COMOX VALLEY REGIONAL DISTRICT BOARD
Tuesday, December 18, 2018
Minutes of the meeting of the Comox Valley Regional District Board of Directors held on Tuesday, December 18, 2018 in the boardroom of the Comox Valley Regional District offices located at 550B Comox Road, Courtenay, BC commencing at 4:00 pm.
 
 
MINUTES
     
 
Present:
Chair:B. WellsCity of Courtenay
Vice-Chair:A. HamirLazo North (Area 'B')
Directors:D. ArbourBaynes Sound-Denman/Hornby Islands (Area 'A')
 W. MorinCity of Courtenay
 E. GrievePuntledge/Black Creek (Area 'C')
 D. HillianCity of Courtenay
 D. FrischCity of Courtenay
 M. SwiftTown of Comox
 B. LeighOyster Bay – Buttle Lake (Area ‘D’)
 K. GrantTown of Comox
 J. KetlerVillage of Cumberland
Staff:R. DysonChief Administrative Officer
 B. DunlopCorporate Financial Officer
 S. SmithGeneral Manager of Planning and Development Services
 M. RuttenGeneral Manager of Engineering Services
 D. DeMarzoActing General Manager of Community Services
 J. MartensManager of Legislative Services
 
   
RECOGNITION OF TRADITIONAL TERRITORIES:
The Chair acknowledged that the meeting was being held on the unceded traditional terrority of the K’ómoks First Nation.
 
 
IN-CAMERA MEETING:
K. Grant/D. Frisch: 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.
208Carried
 
ADOPTION OF MINUTES:
K. Grant/D. Frisch: THAT the following minutes be adopted:

- Comox Valley Regional District Board minutes dated October 2, 2018; [Item] 
 
 
- Comox Valley Regional District Board minutes dated November 20, 2018; [Item] 
 
 
- Comox Valley Regional District Board minutes dated November 27, 2018; and [Item] 
 
 
- Comox Valley Regional District Board minutes dated December 4, 2018. [Item] 
208Carried
 
VARY THE AGENDA:
K. Grant/D. Frisch: THAT the agenda be varied to bring forward agenda items F.3 and G.1 relating to Black Creek - Oyster Bay services before E.1.
208Carried
 
BLACK CREEK - OYSTER BAY SERVICES COMMITTEE - DECEMBER 3, 2018
 
 
B. Leigh/D. Frisch: THAT the Black Creek - Oyster Bay Services Committee minutes dated December 3, 2018 be received. [Item] 
208Carried
 
E. Grieve/K. Grant: 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.
209Carried
 
B. Leigh/D. Frisch: 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] 
208Carried
 
B. Leigh/D. Frisch: 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.
208Carried
 
B. Leigh/D. Frisch: THAT Bylaw No. 567 being “Black Creek/Oyster Bay Fire Protection Local Service Area Conversion/Establishment Bylaw No. 1964, 1997, Amendment No. 6” be adopted.
208Carried
 
Note: the above resolution received at least 2/3 of the votes cast.
 
 
Director Leigh left the meeting at 4:06 pm.
 
 
VARY THE AGENDA:
 
 
D. Frisch/K. Grant: THAT the agenda be varied to bring forward agenda item F.9 after E.1.
208Carried
 
PETITIONS AND DELEGATIONS:
COMOX VALLEY EARLY YEARS COLLABORATIVE
 
 
E. Grieve/K. Grant: THAT the information presented by Joanne Schroeder and Alan Douglas, Comox Valley Child Care Planning Committee, regarding a request that the CVRD collaborate with other Comox Valley municipalities to apply for funding to create a community child care plan be received. [Item] 
208Carried
 
D. Frisch/D. Hillian: THAT the request from the Comox Valley Child Care Planning Committee, as provided on the CVRD Board agenda of December 18, 2018, be considered immediately.
208Carried
 
Note: In accordance with the Comox Valley Regional District Procedure Bylaw No. 1, 2008, the above resolution received at least 2/3 of the votes cast.
 
 
D. Frisch/W. Morin: THAT the Comox Valley Regional District support an integrated community child care plan for the Comox Valley;

AND FURTHER THAT Director Grieve 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 Union of British Columbia Municipalities Community Child Care Planning Program for the creation of a community child care plan.
208Carried
 
REPORTS:
AUDIT SERVICE PLAN
 
 
E. Grieve/M. Swift: THAT the 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 be received. [Item] 
208Carried
 
Cory Vanderhorst, MNP LLP, provided information regarding the 2018 audit service plan for the Comox Valley Regional District (CVRD).
 
