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 C. Jewett
ABSENT:
  • Councillor D. Jackson
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
  • Manager of Legislative Services/ Corporate Officer, P. Lysaght
  • Manager of Planning, M. Laidlaw
  • Manager of Finance, A. Palmer
  • Acting Manager of Communications, J. Brooksbank
  • Deputy Corporate Officer, J. Nelson
  • Planner, B. McCrady
  • Council Coordinator, M. Miklea

Mayor J. Crompton recognized the Resort Municipality of Whistler is grateful to be on the shared, unceded territory of the Lil’wat 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.

  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor J. Ford

    That Council adopt the Regular Council Meeting agenda of April 26, 2022 as amended to include a presentation from Whistler 2020 Development Corp (WDC) in item 10, Other Business.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor A. De Jong

    That Council adopt the Regular Council Meeting minutes of April 5, 2022; 

    That Council adopt the Public Hearing minutes for Official Community Plan Amendment Bylaw (5298 Alta Lake Road) No. 2289, 2020 and Zoning Amendment Bylaw (5298 Alta Lake Road) No. 2283, 2020 of April 6, 2022; 

    That Council adopt the Public Hearing minutes for Land Use Contract Termination Bylaw (Horstman Estates) No. 2323, 2022 of April 19, 2022; and 

    That Council adopt the Public Hearing minutes for Land Use Contract Termination Bylaw (1200 Alta Lake Road) No. 2347, 2022 of April 19, 2022.

    CARRIED

Questions submitted in advance of the Meeting by email.

Lenka Prozachka, 7470 Ambassador Crescent

L. Prozachka asked will Council consider the huge affordability issues faced by my generation when choosing whether this beautification project (White Gold Undergrounding) proceeds?

Mayor Crompton advised a tender is required and the project is not binding on Council at this stage. Once the final price is known, a cost estimate will be compiled. If the final cost estimate is less than the value approved by the petition, the RMOW can proceed to the next steps. If the final cost estimate is more than the petition value, RMOW staff can request Mayor and Council provide direction to re-issue the petition at the new value and potentially at a threshold other than what is specified in the Community Charter. If approved by Council, a new petition will be sent to all 160 properties of White Gold.

Questions asked in person.

Rhonda Millikin, 7212 Fitzsimmons Road South

R. Millikin asked if Mayor and Council would cancel the White Gold Undergrounding Project (WGUP) given the rising costs.

Mayor Crompton advised Council is waiting for the final estimates before proceeding with a decision. If it is less than the amount included in the original petition, then it will proceed to the next stage. If the estimate is more – staff will ask Council to redo the petition. Council has leeway to increase the threshold and other considerations, affordability for residents considered.

Danny Mason, no fixed address

D. Mason asked when Council directed staff to no longer enforce the covenant in place on the property formerly rented by D. Mason and his family.

Mayor Crompton advised the situation appears to be a Rental Tenancy Branch (RTB) issue and the municipality does not regulate the RTB, it is a Provincial Government matter.

D. Mason asked if it was true that RMOW staff advised his previous landlord that D. Mason had harassed staff regarding this covenant and tenancy issue.

Mayor Crompton advised Council has no information on that.

D. Mason asked how the creating WHA market inventory is regarded as the best way to offer affordable housing for local employees.

Mayor Crompton noted there are 7,000 beds in a town of 13,000 people and the goal of this Council is to build more.

D. Mason asked why the Housing Covenant in place at his former residence could be utilized in a number of ways but not to protect their family’s continued tenancy.

Mayor Crompton advised eviction and the rules around eviction is entirely an RTB issue.

D. Mason asked if Whistler Housing Authority (WHA) board members sit in RMOW Closed Council meetings.

Mayor Crompton advised that WHA Board members do not attend Closed Council meetings, unless they are invited to attend for a specific report relating to the WHA.

D. Mason asked if it may be a conflict of interest if certain WHA board members sit at Closed Council meetings.

Mayor Crompton advised the way the RMOW conducts Closed Council meetings follows all legal requirements.

D. Mason asked what is Mayor and Council’s position on an ‘empty home tax’ in Whistler.

Mayor Crompton advised Council has not taken a position on that topic.

