NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD (INAUGURAL MEETING)


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Tuesday, November 24, 2020
Civic Room of the regional district offices, 770 Harmston Avenue, Courtenay, BC commencing at 4:00 pm.

The Comox Valley Regional District Corporate Legislative Officer, James Warren, will act as the presiding officer of the meeting until the conclusion of the chair and vice-chair elections. This meeting may include participation by members of the board via electronic communication.

NOTE: Director Leigh, Electoral Area D (Oyster Bay - Buttle Lake), may attend a portion of this meeting to consider items I.5 as these matters relate to the Black Creek - Oyster Bay services. The board may vary the agenda to consider these matters.
This meeting is not meant for general public input. If members of the public wish to speak at a meeting, they should contact the CVRD Legislative Services Department to request to appear as a delegation. Live webcasts and recordings are available at www.comoxvalleyrd.ca/minutes-agendas

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:
B. ELECTION OF THE BOARD CHAIR:
The chair election will be conducted pursuant to sections 5 and 6 of the Comox Valley Regional District Procedure Bylaw No. 1
 
C. ELECTION OF THE BOARD VICE-CHAIR:
The vice-chair election will be conducted pursuant to sections 5 and 6 of the Comox Valley Regional District Procedure Bylaw No. 1.
 
D. REMARKS FROM THE CHAIR:
The newly elected chair of the board may provide some remarks following the elections.
 
E. IN-CAMERA MEETING:
THAT the board adjourn to an in-camera session pursuant to the following sub-section(s) of section 90 of the Community Charter:

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,
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 committee/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
 
F. ADOPTION OF MINUTES:
Comox Valley Regional District Board minutes dated October 27, 2020 for adoption. [Item
208All1 person/1 vote
 
G. BUSINESS ARISING FROM MINUTES:
H. PETITIONS AND DELEGATIONS:
1) LATE DELEGATION REQUEST – KATHLEEN PITT
 
Late delegation request dated November 23, 2020 from Kathleen Pitt requesting to address the board regarding 3L Development’s OCP and zoning bylaw amendment application, for receipt. [Item
208All1 person/1 vote
 
Note: In accordance with Procedure Bylaw No. 1, a late delegation may be permitted by the board with at least two-thirds approval of the members in attendance. This request was added to the agenda at 4:00 pm on November 23, 2020.
 
2) LATE DELEGATION REQUEST – ROB BUCHAN, 3L DEVELOPMENTS
 
Late delegation request dated November 23, 2020 from Rob Buchan, 3L Developments requesting to address the Board regarding the their OCP and zoning bylaw amendment application, for receipt. [Item
208All1 person/1 vote
 
Note: In accordance with Procedure Bylaw No. 1, a late delegation may be permitted by the board with at least two-thirds approval of the members in attendance. This request was added to the agenda at 4:00 pm on November 23, 2020.
 
I. REPORTS:
1) EXTERNAL APPOINTMENT REPORTS FROM DIRECTORS
 
Comox Valley Regional District Directors may provide verbal updates or reports on their appointments to external bodies.
 
- Correspondence dated November 12, 2020 from Director Arbour regarding his appointments to the Island Corridor Foundation and the Vancouver Island Regional Library, for receipt. [Item
208All1 person/1 vote
 
2) DIRECTOR'S REPORT - 2020 GRANTS IN AID
 
Correspondence dated November 5, 2020 from Director Arbour regarding a request for grant-in-aid, for receipt. [Item
208All1 person/1 vote
 
Requested Action:
 
THAT a grant-in-aid, payable from the respective areas indicated, be approved:
• Denman Island Preschool Society – Blackberry Lane Children’s Centre to assist with the creation of additional, affordable and quality childcare spaces.
o Area A – Denman Island (Function 123) $6,000.00;
o Area A – Hornby Island (Function 124) $4,000.00.
208All1 person/1 vote
 
3) ECONOMIC DEVELOPMENT SELECT COMMITTEE - NOVEMBER 9, 2020
 
Economic Development Select Committee minutes dated November 9, 2020 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the Comox Valley Regional District (CVRD) Board direct staff to budget for Comox Valley Economic Development Society financial services under function No. 550 for the Board’s consideration in 2021-2025 financial planning process;

AND FURTHER THAT the CVRD Board suspend the Economic Development Select Committee’s investigation of potential shared services until the conclusion of the formal service review.
209A, B, C, Cty, CmxWeighted
 
