 | COMOX VALLEY REGIONAL DISTRICT BOARD | |
| Tuesday, June 28, 2022 | ||
| Minutes of the meeting of the Comox Valley Regional District Board of Directors held on June 28, 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. Ketler | Village of Cumberland |
| Vice-Chair: | A. Hamir | Lazo North (Area B) |
| Directors: | D. Arbour | Baynes Sound-Denman/Hornby Islands (Area A) |
| W. Cole-Hamilton | City of Courtenay | |
| K. Grant | Town of Comox | |
| E. Grieve | Puntledge/Black Creek (Area C) | |
| D. Hillian | City of Courtenay | |
| M. McCollum | City of Courtenay | |
| W. Morin | City of Courtenay | |
| M. Swift | Town of Comox | |
| Staff: | R. Dyson | Chief Administrative Officer |
| J. Warren | Deputy Chief Administrative Officer | |
| K. Douville | Acting Chief Financial Officer | |
| D. DeMarzo | General Manager of Community Services | |
| J. Martens | General Manager of Corporate Services | |
| M. Rutten | General Manager of Engineering Services | |
| A. Mullaly | General Manager of Planning and Development | |
| L. Dennis | Manager 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 7 - Education: We call upon the federal government to develop with Aboriginal groups a joint strategy to eliminate educational and employment gaps between Aboriginal and non-Aboriginal Canadians. | ||||||
| IN-CAMERA MEETING: | ||||||
| K. Grant/W. Morin: THAT the committee adjourn to an in-camera session pursuant to the following sub-section 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. | ||||||
| 208 | Carried | |||||
| ADOPTION OF MINUTES: | ||||||
| K. Grant/W. Cole-Hamilton: THAT the Comox Valley Regional District Board minutes dated June 14, 2022 be adopted. [Item] | ||||||
| 208 | Carried | |||||
| BUSINESS ARISING FROM MINUTES: | ||||||
| PROPOSED VALUE MANAGEMENT REVIEW POLICY | ||||||
| A. Hamir/K. Grant: THAT Policy No. P90 being “Value Management Review of Capital Projects” that was supported by the Water Committee and Sewage Commission at their April 12, 2022 meetings and subsequently referred to the Comox Strathcona Waste Management Board for feedback at its June 16, 2022 meeting be received. [Item] | ||||||
| 208 | Carried | |||||
| D. Hillian/D. Arbour: THAT Policy No. P90 being “Value Management Review of Capital Projects” be adopted as a corporate board policy. | ||||||
| 208 | Carried | |||||
| PETITIONS AND DELEGATIONS: | ||||||
| SARATOGA SPEEDWAY COMPLEX CONCERNED CITIZENS | ||||||
| K. Grant/E. Grieve: THAT the presentation from Jonathan Brenner and Shelly Hollingshead, Saratoga Speedway Complex Concerned Citizens, in support of the of the auto-racing noise bylaw and providing further information for the Board's consideration be received. [Item] | ||||||
| 208 | Carried | |||||
| REPORTS: | ||||||
| NOISE BYLAW REVIEW - AUTO RACING | ||||||
| M. McCollum/A. Hamir: THAT the report dated June 23, 2022 to introduce amendments to the Comox Valley Regional District’s (CVRD) Noise Bylaw to address objectionable noise from auto racing be received. [Item] | ||||||
| 209 | Carried | |||||
| A. Yasinski, Manager of Bylaw Compliance, provided an overview of the staff report regarding amendments to the CVRD Noise Bylaw to address objectionable noise from auto racing. | ||||||
| E. Grieve/K. Grant: THAT the Comox Valley Regional District Board give readings to an amendment to Bylaw No. 102 being the “Electoral Areas Noise Control Regulation Bylaw No. 102, 2010, Amendment No. 2” as outlined in Appendix B of the staff report dated June 23, 2022;
AND FURTHER THAT staff prepare the necessary amendments to Bylaw No. 104 being the “Comox Valley Regional District 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 June 23, 2022. | ||||||
| 209 | Carried | |||||
| COMOX VALLEY TRANSIT MANAGEMENT ADVISORY COMMITTEE MINUTES | ||||||
| D. Arbour/K. Grant: THAT the Comox Valley Transit Management Advisory Committee minutes dated May 26, 2022 be received. [Item] | ||||||
| 208 | Carried | |||||
| ELECTORAL AREAS SERVICES COMMITTEE - JUNE 10, 2022 | ||||||
| E. Grieve/D. Arbour: THAT the Electoral Areas Services Committee minutes dated June 10, 2022 be received. [Item] | ||||||
| 208 | Carried | |||||
| ELECTORAL AREAS SERVICES COMMITTEE - JUNE 13, 2022 | ||||||
| K. Grant/M. McCollum: THAT the Electoral Areas Services Committee minutes dated June 13, 2022 be received. [Item] | ||||||
| 208 | Carried | |||||