Tom Prochazka, 7470 Ambassador Crescent

T. Prochazka asked if Council would reconsider proceeding with the WGUP if the costs are higher than initially anticipated.

Mayor Crompton advised there has been no final cost estimate yet, however if it is higher than the petition’s parameters, Council will return to the property owners with a new petition.

Claire Thornwaite, 7470 Ambassador Crescent

C. Thornthwaite asked if a re-design was possible, with input from Shaw and Telus, before a new petition was put forward.

General Manager of Infrastructure Services J. Hallisey advised the designs will be available soon although it was not considered to invite Shaw and Telus for their input.

Marielle Thompson, 7418 Ambassador Crescent (and representing 7422 Ambassador Crescent)

M. Thompson asked if Council would consider cancelling the WGUP.

Mayor Crompton advised at this time the process cannot be halted and will be revisited once the final cost estimate is put forward.

Al Morgan, 7320 Fitzsimmons Road South

A. Morgan asked when the design and price schedule will be completed and publicized for inspection by residents and if this is a preliminary or final design?

Mayor Crompton advised the proposal and price schedule will be for a final design and to be made available in the next 6-8 weeks.

Christina Willis, no fixed address

C. Wilis asked why covenants are not homogenously enforced across properties in the RMOW.

Mayor Crompton advised the owners of the property in question utilized the Residential Tenancy Act to rent the suite to a next of kin who would qualify under the employee housing covenant based on a statutory declaration.

General Manager of Corporate and Community Services T. Battiston noted the use of the suite by a family member falls under the jurisdiction of the province. The RMOW does not have the power to enforce or dispute decisions by the RTB, however if the new tenant is not employed or looking for work in Whistler, or does not live in Whistler full-time, the RMOW can enforce the covenant on a complaint-based approach.

C. Willis asked regarding the tenancy’s rental rate and apparently did not conform to the RMOW’s schedule of rates.

General Manager of Corporate and Community Services T. Battiston noted the Bylaw Department follows complaints that come in based on this common issue in Whistler.

C. Willis asked if private property owners with WHA properties receive any tax incentives or exemptions.

Mayor Crompton advised they do not.

Scott Carroll, 2370 Toni Sailer Lane

S. Carroll asked who would pay anything above $5,500,000, the original WGUP petition amount.

General Manager of Infrastructure Services J. Hallisey advised the RMOW is at risk of paying incurred costs above that amount and would not approve a final cost estimate above that.

Mayor Crompton noted the Local Area Service Petition as per the Community Charter is the only way for residents to communicate their desire to change the utilities in their neighbourhood.

Keith Henneke, White Gold

K. Henneke asked if Mayor and Council could take into consideration offering more weight to the votes of full time Whistler residents?

Mayor Crompton advised the RMOW could not consider such a voting structure.

K. Henneke asked if Mayor and Council could take into consideration if the 51% threshold could be altered for future petitions.

Mayor Crompton advised there is some flexibility in the petition threshold.

Ronald Watson, 7304 Fitzsimmons Road South

R. Watson asked if a full environmental assessment will be done with respect to WGUP.

General Manager of Infrastructure Services J. Hallisey advised the environmental impact is not assessed to be significant and where necessary there will be a report.

Claire Thornthwaite, 7470 Ambassador Crescent

C. Thornthwaite asked if Mayor and Council can still vote against the lending once the WGUP final tender has finished.

Mayor Crompton advised that Council can vote against lending if the final tender is above the original petition value and can also vote against lending for other reasons.

Mayor Crompton called for a brief recess at 6:17 p.m.

Mayor Crompton brought the meeting back to order 6:20 p.m.

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

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

  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council approve the issuance of Development Variance Permit DVP01222, attached as Appendix C to Administrative Report to Council No. 22-055, for the proposed development located at 8315 Mountain View Drive to vary the east side building setback for the detached dwelling.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council approve the issuance of Development Variance Permit DVP01225, attached as Appendix C to Administrative Report to Council No. 22-056, for the proposed development located at 2605 Whistler Road to vary the side and rear building setbacks for a proposed deck; and further 

    That Council direct staff to advise the applicant that prior to issuance of DVP01225, the existing shed located in the rear setback be removed or relocated to meet applicable setback requirements, to the satisfaction of the General Manager of Resort Experience.