4) SEWAGE COMMISSION - NOVEMBER 10, 2020
 
Comox Valley Sewage Commission minutes dated November 10, 2020 for receipt. [Item
208All1 person/1 vote
 
5) BLACK CREEK - OYSTER BAY SERVICES COMMITTEE - NOVEMBER 16, 2020
 
Black Creek - Oyster Bay Services Committee minutes dated November 16, 2020 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the Oyster River Nature Park access agreement between the Comox Valley Regional District and the Strathcona Regional District attached as Appendix A to the staff report dated November 12, 2020 be approved;

AND FURTHER THAT the Chair and Corporate Officer be authorized to execute the agreement.
209C, DWeighted
 
6) ELECTORAL AREAS SERVICE COMMITTEE - NOVEMBER 16, 2020
 
Electoral Areas Services Committee minutes dated November 16, 2020 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the board approve supporting the Strathcona Regional District’s (SRD) application to the Union of British Columbia Municipalities Community Emergency Preparedness Fund Evacuation Route Planning grant for the maximum potential amount of $50,000.00, to assist in the procurement of a contractor for the evacuation route planning project for Electoral Area C in the Comox Valley Regional District and Electoral Area D of the SRD.

AND FURTHER THAT, the Board endorse SRD staff to manage the overall grant financial administration and project management in collaboration with the Comox Valley Regional District’s Emergency Program.
209A, B, CWeighted
 
Recommendation #2
 
THAT the directors approve a three-year contract extension to be signed with HICEEC for the provision of economic enhancement activities on Hornby Island.
210AllWeighted
 
Recommendation #3
 
THAT the board approve Development Variance Permit DV 5B 20, Unaddressed lot, Galleon Way (1160322 BC Ltd) to increase the maximum allowable height for a single detached dwelling from 10.0 metres to 12.2 metres, on property described as the North 1/2 of the South 1/2 of District Lot 206, Comox District, Except Thereout Anderton Road as Shown on Plan 425 RW and Except Parts in Plans 31744, 34264 and 35732, PID 002-132-141 (Unaddressed lot on Galleon Way);

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 approve Development Variance Permit DV 2A 20, 7821 Ships Point Road (Ivan) to reduce the front yard setback pertaining to Baynes Drive from 4.5 metres to 2.5 metres for the foundation of a carriage house, and from 2.5 metres to 1.9 metres for the eaves of a carriage house, on property described as Lot 72, District Lot 26, Newcastle District, Plan 18550, PID 003-758-053 (7821 Ships Point Road);

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 applications by 3L Developments Inc. to amend Bylaw No. 2042 being the Rural Comox Valley Official Community Plan Bylaw, 1998, Bylaw No. 337, being the Rural Comox Valley Official Community Plan Bylaw No 337, 2014, and Bylaw No. 520, being the Rural Comox Valley Zoning Bylaw No. 520, 2019, in order to subdivide and develop lands legally known as:
• That Part of the NW ¼ of Section 10, Township 9, Comox District, Plan 552G, Lying West of Puntledge River, except that part in Plan VIP70188 and EPP24391 (PID 000-866-792);
• The south west ¼ of Section 15, Township 9, Comox District, Plan 552G, except that part shown coloured red on Plan 79 RW and except that part in plan VIP70188 (PID 000-866-814);
• That Part of the north ½ section 14, Township 9, Comox District, Plan 552G lying to the South of the North bank of the Puntledge River (PID 003-922-308);
• That Part of the south east ¼ of section 14, Township 9, Comox District, Plan 552G lying to the west of the east bank of the Puntledge River except those parts in Plans 8304 and 9343 (PID 003-922-391);
• The south west ¼ section of Section 14, Township 9, Comox District, Plan 552G, except that part in Plan 9343 and except that part shown coloured red on Plan 829 R.W. (PID 003-924-033);
• Lot A Sections 10 and 15, Township 9, Comox District, Plan EPP23059 (PID 028-915-194);
be refused.
208 and 213A, B, C1 person/1 vote
 
Recommendation #6
 
THAT staff be directed to work with 3L Developments Inc. towards securing public access to Stotan Falls.
208 and 213A, B, C1 person/1 vote
 
Recommendation #7
 
THAT the Comox Valley Regional District participate in the implementation phase of the Regional Adaptation Strategies: Vancouver Island as administered by BC Agriculture and Food Climate Action Initiative.
208 and 212All1 person/1 vote
 
