REGULAR MEETING OF MUNICIPAL COUNCIL

MINUTES

-
Franz Wilhelmsen Theatre at Maury Young Arts Centre
4335 Blackcomb Way, Whistler, BC V8E 0X5
PRESENT:
  • Mayor J. Crompton
  • Councillor A. De Jong
  • Councillor J. Ford
  • Councillor R. Forsyth
  • Councillor J. Grills
  • Councillor D. Jackson
  • Councillor C. Jewett
STAFF PRESENT:
  • Chief Administrative Officer, V. Cullen
  • General Manager of Corporate and Community Services, T. Battiston
  • General Manager of Infrastructure Services, J. Hallisey
  • General Manager of Resort Experience, J. Gresley-Jones
  • Director of Planning, M. Kirkegaard
  • Director of Finance, C. Price
  • Manager of Communications, J. Smith
  • Manager of Legislative Services/ Corporate Officer, P. Lysaght
  • Manager of Protective Services, L. DeBou
  • Manager of Planning, M. Laidlaw
  • Manager of Planning, J. Chapman
  • Planning Analyst, K. Creery
  • Planner, B. De George
  • Council Coordinator, M. Miklea

1.
CALL TO ORDER

 

Mayor J. Crompton recognized the Resort Municipality of Whistler is grateful to be on the shared, unceded territory of the Líl̓wat People, known in their language as Lil̓wat7úl, and the Squamish People, known in their language as Sḵwx̱wú7mesh. We respect and commit to a deep consideration of their history, culture, stewardship and voice.

2.
MINUTE OF SILENCE

 

A minute of silence for Her Majesty, Queen Elizabeth II.

3.
ADOPTION OF AGENDA

 
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council adopt the Regular Council Meeting agenda of September 20, 2022 as amended with revised attachments: one piece of correspondence removed in item 9.5 Appendix E and a clerical correction for 12.1 Land Use Procedures and Fees Bylaw No. 2205, 2022.

4.
ADOPTION OF MINUTES

This item has attachments. 
1.2022-09-06 Regular Council Minutes DRAFT.pdf
  • Moved ByCouncillor D. Jackson
    Seconded ByCouncillor J. Grills

    That Council adopt the Regular Council Meeting minutes of September 6, 2022.

    CARRIED

5.
PUBLIC QUESTION AND ANSWER PERIOD

 

Questions asked in person.

Dawn Titus, 8440 Bear Paw Trail

D. Titus asked if there is a plan to review the numbers, accidents and other concerns on the Valley Trail?

Mayor J. Crompton advised there was a report presented to Council last year and that Council will consider adjustments based on the results of an ongoing pilot project.

D. Titus noted there is currently an increase of e-bikes and commercial users on the trail, and asked if anyone is overseeing commercial users and lack of helmets on the trails?

General Manager of Corporate and Community Services, T. Battiston advised helmet laws are federal and under the purview of the RCMP.

General Manager of Resort Experience, J. Gresley-Jones advised the RMOW is not actively policing the commercial operators and that all should be operating within the legal framework. Reports of speed issues have been received and there are new counters out on Whistler trails. New users on the trails and some pilot projects across BC are being monitored to see the results so we can take a consistent approach.

6.
MAYOR'S REPORT

 

Mayor Crompton provided an update on activities happening within the community.

Councillor Jewett provided an update on the arts activities happening in the community.

7.
LIGHT-UP AND PROCLAMATION REQUESTS

 

7.1
Pregnancy and Infant Loss Awareness Day File No. 3009.1

This item has attachments. 
1.2022-09-09 Edmondsons Light-up1_.pdf
2.2022-09-09 Edmondsons Light-up2_.pdf
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor C. Jewett

    That Council receive correspondence from Edmondson Family, refer it to staff and that October 15, 2022 be proclaimed Pregnancy and Infant Loss Awareness Day and that the Fitzsimmons Covered Bridge be lit blue and pink.

    CARRIED

7.2
International Stage 4 Breast Cancer Awareness Day File No. 3009.1

This item has attachments. 
1.2022-09-05 S. Uden Metavivor Light-up1.pdf
2.2022-09-05 S. Uden Metavivor Light-up2_.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor D. Jackson

    That Council receive correspondence from S. Uden, refer it to staff and that the Fitzsimmons Covered Bridge be lit teal on October 13, 2022, in support of International Stage 4 Breast Cancer Awareness Day.

