COMOX VALLEY REGIONAL DISTRICT BOARD
Tuesday, October 1, 2019
Minutes of the meeting of the Comox Valley Regional District Board of Directors held on Tuesday, October 01, 2019 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. Cole-HamiltonCity of Courtenay
 E. GrievePuntledge/Black Creek (Area C)
 D. FrischCity of Courtenay
 M. SwiftTown of Comox
 J. KetlerVillage of Cumberland
 B. LeighOyster Bay – Buttle Lake (Area D)
Alt. Directors:M. McCollumCity of Courtenay
 N. MinionsTown of Comox
Staff:R. DysonChief Administrative Officer
 B. DunlopCorporate Financial Officer
 S. SmithGeneral Manager of Planning and Development Services
 M. RuttenGeneral Manager of Engineering Services
 D. DeMarzoGeneral Manager of Community Services
 J. WarrenGeneral Manager of Corporate Services
 J. MartensManager of Legislative Services
 
   
RECOGNITION OF TRADITIONAL TERRITORIES:
The Chair acknowledged that the meeting was being held on the unceded traditional territory of the K’ómoks First Nation.
 
 
IN-CAMERA MEETING:
D. Frisch/E. Grieve: THAT the board adjourn to an in-camera session pursuant to the following sub-section 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.

208Carried
 
ADOPTION OF MINUTES:
W. Cole-Hamilton/M. McCollum: THAT the Comox Valley Regional District Board minutes dated August 27, 2019 be adopted. [Item] 
208Carried
 
BUSINESS ARISING FROM MINUTES:
CVRD PESTICIDE AND HERBICIDE USE
 
 
D. Arbour/A. Hamir: THAT the amended Pesticide Use on Comox Valley Regional District Property policy, as attached to the October 1, 2019 agenda for the Comox Valley Regional District Board, be approved. [Item] 
208Carried
 
REPORTS:
PUBLIC HEARING FOR BYLAW NO. 520 - AUGUST 28, 2019
 
 
E. Grieve/D. Arbour: THAT the public hearing minutes dated August 28, 2019 for Bylaw No. 520 being "Rural Comox Valley Zoning Bylaw, No. 520, 2019" (CVRD) be received. [Item] 
208Carried
 
BLACK CREEK - OYSTER BAY SERVICES COMMITTEE - SEPTEMBER 16, 2019
 
 
B. Leigh/D. Arbour: THAT the Black Creek - Oyster Bay Services Committee minutes dated September 16, 2019 be received. [Item] 
208Carried
 
B. Leigh/D. Frisch: THAT the CVRD Board Chair request a meeting with the Honourable Selina Robinson, Minister of Municipal Affairs and Housing, subsequent to the scheduled meeting at UBCM in September 2019, to discuss the third well project for the Black Creek - Oyster Bay Water Service.
209Carried
 
VARY THE AGENDA
 
 
E. Grieve/A. Hamir: THAT the agenda be varied to bring forward item H. 1 (Ministry of Municipal Affairs and Housing - Third Well Project) next on the agenda.
208Carried
 
NEW BUSINESS:
 
 
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING - THIRD WELL PROJECT
 
 
B. Leigh/E. Grieve: THAT the email dated September 13, 2019 from Tara Faganello, Assistant Deputy Minister of the Local Government Division, Ministry of Municipal Affairs and Housing, suggesting a meeting between the Comox Valley Regional District and the Strathcona Regional District to try and resolve the issue of water supply in the Black Creek-Oyster Bay water service, be received. [Item] 
208Carried
 
REPORTS CONTINUED:
 
 
ELECTORAL AREAS SERVICES COMMITTEE - SEPTEMBER 16, 2019
 
 
A. Hamir/M. McCollum: THAT the Electoral Areas Services Committee minutes dated September 16. 2019 be received. [Item] 
208Carried
 
