NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD


Tuesday, May 26, 2015
Boardroom of the regional district offices, 550B Comox Road, Courtenay, BC commencing at 2:30 p.m.

Note: The in-camera session of the board meeting will commence at 2:30 p.m. with open session to convene at 4:00 p.m.

NOTE: Director Leigh, Electoral Area D (Oyster Bay - Buttle Lake), may attend the portion of this meeting to consider the Black Creek - Oyster Bay service matters (items E2, F4 and F5) as these matters relate to the Black Creek - Oyster Bay services. The board may vary the agenda to consider these matters.

In the event of an emergency the public gathering place is the parking lot outside the boardroom.
 
 
AGENDA
 
    Section Who Votes How Vote Counted
   
A. IN-CAMERA MEETING:
Recommendation:
 
THAT the board adjourn to an in-camera session pursuant to the following sub-section(s) of section 90 of the Community Charter:
90(1)(b) Personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the regional district on condition of anonymity;
90(1)(c) Labour relations or employee negotiations;
90(2)(b) The consideration of information received and held in confidence relating to negotiations between the regional district and the provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.
791(2)All1 person/1 vote
 
NOTE: The open portion of the meeting will convene at 4 pm.
 
B. ADOPTION OF MINUTES:
Comox Valley Regional District board minutes dated April 28, 2015 for adoption.
791(2)All1 person/1 vote
 
C. BUSINESS ARISING FROM MINUTES:
At its closed session on March 31, 2015, the Comox Valley Regional District board approved a resolution regarding an agreement with the chief administrative officer (CAO). The board then adopted a resolution at its April 28, 2015 closed meeting authorizing the chair to make a public statement on the matter. The following statement is provided by Chair Jolliffe:

"I am pleased to announce that the Comox Valley Regional District board has signed a new agreement with our incumbent chief administrative officer, Debra Oakman, for a term ending June 30th, 2017. This agreement provides certainty for the board and fits well with Ms. Oakman’s future personal plans. Ms. Oakman has led the Comox Valley Regional District staff since the CVRD was created in 2008. She oversaw the challenging transition from the former, larger Comox Strathcona Regional District to the valley-specific Comox Valley Regional District in February 2008. Since then she has continued to deliver, with her staff and under the direction of ensuing CVRD boards, effective local government services to the citizens of the Comox Valley.

Continuing to have in place, over the next two years, an experienced CAO with demonstrated excellent chief executive skills will give the board adequate time to seamlessly transition to a new chief administrative officer in July 2017.

As per the CVRD board CAO succession policy, an external executive research firm will be engaged through a request for proposal process in 2016. The successful proponent will then assist the board with the recruitment of a new CAO."
 
D. PETITIONS AND DELEGATIONS:
E. REPORTS:
1) COMOX VALLEY SPORTS CENTRE COMMISSION - APRIL 28, 2015
 
Comox Valley sports centre commission minutes dated April 28, 2015 for receipt.
791(2)All1 person/1 vote
 
2) BLACK CREEK OYSTER BAY SERVICES COMMITTEE - MAY 11, 2015
 
Black Creek Oyster Bay services committee minutes dated May 11, 2015 for receipt.
791(2)All1 person/1 vote
 
Recommendation #1
 
THAT the board consider a bylaw to amend the boundary for the Black Creek-Oyster Bay fire protection service by adding the property located along the south-eastern boundary of the service area and noted in the staff report dated May 1, 2015;

AND FURTHER THAT the directors for Electoral Area ‘C’ and Electoral Area ‘D’, being the service participants, consent to the amendment of Bylaw No. 1964 being the “Black Creek/Oyster Bay Fire Protection Service Local Service Area Conversion/Establishment Bylaw No. 1964, 1997” in writing.
791(4)C, DWeighted
 
3) ELECTORAL AREAS SERVICES COMMITTEE - MAY 11, 2015
 
Electoral areas services committee minutes dated May 11, 2015 for receipt.
791(2)All1 person/1 vote
 
Recommendation #1
 
THAT the board endorse the agency referral list as outlined in Appendix A and direct staff to commence the external agency referral process for a property legally described as Lot A, Block 49, Comox District, Plan 27411, Except Parcel “A” (DD R100949), (8090/8100 Forbidden Plateau road) as part of a proposed amendment to Bylaw No. 2781, being the “Comox Valley Zoning Bylaw, 2005”;

AND FINALLY THAT Comox Valley Regional District staff consult with First Nations in accordance with the referrals management program dated September 25, 2012 as outlined in Appendix B for a property legally described as Lot A, Block 249, Comox District, Plan 27411, Except Parcel “A” (DD R100949), (8090/8100 Forbidden Plateau Road) as part of a proposed amendment to Bylaw No. 2781, being the “Comox Valley Zoning Bylaw, 2005”.
791(2), 791(3), 791(13)A, B, C1 person/1 vote
 
Recommendation #2
 
Note: The bylaw referenced in the following recommendation is bylaw 380 and not 381 as mistakenly reported on the electoral areas services committee staff report May 6, 2015 and minutes dated May 11, 2015.
 