    CARRIED

7.3
Community Inclusion Month 2022 File No. 3009.1

This item has attachments. 
1.2022-09-08 R. Miguel CLBC Proclamation.pdf
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council receive correspondence from R. Miguel, refer it to staff and that October 2022 be proclaimed Community Inclusion Month.

    CARRIED

7.4
World Bullying Prevention Month File No. 3009.1

This item has attachments. 
1.2022-09-20 R. Ellis Stop Bullying Light-up1.pdf
2.2022-09-20 R. Ellis Stop Bullying Light-up2.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor D. Jackson

    That Council receive correspondence from R. Ellis, refer it to staff and that the Fitzsimmons Covered Bridge be lit blue on October 17, 2022, in support of World Bullying Prevention Month and to stamp out bullying permanently.

    CARRIED

8.
INFORMATION REPORTS

 

8.1
2022 Second Quarter Financial Report No. 22-124 File No. 4530

This item has attachments. 
1.01-2022-09-20-2Q Financial Results.pdf
2.Appendix A - 2Q22 Financial Results.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor J. Grills

    That Council receive Information Report No. 22-124 – Quarterly Financial Report for the period ended June 30, 2022.

    CARRIED

9.
ADMINISTRATIVE REPORTS

 

9.1
Amendments To Council Policy I-12: Tribute Plaque Program Report No. 22-125 File No. 6280-20

This item has attachments. 
1.02-2022-09-20-Tribute Plaque Program Council Report.pdf
2.Appendix A-CouncilPolicy_I-12_TributePlaqueProgram2022.pdf
  • Moved ByCouncillor J. Grills
    Seconded ByCouncillor C. Jewett

    That Council adopt the amended Council Policy I-12 - Tribute Plaque Program dated September 20, 2022, attached to Administrative Report No. 22-125 as Appendix A.

    CARRIED

9.2
DVP01235 - 2521 Whistler Road Front Setback Variance Report No. 22-126 File No. DVP01235 

This item has attachments. 
1.03-2022-09-20_Licko_DVP01235_Admin_Report.pdf
2.Appendix A - Subject Lands.pdf
3.Appendix B - Permit and Architectural Diagram.pdf
4.Appendix C - Location Photos.pdf
  • Moved ByCouncillor D. Jackson
    Seconded ByCouncillor C. Jewett

    That Council approve the issuance of Development Variance Permit DVP01235, attached as Appendix B to Administrative Report to Council No. 22-126, to vary the front setback from 5.0 metres to 1.0 metres for a detached carport at 2521 Whistler Road. 

    CARRIED

9.3
Land Use Procedures and Fees Bylaw No. 2205, 2022 – First, Second and Third Readings Report No. 22-127 File No. 7007.09

This item has attachments. 
1.04-2022-09-20_DeGeorge_LUPFB_Report.pdf
2.Appendix A - Delegations.pdf
  • Moved ByCouncillor D. Jackson
    Seconded ByCouncillor J. Grills

    That Council consider giving first, second and third readings to “Land Use Procedures and Fees Bylaw No. 2205, 2022”; and further

    That Council direct staff to complete a comprehensive review of all fees for planning applications and development related services for Council consideration in the fourth quarter of 2022.  

    CARRIED

9.4
Parking And Traffic Amendment Bylaw (Commercial Vehicles) No. 2363, 2022 Report No. 22-128 File No. 4700

This item has attachments. 
1.05-2022-09-20-Parking and Traffic Amendment Bylaw Report.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor J. Ford

    That Council consider giving first, second and third readings to the “Parking and Traffic Amendment Bylaw (Commercial Vehicles) No. 2363, 2022.”

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor C. Jewett

    Amendment: That Council amend the bylaw to increase the fine for parking in an accessible parking stall without a valid permit to $500.

    OPPOSED: (5)Councillor A. De Jong, Councillor R. Forsyth, Councillor J. Grills, Councillor D. Jackson, and Councillor C. Jewett
    DEFEATED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor D. Jackson

    Amendment: That Council amend the bylaw to increase the fine for parking in an accessible parking stall without a valid permit to $300 with a maximum fine of $500.

