agenda regular meeting of municipal council

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APPROVAL OF AGENDA Approval of the Regular Council agenda of September 6, 2011. ADOPTION OF MINUTES Adoption of the Regular Council minutes, Workshop minutes and Public Hearing minutes of August 23, 2011. PUBLIC QUESTION AND ANSWER PERIOD PRESENTATIONS/DELEGATIONS Air Quality Management: Provincial and Local Perspectives. A presentation by Mark Scott and Vince Metcalf, Compliance Officers with the Ministry of Forests, Lands and Natural Resource Operations regarding Air Quality Management: Provincial and Local Perspectives. MAYOR’S REPORT ADMINISTRATIVE REPORTS Note Against Title That Building Regulations Contravened 8054 Parkwood Drive Report No. 11-054 File No. RF000108/ 3032.17 That Council acknowledge the recommendation of the Building Inspector that a notice on title be registered pursuant to Section 57 (1)(b) of the Community Charter; and That Council direct the Corporate Officer to file a notice in the land title office stating that: (a) a resolution relating to the Land has been made under this section, and (b) further information about it may be inspected at the municipal hall. AGENDA REGULAR MEETING OF MUNICIPAL COUNCIL TUESDAY, SEPTEMBER 6, 2011, STARTING AT 5:30 PM In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place 4335 Blackcomb Way, Whistler, BC V0N 1B4

Transcript of agenda regular meeting of municipal council

APPROVAL OF AGENDA

Approval of the Regular Council agenda of September 6, 2011.

ADOPTION OF MINUTES

Adoption of the Regular Council minutes, Workshop minutes and Public Hearing minutes of August 23, 2011.

PUBLIC QUESTION AND ANSWER PERIOD

PRESENTATIONS/DELEGATIONS

Air Quality Management: Provincial and Local Perspectives.

A presentation by Mark Scott and Vince Metcalf, Compliance Officers with the Ministry of Forests, Lands and Natural Resource Operations regarding Air Quality Management: Provincial and Local Perspectives.

MAYOR’S REPORT

ADMINISTRATIVE REPORTS

Note Against Title That Building Regulations Contravened – 8054 Parkwood Drive Report No. 11-054 File No. RF000108/ 3032.17

That Council acknowledge the recommendation of the Building Inspector that a notice on title be registered pursuant to Section 57 (1)(b) of the Community Charter; and That Council direct the Corporate Officer to file a notice in the land title office stating that:

(a) a resolution relating to the Land has been made under this section, and

(b) further information about it may be inspected at the municipal hall.

A G E N D A R E G U L A R M E E T I N G O F M U N I C I P A L C O U N C I L

T U E S D A Y , S E P T E M B E R 6 , 2 0 1 1 , S T A R T I N G A T 5 : 3 0 P M

In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place 4335 Blackcomb Way, Whistler, BC V0N 1B4

Regular Council Meeting Agenda September 6, 2011 Page 2

Whistler Transit Service Review Report No. 11-098 File No. 538, 537

That Council approve the Whistler Transit System reconfiguration as outlined in the Council Report entitled “Whistler Transit System Service Review” (Administrative Report 11-052) presented to Council on May 17, 2011, a copy of-which is attached as Appendix A, with the following operational changes, additions and deletions to the service elements therein:

Operational changes: o Re-route the #1-Valley Connector southbound through Whistler Village

via Blackcomb Way/Village Gate Boulevard o Remove Drifter Way portion of #1-Valley Connector route in Alpine

Meadows non-winter o Route #2-Cheakamus Express now has a terminus of Cheakamus

instead of Tamarisk o Reduce service to Tamarisk to provide service to Spring Creek and

more service to Cheakamus Crossing o Future Upper Nordic Shuttle route would be extended from Tamarisk to

service part of Alta Lake Road

Additions: o Spring Creek neighbourhood will be serviced southbound only on select

trips o Route #2-Cheakamus Express bus will operate year-round on select

trips o Route #3-Rainbow/Emerald will operate year-round on select trips o Increase service from 60 minutes to 30 minute frequencies for the

Rainbow neighbourhood o Route #5-Marketplace Shuttle has expanded service hours in winter o Route #33-Lost Lake Shuttle has been re-introduced from Canada Day

through Labour Day o Restore service daily from 2-3AM

Deletions: o The proposed new #10-Spruce Grove service has been deleted in

favour of providing the #3-Rainbow/Emerald on select trips

BYLAWS FOR THIRD READING

Zoning Amendment Bylaw (8110 Crazy Canuck Drive) No. 1981, 2011

The purpose of Zoning Amendment Bylaw (8110 Crazy Canuck Drive) No. 1981, 2011 is to amend the CD1 (Comprehensive Development One) zone to increase the maximum GFA (Gross Floor Area) from 115 m2 to 223 m2 and to increase the Floor Space Ratio from 0.05 to 0.1 for the proposed convenience store/service station building on the subject lands.

BYLAWS FOR ADOPTION

Housing Agreement Bylaw No. 1982, 2011

The purpose of Housing Agreement Bylaw No. 1982, 2011 is to authorize the Municipality to enter into a housing agreement for a resident restricted housing lot as part of Development Permit Application DP1193 and subdivision file.

Regular Council Meeting Agenda September 6, 2011 Page 3

CORRESPONDENCE

Asphalt Plant Complaint File No. 714

Correspondence from Elizabeth Harris dated August 30, 2011 regarding the smell from the asphalt plant.

Walking and Biking Path on Fitzsimmons Creek Dike File No. 516

Correspondence from Cathy Dixon and Paul Flanagan dated August 26, 2011 regarding opposition to a public cycling and walking path along the Fitzsimmons Creek Dike.

Opening the Berm on the Fitzsimmons File No. 516

Correspondence from Marcia Meszaros dated August 24, 2011 regarding opening the berm from Fitzsimmons Road South to Fitzsimmons Road North.

Proposed changes to the Whistler Offical Community Plan File No. 10601

Correspondence from Tom and Brigitte Sooke dated August 19, 2011 regarding proposed changes to the TA section of the OCP and effects for Phase 1 accomodations.

Official Community Plan Process and PAN File No. 10601

Correspondence from Gibby Jacob, Chief of Squamish Nation, and Lucinda Phillips, Chief of Lil'wat Nation, dated August 23, 2011 regarding First Nation interests on Crown land areas, and requesting postponement of further consideration of the draft Official Community Plan.

Whistler's Official Community Plan File No. 10601

Correspondence from John and Magaretha Shed dated August 18, 2011 dated August 19, 2011 regarding porposed changes to Phase 1 property owners.

Squamish-Whistler Commuter Bus File No. 527.8

Correspondence from Avtar Gidda, Secretary of Squamish Sikh Society, dated August 24, 2011 requesting a decision to continue the commuter bus service between Squamish and Whistler beyond the end of September 2011 and that employee input be considered.

Invitation to meet with BC Ambulance Service File No. 3009

Correspondence from Les Fisher, Chief Operating Officer, and Carl Roy, Executive Officer for the Emergency and Health Services Commission, dated August 19, 2011 regarding an invitation for a meeting with BC Ambulance Service at the Union of BC Municipalities (UBCM) Convention, in Vancouver on September 28 and 29, 2011.

Mechanical Insulation File No. 2014

Correspondence from Lee Loftus, Business Manager of International Association of Heat and Frost Insulators and Allied Workers Union Local 118, dated August 24, 2011 requesting support for a resolution regarding mechnaical insulation at the Union of BC Municipalities Convention in September 2011.

Smart Meters File No. 2014

Correspondence from David Black, President of Canadian Office and Professional Employees Union Local 378, dated August 17, 2011 regarding Smart Meters.

Regular Council Meeting Agenda September 6, 2011 Page 4

Feral Cats File No. 3009

Correspondence from Lana Simon, Director of Pacific Animal Foundation, dated August 21, 2011 regarding Trap/Neuter/Return (TNR) programs for feral cats.

Waste Reduction Week File No. 3009.1

Correspondence from the Recycling Council of British Columbia dated August 26, 2011 requesting October 17-23, 2011 be proclaimed as Waste Reduction Week.

Restorative Justice Week 2011 File No. 3009.1

Correspondence from Don Head, Commissioner of Correctional Service Canada, dated August 24, 2011 requesting that November 13th-20th be proclaimed as Restorative Justice Week.

ADJOURNMENT

PRESENT:

Mayor K. Melamed Councillors: R. Forsyth, G. Lamont, T. Milner, C. Quinlan, T. Thomson,

E. Zeidler Acting Chief Administrative Officer, B. MacPherson Acting General Manager of Community Life, R. Weetman General Manager of Environmental Services, H. Kim General Manager of Resort Experience, J. Jansen General Manager of Economic Viability, L. Landry Director of Human Resources, D. Wood Corporate Officer L. Miller Manager of Communications, M. Comeau Manager of Legal Services & Special Projects, S. Fugman Manager of Community Planning, B. Brown Strategic Energy & Emissions Manager, T. Battiston Transit Demand Management Coordinator, E. DalSanto Communications Officer, A. Totten Recording Secretary, A. Winkle

APPROVAL OF AGENDA

Moved by Councillor C. Quinlan Seconded by Councillor R. Forsyth That Council approve the Regular Council agenda of August 23, 2011, with the addition of two items of Other Business from Councillor C. Quinlan and one question regarding concert decibel levels from Councillor R. Forsyth.

CARRIED

ADOPTION OF MINUTES

Moved by Councillor E. Zeidler Seconded by Councillor T. Thomson That Council adopt the Regular Council minutes of July 19, 2011.

CARRIED

M I N U T E S R E G U L A R M E E T I N G O F M U N I C I P A L C O U N C I L T U E S D A Y , A U G U S T 2 3 , 2 0 1 1 , S T A R T I N G A T 5 : 3 0 P M

In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place 4335 Blackcomb Way, Whistler, BC V0N 1B4

MINUTES Regular Council Meeting August 23, 2011 Page 2

PUBLIC QUESTION AND ANSWER PERIOD

Joseph Farsang, 13-1380 Cloudburst Drive asked about Council being under advisement not to talk about Alpine Paving.

Mayor Melamed responded that is correct, they are under advisement of legal counsel, and it is common practice when legal actions are under way. Mr. Farsang asked if they have legal advice not to go to Cheakamus Crossing. Mayor Melamed responded that they have been to Cheakamus Crossing. Mr. Farsang asked about Council‘s awareness of Mr. Silvari‘s plan to blast the ridge the day after tomorrow. Mayor Melamed responded they are not aware. Mr. Farsang asked if people would be informed about the quarry activity near the trails and hillside. Mayor Melamed responded that they will take it as a suggestion to have staff look into it and notify residents of any blasting. Kenneth Harper, 6141 Eagle Drive, asked about the commercial vehicle policy, commented that he received a ticket as a pizza delivery driver, and asked to have exceptions made for in those circumstances. Mayor Melamed clarified that Mr. Harper is asking Council to review policies for food deliveries, and commented that Council tries to make policies that are fair across the board. He invited Mr. Harper to come meet with him. Doug Player, 420-4809 Spearhead Drive, asked about the availability of a report regarding universities in Whistler and the cost of the report. Councillor C. Quinlan responded that the report is anticipated for the September 20th meeting of Council. Mayor Melamed responded the cost is approximately $70,000.

