NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD


Tuesday, December 18, 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.3 and G.1 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 sections 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 municipality or another position appointed by the municipality;
- 90(1)(c) Labour relations or employee negotiations;
- 90(1)(e) the acquisition, disposition or expropriation of land or improvements, if the board considers that disclosure could reasonably be expected to harm the interests of the regional district;
- 90(1)(g) Litigation or potential litigation affecting the regional district;

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 October 2, 2018 for adoption. [Item
208All1 person/1 vote
 
Comox Valley Regional District Board minutes dated November 20, 2018 for adoption. [Item
208All1 person/1 vote
 
Comox Valley Regional District Board minutes dated November 27, 2018 for adoption. [Item
208All1 person/1 vote
 
Comox Valley Regional District Board minutes dated December 4, 2018 for adoption. [Item
208All1 person/1 vote
 
D. BUSINESS ARISING FROM MINUTES:
E. PETITIONS AND DELEGATIONS:
1) COMOX VALLEY EARLY YEARS COLLABORATIVE
 
Joanne Schroeder in attendance to request that the board collaborate with other Comox Valley municipalities to apply for funding that is available through the Ministry of Children and Family Development to create a community child care plan. [Item
 
Requested action:
 
THAT the Comox Valley Regional District support an integrated community child care plan for the Comox Valley;

AND FURTHER THAT Director __________ be appointed to the CVEYC Child Care Planning Committee;

AND FINALLY THAT subject to the Comox Valley Early Years Collaborative drafting the grant application and providing all reporting requirements, the Board authorizes the submission of a grant application in cooperation with member municipalities to the Ministry of Children and Family Development's Community Child Care Space Creation Program for the creation of a community child care plan.
208All1 person/1 vote
 
Note: In accordance with section 6 of the Comox Valley Regional District Procedure Bylaw No. 1, 2008, the board may resolve, by a two-thirds affirmative vote of the members present, to consider the request immediately.
 
F. REPORTS:
1) CVRD BOARD ORIENTATION
 
A brief overview of the following topics will be provided:
• Financial Planning
• Advocacy
 
2) BOARD OF VARIANCE - NOVEMBER 13, 2018
 
Minutes of the Board of Variance meeting dated November 13, 2018 for receipt. [Item
208All1 person/1 vote
 
3) BLACK CREEK - OYSTER BAY SERVICES COMMITTEE - DECEMBER 3, 2018
 
Black Creek - Oyster Bay Services Committee minutes dated December 3, 2018 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the board consider three readings and subsequent adoption of Bylaw No. 567 being “Black Creek/Oyster Bay Fire Protection Local Service Area Conversion/Establishment Bylaw No. 1964, 1997, Amendment No. 6” to amend the boundary of the Black Creek Oyster Bay Fire Protection Service Area to include the property located at 7550 Sturgess Road, Black Creek, as outlined in the staff report dated November 26, 2018.

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.
209C, DWeighted
 
4) ELECTORAL AREAS SERVICES COMMITTEE - DECEMBER 3, 2018
 
Electoral Areas Services Committee minutes dated December 3, 2018 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the board approve the Development Variance Permit DV 6A 18 (Bell) to decrease the minimum rear yard setback for an accessory building from 7.5 metres to 4.0 metres with the condition that a fence be maintained along the rear yard for the life of the carport for a property described as Lot 7, Section 28, Township 11, Nelson District, Plan VIP83163, PID 027-081-516 (3675 Eagleview Drive);

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 approve Development Variance Permit DV 3C 18 (000-878-120) to reduce the minimum road frontage from 10 per cent of the lot’s perimeter to 5 per cent for the property currently described as Part of Section 34, Township 9, Comox District, Plan 552G (PID 000-878-120) for the purposes of a lot line adjustment;

AND THAT the board approve and Development Variance Permit DV 3C 18 (000-878-162) to reduce the minimum road frontage from 10 per cent of the lot’s perimeter to 1.5 per cent for the property currently described as Part of Section 33, Township 9, Comox District, Plan 552G (PID 000-878-162) for the purposes of a lot line adjustment;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permits.
208 and 213A, B, C1 person/1 vote
 
Recommendation #3
 
THAT the board approve the Development Variance Permit DV 4C 18 (Turnbull) to increase the maximum permitted height for an accessory building from 6.0 metres to 7.0 metres for property described as Lot D, Section 25, Township 6, Comox District, Plan VIP65412, PID 023-785-021 (6540 Eagles Drive);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
Recommendation #4
 
THAT the board grant a site specific exemption of the floodplain specifications that reduces floodplain setback from 60 metres to 40 metres for the proposed dwelling on Lot 21 Block 29 Comox District Plan VIP79847 (9560 Sarmma Road);