    CARRIED

9.5
Zoning Amendment Bylaw (7104 Nancy Greene Drive) No. 2370, 2022 No. 22-129 File No. RZ001146

This item has attachments. 
1.06-2022-90-20-RZ1146 - 7104 Nancy Green Drive Zoning Amendment Bylaws for Employee Housing.pdf
2.Appendix A - Architectural and Landscape Plans-MM Updated_2_Redacted.pdf
3.Appendix B - ADP Meeting Minutes, November 17, 2021.pdf
4.Appendix C - Guidelines for Evaluating Private Sector Rezoning Proposals for Employee Housing.pdf
5.Appendix D - Correspondence Summary_.pdf
6.Appendix E - RZ001146- Correspondence- June 9-30 2020_.pdf
7.Appendix F - RZ001146 Attachments Received With Correspondence.pdf
8.Appendix G - OCP Evaluation.pdf

Councillor D. Jackson declared a conflict and left the Meeting at 6:58 p.m.

  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council consider giving first and second readings to Zoning Amendment Bylaw (7104 Nancy Greene Drive) No. 2370, 2022; and

    That Council authorize staff to schedule a Public Hearing for Zoning Amendment Bylaw (7104 Nancy Greene Drive) No. 2370, 2022; and further

    That Council direct staff to advise the applicant that before consideration of adoption of Zoning Amendment Bylaw (7104 Nancy Greene Drive) No. 2370, 2022, the following matters shall be completed to the satisfaction of the General Manager of Resort Experience:

    1. Registration of a development covenant in favour of the Resort Municipality of Whistler (RMOW) to:
      1. Secure development on the lands consistent with supported development plans to be finalized prior to adoption; and
      2. Secure a green building commitment consistent with current municipal policies and including provision of a Level 1 charging plug at each parking stall plus four Level 2 Electric Vehicle chargers; and
      3. Secure a parking management plan outlining the use of resident and visitor parking in conjunction with rental tenancy.
    2. Registration of a fire suppression covenant;
    3. Registration of a housing agreement in favour of the RMOW to set the maximum initial rents as proposed by the applicant and summarized in the report, and to define terms for employee rental housing consistent with that presented in RMOW Standard Housing Agreements for Affordable Employee Housing Developments Report No. 21-122;
    4. Confirmation from the Ministry of Transportation and Infrastructure that the development has been reviewed and accepted;
    5. Provision of an updated Preliminary Site Servicing Plan and Design Brief that reflects the development and includes all required infrastructure and any infrastructure upgrades; and
    6. Submission of a waste and recycling plan consistent with “Solid Waste Bylaw No. 2139, 2017”.
    CARRIED

9.6
Resort Municipality of Whistler Cannabis Retail Strategy Bylaw Amendments Report No. 22-130 File No. 7657.00

This item has attachments. 
1.07-2022-09-20-Retail Cannabis Report.pdf
2.Appendix A - Cannabis Retail Policy G-27.pdf

Councillor D. Jackson returned to the Meeting at 7:23 p.m.

  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor J. Ford

    That Council consider giving first and second readings to “Zoning Amendment Bylaw (Cannabis Retail) No. 2371, 2022”;

    That Council consider giving first, second and third readings to “Business Licence Amendment Bylaw (Cannabis Retail) No. 2373, 2022” (Business Licence Bylaw); 

    That Council consider giving first, second and third readings to “Liquor Licence and Cannabis Retail Licence Application Processing Fee Bylaw No. 2374, 2022”;

    That Council authorize staff to schedule a Public Hearing regarding “Zoning Amendment Bylaw (Cannabis Retail) No. 2371, 2022”; and further

    That Council authorize staff to give public notice of their intention to adopt the Business Licence Bylaw and provide an opportunity for persons who consider they are affected by the Business Licence Bylaw to make written submissions to Council prior to adoption of the Business Licence Bylaw.

    CARRIED

9.7
Wastewater Treatment Plant Secondary Clarifier Refurbishment Project Report No. 22-131 File No. E40503

This item has attachments. 
1.09-2022-09-20 - WWTP SC Refurbishment Report.pdf
2.Appendix A – E40503 Tender Award Recommendation .pdf
3.Appendix B - WWTP Overview and Secondary Clarifier SC403 Photos.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor J. Ford

    That Council award the contract for the Wastewater Treatment Plant Secondary Clarifier Refurbishment project in the amount of $1,376,305.00 (exclusive of GST) to Filtrum Inc. in accordance with their tender proposal dated August 31, 2022 attached as Appendix A to Administrative Report 22-131. 