PRESENTATIONS/DELEGATIONS

Squamish Commuter A presentation was given by Avtar Gidda, Secretary for the Squamish Sikh Society regarding funding for the Squamish – Whistler Commuter Service.

MAYOR’S REPORT

Mayor Melamed reminded the community that Mike Furey has been hired as our new Chief Administrative Officer and is expected to start on September 12. A process has been set up for him to meet members of the organization and community. He was most recently Assistant Deputy Minister with the Ministry of Community, Sports and Cultural Development for the Province of British Columbia, Mike brings extensive senior executive experience with both the Province and the Government of Canada. Mike has strong experience in change and fiscal management, and solving complex issues and a background working with First Nations and land use. He brings in-depth knowledge regarding the policy, infrastructure and financial structures of municipal operations. Mr. Furey will be in attendance for the second Council meeting in September. Mayor Melamed reported the official opening of the pavilion in Whistler Olympic Plaza will be Saturday, August 27. He invited the Whistler community to join us in

MINUTES Regular Council Meeting August 23, 2011 Page 3

celebrating the completion. There will be performances by Sam Roberts Band and Kathleen Edwards. The festivities will continue into Sunday afternoon from 1 to 6 p.m., with a community-focused rock ‗n‘ roll picnic featuring local musicians and entertainers as part of the Whistler Presents summer program. He recognized that this project would not have been possible without the contributions of our partners—the Province of British Columbia and the Government of Canada. He recognized the excellent work of the community task force, the community input into the project throughout the process, and recognized staff for creating and realizing the vision and dream. Mayor Melamed reported that Council has appointed Ian Lowe for a two-year term as the accommodation sector representative on the Liquor License Advisory Committee. Mayor Melamed read the following statement regarding Whistler Aggregates to provide a quick overview of the situation: Following more than a year of extensive discussion and debate about the presence and zoning of the Whistler Aggregates asphalt plant in Whistler, Whistler Council issued an order to Whistler Aggregates to cease and desist operating the plant by May 13, 2011. The plant has been operating intermittently since that time and the RMOW has been monitoring activity and logging comments from the public. In April 2011, Council instructed the municipality’s solicitors to serve the asphalt plant operators with Court documents to get the enforcement of the zoning bylaw before the British Columbia Supreme Court. Council elected to proceed with a Petition and affidavits to apply to Court for a declaration that the asphalt production use contravenes the zoning bylaw and, if successful, that the use be ordered to cease. This direction was quicker than setting the matter down for trial for a permanent injunction. The Petition dates have been set by the courts for November 21-22, 2011. It should be noted that the Mayor, Councillors and municipal staff cannot force the operator to shut down until such time that the Petition is heard in Court. If after the petition is heard, the Court orders the plant to cease operating, the operator must comply failing which it would be in contempt of court and subject to enforcement under the Court processes. As with any legal matter, the Mayor, Councillors and municipal staff may not comment publicly until the Court has pronounced on the matter. RMOW staff will continue to log comments and complaints from the public about the asphalt plant and quarry operations (located at the same site). Any comments about the quarry operations, such as the mining, trucks and associated activity, are being shared with the Ministry of Energy and Mines as quarries fall within their jurisdiction. Mayor Melamed reported the RMOW recently received $5,000 from the Province of British Columbia to support filming, with a purpose to help attract and provide services for regional film production. The Ministry of Community, Sport and Cultural Development distributed the funding to regional film commissions, as well as specific tourism associations and municipalities that work closely with the BC Film Commission with an interest to showcase and promote their regions to filmmakers and liaise with film production companies. Whistler has been the host film location for many films and Mayor Melamed welcomed the funding for that purpose.

MINUTES Regular Council Meeting August 23, 2011 Page 4

Mayor Melamed reported that work is expected to begin at Bayly Park at Cheakamus Crossing this fall. On August 3, the RMOW held a public open house where neighbours and the community came out to learn about park development plans, budget and schedule. The feedback received to date has generally been positive. Bayly Park site sits overtop of Whistler‘s former municipal landfill. The landfill was closed in 2006 as part of development of the 2010 Games Athletes Village, now Cheakamus Crossing. Earlier this year Municipal Council directed staff to develop a ―right sized‖ neighbourhood park for the site, where the remaining lands would be held in reserve for future park needs. This spring, Council approved a conceptual park development plan and all-inclusive budget of $1,470,000. Residents can expect to start using the park next summer. Mayor Melamed announced a collaborative effort with the Resort Municipality of Whistler and the Whistler Children‘s Centre (WCC) to pilot out-of-school care programs for families with children starting kindergarten this fall. The RMOW has created a full-day program for non-instructional school days called Kinder Dayz for kindergarten children only. In addition, WCC will offer Kinder Care as a new after-school program that will operate from the end of the school day until 6 p.m. on regular school days. The RMOW and WCC will offer these services as a pilot project for the upcoming school year. This is the first school year for mandated full-day kindergarten. Through these programs, we hope to help meet the out-of-school needs of our community.

Mayor Melamed announced the launch of the Banners to Bags initiative as part of Whistler‘s commitment to our Whistler2020 zero waste goal and community cultural development. Banners to Bags turns retired banners into reusable bags. The initiative breathes new life into banners that have been used to display the artistic creativity in our resort community. The bags were sewn individually here in Whistler and are available through the Whistler Community Services Society. Proceeds support the Whistler Food Bank and the Municipal Art Fund. The limited edition bags can be accessed from the WCSS volunteers in the Farmers‘ Market, available on Sundays and Wednesdays for just $12. On behalf of Council and the Resort Municipality of Whistler, Mayor Melamed expressed condolences to the family of Jack Layton on the tragic loss of a great Canadian leader. At 6:00 p.m. Public Hearings were held for Zoning Amendment Bylaw (1205 Mount Fee Road) No. 1977, 2011 and Zoning Amendment Bylaw (8110 Crazy Canuck Drive) No. 1981, 2011. At 6:56 p.m. the meeting resumed.

MINUTES Regular Council Meeting August 23, 2011 Page 5

INFORMATION REPORTS

Whistler Energy Consumption & Greenhouse Gas Performance Trends – 2010 Annual Report Report No. 11-088 File No. 10500

Moved by Councillor T. Thomson Seconded by Councillor E. Zeidler That Council receive ―Whistler Energy Consumption and Greenhouse Gas Performance Trends – 2010 Annual Report‖, as attached to Information Report No. 11-088.

CARRIED

Second Quarter Report to Council Report No. 11-089 File No. 4572

Moved by Councillor E. Zeidler Seconded by Councillor T. Thomson That Council receive the information setting out departmental operating budget variances for the second quarter ending June 30, 2011.

CARRIED

ADMINISTRATIVE REPORTS

DP 1206 -1545 Tynebridge Court Report No. 11-090 File No. DP 1206

Moved by Councillor R. Forsyth Seconded by Councillor T. Milner That Council approve Development Permit Application 1206 and authorize staff to issue a Development Permit for Strata Lot 9, District Lot 7924, Strata Plan BCS161, New Westminster District (1545 Tynebridge Court) subject to fulfillment of the following conditions:

1) Erection of a fence around the perimeter of the ―Tree Preservation Area‖ and the ―Streamside Protection Area‖ to the satisfaction of the General Manger of Community Life or his designate.

2) Notification from the Province of British Columbia that a Riparian Area Assessment for the subject property has been submitted to the province and the municipality by a ―Qualified Environmental Professional‖.

3) Payment of any outstanding development permit processing fees.

That Council authorize the Mayor and the Corporate Officer to execute the required documents in conjunction with this permit.

CARRIED

MINUTES Regular Council Meeting August 23, 2011 Page 6

Housing Agreement Bylaw - 8117 Cedar Springs Road Report No. 11-097 File No. SA.11.03

Moved by Councillor C. Quinlan Seconded by Councillor T. Milner That Council consider giving first, second and third readings to Housing Agreement Bylaw No. 1982, 2011; and further, That Council authorize the Mayor and the Corporate Officer to execute the required documents in conjunction with Housing Agreement Bylaw No. 1982, 2011. Opposed: Councillor T. Thomson

CARRIED

Crabapple Creek Bridge Replacement Report No. 11-091 File No. 8746.07

Moved by Councillor C. Quinlan Seconded by Councillor T. Milner That Council direct staff to amend the Five-Year Financial Plan 2011-2015 Bylaw No. 1963, 2011 to provide for the replacement of the Crabapple Creek bridge in the amount of $ 50,000 in 2011, funded by a change in the timing of the Lost Lake North Bridge Replacement.

CARRIED

Pedestrian Access – Fitzsimmons Creek Berm Report No. 11-092 File No. 516

Moved by Councillor E. Zeidler Seconded by Councillor T. Thomson That Council instruct staff to implement the process described in the ―Community Engagement and Consultation‖ section of the Administrative Report No. 11-092, entitled ―Pedestrian Access – Fitzsimmons Creek Berm‖ with the addition of an opportunity for the public to come to the lecturn at a regularly convened council meeting, and return to Council with the consultation results, as soon as practical.

CARRIED

Cheakamus Crossing – Commercial Strata Lots Release of Housing Covenant Report No. 11-093 File No. RA453

Moved by Councillor G. Lamont Seconded by Councillor C. Quinlan That the Mayor and Corporate Officer be authorized to execute a Release of Housing Covenant BA311775 (the ―Housing Covenant‖) registered in favour of the Resort Municipality of Whistler (―RMOW‖) from title to the six commercial strata lots owned by Cheakamus Leasing Corp. located at 1040 Legacy Way and legally described as Strata Lots 34 – 39, all of Strata Plan EPS24, District Lot 8073, Group 1, NWD (the ―Commercial Strata Lots‖).

CARRIED

MINUTES Regular Council Meeting August 23, 2011 Page 7

Athlete‘s Village Construction Financing - Interim Loan Extension Report No. 11-094 File No. Bylaws 1893, 1885

Moved by Councillor T. Milner Seconded by Councillor C. Quinlan That Council authorize staff to finalize negotiations with Municipal Finance Authority (―MFA‖) to amend the terms of the $100,000,000 interim loan (the ―Loan‖) from MFA made for the purposes of construction by Whistler 2020 Development Corp. (―WDC‖) of the Cheakamus Crossing Athlete‘s Village, substantially in accordance with the Term Sheet attached to Administrative Report No. 11-094 as Appendix A; and

That Council authorize the Mayor and Corporate Officer to execute and deliver an Amending Agreement and such other documentation required by MFA to extend the term of the Loan, substantially in accordance with the terms of Appendix A.

