COMOX VALLEY REGIONAL DISTRICT BOARD

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Tuesday, November 07, 2017
Minutes of the meeting of the Comox Valley Regional District Board of Directors held on Tuesday, November 07, 2017 in the boardroom of the Comox Valley Regional District offices located at 550B Comox Road, Courtenay, BC commencing at 4:00 pm.
 
 
MINUTES
     
 
Present:
Directors:K. GrantTown of Comox
 E. GrievePuntledge/Black Creek (Area 'C')
 L. JangulaCity of Courtenay
 B. JolliffeBaynes Sound-Denman/Hornby Islands (Area 'A')
 R. NicholLazo North (Area 'B')
 B. PriceTown of Comox
 G. SprouleVillage of Cumberland
 M. TheosCity of Courtenay
 B. WellsCity of Courtenay
Alt. Director:D. FrischCity of Courtenay
Staff:B. DunlopCorporate Financial Officer
 R. DysonChief Administrative Officer
 K. La RoseActing General Manager of Engineering Services
 A. MacDonaldGeneral Manager of Planning and Development Services
 J. MartensManager of Legislative Services
 I. SmithGeneral Manager of Community Services
 J. WarrenGeneral Manager of Corporate Services
 
   
ELECTION OF THE COMOX VALLEY REGIONAL DISTRICT CHAIR:
James Warren, Corporate Legislative Officer, called the meeting to order.

Pursuant to the Comox Valley Regional District Procedure Bylaw No. 1, 2008, nominations were called for the position of Board Chair, and Director Jolliffe was nominated. As the only nomination, Director Jolliffe was acclaimed Chair of the Comox Valley Regional District Board.
 
 
ELECTION OF THE COMOX VALLEY REGIONAL DISTRICT VICE-CHAIR:
Pursuant to the Comox Valley Regional District Procedure Bylaw No. 1, 2008, nominations were called for the position of Vice-Chair of the Board of Directors. At the close of nominations, Directors Nichol and Wells were nominated. Voting took place by secret ballot; after the ballot counting by Russell Dyson, James Warren and Jake Martens, the result was announced that Director Wells was elected to the position of Vice-Chair of the Comox Valley Regional District.
 
 
E. Grieve/K. Grant: THAT the ballots be destroyed.
208Carried
 
Chair Jolliffe assumed the role of the presiding member at 4:12 pm.
 
 
REMARKS FROM THE COMOX VALLEY REGIONAL DISTRICT CHAIR OF THE BOARD:
Chair Jolliffe provided opening remarks following the elections.
 
 
IN-CAMERA MEETING:
B. Wells/D. Frisch: THAT the board adjourn to an in-camera session pursuant to the following sub-sections of section 90 of the Community Charter:
90(1)(a) 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;
90(1)(g) Litigation or potential litigation affecting the regional district;

AND FINALLY THAT the in-camera portion convene immediately following the open portion of the meeting.
208Carried
 
ADOPTION OF MINUTES:
R. Nichol/B. Wells: THAT the Comox Valley Regional District Board minutes dated September 19, 2017 be adopted. [Item
208Carried
 
REPORTS:
BOARD OF VARIANCE - SEPTEMBER 20, 2017
 
 
K. Grant/E. Grieve: THAT the Board of Variance minutes dated September 20, 2017 be received. [Item
208Carried
 
COMMITTEE OF THE WHOLE - OCTOBER 3, 2017
 
 
E. Grieve/K. Grant: THAT the Committee of the Whole minutes dated October 3, 2017 be received. [Item
208Carried
 
INTEGRATED REGIONAL TRANSPORTATION SELECT COMMITTEE - OCTOBER 5, 2017
 
 
K. Grant/B. Wells: THAT the Integrated Regional Transportation Select Committee minutes dated October 5, 2017 be received. [Item
208Carried
 
ELECTORAL AREAS SERVICES COMMITTEE - OCTOBER 16, 2017
 
 
K. Grant/B. Wells: THAT the Electoral Areas Services Committee minutes dated October 16, 2017 be received. [Item
208Carried
 
