ADOPTION OF THE AGENDA Council adopted, by unanimous consent, the January 11, 2010 Regular Council meeting agenda.

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1 Minutes of the Town of Qualicum Beach Regular Council Meeting held Monday, January 11, 2010, 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 Mary Brouilette Councillor Jack Wilson ALSO PRESENT: Staff: Mark Brown, Chief Administrative Officer (CAO) Darrell Kohse, Fire Chief Paul Butler, Director of Planning Luke Sales, Special Projects Planner Dick Stubbs, Consulting Building Inspector 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 January 11, 2010 Regular Council meeting agenda. APPROVAL OF THE MINUTES Council approved, by unanimous consent, the December 2, 2009 Special Council meeting minutes. Council approved, by unanimous consent, the December 7, 2009 Special Council meeting minutes. Council approved, by unanimous consent, the December 7, 2009 Regular Council meeting minutes. PUBLIC INPUT (1) Development Variance Permit 532 Memorial Ave. ( The Azures ) The Mayor called for members of the public to speak on the Development Variance Permit proposed for 532 Memorial Avenue. Darlene Blaeser, 144 Hoylake Road East, stated she is not opposed to the development, is opposed to the height variance and removal of poplar trees, and is concerned about the increase in traffic due to five entrances and exits and the possible change to Berwick Road across the railway track which will draw more traffic to the road. Dave Golson, 578 Memorial Avenue, expressed concern about: approving a variance for a structure with a height over 7.5 metres which will block his ocean view; removal of the poplar trees which provide colour (particularly if the trees are on public property and would be removed just to provide greater building area); the proposal to have only one entrance,; and insufficient parking which could result in people parking on the street. Don Reimer, 122 Crescent Road West, submitted a letter also signed by four neighbours, noted that they are not opposed to the development but are concerned with the height variance and traffic, particularly with the density proposed. He reviewed the recommendations that the driveway, as it is now, not be permitted, the Memorial Avenue and Crescent Road intersection be realigned, Berwick Road access has some positives and

2 Page 2 of 9 negatives, consider long term plans for Memorial Avenue and safety when walking or biking, conduct traffic studies to record volumes and speed, and acknowledged there are problems with the nature of the road, the slope, visibility, etc. Bill Kritch, 135 Sunningdale Road East, questioned whether a variance is required, noting the disconnect between what is shown in the plans and what is requested and, as an example, noted the north and east elevation drawings of buildings 3, 4 & 5, and suggested that in some cases a variance is not required as it does not exceed 7.5 m. Catherine Khan, 549 Memorial Avenue, a resident immediately opposite the development (her driveway is immediately opposite the driveway to the Beer and Wine Store), referenced her letter and photos in the agenda, and reiterated her concern with the volume and speed of traffic on Memorial Avenue and with the height of the proposed structure which will block the view. She recommended a smaller scale development similar to the one on Berwick Road. Mike Downes, 579 Memorial Avenue, expressed concern with the traffic hazards on Memorial Avenue, including speed and skateboarding, and the increased problems that will come with an additional 40 dwellings. Hubert Vogler, 543 Memorial Avenue, expressed concern that the proposed development is too large as it will: add 40 dwelling units to the 29 houses already in the block, and increase traffic and people. He stated his support for the comments of Mrs. Khan and D. Reimer. The Mayor noted the development proposed is smaller than the previous proposal which was approved two years ago for 47 dwelling units, a 13-room hotel, a beer and wine store and a lounge, and attracted no opposition but did not proceed. The new proposal has no hotel, liquor store or bar and fewer dwelling units. Beverly Barter, 132 Hoylake Road East, supported previous speakers and reiterated the concern about the height of the building, noting when she purchased her property 1 ½ years ago the realtor thought it would be a development with a single exit and made no mention of a height variance. Dawn Harrison, 529 Mashie Close, stated the reason they are so concerned is due to: what happened in Parksville and they do not want it to happen here, she has no confidence in the developer, and she is concerned that Council will settle for anything just to have the site developed. Jayne Tulli, 106 Hoylake Road East, noted they are recent residents (3 ½ weeks) and stated they are very upset they may face tall buildings right in front of their property. She acknowledged something needs to go in there but expressed concern about how it could change their idyllic location, and for increased traffic and parking along Hoylake Road E. Frank Horner, 400 First Avenue West, expressed concern about developers that present plans asking for variances and which are enormous, in this case almost 10 feet, and recommended, on a matter of principle, that these developers be required to retain their dimensions within the allowable limits and standards. He questioned allowing residential buildings on what has been a vacation resort site and recommended the Chamber of Commerce provide guidance.

