COMOX VALLEY REGIONAL DISTRICT BOARD
Tuesday, November 24, 2015
Minutes of the meeting of the Comox Valley Regional District board of directors held on Tuesday, November 24, 2015 in the boardroom of the Comox Valley Regional District offices located at 550B Comox Road, Courtenay, B.C. commencing at 4:00 p.m.
 
 
MINUTES
     
 
Present:
Chair:B. JolliffeBaynes Sound-Denman/Hornby Islands (Area 'A')
Vice-Chair:M. TheosCity of Courtenay
Directors:E. ErikssonCity of Courtenay
 K. GrantTown of Comox
 E. GrievePuntledge/Black Creek (Area 'C')
 L. JangulaCity of Courtenay
 R. NicholLazo North (Area 'B')
 B. PriceTown of Comox
 G. SprouleVillage of Cumberland
 B. WellsCity of Courtenay
 B. LeighOyster Bay – Buttle Lake (Area ‘D’)
Staff:B. DunlopCorporate Financial Officer
 A. MacDonaldGeneral Manager of Planning and Development Services
 D. OakmanChief Administrative Officer
 M. RuttenGeneral Manager of Engineering Services
 I. SmithGeneral Manager of Community Services
 J. WarrenCorporate Legislative Officer
 
   
IN-CAMERA MEETING:
B. Wells/K. Grant: 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)(a) Personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the regional district or another position appointed by the regional district;
90(1)(e) The acquisition, disposition or expropriation of land or improvements, if the board considers that disclosure might reasonably be expected to harm the interests of the regional district;
90(1)(k) Negotiations and related discussions respecting the proposed provision of a regional district service that are at their preliminary stages and that, in the view of the board, could reasonably be expected to harm the interests of the regional district if they were held in public;
AND FINALLY THAT the in-camera portion convene immediately following the open portion of the meeting.
791(2)Carried
 
ADOPTION OF MINUTES:
K. Grant/B. Price: THAT the Comox Valley Regional District board minutes dated October 27, 2015 be adopted. [Item] 
791(2)Carried
 
REPORTS:
BLACK CREEK - OYSTER BAY SERVICES COMMITTEE - NOVEMBER 16, 2015
 
 
K. Grant/B. Leigh: THAT the Black Creek - Oyster Bay services committee minutes dated November 16, 2015 be received. [Item] 
791(2)Carried
 
E. Grieve/B. Leigh: THAT the 2016 - 2020 preliminary financial plan for the Black Creek/Oyster Bay water service, function 313, include $27,000 funding to complete further evaluation of groundwater well #1 and the Oyster River infiltration gallery;

AND FURTHER THAT the 2016 - 2020 preliminary financial plan for the Black Creek/Oyster Bay water service, function 313, be amended by increasing the rates as recommended in the Econics water rate review report dated February 2015 effective 2017;

AND FINALLY THAT staff report back on the findings on this work in the fall of 2016.
791(4)Carried
 
2016 PARCEL TAX ROLL REVIEW PANEL
 
 
B. Wells/K. Grant: THAT the report dated November 9, 2015 regarding the appointment of a 2016 parcel roll review panel be received. [Item] 
791(2)Carried
 
G. Sproule/K. Grant: THAT a parcel tax roll review panel be held at 9:30 a.m. on the 24th day of February 2016 to authenticate the 2016 parcel and frontage tax roll and that Directors Jolliffe, Nichol and Grieve, Comox Valley Regional District directors representing areas A, B, C, and Director Leigh, Strathcona Regional District director representing area D for the Black Creek/Oyster Bay water service area, be appointed to the panel.
791(2)Carried
 
BLACK CREEK - OYSTER BAY FIRE PROTECTION SERVICE - SHORT-TERM FINANCING
 
 
B. Leigh/B. Wells: THAT the report dated November 18, 2015 regarding short-term financing for the Black Creek - Oyster Bay fire protection service be received. [Item] 
791(4)Carried
 
E. Grieve/B. Leigh: THAT the Comox Valley Regional District enter into a short term financing agreement in the amount of $150,000 with the Municipal Finance Authority under section 175(1) of the Community Charter for the purchase of a water tanker truck for the Black Creek-Oyster Bay fire protection service;
AND FURTHER THAT this financing be repaid within five years of entering into the agreement.
791(6)Carried
 
Director Leigh left the meeting at 4:08 p.m.
 