| M. McCollum/W. Cole-Hamilton: THAT the Comox Valley Regional District Board approve Development Variance Permit DV 4B 22 (Mackey) to increase the maximum height of an accessory building from 7.00 metres to 7.27 metres on property described as Lot 10, District Lot 91, Comox District, Plan VIP81562, PID 026-789-426 (1801 Thurber Road);
AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit. | ||||||
| 208 and 213 | Carried | |||||
| E. Grieve/D. Arbour: THAT the Comox Valley Regional District Board grant an exemption to Bylaw No. 600 being the “Floodplain Management Bylaw No. 600, 2020” to permit a dwelling to be constructed within the vicinity of Trent River under the regulated flood construction level (FR 2A 22, McCallan) on property described as Lot 2, Section 27, Township 11, Nelson District, Plan EPP58070, PID 030-126-720 (368 Boxwood 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 Michael de Hart, P.Eng, of McElhanney dated April 6, 2022, 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 213 | Carried | |||||
| Prior to consideration of the following item, R. Dyson, Chief Administrative Officer, recused himself from the meeting at 4:56 pm due to a potential perceived conflict of interest in relation to his spouse's position as chair of the Agricultural Land Commission. | ||||||
| E. Grieve/D. Arbour: THAT the Agricultural Land Commission be advised that the Comox Valley Regional District supports Agricultural Land Reserve application ALR 1B 22 (Mountain Ridge Tree Farms) concerning land dedication for transportation use from Lot A, Section 25, Comox District, Plan 9848, PID 003-921-336 (5228 Island Highway);
AND FINALLY THAT the application ALR 1B 22 (Mountain Ridge Tree Farms) regarding land dedication through subdivision from a property within the Agricultural Land Reserve be forwarded to the Agricultural Land Commission for final consideration. | ||||||
| 208 and 213 | Carried | |||||
| R. Dyson, Chief Administrative Officer, returned to the meeting at 4:57 pm.. | ||||||
| E. Grieve/D. Arbour: THAT an addendum to the Comox Valley Sewerage Service Liquid Waste Management Plan be initiated for the purpose of developing the Sewer Extension South Project;
AND FURTHER THAT the Electoral Areas Services Committee act as the Steering Committee for the Liquid Waste Management Plan Sewer Extension South Addendum; AND FURTHER THAT recruitment for Liquid Waste Management Plan Sewer Extension South Addendum Public Advisory Committee and Technical Advisory Committee members be initiated; AND FINALLY THAT the Chair of the Comox Valley Sewage Commission be appointed to the Sewer Extension South Addendum steering committee (Electoral Areas Services Committee) for matters pertaining to the Sewer Extension South Addendum. | ||||||
| 208 | Carried | |||||
| K. Grant/D. Arbour: THAT Policy P92 being Denman and Hornby Islands High-Speed Internet Contribution Service Grant Distribution Policy, as provided in the staff report dated June 7, 2022 be adopted. | ||||||
| 207 | Carried | |||||
| W. Morin/D. Arbour: THAT staff write to the Ministry of Transportation and Infrastructure (MOTI) and copy School District 71 to discuss issues and opportunities around the ability to walk/cycle in the Royston and Arden school areas and a request to meet with MOTI staff at the UBCM convention;
AND FURTHER THAT staff report on whether this direction aligns with priorities for active transportation, parks, trails and connectivity in the rural areas. | ||||||
| 209 | Carried | |||||
| K. Grant/D. Arbour: THAT when the noise bylaw amendment is presented to the Board at the June 28, 2022 meeting, the language for auto racing is limited to five days a week and for all days per week until 8 pm. | ||||||
| 209 | Carried | |||||
| COMOX VALLEY SEWAGE COMMISSION – JUNE 14, 2022 | ||||||
| D. Hillian/K. Grant: THAT the Sewage Commission minutes dated June 14, 2022 be received. [Item] | ||||||
| 208 | Carried | |||||
| COMOX VALLEY WATER COMMITTEE - JUNE 14, 2022 | ||||||
| K. Grant/W. Morin: THAT the Water Committee minutes dated June 14, 2022 be received. [Item] | ||||||
| 208 | Carried | |||||
| COMOX VALLEY RECREATION COMMISSION - JUNE 14, 2022 | ||||||
| K. Grant/M. McCollum: THAT the Recreation Commission minutes dated June 14, 2022 be received. [Item] | ||||||
| 208 | Carried | |||||
| PUBLIC HEARING - JUNE 22, 2020 | ||||||