CARRIED

Whistler Village Land Co. Ltd. Annual Report Report No. 11-095 File No. Vault/4256

Moved by Councillor C. Quinlan Seconded by Councillor T. Thomson That the Council of the Resort Municipality of Whistler in open meeting assembled, hereby resolves that the Municipality, as sole shareholders of the Whistler Village Land Co. Ltd. pass the consent resolutions of the shareholders of the Whistler Village Land Co. Ltd. and that the Mayor and Corporate Officer execute and deliver the resolutions on behalf of the Municipality.

CARRIED

POLICY REPORTS

Council Remuneration Report No. 11-096 File No. 3009.5

Moved by Councillor C. Quinlan Seconded by Councillor T. Thomson That Council amend the Council Remuneration Policy A-30 to change the effective date of the remuneration from July 1st of each election year to January 1st of each new election term; and That Council amend the Council Remuneration Policy A-30 to adjust the six Metro Vancouver municipality comparison groups from the City of North Vancouver, District of North Vancouver, City of New Westminster, Corporation District of Delta, District of West Vancouver and City of Coquitlam; to the City of North Vancouver, City of Port Moody, City White Rock, District of Maple Ridge, City of Langley and City of Port Coquitlam. Opposed: Councillor E. Zeidler

CARRIED

7:48 p.m. Councillor T. Milner left the meeting.

MINUTES Regular Council Meeting August 23, 2011 Page 8

MINUTES OF COMMITTEES AND COMMISSIONS

Advisory Design Panel Moved by Councillor E. Zeidler Seconded by Councillor G. Lamont That the minutes of the Advisory Design Panel meeting of June 15, 2011 be received.

CARRIED

BYLAWS FOR FIRST, SECOND AND THIRD READINGS

Housing Agreement Bylaw No. 1982, 2011

Moved by Councillor C. Quinlan Seconded by Councillor R. Forsyth That Housing Agreement Bylaw No. 1982, 2011 receive first, second and third readings.

CARRIED

BYLAWS FOR THIRD READING

Zoning Amendment Bylaw (1205 Mount Fee Road) No. 1977, 2011

Moved by Councillor E. Zeidler Seconded by Councillor G. Lamont That Zoning Amendment Bylaw (1205 Mount Fee Road) No. 1977, 2011 receive third reading.

CARRIED

Zoning Amendment Bylaw (8110 Crazy Canuck Drive) No. 1981, 2011

No action was taken regarding Zoning Amendment Bylaw (8110 Crazy Canuck Drive) No. 1981, 2011. 4:51 p.m. Councillor Milner returned.

OTHER BUSINESS

Corporate Officer and Chief Election Officer Appointments

Moved by Councillor T. Thomson Seconded by Councillor G. Lamont That Lonny Miller be appointed as Corporate Officer.

CARRIED Moved by Councillor R. Forsyth Seconded by Councillor C. Quinlan That pursuant to Section 41(1) and (2) of the Local Government Act Lonny Miller be appointed Chief Election Officer for conducting the 2011 general local elections with power to appoint other election officials as required for the administration and conduct of the 2011 general local elections.

CARRIED

MINUTES Regular Council Meeting August 23, 2011 Page 9

Special Occasion Licenses

Moved by Councillor C. Quinlan Seconded by Councillor G. Lamont That Council appeal to the provincial government, specifically the Minister of the Solicitor General and other relevant ministries including, the Ministry of Community and Rural Development, The Minister of Tourism and the Premier's Office to ask the Ministers to review the decision by the LLCB regarding the SOL "Stadium Licensing" for Jazz on the Mountain at Whistler and continue a review of the SOL licensing regulations for similar events in Whistler. Opposed: Councillor E. Zeidler, Councillor G. Lamont

CARRIED

Use of Engine Breaks Councillor C. Quinlan asked why there are not signs asking drivers to not use engine breaks in residential areas for the road going into the quarry, as there are on Glacier Lane. Mr. MacPherson responded staff could follow up on signing options.

Concert Noise for White Gold Residents

Councillor R. Forsyth asked about noise levels in White Gold from recent concerts and if the noise will be mitigated by the opening of the new pavilion in Whistler Olympic Plaza. Mr. Jansen responded that complaints have declined since the first summer concert and that staff believe the noise issues will improved with the opening of the pavilion.

CORRESPONDENCE

Whistler BioBlitz 2011 File No. 3009

Moved by Councillor E. Zeidler Seconded by Councillor T. Thomson That correspondence thanking Council for their support of BioBlitz 2011 be received.

CARRIED

Squamish-Whistler Commuter Bus File No. 527.8

Moved by Councillor E. Zeidler Seconded by Councillor T. Milner That correspondence from Avtar Gidda, Secretary for the Squamish Sikh Society, requesting funding be restored for the Squamish-Whistler commuter bus service be received and referred to staff to respond, thanking the author for the petition and their contribution to the resort‘s success, making corrections to some financial information made during the presentation at this meeting, and acknowledging considerable budgetary challenges as outlined in a previous staff report on the Squamish Commuter.

CARRIED

MINUTES Regular Council Meeting August 23, 2011 Page 10

Municipal Taxes and Postal Strike File No. 4560

Moved by Councillor R. Forsyth Seconded by Councillor E. Zeidler That correspondence from Michael J. Bishop suggesting the municipality appeal to the province for an amnesty for late payments of municipal taxes due to the postal strike be received and referred to staff to respond, acknowledging that we are following up with the province and that municipalities do not have any say in the matter. That a letter be sent to the Province on behalf of Council asking for amnesty and reconsideration of late charges for municipal taxes due to the postal strike.

CARRIED

Pay Parking File No. 4710

Moved by Councillor C. Quinlan Seconded by Councillor T. Milner That correspondence from John Wood regarding pay parking in Whistler be received.

CARRIED

Dumping in Rainbow Neighbourhood File No. 7002.10

Moved by Councillor R. Forsyth Seconded by Councillor E. Zeidler That correspondence from Kerry Duff regarding dumping and truck traffic in the Rainbow neighbourhood be received and referred to staff.

CARRIED

Awarding Commercial Space File No. 3009

Moved by Councillor T. Thomson Seconded by Councillor G. Lamont That correspondence from Gail Morrison regarding commercial space in the Athletes‘ Village be received.

CARRIED

Smell in Cheakamus Crossing File No. 714

Moved by Councillor T. Milner Seconded by Councillor R. Forsyth That correspondence from Seb Fremont regarding the smell of asphalt in Cheakamus Crossing be received.

CARRIED

Asphalt Plant Regulation File No. 8227, 9040, 804.4

Moved by Councillor T. Milner Seconded by Councillor C. Quinlan That correspondence from Terry Lake, Minister of Ministry of Environment, regarding asphalt plant regulation and heavy-duty vehicle emission standards be received.

CARRIED

MINUTES Regular Council Meeting August 23, 2011 Page 11

BC Hydro at 2011 UBCM Convention File No. 2014

Moved by Councillor R. Forsyth Seconded by Councillor C. Quinlan That correspondence from Arlene Shwetz, Manager, Community Relations for BC Hydro, regarding the 2011 UBCM Convention in Vancouver be received.

CARRIED

Voting by Residents Living on Indian Reserves File No. 2055.2

Moved by Councillor R. Forsyth Seconded by Councillor T. Milner That correspondence from Ralph Drew, Chair of Lower Mainland Treaty Advisory Committee, requesting review and comments on the discussion paper: Voting in Local Government Elections and Referrenda by Residents Living on Indian Reserves be received and a letter of support be sent.

CARRIED

MSP Premiums for Seniors File No. 2014

Moved by Councillor R. Forsyth Seconded by Councillor T. Thomson That correspondence from Fred J. Coates, Provincial President for the British Columbia Old Age Pensioners' Organization, requesting support of a resolution at the September 2011 Annual General Meeting of the Union of BC Municipalities for the elimination of the MSP premiums for BC seniors be received.

CARRIED

Burnaby's Social Sustainability Strategy File No. 3009

Moved by Councillor T. Thomson Seconded by Councillor E. Zeidler That correspondence from Derek R. Corrigan, Mayor of City of Burnaby, regarding the City of Burnaby's Social Sustainability Strategy be received and forward to staff for their review.

CARRIED

Whistler's Official Community Plan File No. 10601

Moved by Councillor C. Quinlan Seconded by Councillor T. Milner That correspondence from Robert J. Lesperance, Chair of Arrowhead Point Strata Council, regarding Phase 1 residential property owners and the Official Community Plan be received and Mike Vance‘s letter be sent to the Arrowhead Point Strata Council.

Whistler Official Community Plan File No. 10601

That correspondence from Elaine and Andy Butterfield regarding the Official Community Plan be received.

Phase 1 Properties File No. 10601

That correspondence from John and Jemma Nicholson regarding proposed changes to bylaws regarding Phase One property be received.

MINUTES Regular Council Meeting August 23, 2011 Page 12

Official Community Plan File No. 10601

That correspondence from Robert Vyse regarding the Official Community Plan and proposed changes be received.

Official Community Plan File No. 10601

That correspondence from David Perella regarding the Official Community Plan and proposed changes be received.

Official Community Plan Sections 4 and 5 File No. 10601

That correspondence from Randy and Jacqueline Smith regarding the proposed Official Community Plan, Sections 4 and 5 be received.

Official Community Plan Sections 4 and 5 File No. 10601

That correspondence from Esa-Jane Rapaport regarding the proposed Official Community Plan, Sections 4 and 5 be received.

Official Community Plan Sections 4 and 5 File No. 10601

That correspondence from Frauke Wenzel and Michael Briscoe regarding the proposed Official Community Plan, Sections 4 and 5 be received.

Official Community Plan Sections 4 and 5 File No. 10601

That correspondence from Dr. Philip Kelly regarding the proposed Official Community Plan be received.

CARRIED

Green Municipal Fund Study Grant Agreement File No. 9003

Moved by Councillor T. Thomson Seconded by Councillor G. Lamont That correspondence from Brock Carlton, Chief Executive Officer of Federation of Canadian Municipalities, regarding the payment for the first contribution of the Green Municipal Fund Study Grant Agreement for the project Quick Start ICSP BC be received and a letter of thanks be sent.

CARRIED

Gas Tax Agreement Community Works Fund Payment File No. 2014

Moved by Councillor E. Zeidler Seconded by Councillor T. Thomson That correspondence from Barbara Steele, President of Union of British Columbia Municipalities, regarding the first two Community Works Fund payments for fiscal 2011, pursuant to the Agreement on the Transfer of Federal Gas Tax Revenues be received and a letter of thanks be sent.

CARRIED

Municipal Auditor General Survey File No. 9120

Moved by Councillor T. Milner Seconded by Councillor C. Quinlan That correspondence from Ida Chong, Minister of Ministry of Community, Sport and Cultural Development, requesting that the Municipal Auditor General Survey be completed and returned be received and referred to staff for recommendation on a position.

CARRIED

MINUTES Regular Council Meeting August 23, 2011 Page 13

Banning Use of Pesticides in BC File No. 3009

Moved by Councillor C. Quinlan Seconded by Councillor T. Milner That correspondence from Britt Kalstrom, Public Outreach Specialist of Canadian Cancer Society, requesting a letter of support to banning the use and sale of cosmetic chemical pesticides for lawns and gardens in BC be received and a letter of support be sent.

