ADOPTION OF THE AGENDA Council adopted, by unanimous consent, the December 7, 2009 Regular Council meeting agenda.

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1 Minutes of the Regular Council Meeting held Monday, December 7, 2009, at 7:00 p.m. in the Council Chamber, Municipal Office, 660 Primrose Street, Qualicum Beach, BC PRESENT: Council: Mayor Teunis Westbroek Councillor Barry Avis Councillor Kent Becker Councillor Jack Wilson Absent: Councillor Mary Brouilette ALSO PRESENT: Staff: Mark Brown, Chief Administrative Officer (CAO) John Marsh, Financial Administrator/Deputy CAO Darrell Kohse, Fire Chief Bob Weir, Director of Engineering & Utilities Paul Butler, Director of Planning Luke Sales, Special Projects Planner Allan Cameron, Superintendent of Public Works, Parks & Bldgs. Trudy Coates, Corporate Administrator Heather Svensen, Deputy Corporate Administrator The Mayor called the meeting to order at: 7:00 p.m. ADOPTION OF THE AGENDA Council adopted, by unanimous consent, the December 7, 2009 Regular Council meeting agenda. APPROVAL OF THE MINUTES Council approved, by unanimous consent, the November 6, 2009 Special Council meeting minutes. Council approved, by unanimous consent, the November 18, 2009 Regular Council meeting BUSINESS ARISING FROM THE MINUTES - Nil PUBLIC HEARING (1) Official Community Plan Bylaw No. 590, 2005, Amendment (Secondary Suites) Bylaw No , 2009 (2) Land Use & Subdivision Bylaw No. 580, 1999 Amendment (Secondary Suites) Bylaw No , 2009 At 7:01 p.m. the Mayor declared open the Public Hearing, convened pursuant to section 890 of the Local Government Act, to allow the public to make representations to Council respecting matters contained in the proposed bylaws: Official Community Plan Bylaw No. 590, 2005, Amendment (Secondary Suites) Bylaw No , 2009 ; Land Use & Subdivision Bylaw No. 580, 1999, Amendment (Secondary Suites) Bylaw No , The Mayor reviewed the purpose of the hearing, and procedures to follow during the hearing. The Director of Planning introduced Bylaws No and which, if adopted, would: through Bylaw No , amend the policies in the Official Community Plan to recognize the importance of secondary suites and allow for amendments to the zoning bylaw to allow secondary suites in single-family residential areas throughout the Town and garden suites (detached suites) in single-family residential areas of the Village Neighbourhood but not in any other areas of Town; and,

2 Page 2 of 8 through Bylaw No , amend the zoning bylaw to: o allow secondary suites in most single-family zones in the Town (Residential 1, Rural Residential 1, Rural 1 and Rural 3) except for Land Use Contract areas, e.g. Eaglecrest, and on lots that already allow for a second dwelling; o allow gardens suites in single-family zones (R1) within the Village Neighbourhood; o legalize accessory residential rental units in Commercial Zones 1, 4, and 7, and Comprehensive Development Zones 4, 6 and 7 (all downtown commercial zones) in the form of an optional density bonus; and o make minor adjustments to parking requirements, height restrictions, setbacks, home occupation use and the size of accessory buildings to accommodate suites and regulate their implementation. The Mayor called for any persons who deemed themselves affected by Bylaws No and who wished to be heard or present written submissions to come forward. Frank Horner, West First Avenue resident, questioned whether there was anywhere in Town that is being prohibited from having a secondary suite. Scott Tanner, Crescent Road West resident, questioned definitions within the bylaw, including the wording regarding the common interior wall minimum size (10m 2), and if there was a minimum floor area requirement for garden suite. Alfred Heringa, Hilliers Road resident and owner of property on Rupert Road, expressed concern with the change of direction, that is, that the garden suites will only be allowed in the downtown core. He recommended allowing garden suites in the rest of Qualicum Beach, particularly on rural acreages. The Mayor called three times for any persons who deemed themselves affected by Bylaws No and who wished to be heard or present written submissions to come forward and, hearing no one, declared the public hearing on Bylaws No and closed at 7:12 p.m. DELEGATION (1) S/ Sgt. Brian Hunter, Oceanside R.C.M.P. presented the 3 rd Quarter Report, for information and noted new staff: Sgt. Darrell Robertson, community policing officer Cst. Pam Bolton and traffic member Cst. Blake Mencher. (2) Marianne McLennan, Vancouver Island Health Authority and Mike Wansink, Harelquin Road resident, both members of the Oceanside Healthy Aging Initiative Committee presented the Falls Prevention Pilot Project Final Report, for information. (3) Michele Deakin, Fabric Drive, Qualicum Beach and representing Mid Vancouver Island Habitat Enhancement Society submitted copies of her presentation on the results of the Bio-inventory of the Englishman River Estuary and the nearshore from Little Qualicum River to Craig Creek and requested Council support, either financial or in-kind, for education programs regarding healthy nearshore areas, and refer for consideration in the upcoming Official Community Plan review the issues related to maintaining a healthy and functioning nearshore system including impacts of shoreline modifications, lack of a healthy marine riparian area, and need to protect the function of the nearshore including eelgrass, kelps, forage fish habitat, etc. (4) Paul Kyba, Burnham Road resident and Chairperson, North Qualicum Beach Homeowners Association submitted copies of his presentation and requested the preparation of a multi-family residential Development Permit Area designation for the Qualicum College site on College Road, prior to any consideration of a rezoning application and, in accordance with the Town s policies as set out in Official Community Plan Bylaw No. 590.

