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


Tuesday, May 28, 2024
Civic Room of the regional district offices, 770 Harmston Avenue, Courtenay, BC commencing at 3:00 pm. The meeting will immediately adjourn to an in-camera session and the open meeting will resume 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 item G.7 as this matter relates 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

The restricted in-camera session of the board will commence immediately following the open session.

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. IN-CAMERA MEETING:
Recommendation:
 
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)(b) Personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the regional district on condition of anonymity;
90(1)(c) Labour relations or employee negotiations;
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;
90(1)(g) Litigation or potential litigation affecting the regional district;
90(1)(i) The receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
90(1)(j) Information that is prohibited, or information that if it were presented in a document would be prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act;
90(1)(k) Negotiations and related discussions respecting the proposed provision of a regional district service that are at their preliminary stages and that, in the view of the committee/board, could reasonably be expected to harm the interests of the regional district if they were held in public;
90(2)(b) The consideration of information received and held in confidence relating to negotiations between the regional district and the provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.
208All1 person/1 vote
 
Note: the volume of references above to the Community Charter reflect the Board's consideration of the annual release of in-camera information in accordance with Release of Closed Meeting Minutes Policy P51.
 
B. RECOGNITION OF TRADITIONAL TERRITORIES:
The presiding member will provide the territory acknowledgment and read the following Call to Action from the Truth and Reconciliation Commission of Canada: Calls to Action report.

Call to Action 48 - Reconciliation:

We call upon the church parties to the Settlement Agreement, and all other faith groups and interfaith social justice groups in Canada who have not already done so, to formally adopt and comply with the principles, norms, and standards of the United Nations Declaration on the Rights of Indigenous Peoples as a framework for reconciliation. This would include, but not be limited to, the following commitments:

i. Ensuring that their institutions, policies, programs, and practices comply with the United Nations Declaration on the Rights of Indigenous Peoples.

ii. Respecting Indigenous peoples’ right to self-determination in spiritual matters, including the right to practise, develop, and teach their own spiritual and religious traditions, customs, and ceremonies, consistent with Article 12:1 of the United Nations Declaration on the Rights of Indigenous Peoples.

iii. Engaging in ongoing public dialogue and actions to support the United Nations Declaration on the Rights of Indigenous Peoples.

iv. Issuing a statement no later than March 31, 2016, from all religious denominations and faith groups, as to how they will implement the United Nations Declaration on the Rights of Indigenous Peoples.
 
C. ADOPTION OF MINUTES:
Comox Valley Regional District Board minutes dated May 7, 2024 for adoption. [Item
208All1 person/1 vote
 
D. BUSINESS ARISING FROM MINUTES:
E. PETITIONS AND DELEGATIONS:
1) COMOX VALLEY CYCLING COALITION
 
Mike Keohane, President, Comox Valley Cycling Coalition, to present information regarding a user analysis of options for a Cumberland-Courtenay active transportation connector. [Item
 
2) GREEN BURIALS
 
Janet O'Dell, Dynamic Journey Doula, to present information regarding green burial practices and to request that the CVRD designate specific areas or set aside land for green burials. [Item
 
3) COMOX VALLEY FARMERS INSTITUTE (CVFI)
 
Niki Whittaker, Administrative Assistant, with Jan Slomp (CVFI president), Etienne Cote (CVFI Treasurer) and Ally Woods (CVFI Director), to present information regarding a funding application to the Farm Credit Canada Agri-Spirit Fund and to request that the CVRD partner with the CVFI to support the application.
[Item
 
F. REPORTS:
1) ACTIVE TRANSPORTATION NETWORK PLAN - CUMBERLAND TO COURTENAY CONNECTOR
 
Report dated May 23, 20241 regarding the preferred alignment option for the Cumberland to Courtenay Connector for receipt. [Item
208 and 212All1 person/1 vote
 
Recommendation #1:
 
THAT staff prepare active transportation facility concept drawings for the Cumberland to Courtenay Connector based on the preferred alignment shown in Figure 1 of this staff report, dated May 23, 2024, in order to support a BC Active Transportation grant application in fall 2024.
208 and 212All1 person/1 vote
 
