, to growers and to each other.”

The words to describe our application for non-farm use for commercial assembly

events could not have been chosen any better. This is the celebration that our

farm shares with our community, with every single person that comes to the

farm. In return, the benefits to local agriculture are high.

35

7

Cowichan

Strategic Agricultural Plan

This application is in keeping with the goals and objectives of the Strategic

Agricultural Plan.

Goal 1: Improve the Planning Framework for Agriculture

Objective 2 – Provide more opportunities – allow on-farm diversification both

agriculturally related and other uses that support household income. This

proposal helps to diversify the farm, at the same time keeping the activity

agriculture related and integral to the farm operations. It helps with the

household income which adds to the farm viability.

Goal 2: Support and Enhance Small Farm Sector. This proposal is in keeping with

this goal.

Goal 3: Expand Local Marketing Opportunities – one of the greatest challenges

that we face is effective marketing. All of our primary and value added products

are sold through our farm-gate sales. Agri-tourism is identified in the SAP as

offering significant potential for the agricultural sector. Agri-tourism has

diversified our farm operation and has dramatically increased sales of our primary

products.

Objective 4: Ensure that municipal and provincial regulations facilitate farm-stay

accommodations. Our farm stay accommodations promote the farm and use our

farm products. They are a logical addition to the marketing of our farm and

products.

Goal 4: Improve Communications with the Community; Objective 1: Increase

Awareness of Agriculture: every event that we do is an agricultural event, all of

our events use our value-added food. We have Easter Family Farm Day where we

invite neighbouring farms for farm promotion. Farm tours are offered at every

event.

36

8

North Cowichan Official Community Plan

This application for non-farm use is supported by and is compliant with the

following sections of the Official Community Plan (OCP).

1.4.14 Food Security – this proposal facilitates greater local food production

which promotes greater food self-sufficiency and adds to food security for North

Cowichan.

2.1 Preserve our Rural Setting – this application enhances and celebrates our rural

setting. People are brought into the natural farm experience.

2.1.1 Agriculture – this proposal will help strengthen the agricultural sector in

North Cowichan to be economically, socially and environmentally healthy.

Increased sales of primary and value-added products as a result of this proposal

will benefit associated farms and businesses. The implementation of our

Environmental Farm Plan ensures that all activities on the farm are

environmentally sound. Promotion of the importance of local agriculture is part of

every aspect of this application.

2.1.1.2 – Protection of the ALR

b) there is no exclusion or subdivision of ALR land

c) the proposed use is necessary to increase sales of primary and value-added

farm products. It is appropriate to be located where it is because the soils are

mainly class 7 (soils have no capacity for arable culture or permanent pasture)

due to presence of consolidated bedrock, with some class 6 soils (minimal

capacity).

f) to protect the integrity of the farmland, the footprint of all new buildings (barn,

cook shed and farm-stay cabin) have been placed on non-arable land (ie,

bedrock).

2.1.1.6 – Marketing and Processing – the OCP supports direct marketing

opportunities, innovations in agricultural product development and development

37

9

of food processing and storage. The Barn is an integral part of processing and

marketing our products.

2.1.1.7 – the OCP permits home based businesses where it is necessary to

generate income in support of the primary agricultural activity. Although we

believe that many activities in this proposal are an important part of our

agricultural operation, it should be noted that this part of the OCP allows non-

farm activities. The commercial assembly and our seasonal farm-stay

accommodations will be an important part of adding to the farm experience of

our visitors and will add to the farm viability.

2.1.1.8 – Promote the Importance of Local Agriculture – that is what our proposal

is all about. Every single event is an agricultural promotion event. Farm tours,

hayrides, our own farm food are offered at all times. These events have proven to

boost our farm sales and increase the profile of local agriculture. At our events,

we have incorporated the participation of neighbouring farms. The farms that we

partner with include but are not limited to the following: Maple Bay Farm, Genoa

Bay Farm, Code’s Corner Farm, The Happy Goat, Cherry Point Fold and others.

This is in addition to the some 60 smaller farms that we have a relationship in our

hay marketing.

38

10

Agricultural Land Commission Considerations – Non-Farm Use Application – Bird’s Eye Cove Farm 2015

The following is a sample of common questions that the ALC may consider when reviewing an

application. As an administrative tribunal, the ALC can consider a wide variety of information as part of

its decision making. These are my responses.

1. How long has the applicant owned the parcel?

Answer: Bird’s Eye Cove Farm was purchased by my Father in 1978, I have had

ownership since 2000. I am the second generation owner and I am determined on

ensuring that my children inherit a viable farm operation;

2. Parcel Information: Is the parcel currently used for agriculture?

Answer: The parcel is being used for agriculture. Not the entire parcel is capable to be

used for growing crops or pasture. The specific area that the proposal covers has not

been used for agriculture as it is a bedrock outcrop, that is, Class 7 and 6 soils. The

remaining +/- 90 acres of the parcel is currently being used as follows: 40 acres in

improved hay-land; 25 acres in improved pasture; 5 acres for my residence, farm

buildings, corrals, gardens, etc; 10 acres as forested and steep, unusable; 7 acres in

riparian reserve along ditch-lines, swamps, creeks and oceanfront; and 3 acres in

unusable rock outcrop.

3. Is the parcel suitable for agriculture?

Answer: The application area in particular, within the parcel, is not suitable for

agriculture as it is a bedrock outcrop with class 7 and 6 soils; the remaining +/- 90 acres

of the parcel has been itemized as above. I believe that all parts of the parcel that can

be used for agriculture are being fully utilized given the constraints.

4. Does the parcel have farm classification?

Answer: The parcel has farm classification; There is a viable hay-crop produced on the

40 acres and the building is used for processing and marketing farm produce, retailing

product, etc; it is an integral part of all of the parcels that make up Bird’s Eye Cove Farm;

5. What is the Agricultural Capability?

Answer: The agriculture capability of the area under application is nil or very low.