    CARRIED

9.8
Five-Year Financial Plan 2022 – 2026 Amendment Bylaw (RMI/MRDT) No. 2376, 2022 Report No. 22-132 File No. 3900-20-2376

This item has attachments. 
1.08-2022-09-20-5YFP 2022 - 2026 Amendment Bylaw No 2376, 2022.pdf
2.Appendix A-Changes in Transit Budget.pdf
3.Appendix B-5-Year-Strategic-Business-Plan.pdf
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council consider giving first, second and third readings to the “Five-Year Financial Plan 2022- 2026 Amendment Bylaw (RMI/MRDT) No. 2376, 2022”.

    CARRIED

9.9
Permissive Tax Exemption Bylaw No. 2368, 2022 Report No. 22-133 File No. 3900-20-2368

This item has attachments. 
1.10-2022-09-20-Permissive Tax Exemption Bylaw No. 2368, 2022 Report.pdf
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor D. Jackson

    That Council consider giving first, second and third readings to “Permissive Tax Exemption Bylaw No. 2368, 2022”. 

    CARRIED

9.10
Council Travel and Expense Reimbursement Policy A-36 Update Report No. 22-134 File No. A-36

This item has attachments. 
1.11-2022-09-20 Council Travel and Expense Reimbursement Policy.pdf
2.Appendix A - Council Policy A36.pdf
3.Appendix B - Procedure_D-09-EmployeeTravelAndExpenseReimbursement.pdf
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council approve an updated Council Travel and Expense Reimbursement Policy A-36 as attached to Administrative Report 22-134 as Appendix A.

    CARRIED

10.
MINUTES OF COMMITTEES AND COMMISSIONS

 

10.1
Whistler Bear Advisory Committee

This item has attachments. 
1.2020_10_14_WBAC_Minutes_Signed.pdf
2.2020_11_18_WBAC_Minutes_Signed.pdf
3.2020_12_09_WBAC_Minutes_Signed.pdf
4.2021_11_10_WBAC_Minutes.pdf
5.2022_04_13_WBAC_Minutes.pdf
  • Moved ByCouncillor A. De Jong
    Seconded ByCouncillor C. Jewett

    That Council receive the Regular Meeting minutes of the Whistler Bear Advisory Committee of:

    • October 14, 2020;
    • November 18, 2020;
    • December 9, 2020;
    • November 10, 2021; and
    • April 13, 2022.
    CARRIED

10.2
Governance and Ethics Committee

This item has attachments. 
1.2021-04-19 GESC Minutes Signed.pdf
2.2022-06-17-GESC Minutes Signed.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council receive the Regular Meeting minutes of the Governance and Ethics Standing Committee of April 19, 2021 and June 17, 2022.

    CARRIED

10.3
Recreation Leisure Advisory Committee

This item has attachments. 
1.RLAC-Signed-Minutes-2022-07-14.pdf
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council receive the Regular Meeting minutes of the Recreation Leisure Advisory Committee of July 14, 2022.

    CARRIED

10.4
Forest and Wildland Advisory Committee

This item has attachments. 
1.FWAC Minutes Signed-2022-08-10.pdf
  • Moved ByCouncillor A. De Jong
    Seconded ByCouncillor C. Jewett

    That Council receive the Regular Meeting minutes of the Forest and Wildland Advisory Committee of August 10, 2022

    CARRIED

11.
BYLAWS FOR FIRST AND SECOND READINGS

 

11.1
Zoning Amendment Bylaw (7104 Nancy Greene Drive) No. 2370, 2022

This item has attachments. 
1.B01-BYL002370.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council give “Zoning Amendment Bylaw (7104 Nancy Greene Drive) No. 2370, 2022” first and second readings.

    CARRIED

11.2
Zoning Amendment Bylaw (Cannabis Retail) No. 2371, 2022

This item has attachments. 
1.B02-BYL002371.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council give “Zoning Amendment Bylaw (Cannabis Retail) No. 2371, 2022” first and second readings.

