March 1, 2010 Council Meeting Minutes
Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, March 1, 2010 at 4:00 p.m.
Attending:
Mayor: G. T. Phelps
Councillors: J. K. Ambler
D. A. Hillian
L. V. Jangula
R-R. Leonard
J. M. Presley
M. Theos
Staff: S.T. Gray, Administrator
S. Karvalics, Executive Assistant
K. Lagan, Director of Operational Services
R. Wiwchar, Director of Community Service
P. Crawford, Director of Planning Services
T. Manthey, Director of Financial Services
G. MacKay, Manager of Planning
The meeting was called to order at 4:00 p.m.
Mayor Phelps opened the meeting by saying a few words regarding the recent Olympics held in Whistler and Vancouver and congratulated all the athletes. He commended the local Olympic Spirit Committee for all their efforts and hard work – Good Job!
1.00 MINUTES
Moved by Jangula and seconded by Presley that the minutes of the Regular Council meeting held February 15, 2010 be adopted.
Carried
3.00 DELEGATIONS
1. Bill Anglin, CV Chamber of Commerce, re: Business Property Taxes
Bill Anglin, Director with the Comox Valley Chamber of Commerce was present to discuss property taxes for businesses. He asked Council to consider not increasing the commercial tax multiplier for class 6 properties.
2. Barbara Price re: Regional collaboration to preserve sensitive ecosystems and protect the environment
Barbara Price was present on behalf of various concerned citizens regarding the recent logging of Crown Isle property known as ‘Lannan Forest’. She stressed that all local governments must work together to protect the environment. She asked Council to work with the surrounding municipalities and the Comox Valley Regional District when it comes to development. She pointed out numerous times that there should be “no annexation without restoration.”
4.00 COMMITTEE/STAFF REPORTS
SPCA Contract Renewal
Moved by Jangula and seconded by Presley that Council renew the contract with the Society for the Prevention of Cruelty to Animals (SPCA) for a two year term.
Carried
Encroachment Agreement CIBC
Moved by Theos and seconded by Ambler that Council approve the agreement between the City of Courtenay and the Canadian Imperial Bank of Commerce;
That the agreement be registered on title at the expense of the property owner; and
That the Mayor and Manager of Corporate Administration be authorized to execute all documentation relating to this agreement.
Carried
OCP Amendmdent Affordable Housing Reserve Funds
Moved by Leonard and seconded by Hillian that Official Community Plan Amendment Bylaw No. 2609, 2010 to amend Bylaw No. 2387, 2005, be given first and second reading; and
That Council direct staff to schedule and advertise a statutory public hearing with respect to Official Community Plan Amendment Bylaw No. 2609, 2010 on March 15, 2010 at 5:00 p.m. in Council Chambers; and,
That “City of Courtenay Affordable Housing Amenity Reserve Fund Bylaw No. 2610, 2010” being a bylaw to establish an Affordable Housing Amenity Reserve Fund, be given first, second and third reading.
That “City of Courtenay Park, Recreation, Cultural and Seniors Facilities Amenity Reserve Fund Bylaw No. 2604, 2010” being a bylaw to establish a Parks, Recreation, Cultural and Seniors Facility Reserve Fund, be given first, second and third reading.
Carried
Development Variance Permit No. 0927 2796 Lerwick Rd
Moved by Hillian and seconded by Leonard that notice be given to the adjacent property owners of proposed Development Variance Permit No. 0927 as outlined below, and that the application be returned to Council on March 15, 2010;
That subject to public input, Development Variance Permit No. 0927, to vary Section 7.1.6(8) of the City of Courtenay Zoning Bylaw No. 2500, 2007 the minimum distance from the face of a garage or carport to a property line or private internal access road excluding a public lane from 6.0m to 4.5m be issued to Marianne Amundson, subject to the following conditions:
a. The variance is to accommodate construction of a garage;
b. Development must be in conformance with the plans and elevations contained in Attachment No. 3;
c. That in advance of the issuance of a building permit, preparation of a Section 219 Covenant by the City’s lawyer at the applicant’s expense, and registration of this covenant on title, the terms of which would include no parking on the subject property in the 4.5m area between the face of the garage and the property line.
That Council authorize the signatories of the City to execute the covenant.