6. Have been there attempts at agricultural improvements?

Answer: no, there have been no attempts as the soils are class 7 and 6 within the area of

interest;

39

11

7. What types of land surround the parcel?

Answer: The parcel is almost totally surrounded by our own agricultural farm land.

There are no adverse effects on agriculture, rather, it enhances productivity of the farm

with the marketing initiatives provided;

8. Proposal Information:

The proposal enhances our agricultural business by innovative marketing of our farm

products;

9. The activities cannot be accommodated on non-ALR land;

Answer: True, as there is no opportunity on the non-ALR land due to no clearings and no

infrastructure.

10. Will the proposal remove currently unused agricultural land?

Answer: No.

11. Will the proposal encourage parcelization?

Answer: No.

12. Has the parcel been identified as an important use?

Answer: No.

13. Local Gov’t, OCPs and Bylaws

A1 zoning, some uses may be compatible; a Temporary Use Permit will be applied for

others; and

14. Recommendation from the Agriculture Advisory Committee? Planning Staff?

Answer: To be determined.

Heather Skoretz


40

ATTACHMENT 7

41

ATTACHMENT 8

59

ATTACHMENT 9

61

ATTACHMENT 10

Bird’s Eye Cove Farm December 18, 2017 Plan for Noise Management, Bylaw Amendment Application

It is very important to us to ensure that our neighbours continue to enjoy the country atmosphere that we all have come to appreciate in our Maple Bay community. As an added incentive for us, it is that very atmosphere that our clients are seeking. To that end, we work very hard to maintain the beauty of our community and be a valuable, integral part of our community. We do not want to have noise issues with our neighbours.

Our nearest neighbour from the Barn is about 400 metres away. We have perhaps a dozen neighbours that live within a kilometre. Our most dominant neighbour is the Municipal Forest Reserve – of the 300+ acres of the farm, the Forest Reserve shares more than three sides of our farm, or between 4 and 5 kilometres of common boundary. We are relatively isolated.

It is very important for us to maintain communication with all of our resident neighbours. We like to think that we continue and maintain our communications. We do this with phone calls, direct conversations and other communications such as e-mail. We hope that our neighbours feel comfortable enough to contact us directly on any issue and at any time. We have personal representation on the Maple Bay Community Association executive. This is a very important forum for awareness and discussion of community concerns.

Many of our events take place in the early to midafternoon, so there tends not to be issues with noise. For those events that may go into the evening, we are strict with noise issues. As a result of our neighbourly dialogues, we have implemented the following noise management regimes:

Over the many years that we have been hosting events, both private and otherwise, wehave realized that the most noise disruptive activity to our neighbours is camping. We havefound it somewhat difficult to manage some campers’ noise. As a result of this, WE DO NOTALLOW CAMPING in conjunction with any event. This is signally our most important noisemitigation strategy. To say the least, this strategy is quite effective. This is a prime exampleof how communication with neighbours changed our way of doing things, for the better.

We keep our doors and skylights closed after 10:00 pm. Any limos and buses are scheduledto leave at midnight.

We have moved our ‘smoking area’ from the front to the back of the Barn. This eliminatesany loud conversations from carrying down over our hayfields to Bird’s Eye Cove itself.

We are considering writing into our contracts with brides that they are responsible for anynoise by-law infractions and attendant fines. This will give added incentive for our clients totake care with any noise issues.

We are not aware of any recent noise complaints so we hope that this is a reflection thatour noise management is working.

If there are concerns with lights, our lighting complies with the Maple Bay Community Planstandards as our outside light fixtures focus the light downward wherever possible.

65

The Corporation of the District of North Cowichan

Zoning Amendment Bylaw (No. 25 – Genoa Bay Road), 2017

Bylaw 3682

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

1 Section 51 (8) [agricultural (A1) zone conditions of use] of “Zoning Bylaw 1997”, No. 2950, is amended by adding the following paragraph:

(f) A maximum of 30 gatherings for an event with up to 150 attendees, including the use of a cookhouse and two short-term accommodations for the events, are permitted per year on 5881 Genoa Bay Road.

_______________________ READ a first time on December 20, 2017 READ a second time on December 20, 2017 CONSIDERED at a Public Hearing on February 7, 2018 READ a third time on ADOPTED on CORPORATE OFFICER PRESIDING MEMBER

66

Report



Date January 10, 2018 File: 3900-20 MISC

To Council

From Alyssa Meiner, Deputy Director of Corporate Services Endorsed:

Subject Proposed Bylaw 3676, “Miscellaneous Bylaws Amendment Bylaw, 2018”

Purpose

The purpose of this report is to introduce the provisions of Bylaw 3676, “Miscellaneous Bylaws

Amendment Bylaw, 2018” and recommend that Council give three readings to Bylaw 3676.

Background

A list of amendments to North Cowichan’s bylaws requested by Council, required as housekeeping

changes, or needed to meet statutory requirements, has been compiled by staff throughout the past

year and is included in the proposed Bylaw 3676.

Discussion

Bylaw 3676 includes the following recommended changes to North Cowichan Bylaws, listed in

alphabetical order by bylaw title:

1. Council Procedure Bylaw

Changes the date of inaugural meetings now that elections are held every 4 years in

October rather than November.

Clarifies requirements around notices of special meetings.

2. Delegation of Authority Bylaw

Removes the unused title of Manager of Planning and Sustainability from the Bylaw and

Updates the Director of Parks, Forestry, and Recreation’s new title.

Delegates power to the Director of Parks & Recreation to enter into

o health promotion and rehabilitation service agreements (requested by Council on

July 19, 2017, after approving an agreement with Island Health for North

Cowichan to run the Take Heart and Breathe Well Program), and

o rental agreements for parks, facilities and municipal reserve lands.

Clarifies that the CAO can set policies and procedures for the purchase of budgeted

goods and services up to $500,000, and execution of related agreements.

Delegates power to the CAO to consent to requests from telecommunications

companies to add equipment to towers on Municipal land (as requested by Council on

March 1, 2017).