    CARRIED
  • Moved ByCouncillor A. De Jong
    Seconded ByCouncillor C. Jewett

    That Council approve the issuance of Development Variance Permit DVP01204, attached as Appendix C to Administrative Report to Council No. 22-057, for the existing development located at 9270 Emerald Drive; to vary the front and side building setbacks for the detached dwelling, vary the front setback for the deck support post and vary the parking setback for two parking spaces.

    CARRIED

Councillor De Jong declared a conflict and left at 6:36 p.m.

  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor J. Grills

    That Council consider giving first, second and third readings to “Housing Agreement Bylaw (2077 Garibaldi Way) No. 2327, 2022.

    CARRIED

Councillor De Jong returned to the meeting at 6:58 p.m.

Mayor Crompton acknowledged Freedom of the Municipality Holder, E. Martin was present.

  • Moved ByCouncillor J. Grills
    Seconded ByCouncillor J. Ford

    That Council approve moving agenda item 10.4 to immediately after item 6.5.

    CARRIED

A presentation was given by WDC President, Eric Martin.

  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council receive the WDC presentation.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council appoint Mayor Jack Crompton to the Protocol Agreement Working Committee as the representative for the Resort Municipality of Whistler.

    CARRIED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council consider giving first, second, and third readings to the following bylaws:

    • “Property Tax Rates Bylaw No. 2354, 2022”;
    • “Water Tax Bylaw No. 2356, 2022”;
    • “Sewer Tax Bylaw No. 2357, 2022”;
    • “Water User Fee and Regulation Amendment Bylaw No. 2358, 2022”;
    • “Sewer User Fee Amendment Bylaw No. 2359, 2022”;
    • “Solid Waste Amendment Bylaw No. 2360, 2022”; and
    • “Alternative Municipal Tax Collection Scheme Amendment Bylaw No. 2355, 2022”.
    CARRIED
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council approve the 2022 Community Enrichment Program grants funded from general revenue as follows:

    • Community Foundation of Whistler      $3,250.00
    • Howe Sound Women Centre - PEACE    $8,000.00
    • Howe Sound Women Centre - Whistler Women's Centre - Drop-in     $13,000.00
    • Pathways Serious Mental Illness Society     $5,000.00
    • Sea to Sky Community Services Society - Better at Home     $4,500.00
    • Sea to Sky Community Services Society - Whistler Playgroup     $5,000.00
    • Whistler Community Services Society - Counselling Assistance program     $14,000.00
    • Whistler Institute of Learning Society     $2,500.00
    • Whistler Mature Action Community     $2,000.00
    • Whistler Multicultural Society - Multicultural Community Kitchen     $6,274.00
    • Whistler Multicultural Society - Resilience BC Anti-Racism Network     $3,000.00
    • Zero Ceiling Society of Canada - Work 2 Live Program     $6,000.00
    • Whistler Farmer's Market     $3,000.00
    • Association of Whistler Area Residents for the Environment (AWARE)     $3,000.00
    • Whistler Naturalists Society     $3,276.00
    • BC Luge Association     $2,000.00
    • Sea to Sky Nordics     $3,000.00
    • Whistler Adaptive Sports Program      $7,000.00
    • Whistler Blackcomb Freestyle Ski Club     $4,000.00
    • Whistler Gymnastics Club     $2,500.00
    • Whistler Minor Hockey Association     $4,000.00
    • Whistler Mountain Ski Club     $3,000.00
    • Whistler Nordics Ski Club     $3,000.00
    • Whistler Sailing Association     $2,500.00
    • Whistler Sea Wolves Swim Club     $3,000.00
    • Whistler Skating Club      $4,000.00
    • Whistler Slo Pitch Association     $2,500.00
    • Whistler Sport Legacies Society     $2,000.00
    • Whistler Youth Soccer Club     $5,000.00
    • Axemen Rugby     $1,250.00
    • Whistler Field Hockey Club     $3,100.00
    • Yoga Buggy     $1,000.00
    • The Point Artist-Run Centre Society     $4,000.00
    • The Whistler Writing Society      $2,500.00
    • Whistler Singers     $1,650.00
    • Whistler Valley Quilters' Guild Society     $2,000.00
    • Whistler Chamber Music Society     $1,000.00
    • Whistler Secondary Scholarships     $6,000 
    • TOTAL     $151,800.00
    CARRIED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council consider giving first, second, and third readings to the "Mail Ballot Authorization and Procedure Amendment Bylaw (Mail Ballot Schedule), No. 2353, 2022"; and 

