NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD


Tuesday, December 17, 2019
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 item G.7 as this matter relates 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:
Chair Ketler to provide the territory acknowledgment and read the following article from the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) available online at: www.un.org/

Article 3
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
 
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 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.
208All1 person/1 vote
 
C. ADOPTION OF MINUTES:
Comox Valley Regional District Board minutes dated November 26, 2019 for adoption. [Item
208All1 person/1 vote
 
D. BUSINESS ARISING FROM MINUTES:
E. PETITIONS AND DELEGATIONS:
1) WESTERN CANADA MARINE RESPONSE
 
Michael Lowry, Western Canada Marine Response, to provide the regional district with information on marine oil spill response in BC. [Item
 
2) COMOX VALLEY CHILD CARE ACTION PLAN
 
Maria Stanborough, consultant, in attendance to present the Comox Valley Child Care Action Plan report, dated December 2019. [Item
 
F. REPORTS:
1) COMMITTEE OF THE WHOLE - NOVEMBER 26, 2019
 
Committee of the Whole minutes dated November 26, 2019 for receipt. [Item
208All1 person/1 vote
 
2) ELECTORAL AREAS SERVICES COMMITTEE - DECEMBER 9, 2019
 
Electoral Areas Services Committee minutes dated December 9, 2019 for receipt. [Item
208All1 person/1 vote
 
Note: To allow time for the statutory public notice, the recommendation concerning the issuance of a Temporary Use Permit to allow Test and Tune events on 4627, 4635, 4639, 4745, 4749, 4751 and 4753 Forbidden Plateau Road will be considered at the January 28, 2020 CVRD Board meeting.
 
Recommendation #1
 
THAT the board approve Development Variance Permit DV 10B 19 (Wyss) to decrease the minimum rear yard setback from 7.5 metres to 4.1 metres and the minimum rear yard setback applicable to the eaves and gutters from 5.5 metres to 3.6 metres applicable to the accessory building constructed on the property described as Lot B, Section 6, Comox District, Plan 43475, PID 003-622-100 (1750 McDonald Road);

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 8C 19 (Taylor) to decrease the minimum rear (southeast) yard setback from 4.5 metres to 2.36 metres with the applicable setbacks related to the eaves and gutters from 2.5 metres to 2.03 metres, and to decrease the minimum rear (southwest) yard setback from 4.5 metres to 1.29 metres with the applicable setbacks related to the eaves and gutters from 2.5 metres to 0.84 metres, for the purpose of converting the accessory building into a principal building on the property described as Lot 9, Block F, District Lot 95, Comox District, Plan 13540, PID 004-571-517 (2632 Rampion Road);

AND THAT as a condition of the development variance permit, the owner install a fence along or adjacent to the lot lines beside the building to be converted;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit upon confirmation that the fencing has been installed.
208 and 213A, B, C1 person/1 vote
 
Recommendation #3
 
THAT the board approve Development Variance Permit DV 9C 19 to decrease the minimum applicable setbacks for the utility buildings associated with the raw water pump station at Comox Lake to 1.0 metre from all property lines, with the applicable setbacks related to projections such as eaves to 0 metres on the property described as Lot A, Sections 32 and 33, Township 10, Comox District, Plan EPP90548, PID 030-774-535 (1750 Comox Logging Road);

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 Comox Valley Regional District Board approve Development Variance Permit DV 7C 19 (deBalinhard/Lessard) amended to reduce the minimum setback that applies to the carport from 7.5 metres to 1.19 metres, and the setback applicable to its eaves from 5.5 metres to 0.74 metres, for property described as Lot 43, District Lot 160, Comox District, Plan 30194, PID 000-548-154 (60 Salsbury Road), with the condition that screening or fencing be provided and maintained between the carport and lot line;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
Recommendation #5
 
THAT the board approve the Development Permit DP 14A 19 (Joah Ventures Inc.) on property described as Lot 2, District Lot 86, Comox District, Plan 42151, PID 001-400-037 (3771 Island Highway South) for the development of new commercial-industrial building;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
Recommendation #6
 
THAT the board give first and second reading to Bylaw No. 593, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 1” for property described as Amended Lot 1 (DD 20594-N), Block 29, Comox District, Plan 3139 Except That Part of Said Lot Bounded on the North by Plan 5517 and East by the Island Highway as Said Highway is Shown on Plan 4267 and Except Those Parts in Plans 3747, 3865, 4267, 4417, 5517, 7148, 9836, 10102, 10943, 13270, 15600, 15674, 15722, 15775, 16502, 16520, 17359, 18493 1N3 19356, PID 006-281-222 (RZ 5C 18 Unger - Wilfred Road), which rezones the property from Rural Eight (RU-8) to Residential One Exception 10 (R-1-10) that incorporates density bonus regulations;

