Minutes of the meeting of the Electoral Areas Services Committee held on January 9, 2023 in the Civic Room of the Comox Valley Regional District offices located at 770 Harmston Avenue, Courtenay, BC commencing at 10:00 am.
MINUTES
Present:
Chair:
R. Hardy
Lazo North (Area B)
Vice-Chair:
E. Grieve
Puntledge/Black Creek (Area C)
Director:
D. Arbour
Baynes Sound-Denman/Hornby Islands (Area A)
Staff:
R. Dyson
Chief Administrative Officer
J. Warren
Deputy Chief Administrative Officer
L. Wiwcharuk
Chief Financial Officer
A. Mullaly
General Manager of Planning and Development
M. Rutten
General Manager of Engineering Services
D. DeMarzo
General Manager of Community Services
J. Martens
General Manager of Corporate Services
L. Dennis
Manager of Legislative Services
A. Baldwin
Legislative Services Assistant
ELECTION OF CHAIR AND VICE-CHAIR:
J. Martens, Deputy Corporate Legislative Officer, called the meeting to order and acknowledged that the meeting was being held on the unceded traditional territory of the K’ómoks First Nation.
J. Martens opened the floor to nominations for the position of Chair of the Electoral Area Services Committee. At the close of nominations, Director Hardy was the only nomination and as such, was declared Chair by acclamation.
J. Martens opened the floor to nominations for the position of Vice-Chair of the Electoral Area Services Committee. At the close of nominations, Director Grieve was the only nomination and as such, was declared Vice-Chair by acclamation.
 
Chair Hardy assumed the role of presiding member at 10:06 am.
 
DELEGATIONS:
HORNBY ISLAND'S COMPOST TOILET RESIDUALS
 
E. Grieve/D. Arbour: THAT the information presented by Ed Hoeppner regarding Hornby Island's composting toilet residuals being processed at the Comox Valley Sewerage Service’s biosolids composting facility be received. [Item]
 
Carried
PROVINCIAL REFERRAL FOR A WATER LICENSE AMENDMENT
 
E. Grieve/D. Arbour: THAT the information presented by Bruce Gibbons in regards to an amendment to the groundwater extraction licence at 2400/2410 Sackville Road be received. [Item]
 
Carried
MANAGEMENT REPORT:
E. Grieve/D. Arbour: THAT the Electoral Areas Services Committee management report be received. [Item]
208
Carried
REPORTS:
PROVINCIAL REFERRAL FOR A WATER LICENCE AMENDMENT OF GROUNDWATER EXTRACTION AT 2400 AND 2410 SACKVILLE ROAD (MACKENZIE AND HEYNCK)
 
E. Grieve/D. Arbour: THAT the report dated January 6, 2023 regarding the provincial referral to amend conditional water licence no. 500169 at 2400 and 2410 Sackville Road be received. [Item]
208 and 213
Carried
J. MacLean, Senior Planner, provided an overview of the report regarding the provincial referral to amend conditional water licence no. 500169 at 2400 and 2410 Sackville
Christopher MacKenzie, owner of 2400 and 2410 Sackville Road, was in attendance.
 
E. Grieve/D. Arbour: THAT the matter regarding the provincial referral to amend conditional water licence no. 500169 at 2400 and 2410 Sackville Road be deferred to a future Electoral Areas Services meeting in order to obtain a legal opinion on the interpretation of Home Occupation as per Bylaw No. 520, being the “Rural Comox Valley Zoning Bylaw, No. 520, 2019”;
AND FURTHER THAT an invitation be extended to the Ministry of Forests to make a presentation to the Electoral Areas Services Committee on their role and responsibility relating to issuing water licences for groundwater extraction;
AND FINALLY THAT staff confirm any response from the K’ómoks First Nation on the matter.
208 and 213
Carried
The committee recessed at 11:10 am and reconvened at 11:21 am.
 
VARY THE AGENDA:
 
E. Grieve/D. Arbour: THAT the agenda be varied to bring item D.5 (Hornby Island - Compost Toilet Residuals) forward on the agenda.
208
Carried
HORNBY ISLAND - COMPOSTING TOILET RESIDUALS
 
E. Grieve/D. Arbour: THAT the report dated January 5, 2023 regarding an update on work with the Hornby Island Residents’ and Ratepayers’ Association to support the use of composting toilets on Hornby Island be received. [Item]
208
Carried
V. Van Tongeren, Environmental Analyst, provided an overview of the report regarding an update on work with the Hornby Island Residents’ and Ratepayers’ Association to support the use of composting toilets on Hornby Island.
 
ELECTORAL AREA B - DEVELOPMENT VARIANCE PERMIT DV 5B 22 – 1729 RYAN ROAD EAST (ANDERSON)
 
E. Grieve/D. Arbour: THAT the report dated January 4, 2023 regarding Development Variance Permit DV 5B 22 - 1729 Ryan Road East (Anderson) to reduce the minimum side yard setback for an existing building from 7.5 metres to 1.5 metres be received. [Item]
208 and 213
Carried
B. Chow, Planner II, provided an overview of the report regarding Development Variance Permit DV 5B22 - 1729 Ryan Road East (Anderson).
John Rim, applicant and Andy Gaylor, applicant's agent, were in attendance.
 
