NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD


Tuesday, October 26, 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.

NOTE: Director Leigh, Electoral Area D (Oyster Bay - Buttle Lake), may attend a portion of this meeting to consider items F.1 and G.1 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:
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 42: The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.
 
B. 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)(c) Labour relations or employee negotiations;

AND FINALLY THAT the in-camera portion convene immediately following the open portion of the meeting.
 
C. ADOPTION OF MINUTES:
Comox Valley Regional District Board minutes dated September 28, 2021 for adoption.
208All1 person/1 vote
 
Comox Valley Regional District Board minutes dated October 5, 2021 for adoption.
208All1 person/1 vote
 
D. BUSINESS ARISING FROM MINUTES:
E. PETITIONS AND DELEGATIONS:
F. REPORTS:
1) BLACK CREEK – OYSTER BAY SERVICES COMMITTEE
 
Black Creek – Oyster Bay Services Committee minutes dated September 20, 2021 for receipt.
208All1 person/1 vote
 
Black Creek – Oyster Bay Services Committee minutes dated October 18, 2021 for receipt.
208All1 person/1 vote
 
Recommendation #1
 
THAT no new or upsized connections be approved for any non-in-stream and non-entitled properties within the Black Creek-Oyster Bay Water Local Service Area, as defined in the October 15, 2021 staff report;

AND FURTHER THAT Bylaw No. 5 being “Black Creek/Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008” be amended to include additional language to provide additional authority and flexibility to decline new water connections as per the redline sections highlighted in blue and attached as Appendix A to the staff report dated October 15, 2021;

AND FINALLY THAT staff work with Strathcona Regional District staff to ensure that the connection suspension and bylaw conditions are implemented in a similar manner for all properties located within the Strathcona Regional District Electoral Area D portion of the Black Creek-Oyster Bay Water Local Service Area.
209C, DWeighted
 
Recommendation #2
 
THAT the 2021-2025 financial plan for the Black Creek-Oyster Bay Water Local Service Area, Function 313, be amended to include an additional $100,000 to be funded from reserves for further groundwater exploratory work, preliminary design, a Class C cost estimate and implementation schedule to be brought back to the Black Creek-Oyster Bay Services Committee for review in early 2022.
209C, DWeighted
 
Recommendation #3
 
THAT Bylaw No. 5 being “Black Creek/Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008” be amended to include additional language surrounding use of wells for non-domestic purposes as per the redline sections highlighted in green and attached as Appendix A to the staff report dated October 15, 2021.
209C, DWeighted
 
2) 2021 UBID FINANCIAL STATEMENTS AND AUDITOR’S REPORT
 
Report dated October 21, 2021 regarding the 2021 Financial Statements of the Union Bay Improvement District along with MNP LLP’s report to the Board of Directors relating to the final audit of the UBID for the six month period ended June 30, 2021 for receipt.
208All1 person/1 vote
 
Graham Roberts, MNP, will present information regarding the Union Bay audit findings.
 
Recommendation:
 
THAT the financial statements of the Union Bay Improvement District for the six-month period ended June 30, 2021 be approved.
208All1 person/1 vote
 
3) INDIGNENOUS RELATIONS
 
Report dated October 21, 2021 regarding an update on the Comox Valley Regional Districts (CVRD) Indigenous relations for receipt.
208All1 person/1 vote
 
Representatives from Dillon Consulting will present information regarding conducting an Indigenous Relations Assessment.
 
4) COMOX VALLEY NEIGHBOURHOOD EMERGENCY PREPAREDNESS PROGRAM UPDATE
 
Report dated October 22, 2021 providing an update on the Comox Valley Neighbourhood Emergency Preparedness Program (NEPP), for receipt.
209A, B, CWeighted
 
5) ELECTORAL AREAS SERVICES COMMITTEE – OCTOBER 4, 2021
 
Electoral Areas Services Committee minutes dated October 4, 2021 for receipt.
208All1 person/1 vote
 
Recommendation #1
 
THAT the Comox Valley Regional District Board approve the Development Variance Permit DV 2B 21 (Henderson/Gordon) to reduce the rear yard setback for a secondary dwelling from 7.5 metres to 3.0 metres for the foundation, and from 5.5 metres to 2.4 metres for the eaves, and to reduce the side yard setback for an existing exterior staircase attached to the principal dwelling from 1.15 metres to 0.8 metres for property described as Lot 12, District Lot 206, Comox District, Plan 30535, PID 001-251-333 (2113 Austin 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 Comox Valley Regional District Board endorse the agency referral list as outlined in Appendix A of staff report dated October 1, 2021, and direct staff to start the external agency referral process for Lot 2, District Lot 205, Comox District, Plan VIP52063, PID 017-168-309 (1334 and 1338 Hudson Road) as part of a proposed amendment (RZ 1B 21; McQueen) of Bylaw No. 520 being the “Rural Comox Valley Zoning Bylaw, No. 520, 2019”;

