Questions submitted in advance of the Meeting by email.
Danny Mason, 1556 Tynebridge Lane
Question: May we please ask that a representative of the Resort Municipality of Whistler attend our dispute hearing with the Residential Tenancy Branch (RTB) - not to act as representative of either party - but to act as a witness in defense of the evidence of the Standard Charge Terms of the Covenant?
Mayor J. Crompton advised the RTB has authority over this type of dispute and the RMOW will provide any information if requested to do so.
Follow up question: If the Resort Municipality of Whistler will not enforce the Covenant, or refuses to intervene to defend those whom the Covenant is meant to protect, does the RMOW expose itself to potential liability in civil court?
Mayor J. Crompton advised the RMOW enforces applicable employee occupancy covenants and the RMOW does not believe it is exposing itself to civil liability in this regard.
Questions asked during the Meeting via Zoom.
Christina Willis, 1556 Tynebridge Lane
C. Willis asked how violations relating to land title covenants registered with the municipality are reported and resolved.
General Manager of Corporate and Community Services T. Battiston advised this is a complaints-based system, whereby upon notice of an alleged infraction, Bylaw Services will do an investigation and follow-up as necessary.
C. Willis further asked if there is an audit of the number of violations taking place in the municipality.
Mayor J. Crompton advised it is complaints-based, if there is a complaint about a location Bylaw Services will investigate and follow through with enforcement if necessary.
General Manager of Corporate and Community Services T. Battiston added there is a statutory declaration required by owners which must be completed on an annual basis stating who the occupants are and that the owners are compliant with the requirements set out in the covenant.
C. Willis asked if it possible to obtain the occupancy permit and a copy of the covenants on title of her current residence.
General Manager of Infrastructure Services J. Hallisey confirmed occupancy permits reside with the building department but he would check.
Director of Planning M. Kirkegaard clarified the Planning Department can share the covenants with the tenants.
C. Willis asked if it is the goal of the municipality to provide housing for local employees.
Mayor J. Crompton advised the RMOW and the current Council takes this issue seriously. Whistler Housing Authority (WHA) inventory speaks to how seriously Council takes the housing issue in Whistler.
C. Willis asked if there is a rental index that informs what a reasonable rental rate is in Whistler.
Mayor J. Crompton advised this is why WHA is so critical and can regulate the rates of any housing in the WHA inventory.
Danny Mason, 1556 Tynebridge Lane
D. Mason asked how many properties currently exist with occupant-restrictive covenant similar to his Tynebridge residence.
General Manager of Corporate and Community Services T. Battiston advised that the number of covenants is approximately 30-40.
D. Mason asked about the covenant discharge fees.
Mayor J. Crompton advised the cash-in-lieu required for a covenant discharge goes towards creating new housing in Whistler to provide security for employee housing.
D. Mason asked if it is a good idea to allow these covenants to be discharged, reducing employee rental spaces.
Mayor J. Crompton advised that covenants which were enacted 25 years ago have less ability to offer secure housing when compared to newly built RMOW-owned housing projects.
Edgar Dearden, 206-1420 Alpha Lake Road
E. Dearden asked if a municipality in BC can pass a bylaw to prevent the use of fossil fuels within municipal boundaries.
General Manager of Resort Experience J. Gresley-Jones advised RMOW's ability would require a rezoning process which dictates types of fuels that can be used on that zone. For existing properties it is not feasible.
E. Dearden asked if the Official Community Plan section 8.1.3 could be used as the tool to restrict use of fossil gas for heating.
General Manager of Resort Experience J. Gresley-Jones advised the RMOW is using the tools currently available
General Manager of Corporate and Community Services T. Battiston advised regarding 'concurrent spheres of authority' principle of law. The building code regulates how buildings are built and how the systems work, but is currently administered by the provincial government.