A PUBLIC HEARING AND REGULAR MEETING
OF THE TOWN OF LADYSMITH COUNCIL
AGENDA
5:00 P.M.

-
This meeting will be held electronically as per Ministerial Order No. M192

1.
CALL TO ORDER
 

Call to Order 5:00 p.m. in Open Session, in order to retire immediately into Closed Session.

Members of the public are welcome to attend all Open Meetings of Council, but may not attend Closed Meetings.

2.
APPOINTMENT OF DEPUTY MAYOR
 

Mayor Stone, at the request of Councillor Johnson who currently holds the title, has appointed Councillor Jeff Virtanen as Deputy Mayor for the term June 15, 2021 to October 31, 2021.

3.
CLOSED SESSION
 

  • Recommendation

    That, in accordance with section 90(1) of the Community Charter, Council retire into closed session in order to consider items related to the following:

    • the acquisition, disposition or expropriation of land - section 90(1)(e); 
    • the receipt of advice that is subject to solicitor-client privilege - section 90(1)(i); and
    • negotiations and related discussions respecting the proposed provision of a municipal service - section 90(1)(k).

4.
OPEN MEETING AND ACKNOWLEDGEMENT (6:00 P.M.)
 

The Town of Ladysmith acknowledges with gratitude that this meeting takes place on the traditional, unceded territory of the Stz'uminus First Nation.

Residents are encouraged to "virtually" attend the meeting by registering here:

https://zoom.us/webinar/register/WN_I7eZV1qJRAC9Rb5wdvlyRA 

Instructions on how to join the meeting will be sent immediately after you register.

View the livestream on YouTube: https://www.youtube.com/channel/UCH3qHAExLiW8YrSuJk5R3uA/featured.

5.
AGENDA APPROVAL
 

  • Recommendation

    That Council approve the agenda for this Public Hearing and Regular Meeting of Council.

6.
PUBLIC HEARING
 

7.
BYLAWS - OFFICIAL COMMUNITY PLAN AND ZONING (SUBJECT OF PUBLIC HEARING)
 

7.1
“Road Closure and Dedication Removal Bylaw 2021, No. 2067”
 

  • Recommendation

    That, subject to any additional matters raised at the Public Hearing, Council:

    1. Proceed with third reading of "Road Closure and Dedication Removal Bylaw 2021, No. 2067”; and
    2. Direct staff to refer Bylaw 2067 to the Ministry of Transportation and Infrastructure pursuant to section 41(3) of the Community Charter.

7.2
“Official Community Plan Bylaw 2003, No. 1488, Amendment Bylaw (No. 65) 2021, No. 2068”
 

  • Recommendation

    That, subject to any additional matters raised at the Public Hearing, Council proceed with third reading of “Official Community Plan Bylaw 2003, No. 1488, Amendment Bylaw (No. 65) 2021, No. 2068”.

7.3
“Town of Ladysmith Zoning Bylaw 2014, No. 1860, Amendment Bylaw (No. 37) 2021, No. 2069”
 

  • Recommendation

    That, subject to any additional matters raised at the Public Hearing, Council:

    1. Proceed with third reading of “Town of Ladysmith Zoning Bylaw 2014, No. 1860, Amendment Bylaw (No. 37) 2021, No. 2069”; and
    2. Direct staff to refer Bylaw No. 2069 to the Ministry of Transportation and Infrastructure pursuant to section 52 of the Transportation Act.

8.
RISE AND REPORT- Items from Closed Session
 

Items from the Closed Meeting of Council held May 4, 2021:

CE 2021-075

That Council:

  1. Direct the Mayor and Corporate Officer to execute the License of Occupation and Use Agreement with the Ladysmith Community Gardens Society for use of the Ladysmith Community Garden located on a portion of High Street Park for a 5-year period from June 1, 2021 until May 31, 2026;
  2. Direct staff to give notice of the Town’s intent to grant a License of Occupation and Use Agreement to Ladysmith Community Gardens in accordance with the Community Charter; and
  3. Rise and report on this item once public notice has been provided and the agreement is signed by both parties.

CE 2021-076

That Council:

  1. Appoint Shirley Louie as the Stz’uminus First Nation representative to the Public Art Task Group for a term ending September 2022; and
  2. Rise and report on this item once the representative has been notified.

Items from the Closed Meeting of Council held June 1, 2021:

Community Planning Advisory Committee appointments for terms ending June 30, 2023 (Resolution CE 2021-083)

  • Jason Robertson;
  • Abbas Farahbakhsh;
  • Brian Childs;
  • Jennifer Sibbald;
  • Stephen (Steve) Frankel;
  • Tamara Hutchinson; and
  • Jason Harrison.

 

 

Parks, Recreation & Culture Advisory Committee  appointments for terms ending June 30, 2023 (Resolution CE 2021-084)

  • Bruce Mason;
  • Lucy Partington (youth);
  • Geoff Dean; and
  • Lynda Baker.

CE 2021-085

That Council direct staff to re-advertise for applications to the Parks, Recreation and Culture Advisory Committee in order to fill one remaining position.

9.
MINUTES
 

9.1
Minutes of the Public Hearing and Regular Meeting of Council held June 1, 2021
 

  • Recommendation

    That Council approve the minutes of the Public Hearing and Regular Meeting of Council held June 1, 2021.

10.
DEVELOPMENT APPLICATIONS
 

10.1
Development Variance Permit Application – 614 Brown Drive
 

  • Recommendation

    That Council:

    1. Issue Development Variance Permit 3090-21-05 to vary the front parcel line setback from 6.0m to 3.3m for an unenclosed balcony attached to an existing dwelling at Lot 45, District Lot 96, Oyster District, Plan 28585 (614 Brown Drive); and
    2. Authorize the Mayor and Corporate Officer to sign Development Variance Permit 3090-21-05.