Carried
Development Stats
Moved by Theos and seconded by Ambler that the report from the Director of Planning Services regarding 2009 development statistics be received for information.
Carried
CV Farm Market Facility
Moved by Presley and seconded by Theos that the City of Courtenay support the concept of a permanent farm market facility on the Ducks Unlimited Property on the Island Highway on an area of approximately 2.3 hectares in partnership with Duck Unlimited, the Comox Valley Economic Development Society and the Comox Valley Agricultural Industry;
And that, the City of Courtenay would own and operate the Farm Market Facility subject to:
a. capital costs being provided via grant funding and donations, and;
b. receipt of operation funding from all local governments and electoral areas in the Comox Valley via a Regional District service.
Carried
Crown Isle Property DL206
Moved by Presley and seconded by Ambler that Council consider as part of the review of the Regional Growth Strategy, an approach that addresses the future municipal boundary for the City in order to best manage development, provide environmental protection and to protect the viability of the City.
Carried
Strata Conversion 2016 Choquette
Moved by Leonard and seconded by Presley that Council approve the strata conversion of the existing duplex on Lot C, District Lot 230, Comox District, Plan 26621 subject to:
1) Completion of a building permit for building compliance to the BC Building Code
2) Completion of a plumbing permit for the conversion of the existing water service to City of Courtenay Engineering Design Standards and Specifications
3) Completion of a satisfactory Site Profile in accordance with the Environmental Management Act, Contaminated Sites Regulation
That once the above conditions are met the Mayor and Manager of Corporate Administration be authorized to sign the strata plan.
Carried
2010-2011 Water Efficiency Initiatives
Moved by Theos and seconded by Jangula that Council approve the 2010-2011 schedule of water efficiency initiatives for the City of Courtenay, and
That in order to provide funding for the water efficiency initiatives, Council request that the 2008 and 2009 funds collected by the Comox Valley Regional District, being an amount of $859,977 in total, be transferred to the City of Courtenay.
Carried
5.00 REPORTS AND CORRESPONDENCE FOR INFORMATION
Police Report
Moved by Leonard and seconded by Presley that the Police Report for January 2010 be received for information.
Carried
6.00 RESOLUTIONS OF COUNCIL
Councillor Ambler- CV Airport Commission
Councillor Ambler proposed resolution regarding the CV Airport Commission
WHEREAS the City of Courtenay has received the report on the review of the CVAC governance dated January 20, 2010 and noted that the concerns previously raised by the City have not been addressed in the report;
THEREFORE BE IT RESOLVED that the City of Courtenay respond to the report and raise the following points:
1. The report seems to merely review and affirm the status quo, the review took a narrow focus, one that failed to look at the governance structure of other BC airports;
2. The City would welcome the establishment of a robust communications protocol;
3. The City has a persisting and unresolved concern with the process of making appointments to the CVAC Board, and ensuring actions such as re-appointment and rescinding of appointments;
4. Not withstanding the statement “there is some minor work to be done on the bylaws”, the City of Courtenay does not currently endorse any change to the CVAC bylaws. Any endorsement of proposed changes would come only after input from the Nominating Entities has been sought as required in CVAC Bylaw 15.3, Council has thoroughly reviewed the proposed changes, and Council has formally provided CVAC with written comment on those changes.
Mayor Phelps spoke to the proposed resolution noting that portions of motion made reference to matters that were previously discussed by Council at InCamera meetings. Accordingly, he recommended Council resolve to go into Committee of the Whole “InCamera” to determine the release of these materials.
Moved by Ambler and seconded by Jangula that the regular meeting adjourn at 6:31 p.m. to go into an InCamera session pursuant to Section 90(1)(n) of the Community Charter.
Carried
The regular meeting reconvened at 6:46 p.m.
On rising from the Committee of the Whole, Mayor Phelps reported that correspondence dated September 10, 2009 from the City to CVAC and correspondence dated September 30, 2009 from CVAC was being made public and that the Committee of the Whole was recommending a meeting with the Comox Valley Airport Commission Board.
Moved by Jangula and seconded by Presley that Council request a meeting with the Comox Valley Airport Commission Board of Directors, Mr. Brown who conducted the Independent Review and all of the Nominating Entities.