R. Nichol/B. Wells: THAT the board approve the Development Variance Permit DV 2C 17 (Lowe) to increase the height for an accessory building from 6.0 metres to 9.1 metres for a property described as Lot 6, Block 29, Comox District, Plan 28688, PID 001-739-387 (7045 Railway Avenue) with the condition that a visual buffer of coniferous trees along the west property line be maintained for the life of the accessory building;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
E. Grieve/R. Nichol: THAT the board approve the Development Variance Permit DV 3A 17 (Cahoon) to allow access to the carriage house via an internal staircase and to allow internal access to the accessory use below for a property described as Lot 11, Section 28, Township 11, Nelson District, Plan VIP81228, PID 026-732-564 (3541 Cameron Road);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
R. Nichol/E. Grieve: THAT the board give first and second readings to Bylaw No. 485, Appendix B to staff report dated October 5, 2017, with the change as noted at the October 16, 2017 Electoral Area Services Committee meeting to provide a 15 metre minimum setback for all campsites to watercourses, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 70” (Courtenay and District Fish and Game Protective Association), which rezones Lot 1, Sections 32 and 33, Township 10, Comox District, Plan EPP56506, PID 029-762-103; and Lot 1, Section 33, Township 10, Comox District, Plan VIP78343 except part in Plan EPP56506, PID 026-200-881 (3780 and 3786 Colake Road), from Upland Resource 400ha (UR-400ha) and Water Supply and Resource Area (WS-RA) to Upland Resource 400ha exception 7 (UR-400ha-7) and Water Supply and Resource Area (WS-RA);

AND FINALLY THAT pursuant to section 464(1) of the Local Government Act (RSBC, 2015, c. 1), the board schedule a public hearing for Bylaw No. 485, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 70” (RZ 2C 17).
208 and 213Carried
 
E. Grieve/K. Grant: THAT prior to a public hearing on Bylaw No. 485, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 70”, the Courtenay and District Fish and Game Protective Association be required to delineate the triangular portion of Lot 1, Sections 32 and 33, Township 10, Comox District, Plan EPP56506, that is zoned Water Supply and Resource Area (WS-RA) using flagging or similar visual marker in order to prevent inadvertent encroachment.
208 and 213Carried
 
E. Grieve/B. Wells: THAT the board give first and second readings to Bylaw No. 488, Appendix A to staff report dated October 6, 2017, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 71” (Carr/Lewis) which rezones the Remainder of Lots 1 and 10, (DD20594N), Block 29, Comox District, Plan 3139, PID 002-039-389 (8645 Island Highway), from Country Residential One (CR-1) to Saratoga Commercial-Industrial (S - CI);

AND FINALLY THAT pursuant to section 464(1) of the Local Government Act (RSBC, 2015, c. 1), the board schedule a public hearing for Bylaw No. 488, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 71” (RZ 1C 17, Lewis/Carr).
208 and 213Carried
 
R. Nichol/B. Price: THAT the board approve the Farm Land Protection Development Permit DP 13A 17 (Galik/Henderson) on the property described as Lot D, Section 33, Township 11, Nelson District, Plan 36103, Except Plan 39329 (Lot D, Plan 36103 Hyland Road) for the subdivision of a residential property adjacent to agriculturally designated properties with the condition that a 15 metre wide vegetative buffer adjacent to the common boundary be maintained and buildings are sited a minimum of 30 metres from the agriculturally designated properties;

AND FURTHER THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
E. Grieve/R. Nichol: THAT the board approve the Farm Land Protection Development Permit DP 16B 17 (Salo) on the property described as Lot 5, Block 29, Comox District, Plan 25363 (Lot 5, Plan 25363, Whitaker Road) for the construction of a principal dwelling with the condition that the dwelling be setback a minimum of 15 metres from the agriculturally designated property, a fence along the rear property line be maintained and a 3 metre wide vegetative buffer consisting of one row of coniferous trees and two rows of trespass inhibiting shrubs is planted within 4 metres of the rear property line;

AND FURTHER THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
B. Wells/R. Nichol: THAT the Agricultural Land Commission be advised that the Comox Valley Regional District supports Agricultural Land Reserve application ALR 4C 17 (Williamson) on lands known as Lot 12, District Lot 200, Comox District, Plan 30731 (PID 000-244-392), for the purpose adding a second house to a property;

