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February 2, 2009 Council Meeting Minutes


Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, February 2, 2009 at 4:00 p.m.
 
Attending:
Mayor:                G. T. Phelps
Councillors:         J. K. Ambler
L. V. Jangula
R-R. Leonard
D. S. McRae
J. M. Presley
M. Theos
                                     
 Staff:                  S. Gray, Administrator
J. Ward, Manager of Corporate Administration
K. Lagan, Director of Operational Services
R. Wiwchar, Director of Community Services
P. Crawford, Director of Planning Services
N. Henderson, Planner
                                                                                                                                   
The meeting was called to order at 4:00 p.m. 
 
           Moved by Presley and seconded by Theos that the minutes of the regular Council meeting held January 19, 2009 and Committee of the Whole notes of January 26, 2009 be adopted.
Carried 

3.00  DELEGATIONS
 
1.         Comox Valley Classic Cruisers
 
Richard Floyd and Fred Tutt outlined plans for the 2009 Annual Graffiti Bash Show and Shine to be held in downtown Courtenay on Sunday July 26th, and thanked the City for its support of last years’ event.
 
2.         Robert Stuve, 170 Centennial Drive
 
Robert Stuve of Diamond Park Enterprises reviewed the request to waive the 12 month waiting period to submit a revised application for a 22 unit multi residential development at 170 Centennial Drive.
 
3.         Jack Minard, Tsolum River Restoration Society
 
Jack Minard of the Tsolum River Restoration Society reviewed that funding has been obtained to design a response to the erosion and sediment control problem in the area of 4715 to 4779 Headquarters Road. He acknowledged that the City of Courtenay does not have responsibility but requested a letter of support.
 
 
Councillor Leonard declared a potential conflict of interest regarding funding for the Comox Valley Land Trust and personal employment, and vacated Council Chambers at 4:15 p.m.
 
4.         Jack Minard, Comox Valley Conservation Strategy
 
Jack Minard reviewed the request by the Comox Valley Land Trust for staff time and funding to complete the Millard/Piercy Watershed Regulatory Gap Analysis.
 
Councillor Leonard returned to Council Chambers and took her seat at 4:25 p.m.
 
5.         RCMP Inspector Tom Gray, Year End Policing Report
 
Inspector Tom Gray presented the Comox Valley Monthly and Year End Policing report – December 2008.
 
4.00  COMMITTEE/STAFF REPORTS
 
Parkland Exchange Bylaw No. 2561

            Moved by Presley and seconded by Ambler that “Parkland Exchange Bylaw No. 2561” proceed to 1st , 2nd and 3rd reading;
 
That Council seek the approval of the electors for Bylaw No. 2561 through the “Alternative Approval Process”;
 
That Council establish elector response forms as attached to this report;
 
That Council determine that 18,287 is the total number of electors to which the approval process applies; and
 
That Council establish the deadline for receiving responses for this alternative process as Friday, March 20, 2009 at 4:30 p.m.
Carried
 
2010 Olympic Torch Relay
            Moved by McRae and seconded by Theos that the City of Courtenay support the 2010 Olympic Torch Relay scheduled to be in the Comox Valley on November 2, 2009; and
 
That the City provide the use of Lewis Park and Simms Park for the Celebration event and assist with the overall implementation of the event as required.
Carried
 
Sid Theatre Rates
            Moved by Presley and seconded by Theos that the Sid Williams Theatre rental rates for 2009 be approved.
Carried

Reapplication 170 Centennial Dr
            Moved by McRae and seconded by Presley that the request from Diamond Park Enterprises to waive the 12 month waiting period to submit a revised application for a 22 unit multi residential development at 170 Centennial Drive be received.
Carried
 
            Moved by McRae and seconded by Presley that Council waive the 12 month time limit for reapplication for a Development Permit with Variances to allow Diamond Park Enterprises Inc. to make reapplication for a Development Permit with variances at 170 Centennial Drive (Lot 1, Section 16, Comox District, Plan VIP84964) for a 22 unit multi residential development.
Carried Unanimously 
 
Opaque Window Development Permit Royal Pl/Bristol Way
            Moved by Theos and seconded by Leonard that notice be given to owners within the Strata Development at 737 Royal Place and 2727 Bristol Way and also the adjacent property owners on Monarch Drive of a proposed change to Development Permit Nos. 0424/0523 and that the application be returned to Council on February 16, 2009.
Carried 
 
Residential Tree Planting Partnership
             Moved by Presley and seconded by Theos that Council authorize staff to enter into a partnership with River Meadow Farms Nursery to offer Courtenay residents trees, at a discounted rate, to plant on residential property in an effort to increase the urban tree canopy and reduce GHG emissions in the City;
 
That Council officially declare Sunday, April 26, 2009 Community Arbour Day; and
 
That Council authorize staff to seek and develop partnerships with suppliers and community organizations to orchestrate urban tree planting programs.
Carried

Zoning Bylaw Amend No. 2563
            Moved by Theos and seconded by Presley that Council consider the proposed amendments to Zoning Bylaw No. 2500, 2007 to add a definition of “containers” as a permitted use to the Industrial Two Zone (I-2) “accessory buildings including up to two unstacked containers;” to add regulation for garage sales; and to make an amendment to the building and structure height exemptions;
 
That Zoning Amendment Bylaw No. 2563, 2009 be given 1st and 2nd reading; and
 
That Council direct staff to schedule and advertise a statutory public hearing with respect to Zoning Amendment Bylaw No. 2563, 2009 on March 2, 2009 at 5:00 p.m. in City Hall Council Chambers.
Carried
 
  
Councillor Leonard declared a potential conflict of interest regarding funding for the Comox Valley Land Trust and personal employment, and vacated Council Chambers at 5:20 p.m.
 