CARRIED

Vitamin D Day File No. 3009.1

Moved by Councillor T. Thomson Seconded by Councillor T. Milner That correspondence from David Adams, Director of Operations of InspireHealth, requesting Wednesday, November 2nd, 2011 be proclaimed "Vitamin D Day" in Whistler be received and ―Vitamin D Day‖ be proclaimed. Opposed: Councillor R. Forsyth, Councillor C. Quinlan

CARRIED

ADJOURNMENT

Moved by Councillor T. Milner That Council adjourn the August 23, 2011 Council meeting at 8:23 p.m.

CARRIED

_____________________ MAYOR: K. Melamed ____________________________ CORPORATE OFFICER: L. Miller

PRESENT Mayor K. Melamed Councillors: R. Forsyth, G. Lamont, C. Quinlan, Councillor T. Milner T. Thomson, E. Zeidler Absent: Councillor T. Milner

General Manager of Policy and Program Development, M. Vance Acting General Manager of Community Life, R. Weetman Interim Corporate Officer L. Miller Manager of Communications, M. Comeau Manager of Resort Planning, M. Kirkegaard Sustainability Coordinator, K. Damaskie Official Community Plan Update Assistant, C. Daniels Recording Secretary, A. Winkle Community Advisory Group: Arthur DeJong Steve Anderson Tina Symko Doti Niedermayer Brent Harley Chelsey Walker Johnny Mikes Donna Savage Sue Maxwell

APPROVAL OF AGENDA Moved by Councillor R. Forsyth Seconded by Councillor E. Zeidler

That Council approve the Workshop agenda of August 23, 2011.

CARRIED

ADOPTION OF MINUTES

Moved by Councillor T. Thomson Seconded by Councillor E. Zeidler Adoption of the Council Workshop minutes of July 19, 2011.

CARRIED

M I N U T E S C O U N C I L W O R K S H O P : O F F I C I A L C O M M U N I T Y P L A N A S P E C I A L M E E T I N G O F M U N I C I P A L C O U N C I L T U E S D A Y , A U G U S T 2 3 2 0 1 1 , S T A R T I N G A T 2 : 0 0 P . M . In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place

4335 Blackcomb Way, Whistler, BC V0N 1B4

Council Workshop Minutes Page 2 August 23, 2011

PRESENTATION/DISCUSSION

Introductions were given by K. Damaskie.

B. Harley gave an update on issues related to the Official Community Plan.

Items for discussion were listed and prioritized for this meeting.

A discussion was held regarding growth management and amendments to the Official Community Plan.

A discussion was held regarding green space and urban containment boundaries.

A discussion was held regarding commercial and visitor accommodation policies and rezoning practices.

A discussion was held regarding conservation, green house gas emissions, and commercial emissions.

K. Damaskie reviewed the next steps for the Official Community Plan Update.

ADJOURNMENT

Moved by Councillor E. Zeidler That Council adjourn the meeting at 4:02 p.m.

CARRIED _____________________ Mayor K. Melamed ______________________ Corporate Officer: L. Miller

PRESENT Mayor K. Melamed

Councillors: R. Forsyth, G. Lamont, T. Milner, C. Quinlan, T. Thomson,

E. Zeidler

Acting Chief Administrative Officer, B. MacPherson Acting General Manager of Community Life, R. Weetman General Manager of Environmental Services, H. Kim General Manager of Resort Experience, J. Jansen General Manager of Economic Viability, L. Landry Director of Human Resources, D. Wood Interim Corporate Officer L. Miller Manager of Communications, M. Comeau Manager of Legal Services & Special Projects, S. Fugman Manager of Community Planning, B. Brown Strategic Energy & Emissions Manager, T. Battiston Transit Demand Management Coordinator, E. DalSanto Communications Officer, A. Totten Recording Secretary, A. Winkle

The Public Hearing is convened pursuant to Section 890 of the Local Government

Act R.S.B.C. 1996, c. 323 to allow the public to make representations to Council respecting matters contained in “Zoning Amendment Bylaw (1205 Mount Fee Road) No. 1977, 2011” (the “proposed Bylaw”). Everyone present shall be given a reasonable opportunity to be heard or to present written submissions respecting matters contained in the proposed bylaw. No one will be discouraged or prevented from making their views known. However, it is important that remarks be restricted to matters contained in the proposed Bylaw. When speaking, please commence your remarks by clearly stating your name and address. Members of Council may, ask questions following presentations however, the function of Council at a Public Hearing is to listen rather than to debate the merits of the proposed Bylaw.

M I N U T E S P U B L I C H E A R I N G O F M U N I C I P A L C O U N C I L

T U E S D A Y , A U G U S T 2 3 , 2 0 1 1 S T A R T I N G A T 6 : 0 0 P M

In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place 4335 Blackcomb Way, Whistler, BC V0N 1B4

Public Hearing Minutes Page 2 August 23, 2011

Explanation

An explanation was given by Bill Brown, Manager of Community Planning, concerning the proposed Bylaw.

Correspondence

Lonny Miller, Interim Corporate Officer, indicated that no correspondence was received regarding the proposed Bylaw.

Submissions Mayor Melamed called three times for submissions from the public. No submissions were made by the public.

ADJOURNMENT

Hearing no further comments, the Pubic Hearing adjourned at 6:07 p.m.

__________________________ Mayor, K. Melamed

____________________________ Interim Corporate Officer, L. Miller

PRESENT Mayor K. Melamed

Councillors: R. Forsyth, G. Lamont, T. Milner, C. Quinlan, T. Thomson,

E. Zeidler

Acting Chief Administrative Officer, B. MacPherson Acting General Manager of Community Life, R. Weetman General Manager of Environmental Services, H. Kim General Manager of Resort Experience, J. Jansen General Manager of Economic Viability, L. Landry Director of Human Resources, D. Wood Interim Corporate Officer L. Miller Manager of Communications, M. Comeau Manager of Legal Services & Special Projects, S. Fugman Manager of Community Planning, B. Brown Strategic Energy & Emissions Manager, T. Battiston Transit Demand Management Coordinator, E. DalSanto Communications Officer, A. Totten Recording Secretary, A. Winkle

The Public Hearing is convened pursuant to Section 890 of the Local Government Act R.S.B.C. 1996, c. 323 to allow the public to make representations to Council respecting matters contained in “Zoning Amendment Bylaw (8110 Crazy Canuck Drive) No. 1981, 2011” (the “proposed Bylaw”). Everyone present shall be given a reasonable opportunity to be heard or to present written submissions respecting matters contained in the proposed bylaw. No one will be discouraged or prevented from making their views known. However, it is important that remarks be restricted to matters contained in the proposed Bylaw. When speaking, please commence your remarks by clearly stating your name and address. Members of Council may, ask questions following presentations however, the function of Council at a Public Hearing is to listen rather than to debate the merits of the proposed Bylaw.

M I N U T E S P U B L I C H E A R I N G O F M U N I C I P A L C O U N C I L

T U E S D A Y , A U G U S T 2 3 , 2 0 1 1 S T A R T I N G A T 6 : 0 7 P M

In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place 4335 Blackcomb Way, Whistler, BC V0N 1B4

Public Hearing Minutes Page 2 August 23, 2011

Explanation

An explanation was given by Bill Brown, Manager of Community Planning, concerning the proposed Bylaw.

Correspondence

Lonny Miller, Interim Corporate Officer, indicated that one piece of written correspondence was received in opposition to the proposed Bylaw.

Submissions Mayor Melamed called a first time for submissions from the public. Tim Ankenman, Architect for the project:

– commented on what they have been working on for the past year, including measuring what the impact would be on the village and the neighbourhood.

– commented that they have a conditional lease for the gas station with a national operator depending on zoning.

– commented that the client and the author of the retail study are available tonight to answer questions.

– commented on the challenges of a store with small square footage for companies relying on alternate revenue sources to make the operation viable.

– commented on the size of the fueling stations required as a result of the low traffic volume.

– commented on the size of the service station. – gave an overview of the proposed site, including the green roof and

opportunities for alternative fueling sources. – commented on proposed green features. – commented on the industry need for a larger convenience store than is

currently allowed in the zoning. – commented on the zoning of lot 9.

Jim Duncan, 7478 Ambassador Crescent:

– commented that he has been advocating for the gas station at that end of Whistler for environmental reasons

– expressed concern about the lack of availability for high octane gas in Whistler.

– expressed hope that Chevron had been approached as a provider of high octane gas.

Jeff Heinzman, 6216 Oboe Place:

– is managing partner at Alpine Meadows Market.

– expressed concerns about their store’s limited ability to compete with a

large convenience store carrying daily necessities and gas pumps.

– expressed opposition to the rezoning that would expand the

convenience store area.

– gave examples of other gas bars in Whistler, Squamish and Pemberton

with modest store sizes.

– commented that there is gas available at the card-lock at Sabre Rentals

in Mons, which does not have a convenience store component.

– commented on the history of his business and recent challenging times.

Public Hearing Minutes Page 3 August 23, 2011

Kristen Wint, 8216 Black Bear Ridge, Rainbow Subdivision: – commented that she was aware of the plans for a service station when

she purchased in Rainbow, and expressed she had hoped it would not

come to fruition.

– stated her opposition to larger retail space.

– questioned the need for more retail space given the commercial core

that will have a supermarket.

– commented on the size of the neighbourhood and the intention for a

green area and expressed a preference for a smaller foot print.

Michael Hutchison, Whistler Cay Heights:

– commented that he is the principle of Baxter Creek Development above Rainbow.

– commented he is in favour of the rezoning, and would like to see a gas

station there.

– commented on the number of dwellings in the area and that

approximately over 1000 people will be within walking distance of the

store by the time the developments are finished.

Brian Kerr 6487 Balsalm Way:

– commented that he is Jeff’s partner at Alpine Meadows Market and co-founder of Nester’s Market.

– commented on the disadvantage created when a store has the exclusive right to sell gas, and the restrictions in the current zoning for the ability of Alpine Meadows to compete with a newer and larger competition.

– commented he is in favour of a gas station in the north end of town. – commented that Alpine Meadows Market applied in the past with Chevron

for a gas station. – expressed concern that they will not be able to compete with the

proposed commercial space. – asked council to consider their situation in Alpine and the competitive

disadvantage that they might not be able to overcome. Brian Reid, 8239 Mount View Drive:

– commented on other businesses in Whistler that have worked within the

space given by the zoning.

– asked if the gas station requires additional space to make the space

viable.

– asked council to look at the merits of the gas station and confining the

space within an appropriate manner.

Mayor Melamed called for submissions from the public.

Public Hearing Minutes Page 4 August 23, 2011

Kenneth Harper, 6141 Eagle Drive:

– asked why Council hasn’t encouraged the business owner near the

Scandinavian Spa to make its gas available to the public.