10.2
Development Variance Permit and Development Permit Applications – 6-245 Oyster Cove Road
 

  • Recommendation

    That Council:

    1. Issue Development Variance Permit 3090-21-06 to allow two 2-storey accessory buildings in a front yard, and to increase the permitted height of the accessory buildings from 3.5m to 5.1m and 4.1m respectively, at Strata Lot 6, District Lot 56, Oyster District, Strata Plan 2009 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1 (6-245 Oyster Cove Road);
    2. Issue Development Permit 3060-21-01 to allow the construction of a dwelling, two accessory buildings, and retaining walls at 6-245 Oyster Cove Road; and
    3. Authorize the Mayor and Corporate Officer to sign Development Variance Permit 3090-21-06.

10.3
Development Variance Permit Application – 350 Chemainus Road
 

  • Recommendation

    That Council deny Development Variance Permit Application 3090-20-06 for 350 Chemainus Road.

11.
BYLAWS- OFFICIAL COMMUNITY PLANNING AND ZONING
 

11.1
Zoning Amendment to Permit Existing Single Unit Dwellings in the C-2, C4 and R-3 Zones.
 

  • Recommendation

    That Council:

    1. Give first and second readings to “Town of Ladysmith Zoning Bylaw 2014, No. 1860, Amendment Bylaw (No. 40) 2021, No. 2078”;
    2. Direct staff to proceed with scheduling and notification of a Public Hearing for Bylaw No. 2078 pursuant to the Local Government Act; and
    3. Direct staff to refer Bylaw No. 2078 to the Ministry of Transportation & Infrastructure following third reading of the bylaw pursuant to the Transportation Act.

     

12.
COMMITTEE  MINUTES
 

12.1
Arts and Heritage Hub Steering Committee - March 30, 2021
 

  • Recommendation

    That Council receive for information the minutes of the March 30, 2021 meeting of the Arts and Heritage Hub Steering Committee.

12.2
Parks, Recreation and Culture Advisory Committee - May 19, 2021
 

  • Recommendation

    That Council receive for information the minutes of the May 19, 2021 meeting of the Parks, Recreation and Culture Advisory Committee.

12.3
Official Community Plan Steering Committee - May 20, 2021
 

  • Recommendation

    That Council receive for information the minutes of the May 20, 2021 meeting of the Official Community Plan Steering Committee.

12.4
Community Planning Advisory Committee - June 2, 2021
 

  • Recommendation

    That Council receive for information the minutes of the June 2, 2021 meeting of the Community Planning Advisory Committee.

13.
REPORTS
 

13.1
Town of Ladysmith 2020 Statement of Financial Information
 

  • Recommendation

    That Council approve the Town of Ladysmith Statement of Financial Information for the fiscal year ended December 31, 2020.

13.2
Subdivision Land Agreement – Drakensburg Development Corporation – Thetis Drive Subdivision
 

  • Recommendation

    That Council authorize the Mayor and the Corporate Officer to sign the Land Transfer Agreement between the Town and Drakensburg Development Corporation for the transfer of lands associated with the 11 lot subdivision on Thetis Drive.

13.3
Forward Road Watermain Replacement
 

  • Recommendation

    That Council:

    1. Direct staff to facilitate the replacement of 48m of watermain on Forward Road for an estimated cost of $58,000, with funds to come from the Water Utility Reserve, and amend the 2021 - 2025 Financial Plan accordingly.
    2. Authorize the developer’s contractor, Graf Concrete & Iron Inc., to complete the works while they construct the developer’s portion of the Forward Road watermain as part of the development of the former Dalby’s site.

13.4
Retaining Wall – Ladysmith Community Marina Parking Lot
 

  • Recommendation

    That Council direct staff to proceed with remediation of the Ladysmith Community Marina retaining wall as outlined in Option A of the staff report dated June 15, 2021.

14.
BYLAWS
 

15.
CORRESPONDENCE
 

15.1
Referral from Ministry of Forests, Lands, Natural Resource Operations & Rural Development dated June 3, 2021
 

Crown Land Tenure Application for private moorage at 303 Chemainus Road.

  • Recommendation

    That Council recommend that the Ministry of Forests, Lands, Natural Resource Operations & Rural Development approve  Crown Land Tenure Application 100305736 for private moorage at 303 Chemainus Road, provided that adequate measures are put in place to protect fisheries and aquaculture in the area.

16.
NEW BUSINESS
 

16.1
Incentive to Property Owners for Graffiti Removal
 

Council will discuss the potential use of Grant in Aid funds as a one-time incentive to property owners to remove graffiti.

  • Recommendation

    That Council allocate up to $2,500 from the Grant in Aid budget to provide an incentive to property owners to remove graffiti in a timely manner by offering a one-time $50 rebate to property owners from June 16 to July 15, 2021 and that staff be directed to facilitate the rebate program.

17.
UNFINISHED BUSINESS
 

18.
QUESTION PERIOD
 

Residents are encouraged to "virtually" attend the meeting and ask their questions live by registering here:

https://zoom.us/webinar/register/WN_I7eZV1qJRAC9Rb5wdvlyRA

Instructions on how to join the meeting will be sent immediately after you register.

Alternately, questions can be submitted via email at info@ladysmith.ca during the meeting.

  • Persons wishing to address Council must be Town of Ladysmith residents, non-resident property owners, or operators of a business.
  • Individuals must include their name and address for identification purposes.
  • Questions put forth must be on topics which are not normally dealt with by Town staff as a matter of routine.
  • Questions must be brief and to the point.
  • No commitments shall be made by the Chair in replying to a question. Matters which may require action of the Council shall be referred to a future meeting of the Council.

19.
ADJOURNMENT
 

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