AND FURTHER THAT the Comox Valley Regional District recommends the Agricultural Land Commission place a condition on the approval that the second dwelling be restricted to use by the owner or a member of the owner's immediate family;

AND FURTHER THAT the Comox Valley Regional District recommends the Agricultural Land Commission consider alternative siting arrangements of the second dwelling so that a second driveway, well, and septic field may not be necessarily required so as to create the least impact on the property’s agricultural potential;

AND FURTHER THAT the Comox Valley Regional District recommends the Agricultural Land Commission register a Section 219 restrictive covenant on title to decommission the second dwelling once it is no longer required for occupancy by the owners or the owners’ immediate family;

AND FINALLY THAT the application be forwarded to the Agricultural Land Commission.
208 and 213Carried
 
E. Grieve/R. Nichol: THAT the Merville fire protection service auxiliary hall project proceed by:
1. Initiating discussions with the City of Courtenay Fire Department and Oyster River Fire Rescue to consider long-term service arrangements;
2. Establishing the minimum operational requirements for an auxiliary hall;
3. Conducting public engagement to obtain input and feedback on auxiliary hall requirements;

AND FURTHER THAT the 2018-2022 financial plans be developed for the Merville and Tsolum-Farnham fire protection services that consider a January 1, 2019 merger date and auxiliary hall construction process aimed at concluding by December 31, 2019.
209Carried
 
R. Nichol/B. Wells: THAT a feasibility study be conducted to explore options associated with fire protection services on Forbidden Plateau Road, including, but not limited to, impacts to existing and future land use activities, the potential expansion of existing fire protection boundaries, a first responder vehicle located on Forbidden Plateau Road or a volunteer fire department;

AND FURTHER THAT up to $15,000 be committed to this project from the Electoral Area C feasibility study fund.
208Carried
 
B. Price/B. Wells: THAT staff prepare a report regarding the flooding issues along Kilmarnock Drive, as outlined by the delegation from Janet Thomas on October 16, 2017, with reference to the following requests:
• a peer review of the report "Stormwater Management Plan - Argyle Road Site", dated October 16, 2012 submitted as part of the Development Permit DP 6A 12 (34083 Yukon Inc. - Kensington Island Properties);
• that an assessment of the ditches in the area be completed; and
• that such observations be conducted during the rainy season.
208 and 213Carried
 
COMOX VALLEY WATER COMMITTEE - OCTOBER 17, 2017
 
 
K. Grant/R. Nichol: THAT the Comox Valley Water Committee minutes dated October 17, 2017 be received. [Item
208Carried
 
K. Grant/R. Nichol: THAT with regard to the contract award for Capital Projects Communications Consultant:
1. As a result of a competitive process, the contract for the communications consultant for water capital projects for year one be awarded to Zinc Strategies Inc. in the amount of $92,325 excluding GST and disbursements;
2. Subsequent years work be awarded to Zinc Strategies Inc. at the Comox Valley Regional District’s discretion for a total overall cost not to exceed $350,000 excluding GST and disbursements for water capital projects over five years;
3. The Chair and Corporate Legislative Officer be authorized to execute the contract.
210Carried
 
K. Grant/B. Price: THAT with regard to the installation of temporary UV treatment at the Comox Valley Water System Chlorination Station:
1. As a result of an open procurement process for the supply of UV reactors and associated equipment, that would effectively treat water up to minimum 2 NTU, a contract be awarded to Trojan Technologies for $386,904 excluding applicable taxes; and
2. The Board approve proceeding with detailed design, procurement of construction services, and installation; and
3. The Chair and Corporate Legislative Officer be authorized to execute the contract.
210Carried
 
COMMITTEE OF THE WHOLE - OCTOBER 17, 2017
 
 
K. Grant/E. Grieve: THAT the Committee of the Whole minutes dated October 17, 2017 be received. [Item
208Carried
 
B. Wells/B. Price: THAT the conventional transit service routes that travel to the new Comox Valley hospital remain on Lerwick Road;

AND FURTHER THAT a report on the effectiveness of the Lerwick Road bus stop at the new Comox Valley hospital, including consideration ridership and safety, be provided to the Comox Valley Regional District board in August 2018.
209CarriedNAY: L. Jangula
 