 
ELECTORAL AREAS SERVICES COMMITTEE - NOVEMBER 9, 2015
 
 
K. Grant/B. Wells: THAT the electoral areas services committee minutes dated November 9, 2015 be received. [Item] 
791(2)Carried
 
Director Jolliffe declared a potential conflict of interest on the following item and left the meeting at 4:09 p.m.

Vice-chair Theos assumed the role of presiding member.
 
 
E. Grieve/R. Nichol: THAT the board approve the development variance permit DV 1B 15 (Knapfl) on property described as Lot 10, District Lot 239, Comox District, Plan 25620 (1940 Ryan Road East) in order to:
i. reduce the minimum rear yard setback from 7.5 metres to 3.6 metres; and
ii. increase the maximum building height from 6.0 metres to 6.12 metres for a partially constructed one-story accessory building;

AND FINALLY THAT the board authorizes the corporate legislative officer to execute the permit.
791(2), 791(3), 791(13)Carried
 
Director Jolliffe returned to the meeting at 4:10 p.m. and re-assumed the role of presiding member.
 
 
E. Grieve/R. Nichol: THAT the board approve the development variance permit DV 2A 15 (Dyck) to reduce the minimum side yard setback requirement of the existing one-storey building from 3.5 metres to 2.42 metres on property described as Lot 21, District Lot 28, Nelson District, Plan 31464 (4680 Montrose Drive);

AND FINALLY THAT the corporate legislative officer be authorized to execute the permit.
791(2), 791(3), 791(13)Carried
 
E. Grieve/B. Wells: THAT the agenda be varied to consider the addendum.
791(2)Carried
 
E. Grieve/R. Nichol: THAT the correspondence dated November 17, 2015 from A. Robertson regarding the temporary use permit for 3780 and 3786 Colake Road (Courtenay Fish and Game Protective Association) be received. [Item] 
791(2), 791(3), 791(13)Carried
 
E. Grieve/R. Nichol: THAT the board approve issuance of a temporary use permit (TUP 2C 15) to the Courtenay and District Fish and Game Protective Association to allow one boat launch, docks, swimming floats, a campground, limited special events, and limited recreational facilities for a term of three years on property described as That part of Section 33, Township 10, Comox District, Plan 552-H, Included within the Area Shown Outlined in Red on Plan 788 RW (PID: 000-863-840); and Lot 1, Section 33, Township 10, Comox District, Plan VIP78343 (PID: 026-200-881);

AND FURTHER THAT prior to issuance of a temporary use permit (TUP 2C 15), the owner shall provide written confirmation from the public health authority that the water system installed on the properties has received all necessary approvals;

AND FINALLY THAT the board authorize the corporate legislative officer to execute the temporary use permit.
791(2), 791(3), 791(13)Carried
 
R. Nichol/E. Grieve: THAT the board approve a temporary use permit (TUP 1C 15) to enable the property owners to use the health resort building to have principal residential use for three years on property described as Lot A, Block 249, Comox District, Plan 27411, Except Parcel “A” (DD R100949) (8090/8100 Forbidden Plateau Road);

AND FINALLY THAT the board authorize the corporate legislative officer to execute the permit.
791(2), 791(3), 791(13)Carried
 
E. Grieve/R. Nichol: THAT the board approve the farm land development permit DP 17A 15 (Logan) on the property described as Lot B, Section 29, Township 11, Nelson District, Plan 14731 (3704 Minto Road) for the construction of an single detached house within 30 metres of land designated agricultural areas or ALR;

