NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD


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Tuesday, June 26, 2018
Boardroom of the regional district offices, 550B Comox Road, Courtenay, BC commencing at 4:00 p.m.

Note: The in-camera session of the board meeting will commence immediately following the open session.

NOTE: Director Leigh, Electoral Area D (Oyster Bay - Buttle Lake), may attend the portion of this meeting to consider items F.6; G.4 and G.5 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. RECOGNITION OF TRADITIONAL TERRITORIES:
B. IN-CAMERA MEETING:
Recommendation:
 
THAT the board adjourn to an in-camera session pursuant to the following sub-sections 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 committee/board considers that disclosure might reasonably be expected to harm the interests of the municipality;

AND FINALLY THAT the in-camera portion convene immediately following the open portion of the meeting.
208All1 person/1 vote
 
C. ADOPTION OF MINUTES:
Comox Valley Regional District Board minutes dated June 5, 2018 for adoption. [Item
208All1 person/1 vote
 
D. BUSINESS ARISING FROM MINUTES:
E. PETITIONS AND DELEGATIONS:
F. REPORTS:
1) COMOX VALLEY SPORTS CENTRE COMMISSION - MAY 15, 2018
 
Recommendation # 1:
 
THAT the board enter into an agreement with the Comox Valley Glacier Kings Junior B Hockey Club for the construction and operation of a dressing room at the Comox Valley Sports Centre site.
210AllWeighted
 
Note: the minutes of the May 15, 2018 Comox Valley Sports Centre Commission meeting were received by the board at the June 5, 2018 meeting.
 
2) BOARD OF VARIANCE - MAY 30, 2018
 
Board of Variance minutes dated May 30, 2018 for receipt. [Item
208All1 person/1 vote
 
3) COMMITTEE OF THE WHOLE - JUNE 5, 2018
 
Committee of the Whole minutes dated June 5, 2018 for receipt. [Item
208All1 person/1 vote
 
4) SEWAGE COMMISSION - JUNE 12, 2018
 
Sewage Commission minutes dated June 12, 2018 for receipt. [Item
208All1 person/1 vote
 
5) COMMITTEE OF THE WHOLE - JUNE 12, 2018
 
Committee of the Whole minutes dated June 12, 2018 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the 2017 Statement of Financial Information for the Comox Valley Regional District be approved.
208All1 person/1 vote
 
Recommendation #2
 
THAT the board provide a letter of support to INFilm for the proposed shooting of the feature film entitled "Sonic" from September 13, 2018 to September 17, 2018 on the Island Highway 19 from the Buckley Bay interchange south to the Cook Creek interchange.
208All1 person/1 vote
 
6) BLACK CREEK - OYSTER BAY SERVICES COMMITTEE - JUNE 18, 2018
 
Black Creek - Oyster Bay Services Committee minutes dated June 18, 2018 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT Bylaw No. 5 being the “Black Creek/Oyster Bay Water Service Regulation, Fees and Charges Bylaw No. 5, 2008” be amended as per the revised bylaw attached as Appendix A to the staff report dated June 13, 2018.
209C, DWeighted
 
Recommendation #2
 
THAT the proposed changes to Schedule A of Bylaw No. 519 being the “Black Creek – Oyster Bay Water Conservation Bylaw No. 519, 2018” be adopted.
209C, DWeighted
 
Recommendation #3
 
THAT the board approve the extension and amendment of the current Fire and Rescue Services Mutual Aid Agreement with the City of Campbell River, City of Courtenay, Town of Comox, Village of Cumberland, Union Bay Improvement District, and the Ships Point Improvement District, for a five-year term (May 10, 2018 – May 10, 2023), as outlined in staff report dated June 11, 2018;

AND FINALLY THAT the Chair and Corporate Legislative Officer be authorized to execute the agreement.
210AllWeighted
 
Note: this recommendation was also considered and endorsed by the Electoral Areas Services Committee on June 18, 2018.
 