E. Grieve/D. Arbour: THAT the following items of correspondence be received:
 
- Correspondence dated January 3, 2023 from Mario Choiniere, adjacent neighbour, regarding DV 5B 22 - 1729 Ryan Road East (Anderson); [Item]
 
- Correspondence dated January 5, 2023 from Fortis BC, adjacent neighbour, regarding DV 5B 22 - 1729 Ryan Road East (Anderson); and, [Item]
 
- Correspondence dated December 24, 2022 from Colton at Low Cost Storage, adjacent neighbour, regarding DV 5B 22 - 1729 Ryan Road East (Anderson). [Item]
208 and 213
Carried
There were no members of the public in attendance who wished to speak on the matter regarding DV 5B 22 - 1729 Ryan Road East (Anderson).
 
E. Grieve/D. Arbour: THAT the Comox Valley Regional District Board approve Development Variance Permit DV 5B 22 (Anderson) to reduce the side yard setback for an existing accessory building from 7.5 metres to 1.5 metres on property described as Lot 1, District Lot 229, Comox District, Plan 38888,PID 000-015-024 (1729 Ryan Road East);
AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213
Carried
ELECTORAL AREA A - REZONING APPLICATION RZ 1A 22 – 3655 TRENT ROAD (VON SCHILLING)
 
E. Grieve/D. Arbour: THAT the report dated January 6, 2023 regarding external agency and First Nations referrals for a proposed rezoning to use Section 514 of the Local Government Act (RSBC, 2015, c. 1) to subdivide the subject property at 3655 Trent Road to provide a residence for a relative be received. [Item]
208 and 213
Carried
B. Chow, Planner II, provided an overview of the report regarding external agency and First Nations referrals for a proposed rezoning to use Section 514 of the Local Government Act (RSBC, 2015, c. 1) to subdivide the subject property at 3655 Trent Road to provide a residence for a relative.
D. von Schilling, applicant, was in attendance.
 
E. Grieve/D. Arbour: THAT the Comox Valley Regional District Board endorse the agency referral list as outlined in Appendix A of staff report dated January 6, 2023 and direct staff to start the external agency referral process for Lot 7, Section 28, Township 11, Nelson District, Plan 1931, PID 006-734-626 (von Schilling) as part of a proposed amendment (RZ 1A 22) 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 213
Carried
BC HYDRO STREET LIGHTING TRESPASS
 
E. Grieve/D. Arbour: THAT the report dated January 6, 2023 regarding options on how to resolve light trespass concerns associated with the BC Hydro LED street light replacement project be received. [Item]
209
Carried
M. Zbarsky, Manager of Transit and Facilities, provided an overview of the report regarding options on how to resolve light trespass concerns associated with the BC Hydro LED street light replacement project.
 
E. Grieve/D. Arbour: THAT the Chair of the Electoral Area Services Committee send a letter to the Minister of Energy, Mines and Low Carbon Innovation, as the ministry responsible for BC Hydro, requesting that BC Hydro take responsibility for design changes required in order to rectify light trespass concerns which are a direct result of their LED street light replacement project.
209
Carried
RURAL CUMBERLAND FIRE PROTECTION SERVICE - SERVICE AREA AMENDMENT
 
E. Grieve/D. Arbour: THAT the report dated January 5, 2023 regarding a proposed boundary amendment to the Rural Cumberland Fire Protection Service Area to include property at 2042 Comox Lake Road at the request of the owner be received. [Item]
209
Carried
B. Green, Fire Chief, Oyster River Fire Rescue, provided an overview of the report regarding a proposed boundary amendment to the Rural Cumberland Fire Protection Service Area to include property at 2042 Comox Lake Road at the request of the owner.
 
E. Grieve/D. Arbour: THAT the board consider three readings and subsequent adoption of Bylaw No. 738 being “Rural Cumberland Fire Protection Service Establishment Bylaw No. 192, 2011, Amendment No. 4” to amend the boundary of the Rural Cumberland Fire Protection Service Area to include the property located at 2042 Comox Lake Road, as outlined in the staff report dated January 5, 2023;
AND FURTHER THAT the Directors for Electoral Area A and Electoral Area C, being the service participants, consent to the amendment of Bylaw No. 192 being the “Rural Cumberland Fire Protection Service Establishment Bylaw No. 192, 2011” in writing.
209
Carried
TERMINATION:
E. Grieve/D. Arbour: THAT the meeting terminate.
208
Carried
Time: 12:01 pm.
 
Confirmed by:
____________________________________ Richard Hardy Chair
Certified Correct:
____________________________________ Lisa Dennis Manager of Legislative Services