67



Delegates the duty to the Director of development Services to respond to referrals from

the Liquor Control and Licensing Branch to comment on applications to increase the

seating capacity of licensed outdoor picnic areas (requested on March 1, 2017, after

Council endorsed a change to Averill Creek Vineyard’s liquor licence).

Clarifies that the CAO has authority to approve and execute short-term licences of

occupation, and delegates power to the Director of Engineering and Operations to issue

special event permits, as special events often involve use of roads.

3. Fees Bylaw

Removes the Mural Royalty Fee, as requested by Council March 15, 2017, when the

Mural Royalty Agreement was approved.

Adds a new reduced rate for special event admissions at Cowichan Aquatic Centre and

Fuller Lake Arena, as requested by Council January 26, 2018.

4. Fire Protection Bylaw

Removes obsolete provisions (following adoption of the Fire Protection Amendment

Bylaw) and ensures air curtain burners are used in accordance with the bylaw.

5. Municipal Ticket Information System Bylaw

Corrects bylaw and Director of Parks, Forestry and Recreation titles.

Reduces a fine to comply with the maximum fine permitted by BC Reg. 425/2003.

Removes reference to repealed Park Regulation Bylaw and adds ticketing provisions for

the Parks and Public Places Regulation Bylaw.

6. Parks and Public Places Regulation Bylaw, 2017

Removes the year 2017 from the regulatory bylaw’s title to comply with standard naming

practices for regulatory bylaw titles.

Updates the Director of Parks, Forestry and Recreation’s new title.

7. South End Sewer Local Area Service Enlargement Bylaw, 2016

Corrects a bylaw reference in the Bylaw’s preamble.

8. Waterworks Bylaw

Clarifies that residential and commercial users are charged unpaid current water charges

at the same rate and 45 days after each billing period.

Recommendation

That Council read a first, second and third time “Miscellaneous Bylaws Amendment Bylaw, 2018”,

No.3676.

Attachment(s):

Bylaw 3676 "Miscellaneous Bylaws Amendment Bylaw, 2018”

68


Miscellaneous Bylaws Amendment Bylaw, 2018

Bylaw 3676

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

Council Procedure Bylaw

1 Section 3 (1) [inaugural meeting] of Council Procedure Bylaw, No. 3602, is amended by

repealing “December” and substituting “November”.

2 Section 6 [notice of special meetings] is repealed and the following substituted:

6 Except where notice of a special meeting is waived under section 127 (4) [notice of

council meetings] of the Community Charter, a notice of the meeting must

(a) be given at least 24 hours before the time of the meeting,

(b) include the date, hour, and place of the meeting,

(c) describe in general terms the purpose of the meeting,

(d) be signed by the Corporate Officer, Mayor, or two or more other Council

members who themselves call the meeting,

(e) be emailed to each Council member, and

(f) be posted at the public notice posting places.

Delegation of Authority Bylaw

3 Section 1 of the Delegation of Authority Bylaw, No. 3616, is amended

(a) by repealing “Manager of Planning and Sustainability”, and

(b) by repealing “Director of Parks and Recreation” and substituting “Director of Parks,

Forestry, and Recreation”.

4 Section 2 (2) is repealed and the following substituted:

(2) Council delegates to the Director of Parks, Forestry and Recreation the power to enter

into

(a) facility use or rental agreements for recreation facilities,

(b) rental agreements for parks and municipal forest reserve lands, and

(c) health promotion and rehabilitation service agreements.

5 Section 2 (5) is amended by repealing “$25 000” and substituting “$500 000”.

69

2

6 Section 2 is amended by adding the following subsections:

(6) Council delegates to the Chief Administrative Officer the power to

(a) approve requests to install additional equipment on existing

telecommunications towers on North Cowichan property, and

(b) negotiate appropriate additional compensation.

(7) Council delegates to the Director of Development Services the duty to respond to

requests from the Liquor Licensing and Control Branch to comment on applications to

increase seating capacity of licensed outdoor picnic areas.

7 Section 16 (b) is repealed and the following substituted:

(b) establish policies and procedures for the purchase of budgeted goods and services up

to $500 000 and the execution of related agreements.

8 Section 19 is repealed and the following substituted:

(1) Council delegates to the Chief Administrative Officer the power to issue, for up to 12

months, licences of occupation for non-exclusive uses of municipal land.

(2) Council delegates to the Director of Engineering and Operations the power to issue, for

up to 72 hours, special event permits for temporary, non-exclusive uses of municipal

land, including temporary private uses of municipal streets for parades, walk-a-thons,

fundraisers, races and similar events.

(3) For the purpose of subsections (1) and (2), the Chief Administrative Officer and Director

of Engineering and Operations may set conditions, including conditions relating to

indemnification, insurance, security, machinery, equipment, times of use, and

compliance with applicable laws and any restrictions on title.

Fees Bylaw

9 The Schedule to the Fees Bylaw, No. 3603, is amended

(a) in section 12 by repealing item 9 [murals royalty fee], and

(b) in section 21 [Cowichan Aquatic Centre & Fuller Lake Arena Recreation Fees] by

adding the following item:

Item Column 1

Description

Column 2

6 Special Event Admission $0 – actual cost

70

3

Fire Protection Bylaw

10 Section 10 (1) of the Fire Protection Bylaw, No. 3340, is repealed and the following

substituted:

(1) Nothing in this Bylaw restricts or prohibits

(a) a fire contained in a barbecue or hibachi to cook food;

(b) burning done or fires set by North Cowichan employees or fire services

personnel in the course of their duties.