7) ELECTORAL AREAS SERVICES COMMITTEE - JUNE 18, 2018
 
Electoral Areas Services Committee minutes dated June 18, 2018 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the board approve the Development Variance Permit DV 5A 18 (Goodridge & Turriff - Tozer Road) to increase the maximum permitted height for an accessory building from 6.0 metres to 6.5 metres for property described as Lot 50, Section 2, Newcastle District, Plan 22008, PID 000-176-982;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
Recommendation #2
 
THAT the board give first and second readings to Bylaw No. 538, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 75” which rezones Lot A, District Lot 136, Comox District, Plan 8418, PID 005-548-926 (4320 & 4356 Camco Road, Wing) from Country Residential One (CR-1) to Country Residential One Exception 8 (CR-1-8);

AND FINALLY THAT pursuant to Section 464(1) of the Local Government Act (RSBC, 2015, c.1), the board schedule a public hearing for Bylaw No. 538, being the “Comox Valley Zoning Bylaw, 2005, amendment No. 75” (RZ 1C 18).
208 and 213A, B, C1 person/1 vote
 
Recommendation #3
 
THAT Zoning Bylaw Amendment Application RZ 2C 18 to permit Water and Beverage Bottling use on the property described as Lot C, Block 29, Comox District, Plan 25306, PID 002-904-713 (2410 Sackville Road) proceed to public hearing following first reading of the bylaw.
208 and 213A, B, C1 person/1 vote
 
Recommendation #4
 
THAT the board approve a fee refund request from the owners of 1808, 1814, 1810, 1806, 1796, 1800, 1798, 1826 and 1818 Astra Road (files DP 9B 17, DP 10B 17, DP 11B 17, DP 12B 17, DP 13B 17, DP 14B 17, DP 15B 17, DP 18B 17and DP 21B 17), on the basis of a 50 per cent refund of the original application fee.
208 and 213A, B, C1 person/1 vote
 
Recommendation #5
 
THAT the board endorse the agency referral list as outlined in Appendix D of staff report dated June 13, 2018, and direct staff to commence the external agency referral process for the draft Rural Comox Valley Zoning Bylaw (CVRD - Comprehensive Zoning Bylaw Review);

AND FINALLY THAT Comox Valley Regional District staff consult with First Nations in accordance with the Referrals Management Program dated September 25, 2012.
208 and 213A, B, C1 person/1 vote
 
Recommendation #6
 
THAT proposed Bylaw No. 514 being the “Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment 3”, which removes Section 44.(6) of the Official Community Plan that requires parcels proposed for subdivision in accordance with Section 514 of the Local Government Act (RSBC, 2015, c. 1) be two times the size of the minimum parcel size required in the zoning, be given first and second reading;

AND THAT the Comox Valley Regional District Board endorse the agency referral list as outlined in Appendix B, of staff report dated June 7, 2018, and direct staff to start the external agency referral process as part of a proposed amendment of Bylaw No. 514;

AND FINALLY THAT Comox Valley Regional District staff consult with First Nations in accordance with the referrals management program dated September 25, 2012.
208 and 213A, B, C1 person/1 vote
 
Recommendation #7
 
THAT the board approve the request to modify the restrictive covenant (EG126032) to reduce the flood construction level from 3.0 metres to 1.5 metres for the property described as That Part of District Lot 47, New Castle District, Lying to the South of the Centre Line of Coal Creek, Except that Part in the Right of Way of the Esquimalt and Nanaimo Railway Company as Registered under No. 5964F and Except Part in Plans 391R, VIP57345, VIP61292, VIP61649 and VIP61961, PID 009-670-301 (7861 MacArtney Drive – Shirkie and Au);

AND FINALLY THAT a Comox Valley Regional District officer be authorized to sign the modification instrument attached as Appendix B to the staff report dated June 5, 2018.
208 and 213A, B, C1 person/1 vote
 
Recommendation #8
 
THAT the Forbidden Plateau Road area residents (via the Forbidden Plateau Road Association – FPRA) be notified of any relevant community meetings and/or consultation opportunities associated with the Community Wildfire Protection Plan for the purpose of identifying future grant applications.
207All1 person/1 vote
 
Recommendation #9
 
THAT Comox Valley Regional District be open to Forbidden Plateau Road Association funding applications for an eligible community project under a future intake of the Union of BC Municipalities’ Strategic Wildfire Prevention FireSmart program.
207All1 person/1 vote
 
Recommendation #10
 
THAT the Comox Valley Regional District be open to requests from the Forbidden Plateau Residents Association (or applicable organization) to help facilitate access to grant programs in support of community-led fire protection.
207All1 person/1 vote
 