AND FURTHER THAT the corporate legislative officer be authorized to execute the permit.
791(2), 791(3), 791(13)Carried
 
R. Nichol/E. Grieve: THAT the Agricultural Land Commission be advised that the regional district supports Agricultural Land Reserve application ALR 1B 15 (Cameron/Pattison/Borrill) for the non-farm use within the Agricultural Land Reserve to allow the placement of a third dwelling for use by the current property owners on the property known as Lot 22, Block 29, and District Lot 133, Comox District, Plan 2261 (1978 Hardy Road);

AND FURTHER THAT the Comox Valley Regional District recommends the Agricultural Land Commission place a condition on the approval that the third dwelling be restricted to a manufactured home for use of the current property owners and their immediate family;

AND FURTHER THAT the Comox Valley Regional District recommends the Agricultural Land Commission register a section 219 restrictive covenant on title to decommission the third dwelling once it is no longer required by the applicants;

AND FINALLY THAT the application ALR 1B 15 (Cameron/Pattison/Borrill) for the non-farm use of property within the Agricultural Land Reserve be forwarded to the Agricultural Land Commission for final consideration.
791(2), 791(3), 791(13)Carried
 
E. Grieve/R. Nichol: THAT cash in lieu of parkland dedication in the amount of $13,250 be accepted for the subdivision proposal (02498 C 15 - Wenmann), Lot B, Block 29, Comox District, Plan VIP78712 (8700 Oyster River Way) pursuant to Section 941(1)(b) of the Local Government Act;

AND FURTHER THAT the cash in lieu payment of $13,250 be deposited into the Baynes Sound, Areas B and C parks and greenways service parkland acquisition reserve fund.
791(2), 791(3), 791(13)Carried
 
R. Nichol/E. Grieve: THAT the board approve a letter of support to the Ministry of Agriculture of the proposed changes outlined in regulating agri-tourism and farm retail sales in the Agricultural Land Reserve: discussion paper and proposed Minister’s bylaw standards for information, as it supports Comox Valley Regional District long range regional growth strategy and official community plan goals to support agriculture, agri-tourism and food security.
791(2), 791(3), 791(13)Carried
 
E. Grieve/R. Nichol: THAT the board consider first, second and third readings of bylaw No. 395, being the “Special Events Permit Bylaw No. 395, 2015”, which establishes the procedures and policies for special event permit applications with an amendment to raise the threshold to 400 participants for events requiring a special events permit.
791(2), 791(3), 791(13)Carried
 
R. Nichol/E. Grieve: THAT pursuant to section 57 of the Community Charter, the board approves filing a notice with the Land Title and Survey Authority of British Columbia against land legally described as Lot 5, District Lot 128, Comox District, Plan 25907 (1904 Mariner Rd.), building permit no. 9372 for failure to comply with the regional district building inspection service bylaw;

AND FURTHER THAT the notice be filed on January 31, 2016 only if the property owners have not submitted applications for the required building permit and development variance permit.
791(4)Carried
 
E. Grieve/R. Nichol: THAT pursuant to section 57 of the Community Charter, the board approves filing a notice with the Land Title and Survey Authority of British Columbia against land legally described as Lot 8, Block 249, Comox District, Plan 19283 (7988 Forbidden Plateau Rd.), building permit no. 8280 for failure to comply with the regional district building inspection service bylaw.
791(4)Carried
 
B. Wells/M. Theos: THAT subject to approval of 50 per cent funding by participating strata, that the 2016 - 2020 financial plan commit $10,000 of community works funds (CWF) for half of the anticipated condition assessment and asset management plan costs;

AND FURTHER THAT the 2016-2020 financial plan for Electoral Area ‘B’ feasibility study service 152 include $5,000 for a feasibility study to be conducted to assess the viability of establishing a local service area to manage and operate the King Coho WWTP;