Recommendation #8
 
THAT $40,000 of Electoral Area Community Works Funds, equally distributed between defined Baynes Sound – Denman/ Hornby Islands (Electoral Area A), Lazo North (Electoral Area B), and Puntledge – Black Creek (Electoral Area C), be committed to support the installation of four (4) electric vehicle charging stations to be situated on publicly owned properties within the Comox Valley.
208All1 person/1 vote
 
Recommendation #9
 
THAT staff bring forward a Phase II Public Engagement plan for the proposed roadside garbage, recycling and yard waste collection services, and consult on the proposed service area within the electoral areas of the Comox Valley Regional District.
208All1 person/1 vote
 
7) INTEGRATED REGIONAL TRANSPORTATION SELECT COMMITTEE - NOVEMBER 16, 2020
 
Integrated Regional Transportation Select Committee minutes dated November 16, 2020 for receipt. [Item
208All1 person/1 vote
 
8) SEWAGE COMMISSION - NOVEMBER 17, 2020
 
Comox Valley Sewage Commission minutes dated November 17, 2020 for receipt. [Item
208All1 person/1 vote
 
9) SPORTS CENTRE COMMISSION - NOVEMBER 17, 2020
 
Comox Valley Sports Centre Commission minutes dated November 17, 2020 for receipt. [Item
208All1 person/1 vote
 
10) COMMITTEE OF THE WHOLE - NOVEMBER 17, 2020
 
Committee of the Whole minutes dated November 17, 2020 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the board offer support in principle for the food hub grant proposal subject to further dialogue between staff and the Comox Valley Economic Development Society.
208All1 person/1 vote
 
Recommendation #2
 
THAT the 2020 – 2024 financial plan and capital expenditure program for the Regional Growth Strategy service, function No. 512, be amended by increasing other professional fees in 2020 by $32,250 to support the implementation of the Comox Valley Regional District Residential Retrofit Market Acceleration Strategy, funded by the reallocation of $32,250 in funds allocated from prior years in the Administration and General Government service, function No. 111, originally reserved to create a pilot project for an in-house retrofit rebate program in wood smoke hot spot areas.
208 and 212All1 person/1 vote
 
Recommendation #3
 
THAT the 2020 – 2024 financial plan and capital expenditure program for the Regional Growth Strategy service, function No. 512, be amended by increasing other professional fees by $50,000 in 2020 and a further $50,000 in 2021 in support of the preparation of a regional Poverty Reduction Strategy. This is to be funded by a recently awarded provincial Poverty Reduction Planning & Action program grant totalling $100,000.
208 and 212All1 person/1 vote
 
Recommendation #4
 
THAT the 2020 – 2024 financial plan and capital expenditure program for the Regional Growth Strategy service, function No. 512, be amended by increasing transfers to other governments by $40,000 in 2020, as the Comox Valley Regional District’s portion of the installation costs of four Electric Vehicle Charging Stations secured through the CleanBC Clean Communities Fund, to be funded by $40,000 of Electoral Areas Community Works Funds.
208 and 212All1 person/1 vote
 
Recommendation #5
 
THAT the 2020-2024 financial plan and capital expenditure program for the Electoral Areas Planning Service, functions 500 - 503, be amended by increasing other professional fees in function 503 by $150,000 in 2020 to support the preparation of a coastal flood adaptation strategy, to be funded by a recently awarded Union of British Columbia Municipalities’ Community Emergency Preparedness Fund (CEPF) grant of the same amount.
208 and 213A, B, C1 person/1 vote
 
CAO Recommendation:
 
That the Comox Valley Regional District write a letter of support for the Strathcona Regional District and Connected Coast project for their efforts to secure all necessary permits within the CVRD including identification of best sites, design and tenure agreements for landings, Points of Presence and ROWs.
208All1 person/1 vote
 
11) SERVICE REVIEW INITIATION - COMOX VALLEY ECONOMIC DEVELOPMENT SERVICE
 
Report dated November 19, 2020 providing information concerning the logistics and process for a formal service review of the Comox Valley Economic Development Service following its initiation by the Town of Comox, for receipt. [Item
209A, B, C, Cty, CmxWeighted
 
Recommendation #1:
 
THAT in accordance with section 359 of the Local Government Act, a preliminary meeting of the Comox Valley Economic Development Service Review be scheduled for 10:00 am on Tuesday, January 19, 2021 or, if necessary, a suitable alternative date as determined in collaboration with the service review participants and set by the Comox Valley Regional District (CVRD) Board Chair;