Municipal Ticket Information System Bylaw

11 Schedule 1 of the Municipal Ticket Information System Bylaw, No. 3464, is amended by

(a) adding “Fire Chief” to column 3 of item 6 [Fire Protection Bylaw], and

(b) repealing item 14 and substituting the following:

Item Column 1

Designated Bylaw

Column 2

Designated Bylaw Enforcement Officers

14 Parks and Public Places Regulation Bylaw Bylaw Compliance Officer

Director of Parks, Forestry and Recreation

RCMP Officer

Municipal Forester

12 Section 6 [Fire Protection Bylaw, 2008] of Schedule 2 is amended in column 3, item 20 by

repealing “$2 000” and substituting “$1 000”.

13 Section 14 of Schedule 2 is amended by repealing section 14 [Parks Regulation Bylaw]

and substituting the following:

Section 14 – Parks and Public Places Regulation Bylaw

Item Column 1

Offence

Column 2

Section

Column 3

Fine

1 Destroy, damage, remove a tree or plant 2 (a) $200

2 Deface a wall, fence or other structure 2 (c) $200

3 Remain overnight without authorization 2 (e) $200

4 Foul or pollute a body of water or beach 2 (g) $200

71

4

Parks and Public Places Regulation Bylaw, 2017

14 The title of the Parks and Public Places Regulation Bylaw, 2017, No. 3626, is amended by

removing “2017”.

15 Sections 1, 2 (b), 2 (e), 5 (2) (a), 5 (3), 5 (4), and 6 (1) are amended by repealing “Director

of Parks and Recreation” and substituting “Director of Parks, Forestry, and Recreation”.

South End Sewer Local Area Service Enlargement Bylaw, 2016

16 The preamble of South End Sewer Local Area Service Enlargement Bylaw, 2016, No. 3606,

is amended by repealing “Bylaw No. 1169, being the “South End Sanitary Sewer Local

Improvement Bylaw 1967” and substituting “Bylaw No. 1250, being the South End Sewer Area

Merging Bylaw, 1968”.

Waterworks Bylaw

17 Section 46 of the Waterworks Bylaw, No. 3620, is repealed and the following substituted:

46 Subject to the late payment provisions set out in the Fees Bylaw, a 10% penalty must

be added to any unpaid current water charges 45 days after each billing period for

residential and commercial users.

_______________________

READ a first time on

READ a second time on

READ a third time on

ADOPTED on

CORPORATE OFFICER PRESIDING MEMBER

72


Five-Year Financial Plan Bylaw, 2018

Bylaw 3687

Contents

1 Financial plan establishment 2 Objectives and policies 3 Expenditure authority 4 Cheque signing authority 5 Ratification of payments 6 Repeal Schedule 1 Schedule 2

WHEREAS section 165 [financial plan] of the Community Charter requires that Council annually adopt a financial plan for the year the plan is to come into force and the following 4-years, before Council adopts its annual property tax bylaw;

AND WHEREAS Council has undertaken a process of public consultation regarding the financial plan, as required under section 166 [public process for development of a financial plan] of the Community Charter;

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

Financial plan establishment

1 Schedule 1, attached to and forming part of this Bylaw, is adopted as North Cowichan’s 5-year financial plan.

Objectives and policies

2 Schedule 2, attached to and forming part of this Bylaw, sets out Council’s objectives and policies for the years 2018 through 2022 regarding

(a) the proportion of total revenue that is proposed to come from

(i) property value taxes,

(ii) parcel taxes,

(iii) fees,

(iv) proceeds from borrowing, other than borrowing under section 177 [revenue anticipation borrowing] of the Community Charter, and

(v) other sources,

(b) the distribution of property value taxes among the property classes that may be subject to the taxes, and

73

2

(c) the use of permissive tax exemptions.

Expenditure authority

3 This Bylaw authorizes North Cowichan’s municipal officers to expend in each year the sums of money shown in columns 2 through 6, Schedule 1, for the purposes described in column 1, Schedule 1.

Cheque signing authority

4 All North Cowichan cheques must be signed by any two of the Mayor, Chief Administrative Officer, Director of Financial Services, Director of Corporate Services, or their deputies.

Ratification of payments

5 All payments already made from municipal revenues for the current year are ratified and confirmed.

Repeal

6 “Five-Year Financial Plan Bylaw, 2017”, No. 3652 , is repealed. _______________________

READ a first time on January 17, 2018 READ a second time on January 17, 2018 READ a third time on January 17, 2018 ADOPTED on CORPORATE OFFICER PRESIDING MEMBER

74

3

Schedule 1

Proposed Expenditures, Funding Sources and Fund Transfers

Item Column 1 Description

Column 2 2018

Column 3 2019

Column 4 2020

Column 5 2021

Column 6 2022

1 Revenues 2 Property Taxes 30,528,720 32,096,290 33,351,991 34,592,019 36,010,558 3 Parcel Taxes 4,443,733 4,590,390 4,775,031 4,968,130 5,144,012 4 User Fees 12,100,588 12,484,486 13,016,018 13,228,565 13,487,378 5 Other 7,920,162 5,934,957 11,476,239 4,947,329 2,551,877 6 54,993,203 55,106,123 62,619,279 57,736,043 57,193,825 7 Expenses 8 General Operating 32,876,506 32,518,016 33,465,925 34,317,622 35,255,607 9 Sanitary Sewer Operating 3,149,196 2,845,979 2,891,646 2,938,022 2,986,075 10 Water Operating 2,985,347 2,946,243 2,992,300 3,039,311 3,087,265 11 Interest on Debt 1,302,930 1,742,372 2,003,735 1,997,334 1,991,590 12 Amortization 9,200,200 9,362,716 9,612,716 9,787,916 9,811,916 13 49,514,179 49,415,326 50,966,322 52,080,205 53,132,453 14 Annual Surplus / (Deficit) 5,479,024 5,690,797 11,652,957 5,655,838 4,061,372 15 Add back: Unfunded

