NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD


Tuesday, August 24, 2021
Civic Room of the regional district offices, 770 Harmston Avenue, Courtenay, BC commencing at 4:00 pm.

The chair of the board will preside over the meeting according to the CVRD procedure bylaw. This meeting may include participation by members of the board via electronic communication.

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:
The presiding member will 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 39: Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.
 
B. IN-CAMERA MEETING:
Recommendation:
 
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 board considers that disclosure could reasonably be expected to harm the interests of the regional district;

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 August 10, 2021 for adoption. [Item
208All1 person/1 vote
 
D. BUSINESS ARISING FROM MINUTES:
1) COMOX VALLEY REGIONAL DISTRICT BOARD - AUGUST 10, 2021
 
Note: As the required conditions have now been met, the following resolution and staff report is being publicly released:
 
"THAT, subject to receipt of an approved Comox Valley Regional District (CVRD) and Comox Valley Economic Development Society (CVEDS) agreement to transfer the Visitor Centre assets and liabilities from CVEDS to the CVRD, the Board rise and report on this August 5, 2021 staff report, that provides an update on the finalization of the five point plan for the Comox Valley economic development service." [Item
 
E. PETITIONS AND DELEGATIONS:
1) COMOX VALLEY AIRPORT COMMISSION (CVAC)
 
Mike Atkins, CAO, and Martin Crilly, CVAC Board Chair, to present information regarding CVAC goals, values and strategic plan; current and future outlook; board appointment process and economic development.
 
F. REPORTS:
1) ELECTORAL AREAS SERVICES COMMITTEE - AUGUST 9, 2021
 
Electoral Areas Services Committee minutes dated August 9, 2021 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the Comox Valley Regional District Board approve Development Variance Permit DV 2A 21 (3L Developments Inc.) to reduce the required minimum frontage from 10 per cent to 4.25 per cent on property described as Lot 29, Newcastle District, except therefrom the right of way of the Esquimalt and Nanaimo railway as shown on plan attached to DD4433-N, PID 001-613-511 (8991 Island Highway South);

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 Agricultural Land Commission be advised that the Comox Valley Regional District supports Agricultural Land Reserve Non-Adhering Residential Use application ALR 2B 21 (Landers) concerning a residential use located on Lot 2, Section 22, Comox District, Plan VIP74331, PID 025- 497-987 (5028 Headquarters Road);

AND FINALLY THAT the application ALR 2B 21 (Landers) regarding a non-adhering residential use on a property within the Agricultural Land Reserve be forwarded to the Agricultural Land Commission for final consideration.
208 and 213A, B, C1 person/1 vote
 
Recommendation #3
 
THAT the Comox Valley Regional District Board grant an exemption to Bylaw No. 600 being the “Floodplain Management Bylaw No. 600, 2020” to permit the development of a single detached dwelling within the minimum 60 metre floodplain setback of Oyster River (FR 1C 21, Miller) on property described as Lot 4, Section 28, Block 29, Comox District, Plan 32398, PID 000-150-975 (9520 Riverbend Road);

AND FINALLY THAT, as a condition of the site specific exemption to the Floodplain Management Bylaw, the property owners, 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 engineer report prepared by Adrian Chesham, M.Eng., P.Eng., and reviewed by Peter Bullock, M.Eng., P.Eng., dated April 5, 2021 and revised June 2, 2021, 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 #4
 
THAT the Comox Valley Regional District Board approve the Development Permit DP 16C 21 (Munro/Donner) to permit the construction of a single detached dwelling within 30.0 metres of a property within the Agricultural Land Reserve for property described as Lot 15, Block 29, Comox District, Plan 23282, PID 001-819-488 (no civic address, Macaulay 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 pursuant to sections 269 and 407 of the Local Government Act, participating area approval in respect of the following proposed bylaws be obtained via assent voting:

- Denman and Hornby Islands High-Speed Internet Contribution Service Establishment Bylaw No. 672, 2021;
- Denman and Hornby Islands High-Speed Internet Loan Authorization Bylaw No. 673, 2021; and
- Denman and Hornby Islands High-Speed Internet Capital Contribution Agreement Authorization Bylaw No. 678;

AND FURTHER THAT these bylaws be introduced and read three times with Bylaw No. 672 and 673 then being forwarded to the Inspector of Municipalities for approval.
208All1 person/1 vote
 
Recommendation #6
 
THAT the question to be placed on the ballot for assent voting in respect of proposed Bylaws No. 672, 673 and 678 be as follows:

“Are you in favour of the CVRD adopting Denman and Hornby Islands High-Speed Internet Contribution Service Establishment Bylaw No. 672, 2021, Denman and Hornby Islands High-Speed Internet Loan Authorization Bylaw No. 673, 2021, and Denman and Hornby Islands High-Speed Internet Capital Contribution Agreement Authorization Bylaw No. 678 to authorize the following:

- establish and operate a service for providing capital financing for high-speed internet infrastructure;
- borrow $767,677 to be repaid over a maximum 10 year period to finance the development of the high-speed internet infrastructure; and
- enter into a 20 year agreement with City West Cable and Telephone Corp. to provide up to $760,000 capital financing for the development of the high-speed internet service infrastructure.?