 
CVRD BOARD ORIENTATION
 
 
D. Frisch/K. Grant: THAT the following items be received:

• information presented by K. Douville, Manager of Financial Planning, regarding the financial planning process; and [Item] 
 
 
• information presented by J. Martens, Manager of Legislative Services, regarding advocating interests. [Item] 
208Carried
 
BOARD OF VARIANCE - NOVEMBER 13, 2018
 
 
D. Frisch/E. Grieve: THAT the minutes of the Board of Variance meeting dated November 13, 2018 be received. [Item] 
208Carried
 
ELECTORAL AREAS SERVICES COMMITTEE - DECEMBER 3, 2018
 
 
E. Grieve/D. Frisch: THAT the Electoral Areas Services Committee minutes dated December 3, 2018 be received. [Item] 
208Carried
 
E. Grieve/J. Ketler: 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 213Carried
 
E. Grieve/D. Frisch: 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 213Carried
 
W. Morin/D. Frisch: 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 213Carried
 
E. Grieve/K. Grant: 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 213CarriedNAY: A. Hamir
 
R. Dyson, Chief Administrative Officer, recused himself from the meeting at 5:19 pm due to a potential perceived conflict of interest in relation to his spouse's position as chair of the Agricultural Land Commission.
 
 
K. Grant/E. Grieve: 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 213Carried
 
R. Dyson, Chief Administrative Officer, returned to the meeting at 5:26 pm.
 
 
D. Frisch/K. Grant: 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.
210Carried
 
K. Grant/D. Arbour: THAT staff be directed to complete an application for the Community, Culture and Recreation grant for the 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.
207Carried
 
SEWAGE COMMISSION - DECEMBER 4, 2018
 
 
D. Frisch/E. Grieve: THAT the Sewage Commission minutes dated December 4, 2018 be received. [Item] 
208Carried
 
COMOX VALLEY WATER COMMITTEE - DECEMBER 4, 2018
 
 
E. Grieve/K. Grant: THAT the Comox Valley Water Committee minutes dated December 4, 2018 be received. [Item] 
208Carried
 
COMOX VALLEY SPORTS CENTRE COMMISSION - DECEMBER 4, 2018
 
 
D. Hillian/K. Grant: THAT the Comox Valley Sports Centre Commission minutes dated December 4, 2018 be received. [Item] 
208Carried
 
COMMITTEE OF THE WHOLE - DECEMBER 4, 2018
 
 
K. Grant/J. Ketler: THAT the Committee of the Whole minutes dated December 4, 2018 be received. [Item] 
208Carried
 
K. Grant/E. Grieve: 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.
208Carried
 
E. Grieve/K. Grant: 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).
208Carried
 
D. Hillian/K. Grant: 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.
208Carried
 
K. Grant/D. Hillian: 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.
208Carried
 
REGIONAL GROWTH STRATEGY STANDARD AMENDMENT - SECTION 5.2 CHANGES
 
 
K. Grant/D. Frisch: THAT the 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”, be received. [Item] 
208 and 212Carried
 
D. Hillian/K. Grant: 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 212Carried
 
BYLAWS AND RESOLUTIONS:
J. Ketler/D. Frisch: 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 212Carried
 
D. Frisch/W. Morin: THAT Bylaw No. 539 being "Comox Valley Regional District Regional Growth Strategy Bylaw No. 120, 2010, Amendment No. 1" be finally adopted.
208 and 212Carried
 
Note: the above resolution received at least 2/3 of the votes cast.
 
 
K. Grant/D. Hillian: 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] 
210Carried
 
E. Grieve/K. Grant: 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.
210Carried
 
D. Frisch/J. Ketler: 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.
210Carried
 
Note: the above resolution received at least 2/3 of the votes cast.
 
 
D. Frisch/W. Morin: THAT Bylaw No. 565 being “Denman Island Water Local Service Area Conversion and Establishment Bylaw, 1993, Amendment No. 3” be finally adopted. [Item] 
208Carried
 
ADJOURN TO IN-CAMERA
The board adjourned to its in-camera session at 5:40 pm.
 
 
RISE AND REPORT:
The board rose from its restricted in-camera session at 5:58 pm.
 
 
TERMINATION:
D. Hillian/D. Frisch: THAT the meeting terminate.
208Carried
 
Time: 6:00 pm.
 
 
 Confirmed this 29th day of January 2019:


____________________________________
Bob Wells
Chair
 
Certified Correct and Recorded By:


____________________________________
Jake Martens
Manager of Legislative Services
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