Amortization 9,200,200 9,362,716 9,612,716 9,787,916 9,811,916 16 Capital Expenditures 17 General Capital 12,572,560 29,404,420 8,450,000 7,101,500 9,002,500 18 Sanitary Sewer Capital 3,430,121 6,036,674 11,833,193 685,147 698,850 19 Water Capital 2,985,500 2,027,108 1,308,000 1,818,320 1,797,373 20 18,988,181 37,468,202 21,591,193 9,604,967 11,498,723 21 Proceeds from Borrowing 0 (23,000,000) 0 0 0 22 Principal Payments on Debt 1,090,213 1,494,966 2,007,631 1,984,033 1,906,851 23 Transfers to or between

Reserve Funds 1,503,742 1,909,979 (704,338) 2,967,514 (863,215) 24 Transfers to or between

Accumulated Surplus (6,902,912) (2,819,634) (1,628,813) 887,240 1,330,929 25 (4,308,957) (22,414,689) (325,520) 5,838,787 2,374,565 26 Financial Plan Balance 0 0 0 0 0

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4

Schedule 2

Financial Objectives and Policies

1. Funding Sources Property taxation is North Cowichan’s principal revenue source. As a revenue source, property taxation is simple to administer and relatively easy for residents to understand. It is also a stable and reliable source of revenue for services that are hard or undesirable to fund on a user-pay basis. User fees and charges form the next largest portion of North Cowichan’s revenue and are collected from a variety of municipal services, permits, and licences. User fees attempt to align the value of a service to those who use the service. It is generally preferable to charge a user fee for services to specific users, than to levy a general tax on all property owners. The table below shows the proportion of North Cowichan revenue proposed to be raised from each funding source in 2018.

Table 1 - Sources of Revenue

Item Column 1 Revenue Source

Column 2 % of Total Revenue

Column 3 Dollar Value

1 Property Taxes 55.5 30,528,720 2 Parcel Taxes 8.1 4,443,733 3 User Fees and Charges 22.0 12,100,588 4 Proceeds from Borrowing 0.0 0 5 Other 14.4 7,920,162 6 Total 100% 54,993,203

Council’s objectives and policies regarding funding sources are to

(a) use property taxes for services that do not lend themselves to a user-pay approach,

(b) allocate 10% to 15% of municipal property tax revenue to capital projects,

(c) charge user fees, where possible, to align services with those who use them, and

(d) look for new revenue sources. 2. Distribution of Property Tax Rates Council’s objectives and policies regarding the distribution of property tax rates are to strive to

(a) set tax rates and ratios that maintain tax stability between property classes while factoring in non-market growth within classes,

(b) set Class 4 (Heavy Industry) at the provincial average tax ratio and at no more than 3 times Class 6 (Business),

(c) set Class 5 (Light Industry) at no more than 2 times Class 6 (Business),

(d) set Class 6 (Business) at no more than 2 times Class 1 (Residential),

(e) set Class 7 (Managed Forest) at no more than 2 times Class 6 (Business),

(f) set Class 8 (Non-profit and Recreation) tax ratio at 1.00, to assist sector, and

76

5

(g) set Class 9 (Farm) tax ratio at 1.00, to encourage local farm production.

Table 2 – 2018 Property Tax and Ratios Distribution

Item Column 1 Property Class

Column 2 % of Total Property

Taxation

Column 3 Dollar Value

Column 4 Ratios

1 Residential 67.1 19,302,200 1.00 2 Utilities 0.7 188,800 9.25 3 Supportive Housing 0.0 0 1.00 4 Major Industrial 15.1 4,338,300 7.69 5 Light Industrial 3.4 980,700 4.19 6 Business and Other 13.3 3,828,400 2.28 7 Managed Forest 0.1 45,600 3.84 8 Recreation/Non-profit 0.2 65,900 1.00 9 Farm land 0.1 34,600 1.00

10 Total 100% 28,784,500 3. Permissive Tax Exemptions North Cowichan supports local non-profit organizations through permissive tax exemptions. Each year a list of these exemptions are included in the annual Report. Permissive property tax exemptions are governed by the North Cowichan Permissive Tax Exemption Policy. In addition, the Municipality offers a tax incentive program to encourage new commercial and residential mixed use development to locate within the existing commercial core areas, and to encourage development of industrial land. Revitalization property tax exemptions are governed by the Municipality’s Revitalization Tax Exemption Bylaw.

77

Report



Date January 25, 2018 File: 5355-30

To Council

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

Subject South End Sewer Inclusion – 6387 Green Road (PCL B, DD44318I, EX PL 15559 & 904B)

Purpose

The purpose of the report is to recommend that Council expand the boundaries of the South End Sewer

local area service to include PCL B, DD44318I, EXC PL 15559 & 904B – 6387 Green Road.

Background

The subject property is zoned R8 and the developer has applied for a Development Permit for a

proposed 5 story 64 unit apartment. The subsequent building permit will require extension of the sewer

main and appropriate servicing for the development. Municipal Council approval for inclusion of PCL B

into the South End sewer area is required.

The owners have submitted a valid petition for inclusion of the lot referenced above in the South End

Sewer local area.

Discussion

It is a condition of any lot or lots connected to sewer to be included in the service area but it is not

necessary for the servicing to be in place prior to inclusion. It is preferred that the sewer inclusion

process is concluded prior to any construction of works. In this case, no construction has occurred.

Construction will be required as part of building permit approval.

Options

1. Begin the bylaw process of inclusion in the South End Sewer local area service. This is the

recommended option.

a. There is no information or findings to give reason to deny inclusion.

2. Deny the request.

a. Staff believes that denial is not warranted.

Implications

Inclusion of the properties does not provide the applicants with approval to construct. The applicants

will still need to provide the necessary environmental safeguards, SRW’s, approved construction

drawings as well as all other requirements as required by the building permit.

Once included in the service area, the parcel will be charged an annual local service tax regardless of a

connection. Once the apartments are constructed, additional fees will apply to use the service.

78



Recommendation

That Council read a first, second and third time “South End Sewer Local Area Service Enlargement Bylaw

No. 3695, 2018”.