3 Page 3 of 9 Mrs. Khan reported she did not express concern about the last development proposed as it appeared have expensive condos, with small floor space, which she thought that no one would buy, and no one did. No further members of the public indicated they wished to speak. BUSINESS ARISING FROM THE MINUTES (1) Michele Deakin, Mid Vancouver Island Habitat Enhancement Society, Delegation (7 Dec 09) Requesting Support for Nearshore Education Program Councillor Becker MOVED and Councillor Avis SECONDED, THAT Council enter into an agreement with the Mid Vancouver Island Habitat Enhancement Society (MVIHES) to provide for reimbursement of expenses of up to $1,000 to provide a Nearshore Education Program to include newspaper articles, press releases, presentations, a no cost room rental for a public workshop in Qualicum Beach, a brochure, a display and walking tours of the beaches; AND FURTHER THAT Council considers the recommendations of the Mid Vancouver Island Habitat Enhancement Society s Nearshore Study when reviewing the Official Community Plan. (2) Paul Kyba, North Qualicum Beach Homeowners Association, Delegation (7 Dec 09) requesting Permit Area designation for the Qualicum College site on College Road, in anticipation of a future rezoning application Councillor Avis MOVED and Councillor Wilson SECONDED, THAT Council directs staff to ensure there is an opportunity for public review of the development proposal for the Qualicum College Inn site in addition to statutory requirements for the proposed rezoning of the site, as outlined in the January 11, 2010 Planning memo to Council. DELEGATION (1) John Cormie, QB Farmers Market (10 Dec 09) provided an update on the Winter Market and requested (1) support and permission for the 2010 Winter Market to use the Community Hall at the lowest possible rental rate for each of the nine Saturdays from October 16 to December 11, 2010, inclusive, if possible; (2) support and permission for the Qualicum Beach Farmers Market to use the space in the Spirit Square and between the back of the Curling Rink and the Tennis Courts for additional vendor space for the Summer Market, which may require some adjustments to the fence adjacent to Veterans Way for customer access; and, (3) permission to use the old Fir Street location for the Market on the day that St. Mark s holds its Fair on Veterans Way in CORRESPONDENCE (1) Correspondence Log January 11, 2010 (2) Maureen Pearse, Sr. Mgr. Corporate Administration, Regional District of Nanaimo (24 Nov 09) requesting consent to the RDN Board adopting Bylaw No to include one property within the Surfside Sewer LSA Councillor Wilson MOVED and Councillor Becker SECONDED, THAT the Council of the Town of Qualicum Beach consents to the Regional District of Nanaimo Board s adoption of Northern Community Sewer Local Service Area Boundary Amendment Bylaw No , 2009 ; AND FURTHER THAT the Regional District be notified accordingly.