    That Council consider giving first, second and third readings to the "General Local Government Elections Amendment Bylaw (Special Voting Opportunities) No. 2361, 2022". 

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

    That Council receive the Regular Meeting minutes of the Accessibility and Inclusion Committee of December 1, 2021.

    CARRIED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council receive the Regular Meeting minutes of the Board of Variance of January 31, 2022.

    CARRIED
  • Moved ByCouncillor A. De Jong
    Seconded ByCouncillor J. Grills

    That Council receive the Regular Meeting minutes of the Forest Wildland Advisory Committee of March 9, 2022.

    CARRIED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council give “Housing Agreement Bylaw (2077 Garibaldi Way) No. 2327, 2022” first, second and third readings.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council give "Property Tax Rates Bylaw No 2354, 2022" first, second and third readings.

    CARRIED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council give "Alternative Municipal Tax Collection Scheme Amendment Bylaw No 2355, 2022" first, second and third readings.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor A. De Jong

    That Council give "Water Tax Bylaw No. 2356, 2022" first, second and third readings.

    CARRIED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council give "Sewer Tax Bylaw No. 2357, 2022" first, second and third readings.

    CARRIED
  • Moved ByCouncillor A. De Jong
    Seconded ByCouncillor R. Forsyth

    That Council give "Water User Fee and Regulation Amendment Bylaw No. 2358, 2022" first, second and third readings.

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

    That Council give "Sewer User Fee Amendment Bylaw No. 2359, 2022" first, second and third readings.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor R. Forsyth

    That Council give "Solid Waste Amendment Bylaw No. 2360, 2022" first, second and third readings.

    CARRIED
  • Moved ByCouncillor A. De Jong
    Seconded ByCouncillor C. Jewett

    That Council give "Mail Ballot Authorization and Procedure Amendment Bylaw (Mail Ballot Schedule), No 2353, 2022" first, second and third readings.

    CARRIED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council give "General Local Government Elections Amendment Bylaw (Special Voting Opportunities) No. 2361, 2022" first, second and third readings.

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

    That Council adopt "Housing Agreement Bylaw (Cheakamus Crossing Phase 2) No. 2352, 2022".

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

    That Council appoint Pauline Lysaght, Manager of Legislative Services, as the Chief Election Officer for the 2022 Whistler General Local Election.

    CARRIED
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council appoint Carlee Price, Director of Finance, James Hallisey, General Manager of Infrastructure Services, and Brian Gilroy, Records and Information Management Coordinator to serve as the Parcel Tax Roll Review Panel ("Panel") for the subject bylaw, "Local Area Service Parcel Tax and Parcel Tax Roll (Alta Lake Road) Bylaw No. 2349, 2022".

    That Council establish May 5, 2022, at 10:00 a.m. in the Flute Room, Municipal Hall, 4325 Blackcomb Way, Whistler, B.C. V8E 0X5, as the date, time and place for the sitting of the Panel; and 

    That Council direct staff to publish advance notice of the time and place of the Panel’s sitting in accordance with section 94 of the Community Charter.

    CARRIED
  • Moved ByCouncillor J. Grills
    Seconded ByCouncillor A. De Jong

    Whereas the Council of the Resort Municipality of Whistler (RMOW) wishes to appoint Jonas Mislin as a Parks and Trails Officer pursuant to section 36 of the Police Act, and upon Jonas Mislin swearing the oath pursuant to section 1(b) of Police Oath/Solemn Affirmation Regulation, before a Commissioner for taking Affidavits in the Province of British Columbia, the RMOW hereby appoints Jonas Mislin as a Parks and Trails Officer to perform the functions and duties specified in the Parks and Trails Officers job descriptions; and

