COMOX VALLEY REGIONAL DISTRICT BOARD

Tuesday, January 11, 2022
Minutes of the meeting of the Comox Valley Regional District Board of Directors held on January 11, 2022 in the Civic Room of the Comox Valley Regional District offices located at 770 Harmston Avenue, Courtenay, BC commencing at 4:05 pm.
 
 
MINUTES
     
 
Present:
Chair:J. KetlerVillage of Cumberland
Vice-Chair:A. HamirLazo North (Area B)
Directors:D. ArbourBaynes Sound-Denman/Hornby Islands (Area A)
 W. Cole-HamiltonCity of Courtenay
 K. GrantTown of Comox
 E. GrievePuntledge/Black Creek (Area C)
 D. HillianCity of Courtenay
 M. McCollumCity of Courtenay
 W. MorinCity of Courtenay
 M. SwiftTown of Comox
 B. LeighOyster Bay – Buttle Lake (Area D)
Staff:R. DysonChief Administrative Officer
 J. WarrenDeputy Chief Administrative Officer
 J. NelsonChief Financial Officer
 D. DeMarzoGeneral Manager of Community Services
 J. MartensGeneral Manager of Corporate Services
 M. RuttenGeneral Manager of Engineering Services
 A. MullalyGeneral Manager of Planning and Development
 L. DennisManager of Legislative Services
 
   
ATTENDANCE:
Directors Arbour, Grant, Grieve, Hamir, Hillian, Leigh, Morin and Swift attended via electronic means.
 
 
RECOGNITION OF TRADITIONAL TERRITORIES:
The Chair acknowledged that the meeting was being held on the unceded traditional territory of the K’ómoks First Nation and read the following article from the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) available online at: www.un.org/ :

Article 44: All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.
 
 
IN-CAMERA MEETING:
M. McCollum/W. Cole-Hamilton: 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)(f) Law enforcement, if the committee/board considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment; 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.
208Carried
 
ADOPTION OF MINUTES:
W. Cole-Hamilton/M. McCollum: THAT the Comox Valley Regional District Board minutes dated December 7, 2021 be adopted.
208Carried
 
PETITIONS AND DELEGATIONS:
COMOX VALLEY SEARCH AND RESCUE
 
 
D. Hillian/M. Swift: THAT the delegation presentation from Paul Berry and Bronwen Beedle, Comox Valley Search and Rescue, regarding the purchase of a permanent rescue base facility and request for a financial contribution/donation be received.
208Carried
 
CARBONSENSE
 
 
W. Cole-Hamilton/M. McCollum: THAT the delegation presentation from David Mills, CarbonSense, regarding the launch of a residential electrification incentive program and request for a letter of support and staff time related to review of their proposal and application for funding be received.
208Carried
 
COMOX VALLEY FARMERS' MARKET
 
 
A. Hamir/W. Cole-Hamilton: THAT the delegation presentation fromTwila Skinner, Comox Valley Farmers' Market, regarding possibilities for a bus loop to the Exhibition Grounds and location options for farmers' market be received.
208Carried
 
REPORTS:
BLACK CREEK – OYSTER BAY SERVICES COMMITTEE – DECEMBER 6, 2021
 
 
B. Leigh/E. Grieve: THAT the Black Creek – Oyster Bay Services Committee minutes dated December 6, 2021 be received.
208Carried
 
B. Leigh/E. Grieve: THAT the board consider three readings of an amendment to Bylaw No. 1557 being “Black Creek/ Oyster Bay Water Local Service Area Conversion and Establishment Bylaw, 1993” to include Lot 2, Block 29, Plan VIP81047, Land District 15 into the BCOB water local service area;

AND FURTHER THAT the director for Electoral Area C (Puntledge Black Creek) and the director from Strathcona Regional District’s Electoral Area D (Oyster Bay – Buttle Lake), as participants in the Black Creek-Oyster Bay Water Local Service Area, consent to the amendment of the service establishment bylaw in writing;

AND FINALLY THAT upon the completed subdivision of the property described above the board consider adoption of the amending bylaw.
209Carried
 