4 Page 4 of 9 (3) Barbara Westlake, Vice-chair South Fraser Family Court & Youth Justice Committee, Sub-Committee Chair Youth Recovery (21 Dec 09) requesting support for youth substance abuse treatment options Councillor Avis MOVED and Councillor Brouilette SECONDED, THAT Council send a letter to MLA Ron Cantelon, Attorney General Michael dejong, and Premier Gordon Campbell requesting that the BC Government re-open their discussions regarding treatment options for BC families whose child is struggling with substance abuse and is refusing voluntary detox/treatment programs. COMMITTEE & LIAISON REPORTS (1) General Government (Mayor Teunis Westbroek) Mayor Teunis Westbroek reported on last Saturday s Dry Grad Christmas Tree Pick-Up Fundraising Event, expressed appreciation to staff and Council for volunteering with the parents and grads, and recommended providing information in the Noteworthy, in advance of next year s event, so the public is aware that it is a fundraiser, including establishing a minimum $5 donation. (2) Planning & Community Events (Councillor Barry Avis) Councillor Barry Avis reported on the following: Family Day Committee seeking volunteers; call Marilyn Sims or Councillor Avis Provincial initiative to protect Coastal Douglas Fir on Crown Land along the Little Qualicum River. Councillor Avis gave notice of motion: THAT Council send a letter of support for the Provincial initiative to protect Coastal Douglas Fir on Crown Land along the Little Qualicum River. (3) Community Development (Councillor Mary Brouilette) Select Committee on Airport December 17, 2009 Recommendations Councillor Brouilette MOVED and Councillor Becker SECONDED, THAT Council initiate formal discussions with the Regional District of Nanaimo, City of Parksville and City of Port Alberni to provide funding for the Qualicum Beach Airport. Councillor Brouilette MOVED and Councillor Becker SECONDED, THAT more information be gathered and provided to the Select Committee on Airport as it relates to the Qualicum Beach Airport fee increases, including the expenditures over the next three years; AND FURTHER THAT Council instructs staff to provide more information to the Select Committee on Airport at their Special meeting scheduled for January 20, 2010 as it relates to the Qualicum Beach Airport fee increases, including the expenditures over the next three years. (4) Protective Services (Councillor Kent Becker) Councillor Kent Becker reported the Select Committee on Public Safety and Police Liaison Standing Committee meet soon, and confirmed he will relay the concerns expressed today regarding speeding and skateboarding on Memorial Avenue. (5) Parks & Recreation (Councillor Jack Wilson) Recreation & Parks Commission December 3, 2009 Recommendations Staff reported on the status of the archway plan into the Community Park at Second

5 Page 5 of 9 Avenue and Jones Street, noting Koers Engineering is preparing elevations and topographic pick-up to do the final design in relation to the positioning of the structure, and wood cut for the structure was stolen, however, new wood has been cut this week. In response to the recommendation to appoint a sub-group of the Recreation & Parks Commission to work on a vision for the Waterfront and Esplanade area for presentation to the Official Community Plan Committee, Council confirmed the OCP review process does not include an Official Community Plan Committee and that, just as was done with the Sustainability Plan process, that the members of the Recreation and Parks Commission as well as other members of Town committees and commissions, along with the citizens of the community as a whole, may participate in the Official Community Plan process in 2010/2011, including providing input on the vision for the Waterfront and Esplanade area. STAFF REPORTS (1) Corporate Administration (Trudy Coates, Corporate Administrator) (a) Announcement of Special Council Meeting Motions The Corporate Administrator announced the following motion from the January 11, 2010 Special Council meeting: THAT Council appoints Jack Maclean as the alternate member of the Select Committee on Environment representing the Brown Property Preservation Society. (b) Qualicum Beach Farmers Market Licence of Occupation Councillor Avis MOVED and Councillor Becker SECONDED, THAT Council grants permission to the Qualicum Beach Farmers Market to locate their Saturday, July 24, 2010 market on Fir Street from 7:00 a.m. to 1:00 p.m., subject to working with Town staff to finalize road closures, Special Event signage, and Special Event Permit to ensure Town requirements are met, including emergency services notification, traffic control, insurance, washrooms, litter and notification; AND FURTHER THAT Council authorizes an amendment to the February 9, 2009 Licence of Occupation between the Qualicum Beach Farmers Market and the Town of Qualicum Beach to expand the licence area ( the Land ) shown on Schedule A of the licence, to include the Spirit Square and the land between the Curling Rink and the Tennis Courts; AND FURTHER THAT Council grants permission to the Qualicum Beach Farmers Market to locate their Winter Farmers Market at the Community Hall from 9:00 a.m. to 1:00 p.m. on October 16 & 30, November 13 & 20, and December 4 & 11, 2010 at the prime-time/non-profit rental rate of $25 per hour. (2) Financial Administration (John Marsh, Financial Administrator) (a) Monthly Financial Report For Information (b) Dollymount Pathway/Nature Trail Councillor Wilson MOVED and Councillor Becker SECONDED, THAT Council authorizes staff to enter into an agreement with Sea Horse Services Inc. for construction of Dollymount Pathway/Trail for $217,058. (c) Monthly Fire Department Report For Information (d) Monthly Bylaw Compliance Report For Information

