CVRDAGENDAMINUTES.COMOXVALLEYRD.CA
     
COMOX VALLEY REGIONAL DISTRICT BOARD
Tuesday, May 24, 2022
Minutes of the meeting of the Comox Valley Regional District Board of Directors held on May 24, 2022 in the Civic Room of the Comox Valley Regional District offices located at 770 Harmston Avenue, Courtenay, BC commencing at 4:00 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
Staff:J. WarrenDeputy Chief Administrative Officer
 K. DouvilleActing Chief 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
 
   
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 Call to Action from the Truth and Reconciliation Commission of Canada: Calls to Action report:

Call to Action 4 - Child Welfare:

4. We call upon the federal government to enact Aboriginal child-welfare legislation that establishes national standards for Aboriginal child apprehension and custody cases and includes principles that:
i. Affirm the right of Aboriginal governments to establish and maintain their own child-welfare agencies.
ii. Require all child-welfare agencies and courts to take the residential school legacy into account in their decision making.
iii. Establish, as an important priority, a requirement that placements of Aboriginal children into temporary and permanent care be culturally appropriate.

 
 
IN-CAMERA MEETING:
D. Arbour/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 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 May 10, 2022 be adopted. [Item] 
208Carried
 
PETITIONS AND DELEGATIONS:
COMOX VALLEY LAND TRUST (CVLT)
 
 
D. Hillian/A. Hamir: THAT the presentation from Pieter Rutgers and Tim Ennis, Comox Valley Land Trust, in support of establishing a Regional Parks Service in the Comox Valley and providing information regarding successful and collaborative partnerships that CVLT has had with the CVRD in protecting and conserving the natural environment via land acquisition, leases, conservation covenants and land protection priority planning processes, be received. [Item] 
208Carried
 
REPORTS:
ELECTORAL AREAS SERVICES COMMITTEE - MAY 9, 2022
 
 
E. Grieve/A. Hamir: THAT the Electoral Areas Services Committee minutes dated May 9, 2022 be received. [Item] 
208Carried
 
D. Hillian/W. Cole-Hamilton: THAT staff prepare an amendment to Bylaw No. 102 being the “Electoral Areas Noise Control Regulation Bylaw No. 102, 2010, Amendment No. 2” based on the redline copy attached to the report dated May 6, 2022;

AND FURTHER THAT staff prepare the necessary amendments to Bylaw No. 104 being the “Municipal Ticket Information Bylaw No. 104, 2010” and Bylaw No. 679 being the “Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021” to reflect the amendment to the Noise Control Bylaw as outlined in the staff report dated May 6, 2022.
209Carried
 
E. Grieve/D. Arbour: THAT the Comox Valley Regional District Board give draft Bylaw No. 656 (Appendix E attached to the staff report dated May 5, 2022), which enables a two lot subdivision at 5254 Langlois Road under Section 514 of the Local Government Act, first and second reading and set a public hearing date.
208 and 213Carried
 
E. Grieve/D. Arbour: THAT the Comox Valley Regional District Board approve Development Variance Permit DV 3C 22 (Kobus/ Fleenor) to reduce the rear yard setback as per the following:

• 7.5 meters to 2.88 meters for the foundation of the existing dwelling;
• 7.5 metres to 1.54 metres for the existing deck/ exterior staircase;
• 7.5 metres to 1.9 metres for the existing eaves/ roof overhang; and,
• 7.5 metres to 6.5 metres for the proposed addition,