Mayor Melamed responded that there is gas available at the Mons

location. Councillor E. Zeidler responded that anyone can join.

– expressed concerns for Alpine Market.

– commented on the greenness of the space.

JD Maxwell, Ski Jump Rise:

– commented that it is a shame to not have a gas station at Alpine Market. – questioned the need for the increased square footage at the gas station. – asked about the hours of operation of the gas station. – expressed concerns about the impact on the rest of the commercial

development in Rainbow and possible project delays. – asked council to consider the total package when rezoning the area.

Mayor Melamed called for submissions from the public. Tim Ankenman, Architect for the project:

– commented that there would be more traffic in a gas station in a town

centre.

– commented that the gas station in Squamish is attached to a drive-thru

Burger King as their alternate source of revenue.

– commented that the commercial area is a convenience for the customers.

– commented on the differences between items available at a gas station

and shopping at a grocery store.

– commented that the building will be unnoticeable as three sides will be in

the hill and with a green roof.

Mayor Melamed called for submissions from the public. Mike Hawes, 6927 Crabapple Drive

– asked what happens to the application if a gas station does not materialize.

– asked if the rezoning approval is contingent on the gas station materializing. Mayor Melamed responded that the purpose of the original zoning was for the creation of the gas station, and commented that going forward council will ensure the commercial space and the gas station are tied together.

– commented that a large grocery store and convenience store would be

contrary to the Official Community Plan

Mayor Melamed called a final time for submissions from the public

Public Hearing Minutes Page 5 August 23, 2011

ADJOURNMENT

Hearing no further comments, the Pubic Hearing adjourned at 6:53 p.m.

__________________________ Mayor, K. Melamed

____________________________ Interim Corporate Officer, L. Miller

A D M I N I S T R A T I V E R E P O R T T O C O U N C I L R E P O R T

PRESENTED: September 6, 2011 REPORT: 11 - 054

FROM: Community Life FILE: RF000108 / 3032.17

SUBJECT: NOTE AGAINST TITLE THAT BUILDING REGULATIONS CONTRAVENED –

8054 PARKWOOD DRIVE

COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER:

That the recommendation of the Acting General Manager of Community Life be endorsed. RECOMMENDATION

That Council acknowledge the recommendation of the Building Inspector that a notice on title be registered pursuant to Section 57 (1)(b) of the Community Charter; and That Council direct the Corporate Officer to file a notice in the land title office stating that:

(a) a resolution relating to the Land has been made under this section, and (b) further information about it may be inspected at the municipal hall.

REFERENCE

Owner: BROWNJOHN, ROBERT M

Location: 8054 PARKWOOD DR PID: 007-866-984; LOT 116 DISTRICT LOT 7300 PLAN 14311

(the „Property‟)

PURPOSE OF REPORT

The purpose of this report is to provide Council with details of conditions at the subject property that have caused the Building Inspector to recommend that Council pass a resolution directing the Corporate Officer to file a notice in the land title office stating that a resolution relating to the Land has been made pursuant to Section 57 (1)(b) of the Community Charter.

DISCUSSION

Background

Section 57(1)(b) of the Community Charter provides a process under which the building inspector may recommend that Council authorize the registration of a „note against title that building regulations contravened‟ where during the course of carrying out duties, the building inspector:

(b) discovers that

(i) something was done with respect to a building or other structure, or the construction of a building or other structure that required a permit or an inspection under a bylaw, regulation or enactment referred to in paragraph (a) (i), and

(ii) the permit was not obtained or the inspection not satisfactorily completed.

Note Against Title That Building Regulations Contravened – 8054 Parkwood Drive Page 2 ... September 6, 2011

Description

On July 12, 2010 the Resort Municipality of Whistler (RMOW) Bylaw Department sent a letter to Mr. Brownjohn advising him that the RMOW considered his property to be in violation of Zoning and Parking Bylaw # 303. The letter also advised that rental advertising identified 6 bedrooms in the house while record building plans indicated 3 bedrooms. Mr Brownjohn was requested to contact the building department to arrange for an inspection of the house to determine the validity of complaint. On September 22, 2010 Joe Mooney, Building Department Manager, Rob Whitton, Fire Chief and Allison Harriman, Bylaw Officer inspected the property to determine the extent of unauthorized renovations. The inspection revealed unauthorized changes including the following:

Attic developed to create sleeping rooms (photo‟s 1 & 2 in appendix A).

Laundry room added to the south side of the building (photo 4 in appendix A).

Dormer roof constructed over part of the front deck (photo 5 in appendix A).

Attic trusses may have been altered to create the attic sleeping rooms.

The covered entrance deck detailed on original Building Permit drawings has been enclosed.

A Do Not Occupy Order was posted against the unauthorized attic space and a letter was sent to Mr. Brownjohn on September 23, 2010 advising him to ensure the attic is not occupied. The letter also advised Mr. Brownjohn that the unauthorized renovations would have to be brought into conformance through the issuance of a Building Permit. As of the date of this report the improvements have not been legitimized or removed.

WHISTLER 2020 ANALYSIS

W2020 Strategy

TOWARD Descriptions of success that resolution

moves us toward Comments

Built Environment Limits to growth are understood and respected

A section 57 note on title may encourage the owner to bring the property into conformance with the accepted neighborhood density

OTHER POLICY CONSIDERATIONS

The construction that has occurred on this property is in contravention of “Building and Plumbing Regulation Bylaw No. 1617, 2002” (constructing without valid building permits and building inspections). Section 57 1(b) of the Community Charter provides a mechanism by which the municipality may register a notice on title of the contraventions. It is appropriate that a „Note against title that building regulations contravened‟ be placed on title of the subject property because:

1. Potential health and safety problems may arise in unauthorized construction,

2. Anyone acquiring an interest in the property may be subject to an order requiring that the building be brought into compliance with all applicable bylaws, regulations or enactments relating to the construction or safety of the Property, and

3. The notice may provide the owner with an incentive to bring the Property into compliance.

Note Against Title That Building Regulations Contravened – 8054 Parkwood Drive Page 3 ... September 6, 2011

BUDGET CONSIDERATIONS

There are no budget considerations.

SUMMARY

Based on the inspection of the property on September 22, 2010 and a review of Municipal files relating to the property the Building Inspector is satisfied that the property is in violation of “Building and Plumbing Regulation Bylaw No. 1617, 2002” in that renovations were undertaken without a Building Permit from the Resort Municipality of Whistler. Respectfully submitted, Joe Mooney BUILDING DEPARTMENT MANAGER for Bill Brown ACTING GENERAL MANAGER OF COMMUNITY LIFE

Note Against Title That Building Regulations Contravened – 8054 Parkwood Drive Page 4 ... September 6, 2011

8054 PARKWOOD DRIVE APPENDIX A

PHOTO #1

View looking into developed attic space

Note Against Title That Building Regulations Contravened – 8054 Parkwood Drive Page 5 ... September 6, 2011

8054 PARKWOOD DRIVE APPENDIX A

PHOTO #2

View looking into developed attic space

Note Against Title That Building Regulations Contravened – 8054 Parkwood Drive Page 6 ... September 6, 2011

8054 PARKWOOD DRIVE APPENDIX A

PHOTO #3

View of access ladder to attic

Note Against Title That Building Regulations Contravened – 8054 Parkwood Drive Page 7 ... September 6, 2011

8054 PARKWOOD DRIVE APPENDIX A

PHOTO #4

View of Do Not Occupy Order posted on access ladder to attic

Note Against Title That Building Regulations Contravened – 8054 Parkwood Drive Page 8 ... September 6, 2011

8054 PARKWOOD DRIVE

APPENDIX A

PHOTO #5

View of laundry room added to the side of the dwelling

Note Against Title That Building Regulations Contravened – 8054 Parkwood Drive Page 9 ... September 6, 2011

8054 PARKWOOD DRIVE

APPENDIX A

PHOTO #6

View of dormer roof added to the front of the dwelling

R E P O R T A D M I N I S T R A T I V E R E P O R T T O C O U N C I L

PRESENTED: September 6, 2011 REPORT: 11-098

FROM: Environmental Services FILE: 538, 537

SUBJECT: WHISTLER TRANSIT SERVICE REVIEW

COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER

That the recommendation of the General Manager of Environmental Services be endorsed. RECOMMENDATION That Council approve the Whistler Transit System reconfiguration as outlined in the Council Report entitled “Whistler Transit System Service Review” (Administrative Report 11-052) presented to Council on May 17, 2011, a copy of-which is attached as Appendix A, with the following operational changes, additions and deletions to the service elements therein:

Operational changes: o Re-route the #1-Valley Connector southbound through Whistler Village via Blackcomb

Way/Village Gate Boulevard o Remove Drifter Way portion of #1-Valley Connector route in Alpine Meadows non-winter o Route #2-Cheakamus Express now has a terminus of Cheakamus instead of Tamarisk o Reduce service to Tamarisk to provide service to Spring Creek and more service to

Cheakamus Crossing o Future Upper Nordic Shuttle route would be extended from Tamarisk to service part of

Alta Lake Road

Additions: o Spring Creek neighbourhood will be serviced southbound only on select trips o Route #2-Cheakamus Express bus will operate year-round on select trips o Route #3-Rainbow/Emerald will operate year-round on select trips o Increase service from 60 minutes to 30 minute frequencies for the Rainbow

neighbourhood o Route #5-Marketplace Shuttle has expanded service hours in winter o Route #33-Lost Lake Shuttle has been re-introduced from Canada Day through Labour

Day o Restore service daily from 2-3AM

Deletions: o The proposed new #10-Spruce Grove service has been deleted in favour of providing the

#3-Rainbow/Emerald on select trips

Consolidated Whistler Transit Service and Financial Review Page 2 September 6, 2011

REFERENCES

Appendix A – Whistler Transit System Service Review, presented to Council May 17, 2011

Appendix B – Whistler Transit System Service Review Comment Form Summary

Appendix C – Whistler Transit System Service Review Comment Form – Comments

PURPOSE OF REPORT

The purpose of the report is to present Council the final Whistler Transit System configuration and system service profile based on the results of the Whistler Transit System Service Review, public open house, web-based consultation, community group consultation, Transportation Advisory Group (TAG) consultation, as well as the preliminary findings of the Financial Review and the Whistler Transit Facility Review.

