CVRDAGENDAMINUTES.COMOXVALLEYRD.CA
     
NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD


Tuesday, November 7, 2023
Civic Room of the regional district offices, 770 Harmston Avenue, Courtenay, BC commencing at 4:00 pm.

The chair of the board will preside over the meeting according to the CVRD procedure bylaw. This meeting may include participation by members of the board via electronic communication.

NOTE: Director Rice, Electoral Area D (Oyster Bay - Buttle Lake), may attend a portion of this meeting to consider items J.9 and J.10 as these matters relate to the Black Creek - Oyster Bay services. The Board may vary the agenda to consider these matters.

This meeting is not meant for general public input. If members of the public wish to speak at a meeting, they should contact the CVRD Legislative Services Department to request to appear as a delegation. Live webcasts and recordings are available at www.comoxvalleyrd.ca/minutes-agendas


In the event of an emergency the public gathering place is the parking lot outside the Civic Room.
 
 
AGENDA
 
    Section Who Votes How Vote Counted
   
A. RECOGNITION OF TRADITIONAL TERRITORIES:
B. ELECTION OF THE BOARD CHAIR:
The chair election will be conducted pursuant to sections 5 and 6 of the Comox Valley Regional District Procedure Bylaw No. 1.
 
C. ELECTION OF THE BOARD VICE-CHAIR:
The vice-chair election will be conducted pursuant to sections 5 and 6 of the Comox Valley Regional District Procedure Bylaw No. 1.
 
D. REMARKS FROM THE CHAIR:
The newly elected Chair of the Board may provide some remarks following the elections.
 
E. IN-CAMERA MEETING:
Recommendation:
 
THAT the Board adjourn to a restricted 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)(c) labour relations or employee negotiations; and
90(1)(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

AND FINALLY THAT the in-camera portion convene immediately following the open portion of the meeting.
208All1 person/1 vote
 
Note: this recommendation was added to the agenda at 10:30 am on November 7, 2023.
 
F. ADOPTION OF MINUTES:
Comox Valley Regional District Board minutes dated October 31, 2023 for adoption. [Item
208All1 person/1 vote
 
G. BUSINESS ARISING FROM MINUTES:
H. PETITIONS AND DELEGATIONS:
I. REPORTS:
1) CODE OF CONDUCT
 
In accordance with the Board Code of Conduct, Policy P78 will be reviewed at the inaugural meeting on an annual basis. Staff will provide a verbal update on the ongoing review of the policy. [Item
 
2) APPOINTMENT TO THE 2023 VANCOUVER ISLAND REGIONAL LIBRARY BOARD
 
Correspondence dated October 17, 2023 from Ben Hyman, Executive Director, Vancouver Island Regional Library, requesting appointments to the VIRL Board for 2024 for receipt. [Item
208All1 person/1 vote
 
Recommendation:
 
THAT the following appointments be made to the 2024 Vancouver Island Regional Library Board:
- Member: ___________________ (one electoral area director to be selected); and
- Alternate member: ___________________ (one electoral area director to be selected);

AND FURTHER THAT remuneration be paid for meeting attendance in accordance with CVRD Bylaw No. 236 being “Comox Valley Regional District Remuneration and Expenses Bylaw 2012” provided that remuneration is not paid directly by the Vancouver Island Regional Library.
208All1 person/1 vote
 
3) APPOINTMENT TO THE MUNICIPAL FINANCE AUTHORITY
 
Correspondence dated November 1, 2023 from Selina Pieczonka, Stakeholder Engagement Coordinator, regarding a request for the appointment of a Comox Valley Regional District director and alternate to the Municipal Finance Authority of BC (MFA) for 2024 for receipt. [Item
208All1 person/1 vote
 
Recommendation:
 
THAT the following appointments be made to the Municipal Finance Authority of BC (MFA) for 2024:
- Member: ___________________ ; and,
- Alternate member: ___________________ ;

AND FURTHER THAT remuneration and expenses be paid in accordance with Comox Valley Regional District Bylaw No. 236 being “Comox Valley Regional District Remuneration and Expenses Bylaw 2012, provided remuneration and/or expenses are not paid directly by the organization.
208All1 person/1 vote
 
4) ELECTORAL AREAS SERVICES COMMITTEE
 
NOTE: Planning application resolutions from the November 6, 2023 Electoral Areas Services Committee (EASC) meeting are included below pending support from the EASC. These resolutions may be updated after November 6, 2023 pending the outcomes from the meeting.
 