AND FINALLY THAT a staff report be presented to the electoral area services committee with the findings of the feasibility study by April 2016.
791(2)Carried
 
E. Grieve/M. Theos: THAT a feasibility study be conducted in two-phases to assess the viability of establishing a local service area to rehabilitate and manage the lower Lazo watershed drainage system;

AND FURTHER THAT the Electoral Area ‘B’ feasibility studies service 152 2016 - 2020 financial plan include $5,000 for possible service establishment costs, and that the 2016 - 2020 financial plan also commit $30,000 of community works funds for capacity building and supporting planning work;

AND FURTHER THAT a staff report on findings of the first phase of a feasibility study be presented to the electoral area services committee by July 2016;

AND FINALLY THAT the Comox Valley Regional District provide a letter of interest to the Department of National Defence expressing interest to enter into negotiations for a contribution agreement with the Department of National Defence for the design and installation of infrastructure supporting the management of the lower Lazo watershed drainage system.
791(2)Carried
 
SEWAGE COMMISSION - NOVEMBER 10, 2015
 
 
M. Theos/E. Grieve: THAT the sewage commission minutes dated November 10, 2015 be received. [Item] 
791(4)Carried
 
COMOX VALLEY WATER COMMITTEE - NOVEMBER 10, 2015
 
 
K. Grant/B. Wells: THAT the Comox Valley water committee minutes dated November 10, 2015 be received. [Item] 
Bylaw 1783Carried
 
COMOX VALLEY SPORTS CENTRE COMMISSION - NOVEMBER 10, 2015
 
 
K. Grant/B. Price: THAT the Comox Valley sports centre commission minutes dated November 10, 2015 be received. [Item] 
791(2)Carried
 
B. Wells/G. Sproule: THAT as a result of a competitive process, a five year contract valued at approximately $210,145 plus applicable taxes, be awarded to PerfectMind for the provision and ongoing support of a recreation management software system, effective January 1, 2016;

AND FURTHER THAT the chair and corporate legislative officer be authorized to execute the agreement.
791(6)Carried
 
B. Wells/K. Grant: THAT the Comox Valley recreation complexes fees and charges bylaw be amended to reflect the proposed new rates for the period of 2016 to 2018.
791(4)Carried
 
COMMITTEE OF THE WHOLE - NOVEMBER 10, 2015
 
 
E. Grieve/R. Nichol: THAT the committee of the whole minutes dated November 10, 2015 be received. [Item] 
791(2)Carried
 
K. Grant/G. Sproule: THAT the board support BC Transit’s recommendation to implement the improved Handydart registration process on a permanent basis for all new applications, and that staff report back to the board in one year.
791(4)Carried
 
K. Grant/M. Theos: THAT the board approve the revised special service policy guideline for the Comox Valley transit service as attached in Appendix A to the report dated October 28, 2015. [Item] 
791(4)Carried
 
K. Grant/E. Grieve: THAT the Comox Valley exhibition grounds fees and charges bylaw be amended to reflect the proposed new rates effective January 1, 2016.
791(4)Carried
 
B. Wells/K. Grant: THAT the Comox Valley Regional District commit $6,000 from the Electoral Area ‘C’ feasibility studies function 2016 budget to conduct an investigation into the scope of the Saratoga Beach mosquito problem and if required, develop options and cost estimates for mosquito population abatement in this area.
791(2)Carried
 
K. Grant/B. Wells: THAT the 2014 regional growth strategy annual report be approved for publishing on the Comox Valley Regional District website.
791(2), 791(3)Carried
 
K. Grant/E. Grieve: THAT the “Comox Valley Regional District Records Management Program Bylaw No. 404, 2015” be considered for approval;

AND FURTHER THAT the records management policy dated February 2006 be repealed upon adoption of Bylaw No. 404.
791(2)Carried
 