on property described as Lot 1, District Lot 160, Comox District, Plan 36716, PID 000-421-812 (3206 Rachel Road);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
D. Arbour/E. Grieve: THAT the Comox Valley Regional District Board approve the Development Variance Permit DV 2B 22 (Johns/ Marshall) to increase the maximum height for a carriage house from 8.0 metres to 8.34 metres for property described as Lot 3, District Lot 150, Comox District, Plan 31130, PID 001-175-378 (5101 Venture Road);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
A. Hamir/D. Arbour: THAT the Comox Valley Regional District Board approve the Development Variance Permit DV 3B 22 (Finneron/ Tarala) to increase the maximum height for an accessory building from 7.0 metres to 7.85 metres, to reduce the side yard setback for the same accessory building from 1.75 metres to 1.48 metres for the foundation, and from 0.88 metres to 0.67 metres for the eaves for property described as Lot 2, District Lot 191, Comox District, Plan 31124, PID 001-174-690 (737 Sand Pines Drive);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
W. Cole-Hamilton/D. Arbour: THAT the Comox Valley Regional District Board endorse the agency referral list as outlined in Appendix B of staff report dated April 27, 2022, and direct staff to commence the external agency referral process for property known as That Part of District Lot 100, Comox District, Lying to the North of the Island Highway and to the West of Parcel A (DD 15057N) Except that Part in Plan 20383, PID 009-531-262 (7648 Island Highway), as part of a proposed amendment (RZ 1C 22, Edge Grain Forest Products Ltd.) to 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 213Carried
 
D. Hillian/D. Arbour: THAT the 2022 Rural Community Grants be awarded for the amounts to the organizations as outlined in the table attached, dated May 9, 2022. [Item] 
208Carried
 
E. Grieve/D. Arbour: THAT an early release of funding for the following 2022 Rural Community Grant recipients be authorized:

- Comox Valley Community Health Network
- Upper Island Women of Native Ancestry
- Oyster River Enhancement Society
208Carried
 
D. Arbour/W. Cole-Hamilton: THAT an allocation of $60,000 from the Baynes Sound Community Facilities Support Service, function 672, be committed for distribution to assist Fanny Bay Hall and Union Bay Hall to complete their capital projects requests.
207Carried
 
E. Grieve/D. Arbour: THAT an allocation of $45,000 from the Puntledge North Community Facilities Support Service, function 676, be committed for distribution to assist Halbe Hall and Merville Hall to assist in completing their capital projects requests, subject to the associations meeting required approvals.
209Carried
 
D. Arbour/M. McCollum: THAT staff continue to collaborate with Ministry of Health and Island Health to implement septic regulatory changes to ensure on-site septic systems are being properly maintained.
209Carried
 
D. Hillian/W. Morin: THAT staff continue to work with consulting engineers, provincial staff as well as partners and K’ómoks First Nation to refine the Sewer Extension South Project, including specific attention on
• design and costs
• affordability strategies
• approval mechanisms related to the liquid waste management plan process and/or elector approval and
• partner contributions/commitments.
209Carried
 
COMOX VALLEY SEWAGE COMMISSION – MAY 10, 2022
 
 
A. Hamir/M. McCollum: THAT the Sewage Commission minutes dated May 10, 2022 be received. [Item] 
208Carried
 
D. Hillian/W. Cole-Hamilton: THAT the Board consider an amendment to Bylaw No. 2541 being “Comox Valley Sewerage Service Establishment Bylaw No. 2541, 2003” to expand the boundaries and participating areas to include Electoral Area A (Baynes Sound portion) as well as update the apportionment to address the distribution of costs based on flows to the Comox Valley Water Pollution Control Centre;

AND FURTHER THAT participating area approval for the amending bylaw be authorized to be given by director and municipal consent pursuant to Sections 346 and 347 of the Local Government Act.
209Carried
 
COMOX VALLEY WATER COMMITTEE - MAY 10, 2022
 
 
M. McCollum/W. Morin: THAT the Water Committee minutes dated May 10, 2022 be received. [Item] 
208Carried
 
COMOX VALLEY RECREATION COMMISSION -MAY 10, 2022
 
 
D. Arbour/D. Hillian: THAT the Recreation Commission minutes dated May 10, 2022 be received. [Item] 
208Carried
 
ELECTORAL AREAS SERVICES COMMITTEE - MAY 16, 2022
 
 
E. Grieve/A. Hamir: THAT the Electoral Areas Services Committee minutes dated May 16, 2022 be received. [Item] 
208Carried
 
