NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD


Printer
Tuesday, January 28, 2020
Civic Room of the regional district offices, 770 Harmston Avenue, Courtenay, BC commencing at 4:00 p.m.

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

In the event of an emergency the public gathering place is the parking lot outside the Civic Room
 
 
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 4
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
 
B. IN-CAMERA MEETING:
Recommendation:
 
THAT the board adjourn to an in-camera session pursuant to section 90 of the Community Charter, subsections 1 (a), (b), (c), (e), (f), (g), (i), (j), (k), and in consideration of:

- 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; and
- 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
 
Note: the volume of references above to the Community Charter reflects the board's consideration of the annual release of in-camera information in accordance with the Release of Closed Meeting Minutes policy.
 
C. ADOPTION OF MINUTES:
Comox Valley Regional District Board minutes dated December 17, 2019 for adoption. [Item
208All1 person/1 vote
 
Comox Valley Regional District Board minutes dated January 7, 2020 for adoption. [Item
208All1 person/1 vote
 
D. BUSINESS ARISING FROM MINUTES:
1) COMMITTEE OF THE WHOLE - JANUARY 14, 2020
 
Note: As the required conditions have now been met, the following resolution and document is being publicly released:
 
"THAT the Comox Valley Regional District (CVRD) provide a copy of the following reports by Explorer Solutions to the Comox Valley Economic Development Society (CVEDS) for information:

a. The Comox Valley Economic Development Review report dated January 8, 2020
b. The Results Matrix dated December 6, 2019;

AND FURTHER THAT the CVRD rise and report on the Economic Development Review and the Results Matrix subject to the documents being provided to CVEDS." [Item
 
E. PETITIONS AND DELEGATIONS:
1) SHAW COMMUNICATIONS
 
Kiersten Enemark, Director of Government Relations, Shaw Communications, in attendance to request that the CVRD participate in a consultation on Shaw Communication's petition to the federal government on the CRTC decision respecting third party internet access rates. [Item
 
Note: the board may consider varying the agenda to receive the staff report under item F.11 regarding the delegation from Shaw Communications Inc. and their request for the board to provide a submission respecting the CRTC decision on third party internet access rates.
 
F. REPORTS:
1) ELECTORAL AREAS SERVICES COMMITTEE - DECEMBER 9, 2019
 
Recommendation #1:
 
Note: the following recommendation is being presented for board consideration as the required public notice has been published (January 21, 2020).
 
THAT the board approve issuance of a Temporary Use Permit (TUP 3C 19) for two Test and Tune weekend events expiring on September 20, 2020 on property described as Lot A, Township 9, Section 5, Comox District, Plan VIP80212, PID 026-537-206 (4627, 4635, 4639, 4745, 4749, 4751 and 4753 Forbidden Plateau Road);

AND FINALLY THAT the board authorize the Corporate Legislative Officer to execute the Temporary Use Permit once the applicants have provided a written acknowledgement that the applicants have read, understood and agreed to the conditions of the permit.
208 and 213A, B, C1 person/1 vote
 
2) SEWAGE COMMISSION - DECEMBER 19, 2019
 
Sewage Commission minutes dated December 19, 2019 for receipt. [Item
208All1 person/1 vote
 
3) ELECTORAL AREAS SERVICES COMMITTEE - JANUARY 13, 2020
 
Electoral Areas Services Committee minutes dated January 13, 2020 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the Comox Valley Regional District Board endorse the agency referral list as outlined in Appendix A of staff report dated January 3, 2020, and direct staff to start the external agency referral process for Lot 2, Block 29, Comox District, Plan VIP81047, PID 026-682-311 (Lot 2, Plan VIP81047 Olund Road) as part of a proposed amendment (RZ 2C 19, Braun) of Bylaw No. 520 being the “Rural Comox Valley Zoning Bylaw, No. 520, 2019”;

AND FURTHER THAT Comox Valley Regional District staff consult with First Nations in accordance with the referrals management program dated September 25, 2012;

AND FINALLY THAT the Comox Valley Regional District Board authorize staff to begin discussions on provision of community amenities as per Section 72 “Community Amenity Contributions” of Bylaw No. 337, being the “Rural Comox Valley Official Community Plan Bylaw No. 337, 2014.
208 and 213A, B, C1 person/1 vote
 
Recommendation #2
 
THAT the board grant a site specific exemption of the floodplain specifications that reduces floodplain setback from 60 metres to 30 metres for the proposed buildings on Lot 20, Block 29, Comox District, Plan VIP79847, PID 026-477-840 (9550 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 any buildings on the property described as Lot 20, Block 29, Comox District, Plan VIP79847, PID 026-477-840 (9550 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 Michael de Hart, P.Eng., and Mark DeGagne, P.Eng., of McElhanney Ltd, dated November 13, 2019, 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 #3
 