    Whereas the Council of the Resort Municipality of Whistler (RMOW) wishes to appoint David Sakolinsky as a Parks and Trails Officer pursuant to section 36 of the Police Act, and upon David Sakolinsky swearing the oath pursuant to section 1(b) of Police Oath/Solemn Affirmation Regulation, before a Commissioner for taking Affidavits in the Province of British Columbia, the RMOW hereby appoints David Sakolinsky as a Parks and Trails Officer to perform the functions and duties specified in the Parks and Trails Officers job descriptions; and further

    Whereas the Council of the Resort Municipality of Whistler (RMOW) wishes to appoint Philippe Melanson as a Parks and Trails Officer pursuant to section 36 of the Police Act, and upon Philippe Melanson swearing the oath pursuant to section 1(b) of Police Oath/Solemn Affirmation Regulation, before a Commissioner for taking Affidavits in the Province of British Columbia, the RMOW hereby appoints Philippe Melanson as a Parks and Trails Officer to perform the functions and duties specified in the Parks and Trails Officers job descriptions.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council receive correspondence from Bonnie McCue, City of Fort St. John, regarding Extended Hour Child Care for Shift Workers.

    CARRIED
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council receive correspondence from Mayor Rysz, District of Sicamous, regarding the Invasive Mussel Defense Program.

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

    That Council receive correspondence from R. Akehurst regarding Commercial and Office Space in Whistler and refer it to staff.

    CARRIED
  • Moved ByCouncillor A. De Jong
    Seconded ByCouncillor J. Grills

    That Council receive correspondence from the following individuals regarding White Gold Undergrounding Project and refer them to staff:

    • C. MacDonald;
    • I. MacDonald;
    • R. Millikin;
    • D. Hughes;
    • L. Myers;
    • D. and K. Jazic;
    • A. Steiner;
    • K. Ford;
    • A. Morgan;
    • O. Seger;
    • T. Thompson;
    • B. Hall;
    • C. and T. Prochazka;
    • L. Vollmer; and
    • D. Armour and B. Instance.
    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council receive correspondence from C. Doak regarding the Alta Vista Local Area Service and refer it to staff.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council receive correspondence from the following individuals regarding DVP01225 and refer them to staff:

    • B. and E. Sinclair; and
    • D. Richards and J. Borgen.
    CARRIED
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor A. De Jong

    That Council receive correspondence from B. Bucholz regarding construction hours in Whistler and refer it to staff.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor R. Forsyth

    That Council receive correspondence from P. Smyth regarding Alta Lake Road speed limits and refer it to staff.

    CARRIED
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council receive correspondence from D. MacPhail regarding protecting home buyers and refer it to staff.

    CARRIED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor J. Ford

    That Council receive correspondence from C. Cilloniz, refer it to staff and that the Fitzsimmons Covered Bridge be lit blue on November 12, 2022, for the Worldwide Pneumonia Awareness Campaign.

    CARRIED
  • Moved ByCouncillor R. Forsyth
    Seconded ByCouncillor C. Jewett

    That Council receive correspondence from J. Chee, refer it to staff and that the Fitzsimmons Covered Bridge be lit blue and yellow on May 15, 2022, for International MPS Awareness Day.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor A. De Jong

    That Council receive correspondence from E. Ing, refer it to staff and that the Fitzsimmons Covered Bridge be lit green on September 24, 2022, in support of those with mitochondrial diseases.

    CARRIED
  • Moved ByCouncillor A. De Jong
    Seconded ByCouncillor J. Ford

    That Council receive correspondence from P. Gregory, refer it to staff and that June 8, 2022, be proclaimed World Ocean Day.

    CARRIED
  • Moved ByCouncillor J. Ford
    Seconded ByCouncillor J. Grills

    That Council receive correspondence from L. Breault, refer it to staff and that May 17, 2022, be proclaimed International Day Against Homophobia and Transphobia and that the Fitzsimmons Covered Bridge be lit rainbow.

    CARRIED
  • Moved ByCouncillor C. Jewett
    Seconded ByCouncillor R. Forsyth

    That Council terminate the Regular Council Meeting of April 26, 2022 at 7:55 p.m.

    CARRIED
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