E. Grieve/D. Arbour: THAT the Telecommunications and Antenna System Application and Consultation Process policy be adopted by the Comox Valley Regional District (CVRD) Board as a Board Policy and be used to evaluate land use applications that involve the construction of a new telecommunications and antenna system(s), or applications to increase the height of existing towers, whether on private or Crown land;

AND FINALLY THAT the CVRD Board give first, second, and third reading to Bylaw No. 704, being the “Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 4,” which will add information regarding fee payments, radii for neighbourhood notification, and application procedures schedule for proposed developments that involve the construction of a new telecommunications and antenna system(s) or proposals to increase the height of an existing tower;

AND FINALLY THAT the report dated May 5, 2022 be forwarded to the municipalities for their consideration.
208Carried
 
D. Arbour/E. Grieve: THAT the Comox Valley Regional District CVRD) Board endorse staff to proceed with the Building Inspection Service Project as outlined in the staff report dated May 13, 2022;

AND FURTHER THAT the proposed draft Building Bylaw No. 681 (Appendix A) be introduced to the public for feedback as part of the Building Inspection Service Project engagement plan.
209Carried
 
E. Grieve/W. Morin: THAT the board give first, second and third reading to Bylaw No. 715 being “Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 5” as attached to the staff report dated May 5, 2022.
207Carried
 
D. Arbour/D. Hillian: THAT the Comox Valley Regional District (CVRD) apply to the PlanH Healthy Communities Grant Program to support the Hornby Island Housing Network to create a Community Profile document for each of Hornby and Denman Islands subject to:
- providing the CVRD with a draft grant application for approval; AND
- identifying a non-profit organization to oversee the daily management of project finances should the application be successful.
208Carried
 
M. McCollum/D. Arbour: THAT the report dated May 2, 2022 regarding automotive service stations in the electoral areas be referred to the CVRD Board and the Comox Valley municipalities for consideration of a regional approach on new gas stations;

AND FINALLY THAT the report be considered for the 2023 zoning bylaw update.
208 and 213Carried
 
M. McCollum/D. Arbour: THAT Director Arbour be appointed for the remainder of the 2018-2022 term on the North American Safe Cities Joint Policy Group, which is working on municipal gas station orientation policies.
208Carried
 
The meeting recessed at 5:01 pm and resumed at 5:06 pm.
 
 
POVERTY REDUCTION GRANT UPDATE
 
 
D. Arbour/W. Cole-Hamilton: THAT the report dated May 20, 2022 regarding withdrawal of an application to the Union of British Columbia Municipalities (UBCM’s) 2022 Poverty Reduction Planning and Action grant program be received. [Item] 
208 and 212Carried
 
GRANT STATUS REPORT - MARCH 31, 2022
 
 
D. Arbour/D. Hillian: THAT the report dated May 20, 2022 regarding an update regarding grant applications and the status of approved grants be received. [Item] 
208Carried
 
REGIONAL PARKS AND TRAILS SERVICE - SERVICE ESTABLISHMENT
 
 
D. Arbour/M. McCollum: THAT the report dated May 17, 2022 regarding support to establish a regional parks and trails service be received. [Item] 
208Carried
 
M. Harrison, Manager of Parks, presented an overview of the staff report regarding establishing a regional parks and trails service. [Item] 
 
 
E. Grieve/A. Hamir: THAT staff be directed to bring forward a service establishment bylaw for the creation of a regional parks and trails service;

AND FURTHER THAT participating area approval for the regional parks and trails service establishment bylaw be authorized to be given by director and municipal council consent pursuant to sections 346 and 347 of the Local Government Act;

AND FINALLY THAT the Regional Park Land Acquisitions Principles, provided in Appendix A to the staff report dated May 17, 2022, be supported.
208Carried
 