THAT the board approve first and second readings of Bylaw No. 380 being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 62,” which proposes to rezone a property (RZ 1A 14) legally described as Lot 4, District Lot 12, (situated partly within District lots 31G, 33G and 40G of Section 2) Nelson District, Plan 46828, Except Part in Plan VIP68043 and a portion of District Lot 33, Section 2A Nelson District except Plan VIP66877, except part in District Lots 12, 23 and 27 and except part in Plan VIP69915 (Brean Road lands) from rural residential twenty (RU-20) to rural four (RU-4);

AND FURTHER THAT prior to the public hearing the board direct staff to work with the applicant to complete amenity contribution negotiations, including discussion with the Island Corridor Foundation regarding trail access along the rail line right-of-way;

AND FURTHER THAT prior to the public hearing the applicant must confirm domestic potable water for each proposed lot;

AND FURTHER THAT prior to the public hearing the applicant must illustrate a primary and back up septic system location for each proposed parcel;

AND FINALLY THAT pursuant to section 890 of the Local Government Act, the board schedule a public hearing for Bylaw No. 380 being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 62.”
791(2), 791(3), 791(13)A, B, C1 person/1 vote
 
Recommendation #3
 
THAT the board accepts the request to discharge section 219 restrictive covenant (EX108777) on the properties legally described as Lot A, District Lot 224, Comox District, Plan 2851, Except That Part In Plan 16947 and VIP79471 (parent parcel), Strata Lots 1 to 13, District Lot 224, Comox District, Strata Plan EPS17 (1310 Wilkinson Road );

AND FURTHER THAT the board accepts the request to discharge section 219 restrictive covenant (EX108776) on the properties legally described as Strata Lots 1 to 13, District Lot 224, Comox District, Strata Plan EPS17 (1310 Wilkinson Road );

AND FURTHER THAT the board accepts the request to discharge section 218 Statutory Right of Way (SRW EX108778) on the properties legally described as Lot A, District Lot 224, Comox District, Plan 2851, Except That Part In Plan 16947 and VIP79471 (Parent Parcel), Strata Lots 1 to 13, District Lot 224, Comox District, Strata Plan EPS17 (1310 Wilkinson Road );

AND FINALLY THAT the chair of the board and the corporate legislative officer be authorized to discharge the 219 restrictive covenants (EX108776 and EX108777) and 218 Statutory Right of Way (SRW EX108778) with all related costs to be borne by the applicants.
791(2), 791(3), 791(13)A, B, C1 person/1 vote
 
Recommendation #4
 
THAT the board send a letter to the Minister of Forest, Lands and Natural Resource Operations requesting a status update on the Union Bay coal hills remediation process and works as well as next steps in the process.
791(2), 791(3), 791(13)A, B, C1 person/1 vote
 
Recommendation #5
 
THAT the board advise the senior government agencies of its intention to not enforce the aquaculture one (AQ-1) and aquaculture two (AQ-2) zoning restrictions as applied to the Pentlatch Seafood Operations Ltd in Baynes Sound.
791(2), 791(3), 791(13)A, B, C1 person/1 vote
 
Recommendation #6
 
THAT the “CVRD Electoral Areas Community Climate Action Plan” attached as Appendix ‘A’ to the staff report dated May 6, 2015 be approved and submitted to the Partners for Climate Protection for recognition under Milestone 3.