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. 593, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 1” (RZ 5C 18 Unger).
208 and 213A, B, C1 person/1 vote
 
Recommendation #7
 
THAT the proposed changes for schedule 16 of Bylaw No. 104 being the “Comox Valley Regional District Municipal Ticketing Bylaw No.104, 2010” be amended to address ticketable offences in the “Rural Comox Valley Zoning Bylaw, No. 520, 2019” as outlined in the staff report dated November 29, 2019.
208 and 213A, B, C1 person/1 vote
 
Recommendation #8
 
THAT the additional capital upgrade costs in 2020 to the wastewater treatment infrastructure for the King Coho Wastewater Service, Function 331 be funded with 50 per cent Electoral Area B Community Works Funds and 50 per cent short-term borrowing, to be repaid by increased parcel taxes for five years.
207All1 person/1 vote
 
Recommendation #9
 
THAT the King Coho Wastewater Service Parcel Tax Bylaw No. 563, 2018, be amended to reflect a parcel tax of $1,786.41 per strata lot to be levied in 2020.
207All1 person/1 vote
 
Recommendation #10
 
THAT the board give readings to the proposed King Coho Wastewater Service Future Expenditure Reserve Fund Establishment Bylaw as outlined in Appendix A of the staff report dated December 4, 2019.
207All1 person/1 vote
 
Recommendation #11
 
THAT $20,000 be allocated to a study to identify service structure options for a local service area to provide funding for public rainwater management infrastructure, to be funded from rainwater management implementation funds included in the proposed 2020-2024 financial plan for the Liquid Waste Management Planning Service, function 340.
208All1 person/1 vote
 
Recommendation #12
 
THAT total funding of $60,000 be included in the 2020-2024 Financial Plan allocated as $20,000 from each of the feasibility services for Baynes Sound (part Electoral Area A), Lazo North (Electoral Area B) and Puntledge-Black Creek (Electoral Area C) to support the necessary public assent process and communication efforts.
208All1 person/1 vote
 
3) SEWAGE COMMISSION - DECEMBER 10, 2019
 
Sewage Commission minutes dated December 10, 2019 for receipt. [Item
208All1 person/1 vote
 
4) COMOX VALLEY WATER COMMITTEE - DECEMBER 10, 2019
 
Comox Valley Water Committee minutes dated December 10, 2019 for receipt. [Item
208All1 person/1 vote
 
5) COMOX VALLEY SPORTS CENTRE COMMISSION - DECEMBER 10, 2019
 
Comox Valley Sports Centre Commission minutes dated December 10, 2019 for receipt. [Item
208All1 person/1 vote
 
6) COMMITTEE OF THE WHOLE - DECEMBER 10, 2019
 
Committee of the Whole minutes dated December 10, 2019 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT option one of the BC Transit Fare Review Report attached as Appendix A of the staff report dated December 4, 2019 be approved for implementation in April 2020;

AND FURTHER THAT the April 2020 transit fare change include replacing transfers with the DayPASS-on-board program;

AND FINALLY THAT the custom transit monthly pass price be increased to $55.00.
209AllWeighted
 
Recommendation #2
 
THAT Comox Valley Farmers’ Market continues to pay fees in accordance with the Comox Valley Regional District (CVRD) Fees and Charges Bylaw;

AND FURTHER THAT staff continue to encourage collaboration of large event organizers to include some of the pre-existing regular Exhibition Grounds users where possible;

AND FINALLY THAT CVRD staff discuss utility needs with the Comox Valley Farmer’s Market to better understand their needs if they continue to use the Sports Centre site in the future.
209AllWeighted
 
Recommendation #3
 
THAT $5,000 of the 2020 chair remuneration be allocated to the vice-chair for the period January to November 2020 in recognition of the vice-chair’s role in supporting the chair including acting as co-chair of the Comox Strathcona Waste Management Board.
208All1 person/1 vote
 
Recommendation #4
 
WHEREAS the Association of Vancouver Island Coastal Communities endorsed two resolutions from the City of Victoria for consideration at the Union of BC Municipalities Annual Convention which if implemented by the Province of BC, could start saving lives immediately;

THEREFORE, BE IT RESOLVED THAT the board write a letter to the Provincial Government expressing strong support of the following resolutions:

(B171) Safer Drug Supply to Save Lives
Be it resolved that in an effort to save lives and reduce harm due to an unpredictable and highly-toxic drug supply, and as part of a holistic response to the public-health emergency, including prevention, treatment, and recovery, that the Province of British Columbia work with local communities, Health Authorities across the Province, the Ministry of Mental Health and Addictions, and the Ministry of Health to ensure that people at risk of toxic supply have access to safer alternatives.