E. Grieve/B. Leigh: THAT the board endorse the updates to the Comox Valley Regional District Fire Department Operational Guidelines Manual as per Appendix A attached to the Comox Valley Regional District Fire Department Operational Guidelines staff report, dated October 25, 2021.
209Carried
 
E. Grieve/B. Leigh: THAT the board consider three readings and subsequent adoption of Bylaw No. 624 being “Black Creek/Oyster Bay Fire Protection Local Service Area Conversion/Establishment Bylaw No. 1964, 1997, Amendment No. 7” to amend the boundary of the Black Creek Oyster Bay Fire Protection Service Area to include properties located at 4030, 4040, and 4050 Deerfield Road as outlined in the staff report dated December 3, 2021;

AND FURTHER THAT the Directors for Electoral Area C and Electoral Area D, being the service participants, be authorized to consent to the amendment of Bylaw No. 1964 being the “Black Creek/Oyster Bay Fire Protection Service Local Service Area Conversion/Establishment Bylaw No. 1964, 1997” in writing.
209Carried
 
E. Grieve/B. Leigh: THAT staff prepare a fire regulation bylaw and a fire administration bylaw applicable to the Black Creek - Oyster Bay, Greater Merville and Mt. Washington Fire Protection Service Areas as outlined in the staff report dated December 2, 2021.
209Carried
 
B. Leigh/E. Grieve: THAT staff prepare bylaw amendments for the following bylaws to reflect new fire regulation and fire administration bylaws, as outlined in the staff report dated December 2, 2021:
• Bylaw No. 104 being “Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010”;
• Bylaw No. 237 being “Comox Valley Regional District Elected Officials, Directors, Officers and Employees Indemnification Bylaw No. 237”.
• Bylaw No. 679 being “Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679,
209Carried
 
ELECTORAL AREAS SERVICES COMMITTEE – DECEMBER 6, 2021
 
 
D. Hillian/A. Hamir: THAT the Electoral Areas Services Committee minutes dated December 6, 2021 be received.
208Carried
 
A. Hamir/E. Grieve: THAT staff prepare a fire regulation bylaw and a fire administration bylaw applicable to the Black Creek/ Oyster Bay, Greater Merville and Mt. Washington Fire Protection Service Areas as outlined in the staff report dated December 2, 2021.
209Carried
 
D. Hillian/W. Cole-Hamilton: THAT the agenda be varied to bring forward agenda items G.1 and G.2 - bylaws no. 624 and 689.
208Carried
 
B. Leigh/W. Cole-Hamilton: THAT Bylaw No. 624 being “Black Creek/Oyster Bay Fire Protection Local Service Area Conversion/Establishment Bylaw Amendment No. 7” be given first and second readings concurrently.
208Carried
 
B. Leigh/E. Grieve: THAT Bylaw No. 624 being "Black Creek/Oyster Bay Fire Protection Local Service Area Conversion/Establishment Bylaw Amendment No. 7" be read a third time.
208Carried
 
B. Leigh/E. Grieve: THAT Bylaw No. 689 being “Northern Fire Protection Service Areas Regulations Bylaw No. 689, 2022” be given first and second readings concurrently.
209Carried
 
E. Grieve/B. Leigh: THAT Bylaw No. 689 being "Northern Fire Protection Service Areas Regulations Bylaw No. 689, 2022" be read a third time.
209Carried
 
Director Leigh left the meeting at 5:40 pm.
 