Recommendation #2:
 
THAT the Comox Valley Regional District and Village of Cumberland advocate to the Ministry of Transportation and Infrastructure that any planned roadworks, improvements, or upgrades within the Comox Valley Parkway right-of-way or related Highway 19 interchange include pedestrian and cycling improvements.
208 and 212All1 person/1 vote
 
2) PERFORMANCE REVIEW AND COMPENSATION ADMINISTRATION POLICY
 
Report dated May 21, 2024 regarding proposed revisions to Board Policy No. 83 being the “Chief Administrative Officer Performance Review and Compensation Administration Policy” for receipt. [Item
208All1 person/1 vote
 
Recommendation:
 
THAT the revised Board Policy No. 83 being the “Chief Administrative Officer Performance Review and Compensation Administration Policy”, attached as Appendix A to the report dated May 21, 2024, be adopted.
208All1 person/1 vote
 
3) COMMITTEE OF THE WHOLE - ELECTED OFFICIALS FORUM - APRIL 16, 2024
 
Committee of the Whole - Elected Officials Forum minutes dated April 16, 2024 for receipt. [Item
208All1 person/1 vote
 
4) ELECTORAL AREAS SERVICES COMMITTEE – MAY 6, 2024
 
Electoral Areas Services Committee minutes dated May 6, 2024 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the Board clarify that its resolution passed on March 12, 2024 in support of the floodplain exemption application FR 6A 23 (7866 Ships Point Road (Thwaites- Hobley)) is based on the typical approvals under S. 524(7)(b) of the Local Government Act, including reliance on third party qualified professionals, and not on its own determination under LGA s.524(7)(a) that the exemption is consistent with Provincial Guidelines;

AND FURTHER THAT a section 219 covenant that would indemnify the Comox Valley Regional District be prepared in the normal course in reliance of an approval based on s.524(7)(b) of the Local Government Act , and only if the author of the Base Geotechnical Inc. report, or Peer Review, confirms that the recommendations are consistent with Provincial Guidelines and provides the unqualified statement that the “land may used safely for the use intended”;

AND FURTHER THAT the Applicant be provided with an opportunity, if requested, to address this matter prior to consideration and confirmation by the Board.
208 and 213A, B, C1 person/1 vote
 
5) COMOX VALLEY SEWAGE COMMISSION – MAY 7, 2024
 
Sewage Commission minutes dated May 7, 2024 for receipt. [Item
208All1 person/1 vote
 
6) COMOX VALLEY WATER COMMITTEE - MAY 7, 2024
 
Water Committee minutes dated May 7, 2024 for receipt. [Item
208All1 person/1 vote
 
7) COMOX VALLEY RECREATION COMMISSION - MAY 7, 2024
 
Recreation Commission minutes dated May 7, 2024 for receipt. [Item
208All1 person/1 vote
 
8) ELECTORAL AREAS SERVICES COMMITTEE – MAY 9, 2024
 
Electoral Areas Services Committee minutes dated May 9, 2024 for receipt. [Item
208All1 person/1 vote
 
Note: this item was added to the agenda at 11:15 am on May 27, 2024.
 
G. BYLAWS AND RESOLUTIONS:
First, second and third readings
 
1) RECOMMENDATION for Bylaw No. 764 being "Comox Valley Regional District Weed Control Regulation Bylaw No. 764, 2024"
 
THAT Bylaw No. 764 being “Comox Valley Regional District Weed Control Regulation Bylaw No. 764, 2024” be given first and second readings concurrently. [Item
209A, B, CWeighted
 
THAT Bylaw No. 764 being “Comox Valley Regional District Weed Control Regulation Bylaw No. 764, 2024” be given third reading.
209A, B, CWeighted
 
2) RECOMMENDATION for Bylaw No. 822 being "Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021, Amendment No. 6"
 
THAT Bylaw No. 822 being “Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021, Amendment No. 6” be given first and second readings concurrently. [Item
209A, B, CWeighted
 
THAT Bylaw No. 822 being "Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021, Amendment No. 6" be read a third time.
209A, B, CWeighted
 
3) RECOMMENDATION for Bylaw No. 823 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 26"
 