AND FURTHER THAT the municipal participants in the service, namely the:
- City of Courtenay
- Town of Comox
be requested to appoint a representative to the Comox Valley Economic Development Service Review;

AND FURTHER THAT the CVRD Board Chair be appointed as the representative of the Comox Valley Regional District Board;

AND FINALLY THAT all service participants be encouraged to consider adopting an alternative structure and process for economic development service reform at the proposed January 2021 preliminary meeting.
209A, B, C, Cty, CmxWeighted
 
Recommendation #2
 
THAT the Chief Administrative Officer, in consultation with the Chief Administrative Officers of the Town of Comox and City of Courtenay, engage a facilitator to support the statutory review process for the Comox Valley Economic Development Service.
209A, B, C, Cty, CmxWeighted
 
12) ECONOMIC DEVELOPMENT TASK FORCE RECOMMENDATIONS
 
Report dated November 23, 2020 regarding support for the Comox Valley Regional District to liaise with various levels of government to action some recommendations developed by the Economic Recovery Task Force for receipt. [Item
209A, B, C, Cty, CmxWeighted
 
Recommendation:
 
THAT the board endorse the Economic Recovery Task Force proposed communications with the Union of BC Municipalities, the provincial and federal governments as highlighted in Schedule A; writing letters of support for the following initiatives:
• Tax credit for buying Canadian Artworks;
• Access to reliable, affordable, high capacity internet;
• Expanding permissive tax exemptions to child care sector;
• UBCM to create a child care pandemic response team;
• Wage increase for front-line workers;
• Develop more specific health and safety guidelines;
• Consider support for international tourism, as it applies to international education;
• Student employment support;
• Lobby to waive permit fees for 2020 park and crown land permits;


AND FURTHER THAT staff report back on the actions specific to the Comox Valley Regional District through the budget process.
209A, B, C, Cty, CmxWeighted
 
NOTE: This report was added to the agenda at 9:30 am on November 24, 2020
 
13) BOARD CODE OF CONDUCT POLICY REVIEW
 
In accordance with the Board Code of Conduct Policy, staff will provide a brief review of the policy for consideration of the Board. [Item
 
J. BYLAWS AND RESOLUTIONS:
First, second and third readings and adoption
 
1) RECOMMENDATION for Bylaw No. 628 being "Grant Revenue Anticipation Borrowing Bylaw No. 628, 2020, Amendment No. 1"
 
THAT Bylaw No. 628 being “Grant Revenue Anticipation Borrowing Bylaw No. 628, 2020, Amendment No. 1” be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 628 being “Grant Revenue Anticipation Borrowing Bylaw No. 628, 2020, Amendment No. 1” be given third reading.
208All1 person/1 vote
 
THAT Bylaw No. 628 being “Grant Revenue Anticipation Borrowing Bylaw No. 628, 2020, Amendment No. 1” be adopted.
208All1 person/1 vote
 
NOTE: adoption of the above bylaw requires a two-thirds affirmative vote for approval.
 
Adoption
 
2) RECOMMENDATION for Bylaw No. 604 being "Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 5"
 
THAT Bylaw No. 604 being "Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 5" be adopted. [Item
208 and 213A, B, CWeighted
 
3) RECOMMENDATION for Bylaw No. 625 being "Comox Valley Electoral Areas Animal Control Bylaw No. 100, 2010, Amendment No. 1"
 
THAT Bylaw No. 625 being "Comox Valley Electoral Areas Animal Control Bylaw No. 100, 2010, Amendment No. 1" be adopted. [Item
209A, B, CWeighted
 
4) RECOMMENDATION for Bylaw No. 626 being "Electoral Areas Noise Control Regulations Bylaw No. 102, 2010, Amendment No. 1"
 
THAT Bylaw No. 626 being "Electoral Areas Noise Control Regulations Bylaw No. 102, 2010, Amendment No. 1" be adopted. [Item
209A, B, CWeighted
 
5) RECOMMENDATION for Bylaw No. 627 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 19"
 
THAT Bylaw No. 627 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 19" be adopted. [Item
209A, B, CWeighted
 
K. NEW BUSINESS:
1) VANCOUVER ISLAND REGIONAL LIBRARY (VIRL) BOARD - 2021 APPOINTMENT
 
Correspondence dated October 30, 2020, from Rosemary Bonanno, Executive Director, Vancouver Island Regional Library (VIRL) requesting appointments to the VIRL Board for 2021, for receipt. [Item
208All1 person/1 vote
 