 
A. Hamir/W. Cole-Hamilton: THAT the Comox Valley Regional District Board approve Development Variance Permit DV 2C 21 (Touhey) to increase the maximum height allowed for a principal dwelling from 10.0 metres to 12.0 metres on property described as Strata Lot 2, Block 1450, Comox District, Strata Plan 799 (Phase 1), Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1, PID 000-760-978 (716 Glacier View Close);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
E. Grieve/W. Cole-Hamilton: THAT the Comox Valley Regional District Board approve Development Variance Permit DV 4A 21 (Latta) to increase the maximum height allowed for a principal dwelling from 10.0 metres to 11.0 metres on property described as Lot 1 of Lot 31G of Section 2A, Nelson District, Plan 23003, PID 003-213-447 (6550 Island Highway South);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
E. Grieve/W. Cole-Hamilton: THAT the Comox Valley Regional District Board approve the Farm Land Protection Development Permit DP 11B 21 (Potter-Cogan) on the property described as Lot 10, District Lot 196, Comox District, Plan 13747, PID 004-630-505 (1226/1228 Don Road) for the demolition of a building and the construction of a new house with a minimum 19.5 metre setback from the agricultural property and fencing and vegetative buffer along the north lot line;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
W. Cole-Hamilton/M. McCollum: THAT the 2022 water services agreement between the Comox Valley Regional District and the Graham Lake Improvement District, attached to this report dated December , 2021, as Appendix A be approved;

AND FURTHER THAT the Corporate Officer be authorized to execute the agreement.
207Carried
 
A. Hamir/W. Cole-Hamilton: THAT the Electoral Area Services Committee recommends to the Comox Valley Regional District Board that the $402,000 additional BC Safe Restart grant funding be allocated to support the initiatives as presented in the December 3, 2021 staff report.
208Carried
 
W. Cole-Hamilton/A. Hamir: THAT the recently constructed trail in Union Bay of 120 metres within the Third Street allowance and E&N railway corridor, authorized under Ministry of Transportation and Infrastructure permit No. 2018-04133 and a 25-year licence with the Island Corridor Foundation, be added to Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010”;

AND FURTHER THAT this trail be named Union Bay Connector Trail.
209Carried
 
E. Grieve/W. Cole-Hamilton: THAT the recently constructed stairs within the Kirk Road allowance and authorized under a 10- year licence of occupation being permit No. 103304 with the Ministry of Transportation and Infrastructure be added to Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” as part of the Denman Cross-Island Trail.
209Carried
 
M. McCollum/W. Cole-Hamilton: THAT the 1.17 kilometre trail on Denman Island located within a statutory right-of-way obtained in 2018 over Sections 26 and 29, Nanaimo District be added to Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” allowing equestrian use of the trail;

AND FURTHER THAT this trail be named Railway Grade Connector Trail.
209Carried
 
E. Grieve/M. McCollum: THAT 0.62 hectares (1.53 acres) of the Piercy Road allowance on Denman Island authorized under a 10-year licence of occupation being permit No. 103304 with the Ministry of Transportation and Infrastructure be added to Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010”;

AND FURTHER THAT this park be named Piercy Park.
209Carried
 
W. Cole-Hamilton/M. McCollum: THAT the recently constructed trail on Hornby Island of 800 metres within the Gull Road allowance between Fowler and St. John’s Point roads and authorized under Ministry of Transportation and Infrastructure permit No. 2019-00081 be added to Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” allowing equestrian use of the trail;

AND FURTHER THAT this trail be named Gull Road Greenway.
209Carried
 
W. Cole-Hamilton/E. Grieve: THAT the 22.1 hectares (52.14 acres) of land purchased in 2019 jointly with the Comox Valley Land Trust at 4430 Lake Trail Road being Lot A, Section 2, Township 9, Comox District VIP87724 and named qax mot Conservation Area be added to Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” allowing equestrian use of trails and requiring leashing of pets.
209Carried
 
M. McCollum/E. Grieve: THAT Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” be amended as noted in the staff report dated December 1, 2021, to introduce regulations related to:
i. Parking for persons with disabilities;
ii. Feeding wildlife;
iii. Inappropriate use of garbage cans; and
iv. New and expanded parks and greenways.
209Carried
 
A. Hamir/D. Hillian: THAT Bylaw No. 104 being “Municipal Ticket Information Bylaw No. 104, 2010” and Bylaw No. 679 being “Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021” be amended as outlined in the staff report dated December 1, 2021, to introduce fines to Schedule 5 for Electoral Areas Parks Regulation Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw
No. 103, 2010” for the following:
i. Parking for persons with disabilities;
ii. Feeding wildlife; and
iii. Inappropriate use of garbage cans.
209Carried
 