Recommendation #11
 
THAT the ‘Financial Fairness for Capital Assets (Greater Comox Valley Water Distribution Service Policy’ be approved;

AND FURTHER THAT bylaws to repeal expired services and unnecessary parcel taxes, amend existing parcel taxes, transfer reserve funds and introduce new parcel taxes be considered by the board be adopted;

AND FINALLY THAT the communication strategy presented in Appendix G to the staff report dated June 13, 2018 be approved in order to inform the residents and property owners in the Greater Comox Valley Water Distribution Service about the administrative changes and financial impacts.
209A, B, CWeighted
 
Recommendation #12
 
THAT Bylaw No.111 being the “Royston Water Service Regulation, Fees and Charges Bylaw No.111, 2010” be amended as per the revised bylaw attached as Appendix A.
207All1 person/1 vote
 
Recommendation #13
 
THAT Bylaw No.2866 being the “Comox Valley Water Systems Regulation, Fees and Charges Bylaw No.2866, 2006” be amended as per the revised bylaw attached as Appendix B.
209A, B, CWeighted
 
8) COMOX VALLEY SPORTS CENTRE COMMISSION - JUNE 19, 2018
 
Comox Valley Sports Centre Commission minutes dated June 19, 2018 for receipt. [Item
208All1 person/1 vote
 
9) COMOX VALLEY WATER COMMITTEE - JUNE 19, 2018
 
Comox Valley Water Committee minutes dated June 19, 2018 for receipt. [Item
208All1 person/1 vote
 
10) REGIONAL GROWTH STRATEGY AMENDMENT: PROPOSED CHANGES TO AMENDMENT PROCESS
 
Report dated June 20, 2018 providing the board with recommendations from the Regional Growth Strategy (RGS) Steering Committee regarding proposed amendments to Section 5.2, Amendments to the RGS for receipt. [Item
208 and 212All1 person/1 vote
 
Recommendation:
 
THAT the Regional Growth Strategy Steering Committee recommend that the Comox Valley Regional District Board initiate an amendment to the Regional Growth Strategy pertaining to process-related language in Section 5.2, Amendments to the RGS, of the Regional Growth Strategy, Bylaw No. 120, being the “Comox Valley Regional District Regional Growth Strategy Bylaw No. 120, 2010”;

AND FURTHER THAT the Regional Growth Strategy Steering Committee recommend that the Comox Valley Regional District Board consider changes to Section 5.2, proposed in Appendix A, of this report, dated June 20, 2018, as a standard amendment;

AND FURTHER THAT the Regional Growth Strategy Steering Committee recommend that the Comox Valley Regional District Board adopt the Consultation Plan, appended to this report as Appendix B, as the required Consultation Plan;

AND FINALLY THAT the Regional Growth Strategy Steering Committee recommend that the Comox Valley Regional District Board provide written notice of the initiation of an amendment to affected local governments and the Minister of Municipal Affairs and Housing.
208 and 212All1 person/1 vote
 
11) COMOX VALLEY REGIONAL DISTRICT DIRECTORS - ACTIVITIES FOR YEAR ENDING DECEMBER 31, 2017
 
Report from Director Grant dated June 13, 2018 providing business activities conducted from January to December 2017 for receipt. [Item
208All1 person/1 vote
 
G. BYLAWS AND RESOLUTIONS:
First reading
 
1) RECOMMENDATION for Bylaw No. 543 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 76" (MacKenzie & Heynck - 2410 Sackville Road)
 
THAT Bylaw No. 543 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 76" be given first reading. [Item
208 and 213A, B, C1 person/1 vote
 
First and second readings
 
2) RECOMMENDATION for Bylaw No. 514, being the "Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 3"
 
THAT Bylaw No. 514, being the "Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 3" be given first and second readings concurrently. [Item
208 and 213A, B, C1 person/1 vote
 
3) RECOMMENDATION for Bylaw No. 538, being “Comox Valley Zoning Bylaw, 2005, Amendment No. 75” (Wing - 4320 & 4356 Camco Road)
 
THAT Bylaw No. 538 being “Comox Valley Zoning Bylaw, 2005, Amendment No. 75” be given first and second readings concurrently. [Item
208 and 213A, B, C1 person/1 vote
 
First, second and third reading
 
4) RECOMMENDATIONS for Bylaw No. 544 being “Black Creek - Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 8”
 