AND FURTHER THAT staff work with the Community Energy Association to participate in the Community Energy and Emissions Plan Quickstart program.
791(2)All1 person/1 vote
 
Recommendation #7
 
THAT the following resolution be submitted to the 2015 Union of British Columbia Municipalities convention:

WHEREAS the provincial government has
a) effectively established regulatory regimes designed to inspect various installations and operations, such as gas, electrical, health, food safety, etc. aimed at protecting the public from potential hazards associated with public facilities through the BC Safety Authority, and various other provincial agencies such as the health authorities; and
b) enacted various building and fire code regulations for public buildings, including the Fire Services Act, though has not provided for an accompanying, effective inspection and enforcement regime;

AND WHEREAS the provincial government is considering requiring regional districts to enforce the Fire Services Act and its regulations in the unincorporated areas of the province, including the obligation to provide for a regular system of inspection of hotels and public buildings though regional districts do not have the capacity to take on an inspection and enforcement role in the rural areas without significant additional financial and human resources;

NOW THEREFORE BE IT RESOLVED that the provincial government provide the resources necessary to inspect and enforce provincial safety regulations, including the Fire Services Act and its regulations, through either the Office of the Fire Commissioner or the BC Safety Authority rather than pursuing options to download the responsibility for inspections and enforcement of provincial regulations on local governments.
791(2)All1 person/1 vote
 
4) SEWAGE COMMISSION - MAY 12, 2015
 
Sewage commission minutes dated May 12, 2015 for receipt.
791(4)Cty, CmxWeighted
 
5) COMOX VALLEY WATER COMMITTEE - MAY 12, 2015
 
Comox Valley water committee minutes dated May 12, 2015 for receipt.
Bylaw 1783A, B, C, Cty, CmxWeighted
 
Recommendation #1
 
THAT the board consider three readings of an amendment to Bylaw No. 1453, being the Marsden/Camco Water Local Service Area Conversion and Establishment Bylaw, 1992” to include Lot 10, Plan 22672, District Lot 94, Comox Land District; and Lot 9, Plan 22672, District Lot 94, Comox Land District, in the Marsden/Camco water local service area;

AND FURTHER THAT the director for Electoral Area ‘C” (Puntledge/Black Creek), as participant in the Marsden/Camco water local service, consents to the amendment of the service establishment bylaw in writing;

AND FINALLY THAT the board consider adoption of the amending bylaw.
791(2)All1 person/1 vote
 
6) COMOX VALLEY SPORTS CENTRE COMMISSION - MAY 12, 2015
 
Comox Valley sports centre commission minutes dated May 12, 2015 for receipt.
791(2)All1 person/1 vote
 
Recommendation #1
 
THAT following the posting of a notice of intent to direct award on the Comox Valley Regional District website, a contract in the amount of $115,709.89 be direct awarded to Crocker Equipment Co. Ltd. for the acquisition of a Zamboni ice resurfacer for the Comox Valley sports centre;

AND FURTHER THAT the Comox Valley Regional District be authorized to enter into a short term financing agreement in an amount not to exceed $110,000 with the Municipal Finance Authority under section 175(1) of the Community Charter for the purchase of a Zamboni ice resurfacer for the Comox Valley recreation complexes service; such financing to be repaid within five years of entering into the agreement,

AND FINALY THAT the chair and corporate legislative officer be authorized to execute and sign the agreement on behalf of the Comox Valley Regional District.
791(6)AllWeighted
 
7) COMMITTEE OF THE WHOLE - MAY 12, 2015
 
Committe of the whole minutes dated May 12, 2015 for receipt.
791(2)All1 person/1 vote
 
Recommendation #1
 
THAT the CVRD achieve carbon neutrality for 2014 by purchasing 1,889 metric tonnes of verified offsets from the Granger South Jordan Utah landfill gas capture project at a cost of $1.50 USD/MT, totalling approximately $3,542 CAD;

AND FURTHER THAT remaining 2014 carbon offset funds be allocated to Community Carbon Marketplace emissions reduction project investment options ($18,683) and the Comox Valley sports centre energy retrofit project ($25,000);

AND FINALLY THAT in future carbon offset purchase options include more local opportunities for consideration.
791(2)All1 person/1 vote
 
8) HORNBY ISLAND FIRE HALL RENEWAL SELECT COMMITTEE - MAY 14, 2015
 
Hornby Island fire hall renewal select committee minutes dated May 14, 2015 for receipt.
791(2)All1 person/1 vote
 
Recommendation #1
 
THAT the revised terms of reference for the Hornby Island fire hall renewal select committee be approved.
791(2)All1 person/1 vote
 
9) SOUTH SEWER SELECT COMMITTEE - MAY 20, 2015
 
South sewer select committee minutes dated May 20, 2015 for receipt.
791(2)All1 person/1 vote
 
10) 2015 GRANTS IN AID
 
Report dated May 12, 2015 regarding the 2015 grants-in-aid for receipt.
791(2)All1 person/1 vote
 