SOUTH SEWER SELECT COMMITTEE - NOVEMBER 18, 2015
 
 
K. Grant/E. Grieve: THAT the south sewer select committee minutes dated November 18, 2015 be received. [Item] 
791(2)Carried
 
BYLAWS AND RESOLUTIONS:
K. Grant/E. Grieve: THAT Bylaw No. 402 being "Comox Valley Recreation Complexes Fees and Charges Bylaw No. 12, 2008, Amendment No. 6" be given first and second readings concurrently. [Item] 
791(4)Carried
 
K. Grant/B. Wells: THAT Bylaw No. 402 being "Comox Valley Recreation Complexes Fees and Charges Bylaw No. 12, 2008, Amendment No. 6" be given third reading.
791(4)Carried
 
B. Wells/M. Theos: THAT Bylaw No. 404 being "Comox Valley Regional District Records Management Program Bylaw No. 404, 2015" be given first and second readings concurrently. [Item] 
791(2)Carried
 
B. Wells/K. Grant: THAT Bylaw No. 404 being "Comox Valley Regional District Records Management Program Bylaw No. 404, 2015" be given third reading.
791(2)Carried
 
E. Grieve/M. Theos: THAT Bylaw No. 403 being "Comox Valley Exhibition Grounds Fees and Charges Bylaw No. 244, 2013, Amendment No. 2" be given first and second readings concurrently. [Item] 
791(4)Carried
 
M. Theos/K. Grant: THAT Bylaw No. 403 being "Comox Valley Exhibition Grounds Fees and Charges Bylaw No. 244, 2013, Amendment No. 2" be given third reading.
791(4)Carried
 
M. Theos/B. Wells: THAT Bylaw No. 403 being "Comox Valley Exhibition Grounds Fees and Charges Bylaw No. 244, 2013, Amendment No. 2" be adopted.
791(4)Carried
 
(NOTE: the above resolution received more than the required two-thirds of the votes cast for approval)
 
 
E. Grieve/B. Wells: THAT Bylaw No. 399 being "Black Creek Community Centre Contribution Service Establishment Bylaw No. 47, 2009, Amendment No. 1" be adopted. [Item] 
791(2)Carried
 
B. Wells/R. Nichol: THAT Bylaw No. 400 being "Comox Valley Regional District 2015 to 2019 Financial Plan and Capital Expenditure Program Bylaw No. 365, Amendment No. 1" be adopted. [Item] 
791(6)Carried
 
M. Theos/G. Sproule: THAT Bylaw No. 401 being "Revenue Anticipation Borrowing Bylaw No. 401, 2016" be adopted. [Item] 
791(6)Carried
 
NEW BUSINESS:
VANCOUVER ISLAND REGIONAL LIBRARY - 2016 BOARD APPOINTMENT
 
 
K. Grant/B. Price: THAT the correspondence dated November 5, 2015 from the Vancouver Island Regional Library regarding a 2016 appointment to the Vancouver Island Regional Library board of directors be received. [Item] 
791(2)Carried
 
B. Wells/G. Sproule: THAT the following appointments be made to the 2016 Vancouver Island Regional Library board:
- Member: Director Jolliffe and
- Alternate member: Director Nichol.
791(2)Carried
 
ADJOURN IN-CAMERA:
 
 
The board adjourned to its in-camera session at 4:32 p.m.
 
 
RISE AND REPORT:
 
 
The board rose from its restricted in-camera session at 6:13 p.m. and reported the following:
 
 
- "THAT the Comox Valley Regional District board approve the request for proposal dated November 18, 2015 to obtain an external recruitment firm to conduct the search for a chief administrative officer."
 
 
TERMINATION
K. Grant/E. Grieve: THAT the meeting terminate.
791(2)Carried
 
Time: 6:13 p.m.
 
 
 Confirmed this 26th day of January, 2016:


____________________________________
Bruce Jolliffe
Chair
 
Certified Correct and Recorded By:


____________________________________
James Warren
Corporate Legislative Officer
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