THAT Bylaw No. 823 being “Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 26” be given first and second readings concurrently. [Item
209A, B, CWeighted
 
THAT Bylaw No. 823 being "Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010, Amendment No. 26" be read a third time.
209A, B, CWeighted
 
4) RECOMMENDATION for Bylaw No. 827 being "Merville Fire Protection Service Establishment Bylaw No. 484, 2017, Amendment No. 3"
 
THAT Bylaw No. 827 being “Merville Fire Protection Service Establishment Bylaw No. 484, 2017, Amendment No. 3” be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 827 being "Merville Fire Protection Service Establishment Bylaw No. 484, 2017, Amendment No. 3" be read a third time.
208All1 person/1 vote
 
5) RECOMMENDATION for Bylaw No. 828 being "Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 17" (Residential Density)
 
THAT Bylaw No. 828 being “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 17” be given first and second readings concurrently [Item
208 and 213A, B, C1 person/1 vote
 
THAT Bylaw No. 828 being "Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 17" be read a third time.
208 and 213A, B, C1 person/1 vote
 
6) RECOMMENDATION for Bylaw No. 829 being "Electoral Areas Parks Regulations Bylaw No. 103, 2010, Amendment No. 10"
 
THAT Bylaw No. 829 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010, Amendment No. 10” be given first and second readings concurrently. [Item
209A, B, CWeighted
 
THAT Bylaw No. 829 being "Electoral Areas Parks Regulations Bylaw No. 103, 2010, Amendment No. 10" be read a third time.
209A, B, CWeighted
 
7) RECOMMENDATION for Bylaw No. 831 being "Northern Fire Service Areas Administration Bylaw No. 695, 2022 Amendment No. 1"
 
THAT Bylaw No. 831 being "Northern Fire Service Areas Administration Bylaw No. 695, 2022 Amendment No. 1" be be given first and second readings concurrently. [Item
209B, C, DWeighted
 
THAT Bylaw No. 831 being "Northern Fire Service Areas Administration Bylaw No. 695, 2022 Amendment No. 1" be read a third time.
209B, C, DWeighted
 
Adoption
 
8) RECOMMENDATION for Bylaw No. 824 being "Baynes Sound Community Facilities Support Service Establishment Bylaw No. 636, 2021 Amendment No. 1"
 
THAT Bylaw No. 824 being "Baynes Sound Community Facilities Support Service Establishment Bylaw No. 636, 2021 Amendment No. 1" be adopted. [Item
208All1 person/1 vote
 
H. NEW BUSINESS:
1) WATER MANAGEMENT FOR AGRICULTURE
 
Correspondence dated May 16, 2024 from Director Grieve regarding consideration of a resolution to the Union of British Columbia Municipalities (UBCM) 2024 convention advocating for better support for farmers and ranchers in improving water management, supply and storage amidst the changing climate and provincial regulatory framework for receipt. [Item
208All1 person/1 vote
 
Requested Action:
 
THAT the following resolution and backgrounder (Appendix A) be submitted to Union of BC Municipalities for consideration at its 2024 convention:

Water Management for Agriculture:

WHEREAS in response to persistent drought conditions and other climate change effects that are placing considerable stress on supplies of safe, reliable water, the Province of British Columbia has launched new regulatory and enforcement tools as well as funding programs targeting the agricultural sector;

AND WHEREAS efforts by the agricultural sector to develop more efficient water infrastructure, management, supply and storage to maximize available water is being impeded by lengthy, costly, and complex grant application and water licencing processes as well as conflicting guidance from different ministries involved in water management;

THEREFORE BE IT RESOLVED THAT the UBCM lobby the Province of British Columbia to mandate the Ministry of Water, Land and Resource Stewardship and the Ministry of Agriculture and Food to work together in a concerted manner to simplify administrative processes, remove excessive requirements, reduce processing times, ensure consistent policy and enforcement, and provide greater support to farmers, ranchers and agricultural producers in improving water management, supply and storage.
208All1 person/1 vote
 
I. ADDENDUM - UPON APPROVAL OF THE BOARD:
J. MEDIA QUESTIONS:
K. TERMINATION:
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