Recommendation #1
 
THAT the following grants-in-aid, payable from the respective area indicated, be approved:

- Anderton Therapeutic Gardens Society to assist operating expenses: Area B - $2,000.00

- Arts Denman to assist with a concert series, and the readers and writers festival:
Area A - $250.00, Denman Island - $2,500.00, Hornby Island - $250.00 Area C - $250.00

- Association for Denman Island Marine Stewards to assist with community and school programs:
Denman Island - $2,200.00

- Beachcombers Education Society to assist with installation of art to the exterior of the building:
Area A - $2,000.00, Area C – 500.0

- Black Creek Old Age Pensioners to assist with Halbe Hall insurance costs and facility improvements: Area C - $4,000.00

- Blazing Paddles Dragon Boat Society to assist with therapeutic and recreational programs, and
insurance costs: Area A - $500.00, Area B - $500.00, Area C - $500.00

- Comox Fire Protection District to assist with the beach fire prevention program at Little River:
Area B - $1,500.00

- Comox Valley Exhibition Association (Fall Fair) to assist with facility rental, electrical, and other costs associated with hosting the 2015 fall fair: Area B - $1,500.00, Area C - $6,000.00

- Comox Valley Food Bank to assist with printing costs for a 2016 calendar:
Area A - $500.00, Area B - $500.00, Area C - $500.00

- Comox Valley Head Injury Society to assist with their weekly food program:
Area B - $750.00, Area C - $750.00

- Comox Valley Land Trust to assist with protecting and restoring natural systems in the Comox Valley: Area A - $500.00, Area B - $3,000.00, Area C - $6,500.00

- Comox Valley Multicultural and Immigrant Support Society to assist with promoting multiculturalism
through public events and activities: Area A - $200.00, Area B - $350.00, Area C - $350.00

- Comox Valley Therapeutic Riding Society to assist with the ‘barn buddies’ program:
Area A - $500.00, Area B - $1,000.00, Area C - $1,000.00

- Comox Valley Youth Music Centre to assist with a recruitment strategy through faculty-led workshops: Area B - $500.00, Area C - $1,000.00

- Denman Community Land Trust to assist with a solar power integration project:
Denman Island - $2,500.00

- Denman Island Memorial Society to assist with the cost of the entrance structures in the cemetery:
Denman Island - $1,000.00

- Denman Island Preschool Society – Blackberry Lane Children’s Centre to assist with operating
expenses: Denman Island - $2,000.00

- Denman Island Residents Association to assist with ramp improvements and a camera monitoring
system for the community dock/ramp: Denman Island - $3,000.00

- Dora Drinkwater Community Library to assist with book purchases and operating expenses:
Denman Island - $500.00

- Dove Creek Community Association to assist with facility improvements: Area C - $5,000.00

- Fanny Bay Community Association to assist with the purchase of a heat pump: Area A - $3,500.00

- Hornby Community Radio to assist with the purchase of an FM processor:
Hornby Island - $1,000.00

- Hornby Island Arts Council to assist with operating expenses:
Hornby Island - $4,000.00, Area C - $250.00

- Hornby Island Daycare Society to assist with the replacement of playground equipment:
Hornby Island - $4,000.00

- Hornby Island Educational Society to assist with electrical upgrades: Hornby Island - $3,000.00

- Little River Enhancement Society to assist with Little River and Scales Creek restoration and hatchery maintenance: Area B - $4,000.00, Area C - $4,000.00

- Millard Piercy Watershed Stewards to assist with operating expenses:
Area A - $500.00, Area B - $1,000.00, Area C - $1,000.00;

- Mountainaire Avian Rescue Society to assist with operating expenses:
Area A - $500.00, Area B - $1,500.00, Area C - $3,000.00

- Royston Community Club and Recreation Commission to assist with facility improvements:
Area A - $3,500.00

- Strathcona Wilderness Institute to assist with wilderness centre operations and programs:
Area B - $1,000.00, Area C - $2,000.00

- The Alberni Project Society to assist with raising awareness and support of veterans of all ages:
Area C - $500.00

- Transition Denman (Arts and Entertainment Committee) to assist with a 'celebrating community'
sustainability summer festival: Denman Island - $2,100.00, Area C - $100.00

- Tsolum River Restoration Society to assist with restoration of the Tsolum River:
Area B - $2,000.00, Area C - $8,000.00

- Union Bay Community Club and Recreation Association to assist with facility improvements
($3,500.00) and landscaping ($300.00): Area A - $3,800.00

- Upper Island Retriever Club to assist with operating expenses: Area B - $500.00, Area C - $500.00

- Volunteer Comox Valley to assist with to assist with one stop access to volunteer resources and
information: Area B - $500.00, Area C - $500.00

- Youth and Ecological Restoration Program to assist with costs for a biologist to work with the youth
to maintain professional standards: Area A - $500.00, Area B - $1,000.00, Area C - $1,000.00
791(2)All1 person/1 vote
 
Recommendation #2
 
NOTE: this recommendation is provided separately to enable Alternate Director Scoville to leave the meeting due to a conflict of interest.
 