Recommendation #1:
 
THAT Bylaw No. 792, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 13” which rezones the property known as Lot 4 Block 249 Comox District Plan EPP11657 from Rural Twenty (RU-20) to Rural Twenty Exception 16 (RU-20-16) be considered for first and second reading;

AND FINALLY THAT pursuant to Section 464(1) of the Local Government Act (RSBC, 2015, c.1), a public hearing be scheduled for Bylaw No. 792, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 13” (RZ 2C 22, Fry/ Hnatyshyn/ Galbraith-Hamilton).
208 and 213A, B, C1 person/1 vote
 
Recommendation #2:
 
THAT the Agricultural Land Commission be advised that the Comox Valley Regional District supports Agricultural Land Reserve applications ALR 2C 23 and ALR 3C 23 (1000175 B.C. Ltd.) concerning the Part Lot 7, Block 29, Comox District, Plan 3139, PID 006-286-313 and South ½ of Section 25, Township 7, Comox District, Plan 552F, PID 008-900-078 (Sturgess Road);

AND FINALLY THAT the applications ALR 2C 23 (1000175 B.C. Ltd.) regarding subdivision of land within the Agricultural Land Reserve and ALR 3C 23 (1000175 B.C. Ltd.) regarding inclusion of land into the Agricultural Land Reserve be forwarded to the Agricultural Land Commission for final consideration.
208 and 213A, B, C1 person/1 vote
 
Recommendation #3:
 
THAT the Agricultural Land Commission (ALC) be advised that Agricultural Land Reserve Non-Farm Use application ALR 5C 22 (Enns) concerning the placement of imported fill on Lot 5 Block 29 Comox District Plan EPP4861, PID 028-362-446 (6721 Farnham Road), is not supported.
208 and 213A, B, C1 person/1 vote
 
NOTE: This resolution was updated on Tuesday, November 7, 2023 at 8:40 am to reflect the recommendation of the Electoral Areas Services Committee.
 
Recommendation #4:
 
THAT a site-specific engineer’s prescription for the siting of a proposed single detached dwelling relative to the 2100-year floodplain setback of Bylaw No. 600, being the “Floodplain Management Bylaw No. 600, 2020,” be approved on the property described as Lot B Section 2 Newcastle District Plan VIP86075, PID 027-770-249 (7616 Tozer Road);

AND FINALLY THAT, as a condition of the engineer’s site specific floodplain setback, 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 Peter Bullock, P.Eng., M.Eng., dated September 28, 2023, 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 213A, B, C1 person/1 vote
 
J. BYLAWS AND RESOLUTIONS:
First, second and third readings
 
1) RECOMMENDATION for Bylaw No. 797 being "Union Bay Water Service Establishment Bylaw No. 660, 2021, Amendment No. 1"
 
THAT Bylaw No. 797 being "Union Bay Water Service Establishment Bylaw No. 660, 2021, Amendment No. 1 be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 797 being “Union Bay Water Service Establishment Bylaw No. 660, 2021, Amendment No. 1” be given first and second readings concurrently.
208All1 person/1 vote
 
THAT participating area approval for amending Bylaw No. 797 being "Union Bay Water Service Establishment Bylaw No. 660, 2021, Amendment No. 1" be authorized by director consent pursuant to Section 347 of the Local Government Act.
208All1 person/1 vote
 
2) RECOMMENDATION for Bylaw No. 798 being "Comox Valley Water Local Service Establishment (Conversion) Bylaw No. 1886, 1996, Amendment No. 21"
 
THAT Bylaw No. 798 being “Comox Valley Water Local Service Establishment (Conversion) Bylaw No. 1886, 1996, Amendment No. 21” be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 798 being "Comox Valley Water Local Service Establishment (Conversion) Bylaw No. 1886, 1996, Amendment No. 21" be read a third time.
208All1 person/1 vote
 
THAT participating area approval for amending Bylaw No. 798 being "Comox Valley Water Local Service Establishment (Conversion) Bylaw No. 1886, 1996, Amendment No. 21" be authorized by director consent pursuant to Section 347 of the Local Government Act.
208All1 person/1 vote
 
3) RECOMMENDATION for Bylaw No. 799 being "Union Bay Water Service Parcel Tax Bylaw No. 697, 2022, Amendment No. 2"
 
THAT Bylaw No. 799 being “Union Bay Water Service Parcel Tax Bylaw No. 697, 2022, Amendment No. 2” be given first and second readings concurrently. [Item
207All1 person/1 vote
 
THAT Bylaw No. 799 being "Union Bay Water Service Parcel Tax Bylaw No. 697, 2022, Amendment No. 2" be read a third time.
207All1 person/1 vote
 