(B172) Observed Inhalation Sites for Risk Mitigation of Overdose and Toxic Drug Supply
Be it resolved that to ensure that people at risk of overdose and toxic supply across BC have access to observed consumption services that provide space for inhalation, that the Province of British Columbia fund and work through local communities, Health Authorities across the Province, the Ministry of Mental Health and Addictions and the Ministry of Health to provide these services as part of a holistic response to the public-health emergency, including prevention, treatment, and recovery.
208All1 person/1 vote
 
Recommendation #5
 
THAT the Comox Valley Regional District Board write to the Minister of Environment and Climate Change Strategy to request:

1. Appropriate signage, in consultation with K'omoks First Nation, for Wood Mountain Park; and,

2. Recognition of the Forbidden Plateau Reclamation Society for their volunteer efforts to clean up the abandoned buildings and structures from the former Forbidden Plateau Ski Hill.
208All1 person/1 vote
 
Recommendation #6
 
THAT the Comox Valley Regional District Board provide a letter of support to the Kumugwe Cultural Society for their application to the Canada Council of the Arts for funding for Malkwalatlan's: A Legacy Project Honouring Missing and Murdered Indigenous Women, Girls and Two Spirited.
208All1 person/1 vote
 
7) UBCM GRANT FUNDING PROPOSAL
 
Report dated December 11, 2019 seeking approval to apply for funding through the Union of BC Municipalities (UBCM) – Community Emergency Preparedness Fund (CEPF) for coastal flood mitigation planning for Comox Valley Regional District (CVRD) Electoral Areas A (Vancouver Island portion), B and C, for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the board authorize staff to make an application to the Union of BC Municipalities Community Emergency Preparedness Fund for flood mitigation planning for the Comox Valley Regional District Electoral Area A (Baynes Sound - Defined Area), Electoral Area B (Lazo North) and Electoral Area C (Puntledge – Black Creek).
208 and 213A, B, C1 person/1 vote
 
8) LONG TERM BORROWING SECURITY ISSUE SPRING 2020
 
Report dated December 10, 2019 providing the Board with information regarding the Comox Valley Regional District’s (CVRD) participation in the Municipal Finance Authority’s (MFA) long-term borrowing Spring 2020 issue, for receipt. [Item
208All1 person/1 vote
 
Recommendation:
 
THAT Bylaw No. 603 being “Comox Valley Regional District Security Issue Bylaw No. 603, 2019, be forwarded to the Comox Valley Regional Board for first, second and third readings and final adoption.
210AllWeighted
 
9) MUNICIPAL FINANCE AUTHORITY
 
Report dated December 12, 2019 regarding confirmation of the appointment of a member and alternate member to the Municipal Finance Authority of BC for 2020, for receipt. [Item
208All1 person/1 vote
 
Recommendation:
 
THAT Director Grieve and Director Hamir be appointed to the Municipal Finance Authority (MFA) of BC, as member and alternate member respectively, for a one-year period expiring February 2021;

AND FURTHER THAT remuneration and expenses be paid for meeting attendance provided remuneration and/or expenses are not paid directly by the external organization.
208All1 person/1 vote
 
G. BYLAWS AND RESOLUTIONS:
First and second readings
 
1) RECOMMENDATION for Bylaw No. 593 being “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 1”
 
THAT Bylaw No. 593 being “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 1” be given first and second readings concurrently. [Item
208 and 213A, B, C1 person/1 vote
 
First, second and third readings
 
2) RECOMMENDATIONS for Bylaw No. 605 being "King Coho Wastewater Service Future Expenditure Reserve Fund Establishment Bylaw No. 605"
 
THAT Bylaw No. 605 being "King Coho Wastewater Service Future Expenditure Reserve Fund Establishment Bylaw No. 605" be given first and second readings concurrently. [Item
207All1 person/1 vote
 
THAT Bylaw No. 605 being "King Coho Wastewater Service Future Expenditure Reserve Fund Establishment Bylaw No. 605" be read a third time.
207All1 person/1 vote
 
3) RECOMMENDATIONS for Bylaw No. 607 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 16"
 
THAT Bylaw No. 607 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 16" be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 607 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 16" be read a third time.
208All1 person/1 vote
 
First, second and third readings and final adoption
 
4) RECOMMENDATIONS for Bylaw No. 601 being “Comox Valley Regional District 2019 to 2023 Financial Plan and Capital Expenditure Program Bylaw No. 577, Amendment No. 1”
 