6 Page 6 of 9 (3) Planning (Paul Butler, Director of Planning) (a) Construction and Building Permit Monthly Report (b) Heritage Register Councillor Brouilette MOVED and Councillor Wilson SECONDED, THAT the ten heritage properties identified in the January 11, 2010 Planning memo to Council be added to the Town s Heritage Register; AND FURTHER THAT staff submit the heritage register records to the Province for inclusion in the BC Register of Historic Places and the Canadian Register of Historic Places. (c) Green Building Policy Councillor Avis MOVED and Councillor Brouilette SECONDED, THAT Council adopts the Green Building Policy No , as attached to the January 11, 2010 staff report, for the purpose of committing to a green building standard for the construction of future civic buildings; AND FURTHER THAT staff develop a green building checklist that will be distributed with building permit applications; AND FURTHER THAT staff develop an educational program for the promotion of green building practices within the Town of Qualicum Beach; AND FURTHER THAT staff develop a more rigorous green building policy following completion of the Sustainability Plan. (d) Development Permit & Development Variance Permit 532 Memorial Avenue The Director of Planning reviewed the development plans for The Azures and responded to questions from Council and the public. David Golson submitted a copy of his January 9, , with photos, sent to Council. Councillor Brouilette MOVED and Councillor Avis SECONDED, THAT Council refers consideration of issuance of a Development Permit and Development Variance Permit for 532 Memorial Avenue to the 7:00 p.m., February 8, 2010, Council meeting in the Council Chamber, for staff, the architect and the owners to address the issues raised at the January 11, 2010 Council meeting. Councillor Avis MOVED and Councillor Becker SECONDED, THAT Council directs staff to prepare a memorandum on 532 Memorial Avenue (Qualicum Beach Resort Hotel) Remedial Action pursuant to s. 73 & 74, Community Charter and the Property Maintenance Bylaw, for consideration at the January 20, 2010 Council meeting for consideration of scheduling a show cause hearing at the 7:00 p.m., February 8, 2010 Council meeting. (4) Public Works, Parks & Buildings (Allan Cameron, Superintendent) (a) Public Works, Parks & Buildings Monthly Report For Information (b) Communities In Bloom 2010 & 2011 Councillor Brouilette MOVED and Councillor Becker SECONDED, THAT Council directs staff to apply to participate in the Winner s Circle category of the Communities in Bloom Program without being evaluated for the 2010 calendar year; AND FURTHER THAT Council directs staff on behalf of the Communities In Bloom Committee to apply to participate in an evaluated program for 2011 to maintain our community s 5-bloom status.