- Saratoga Miracle Beach Residents Association to assist with operating expenses:
Area C - $400.00
791(2)All1 person/1 vote
 
11) LETTER OF SUPPORT FOR BOUNDARY EXTENSION - GRAHAM LAKE IMPROVEMENT DISTRICT
 
Report dated May 20, 2015 regarding the letter of support for the boundary extension of the Graham Lake Improvement District for receipt.
791(2)All1 person/1 vote
 
Recommendation #1
 
THAT the Comox Valley Regional District provide a letter supporting the Graham Lake Improvement District application to extend their boundary of 15 additional properties along East Road on Denman Island.
791(2)All1 person/1 vote
 
F. BYLAWS AND RESOLUTIONS:
Adoption
 
1) RECOMMENDATION for Bylaw No. 375 being "Electoral Areas Arts and Culture Grant Service Future Expenditure Reserve Fund Establishment Bylaw No. 375"
 
THAT Bylaw No. 375 being "Electoral Areas Arts and Culture Grant Service Future Expenditure Reserve Fund Establishment Bylaw No. 375" be adopted.
791(4)A, B, CWeighted
 
2) RECOMMENDATION for Bylaw No. 376 being "Electoral Area B Heritage Conservation Service Future Expenditure Reserve Fund Establishment Bylaw No. 376"
 
THAT Bylaw No. 376 being Bylaw No. 376 being "Electoral Area B Heritage Conservation Service Future Expenditure Reserve Fund Establishment Bylaw No. 376" be adopted.
791(11)All1 person/1 vote
 
First and second readings
 
3) RECOMMENDATION for Bylaw No. 380 being "Comox Valley Zoning Bylaw No. 2781, 2005, Amendment No. 62" (Island Timberlands - Brean Road rezoning)
 
THAT Bylaw No. 380 being "Comox Valley Zoning Bylaw No. 2781, 2005, Amendment No. 62 " (Island Timberlands - Brean Road rezoning) be given first and second reading concurrently.
791(2), 791(3), 791(13)A, B, C1 person/1 vote
 
First, second and third readings
 
4) RECOMMENDATION for Bylaw No. 381 being "Black Creek - Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 5"
 
THAT Bylaw No. 381 being "Black Creek-Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 5" be given first and second readings concurrently.
791(4)C, DWeighted
 
THAT Bylaw No. 381 being "Black Creek-Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 5" be given third reading.
791(4)C, DWeighted
 
5) RECOMMENDATION for Bylaw No. 382 being "Black Creek - Oyster Bay Fire Protection Local Service Area Conversion-Establishment Bylaw No. 1964, 1997, Amendment No. 5"
 
THAT Bylaw No. 382 being "Black Creek-Oyster Bay Fire Protection Local Service Area Conversion-Establishment Bylaw No. 1964, 1997, Amendment No. 5" be given first and second readings concurrently.
791(2)All1 person/1 vote
 
THAT Bylaw No. 382 being "Black Creek-Oyster Bay Fire Protection Local Service Area Conversion-Establishment Bylaw No. 1964, 1997, Amendment No. 5" be given third reading.
791(2)All1 person/1 vote
 
6) RECOMMENDATION for Bylaw No. 383 being "Marsden-Camco Water Local Service Area Conversion and Establishment Bylaw, 1992, Amendment No. 6"
 
THAT Bylaw No. 383 being "Marsden-Camco Water Local Service Area Conversion and Establishment Bylaw, 1992, Amendment No. 6" be given first and second readings concurrently.
791(2)All1 person/1 vote
 
THAT Bylaw No. 383 being "Marsden-Camco Water Local Service Area Conversion and Establishment Bylaw, 1992, Amendment No. 6" be given third reading.
791(2)All1 person/1 vote
 
G. NEW BUSINESS:
H. ADDENDUM - UPON APPROVAL OF THE BOARD:
I. MEDIA QUESTIONS
I. TERMINATION:
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