4) RECOMMENDATION for Bylaw No. 800 being "Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 7"
 
THAT Bylaw No. 800 being “Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 7” be given first and second readings concurrently. [Item
207All1 person/1 vote
 
THAT Bylaw No.800 being "Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 7" be read a third time.
207All1 person/1 vote
 
5) RECOMMENDATION for Bylaw No. 801 being "Comox Valley Water Local Service Area Parcel Tax Bylaw 2001, Amendment No. 3"
 
THAT Bylaw No. 801 being “Comox Valley Water Local Service Area Parcel Tax Bylaw 2001, Amendment No. 3” be given first and second readings concurrently. [Item
209A, B, CWeighted
 
THAT Bylaw No. 801 being "Comox Valley Water Local Service Area Parcel Tax Bylaw 2001, Amendment No. 3" be read a third time.
209A, B, CWeighted
 
6) RECOMMENDATION for Bylaw No. 802 being "Comox Valley Water Systems Regulation Fees and Charges Bylaw No. 2866, 2006, Amendment No. 14"
 
THAT Bylaw No. 802 being “Comox Valley Water Systems Regulation Fees and Charges Bylaw No. 2866, 2006, Amendment No. 14” be given first and second readings concurrently. [Item
209A, B, CWeighted
 
THAT Bylaw No. 802 being "Comox Valley Water Systems Regulation Fees and Charges Bylaw No. 2866, 2006, Amendment No. 14" be read a third time.
209A, B, CWeighted
 
7) RECOMMENDATION for Bylaw No. 803 being "Royston Water Service Parcel Tax Bylaw 2010, Amendment No. 1"
 
THAT Bylaw No. 803 being “Royston Water Service Parcel Tax Bylaw 2010, Amendment No. 1” be given first and second readings concurrently. [Item
207All1 person/1 vote
 
THAT Bylaw No. 803 being "Royston Water Service Parcel Tax Bylaw 2010, Amendment No. 1" be read a third time.
207All1 person/1 vote
 
8) RECOMMENDATION for Bylaw No. 804 being "Royston Water Service Regulation, Fees and Charges Bylaw, 2010, Amendment No. 5"
 
THAT Bylaw No. 804 being “Royston Water Service Regulation, Fees and Charges Bylaw, 2010, Amendment No. 5” be given first and second readings concurrently. [Item
207All1 person/1 vote
 
THAT Bylaw No. 804 being "Royston Water Service Regulation, Fees and Charges Bylaw, 2010, Amendment No. 5" be read a third time.
207All1 person/1 vote
 
9) RECOMMENDATION for Bylaw No. 805 being "Black Creek-Oyster Bay Water Local Service Area Parcel Tax Bylaw 2009, Amendment No. 2"
 
THAT Bylaw No. 805 being “Black Creek-Oyster Bay Water Local Service Area Parcel Tax Bylaw 2009, Amendment No. 2” be given first and second readings concurrently. [Item
209C, DWeighted
 
THAT Bylaw No. 805 being "Black Creek-Oyster Bay Water Local Service Area Parcel Tax Bylaw 2009, Amendment No. 2" be read a third time.
209C, DWeighted
 
10) RECOMMENDATION for Bylaw No. 806 being "Black Creek- Oyster Bay Water Service Regulation, Fees and Charges Bylaw 2008, Amendment No. 12"
 
THAT Bylaw No. 806 being “Black Creek- Oyster Bay Water Service Regulation, Fees and Charges Bylaw 2008, Amendment No. 12 be given first and second readings concurrently. [Item
209C, DWeighted
 
THAT Bylaw No. 806 being "Black Creek- Oyster Bay Water Service Regulation, Fees and Charges Bylaw 2008, Amendment No. 12" be read a third time.
209C, DWeighted
 
K. NEW BUSINESS:
1) ISLAND RAIL CORRIDOR – REGIONAL WORKING GROUP MEETINGS
 
Correspondence dated November 2, 2023 from Director Arbour regarding Director Arbour's participation in working group meetings associated with the Island Rail Corridor planning process for receipt. [Item
208All1 person/1 vote
 
Requested action:
 
THAT remuneration and travel expenses be paid, in accordance with Bylaw No. 236 being “Comox Valley Regional District Remuneration and Expense Bylaw 2012”, for the Comox Valley Regional District board appointee to the Island Corridor Foundation for regional working group meetings associated with the Island Rail Corridor planning process.
208All1 person/1 vote
 
L. ADDENDUM - UPON APPROVAL OF THE BOARD:
M. MEDIA QUESTIONS:
N. TERMINATION:
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