Nature Without Borders Request for Funding
            Moved by Theos and seconded by Jangula that Council refer the request from the Comox Valley Land Trust dated January 29, 2009 for staff time and funding to complete the Millard/Piercy Watershed Regulatory Gap Analysis to the Regional District for consideration as part of the Comox Valley Sustainability Project and Regional Growth Strategy.
Carried
 
Councillor Leonard returned to Council Chambers and took her seat at 5:26 p.m.
 
Phased Strata 2882 Piercy Ave
            Moved by Presley and seconded by Theos that Council approve the Covenant and Statutory Right of Way over Lot 1, Section 67, Comox District Plan VIP84915;
 
That the required documents be provided to the City prior to approval of the first phase of the strata;
 
That the developer’s BC Land Surveyor provide a letter of undertaking to register the easement document, statutory right of way and covenant concurrently with the phased strata plan, and
 
That the Mayor and Manager of Corporate Administration be authorized to sign all documentation relating to this development.
Carried 
 
Tsolum Riverbank Erosion
            Moved by McRae and seconded by Jangula that Council review the report from the Director of Operational Services relating to the delegation to Council on December 15, 2008; and
 
That Council provide a letter of support to the Tsolum River Restoration Society for their proposed plan to address erosion and sediment control in the Tsolum River.
Carried
 
Traffic Control Devices Inventory
            Moved by Ambler and seconded by Presley that the report from the Director of Operational Services on Traffic Control Devices – Inventory be received for information.
Carried
 
5.00  REPORTS AND CORRESPONDENCE FOR INFORMATION
 
Year End and Monthly Police Report
            Moved by Leonard and seconded by McRae that the year end and January 2009 Police Report be received for information.
Carried
  
6.00  RESOLUTIONS OF COUNCIL
 
Incamera Mtg
       Moved by Presley and seconded by Theos that under the provisions of Section 90(1)(i)of the Community Charter, notice is hereby given that a Special In-Camera meeting closed to the public, will be held February 2, 2009 at the conclusion of the Regular Council Meeting.
Carried
 
 
7.00  UNFINISHED BUSINESS
 
Mayor Phelps inquired whether there were any members of the public wishing to make a submission regarding Development Variance Permit No. 0820 and there were none.
 
DVP No. 0820 Humphries
        Moved by Presley and seconded by Theos that Development Variance Permit No. 0820, to vary Section 8.1.6(1) of the City of Courtenay Zoning Bylaw No. 2500, 2007, the minimum front yard setback provisions of the Residential One Zone (R-1), from 7.5 metres to 7.0 metres for the property legally described as Lot 42, Section 19, Comox District, Plan VIP81643, be issued to Christopher and Sophie Humphries subject to the following conditions:
 
(a)   That development must be in accordance with the plan contained in Attachment No. 2
Carried
 
9.00     NEW BUSINESS
 
Mayor Phelps – Blue Box Recycling
 
Mayor Phelps requested an update regarding the Blue Box Recycling Program which was approved by Council in December 2007.
 
 
10.00  BYLAWS 
 
Bylaw No. 2563
            Moved by Presley and seconded by McRae that “Zoning Amendment Bylaw No. 2563, 2009” pass first and second reading.
Carried
 
Bylaw No. 2561  
            Moved by McRae and seconded by Presley that “Parkland Exchange Bylaw No. 2561, 2009” pass first, second and third reading.
Carried
 
 11.00  COUNCIL MEMBER ROUNDTABLE
 
 Councillor Ambler outlined his attendance at the following events
Ø      LGLA Elected Officials Training Seminar
Ø      Alzheimer’s Society Walk for Memories
 
Councillor Jangula reviewed his attendance at the following events:
Ø      Alzheimer’s Society Walk for Memories
Ø      Stan Hagen memorial service with other members of Council
 
Councillor McRae outlined his attendance at the following events:
Ø      Regional District meeting
Ø      Courtenay River Estuary meeting
Ø      VIHA meeting at Westerly Hotel
Ø      CV Chamber of Commerce Gala
 
Councillor Leonard outlined her attend at the following events:
Ø      LGLA Elected Officials Training Seminar
Ø      VIRL Board meeting
 
Ø      Councillor Presley reviewed his attendance at the CV Chamber of Commerce Gala
 
12.00   ADJOURNMENT
 
            Moved by Presley and seconded by Theos the meeting now adjourn at 5:50 p.m.
Carried  
    
CERTIFIED CORRECT 
 
                                                                       
Manager of Corporate Administration
 
 
Adopted this 9th day of February, 2009
 
 
                                                                       
Mayor
 
 

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