THAT Innovation, Science and Economic Development Canada be advised that Freedom Mobile and Cypress Land Services have satisfactorily consulted with the Comox Valley Regional District and completed the required public consultation process for the proposed telecommunication tower at 1901 Larch Road and that the Comox Valley Regional District concurs with the proposal.
208 and 213A, B, C1 person/1 vote
 
Recommendation #4
 
THAT the recently constructed trail along the unopened Eagles Drive road allowance extending from Tasman Road down to the opened portion of Eagles Drive authorized under Ministry of Transportation and Infrastructure permit #2018-05977 be added to Bylaw No. 103;

AND FURTHER THAT this trail be named Eagles Greenway;

AND FURTHER THAT the recently acquired Hornby Island boat ramp authorized under Provincial Licence of Occupation # 931917 be added to Bylaw No. 103;

AND FURTHER THAT this park be named Shingle Spit Boat Launch;

AND THAT Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” be amended to reflect the following changes as noted in the staff report dated January 7, 2020:
i. regulations related to motorized vehicles in parks;
ii. signature location on research permits;
iii. adding the identified new parks and greenways, maps, designations and other housekeeping revisions;

AND FINALLY THAT Bylaw No. 104 being “Municipal Ticket Information Bylaw No. 104, 2010” be amended to update the fines Schedule 1 for Electoral Areas Parks Regulation Bylaw No. 103, as outlined in the staff report dated January 7, 2020.
209A, B, CWeighted
 
Recommendation #5
 
THAT staff collect water samples at Goose Spit Bay Park only and write a letter to Island Health requesting consideration of a partnership to restore the level of service that was previously provided in regards to water quality testing at swim locations in the CVRD electoral areas.
209A, B, CWeighted
 
4) COMMITTEE OF THE WHOLE - JANUARY 14, 2020
 
Committee of the Whole minutes dated January 14, 2020 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the “Exploring Social Planning in the Comox Valley: Where to From Here?” report dated November 7, 2019 prepared by the Comox Valley Social Planning Society be utilized as background material for the various initiatives the Comox Valley Regional District considers, including projects related to the community health network, agricultural planning, emergency management and housing.
208All1 person/1 vote
 
Recommendation #2
 
THAT the Comox Valley Regional District 2020 Corporate Plan (Key Projects – Interim) as attached to the staff report dated January 7, 2020, which includes the key projects by Core Service in advance of the 2020-2024 financial planning process, be approved.
208All1 person/1 vote
 
Note: the updated Comox Valley Regional District 2020 Corporate Plan (Key Projects – Interim) is provided reflecting the feedback received from the directors at the January 14, 2020 Committee of the Whole meeting. [Item
 
Recommendation #3
 
THAT Vancouver Island MusicFest continue to pay fees in accordance with the Comox Valley Regional District Fees and Charges Bylaw.
209AllWeighted
 
Recommendation #4
 
THAT staff be directed to explore opportunities on the Comox Valley Exhibition Grounds to provide additional space for increased event revenues.
209AllWeighted
 
5) SEWAGE COMMISSION - JANUARY 21, 2020
 
Sewage Commission minutes dated January 21, 2020 for receipt. [Item
208All1 person/1 vote
 
6) COMOX VALLEY SPORTS CENTRE COMMMISSION - JANUARY 21, 2020
 
Comox Valley Sports Centre Commission minutes dated January 21, 2020 for receipt. [Item
208All1 person/1 vote
 
7) COMMITTEE OF THE WHOLE - JANUARY 21, 2020
 
Committee of the Whole minutes dated January 21, 2020 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the Indigenous relations framework, as attached to the staff report dated January 17, 2020 be approved, as a guide to support the Comox Valley Regional District (CVRD) in considering the needs, interests and concerns of Indigenous peoples and outline how the CVRD can incorporate an Indigenous lens into decision-making and service delivery.
208All1 person/1 vote
 
8) PUBLIC HEARING - JANUARY 22, 2020
 
Public hearing minutes dated January 22, 2020 regarding 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
 
9) EMERGENCY PROGRAM ACT MODERNIZATION PROJECT - PROPOSING REVISION OF LEGISLATION
 
Report dated Janaury 22, 2020 providing the board with the Modernizing BC’s Emergency Management Legislation Discussion Paper technical review submission created through the support from Comox Valley Regional District (CVRD), City of Courtenay, Comox Valley Emergency Program (CVEP) personnel and members of the Mid- Island Emergency Coordinators and Managers (MIECM) professional group, for receipt. [Item
208All1 person/1 vote
 
Recommendation #1:
 
THAT Comox Valley Regional District submission to the Province for the technical review of the Modernizing BC’s Emergency Management Legislation Discussion Paper be endorsed by the board.
208All1 person/1 vote
 
Recommendation #2:
 
THAT the board resolve to write a letter to the Ministry and copy the Union of British Columbia Municipalities to support the advancements, but express the need for the Ministry to provide meaningful consultation with all local governments and consider new financial resources to support the response by local governments prior to any legislative changes.
208All1 person/1 vote
 