DISCUSSION

Background: The Whistler transit system was established twenty years ago with the first five buses starting operations in December 1991. Since then service has rapidly expanded to 30 buses providing transit to most neighbourhoods in Whistler and has become a critical part of our community’s infrastructure carrying three million passengers annually. The Whistler transit system is part of the BC Transit Municipal Systems Program. It is funded in partnership between the Resort Municipality of Whistler (53.31%) and BC Transit (46.69%). In 2009 and 2010, the Whistler transit system underwent several significant changes. In late 2008, early 2009 Whistler’s original fleet of buses was retired and replaced with 2008 Novas diesel buses. At the same time, BC Transit entered into a new 7 year contract with the operating company, provided expanded transit service to the community in the spring/summer/fall as well as to the new neighbourhoods of Rainbow and Cheakamus Crossing, and finally in December 2009, the Whistler transit system moved from the garage in Function to a new transit maintenance facility. All of these changes increased costs while farebox and advertising revenues came in lower than budget projections. During the 2011 municipal budget process, it became clear to staff that there was a growing gap in funding needed to maintain the current system into the future. Therefore, Council instructed staff to work with BC Transit to review the transit service structure and concurrently review the Whistler Transit System financials. Recently, it has become apparent that the Financial Review process is taking longer to finalize than the Service Review, and it is important that the service levels for the upcoming winter season be agreed-to so that the system operator may make the necessary preparations (ie. hiring needed staff). For that reason, the report to Council dealing with Financial Review will be delayed for several weeks, with this report dealing solely with the Service Review and Route Structure, consultation and staff’s final recommendations on the Minimally Acceptable transit system for Whistler.

Consolidated Whistler Transit Service and Financial Review Page 3 September 6, 2011

Whistler Transit Service Review Process During the 2011-2015 Municipal Five-year plan/budget preparation process, the gap in transit funding was apparent. During deliberations, Council directed staff to address the question “What is the transit system that we need?” This question compelled staff to embark upon these review processes, in an effort to reduce costs where reasonable. The transit service review process involved a collaborative, data-intensive approach which started with an information gathering stage from mid-December 2010 through mid-February 2011 where ridership data (boardings and alightings) was collected throughout the existing system using automatic passenger counters by route, by stop, by time of day. BC Transit had a team of short-range and long-range transit planners review the data. The challenge to the BC Transit planning team was to analyse the ridership data and where possible, remove service where it ranked least effective, while minimizing the negative impact on overall service to the Community and preserving cost recovery across the system. The following sections describe the various service profiles that were explored and the conclusions reached through this review. Service Profiles Defined The Business as Usual (BU) transit system is the system that was used in the 2011 municipal budget process in the fall of 2010 and can simply be defined as the 2010/2011 Whistler transit system carrying forward assuming service levels and route structure remained the same which is equivalent to 75,000 service hours per year. As mentioned in the “Process” section above, BC Transit planning team was instructed to review the community of Whistler with fresh eyes and define the minimal transit system that Whistler would need if we were putting transit in for the first time. This is defined as the Minimally Acceptable transit system, which is equivalent to 58,600 service hours per year. Once the Minimally Acceptable transit service was outlined, BC Transit was asked to identify a Fiscally Constrained transit service profile which could be provided with no additional municipal funding to transit in 2012 which is equivalent to 30,000 service hours per year. The BC Transit Fiscally Constrained (BCT FC) and Minimally Acceptable (BCT MA) route structure and service profiles were presented to Council on May 17, 2011 (see Appendix “A” – Whistler Transit System Service Review) and subsequently brought forward to the public for comments through June and July 2011. Staff’s position is that the Fiscally Constrained service profile is not adequate and does not satisfy Council’s direction to answer the question “What is the transit system that Whistler needs?” Based on comments from the public, RMOW staff have worked with BC Transit in developing and costing out a new version of the Minimally Acceptable transit system which is referred to as the RMOW Minimally Acceptable transit system (RMOW MA). The RMOW MA can be defined as BCT MA system with operational changes, additions and deletions forming the recommended service structure and service profile for the Whistler transit system moving forward and will be described in more detail below. The RMOW MA system is requesting 60,500 hours.

Consolidated Whistler Transit Service and Financial Review Page 4 September 6, 2011

Public Comment on the proposed BC Transit MA Route Structure and Service Levels The full analyses of the public comments are attached in Appendix B and C. In summary, the vast majority of respondents were permanent, full-time resident which is no surprise due to the time of year that the open-house was hosted. The respondents tended to use the bus most in the winter equally for travelling to work and to recreate (ski). A significant group of respondents cycle in the spring/summer/fall and felt that we should cut service in the spring/summer/fall to maintain service levels in the winter. This is consistent with previous transportation surveys. Many respondents self-identified as employed in the accommodation and tourism sectors and stressed the importance of the free Village Shuttles. However, a large group of respondents that were unaware that the RMOW share of funding for the free Village Shuttles comes from the 2% AHRT (historically the 2% Hotel Tax) strongly suggested that there should be a fare on the Village Shuttle service, that it should be drastically reduced and those service hours should be moved to service on their particular route. Others suggested that Whistler-Blackcomb and the Fairmont Hotel should pay for the service hours on the #77-Staff Housing bus as it is their employees almost exclusively using this route and that the business community pay for late night service. There were equal proportions of respondents stating transit is an important community service and therefore, increase taxes to fund a useable system while others, who tended to be infrequent transit riders, stated that they were not in favour of a tax increase to fund transit. People generally supported the proposed new route structure with the concept of a Valley Connector route running from Cheakamus Crossing to Emerald Estates via the Village without having to transfer. The majority of respondents felt that maintaining transit service until 3AM was vital to the resort community. Many of the changes were equally supported and opposed. For example, when asked about satisfaction with the proposed two-way Tapley’s routes as oppose to the historical route that looped through Blueberry, when removing the responses from those that stated they were “Neutral” or “Don’t Use” the route, 50% were satisfied with the change and 50% were dissatisfied. This response pattern was apparent on many of the other routes. When looking further into the comments, it appeared that those who benefited or were not directly affected from the change were satisfied and those that would have to walk farther, especially in the winter or would have their service cut, were dissatisfied. It is worth noting that residents and business along Alta Lake Road and in the Blueberry, Spring Creek, Emerald Estates, Rainbow, and Function neighbourhoods were opposed to the reductions in service in their areas. The RMOW MA route structure and service levels have taken these comments into account. BC Transit has revised the future proposed Upper Nordic Shuttle route to include service along Alta Lake Road instead of ending at Tamarisk. Basic southbound service to Spring Creek has been reintroduced by reducing service to Tamarisk. Service to Function has been combined with routing to and from Cheakamus Crossing during Function business hours.

Consolidated Whistler Transit Service and Financial Review Page 5 September 6, 2011

Recommended RMOW Minimally Acceptable (MA) Route Structure and Service Level Staff have worked with BC Transit to refine proposed BC Transit Minimally Acceptable route structure and service profile and developed the RMOW recommended Minimally Acceptable route structure and service profile. Most of the changes are based on public feedback but a few changes, such as making route #2-Cheakamus Express year round have been done for operational reasons to make the new system work. The recommended RMOW MA transit system route structure and service profile is the proposed Minimally Acceptable transit service outlined in the May 17, 2011 Council report entitled “Whistler Transit System Service Review” (see Appendix A) with the following operational changes, additions and deletions to the service elements:

Operational changes: o Route #1-Village Connector is now called #1-Valley Connector o Route #2-Games Express is now called #2-Cheakamus Express o Route #2-Cheakamus Express now has a terminus of Cheakamus instead of Tamarisk o Route #3-Emerald Estates is now called #3-Rainbow/Emerald o The future Upper Nordic shuttle route would be extended from Tamarisk to service part of

Alta Lake Road o Reroute the #1-Valley Connector southbound through the Village via Blackcomb

Way/Village Gate Boulevard to utilize the Village Gate Boulevard bus shelter o Remove Drifter Way portion of #1-Valley Connector route in Alpine Meadows non-winter o Reduce service to Tamarisk to provide service to Spring Creek and more service to

Cheakamus Crossing

Additions: o Spring Creek neighbourhood will be serviced southbound only on select trips o Route #2-Cheakamus Express bus will operate year-round on select trips o Route #3-Rainbow/Emerald will operate year round on select trips o Increase service from 60 minutes to 30 minute frequencies for the Rainbow

neighbourhood o Route #5-Marketplace Shuttle has expanded service hours in winter o Route #33-Lost Lake Shuttle has been re-introduced from Canada Day through Labour

Day o Restore service daily from 2-3AM

Deletions: o The proposed new #10-Spruce Grove service has been deleted in favour of providing the

#3-Rainbow/Emerald on select trips Whistler Transit Service Financial and Facility Review As mentioned in the Background section of this report, the Financial Review part of the larger Transit review process is in progress. It will be brought to Council at an upcoming meeting this fall with the results of that review. Any financial benefits, credits or advantages that are realized will be credited to the system and appropriate adjustments to the budgets will be made. Numerous credits and adjustments have been identified through this on-going Financial Review. Those credits and adjustment have enabled staff to increase the service levels with very little added cost to the system.

Consolidated Whistler Transit Service and Financial Review Page 6 September 6, 2011

WHISTLER 2020 ANALYSIS

W2020 Strategy

TOWARD Descriptions of success that resolution moves us toward

Comments

Finance Whistler lives within its financial means.

Increasingly, RMOW staff are challenged to maintain existing service levels in an environment of greater budget constraints. The cost of operating the local transit system continues to increase due to factors outside the municipality’s controls such as the cost of fuel, insurance and labour.

The transit service review had a goal of right-sizing the transit system to Whistler’s needs and to reduce overall costs.

Partnership Partners work toward aligned budgeting processes that leverage limited resources for increased effectiveness and efficiency.

The process for performing the Whistler Transit Service Review has gone a long way in repairing the relationship between BC Transit and the RMOW. It has been a model of a working partnership.

W2020 Strategy

AWAY FROM Descriptions of success that resolution moves away from

Mitigation Strategies and Comments

Transportation

Transportation preferences and options are developed, promoted and supported so that inter-community mobility minimizes the negative impacts of traditional modes of travel.

By reducing transit service hours from the BU service level to the recommended RMOW MA service level, the Whistler transit system will lose riders to other modes. However, BC Transit’s science based methodology has removed service where it ranked least effective, while minimizing the negative impact on overall service to the Community.

Visitor Experience

Communication, travel and services are accessible, seamless and convenient at all phases of visitor’s trips, from prior to departure until after returning home. Visitors perceive Whistler products, services and activities to be excellent value.

By reducing transit service hours on the Village Shuttles, visitors will be affected and will experience a reduction in convenience while in Whistler. However the recommended RMOW MA has reintroduced the Lost Lake Shuttle and longer service hours on the Marketplace Shuttle in the winter to reduce the impact.

OTHER POLICY CONSIDERATIONS

Several fundamental community policy documents discuss the importance of the Whistler local transit service: The Whistler Comprehensive Transportation Strategy (WCTS) describes the resort community’s transportation goals and objectives. This Transportation Advisory Group (TAG) report states that transportation systems should be expanded to accommodate growth and should provide efficient options to the single-occupant vehicle. When TAG was first convened in 1996, the Whistler Transit System was a 26,200 hour system. When the WCTS report was published in 1999, the transit service was at 41,100 service hours with plans for expansion to 52,700 service hours. The Whistler transit system and the recommended RMOW Minimally Acceptable transit service of 60,500 service hours is consistent with the TAG goals.

The Integrated Energy Air Quality & Greenhouse Gas Management Plan notes that approximately 50% of greenhouse gases produced in the Whistler area originate from vehicles. Moreover,

Consolidated Whistler Transit Service and Financial Review Page 7 September 6, 2011

automobiles are the least energy efficient form of transportation, produce the most pollution, and require the highest amount of paved surface on a per capita basis.