Attachments:

1. Map

2. Petition

3. Bylaw

79

ArcGIS Web Map

FacilitiesManholesMains

Road NamesRoad CenterlineMinor Streams

Major StreamsMajor RiversLakes and Ponds

CoastlineOcean LabelsCivic Address Labels

January 24, 20180 0.025 0.050.0125 mi

0 0.04 0.080.02 km

1:1,596

This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION.80

MUNICIPALITY OF

Petition Cow rc an

Date

To

From

Subject

January 24,20L9

North Cowichan Munícipal Council

Property Owners of PCL B, DD¿14318I, EXC PL 15559 8¿ 9048

Petition to Enlarge a Local Area Service

Folio: 05090-000

We, the undersigned property owners, petition the North Cowichan Municipal Council, to enlarge thesize of the South End Sewer local area seruice to include our propefty located at 6397 Green Road. andto adjust the boundaries of the local area service accordingly.

We agree to assume the responsibilíties of a user of the local area service, and to pay North Cowichanthe following per the existing lot:

$ nla to extend the main along our full property frontage; (main extension requiredas per Building Permit approval / Works and Seruices Bylaw #2275).

$ n/a to connect our property to the service; (service connection required as perBuilding Permit approval / Works and Seruices Bylaw #2275).

$ $2s63

$ 193

$ 1s2

as a capitalcost contribution$ per year for the local service (parcel) taxes; and$ per year for use of the service.

We understand the above fees and taxes are estimates and are subject to change.

Owners Names Owncrc Slgnaturcs Datc Signed

5 f*..^".^,{ I /al.yV

Note: A majoritV of fre

owlers of the prop:rty must sign.

OFFTEE USE ONLY

Certíficate of Sufficiency and Validity of Petitian

I hereby certify that this is a valid and sufficient petit¡on, pursuant to section 2L2 cf the CommunityChorter.

M^æ.,æ Janr¡ar,, 30 20].:8

Mark O. Ruttan, Corporate Otficer Date

(a)

(b)

(c)

(d)

(e)

,t313b1ß,C"L+d.

8ox 278,7030 Trans Canada Highway, Duncan, tÇ V9L 3X4Ph: 250-746-3100 Fãxi 250-746-3133 wwwnorthcowichan.ca

81


South End Sewer Local Area Service Enlargement Bylaw, 2018

BYLAW 3695

WHEREAS, by Bylaw 1250, the South End Sewer Area was constituted by the merging of the

Townsite Sewer Area, the Quamichan Heights Area "B" and the South End Sewer Area for the

purpose of consolidating the sewer systems constructed in the said areas;

AND WHEREAS section 218 of the Community Charter authorizes Council, by bylaw, to enlarge

the boundaries of a local area service;

AND WHEREAS the Council of The Corporation of the District of North Cowichan has received a

sufficient and valid petition to enlarge the boundaries of the South End Sewer local area service;

NOW THEREFORE the Council of The Corporation of the District of North Cowichan enacts as

follows:

1 The boundaries of the South End Sewer local area service, as amended, are enlarged to

include Parcel B (DD 443181) of Section 2, Range 5, Somenos District, except part in plan

15559 and except part in plan 904 BL, 6387 Green Road, (parcel identifier: 009-768-904).

_______________________

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82

January 19, 2018 Mayor and Council Members RE: Letter of Support for Chemainus Mural Program Chemainus Festival of Murals Society, a registered charity managed by a Board of Directors (all volunteers), is the organization established in 1987 to operate the “mural program” for the Municipality of North Cowichan. The Society’s responsibilities include paying for all necessary repairs and maintenance to the murals and sculptures in Chemainus, for the restoration of all murals and sculptures and for creating all new murals. For more insight on the Society please go to www.muraltown.com or see a link to this website within your website www.northcowichan.ca. In order to fund the Society’s program of “Chemainus Festival of Murals Program” which is the name of the program the Gaming Policy and Enforcement Branch has used for several years, the Society must solicit funding from various sources – donations, grants in aid and our major contributor has been Community Gaming grants from the Province of BC. Our Society has been successful in obtaining Community Gaming grants for many years. As noted in my email below, among the criteria used by Gaming Policy and Enforcement Branch when assessing eligibility for a Community Gaming grant is “community support” in the form of letters of support

from others knowledgeable about the Society and its program. Should

you require additional details on the criteria for obtaining Gaming funding please go to www.gaming.gov.bc.ca/grants. I believe it would be appropriate for the letter of support to be on behalf of the Mayor and Members of Council. Jon, who is the municipal representative on our Board of Directors and is very familiar with our Society, can certainly provide any additional information Mark Ruttan could require to seek a resolution in order to accommodate this request in a timely manner. Regards

Doreen Zielke, Treasurer

83

http://www.muraltown.com/

http://www.northcowichan.ca/

http://www.gaming.gov.bc.ca/grants

Report



Date January 31, 2018 File: 8100-20/BCG

6310-20/CAC POL To Council

From Jason Blood, Manager of Recreation Endorsed

:

Subject BC Games – Access to the Cowichan Aquatic Centre

Purpose

The purpose of this report is to seek direction from Council on BC Games athletes and coaches being

able to access the Cowichan Aquatic Centre on July 22, 2018 until their scheduled transportation arrives.

Background

The BC Games are occurring in the Cowichan Valley July 19-22, 2018. The BC Summer Games Society

will be using Cowichan High School as a centralized holding area for athletes and coaches during the

period of time from closing ceremonies until transportation buses arrive later in the evening of July 22,

2018.

The holding area chair for the 2018 BC Summer Games has requested that we provide free access to the

Cowichan Aquatic Centre for coaches and athletes on July 22, 2018 as an option for people to pass the

time until transportation arrives.

The approximate numbers of coaches and athletes centralized at Cowichan High School is expected to

be around 500. It is anticipated that roughly half may choose to attend the Cowichan Aquatic Centre

during the day. The maximum bather load for the pool is 350 bathers at any one time.

During the summer, the Cowichan Aquatic Centre operates from 11:00 a.m.-6:00 p.m. on Sundays. The

average bather load on Sundays in July 2017, was approximately 90 people attending per hour.