M. McCollum/W. Cole-Hamilton: THAT Bylaw No. 238 being “Comox Valley Regional District Parkland Development Cost Charges Bylaw No. 238, 2012” be amended as outlined in the staff report dated December 1, 2021, to make the definition of multi-family dwellings consistent with the “Rural Comox Valley Zoning Bylaw No. 520, 2019,” and to clarify that tourist commercial accommodation charges are per bedroom.
209Carried
 
D. Hillian/M. McCollum: THAT staff prepare a fire regulation bylaw for the Union Bay Fire Protection Service Area.
207Carried
 
E. Grieve/W. Cole-Hamilton: THAT staff prepare bylaw amendments for the following bylaws to reflect new fire regulation and fire administration bylaws, as outlined in the staff report dated December 2, 2021:
• Bylaw No. 104 being “Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010”;
• Bylaw No. 237 being “Comox Valley Regional District Elected Officials, Directors, Officers and Employees Indemnification Bylaw No. 237”.
• Bylaw No. 679 being “Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021”.
209Carried
 
COMOX VALLEY SEWAGE COMMISSION – DECEMBER 7, 2021
 
 
D. Hillian/W. Cole-Hamilton: THAT the Sewage Commission minutes dated December 6, 2022 be received.
208Carried
 
COMOX VALLEY WATER COMMITTEE - DECEMBER 7, 2021
 
 
W. Morin/M. McCollum: THAT the Water Committee minutes dated December 7, 2021 be received.
208Carried
 
COMOX YOUTH CLIMATE COUNCIL – GREEN NEW DEAL
 
 
W. Cole-Hamilton/D. Hillian: THAT the report dated January 7, 2022 regarding a cursory review of the Green New Deal requests presented by the Comox Youth Climate Council be received.
208 and 212Carried
 
J. Martens, General Manager of Corporate Services, provided an overview of the report regarding a cursory review of the Green New Deal requests presented by the Comox Youth Climate Council.
 
 
D. Hillian/E. Grieve: THAT the board write to the Prime Minister and Premier to encourage further action and support for climate change mitigation and a just transition through economic, environmental and social policy to ensure an equitable and prosperous future;

AND THAT staff present a report on options for moving forward with action items.
208 and 212Carried
 
INTER-REGIONAL TRANSIT
 
 
M. McCollum/W. Cole-Hamilton: THAT the report dated December 14, 2021 regarding an update on the concept of inter-regional public transit be received.
209Carried
 
M. Zbarsky, Manager of Transit and Facilities, provided an overview of the staff report regarding an update on the concept of inter-regional public transit.
 
 
D. Arbour/A. Hamir: THAT an inter-regional connection with Nanaimo be considered as part of the upcoming Comox Valley Transit Future Action Plan;

AND FURTHER THAT the Comox Valley Regional District Board send a letter to the Minister of Transportation and Infrastructure, with copies sent to all Vancouver Island regional districts and BC Transit, supporting the development of a Vancouver Island Transportation Plan and provincial intercity ground transportation plan, to be led by the province.
209Carried
 
DIRECTORS' REMUNERATION REVIEW
 
 
W. Cole-Hamilton/A. Hamir: THAT the report dated January 5, 2022 regarding proceeding with a Directors’ remuneration review in accordance with Bylaw No. 236 being “Comox Valley Regional District Remuneration and Expenses Bylaw 2012" be received.
208Carried
 
BYLAWS AND RESOLUTIONS:
D. Hillian/M. McCollum: THAT Bylaw No. 688 being “Union Bay Fire Protection Service Regulation Bylaw No. 688, 2022” be given first and second readings concurrently.
207Carried
 
D. Hillian/W. Cole-Hamilton: THAT Bylaw No.688 being "Union Bay Fire Protection Service Regulation Bylaw No. 688, 2022" be read a third time.
207Carried
 