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 213A, B, C1 person/1 vote
 
Recommendation #3
 
THAT the Agricultural Land Commission be advised that the Comox Valley Regional District supports Agricultural Land Reserve Non-Adhering Residential Use application ALR 2C 21 (Fox) concerning a residential use located on Lot 2, Sections 31 and 32, Township 6 and Block 29, Comox District, Plan 5183, PID 005-950-066 (7912 Island Highway North);

AND FINALLY THAT the application ALR 2C 21 (Fox) 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 #4
 
THAT the 2021 approved budget for the Union Bay Water Service, function 308, be amended to include the addition of $50,000 of grant funding from the BC Ministry of Municipal Affairs and a corresponding increase in Other Professional Fees, towards the completion of a Union Bay Water Master Plan.
207All1 person/1 vote
 
Recommendation #5
 
THAT subject to the adoption of the necessary bylaws associated with the Mount Washington Fire Protection Service fire hall project, a contribution of $700,000 from Puntledge - Black Creek (Electoral Area C) and $200,000 from Lazo North (Electoral Area B) Community Works Funds be committed towards the construction of the Mount Washington fire hall.
208All1 person/1 vote
 
6) COMOX VALLEY SEWAGE COMMISSION – OCTOBER 5, 2021
 
Sewage Commission minutes dated October 5, 2021 for receipt.
208All1 person/1 vote
 
7) COMOX VALLEY RECREATION COMMISSION - OCTOBER 5, 2021
 
Recreation Commission minutes dated October 5, 2021 for receipt.
208All1 person/1 vote
 
8) COMMITTEE OF THE WHOLE ELECTED OFFICIALS' FORUM - OCTOBER 12, 2021
 
Committee of the Whole minutes dated October 12, 2021 for receipt.
208All1 person/1 vote
 
9) SPECIAL SEWAGE COMMISSION - OCTOBER 19, 2021
 
Special Sewage Commission minutes dated October 19, 2021 for receipt.
208All1 person/1 vote
 
10) STRATEGIC PLANNING FINDINGS
 
Report dated October 22, 2021 regarding the September 2021 strategic planning findings for receipt.
208All1 person/1 vote
 
Recommendation:
 
THAT the strategic planning process, as described in the October 2021 Corporate Planning Report attached as Appendix A to the staff report dated October 22, 2021, be endorsed with reference to the highest priority initiatives as specifically outlined in the October 22, 2021 report being:
- Regional Growth Strategy review
- Airshed roundtable
- Sustainable services for the south
- Agricultural planning
- Watershed management
- Emergency resilience
- Recreation services and
- Regional climate adaptation and mitigation

AND FURTHER THAT a news release be issued that describes the board’s highest priority initiatives.
208All1 person/1 vote
 
11) PROCEDURE BYLAW UPDATES FOR ELECTRONIC MEETINGS AND PARTICIPATION
 
Report dated October 21, 2021 regarding a proposed amendment to the Comox Valley Regional District Procedure Bylaw to include provisions for the conduct of electronic meetings and participation, the assignment of delegations to the Board or one of its committees and other administrative updates for receipt.
208All1 person/1 vote
 
Recommendation:
 
THAT staff prepare an amendment to Bylaw No. 1 being “Comox Valley Regional District Procedure Bylaw No. 1, 2008” for first, second, third readings at the November 9, 2021 meeting to include provisions regarding electronic meetings and participation;

AND FURTHER THAT the proposed bylaw amendment be referred to the Comox Strathcona Waste Management Board for feedback.
208All1 person/1 vote
 
G. BYLAWS AND RESOLUTIONS:
First, second and third readings
 
1) RECOMMENDATION for Bylaw No. 682 being "Black Creek - Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 10"
 
THAT Bylaw No. 682 being “Black Creek - Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 10” be given first and second readings concurrently.
209C, DWeighted
 
THAT Bylaw No. 682 being "Black Creek - Oyster Bay Water Service Regulation, Fees and Charges Bylaw, 2008, Amendment No. 10" be read a third time.
209C, DWeighted
 
Final adoption
 
2) RECOMMENDATION for Bylaw No. 679 being "Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021"
 
THAT Bylaw No. 679 being "Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021" be adopted.
209A, B, CWeighted
 
3) RECOMMENDATION for Bylaw No. 680 being "Greater Merville Fire Hall Temporary Borrowing Bylaw No. 680, 2021"
 
THAT Bylaw No. 680 being "Greater Merville Fire Hall Temporary Borrowing Bylaw No. 680, 2021" be adopted.
210AllWeighted
 
H. NEW BUSINESS:
I. ADDENDUM - UPON APPROVAL OF THE BOARD:
J. MEDIA QUESTIONS:
K. TERMINATION:
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