3 Page 3 of 8 CORRESPONDENCE (1) Correspondence Log December 7, 2009 (2) Nestor E. Gayowsky, President, Qualicum Beach Residents Association (04 Nov 09) Suggested Name Change for Community Park Councillor Wilson MOVED and Councillor Becker SECONDED, THAT Council instructs staff to send the Qualicum Beach Residents Association a letter of appreciation for the suggestion to rename the Community Park and advise the Association that the Town has no plans at this time to rename the Park. (3) Rosemary Bonanno, Executive Director, Vancouver Island Regional Library (17 Nov 09) Requesting 2010 VIRL Board Appointment Councillor Becker MOVED and Councillor Wilson SECONDED, THAT Council reappoints Councillor Barry Avis as the representative to the Vancouver Island Regional Library (VIRL) Board for a one year term for 2010; AND FURTHER re-appoints Councillor Mary Brouilette as the alternate Town of Qualicum Beach representative for a one year term for 2010; AND FURTHER THAT these appointments continue until a successor is appointed, as provided under Section 18(3) of the Library Act, or unless removed for cause as provided under Section 18(4) of the Library Act. (4) Wayne Hamilton (02 Dec 09) Requesting (1) installation of stop signs on private property at the exit driveway to multi-residential developments, (2) improve slope and pave surface of the easement park trail at Qualicum Park Estates; (3) installation of lighted yield signs at the entrances to the Roundabout at Rupert Road and Memorial Avenue; and (4) public access to the Town s wireless network. Councillor Wilson MOVED and Councillor Becker SECONDED, THAT Council refers Wayne Hamilton s correspondence (02 Dec 09) to staff to provide recommendations regarding the request to (1) install stop signs on private property at the exit driveways to multi-residential developments, (2) improve slope and pave surface of the easement park trail at Qualicum Park Estates; and (3) install lighted yield signs at the entrances to the roundabout at Rupert Road and Memorial Avenue. Councillor Wilson MOVED and Councillor Becker SECONDED, THAT the Town of Qualicum Beach maintain the status quo on public access to wireless service, i.e. refer the public to the Library wireless network. COMMITTEE & LIAISON REPORTS (1) Community Development (Councillor Mary Brouilette) - Nil (2) Protective Services (Councillor Kent Becker) Councillor Becker reported on the following: (a) Climate Change Resolution Councillor Becker MOVED and Councillor Avis SECONDED, THAT Whereas COP 15, the international negotiations for Carbon Reduction and limitation of Atmospheric Temperature Rise (post 2012 Kyoto) will be held in Copenhagen, Denmark from December 7 th 18 th, 2009, and because local governments are where climate change happens and where solutions must be found; therefore be it