10) UBID CONVERSION STUDY UPDATE AND ELECTED OFFICIAL APPOINTMENT FOR ADVISORY GROUP
 
Report dated January 15, 2020 providing an update on the Union Bay Improvement District (UBID) conversion study and to seek the confirmation of Director Arbour as the appointed elected official for the conversion study project advisory working group, for receipt. [Item
208All1 person/1 vote
 
Recommendation:
 
THAT Director Arbour be appointed as the elected official for the advisory working group to support the Union Bay Improvement District conversion study.
208All1 person/1 vote
 
11) RATES FOR AGGREGATED WHOLESALE HIGH-SPEED ACCESS SERVICES
 
Report dated January 22, 2020 providing the board with information regarding a potential submission to the Governor in Council concerning Telecom Order CRTC 2019-288, which set lower rates for smaller internet service providers to purchase access on the network infrastructure owned by large cable and telephone service providers, for receipt. [Item
208All1 person/1 vote
 
G. BYLAWS AND RESOLUTIONS:
Bylaws following a public hearing for consideration of third reading only
 
1) 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 read a third time. [Item
208 and 213A, B, C1 person/1 vote
 
Bylaws for first, second, third reading and adoption
 
2) RECOMMENDATIONS for Bylaw No. 608 being "Comox Valley Water Supply System Bulk Water Rates Bylaw No. 190, 2011, Amendment No. 5
 
THAT Bylaw No. 608 being "Comox Valley Water Supply System Bulk Water Rates Bylaw No. 190, 2011, Amendment No. 5' be read a first and second time. [Item
Bylaw 1783A, B, C, Cty, CmxWeighted
 
THAT Bylaw No. 608 being "Comox Valley Water Supply System Bulk Water Rates Bylaw No. 190, 2011, Amendment No. 5' be read a third time.
Bylaw 1783A, B, C, Cty, CmxWeighted
 
THAT Bylaw No. 608 being "Comox Valley Water Supply System Bulk Water Rates Bylaw No. 190, 2011, Amendment No. 5' be finally adopted.
Bylaw 1783A, B, C, Cty, CmxWeighted
 
Note: the above resolution requires at least 2/3 of the votes cast.

This bylaw was added to the agenda at 11:00 am on Tuesday, January 28, 2020
 
Bylaws for consideration of adoption
 
3) RECOMMENDATION 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 finally adopted. [Item
207All1 person/1 vote
 
4) RECOMMENDATION 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 finally adopted. [Item
208All1 person/1 vote
 
H. NEW BUSINESS:
1) AVICC RESOLUTION - FARM TAX HARMONIZATION TO ENCOURAGE PRODUCTION ON FARMLAND
 
Correspondence dated January 21, 2020 from Director Hamir requesting the board’s consideration of forwarding a resolution to the Association of Vancouver Island and Coastal Communities (AVICC) 2020 AGM and Convention requesting that the Provincial Government work with BC Assessment to establish a minimum $7,000 threshold for farms of all sizes, for receipt. [Item
208All1 person/1 vote
 
Requested action:
 
THAT the following resolution be forwarded to the Association of Vancouver Island and Coastal Communities 2020 AGM and Convention for consideration:

WHEREAS the re-localization of our food system is necessary to reduce our carbon footprint and increase resiliency in local communities;

AND WHEREAS the threshold to maintain farm class status for properties between two (2) and ten (10) acres is $2500 has not changed since 1993, making British Columbia one of the lowest thresholds in Canada;

THEREFORE BE IT RESOLVED that the Province of British Columbia work with BC Assessment to establish a minimum $7,000 threshold for farms of all sizes to be phased in over three years for new participants and to implement a program of continued farm status for retired farmers.
208All1 person/1 vote
 
2) TOWN OF COMOX - AFFORDABLE HOUSING AND CHILDCARE INITIATIVE
 
Correspondence dated January 16, 2020 from Mayor Arnott requesting the board's consideration of providing a financial contribution to partner in the delivery of an affordable housing and childcare service initiative for a proposed mixed use development at 695 Aspen Road, Comox, for receipt. [Item
209A, B, C, Cty, CmbWeighted
 
I. ADDENDUM - UPON APPROVAL OF THE BOARD:
Recommendation:
 
THAT the addendum be considered.
208All1 person/1 vote
 
1) COMMUNITY RESILIENCY INVESTMENT GRANT FUNDING
 
Report dated January 28, 2020 regarding the application for Community Resiliency Investment (CRI) grant funding by way of a revised motion to include K’ómoks First Nation (KFN) for receipt. [Item
208All1 person/1 vote
 
Recommendation:
 
THAT staff be authorized to apply for the 2020 Community Resiliency Investment grant funding in partnership with K’ómoks First Nation to undertake a community FireSmart education program as outlined in the Community Wildfire Protection Plan report dated November 30, 2018.
208All1 person/1 vote
 
J. MEDIA QUESTIONS:
K. TERMINATION:
Meeting Web Page