A. Hamir/B. Leigh: THAT staff be authorized to apply for 2020 Community Resiliency Investment grant funding, up to the maximum of $25,000 to undertake a community Fire Smart education program as outlined in the Community Wildfire Protection Plan report dated November 30, 2018.
209Carried
 
Director Leigh left the meeting at 4:30 pm.
 Carried
 
D. Arbour/E. Grieve: THAT the board approve the Development Variance Permit DV 8B 19 (Parkin) to reduce the minimum side yard setback from 3.5 metres to 3.1 metres and to increase the maximum building height from 6.0 metres to 7.4 metres for a proposed accessory building at property described as Lot 1, Block 71, Comox District, Plan VIP88398, PID 028-351-495 (2160 Quenville Road);

AND THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
D. Arbour/E. Grieve: THAT the board approve Development Variance Permit DV 6C 19 (1029812 BC Ltd.) on property described as Lot B, Block 29, Comox District, Plan EPP81926, PID 030-440-777 (2310 Macaulay Road) to allow for retaining walls up to 3.5 metres in height within the required side yard setback area;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
D. Arbour/A. Hamir: THAT the board approve the Development Permit DP 18C 19 (1029812 BC Ltd.) on property described as Lot B, Block 29, Comox District, Plan EPP81926, PID 030-440-777 (2310 Macaulay Road) for the development of new commercial-industrial buildings with a storage yard;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
E. Grieve/A. Hamir: THAT the board approve the Farm Land Protection Development Permit DP 13B 19 (Bailey) on the property described as Lot 2, District Lot 162, Comox District, Plan 22921, PID 003-201-236 (5910 Island Highway N.) for the construction of an accessory building with a minimum 15 metre setback from the agricultural property and a 3 metre wide vegetative buffer to extend between the rear of the new accessory to the rear of the house;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
E. Grieve/A. Hamir: THAT the Comox Valley Regional District Board endorse the communication plan as outlined in Appendix A and the recommended bylaw update information outlined in Appendix B of staff report dated September 4, 2019, and direct staff to start the external agency referral process for making provisions regarding cannabis in Bylaw No. 337 being the “Rural Comox Valley Official Community Plan Bylaw No. 337, 2014” (CP 1CV 19);

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 213Carried
 
A. Hamir/D. Arbour: THAT the board consider first, second and third readings of Bylaw No. 584, being the “Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 3” (CP 1CV 19), which inserts a procedure and fee relating to cannabis retail referrals.
208 and 213Carried
 
A. Hamir/D. Arbour: THAT the board consider first, second and third readings of Bylaw No. 585, being the “Comox Valley Regional District Building Bylaw No. 142, 2014, Amendment No. 4” (CP 1CV 19), regarding the applicability of the bylaw to cannabis cultivation within farm buildings.
208 and 213Carried
 
A. Hamir/E. Grieve: THAT given the limited authority of regional districts to impose requirements on vendors of fireworks, the Comox Valley Regional District resolve not to undertake amendments to the “Regional District Fireworks Regulation Bylaw No. 1971, 1998” at this time.
209Carried
 
D. Frisch/D. Arbour: That staff be directed to update the existing Comox Valley Regional District Board Policy “Transfer of water systems to regional district” to include wastewater systems in its scope, and to incorporate current best practices.
208Carried
 
D. Arbour/E. Grieve: THAT Bylaw No. 592 being “Hornby Island Comfort Station Future Expenditure Reserve Fund Establishment Bylaw No. 592, 2019” be forwarded to the Comox Valley Regional Board for first, second, third readings and final adoption.
207Carried
 
D. Frisch/D. Arbour: THAT the 2019 - 2023 financial plan and capital expenditure program for the Baynes Sound Area B and C Parks and Greenways Service, function 621, be amended by increasing land improvement expenditures in 2019 for the Beach Accesses Annual Capital projects, project #1092, by $40,000 to support increased costs for the Eagles Drive beach stairs replacement to be funded by a corresponding further contribution in 2019 from the parks and greenways service Capital Works Reserve #855.
209Carried
 