4 Page 4 of 8 resolved that Mayor and Council send a message of strong support to Prime Minister Harper confirming the urgency for an international agreement for countries to limit climate change; and be it further resolved that Prime Minister Harper and Canadian Governmental representatives be requested to support the high level role of Local Governments in negotiations and in creating solutions; and finally, be it resolved that the message of support be copied to the Association of Vancouver Island and Coastal Communities, Union of BC Municipalities, and Federation of Canadian Municipalities, along with MP James Lunney, Senator Neufeld, Minister Lekstrom, Premier Campbell, and the Federal and Provincial Ministers of Environment, Industry, Energy, Agricultural and Social/Family/Women and Children to rally support and encourage lobbying of Federal and Provincial governments to work with local governments to create enabling legislation to mitigate climate change and allow resiliency at the local level. (b) Increased Dog Control Enforcement during Brant Migration Councillor Becker MOVED and Councillor Avis SECONDED, THAT Council instructs staff to re-allocate bylaw enforcement resources to increase patrols on the beach during the Brant migration period (March 1 to April 30) for active enforcement and ticketing of owners allowing dogs to be off-leash; AND FURTHER instructs staff to provide public notice that owners with dogs at large on the beach during this period will be ticketed. Select Committee on Environment considering the proposed coal mining development. (3) Planning & Community Events (Councillor Barry Avis) Councillor Avis reported on the Fanny Bay meeting coal development he attended. (4) Parks & Recreation (Councillor Jack Wilson) Councillor Wilson reported on the following: Recreation and Parks Commission December 3, 2009 Recommendation Councillor Wilson MOVED and Councillor Becker SECONDED, THAT Council withdraws the Council motion on the floor from September 14, 2009: THAT the Town have appropriate signage posted at access points, according to staff recommendations, to public rights-of-way owned by the Town. Qualicum Beach Museum and Historical Society Fee for Service Agreement Councillor Wilson MOVED and Councillor Avis SECONDED, THAT Council authorizes the Mayor and Corporate Administrator to execute a Fee for Service Agreement with the Qualicum Beach Museum and Historical Society substantially in the form of the 2008 and 2009 Fee for Service Agreement as amended: term will be for five years from January 1, 2010 to December 31, 2014; the Fee for Service amount changes from $3 per capita to an amount equal to ½% of general municipal property taxation based on the 2010 to 2014 Financial Plan. Traffic Delays Due to Traffic Lights Councillor Wilson MOVED and Councillor Avis SECONDED, THAT Staff provide a recommendation on the option to set the traffic light at Memorial Avenue and Fern

5 Page 5 of 8 Road to blink red on the Fern Road side and yellow on the Memorial Avenue side during the hours of 7:00 p.m. to 6:00 a.m. Status of the Community Park entrance at Second Avenue and Jones Street archway project. (5) General Government (Mayor Teunis Westbroek) Mayor Westbroek reported on the following: Sustainability Session December 8, 2009 at the Civic Centre Appreciation to Council members for attending the annual Lawn Bowling Club event and to staff for their assistance with the lawn bowling green. STAFF REPORTS (1) Chief Administrative Officer (Mark Brown) (a) Monthly Report For Information (b) Climate Action Local Government Boot Camp For Information (c) Low Flush Toilet Rebate Program Councillor Avis MOVED and Councillor Becker SECONDED, THAT Council directs staff to continue the Low Flush Toilet Rebate Program until December 31, (2) Corporate Administration (Trudy Coates, Corporate Administrator) (a) Announcement of Special Council Meeting Motions The Corporate Administrator announced the following motions from the December 7, 2009 Special Council meeting: THAT Council authorizes the Mayor and Corporate Administrator to execute the leases with tenants (Qualicum Beach Physiotherapy and LifeLabs) in the Qualicum Beach Town Hall building substantially in the form as drafted for the Qualicium Beach Physiotherapy dated for reference January 1, 2010 with the addition of Schedule A floor plan, and subject to publishing statutory notices. THAT Council appoints Pat Kingsford on the Select Committee on Environment and Rudi Heijnen as his alternate representing the Eaglecrest Residents Association; AND FURTHER THAT Council appoints Rudi Heijnen on the Select Committee on Airport and Jerry Vander Ros as his alternate representing the Eaglecrest Residents Association. (b) Community Hall/Civic Centre Rental Rates Policy Councillor Avis MOVED and Councillor Becker SECONDED, THAT Council approves the policy: Buildings and Grounds Use of Town-Owned Facilities & Equipment - Community Hall and Civic Centre Rental Rates as amended. (c) Blue & White Highway Informational Signs for Specific Businesses Policy No Councillor Wilson MOVED and Councillor Avis SECONDED, THAT Council approves the policy: Buildings and Grounds Signage Blue & White Highway Informational Signs for Specific Businesses as amended.