    CARRIED

12.
BYLAWS FOR FIRST, SECOND AND THIRD READINGS

 

12.1
Land Use Procedures and Fees Bylaw No. 2205, 2022

This item has attachments. 
1.B03-BYL002205_corrected.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council give "Land Use Procedures and Fees Bylaw No. 2205, 2022" first, second and third readings as amended in Schedule E section B. 1. to change the wording from "not inconsistent to consistent".

    CARRIED

12.2
Parking and Traffic Amendment Bylaw (Commercial Vehicles), No. 2363, 2022

This item has attachments. 
1.B04-BYL002363.pdf
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council give "Parking and Traffic Amendment Bylaw (Commercial Vehicles) No. 2363, 2022" first, second and third readings as amended to include the increased accessibility parking penalty of $300, to a maximum of $500 in Schedule A.

    CARRIED

12.3
Land Use Contract Discharge and Zoning Amendment Bylaw (4918 Horstman Lane) No. 2366, 2022

This item has attachments. 
1.B05-BYL002366.pdf
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council give "Land Use Contract Discharge and Zoning Amendment Bylaw (4918 Horstman Lane) No. 2366, 2022" first, second and third readings.

    CARRIED

12.4
Permissive Tax Exemption Bylaw No. 2368, 2022

This item has attachments. 
1.B06-BYL002368.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor D. Jackson

    That Council give "Permissive Tax Exemption Bylaw No. 2368, 2022" first, second and third readings.

    CARRIED

12.5
Business Licence Amendment Bylaw (Cannabis Retail) No. 2373, 2022

This item has attachments. 
1.B07-BYL002373.pdf
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council give "Business Licence Amendment Bylaw (Cannabis Retail) No. 2373, 2022" first, second and third readings.

    CARRIED

12.6
Liquor Licence and Cannabis Retail Licence Application Processing Fee Bylaw No. 2374, 2022

This item has attachments. 
1.B08-BYL002374.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council give "Liquor Licence and Cannabis Retail Licence Application Processing Fee Bylaw No. 2374, 2022" first, second and third readings.

    CARRIED

12.7
Five-Year Financial Plan 2022-2026 Amendment Bylaw (RMI/MRDT) No. 2376, 2022

This item has attachments. 
1.B09-BYL002376.pdf
  • Moved ByCouncillor D. Jackson
    Seconded ByCouncillor C. Jewett

    That Council give "Five-Year Financial Plan 2022-2026 Amendment Bylaw (RMI/MRDT) No. 2376, 2022" first, second and third readings.

    CARRIED

13.
BYLAWS FOR ADOPTION

 

13.1
Freedom of Information and Protection of Privacy Amendment Bylaw (Application Fee) No. 2345, 2022

This item has attachments. 
1.BYL002345.pdf
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor A. De Jong

    That Council adopt “Freedom of Information and Protection of Privacy Amendment Bylaw (Application Fee) No. 2345, 2022”.

    CARRIED

14.
OTHER BUSINESS

 

There was none.

15.
CORRESPONDENCE

 

15.1
Rural Health Care Crisis File No. 3009

This item has attachments. 
1.2022-09-02 P. Adams Rural Health Care.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council receive correspondence from P. Adams regarding the rural health care crisis and refer it to staff.

    CARRIED

15.2
Permissive Tax Exemptions File No. 3009

This item has attachments. 
1.2022-09-06 R. Herr Permissive Exemptions_.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor J. Grills

    That Council receive correspondence from R. Herr regarding permissive tax exemptions and refer it to staff.

    CARRIED

15.3
Building Regulations File No. 3009

This item has attachments. 
1.2022-09-12 D. MacPhail Building Regulation Bylaw_.pdf
  • Moved ByCouncillor D. Jackson
    Seconded ByCouncillor C. Jewett

    That Council receive correspondence from D. MacPhail regarding building regulation bylaws.

    CARRIED

15.4
Cheakamus Forest Service Road Closures File No. 3009

This item has attachments. 
1.2022-09-12 N. Gottlieb Cheakamus FSR Closures.pdf
2.2022-09-12 N. Gottlieb Letter Attachment.pdf
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor A. De Jong

    That Council receive correspondence from N. Gottlieb regarding Cheakamus Forest Service Road closures and refer it to staff.

    CARRIED

16.
TERMINATION

 
  • Moved ByCouncillor D. Jackson
    Seconded ByCouncillor J. Grills

    That Council terminate the Regular Council Meeting of September 20, 2022 at 7:59 p.m.

    CARRIED
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