7 Page 7 of 9 (c) Wayne Hamilton Traffic Signs and Trail Request Councillor Avis MOVED and Councillor Wilson SECONDED, THAT Council instructs staff to send a letter: thanking Wayne Hamilton for his December 2, 2009 requests to (1) install a stop sign at the driveway of the townhouse development at 810 Chestnut; (2) improve the slope and change the 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; providing a copy of the January 11, 2010 staff report; and, denying his signage requests and confirming that the Town will modify the cross fall of the Qualicum Beach Estates easement park trail into the Community Park and maintain the surface in accordance with the standards of the other community park trails. (5) Engineering & Utilities (Bob Weir, Director) (a) Traffic Light at Memorial Avenue and Fern Road Councillor Brouilette MOVED and Councillor Becker SECONDED, THAT Council of the Town of Qualicum Beach do not alter the current operation of the traffic signal at Fern Road and Memorial Avenue. BYLAWS (1) Bylaw No Councillor Wilson MOVED and Councillor Avis SECONDED, THAT the bylaw entitled Town of Qualicum Beach Sewer User Rates Bylaw No , Amendment ( ) Bylaw No , 2009 be read a second time as corrected in section 1(2) striking forming this and inserting forming part of this. Councillor Avis MOVED and Councillor Wilson SECONDED,THAT the bylaw entitled Town of Qualicum Beach Sewer User Rates Bylaw No , Amendment ( ) Bylaw No , 2009 be read a third time. (2) Bylaw No Councillor Avis MOVED and Councillor Brouilette SECONDED, THAT the bylaw entitled Town of Qualicum Beach Waterworks Rates & Regulation Bylaw No , 1994, Amendment ( ) Bylaw No , 2009 be read a second time. Councillor Wilson MOVED and Councillor Avis SECONDED, THAT the bylaw entitled Town of Qualicum Beach Waterworks Rates & Regulation Bylaw No , 1994, Amendment ( ) Bylaw No , 2009 be read a third time.

8 Page 8 of 9 (3) Bylaw No Councillor Becker MOVED and Councillor Brouilette SECONDED,THAT the bylaw entitled Town of Qualicum Beach Development Application Procedures and Fees Bylaw No. 605, 2007, Amendment (Schedule A) Bylaw No , 2009 be read a second time. Councillor Avis MOVED and Councillor Brouilette SECONDED,THAT the bylaw entitled Town of Qualicum Beach Development Application Procedures and Fees Bylaw No. 605, 2007, Amendment (Schedule A) Bylaw No , 2009 be read a third time. (4) Bylaw No Councillor Avis MOVED and Councillor Becker SECONDED, THAT the bylaw entitled Town of Qualicum Beach Cemetery Bylaw No. 610, 2007, Amendment (Fees) Bylaw No , 2009 be read a second time. Councillor Becker MOVED and Councillor Avis SECONDED, THAT the bylaw entitled Town of Qualicum Beach Cemetery Bylaw No. 610, 2007, Amendment (Fees) Bylaw No , 2009 be read a third time. (5) Bylaw No Councillor Avis MOVED and Councillor Brouilette SECONDED, THAT the bylaw entitled Town of Qualicum Beach Miscellaneous Rates Bylaw No. 638, 2009, Amendment Bylaw No , 2009 be read a second time. Councillor Becker MOVED and Councillor Avis SECONDED, THAT the bylaw entitled Town of Qualicum Beach Miscellaneous Rates Bylaw No. 638, 2009, Amendment Bylaw No , 2009 be read a third time. (6) Bylaw No. 643 Councillor Avis MOVED and Councillor Becker SECONDED, THAT the bylaw entitled Town of Qualicum Beach Building Bylaw No. 643, 2009 be adopted. COMMENTS FROM THE GALLERY Neil Horner commented on the Qualicum Beach Airport funding. Dave Golson commented on parking in the proposed 532 Memorial Avenue development. Zweitse Dewit commented on the 532 Memorial Avenue development height required to provide form and character. Marilyn Newell, 120 Hoylake Road East, noted the height proposed for 532 Memorial Avenue will block her view and questioned the length of time required for the project to be completed. Moby Amarsi, 1336 Pintail Drive, suggested the project would take 18 months to 2 years to complete, depending on the market and noted the Official Community Plan acknowledges that, due to topography, there will be height issues and applications.

9 Page 9 of 9 Scott Tanner commented on Councillor Avis Notice of Motion regarding protection of the Douglas Fir ecosystem in five areas and encouraged Council to support the government s initiative. Sara Golson, 578 Memorial Avenue, commented on whether the one exit to 532 Memorial Avenue would allow left hand and right hand turns. ADJOURNMENT Councillor Wilson MOVED and Councillor Brouilette SECONDED, THAT Council adjourns the meeting. Meeting adjourned: 9:07 p.m. Certified Correct: Trudy Coates, Corporate Administrator Teunis Westbroek, Mayor