6 Page 6 of 8 (3) Financial Administration (John Marsh, Financial Administrator) (a) Monthly Financial Report For Information (b) Monthly Bylaw Compliance Report For Information (c) Monthly Fire Department Report For Information (d) TQB 2009 Fire Service Engine Tender Councillor Becker MOVED and Councillor Avis SECONDED, THAT Council authorizes staff to enter into a contract with Hub Fire Apparatus for the building of the Fire Engine for the approximate cost of $556,000. plus taxes. (4) Planning (Paul Butler, Director of Planning) (a) Construction and Building Permit Monthly Report (b) Development Permit & Development Variance Permit 532 Memorial Ave. ( The Azures ) Councillor Avis MOVED and Councillor Becker SECONDED, THAT Council proposes to consider issuance of a Development Permit and Development Variance Permit for 532 Memorial Avenue at the January 11, 2010 Council meeting; AND FURTHER THAT Council directs staff to proceed with the statutory notification to the surrounding neighbours in regard to this matter; AND FURTHER THAT Council directs staff to prepare a replacement to the existing covenant on 532 Memorial Avenue that will address the points listed in the December 7, 2009 Planning memo to Council. (5) Public Works, Parks & Buildings (Allan Cameron, Superintendent) (a) Public Works, Parks & Buildings Monthly Report For Information (b) Potential Whitmee Road Pedestrian Viewpoint Councillor Wilson MOVED and Councillor Avis SECONDED, THAT Council directs staff to amend Policy No Building and Grounds Pruning, Trimming and Removal of Trees on Town-Controlled Lands to include the north end of Whitmee Road as a pedestrian view corridor. BYLAWS (1) Bylaw No Councillor Becker MOVED and Councillor Wilson SECONDED, THAT the bylaw entitled " Airport User Fee Bylaw No , 2003, Amendment ( Fee) Bylaw No , 2009" be introduced and read a first time. (2) Bylaw No Councillor Wilson MOVED and Councillor Becker SECONDED, THAT the bylaw entitled " Airport Establishment and Operation Bylaw No , 1998, Amendment (Fees) Bylaw No , 2009" be introduced and read a first time.

7 Page 7 of 8 (3) Bylaw Councillor Becker MOVED and Councillor Wilson SECONDED, THAT the bylaw entitled Sewer User Rates Bylaw No , Amendment ( ) Bylaw No , 2009 be introduced and read a first time. (4) Bylaw Waterworks Rates & Regulation Bylaw No , 1994, Amendment ( ) Bylaw No , 2009 be introduced and read a first time. (5) Bylaw No Official Community Plan Bylaw No. 590, 2005, Amendment (Secondary Suites) Bylaw No , 2009 be read a third time. Official Community Plan Bylaw No. 590, 2005, Amendment (Secondary Suites) Bylaw No , 2009 be adopted. (6) Bylaw No Land Use & Subdivision Bylaw No. 580, 1999 Amendment (Secondary Suites) Bylaw No , 2009 be read a third time as corrected striking Top or Roof and replacing it with Top of Roof. Land Use & Subdivision Bylaw No. 580, 1999 Amendment (Secondary Suites) Bylaw No , 2009 be adopted. Councillor Wilson MOVED and Councillor Becker SECONDED, THAT Council approves Policy , Planning Secondary Suites Grace Period. (7) Bylaw No Councillor Avis MOVED and Mayor Westbroek SECONDED, THAT the bylaw entitled Outdoor Burning Bylaw No. 601, Amendment (Outdoor Burning in the Village Neighbourhood) Bylaw No , 2009 be adopted. (8) Bylaw No Development Application Procedures and Fees Bylaw No. 605, 2007, Amendment (Schedule A) Bylaw No , 2009 be introduced and read a first time.

8 Page 8 of 8 (9) Bylaw No Cemetery Bylaw No. 610, 2007, Amendment (Fees) Bylaw No , 2009 be introduced and read a first time. (10) Bylaw No Miscellaneous Rates Bylaw No. 638, 2009, Amendment Bylaw No , 2009 be introduced and read a first time. (11) Bylaw No. 643 Building Bylaw No. 643, 2009 be read a third time as corrected on Schedule A page 26 of the bylaw, striking to a safe & unsightly condition and replacing it with to a condition that is safe and not unsightly. (12) Bylaw No. 647 Financial Plan Bylaw No. 647, 2009 be adopted. (13) Bylaw No. 649 Animal Control Bylaw No. 649, 2009 be introduced and read a first time. COMMENTS FROM THE GALLERY Peter Abley commented on whether a secondary suite needs a separate entrance and the timing of waiving the $200 building inspection fee. ADJOURNMENT Councillor Wilson MOVED and Councillor Avis SECONDED, THAT Council adjourns the meeting. Meeting adjourned: 9:56 p.m. Certified Correct: Trudy Coates, Corporate Administrator Teunis Westbroek, Mayor