Requested Action:
 
THAT the following appointments be made to the 2021 Vancouver Island Regional Library Board:
- Member: ___________________ (one electoral area director to be selected); and
- Alternate member: ___________________ (one electoral area director to be selected);

AND FURTHER THAT remuneration be paid for meeting attendance in accordance with CVRD Bylaw No. 236 being “Comox Valley Regional District Remuneration and Expenses Bylaw 2012” provided that remuneration is not paid directly by the Vancouver Island Regional Library.
208All1 person/1 vote
 
L. ADDENDUM - UPON APPROVAL OF THE BOARD:
Recommendation:
 
THAT the addendum be considered.
208All1 person/1 vote
 
1) ELECTORAL AREAS SERVICES COMMITTEE - NOVEMBER 23, 2020
 
Electoral Areas Services Committee meeting minutes dated November 23, 2020 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT staff be directed to pursue the restructuring of regulatory services in the Electoral Areas, as outlined in the staff report dated November 9, 2020, by bringing forward:
- A communications plan to inform and engage residents; and
- The necessary bylaws to merge and repeal the applicable service establishment bylaws.
209A, B, CWeighted
 
Recommendation #2
 
THAT the Royston water supply agreement between the Comox Valley Regional District and the Village of Cumberland attached as Appendix A be approved;

AND FURTHER THAT the Chair and Corporate Officer be authorized to execute the agreement.
207All1 person/1 vote
 
Recommendation #3
 
THAT the 2021 water services agreement between the Comox Valley Regional District and the Graham Lake Improvement District, attached as Appendix A to the staff report dated November 12, 2020 be approved;

AND FURTHER THAT the Chair and Corporate Officer be authorized to execute the agreement.
207All1 person/1 vote
 
Recommendation #4
 
THAT the board approve the concept of the singular alternative approval process, to occur in May/June 2021;

AND FURTHER THAT the following projects be considered for the singular Alternative Approval Process (AAP) with additional presentation at subsequent committee, commission or board meetings as needed:

- Rural Cumberland Fire Maximum Requisition Increase
- Electoral Areas Community Halls Service Establishment
- Saratoga Pest Management Service Establishment;

AND FINALLY THAT the final set of projects for the singular AAP be determined in February 2021, including any required bylaw readings and / or project logistics.
208All1 person/1 vote
 
Recommendation #5
 
THAT the Comox Valley Regional District remains committed to working with K’ómoks First Nation towards implementation of the Royston/Union Bay Sewer Extension Project;

AND FURTHER THAT this commitment will take the form of exploring all opportunities to fund the project, lobbying provincial and federal government for their support of the project, and working with provincial staff to advance the project towards implementation;

AND FURTHER THAT this recommendation form the basis of a Memorandum of Understanding between Comox Valley Regional District and K’ómoks First Nation;

AND FINALLY THAT this report and recommendations be shared with K’ómoks First Nation.
208All1 person/1 vote
 
Recommendation #6
 
THAT the 2020-2024 financial plan and capital expenditure program for the Electoral Areas Emergency Program Service, function 271 be amended by increasing capital expenditures in 2020 by $8,000 to accommodate the purchase and installation of a sea-can container to be located at the Oyster River Fire Hall;

AND FURTHER THAT the purchase and installation costs be funded by a transfer of $4,000 (50%) from the future expenditures reserves for the service with the remaining 50% by way of a contribution from the Strathcona Regional District as per contribution agreement.
209A, B, CWeighted
 
Recommendation #7
 
THAT staff be directed to include the proposal to lower or eliminate minimum lot areas for the keeping of chickens in the upcoming general amendments to the Zoning Bylaw.
208 and 213A, B, C1 person/1 vote
 
2) MINISTRY OF AGRICULTURE - FOOD HUB GRANT APPLICATION
 
Report dated November 24, 2020 regarding an update on the submission of a grant application to the Ministry of Agriculture for the Merville Hall Food Hub for receipt. [Item
209A, B, C, Cty, Cmx1 person/1 vote
 
Recommendation:
 
THAT the Comox Valley Regional District support the grant application to the Ministry of Agriculture for the Rural Community Food Hub project located at the Merville Community Association Hall for $576,340.
209A, B, C, Cty, Cmx1 person/1 vote
 
NOTE: This report was added to the addendum at 2:30 pm on November 24, 2020.
 
M. MEDIA QUESTIONS:
N. TERMINATION:
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