B. Wells/R. Nichol: THAT the Comox Valley Regional District (CVRD) continue working with Island Health and the planning committee to:

- determine community interest and benefits;
- confirm the potential costs and support requirement of the CVRD to sustain a community health network;
- determine program deliverables and outcomes relevant to CVRD services;

AND FURTHER THAT staff report back to the Committee of the Whole on options and implications regarding the establishment of a Comox Valley community health network.
208CarriedNAY: L. Jangula, M. Theos
 
SEWAGE COMMISSION - OCTOBER 24, 2017
 
 
B. Price/R. Nichol: THAT the Sewage Commission minutes dated October 24, 2017 be received. [Item
208Carried
 
E. Grieve/B. Wells: THAT as a result of a competitive process, the contract for the communications consultant for wastewater capital projects for year one be awarded to Zinc Strategies Inc. for an amount not to exceed $92,325 excluding GST and disbursements;

AND FURTHER THAT subsequent years work be awarded to Zinc Strategies Inc. at the Comox Valley Regional Districts discretion for a total overall cost not to exceed $350,000 excluding GST and disbursements for wastewater capital projects and not exceeding a five year term;

AND FINALLY THAT the Chair and Corporate Legislative Officer be authorized to execute the contract.
210Carried
 
K. Grant/B. Price: THAT as a result of a competitive process, the contract for engineering services for the Comox Valley Water Pollution Control Center phase one upgrades be awarded to Associated Engineering (BC) Ltd. in the amount of $813,290 excluding GST;

AND FINALLY THAT the Chair and Corporate Legislative Officer be authorized to execute the contract.
210Carried
 
INTEGRATED REGIONAL TRANSPORTATION SELECT COMMITTEE - OCTOBER 26, 2017
 
 
K. Grant/B. Price: THAT the Integrated Regional Transportation Select Committee minutes dated October 26, 2017 be received. [Item
208Carried
 
BYLAWS AND RESOLUTIONS:
E. Grieve/R. Nichol: THAT Bylaw No. 485 being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 70” (Courtenay and District Fish and Game Protective Association) be read a first and second time concurrently. [Item
208 and 213Carried
 
R. Nichol/B. Price: THAT Bylaw No. 488 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 71" (Carr/Lewis - 8645 Island Highway) be read a first and second time concurrently. [Item
208 and 213Carried
 
K. Grant/B. Price: THAT Bylaw No. 502 being “Revenue Anticipation Borrowing Bylaw No. 502, 2018” be given first and second readings concurrently. [Item
210Carried
 
K. Grant/E. Grieve: THAT Bylaw No. 502 being “Revenue Anticipation Borrowing Bylaw No. 502, 2018” be read a third time.
210Carried
 
K. Grant/E. Grieve: THAT Bylaw No. 503 being “Comox Valley Regional District 2017 to 2021 Financial Plan and Capital Expenditure Program Bylaw No. 467, Amendment No. 1” be given first and second readings concurrently. [Item
210Carried
 
K. Grant/B. Price: THAT Bylaw No. 503 being “Comox Valley Regional District 2017 to 2021 Financial Plan and Capital Expenditure Program Bylaw No. 467, Amendment No. 1” be read a third time.
210Carried
 
K. Grant/B. Wells: THAT with regard to Bylaw No. 504 being “Comox Valley Water Treatment Project Loan Authorization Bylaw No. 504, 2017”:

1. The notice to electors included with the November 7, 2017 board agenda of the alternative approval process be approved;
2. The elector response form included with the November 7, 2017 board agenda for the alternative approval process be approved; [Item
Bylaw 1783Carried
 
K. Grant/B. Wells: THAT Bylaw No. 504 being “Comox Valley Water Treatment Project Loan Authorization Bylaw No. 504, 2017” be given first and second readings concurrently. [Item
210Carried
 
K. Grant/B. Price: THAT Bylaw No. 504 being “Comox Valley Water Treatment Project Loan Authorization Bylaw No. 504, 2017” be read a third time.
210Carried
 
E. Grieve/K. Grant: THAT Bylaw No. 500 being "Comox Valley Regional District Building Bylaw No. 142, 2010, Amendment No.3" be adopted. [Item
209Carried
 