Implications

To meet the anticipated demand, extra staffing will need to occur. Primarily, this will equate to staffing

extra lifeguards to ensure that we can meet the regulatory requirements equated with the increased

bather load, but will also include extra hours for slide attendants and clerical staff to meet the

anticipated increase in demand.

Increased staffing of control point entry will also need to occur. This has been done previously,

particularly on Family Day statutory holidays. Line-up waiting areas will be created in the lobby and

staffed to allow for in/out access to occur.

An increase of approximately 25-30 staff hours would be needed to meet this expected demand during

the timeframe. This would equate to approximately $750-900 in increased wage costs once benefit

load is calculated.

84



Bulk admission pricing was created within North Cowichan’s Fees and Charges Bylaw, which could be

offered to participants to help offset costs.

Options

Option 1 – Allow any participants to access as part of normal admission process

Option 2 – Allow BC Summer Games participants to access Cowichan Aquatic Centre via Bulk

Admission Pricing

Option 3 – Allow BC Summer Games Coaches and Athletes free admission to the Cowichan

Aquatic Centre.

Recommendation

That Council support Option 3 to allow staff to offer free admission to the Cowichan Aquatic Centre for

BC Summer Games coaches and athletes, and to allow staff to schedule accordingly to meet anticipated

demand.

85

Report



Date January 16, 2018 File:

To Council

From Don Stewart, Deputy Director Parks, Forestry and Recreation Endorsed:

Subject Fees and Charges Modification for Forestry Managed Lands

Purpose

To transition Managed Forestry Lands (includes Forest Reserve, Tax Sale Lands, Municipal Lands and

such applicable areas) program, activity and event bookings into a rental tracking process with specific

fees for usage.

Background

Currently, a program, event or activity within the Managed Forestry Lands is processed through the

Special Event Application workflow. This workflow involves multiple departments at a minimum and

requires the user to have a Licence of Occupation with the Municipality at a set fee ($200) regardless of

the duration, type or potential maintenance requirements involved.

This has overcomplicated the process that groups and businesses seeking usage of our forestry lands

work through and does not offer a fee translatable into the type, duration or area of use, nor the follow-

up or pre-planning required by the Parks, Forestry and Recreation Department.

Within our Recreation Facilities, a process exists where bookings are handled by a clerk for fields,

facilities and parks where a rental permit is produced with fees are assessed based on the type of use

and by whom.

Discussion

The intent is to provide a process for organized users (primarily non-profit or commercial) of our

forestry lands which is easier to produce, has fees assessed according to usage type and provides

management oversight to the activity. Primarily, we are seeing the following usages as being the key

ones currently underway within the Managed Forestry Lands (currently occurring with and without our

oversight):

- Recognizable group organized led hikes or bike rides

- Program delivery

- Special events / Races / Endurance events

86



Proposed new fees and charges for 2018 are:

RENTAL TYPE & USER

CATEGORIES

ACTIVITY TYPE

Gro

up

Rid

e <1

5

per

son

s (p

er

day

)

Gro

up

Rid

e >1

5

per

son

s (p

er

day

)

Pro

gram

< 4

ho

urs

(p

er d

ay)

Pro

gram

> 4

ho

urs

(p

er d

ay)

Rac

e, T

imed

A

ctiv

ity

or

Even

t

(per

day

)

Eve

nt

Mai

nte

nan

ce

Dep

osi

t

Commercial

No charge for 2018.

Must provide proof of insurance coverage.

$8.75 $10.50

$175.00 or $1.75 per

participate, whichever is greater

$100.00 or $1.00

per participate, whichever is greater

Private $5.00 $6.00

$100.00 or $1.00 per


School District $4.75 $5.70

$95.00 or $0.95 per


Local Non Profit $4.25 $5.10

$85.00 or $0.85 per


Activity Type Definitions:

Group Ride Organized event with a designated lead who is coordinating the

start time of the ride, responsible for the group and provides

overall leadership

Program: Organized learning opportunity where skills or abilities are taught.

Race, timed activity Coordinated activity where participants are invited to participate

or event: over a identified course or within a set area.

Event Damage Security for damage done to a trail, trail structure, or clean-up

Deposit: required after a race, timed activity, or event.

The four User Categories that users fall into are based on what is presently included within the Fees

Bylaw for our Facilities rentals.

87



Fees are developed based upon the following criteria:

Cost of processing rental requests

Posting and sustaining public notification of rentals

Trail maintenance and inspections

These fees, once implemented, would be reviewed on an annual basis (normally April), in conjunction

with the rest of our parks and facilities user fees.

Options

Option 1: Proceed with recommendation to Council that Staff are directed to draft an amendment

to the fees and charges bylaw for Managed Forestry Lands rental rates to be presented

to Council in February 2018.

Option 2: Modify the fees and/or categories presented and proceed with the development of a

fees and charges modification to be presented to Council in February

Option 3: Sustain the existing Special Event Application process for Managed Forestry Land uses.

Implications

Depending on the type and frequency of use, this modification will have these financial implications:

1) Individual day users, with the exception of Commercial Race Event users, will pay a lower fee.

2) Group rides by organizations / businesses, is a new requirement which will raise costs to

affected organizations as no cost exists presently.

a. Note that for 2018 the new cost may only exist if the organization does not currently

carry insurance.

3) Repeat bookings may have increased costs.

4) Potentially increase revenue to the Municipality, values to be determined, offset by the

increased cost of managing recreation within our Managed Forestry Lands.

From a land use / recreation management standpoint, this provides efficiencies in the delivery of

service, bringing it down to a single point of contact into an existing well streamlined workflow.

Additionally, this will allow the Municipality to gain a firmer knowledge of the organized usage in our

Managed Forestry Lands and provide to the public current information on such use.

Recommendation

That Council direct staff to draft a bylaw to amend the Fees Bylaw to set fees to use managed forest

lands, in accordance with the January 16, 2018 staff report.

