CVRDAGENDAMINUTES.COMOXVALLEYRD.CA
     
COMOX VALLEY REGIONAL DISTRICT BOARD
Tuesday, November 7, 2023
Minutes of the meeting of the Comox Valley Regional District Board of Directors held on Tuesday, November 7, 2023 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:W. Cole-HamiltonCity of Courtenay
Vice-Chair:J. KerrTown of Comox
Directors:R. HardyLazo North (Area B)
 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
 J. RiceOyster Bay – Butt le Lake (Area D)
Staff:J. WarrenActing Chief Administrative Officer
 L. WiwcharukChief 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:
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.
 
 
ELECTION OF THE BOARD CHAIR:
Pursuant to the Comox Valley Regional District Procedure Bylaw No. 1, 2008, nominations were called for the position of Board Chair. Director Cole-Hamilton and Director Hardy were nominated and voting took place by secret ballot. After the ballot counting by James Warren and Jake Martens, it was announced that Director Cole-Hamilton was elected Chair of the Board.
 
 
D. Hillian/W. Morin: THAT the election ballots be destroyed.
208Carried
 
ELECTION OF THE BOARD VICE-CHAIR:
Pursuant to the Comox Valley Regional District Procedure Bylaw No. 1, 2008, nominations were called for the position of Board Vice-Chair. Director Hardy and Director Kerr were nominated and voting took place by secret ballot. After the ballot counting by James Warren and Jake Martens, it was announced that Director Kerr was elected Vice-Chair of the Board.
 
 
D. Hillian/W. Morin: THAT the election ballots be destroyed.
208Carried
 
REMARKS FROM THE CHAIR:
Chair Cole-Hamilton provided opening remarks following the election and read the the following Call to Action from the Truth and Reconciliation Commission of Canada: Calls to Action report:

Call to Action 35 - Justice:

We call upon the federal government to eliminate barriers to the creation of additional Aboriginal healing lodges within the federal correctional system.
 
 
VARY THE AGENDA:
 
 
E. Grieve/K. Grant: THAT the agenda be varied to bring forward items J.9 and J.10 - bylaws for first, second and third readings.
208Carried
 
E. Grieve/K. Grant: 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] 
209Carried
 
E. Grieve/K. Grant: 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.
209Carried
 
E. Grieve/K. Grant: 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] 
209Carried
 
K. Grant/J. Rice: 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.
209Carried
 
Director Rice left the meeting at 4:26 pm.
 
 
IN-CAMERA MEETING:
M. McCollum/J. Kerr: 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.
208Carried
 
ADOPTION OF MINUTES:
M. McCollum/J. Kerr: THAT the Comox Valley Regional District Board minutes dated October 31, 2023 be adopted. [Item] 
208Carried
 
REPORTS:
CODE OF CONDUCT
 
 
W. Morin/K. Grant: THAT the verbal overview of Board Code of Conduct, Policy P78 and update on the recent review by J. Martens, General Manager of Corporate Services, be received. [Item] 
208Carried
 
APPOINTMENT TO THE 2023 VANCOUVER ISLAND REGIONAL LIBRARY BOARD
 
 
D. Hillian/K. Grant: THAT the correspondence dated October 17, 2023 from Ben Hyman, Executive Director, Vancouver Island Regional Library, requesting appointments to the VIRL Board for 2024 be received. [Item] 
208Carried
 
D. Hillian/K. Grant: THAT the following appointments be made to the 2024 Vancouver Island Regional Library Board:
- Member: Director Arbour (one electoral area director to be selected); and
- Alternate member: Director Grieve (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.
208Carried
 
APPOINTMENT TO THE MUNICIPAL FINANCE AUTHORITY
 
 
E. Grieve/K. Grant: THAT the 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 be received. [Item] 
208Carried
 
D. Hillian/W. Morin: THAT the following appointments be made to the Municipal Finance Authority of BC (MFA) for 2024:
- Member:Director McCollum, and,
- Alternate member: Director Grieve;

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.
208Carried
 
ELECTORAL AREAS SERVICES COMMITTEE
 
 
E. Grieve/K. Grant: 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 213Carried
 
K. Grant/D. Arbour: 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 213Carried
 
K. Grant/E. Grieve: 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 213Carried
 
K. Grant/E. Grieve: 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 213Carried
 
BYLAWS AND RESOLUTIONS:
K. Grant/D. Arbour: 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] 
208Carried
 
E. Grieve/W. Morin: THAT Bylaw No. 797 being “Union Bay Water Service Establishment Bylaw No. 660, 2021, Amendment No. 1” be given third reading.
208Carried
 
D. Hillian/K. Grant: 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.
208Carried
 
E. Grieve/K. Grant: 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] 
208Carried
 
D. Hillian/M. McCollum: THAT Bylaw No. 798 being "Comox Valley Water Local Service Establishment (Conversion) Bylaw No. 1886, 1996, Amendment No. 21" be read a third time.
208Carried
 
D. Hillian/K. Grant: 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.
208Carried
 
K. Grant/D. Arbour: 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] 
207Carried
 
K. Grant/M. McCollum: THAT Bylaw No. 799 being "Union Bay Water Service Parcel Tax Bylaw No. 697, 2022, Amendment No. 2" be read a third time.
207Carried
 
E. Grieve/W. Morin: 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] 
207Carried
 
K. Grant/D. Arbour: THAT Bylaw No.800 being "Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 7" be read a third time.
207Carried
 
K. Grant/D. Arbour: 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] 
209Carried
 
K. Grant/D. Arbour: THAT Bylaw No. 801 being "Comox Valley Water Local Service Area Parcel Tax Bylaw 2001, Amendment No. 3" be read a third time.
209Carried
 
D. Arbour/K. Grant: 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] 
209Carried
 
D. Arbour/K. Grant: 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.
209Carried
 
D. Arbour/K. Grant: THAT Bylaw No. 803 being “Royston Water Service Parcel Tax Bylaw 2010, Amendment No. 1” be given first and second readings concurrently. [Item] 
207Carried
 
D. Hillian/K. Grant: THAT Bylaw No. 803 being "Royston Water Service Parcel Tax Bylaw 2010, Amendment No. 1" be read a third time.
207Carried
 
D. Arbour/D. Hillian: 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] 
207Carried
 
K. Grant/D. Arbour: THAT Bylaw No. 804 being "Royston Water Service Regulation, Fees and Charges Bylaw, 2010, Amendment No. 5" be read a third time.
207Carried
 
NEW BUSINESS:
ISLAND RAIL CORRIDOR – REGIONAL WORKING GROUP MEETINGS
 
 
D. Hillian/K. Grant: THAT the 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 be received. [Item] 
208Carried
 
D. Hillian/M. McCollum: 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.
208Carried
 
ADJOURN TO IN-CAMERA:
The Board adjourned to its restricted in-camera session at 4:52 pm.
 
 
RISE AND REPORT:
The Board rose from its restricted in-camera session at 5:38 pm.
 
 
TERMINATION:
E. Grieve/K. Grant: THAT the meeting terminate.
208Carried
 
Time: 5:38 pm.
 
 
 Confirmed this 21st day of November, 2023:



____________________________________
Will Cole-Hamilton
Chair
 
Certified Correct and Recorded By:




____________________________________
Lisa Dennis
Manager of Legislative Services
Meeting Web Page