NEW BUSINESS:
PUBLIC HEARING NOTICE
 
 
K. Grant/E. Grieve: THAT the new business notice dated October 27, 2017 regarding a public hearing for Bylaw No. 488 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 71" (Carr/Lewis - 8645 Island Highway) and Bylaw No. 489 being "Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 1" (CVRD - Shoreline Protection Development Permits) be received. [Item
208 and 213Carried
 
K. Grant/E. Grieve: WHEREAS the following bylaws have received first and second readings by the regional district board:
Bylaw No. 488 being "Comox Valley Zoning Bylaw, 2005, Amendment No. 71" (Carr/Lewis - 8645 Island Highway) and
Bylaw No. 489 being "Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 1" (CVRD - Shoreline Protection Development Permits);

AND WHEREAS the Board considers the process, as outlined in the report from the Chief Administrative Officer dated August 30, 2017, to be appropriate consultation for the purpose of Section 475 of the Local Government Act;

AND WHEREAS in accordance with Section 477 of the Local Government Act, the Board has considered Bylaw No. 489, being the Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 1, in conjunction with its financial and applicable waste management plans;

AND WHEREAS, pursuant to Section 464 (1) of the Local Government Act [RSBC 2015, c.1], it is necessary to hold a public hearing on the aforementioned bylaws;

THEREFORE BE IT RESOLVED THAT:
1. A public hearing will be held on November 22, 2017 at 7:00 pm;
2. The location of the public hearing will be at the Comox Valley Regional District boardroom located at
550b Comox Road, Courtenay, BC;
3. Director Grieve is appointed as chair of the public hearing;
4. Director Nichol is appointed as vice chair of the public hearing;
5. The directors from electoral areas A, B, and C are appointed to attend the public hearing; and
6. At least one (1) of the above-named persons must be in attendance at the public hearing.
208 and 213Carried
 
PUBLIC HEARING NOTICE
 
 
K. Grant/E. Grieve: THAT the new business notice dated November 1, 2017 regarding a public hearing for Bylaw No. 485 being “Comox Valley Zoning Bylaw, 2005, Amendment No. 70” (Courtenay and District Fish and Game Protective Association) be received. [Item
208 and 213Carried
 
K. Grant/B. Wells: WHEREAS the following bylaw has received first and second readings by the regional district board:
Bylaw No. 485 being “Comox Valley Zoning Bylaw, 2005, Amendment No. 70” (Courtenay and District Fish and Game Protective Association);

AND WHEREAS, pursuant to Section 464 (1) of the Local Government Act [RSBC 2015, c.1], it is necessary to hold a public hearing on the aforementioned bylaw;

THEREFORE BE IT RESOLVED THAT:
1. A public hearing will be held on December 11, 2017 at 7:00 pm;
2. The location of the public hearing will be at the Comox Valley Regional District boardroom located at
550b Comox Road, Courtenay, BC;
3. Director Grieve is appointed as chair of the public hearing;
4. Director Nichol is appointed as vice chair of the public hearing;
5. The directors from Electoral Areas A, B and C are appointed to attend the public hearing; and
6. At least one (1) of the above-named persons must be in attendance at the public hearing.
208 and 213Carried
 
ADJOURN TO IN-CAMERA:
The board recessed to its in-camera session.
 
 
Time: 4:40 pm.
 
 
RISE AND REPORT:
The board rose from its restricted in-camera session at 5:38 pm and reported on the following:
 
 
"THAT the Comox Valley Regional District Board appoint:
• Andrea Burch
• Chris Brown
• Carl Goldscheider
• Megan Halstead
• Arzeena Hamir
• Gerry McClintock
• Wendy Prothero, and
• Marc Vance
to the Agricultural Advisory Planning Commission."
 
 
"THAT the board nominate Eric H. Kellow, Frank Assu and Nancy Aresnault to the BC Ferry Authority for consideration of appointment to its board of directors for the three year term commencing April 1, 2018."
 
 
TERMINATION
K. Grant/B. Wells: THAT the meeting terminate.
 Carried
 
Time: 5:38 pm.
 
 
 Confirmed this 28th day of November, 2017:


____________________________________
Bruce Jolliffe
Chair
 
Certified Correct and Recorded By:


____________________________________
Jake Martens
Manager of Legislative Services
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