E. Grieve/A. Hamir: THAT the CVRD Chair write to the Ministry of Transportation and Infrastructure regarding the road conditions and safety concerns on Lazo Road between Butchers Road and Gage Road as generally outlined by the delegation from Bruce Renooy to the September 16, 2019 Electoral Areas Services Committee meeting.
208Carried
 
SEWAGE COMMISSION - SEPTEMBER 17, 2019
 
 
D. Frisch/D. Arbour: THAT the Sewage Commission minutes dated September 17, 2019 be received. [Item] 
208Carried
 
COMOX VALLEY WATER COMMITTEE - SEPTEMBER 17, 2019
 
 
D. Frisch/D. Arbour: THAT the Comox Valley Water Committee minutes dated September 17, 2019 be received. [Item] 
208Carried
 
COMMITTEE OF THE WHOLE - SEPTEMBER 17, 2019
 
 
D. Frisch/A. Hamir: THAT the Committee of the Whole minutes dated September 17, 2019 be received. [Item] 
208Carried
 
A. Hamir/D. Frisch: THAT the new five-year contribution agreement (2019 to 2024) for an annual unconditional grant of $20,000 between the Comox Valley Regional District and the Vancouver Island North Film Commission, attached as Appendix A to this staff report dated September 4, 2019, be approved;

AND FURTHER THAT the Chair and Corporate Officer be authorized to execute the agreement.
210CarriedNAY: D. Arbour
 
E. Grieve/D. Arbour: THAT the 2019 - 2023 financial plan for the Regional Growth Strategy service, function 512, be amended to increase professional fee expenditures by $52,500 in both 2019 and 2020 to be funded by an increase in conditional provincial grant revenues of $52,500 in each of those years as a result of the successful award of $105,000 through the Union of BC Municipalities to support a Regional Housing Needs Assessment project.
208 and 212Carried
 
D. Arbour/J. Ketler: THAT the 2019 – 2023 financial plan for the Planning service, functions 500 and 503, be amended to increase professional fee expenditures by $250,000 in each of 2019 and 2020 to be funded by corresponding increases in conditional federal grant revenues of $250,000 in each of 2019 and 2020 as a result of the successful award of $500,000 from the National Disaster Mitigation Program to support a Regional Coastal Flood Mapping project.
208 and 213Carried
 
N. Minions/D. Frisch: THAT the board approve separating the utilities governance topic into discussions focused specifically on the water supply system and the sewerage conveyance and treatment system;

AND FURTHER THAT the Board recognize the responsibilities delegated to the Comox Valley Water Committee and the Sewage Commission;

AND FINALLY THAT the Board consider any further decisions or actions when such actions fall under the responsibility of the CVRD Board of Directors and upon the advice and guidance of the respective committee / commission.
208Carried
 
D. Frisch/M. McCollum: THAT the proposed framework for improving air quality in the Comox Valley as described in “A Regional Approach to Improve Air Quality and Health in the Comox Valley: Our Proposal” dated August 2019 be considered at the Comox Valley Regional District’s strategic planning session in October 2019.
208Carried
 
W. Cole-Hamilton/J. Ketler: THAT the update of the 2014 Comox Valley Transit Future Plan to consider more aggressive mode share targets in order to reduce greenhouse gas emissions and address the climate crisis, be considered at the October 2019 Board strategic planning process;

AND FURTHER THAT staff be directed to prepare a schedule and work plan for the Comox Valley Transit Future Plan update in consultation with BC Transit and municipal stakeholders.
209Carried
 
D. Frisch/J. Ketler: THAT the board support staff in implementing the early actions identified in the air quality framework report dated September 11, 2019;

AND FURTHER THAT staff work with Island Health and the Ministry of Environment to enhance promotion of emission reduction actions during local air quality advisories.
208Carried
 