THAT Bylaw No. 601 being “Comox Valley Regional District 2019 to 2023 Financial Plan and Capital Expenditure Program Bylaw No. 577, Amendment No. 1” be given first and second readings concurrently. [Item
210AllWeighted
 
THAT Bylaw No. 601 being “Comox Valley Regional District 2019 to 2023 Financial Plan and Capital Expenditure Program Bylaw No. 577, Amendment No. 1” be read a third time.
210AllWeighted
 
THAT THAT Bylaw No. 601 being “Comox Valley Regional District 2019 to 2023 Financial Plan and Capital Expenditure Program Bylaw No. 577, Amendment No. 1” be finally adopted.
210AllWeighted
 
Note: the above resolution requires at least 2/3 of the votes cast.
 
5) RECOMMENDATIONS for Bylaw No. 603 being "Comox Valley Regional District Security Issuing Bylaw No. 603, 2019"
 
THAT Bylaw No. 603 being "Comox Valley Regional District Security Issuing Bylaw No. 603, 2019" be given first and second readings concurrently. [Item
210AllWeighted
 
THAT Bylaw No. 603 being "Comox Valley Regional District Security Issuing Bylaw No. 603, 2019" be read a third time.
210AllWeighted
 
THAT Bylaw No. 603 being "Comox Valley Regional District Security Issuing Bylaw No. 603, 2019" be finally adopted.
210AllWeighted
 
6) RECOMMENDATIONS for Bylaw No. 606 being "King Coho Wastewater Service Parcel Tax Bylaw No. 563, 2018, Amendment No. 1"
 
THAT Bylaw No. 606 being "King Coho Wastewater Service Parcel Tax Bylaw No. 563, 2018, Amendment No. 1" be given first and second readings concurrently. [Item
207All1 person/1 vote
 
THAT Bylaw No. 606 being "King Coho Wastewater Service Parcel Tax Bylaw No. 563, 2018, Amendment No. 1" be read a third time.
207All1 person/1 vote
 
THAT Bylaw No. 606 being "King Coho Wastewater Service Parcel Tax Bylaw No. 563, 2018, Amendment No. 1" be finally adopted.
207All1 person/1 vote
 
Note: the above resolution requires at least 2/3 of the votes cast.
 
Final adoption
 
7) RECOMMENDATION for Bylaw No. 595 being “Black Creek - Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 9”
 
THAT Bylaw No. 595 being “Black Creek - Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 9” be finally adopted. [Item
209C, DWeighted
 
H. NEW BUSINESS:
1) NEW BUSINESS NOTICE
 
New business notice dated December 11, 2019 regarding the scheduling of a public hearing for Bylaw No. 593 being "Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 1" (RZ 5C 18 - Wilfred Road), for receipt. [Item
208All1 person/1 vote
 
Recommendation:
 
WHEREAS the following bylaw has received first and second readings by the regional district board:

- Bylaw No. 593 being "Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 1"

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 January 22, 2020 at 7:00 pm;

2. The location of the public hearing will be at the Comox Valley Regional District Civic Room located at 770 Harmston Avenue Courtenay, BC V9N 0G8;

3. The holding of the public hearing be delegated to the Directors from Electoral Areas A, B and C with Director ________ designated as the Chair and Directors __________ and ____________ designated as First Vice-Chair and Second Vice-Chair respectively for the public hearing; and

4. At least one (1) of the above-named delegates must be in attendance at the public hearing.
208All1 person/1 vote
 
2) 2019 GRANT-IN-AID
 
Correspondence dated December 10, 2019 from Director Grieve and Director Hamir requesting the board's consideration of a grant-in-aid to the Comox Valley Therapeutic Riding Society, for receipt. [Item
208All1 person/1 vote
 
Requested action:
 
THAT a grant-in-aid, payable from the respective areas indicated, be approved:
- Comox Valley Therapeutic Riding Society to assist with equine therapies and recreation for children and adults with complex needs.

Area B - $500.00; Area C - $1,200.00.
208All1 person/1 vote
 
3) GREEN MUNICIPAL FUND COUNCIL - LETTER OF SUPPORT
 
Correspondence dated December 12, 2019 from Director Arbour requesting the board's support for an application to serve on the Green Municipal Fund Council, for receipt. [Item
208All1 person/1 vote
 
Requested action:
 
THAT the board provide a letter of support for Director Arbour's application to serve as the BC representative on the Green Municipal Fund Council.
208All1 person/1 vote
 
I. ADDENDUM - UPON APPROVAL OF THE BOARD:
J. MEDIA QUESTIONS:
K. TERMINATION:
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