Marcel Tetrault
Comox Valley Echo

Friday, August 14, 2009

The final 'legal technicality' preventing Cumberland's huge Trilogy development from moving forward has been resolved.

But the project will still not proceed to the public hearing required under the Local Government Act due to a meeting request from the K'ómoks First Nation.

Cumberland council approved first and second reading of the rezoning bylaw that will allow the project to move forward back in July. At the time, they delayed the required public hearing due to the legal technicality.

The legal technicality arose when the village and Trilogy rescinded a comprehensive development agreement previously entered into that outlined obligations the developer must meet before construction.

Those obligations have since been enshrined in a covenant to be registered against the property should the project proceed.

But both Trilogy and the village had concerns about other promises that might have been made outside of the covenant and those final issues had to be tidied up before the agreement could be finalized.

That has now happened. But the sought after public hearing still cannot be set after the K'ómoks First Nation responded to a referral letter with a request for a meeting to discuss the project.

Coun. Bronco Moncrief was not impressed with the delay.

"I'm a little skeptical," he said. "Are there dollar signs on any of this information? It bothers me that they're in on the process again.

"Four years this has been going on, and now we're here."

Council directed staff to set up a meeting with the First Nation and, once consultation is complete, to set dates for a public information meeting and a public hearing at least three days apart.

© Comox Valley Echo 2009