D. Hillian/W. Cole-Hamilton: THAT subject to the adoption of the regional parks and trails service establishment bylaw, a contribution of $275,000 be considered in the 2023 – 2027 financial planning process for the function to support the establishment of the service and replenishment of the Regional Feasibility Study Service, function 150, funds.
208Carried
 
BYLAWS AND RESOLUTIONS:
A. Hamir/W. Cole-Hamilton: THAT Bylaw No.656 being “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 6” be given first and second readings concurrently. [Item] 
208 and 213Carried
 
E. Grieve/A. Hamir: THAT Bylaw No. 704 being “Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 4 ” be given first and second readings concurrently. [Item] 
208 and 213Carried
 
A. Hamir/D. Hillian: THAT Bylaw No. 704 being "Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 4" be read a third time.
208 and 213Carried
 
D. Arbour/W. Morin: THAT Bylaw No. 714 being “Comox Valley Recreation Commission Bylaw No. 632, 2020, Amendment No. 1” be given first and second readings concurrently. [Item] 
209CarriedNAY: E. Grieve
 
D. Arbour/W. Cole-Hamilton: THAT Bylaw No. 714 being "Comox Valley Recreation Commission Bylaw No. 632, 2020, Amendment No. 1" be read a third time.
209CarriedNAY: E. Grieve
 
D. Arbour/A. Hamir: THAT Bylaw No. 715 being “Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 5” be given first and second readings concurrently. [Item] 
207Carried
 
W. Morin/D. Arbour: THAT Bylaw No. 715 being "Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 5" be read a third time.
207Carried
 
D. Hillian/D. Arbour: THAT Bylaw No. 716 being “Comox Valley Sewage Service Establishment Bylaw No. 2541, 2003, Amendment No. 2” be given first and second readings concurrently. [Item] 
208Carried
 
D. Hillian/D. Arbour: THAT Bylaw No. 716 being "Comox Valley Sewage Service Establishment Bylaw No. 2541, 2003, Amendment No. 2" be read a third time.
208Carried
 
D. Hillian/W. Morin: THAT Bylaw No. 718 being “Comox Valley Water Conservation Bylaw 2010, Amendment No. 8” be given first and second readings concurrently. [Item] 
Bylaw 1783Carried
 
D. Hillian/A. Hamir: THAT Bylaw No. 718 being "Comox Valley Water Conservation Bylaw 2010, Amendment No. 8" be read a third time.
Bylaw 1783Carried
 
NEW BUSINESS:
NEW BUSINESS NOTICE - PUBLIC HEARING FOR BYLAW NO. 656 (RZ 1B 20 – WHYTE)
 
 
D. Arbour/D. Hillian: THAT the new business notice dated May 17, 2022 regarding Bylaw No. 656, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 6” (Whyte) be received. [Item] 
208 and 213Carried
 
D. Arbour/E. Grieve: WHEREAS the following bylaw has received first and second readings by the regional district board:

Bylaw No. 656 being “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 6” (Whyte);

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 June 22, 2022 at 6:00 pm;
2. The location of the public hearing will be at the Comox Valley Regional District Civic Room, 770 Harmston Avenue, Courtenay, BC;
3. Public input will be accepted through written submissions and in person verbal comments;
4. The holding of the public hearing be delegated to the Directors from Electoral Areas A, B and C with Director Hamir designated as the Chair and Directors Grieve and Arbour designated as First Vice-Chair and Second Vice-Chair respectively for the public hearing; and
5. At least one (1) of the above-named delegates must be in attendance at the public hearing.”
208 and 213Carried
 
ADJOURN TO IN-CAMERA:
The board adjourned to its in-camera session at 6:11 pm.
 
 
RISE AND REPORT:
The board rose from its in-camera session at 6:52 pm.
 
 
TERMINATION:
D. Hillian/D. Arbour: THAT the meeting terminate.
208Carried
 
Time: 6:52 pm.
 
 
 Confirmed this _______ day of ______ 20___:




____________________________________
Jesse Ketler
Chair
 
Certified Correct and Recorded By:




____________________________________
Lisa Dennis
Manager of Legislative Services
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