AND FINALLY THAT, as a condition of the site specific exemption, the Comox Valley Regional District building services department not issue final occupancy for the dwelling on the property described as Lot 21 Block 29 Comox District Plan VIP79847 (9560 Sarmma Road) until the applicants, at their own expense, register a restrictive covenant under section 219 of the Land Title Act, specifying conditions that would enable the land to be safely used for the use intended according to the terms of the professional engineer’s report by Johannes Fischer, P.Eng., and Chris Hudec, P.Eng., of Lewkowich Engineering Associates Ltd, dated July 3, 2018, which will form part of the restrictive covenant, as well as an acknowledgement that no Disaster Financial Assistance funding is available for the building or its contents and releasing and indemnifying the Comox Valley Regional District from liability in the event any damage is caused by flooding or erosion.
208 and 213A, B, C1 person/1 vote
 
Recommendation #5
 
THAT the Agricultural Land Commission be advised that the Comox Valley Regional District supports Agricultural Land Reserve application ALR 5C 18 (Thorburn) on lands known as Part Lot 1, District Lot 112, Comox District, Plan 10659, PID 005-240-891 (3429 Cessford Road), for the purpose adding a second dwelling to a property;

AND FURTHER THAT the Comox Valley Regional District recommend a section 219 restrictive covenant be registered on title requiring the removal of the second dwelling prior to the transfer of the property to new owners;

AND FINALLY THAT the application ALR 5C 18 be forwarded to the Agricultural Land Commission.
208 and 213A, B, C1 person/1 vote
 
Recommendation #6
 
THAT the board approve entering into an agreement with the Town of Comox for the provision of fire protection and emergency assistance services to the Bates-Huband Fire Protection Local Service Area for a five-year term (January 1, 2019 to December 31, 2023).

AND FURTHER THAT the Chair and Corporate Legislative Officer be authorized to execute the agreement.
210AllWeighted
 
Recommendation #7
 
THAT staff be directed to complete an application for the Community, Culture and Recreation grant for Shingle Spit boat ramp;

AND FURTHER THAT the expenditure contribution required from the local government be approved in the 2019 financial planning process for an amount not exceeding $95,000 from the Hornby Island Community Parks & Greenways Capital Works Reserve (828) Fund.
207All1 person/1 vote
 
5) SEWAGE COMMISSION - DECEMBER 4, 2018
 
Sewage Commission minutes dated December 4, 2018 for receipt. [Item
208All1 person/1 vote
 
6) COMOX VALLEY WATER COMMITTEE - DECEMBER 4, 2018
 
Comox Valley Water Committee minutes dated December 4, 2018 for receipt. [Item
208All1 person/1 vote
 
7) COMOX VALLEY SPORTS CENTRE COMMISSION - DECEMBER 4, 2018
 
Comox Valley Sports Centre Commission minutes dated December 4, 2018 for receipt. [Item
208All1 person/1 vote
 
8) COMMITTEE OF THE WHOLE - DECEMBER 4, 2018
 
Committee of the Whole minutes dated December 4, 2018 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the Comox Valley Regional District Board support hosting the 2019 Community to Community forum;

AND FURTHER THAT the Comox Valley Regional District Board provide funding up to $5,000 in cash or in kind to be funded 50/50 from the Comox Valley Regional District municipal administration (01-2-100-387) and electoral area administration (01-2-130-387) to organize the forum;

AND FINALLY THAT staff be authorized to send invitations to the councils of each member municipality and K’ómoks First Nation.
208All1 person/1 vote
 
Recommendation #2
 
THAT appointments be made to the following external organizations for the 2018 - 2022 term and that remuneration and expenses are paid for each, provided remuneration and/or expenses are not paid directly by the external organization:
• Community Justice Centre of the Comox Valley: Director Grieve (appointee); and Director Hamir (alternate);
• Comox Valley Community Health Network Coordinating Circle: Director Hamir (appointee); and Director Grieve (alternate);
• Comox Valley Social Planning Council: Director Hamir (appointee); and Director Grieve (alternate);
• Forbidden Plateau Reclamation Society: Director Grieve (appointee); and Director Arbour (alternate);
• Municipal Finance Authority: Director Grieve (appointee); and Director Hamir (alternate); and
• Island Corridor Foundation: Director Arbour (appointee); and Director Frisch (alternate).
208All1 person/1 vote
 
Recommendation #3
 
THAT Rod Nichol (appointee) and Director Hillian (alternate) be appointed to the Ministry of Indigenous Relations and Reconciliation for the K’ómoks First Nation treaty negotiation process for 2019;

AND FURTHER THAT remuneration and expenses be paid provided remuneration and/or expenses are not paid directly by the external organization.
208All1 person/1 vote
 
CAO Follow-up Recommendation:
 