BUDGET CONSIDERATIONS

Without a significant amount of additional funding, the transit service that we have today is not financially sustainable. The additional funding that would be needed to provide a Business as Usual system (75,000 service hours) would be approximately $2.3 million. Through budget refinements and the early results of the Service Reviews, the unfunded budget gap now stands at approximately $1.1 million. When the Financial Reviews are completed, and all possible opportunities for cost reductions and cost recovery are explored completely, staff will report back to Council with the complete financial picture, the budget projections for 2012 and beyond, and requests for Annual Operating Agreement (AOA) endorsement in late September or within October.

COMMUNITY ENGAGEMENT AND CONSULTATION

The Whistler Transit Service Review has been completed in compressed time frame. On May 17, 2011 when staff presented Council with the results of the BC Transit Service Review, staff were directed to conduct a community consultation on the new route structure and the route frequencies proposed by BC Transit. Staff brought the Whistler Transit Service review to EnviroFest on Sunday, June 5, 2011 and then conducted a open house a Delta Whistler Village Suites on Tuesday, June 14, 2011 where the proposed new route structure and BC Transit Minimally Acceptable service profile were presented at 5pm and 7pm. RMOW, BC Transit and Whistler Transit Ltd. staff were also available for individual conversations with the public from 4pm to 9pm. The presentation and display boards as well as the feedback survey were also available on the BC Transit and RMOW web sites from June 15th through July 8th, 2011. BC Transit and RMOW staff also attended a Whistler Transit Ltd. staff open house on June 15 from 9:30am to 1pm and the boards were left at the Whistler Transit facility through Friday June 17th, 2011. Notices were also posted on all Whistler Transit buses in June and July notifying passengers of the above opportunities.

Staff also received comments and suggestions from the public through the BC Transit general Customer Feedback Report, direct e-mails, phone calls and visits to Municipal Hall.

In addition, staff reached out to community stakeholders such as Whistler Community Services Society, Whistler Arts Council, Whistler Hotel Association, Whistler Restaurant Association, the Whistler Arts Council, the Transportation Advisory Group, the Whistler 2020 Youth Advisory Group, Tourism Whistler members and Whistler Chamber of Commerce member through their weekly member e-mails.

TAG was convened for a special meeting in August to review the recommended RMOW MA route structure and service profile. TAG’s main concern was regarding service levels and capacity in the winter especially on the Village Shuttles. They also supported reinstating the Lost Lake Shuttle in the summer. Staff agreed with their concerns and have included increased winter service levels in the RMOW MA service profile.

Consolidated Whistler Transit Service and Financial Review Page 8 September 6, 2011

SUMMARY

The Whistler transit system has been subject to a comprehensive service review by BC Transit and RMOW staff that includes a transit service review as well as a financial review and a maintenance facility review. The Whistler transit system financial and maintenance facility reviews are not yet complete. It is important that the service levels for the upcoming winter season be agreed-to in order that BC Transit and the system operator may make the necessary preparations. The RMOW recommended minimally acceptable (RMOW MA) transit route structure and service level is a combination of the BC Transit proposed minimally acceptable service (58,600 service hours) as outlined in the May 17, 2011 Council report attached as Appendix A, with additions and deletions based on comments by the community. The RMOW recommended minimally acceptable transit service is defined as 60,500 annual service hours. The RMOW MA service represents an approximate 19% service hour reduction from the Business as Usual transit service. By removing the under-performing routes and services, it is projected that farebox revenue may decline only 10% as a result of this 19% service reduction. The preliminary results of the financial review have confirmed numerous credits and adjustments that have enabled staff to increase the service levels with very little added cost to the system. Staff will return with the full results of the financial and maintenance facility reviews, the budget projections for 2012 and beyond, and requests for Annual Operating Agreements (AOA) endorsements late in September or within October. Respectfully submitted, Emma DalSanto Joe Paul, AScT TDM Coordinator Manager Development Services for Harry Kim, PEng. GENERAL MANAGER ENVIRONMENTAL SERVICES

R E P O R T A D M I N I S T R A T I V E R E P O R T T O C O U N C I L

PRESENTED: May 17, 2011 REPORT: 11-052

FROM: Environmental Services FILE: 538

SUBJECT: WHISTLER TRANSIT SYSTEM SERVICE REVIEW

COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER

That the recommendation of the General Manager of Environmental Services be endorsed.

RECOMMENDATION

That Council approve the principles and methodology used to arrive at the reconfiguration of the Whistler Transit System route structure in the Whistler Transit Service Review.

That Council direct staff to work with BC Transit and the operator to implement immediately (July 1, 2011 or as soon as possible) the following changes to reduce costs and improve efficiency of the existing system:

Implement the route change to #7-Tapleys Connector making it two-way service on Lorimer Road removing the Blueberry Drive section.

Provide service to Blueberry with a detour of #1 or #2 north-bound to the Village through Alta Vista.

Replace the #5-Marketplace Shuttle loop with a smaller loop.

Reduce the service span (length of day) on the #5-Marketplace Shuttle loop.

Maintain reduced level of service on routes #3, #4 and #24 introduced for spring 2011.

That Council direct staff to conduct a public open house to review the other proposed new routes and service levels for implementation coinciding with the start of winter 2011/2012 service; and further

That Council direct staff to return to Council with the consolidated results of the Whistler Transit System Financial Audit, the Whistler Transit Facility Review, the Whistler Transit Service Review, the public open house and the preferred system configuration on June 21, 2011, or as soon as practical following the public consultation efforts.

REFERENCES

Appendix A: Whistler Transit Service Review, May 2011, authored by BC Transit.

PURPOSE OF REPORT

The purpose of the report is to present Council with the results of the Whistler Transit System Service Review conducted by BC Transit over winter 2010/2011 and to report back on the progress of the financial reviews.

APPENDIX A

WHISTLER TRANSIT SYSTEM SERVICE REVIEW

Page 2

May 17, 2011

DISCUSSION

Background: The Whistler transit system is part of the BC Transit Municipal Systems Program. It is funded in partnership with the Resort Municipality of Whistler (RMOW) and BC Transit. The fleet is operated by a contractor, currently Whistler Transit Ltd. Established in 1991 with five buses in operation, the service has rapidly expanded to 30 buses and has become a critical part of our community infrastructure, carrying 3 million passengers annually. The transit service expansion mirrored the explosive growth of the community through the 1990’s and has stabilized in the mid 2000’s. The transit network that exists today is essentially the same network that existed in 1991 extended to service new neighbourhoods (Spruce Grove, Nicklaus North, Spring Creek, Rainbow, and Cheakamus Crossing) as they were completed. As the system is entering its twentieth year of service to the community and Whistler has essentially reached build-out, it is time to re-examine the Whistler transit system. BC Transit has been asked to conduct a Whistler Transit Service Review that examined the current transit network and level of service and make recommendations on an optimal route structure and service profile for Whistler going forward.

Process: BC Transit conducted the transit service review over this past winter using the current system (Business as Usual) as the starting point for comparisons. The Business as Usual transit system is the system that was presented into the municipal budget process in the fall and can simply be defined as the current system carrying forward assuming service levels and routes remain exactly as-is. BC Transit was also instructed to evaluate Whistler as it has evolved and define what is the minimal transit system that Whistler needs to provide the level of service that retains the majority of existing ridership. This is defined as the Minimally Acceptable transit system. Only “critical service”, as defined by BC Transit, was included in the Minimally Acceptable transit system. The “nice to haves” are defined as expansions above the Minimally Acceptable service level. Once the Minimally Acceptable transit service was outlined, BC Transit was asked to identify a Fiscally Constrained transit service profile which could be provided with no additional tax increases in 2012. The BC Transit planning team examined the current system and identified areas for review such as low ridership routes and the concept of a Highway 99 Express from Emerald to Function. From November 2010 through February 2011, BC Transit collected automatic passenger count (APC) data to review service span, route segments and individual stop usage. This data was studied against historical data and compared to similar resort transit systems in North America. Based on the results of the data analysis, BC Transit is proposing an optimized route structure and optimized service profile.

Key Findings of the Whistler Transit Service Review: The full Whistler Transit Service Review prepared by BC Transit for the Resort Municipality of Whistler is included as Appendix 1. Listed below is a summary of the key findings. The Whistler transit system currently provides a high level of service (74,000 service hours and had budgeted for 75,000 service hours in 2011/2012) with ten routes operating 22 hours per day from 5:30 a.m. through 3:30 a.m., 365 days per year.

WHISTLER TRANSIT SYSTEM SERVICE REVIEW

Page 3

May 17, 2011

i. This review proposes revising the existing route structure to simplify the network as well as

create better connectivity north and south of the Village by introducing a Village Connector route. The Village Connector is essentially a combined #4-Alpine Only and a #2-Whistler Creek bus. This simplification also involves discontinuing service into Spring Creek, along Blueberry Drive and along Alta Lake Road due to extremely low ridership and high cost per ride.

ii. The review also proposes shortening the service day by two hours and operating from 6AM

through 2AM due to low ridership.

iii. The review proposes introducing a weekday and weekend schedule for the Village Shuttles and service between Whistler Village and Whistler Creek as there were definite ridership increases on Saturdays and Sundays on these routes.

iv. The review also proposes to eliminate the following “nice to haves”:

a. The summer only route #33-Lost Lake Shuttle as there are alternatives to access Lost Lake and BC Transit sees providing service in the winter as a higher priority.

b. Route #3-Emerald Only bus due to low ridership beyond Alpine Meadow. BC Transit is proposing to provide service Emerald and Rainbow with an hourly extension of the new Village Connector bus.

c. The winter route #77-Staff Housing bus from 9a.m. to 4 p.m. due to low ridership and since there is free option (the Excalibur Gondola) that riders are choosing.

d. The route #5-Marketplace Shuttle spring/summer/fall and winter with the exception of a shuttle from 9 a.m. to 4 p.m. using hours reallocated from the #77-Staff Housing bus.

v. BC Transit recommends a minimum of 58,600 annual service hours to provide a reasonable

level of service to satisfy the majority of the current demand in Whistler. BC Transit estimates that this 22% cut in service will only result in an 11% loss in ridership and revenue. Service cuts beyond the 58,600 hours starts removing “critical service” beyond what is outlined above.

vi. The Fiscally Constrained service profile involves a 60% cut in annual service hours to 30,000 hours which would result an estimated 48% loss in ridership and revenue. This scenario eliminates critical service. Staff do not believe the Fiscally Constrained transit service profile is a reasonable option for Whistler.

Immediate Efficiencies: Based on the preliminary findings of the Whistler Transit Service Review, staff worked with BC Transit and the operator to implement service efficiencies resulting in cost savings into the current spring transit schedule. It is proposed that for summer 2011 (July 1, 2011 or as soon as feasible), the Whistler Transit system maintain the reduced level of service on routes #3, #4 and #24 introduced for spring 2011 and that the following additional changes be introduced:

Implement the route change to #7-Tapleys Connector making it two-way service on Lorimer Road removing the Blueberry Drive section.