THAT Bylaw No. 544 being “Black Creek - Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 8” be given first and second readings concurrently. [Item
209C, DWeighted
 
THAT Bylaw No. 544 being “Black Creek - Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 8” be read a third time.
209C, DWeighted
 
5) RECOMMENDATIONS for Bylaw No. 545 being “Black Creek – Oyster Bay Water Conservation Bylaw No. 519, 2018, Amendment No. 1”
 
THAT Bylaw No. 545 being “Black Creek – Oyster Bay Water Conservation Bylaw No. 519, 2018, Amendment No. 1” be given first and second readings concurrently. [Item
209C, DWeighted
 
THAT Bylaw No. 545 being “Black Creek – Oyster Bay Water Conservation Bylaw No. 519, 2018, Amendment No. 1” be read a third time.
209C, DWeighted
 
6) RECOMMENDATIONS for Bylaw No. 546 being "Comox Valley Water Systems Regulation Fees, and Charges Bylaw No. 2866, 2006, Amendment No. 12"
 
THAT Bylaw No. 546 being "Comox Valley Water Systems Regulation Fees, and Charges Bylaw No. 2866, 2006, Amendment No. 12" be given first and second readings concurrently. [Item
209A, B, CWeighted
 
THAT Bylaw No. 546 being "Comox Valley Water Systems Regulation Fees, and Charges Bylaw No. 2866, 2006, Amendment No. 12" be read a third time.
209A, B, CWeighted
 
7) RECOMMENDATIONS for Bylaw No. 547 being "Royston Water Service Regulation, Fees and Charges Bylaw, 2010, Amendment No. 2"
 
THAT Bylaw No. 547 being "Royston Water Service Regulation, Fees and Charges Bylaw, 2010, Amendment No. 2" be given first and second readings concurrently. [Item
207All1 person/1 vote
 
THAT Bylaw No. 547 being "Royston Water Service Regulation, Fees and Charges Bylaw, 2010, Amendment No. 2" be read a third time.
207All1 person/1 vote
 
Adoption
 
8) RECOMMENDATION for Bylaw No. 522 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 73" (1671, 1673 and 1675 Ryan Road East)
 
THAT Bylaw No. 522 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 73" (1671, 1673 and 1675 Ryan Road East, Lenco Development Ltd., Fernco Development Ltd., and Norco Development Ltd.) be adopted. [Item
208 and 213A, B, C1 person/1 vote
 
9) RECOMMENDATION for Bylaw No. 536 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010, Amendment No. 6”
 
THAT Bylaw No. 536 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010, Amendment No. 6” be adopted. [Item
209A, B, CWeighted
 
10) RECOMMENDATION for Bylaw No. 540 being "Comox Valley Recreation Complexes Fees and Charges Bylaw No. 12, 2008, Amendment No. 7"
 
THAT Bylaw No. 540 being "Comox Valley Recreation Complexes Fees and Charges Bylaw No. 12, 2008, Amendment No. 7" be adopted. [Item
209AllWeighted
 
11) RECOMMENDATION for Bylaw No. 541 being "Comox Valley Exhibition Grounds Fees and Charges Bylaw No. 244, 2013, Amendment No. 4"
 
THAT Bylaw No. 541 being "Comox Valley Exhibition Grounds Fees and Charges Bylaw No. 244, 2013, Amendment No. 4" be adopted. [Item
209AllWeighted
 
12) RECOMMENDATION for Bylaw No. 542 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 13"
 
THAT Bylaw No. 542 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 13" be adopted. [Item
209AllWeighted
 
H. NEW BUSINESS:
1) PUBLIC HEARING NOTICE - BYLAW NO. 514 & BYLAW NO. 538
 
New business notice dated June 19, 2018 regarding the scheduling of a public hearing for Bylaw No. 514 being "Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 3" (CVRD) and for Bylaw No. 538 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 75" (Wing - 4320 & 4356 Camco Rd.), for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
WHEREAS the following bylaws have received first and second readings by the regional district board:

- Bylaw No. 514 being "Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 3"; and
- Bylaw No. 538 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 75";

AND WHEREAS, pursuant to Section 464 (1) of the Local Government Act [RSBC 2015, c.1], it is necessary to hold a public hearing on the aforementioned bylaws;

THEREFORE BE IT RESOLVED THAT:

1. A public hearing will be held on July 17, 2018 at 6:00 pm;

2. The location of the public hearing will be at the Comox Valley Regional District boardroom located at 550b Comox Road, Courtenay, BC;

3. Director _____________ is appointed as chair of the public hearing;

4. Director _____________ is appointed as vice chair of the public hearing;

5. The directors from Electoral Areas A, B, and C are appointed to attend the public hearing; and

6. At least one (1) of the above-named persons must be in attendance at the public hearing.
208 and 213A, B, C1 person/1 vote
 
2) PUBLIC HEARING NOTICE - BYLAW NO. 543
 
New business notice dated June 19, 2018 regarding the scheduling of a public hearing for Bylaw No. 543 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 76" (MacKenzie & Heynck - 2410 Sackville Road) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
WHEREAS the following bylaw has received first reading by the regional district board:

- Bylaw No. 543 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 76" (MacKenzie & Heynck - 2410 Sackville Road)

AND WHEREAS, pursuant to Section 464 (1) of the Local Government Act [RSBC 2015, c.1], it is necessary to hold a public hearing on the aforementioned bylaw;

THEREFORE BE IT RESOLVED THAT:

1. A public hearing will be held on July 23, 2018 at 6:00 pm;

2. The location of the public hearing will be at the Conference Hall in the Florence Filberg Centre located at 411 Anderton Avenue, Courtenay, BC;

3. Director _____________ is appointed as chair of the public hearing;

4. Director _____________ is appointed as vice chair of the public hearing;

5. The directors from Electoral Areas A, B, and C are appointed to attend the public hearing; and

6. At least one (1) of the above-named persons must be in attendance at the public hearing.
208 and 213A, B, C1 person/1 vote
 
3) DIRECTOR JANGULA - PUBLIC OPINION QUESTION ON GOVERNANCE STRUCTURE REVIEW
 
Correspondence dated June 19, 2018 from Director Jangula requesting the board's consideration of sending a request to the City of Courtenay, Town of Comox, the Village of Cumberland and the Electoral Areas Services Committee to add a non-binding question regarding a governance review to the ballot for the 2018 general local elections, for receipt. [Item
208All1 person/1 vote
 
Requested Action:
 
THAT the councils for the City of Courtenay, Town of Comox and the Village of Cumberland and the Electoral Areas Services Committee be requested to consider including the following non-binding question on their ballots on October 20, 2018:

"Are you in favour of conducting a study, in partnership with the Province of BC, to review the governance structures and policies of (insert local government name here) and other local governments within the Comox Valley to consider the feasibility and implications of restructure?”

YES or NO

AND FINALLY THAT up to $10,000 from the CVRD’s member municipalities and electoral areas administration services be used to support the Comox Valley Chamber of Commerce in promoting awareness and a clear understanding about this referendum.
208All1 person/1 vote
 
4) DIRECTOR GRIEVE - MERVILLE CENTENNIAL CELEBRATION
 
Correspondence dated June 21, 2018 regarding the centennial celebration of the Merville Soldiers’ Settlement community and requesting the board's consideration of sending greetings and an invitation to officials from Merville, France, for receipt. [Item
208All1 person/1 vote
 
Requested Action:
 
THAT the Comox Valley Regional District send a letter of introduction and a brief summary of the history of the Merville Community (Comox Valley) to Mayor Helen-
Marcel, Mayor of the Town of Ailly-sur Noye, to support the Merville, BC Centennial Celebrations in 2019;

AND FURTHER THAT a separate formal invitation be sent to Mayor Helen-Marcel to attend (or an appointed councillor) the Merville Centennial Celebrations in 2019.
208All1 person/1 vote
 
5) DIRECTOR JOLLIFFE - GRANT-IN-AID
 
Correspondence from Director Jolliffe requesting the board's consideration of providing a grant-in-aid payable from Electoral Area 'A' to the Fallen Alders Community Club for receipt. [Item
208All1 person/1 vote
 
Requested Action:
 
THAT the following grant-in-aid, payable from Electoral Area ‘A’ (Baynes Sound), be approved:

$1,500.00 for the Fallen Alders Community Club to assist with facility improvements and maintenance.
208All1 person/1 vote
 
I. ADDENDUM - UPON APPROVAL OF THE BOARD:
J. MEDIA QUESTIONS:
K. TERMINATION:
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