Carried
Moved by Ambler and seconded by Theos that the original proposed resolution by Councillor Ambler be postponed until after a meeting with Comox Valley Airport Commission.
Carried
7.00 UNFINISHED BUSINESS
Councillor Leonard Annexations
Moved by Leonard and seconded by Hillian that
Be it resolved no annexation applications be considered prior to Council confirming:
That any annexation requests include an environmental assessment by a qualified professional based on pre-land clearing;
And further that the applicant must provide evidence that no sensitive habitat as recorded at the Conservation Data Centre of British Columbia and riparian areas as defined in the Riparian Areas Regulation have been disturbed; or in the alternative of land has been disturbed that the identified sensitive habitat or riparian areas have been restored prior to consideration of the annexation.
Moved by Hillian and seconded by Leonard that the main motion be amended to read as follows:
That any annexation requests include an environmental assessment with terms of reference to be determined by Council at the time of the request for boundary extension by a qualified professional.
And further that the applicant must provide evidence that no sensitive habitat as recorded at the Conservation Data Centre of British Columbia and riparian areas as defined in the Riparian Areas Regulation have been disturbed; or in the alternative of land has been disturbed that the identified sensitive habitat or riparian areas have been restored prior to consideration of the annexation.
The amended motion was defeated.
The main motion was defeated.
Development Variance Permit No. 0915 1585 Valley Crescent
Moved by Ambler and seconded by Presley that Development Variance Permit No. 0915 to vary Section 8.2.7 of the City of Courtenay Zoning Bylaw No. 2500, 2007, the minimum rear yard setback for the R-2 Zone from 9.0m to 4.5m for the property legally described as Lot 46, Section 16, Comox District Plan 12788 Except Part in Plan 2720 RW (1585 Valley Crescent) be issued to Donald Grant subject to the following conditions:
1. The variances are to accommodate development of a duplex;
2. Development must be in conformance with the plans and elevations contained in Attachment No. 2; and
3. The development must be in conformance with the sustainability statement contained in Attachment No. 2.
Motion Defeated
10.00 BYLAWS
Bylaw No. 2609 OCP Amendment
Moved by Theos and seconded by Leonard that “Official Community Plan Amendment Bylaw No. 2609, 2010” pass first and second reading.
Motion Defeated
Bylaw No. 2604 Parks, Rec Reserve Fund
Moved by Jangula and seconded by Presley that “City of Courtenay Parks, Recreation, Cultural and Seniors Facilities Amenity Reserve Fund Bylaw No. 2604, 2010” pass first, second and third reading.
Carried
Bylaw No. 2610 Affordable Housing Reserve Fund
The following motion was not considered as it is connected to Bylaw No. 2609 which was defeated.
Moved by and seconded by that “City of Courtenay Affordable Housing Amenity Reserve Fund Bylaw No. 2610, 2010” pass first, second and third reading.
11.00 COUNCIL MEMBER ROUNDTABLE
Councillor Leonard outlined her attendance at the following meetings:
Ø V. I. Library Executive
Ø Water Supply Commission
Councillor Hillian outlined his attendance at the following:
Ø Annual Fish and Game Fundraising Banquet
Ø Youth Justice meeting
Ø Drug Strategy Commission meeting
Councillor Jangula outlined his attendance at two Olympic events: curling and hockey.
Councillor Presley outlined the positive economic impact the Olympics have had for the Comox Valley.
Councillor Theos outlined his attendance at the following meetings:
Ø Water Supply Commission
Ø Waste Management Planning Advisory Committee
Mayor Phelps outlined his attendance at the following events:
Ø Water Supply Commission meeting
Ø Mayor’s monthly lunch meeting
Ø Canadian Independent Business Rep
Ø Regional District Board meeting
12.00 ADJOURNMENT
Moved by Leonard and seconded by Theos that the meeting now adjourn at 7:50 p.m.
Carried
CERTIFIED CORRECT
Manager of Corporate Administration
Adopted this 8th day of March, 2010
Mayor
Last Update :
Tuesday, March 02, 2010,4:15 PM
City of Courtenay, 830 Cliffe Avenue, Courtenay, B.C. V9N 2J7 Tel.(250) 334-4441 Fax. (250) 334-4241