M. McCollum/W. Cole-Hamilton: THAT Bylaw No.691 being “Comox Valley Regional District Elected Officials, Directors, Officers and Employees Indemnification Bylaw No. 237, Amendment No. 2” be given first and second readings concurrently.
208Carried
 
W. Cole-Hamilton/M. McCollum: THAT Bylaw No. 691 being "Comox Valley Regional District Elected Officials, Directors, Officers and Employees Indemnification Bylaw No. 237, Amendment No. 2" be read a third time.
208Carried
 
M. McCollum/W. Cole-Hamilton: THAT Bylaw No. 693 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010, Amendment No. 8” be given first and second readings concurrently.
209Carried
 
M. McCollum/W. Cole-Hamilton: THAT Bylaw No. 693 being "Electoral Areas Parks Regulations Bylaw No. 103, 2010, Amendment No. 8" be read a third time.
209Carried
 
D. Hillian/E. Grieve: THAT Bylaw No. 694 being “Comox Valley Regional District Parkland Development Cost Charges Bylaw No. 238, 2012, Amendment No. 1” be given first and second readings concurrently.
209Carried
 
D. Hillian/M. McCollum: THAT Bylaw No. 694 being "Comox Valley Regional District Parkland Development Cost Charges Bylaw No. 238, 2012, Amendment No. 1" be read a third time.
209Carried
 
W. Cole-Hamilton/M. McCollum: THAT Bylaw No. 665 being "Comox Valley Regional District Procedure Bylaw No. 1, 2008, Amendment No. 6" be adopted.
208Carried
 
D. Hillian/M. McCollum: THAT Bylaw No. 684 being "Revenue Anticipation Borrowing Bylaw No. 684, 2022" be adopted.
210Carried
 
NEW BUSINESS:
LETTER OF SUPPORT - K’ÓMOKS FIRST NATION
 
 
D. Hillian/M. McCollum: THAT the correspondence dated Janaury 5, 2022 regarding letter of support to K’ómoks First Nation for their application to the Department of Fisheries and Oceans Canada to be selected as the pilot site for aquaculture area based management be received.
208Carried
 
D. Hillian/W. Cole-Hamilton: THAT the attached draft letter to the K’ómoks First Nation providing support for their aquaculture area based management application to Fisheries and Oceans Canada be approved;

AND FURTHER THAT the Chair be authorized to sign the letter.
208Carried
 
TELUS LETTER OF SUPPORT
 
 
E. Grieve/D. Arbour: THAT a late item regarding a request from Director Grieve for a letter of support for a Telus application for funding assistance from the Connecting BC Program to provide improved broadband connectivity to Forbidden Plateau be received.
208Carried
 
E. Grieve/W. Cole-Hamilton: THAT the board provide a letter of support for a TELUS application to provide increased broadband connectivity to Forbidden Plateau under the BC Economic Recovery Intake Fund, as general support for the importance of providing high-speed connectivity to residents in the area.
208Carried
 
ADJOURN TO IN-CAMERA:
The board adjourned to its in-camera session at 7:08 pm.
 
 
RISE AND REPORT:
The board rose from its in-camera session at 7:31 pm and reported on the release of a report dated December 3, 2021 regarding Rural Waste and Recycling Options including the following resolutions:
 
 
"THAT a letter be sent to the Comox Strathcona Waste Management (CSWM) Board requesting a review of rural resident diversion opportunities and rural waste collection within the CSWM service area as part of the Solid Waste Management Plan update"; and,
 
 
"THAT a letter be sent to the Comox Strathcona Waste Management Board supporting the work planned for improvements to the Oyster River recycling depot, to provide Electoral Area C (Puntledge – Black Creek) residents increased access to diversion".
 
 
TERMINATION:
D. Hillian/W. Cole-Hamilton: THAT the meeting terminate.
208Carried
 
Time: 7:31 pm.
 
 
 Confirmed this 25th day of January, 2022:


____________________________________
Jesse Ketler
Chair
 
Certified Correct and Recorded By:


____________________________________
Lisa Dennis
Manager of Legislative Services
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