88

Report



Date January 15, 2018 File: 8100-20/BCSEN

To Council

From Ernie Mansueti, Director of Parks, Forestry and Recreation Endorsed:

Subject Invitation to Host Annual 55+ Senior Games

Purpose

To determine whether the Municipality of North Cowichan should apply to host the BC Senior Games in

2020, 2021 or 2022.

Background

In January 2018, the Municipality of North Cowichan received a letter from the BC Games Society

inviting the Municipality to apply to host BC Senior Games in 2020, 2021 or 2022. The deadline for bid

submission is June 29, 2018.

The Municipality in partnerships with the City of Duncan, Cowichan Tribes and/or the Cowichan Valley

Regional District (CVRD) have had a history of hosting very successful events/games which include the

BC Festival of the Arts (1987), BC Winter Games (1991), BC Seniors Games (2005), the North America

Indigenous Games (2008) and the upcoming BC Summer Games in 2018.

Discussion

The BC Games were initiated by the Government of B.C. in 1978. Since that time, the BC Games have

played an important part in the development of amateur sport and athletes as well as communities in

British Columbia. The purpose of the BC Games is to:

assist in developing athletes, coaches, and officials in preparation for higher levels of

competition;

promote interest and participation in athletic and sports activities by the citizens of

British Columbia; and,

assist in the development of strong and vibrant communities in the Province.

The Government of B.C., through the Ministry of Healthy Living and Sport, will provide $600,000 for the

administration and operation of the BC Senior Games. As part of the application process, the

prospective hosting community is required to commit resources to the Games. A minimum of $60,000

cash and $55,000 of in-kind services and facilities is required for the planning and staging of the Senior

Games. In addition, the host community must employ a full-time Operations Manager for

approximately nine months in advance of and during the Games to ensure that the Games are properly

planned and managed. It is estimated that such a position would cost approximately $45,000 for the

nine month period.

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Planning for the BC Senior Games typically begins two years prior to the Games. The BC Senior Games

attracts approximately 3,700 participants. One of the benefits to the host community is the significant

economic impact that is created by the athletes and visitors that come to the host city immediately

prior to and during the Games. This economic impact is estimated to be in the range of

$2 to $3 million. The capacity to host the BC Senior Games would only be possible through the region

(CVRD).

A resolution will be required from the Board of School District #79, indicating support for the bid

application and willingness to donate the necessary school district facilities during the Games. The

Municipality of North Cowichan alone does not have the capacity from a staffing, facilities or

community perspective to solely host the Senior Games.

A submission package is a very key component of an application. The submission has to be

professional in nature and proudly outline the area, the venues, accommodations, and transportation

network. This has not been included within the costs, but would be in the range of $5,000 to do an

acceptable submission.

Generally communities that have hosted games in previous years may not have the same consideration

as a new potential host. In 2005, the Cowichan Valley Regional District hosted a very successful

BC Senior Games.

Recommendation

That Council refer the invitation to host the annual BC Senior Games to the Cowichan Valley Regional

District for consideration to be held as a regional event.

Attachment: Invitation to Host

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Parks and Recreation Advisory Committee

MINUTES

January 22, 2018, 4:00 p.m.

Municipal Hall - Maple Bay Meeting Room

Members Present Tom Walker, Chair

Michelle Bell

Deb Melnyk

Heather Eastman

Deb Savory Wright

Mayor Jon Lefebure (ex-officio)

Members Absent Brian Hamilton

Staff Present Ernie Mansueti, Director of Parks, Recreation and Forestry

Staff Present Don Stewart, Deputy Director of Parks and Recreation

Staff Present Jason Blood, Manager of Aquatic Centre

Staff Present Louise Payne, Recording Secretary

1. CALL TO ORDER

There being a quorum present, the Chair called the meeting to order at 4:06 p.m. and

introductions were made.



That the Committee approve the agenda as circulated.

CARRIED

3. ADOPTION OF MINUTES


That the Committee adopt the minutes of the meeting held June 26, 2017.

CARRIED


4.1 Bike Share Program

The Committee received a presentation from students from Queen Margaret School

regarding their proposed bike share program, as part of Youth Placemaking Cowichan

competition. The bike share program proposes to be a benefit to students, tourists and

the environment. The first steps in developing a bike share program are more bike lanes

and identifying a location for the first bike station.

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January 22, 2018 - Parks and Recreation Advisory Committee

2


That the Committee recommend that Council direct staff to do a feasibility study to

outline possible delivery models and options for a bike share program in North

Cowichan south-end commercial core and the City of Duncan.

CARRIED

5. BUSINESS

5.1 Fees to Use Forestry Managed Lands

The Committee reviewed the Deputy Director of Parks, Forestry and Recreation's January

16, 2018 report proposing fee amendments for forestry managed lands. The Committee

suggested that North Cowichan charge higher fees for larger events that cause more

"wear and tear" on trails, and asked staff to consider a "sliding scale" of fees based on

the number of riders registered per event, as follows:

• Commercial events to pay a 175% surcharge, while other categories receive a

discount;

• Required minimum $100 maintenance deposit (or $1.00 per participant, depending

on number of participants) - whichever is greater.


That the Committee recommend that Council direct staff to draft a Fees Amendment

Bylaw to include fees for use of managed forest lands.

CARRIED

5.2 BC Senior Games

The Committee discussed the Director of Parks, Forestry and Recreation's January 15,

2018 report regarding an invitation to host the annual BC Senior Games, noting that

these games were last held in the Cowichan Valley in 2005.


That the Committee recommend that Council refer the invitation to host the annual BC

Senior Games to the Cowichan Valley Regional District for its consideration.

CARRIED

6. NEW BUSINESS

None.

7. ADJOURNMENT


________________________________ ________________________________

Signed by Chair Certified by Recording Secretary

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municipality of north cowichan regular council agenda...purpose: to adopt a new financial plan...

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