| E. Grieve/D. Arbour: THAT the public hearing minutes dated June 22, 2022 regarding Bylaw No. 656 being "Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 6" (RZ 1B 20 - 5254 Langlois Road), be received. [Item] | ||||||
| 208 | Carried | |||||
| BYLAWS AND RESOLUTIONS: | ||||||
| The following motion was moved and seconded at the June 14, 2022 meeting but subsequently deferred: | ||||||
| 'THAT Bylaw No. 719 being "Regional Parks and Trails Service Establishment Bylaw No. 719, 2022" be amended to change the voting structure in Section 7(d) from two-thirds (2/3), to 75 per cent.' [Item] | ||||||
| 208 | ||||||
| The motion was withdrawn by consent of the board. | ||||||
| K. Grant/D. Arbour: THAT Bylaw No. 719 be amended at first reading to replace section 7(d) with the following: shall require an affirmative vote of at least 75 per cent of the votes cast on the acquisition of real property and an affirmative vote of at least two-thirds of the votes cast for all other decisions and recommendations
| ||||||
| 208 | Carried | |||||
| K. Grant/D. Arbour: THAT Bylaw No. 719 being "Regional Parks and Trails Service Establishment Bylaw No. 719, 2022" be given second reading as amended. | ||||||
| 208 | Carried | |||||
| D. Hillian/D. Arbour: THAT Bylaw No. 719 being "Regional Parks and Trails Service Establishment Bylaw No. 719, 2022" be given third reading. | ||||||
| 208 | Carried | |||||
| K. Grant/D. Arbour: THAT Bylaw No. 713 being “Electoral Areas Noise Control Regulations Bylaw No. 102, 2010, Amendment No. 2” be given first and second readings concurrently. [Item] | ||||||
| 209 | Carried | |||||
| K. Grant/D. Arbour: THAT Bylaw No. 713 being "Electoral Areas Noise Control Regulations Bylaw No. 102, 2010, Amendment No. 2" be read a third time. | ||||||
| 209 | Carried | |||||
| D. Arbour/K. Grant: THAT Bylaw No. 713 being "Electoral Areas Noise Control Regulations Bylaw No. 102, 2010, Amendment No. 2" be adopted. | ||||||
| 209 | Carried | |||||
| NOTE: The above resolution received at least two-thirds of the votes cast. | ||||||
| D. Arbour/E. Grieve: THAT Bylaw No. 717 being “Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 22” be given first and second readings concurrently. [Item] | ||||||
| 209 | Carried | |||||
| D. Arbour/D. Hillian: THAT Bylaw No. 717 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 22" be read a third time. | ||||||
| 209 | Carried | |||||
| THAT Bylaw No. 721 being “Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021, Amendment No. 2” be given first and second readings concurrently. [Item] | ||||||
| 209 | ||||||
| D. Arbour/M. McCollum: THAT Bylaw No. 721 being "Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021, Amendment No. 2" be read a third time. | ||||||
| 209 | Carried | |||||
| D. Arbour/A. Hamir: THAT Bylaw No. 726 being “Comox Valley Recreation Complexes Fees and Charges Bylaw No. 12, 2008, Amendment No. 9” be given first and second readings concurrently. [Item] | ||||||
| 209 | Carried | |||||
| THAT Bylaw No. 726 being "Comox Valley Recreation Complexes Fees and Charges Bylaw No. 12, 2008, Amendment No. 9" be read a third time. | ||||||
| 209 | ||||||
| A. Hamir/E. Grieve: THAT Bylaw No. 656 being "Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 6" be read a third time. [Item] | ||||||
| 208 and 213 | Carried | |||||
| E. Grieve/K. Grant: THAT Bylaw No.722 being “Mount Washington Resort Community Fire Hall Temporary Borrowing Bylaw No. 722, 2022” be adopted. [Item] | ||||||
| 210 | Carried | |||||
| D. Hillian/D. Arbour: THAT Bylaw No. 723 being “Comox Valley Sewerage Service Conveyance Project Temporary Borrowing Bylaw No. 723, 2022” be adopted. [Item] | ||||||
| 210 | Carried | |||||
| D. Arbour/D. Hillian: THAT Bylaw No. 724 being “Denman and Hornby Islands High-Speed Internet Temporary Borrowing Bylaw No. 724, 2022” be adopted. [Item] | ||||||
| 210 | Carried | |||||
| ADJOURN TO IN-CAMERA: | ||||||
| The Board adjourned to its in-camera session at 5:15 pm. | ||||||
| RISE AND REPORT: | ||||||
| The Board rose from its in-camera session at 5:22 pm. | ||||||
| TERMINATION: | ||||||
| D. Arbour/A. Hamir: THAT the meeting terminate. | ||||||
| 208 | Carried | |||||
| Time: 5:22 pm. | ||||||
| Confirmed this _______ day of ______ 20___:
____________________________________ Jesse Ketler Chair | |
| Certified Correct and Recorded By: ____________________________________ Lisa Dennis Manager of Legislative Services |