BYLAWS AND RESOLUTIONS:
D. Arbour/D. Frisch: THAT Bylaw No. 584 being “Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 3” be given first and second readings concurrently. [Item] 
208 and 213Carried
 
D. Arbour/D. Frisch: THAT Bylaw No. 584 being “Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 3” be read a third time.
208 and 213Carried
 
D. Arbour/J. Ketler: THAT Bylaw No. 585 being “Comox Valley Regional District Building Bylaw No. 142, 2011, Amendment No. 4” be given first and second readings concurrently. [Item] 
209Carried
 
D. Arbour/A. Hamir: THAT Bylaw No. 585 being “Comox Valley Regional District Building Bylaw No. 142, 2011, Amendment No. 4” be read a third time.
209Carried
 
D. Arbour/D. Frisch: THAT Bylaw No. 586 being “Comox Valley Sewerage Service Future Expenditure Reserve Fund Establishment Bylaw No. 586, 2019” be given first and second readings concurrently. [Item] 
209Carried
 
D. Arbour/W. Cole-Hamilton: THAT Bylaw No. 586 being “Comox Valley Sewerage Service Future Expenditure Reserve Fund Establishment Bylaw No. 586, 2019” be read a third time.
209Carried
 
A. Hamir/J. Ketler: THAT Bylaw No. 592 being “Hornby Island Comfort Station Future Expenditure Reserve Fund Establishment Bylaw No. 592, 2019” be given first and second readings concurrently. [Item] 
207Carried
 
A. Hamir/D. Frisch: THAT Bylaw No. 592 being “Hornby Island Comfort Station Future Expenditure Reserve Fund Establishment Bylaw No. 592, 2019” be read a third time.
207Carried
 
A. Hamir/D. Arbour: THAT Bylaw No. 520 being “Rural Comox Valley Zoning Bylaw, No. 520, 2019” be read a third time. [Item] 
208 and 213Carried
 
A. Hamir/M. McCollum: THAT Bylaw No. 587 being “Comox Valley Regional District Property Tax Exemption Bylaw No. 587, 2019” be finally adopted. [Item] 
208Carried
 
Note: the above resolution received at least 2/3 of the votes cast.
 
 
D. Frisch/M. McCollum: THAT Bylaw No. 588 being “Comox Valley Regional District Property Tax Exemption Bylaw No. 588, 2019” be finally adopted. [Item] 
208Carried
 
Note: the above resolution received at least 2/3 of the votes cast.
 
 
N. Minions/D. Frisch: THAT Bylaw No. 590 being “Comox Valley Water Supply System Bulk Water Rates Bylaw No. 190, 2011, Amendment No. 4” be finally adopted. [Item] 
Bylaw 1783Carried
 
ADJOURN TO IN-CAMERA:
The board recessed to its in-camera session at 4:49 pm.
 
 
RISE AND REPORT:
The board rose from its restricted in-camera session at 5:40 pm and reported on the following resolutions:
 
 
"THAT the board, under Section 3 of Bylaw No. 36 being the “Advisory Planning Commission Bylaw 2009”, appoint Carl Goldscheider to the Electoral Area C Advisory Planning Commission for the remainder of the 2018-2022 term;

AND FURTHER THAT the board rise and report on this resolution."

"THAT the Board, under Section 3 of Bylaw No. 36 being the “Advisory Planning Commission Bylaw 2009”, appoint Peter Gibson to the Electoral Area C Advisory Planning Commission for the remainder of the 2018-2022 term;

AND FURTHER THAT the Board rise and report on this resolution."

 
 
TERMINATION:
D. Arbour/E. Grieve: THAT the meeting terminate.
208Carried
 
Time: 5:41 pm
 
 
 Confirmed this 29th day of October, 2019:


____________________________________
Bob Wells
Chair
 
Certified Correct and Recorded By:


____________________________________
Jake Martens
Manager of Legislative Services
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