WHEREAS the Board has appointed Rod Nichol to the Ministry of Indigenous Relations and Reconciliation for the K’ómoks First Nation treaty negotiation process for 2019,

AND WHEREAS Bylaw No. 236 being “Comox Valley Regional District Remuneration and Expenses Bylaw 2012” does not provide for non-directors to be paid remuneration or expenses;

THEREFORE BE IT RESOLVED that Rod Nichol be paid an honorarium of $160 and be reimbursed for associated expenses incurred for formal meetings attended in 2019 and during the last quarter of 2018.
208All1 person/1 vote
 
9) AUDIT SERVICE PLAN
 
Report dated September 28, 2018 presenting the 2018 audit service plan for the Comox Valley Regional District (CVRD) to the Board as submitted by the audit firm of MNP LLP for receipt. [Item
208All1 person/1 vote
 
10) REGIONAL GROWTH STRATEGY STANDARD AMENDMENT - SECTION 5.2 CHANGES
 
Report dated December 6, 2018 regarding third reading and adoption of Bylaw No. 539 being “Comox Valley Regional District Regional Growth Strategy Bylaw No. 120, 2010, Amendment No. 1”, for receipt. [Item
208 and 212All1 person/1 vote
 
Recommendation:
 
THAT the board give third reading to Bylaw No. 539, Appendix A to this staff report dated December 6, 2018, being the “Comox Valley Regional District Regional Growth Strategy Bylaw No. 120, 2010, Amendment No. 1” which amends Part 5, Implementation and Monitoring, in order to make changes to the minor amendment process;

AND THAT the board adopt Bylaw No. 539 being “Comox Valley Regional District Regional Growth Strategy Bylaw No. 120, 2010, Amendment No. 1”.
208 and 212All1 person/1 vote
 
G. BYLAWS AND RESOLUTIONS:
First, second and third readings
 
1) RECOMMENDATIONS for Bylaw No. 567 being “Black Creek/Oyster Bay Fire Protection Local Service Area Conversion/Establishment Bylaw No. 1964, 1997, Amendment No. 6”
 
THAT Bylaw No. 567 being “Black Creek/Oyster Bay Fire Protection Local Service Area Conversion/Establishment Bylaw No. 1964, 1997, Amendment No. 6” be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 567 being “Black Creek/Oyster Bay Fire Protection Local Service Area Conversion/Establishment Bylaw No. 1964, 1997, Amendment No. 6” be read a third time.
208All1 person/1 vote
 
Third reading and final adoption
 
2) RECOMMENDATIONS for Bylaw No. 539 being "Comox Valley Regional District Regional Growth Strategy Bylaw No. 120, 2010, Amendment No. 1"
 
THAT Bylaw No. 539 being "Comox Valley Regional District Regional Growth Strategy Bylaw No. 120, 2010, Amendment No. 1" be read a third time. [Item
208 and 212All1 person/1 vote
 
THAT Bylaw No. 539 being "Comox Valley Regional District Regional Growth Strategy Bylaw No. 120, 2010, Amendment No. 1" be finally adopted.
208 and 212All1 person/1 vote
 
Note: the above resolution requires at least 2/3 of the votes cast.
 
3) First, second and third readings and final adoption
 
RECOMMENDATIONS for Bylaw No. 566 being “Comox Valley Regional District 2018 to 2022 Financial Plan and Capital Expenditure Program Bylaw No. 523, Amendment No. 1”
 
THAT Bylaw No. 566 being “Comox Valley Regional District 2018 to 2022 Financial Plan and Capital Expenditure Program Bylaw No. 523, Amendment No. 1” be given first and second readings concurrently. [Item
210AllWeighted
 
THAT Bylaw No. 566 being “Comox Valley Regional District 2018 to 2022 Financial Plan and Capital Expenditure Program Bylaw No. 523, Amendment No. 1” be read a third time.
210AllWeighted
 
THAT Bylaw No. 566 being “Comox Valley Regional District 2018 to 2022 Financial Plan and Capital Expenditure Program Bylaw No. 523, Amendment No. 1” be finally adopted.
210AllWeighted
 
Note: the above resolution requires at least 2/3 of the votes cast.
 
Final adoption
 
4) RECOMMENDATION for Bylaw No. 565 being “Denman Island Water Local Service Area Conversion and Establishment Bylaw, 1993, Amendment No. 3”
 
THAT Bylaw No. 565 being “Denman Island Water Local Service Area Conversion and Establishment Bylaw, 1993, Amendment No. 3” be finally adopted. [Item
208All1 person/1 vote
 
H. NEW BUSINESS:
I. ADDENDUM - UPON APPROVAL OF THE BOARD:
J. MEDIA QUESTIONS:
K. TERMINATION:
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