_____ Yes _____ No”
208All1 person/1 vote
 
Recommendation #7
 
THAT pursuant to section 176(4) of the Local Government Act, the Notice of Assent Voting contain the following synopsis of proposed Bylaws No. 672, 673 and 678:

"The general intent of Denman and Hornby Islands High-Speed Internet Contribution Service Establishment Bylaw No. 672, 2021, Denman and Hornby Islands High-Speed Internet Loan Authorization Bylaw No. 673, 2021; and Denman and Hornby Islands High- Speed Internet Capital Contribution Agreement Authorization Bylaw No. 678 is to:

- Bylaw No. 672 establishes a service of providing a capital contribution for high-speed internet infrastructure and provide grants and other forms of assistance that benefit residents and community organizations within the service area; and

- Bylaw No. 673 authorizes borrowing up to $767,677 to be repaid over a maximum 10 year period to finance development of high-speed internet infrastructure; and

- Bylaw No. 678 authorizes an agreement with City West Cable & Telephone Corporation under which the CVRD may provide capital financing of up to $760,000 for the development of high-speed internet service infrastructure.

The area that is subject to the proposed bylaws is Hornby Island and Denman Island. A full copy of the proposed bylaws are available for public viewing on the CVRD website at www.comoxvalleyrd.ca or at the CVRD office located at 770 Harmston Avenue, Courtenay, B.C.

Note: this synopsis is not an interpretation of the bylaws.”
208All1 person/1 vote
 
Recommendation #8
 
THAT pursuant to section 58(1) of the Local Government Act, Jake Martens is appointed as Chief Election Officer and Lisa Dennis as Deputy Chief Election Officer for conducting the assent voting, with power to appoint other election officials as required for the administration and conduct of the assent vote for proposed Bylaws No. 672, 673 and 678.
208All1 person/1 vote
 
Recommendation #9
 
THAT the Comox Valley Regional District Board commit $6,500 from the Denman Island Feasibility Study Service (function 154) and $9,500 from the Hornby Island Feasibility Study Service (function 155) for a total of $16,000 for the assent vote and other costs associated with the proposed Denman and Hornby Islands High-Speed Internet Contribution Service project.
208All1 person/1 vote
 
Recommendation #10
 
THAT the pursuant to section 391(4)(a) of the Local Government Act (RSBC 2015 c.1) (LGA) a bylaw be forwarded to the Comox Valley Regional District (CVRD) Board be adopted by October 31, 2021, allowing for a permissive tax exemption for 100 per cent of the taxable land and improvements for the year 2022 for the property known as Parcel A, Plan VIP64403, Land District 15, Folio # 771- 000500.000 (Sunnydale Golf Society) with the exception of the portion of Class 06-Business/Other relating to the pro shop operations.
208All1 person/1 vote
 
Recommendation #11
 
THAT pursuant to section 392(1)(c) of the Local Government Act (RSBC 2015 c.1), a bylaw be prepared providing for a permissive tax exemption for the taxation year 2022 for an amount equal to 100 per cent of the net taxable land and improvements for Section 32, Land District 34, Township 1, Folio #771 010800.000 (Union Bay Historical Society).
208All1 person/1 vote
 
Recommendation #12
 
THAT the unspent $561,076 of the $1.5 million allocation of Community Works Fund for the corporate office construction project be released back into the uncommitted balance to be utilized for other priority projects.
208All1 person/1 vote
 
2) COMOX VALLEY SEWAGE COMMISSION – AUGUST 10, 2021
 
Sewage Commission minutes dated August 10, 2021 for receipt. [Item
208All1 person/1 vote
 
3) COMOX VALLEY WATER COMMITTEE - AUGUST 10, 2021
 
Water Committee minutes dated August 10, 2021 for receipt. [Item
208All1 person/1 vote
 
G. BYLAWS AND RESOLUTIONS:
First, second and third readings
 
1) RECOMMENDATIONS for Bylaw No. 672 being "Denman and Hornby Islands High-Speed Internet Contribution Service Establishment Bylaw No. 672, 2021"
 
THAT Bylaw No. 672 being "Denman and Hornby Islands High-Speed Internet Contribution Service Establishment Bylaw No. 672, 2021" be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 672 being "Denman and Hornby Islands High-Speed Internet Contribution Service Establishment Bylaw No. 672, 2021" be read a third time.
208All1 person/1 vote
 
2) RECOMMENDATIONS for Bylaw No. 673 being “Denman and Hornby Islands High-Speed Internet Loan Authorization Bylaw No. 673, 2021”
 
THAT Bylaw No. 673 being “Denman and Hornby Islands High-Speed Internet Loan Authorization Bylaw No. 673, 2021” be given first and second readings concurrently. [Item
210AllWeighted
 
THAT Bylaw No. 673 being “Denman and Hornby Islands High-Speed Internet Loan Authorization Bylaw No. 673, 2021” be read a third time.
210AllWeighted
 
3) RECOMMENDATIONS for Bylaw No. 676 being “Comox Valley Regional District Property Tax Exemption Bylaw No. 676, 2021” (Sunnydale Golf Society)
 
THAT Bylaw No. 676 being “Comox Valley Regional District Property Tax Exemption Bylaw No. 676, 2021" be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 676 being “Comox Valley Regional District Property Tax Exemption Bylaw No. 676, 2021" be read a third time.
208All1 person/1 vote
 
4) RECOMMENDATIONS for Bylaw No. 677 being “Comox Valley Regional District Property Tax Exemption Bylaw No. 677, 2021” (Union Bay Historical Society)
 
THAT Bylaw No. 677 being “Comox Valley Regional District Property Tax Exemption Bylaw No. 677, 2021" be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 677 being “Comox Valley Regional District Property Tax Exemption Bylaw No. 677, 2021" be read a third time.
208All1 person/1 vote
 
H. NEW BUSINESS:
I. ADDENDUM - UPON APPROVAL OF THE BOARD:
J. MEDIA QUESTIONS:
K. TERMINATION:
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