Provide service to Blueberry with a detour of #1 or #2 north-bound to the Village through Alta Vista.

Replace the #5-Marketplace Shuttle loop with a smaller loop and reduce the service hours.

WHISTLER TRANSIT SYSTEM SERVICE REVIEW

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May 17, 2011

Maintain reduced level of service on routes #3, #4 and #24 introduced for spring 2011.

WHISTLER 2020 ANALYSIS

W2020

Strategy

TOWARD Descriptions of success that

resolution moves us toward Comments

Finance Whistler lives within its financial means.

Increasingly, RMOW staff are challenged to maintain existing service levels in an environment of greater budget constraints. The cost of operating the local transit system continues to increase due to factors outside the municipality’s controls such as the cost of fuel, insurance and labour.

The transit service review had a goal of right-sizing the transit system to Whistler’s needs and to reduce overall costs.

Partnership Partners work toward aligned budgeting processes that leverage limited resources for increased effectiveness and efficiency.

The process for performing the Whistler Transit Service Review has gone a long way in repairing the relationship between BC Transit and the RMOW. It has been a model of a working partnership.

W2020

Strategy

AWAY FROM Descriptions of success that

resolution moves away from

Mitigation Strategies

and Comments

Transportation

Transportation preferences and options are developed, promoted and supported so that inter-community mobility minimizes the negative impacts of traditional modes of travel.

By reducing transit service hours from the level we have today, the Whistler transit system will lose riders to other modes.

Visitor Experience

Communication, travel and services are accessible, seamless and convenient at all phases of visitor’s trips, from prior to departure until after returning home.

Visitors perceive Whistler products, services and activities to be excellent value.

By reducing transit service hours on the Village Shuttles and the Lost Lake Shuttle from the level we have today, visitors will be affected and will experience a reduction in convenience while in Whistler.

If the Village Shuttles become a user pay routes, visitors will experience a reduction in perceived value as a service that has been free since 1991 would no longer be free.

OTHER POLICY CONSIDERATIONS

Several fundamental community policy documents discuss the importance of the Whistler local transit service: The Whistler Comprehensive Transportation Strategy describes the resort community’s transportation goals and objectives. This Transportation Advisory Group (TAG) report states that transportation systems should be expanded to accommodate growth and should provide efficient options to the single-occupant vehicle. The Whistler transit system is consistent with the TAG goals.

The Integrated Energy Air Quality & Greenhouse Gas Management Plan notes that approximately 50% of greenhouse gases produced in the Whistler area originate from vehicles. Moreover,

WHISTLER TRANSIT SYSTEM SERVICE REVIEW

Page 5

May 17, 2011

automobiles are the least energy efficient form of transportation, produce the most pollution, and require the highest amount of paved surface on a per capita basis.

BUDGET CONSIDERATIONS

Without additional funding the transit service that we have today is not financially sustainable. As part of the Whistler transit service review, BC Transit has been asked to price out the proposed new transit service profiles for the proposed new transit structure. Listed below are the estimated budget and ridership implications of the Minimally Acceptable and the Fiscally Constrained service profiles, along with the Business As Usual costs.

It is important to note that these budget numbers do not include any information from the Whistler transit system financial review or the transit maintenance facility audit. Results of the financial reviews may influence the final service review cost estimates presented below. Staff are proposing to return to Council with an integrated report that includes the results of the financial reviews and how they may effect the Minimally Acceptable and the Fiscally Constrained service profiles.

11/12 AOA Minimally

Acceptable Fiscally Constrained

Business As Usual

Service Hours 74,782 58,578 30,000

Hours Removed -16,204 -44,782

Percentage Change

-21.70% -59.90%

Total Passengers 3.1 Million 2.76 Million 1.6 Million

Percentage Change

-11.20% -47.90%

Total Revenue $2.65 Million $2.35 Million $1.53 Million

Net Municipal Share Increase

$1.7 Million $.8 Million $0 Million

Percentage Change

-6.30% -35.20%

Peak Fleet 26 15 8

Total Fleet 30 23 13

COMMUNITY ENGAGEMENT AND CONSULTATION

The Whistler Transit Service Review has been completed in a tight time frame. Only informal community consultation has taken place in the form of reviewing comments, suggestions, complaints filed by the public to the operating company, the RMOW and BC Transit.

Staff are seeking authorization by Council to conduct community consultation on the new route structure and route frequencies proposed by BC Transit. Staff propose that the information gathered be used to revise the proposed route structure and proposed service profile before they are brought forward to Council for consideration.

WHISTLER TRANSIT SYSTEM SERVICE REVIEW

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May 17, 2011

SUMMARY

As Whistler has essentially reached build-out, it is very timely for BC Transit to conduct a long overdue comprehensive review of Whistler’s transit system. Furthermore, Whistler’s transit system has not gone through a comprehensive review since inception in 1991. Over the winter, BC Transit collected ridership data using automatic passenger counters (APCs) by route, by stop, by day of week and by time of day. As a result of this rational science-based review, BC Transit staff found inefficiencies in the current transit system. The proposed reconfigured network (route structure) meets the needs of the community and provides a platform to grow the system. Several efficiency changes are proposed to be implemented immediately to the current system. These changes are the revision of routes #7-Tapleys Connector, #5-Marketplace Shuttle, #2-Whistler Creek and #1-Games Express, maintaining reduced service hours on the #3-Emerald Only, #4-Alpine Only and the #24-Alta Lake, and reducing the service day on the #5-Marketplace Shuttle. There are significant changes proposed both to the route structure and the service levels provided to many neighbourhoods. Therefore, it is recommended that the staff be directed to seek public comment on the new route structure and route frequencies proposed by BC Transit. Staff propose that the information gathered be used to revise the proposed route structure and proposed service profile before they are brought forward to Council for consideration. Staff also propose to incorporate the findings of the Whistler Transit System Financial Review and the Whistler Transit Maintenance Facility Audit into the budget numbers related to the Whistler Transit Service Review and return to Council on June 21, 2011, or as soon as practical, following the public consultation. This will give Council a more complete picture of the transit system and allow for better decisions related to the financial consequences related to changing levels of service. Respectfully submitted, Emma DalSanto TRANSPORTATION DEMAND MANAGEMENT COORDINATOR for Harry Kim GENERAL MANAGER ENVIRONMENTAL SERVICES

Whistler Transit Service Review 

 Prepared for the Resort Municipality of Whistler 

By BC Transit  

May 2011 

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Appendix A

Introduction The purpose of this report is to provide the Resort Municipality of Whistler (RMOW) with a review of the existing transit service and offer recommendations for a new system structure as well as a modified service profile to align both with the needs of the customers as well as the financial constraints of the municipality. Background In 2010, the RMOW requested a comprehensive official review of the local Whistler transit system and associated financial matters. As a result, a number of processes were undertaken of which the transit service review is just one. The intent of the review was to provide an answer to the basic question: “What kind of transit system does Whistler need?” Process RMOW staff and BC Transit agreed to a defined process that would be brought to Council on May 17th, 2011. This process would:

• Examine the current system and identify areas within Whistler for review – this includes new neighbourhoods without service as well as existing areas.

• Review historical data to see if the system has significantly changed in terms of ridership patterns. • Examine the seasonality of the service to determine if there should be changes in both the length of the seasons as well as

the amount of service provided within each season. Currently the system operates a winter schedule and a spring / summer/fall schedule with additional service in the summer (#33 Lost Lake Shuttle) and during the ramp up and ramp down to Winter service.

• Use Automatic Passenger Count (laser beam based counters that monitor movement on and off the bus at the stop level) data to review:

» Service span (the length of the service day) » Route segments (not simply the entire route but sections of routes where ridership is low) » Stop usage (to determine if there are stops within the service area that are poorly utilized and what impact removing

them would have on the system). • Compare similar resort transit systems in order to determine comparative service levels • Create an optimized route structure – the “bones” of the system upon which differing levels of service could be developed. • Create an optimized service profile – the levels of service on the new routes by day and by season.

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There have been bi-weekly phone meetings of the working group as well as several internal workshops to review progress and option development. The parameters developed for the service review provided scope to the study (See Appendix A) and included the need to review a highway express service from Emerald Estates to Function Junction as well as a review of free service in the Village. There were no preconceived options at the outset of the service review, allowing for greater flexibility in development of service options as the process moved along. Two main options have been developed using a similar system structure, the first being the optimized system that meets the minimum needs of the community(called the Minimally Acceptable service) and the second being a service profile that matched a budget target set by RMOW staff (called the Fiscally Constrained service). The Minimally Acceptable service only includes the critical elements of service. The nice-to-haves, such as summer Lost Lake Shuttle service are not included in this option. The Fiscally Constrained service has eliminated many critical services such as 15 minute frequencies in the winter. Sub-options hve also been provided as a suite of service elements A-O with order of magnitude service hour and cost implications. This was the first major review of the structure of the transit service in Whistler since its inception 20 years ago and is part of a new process being developed by BC Transit to ensure regular reviews of transit. This program is called the Transit Effectiveness Program (see diagram below) and will be applied to all systems in the province over a three year period. Whistler is one of the first systems to undertake both the Operational Review and the Efficiency Review.

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System Review The Whistler municipal transit system continues to operate as one of the overall most effective service in the province based on rankings using the following performance measures:

Boardings1 per Service Hour Boardings per Service Kilometre Cost per Boarding Cost Recovery

                                                            1 A Boarding is a passenger on a bus regardless of payment method and includes transfers 

Passengers per Capita Out of 35 conventional systems ranked in 2010/11 based on year end actual, Whistler ranked fifth overall (see Appendix B). Ridership was up substantially over 2009/10 with an estimated 3.1 Million passengers in 2010/11 (compared to 2.7 Million). The system averages 52.3 Boardings per hour – the highest in the province. Ridership during the day was reviewed (see Figure 1) to determine if there were opportunities to scale back service in the midday or early evening based on perceptions of the system. However, the existing system data for winter 2010/11 shows that ridership performs similar to all large systems with a short but strong AM peak spike at 8:00 AM and a long afternoon peak from 3:00 PM to 6:00 PM. What is remarkable about the Whistler system is that the evening ridership does not drop similar to standard systems. The ridership levels continue strong such that the mid morning peak at 11:00 AM is not dropped below in the evening until after midnight. This means that there is little ability to reduce daytime service without significant impacts to ridership. There is limited service on the road prior to 6AM and after 2 AM, however, the low ridership levels that there, a trip by trip analysis was undertaken to determine if there should be some consideration given to shortening the total service span. The first trip of the #1 has good ridership (averaging 18 passengers per trip), however the ridership between 6-7AM is limited, a pattern repeated on the #2. The late trips by the #2 average between 12 and 14 riders. If service was to be removed from later trips, it is likely that those customers would access the last trip available or find alternate ways home. Conclusion – Based on the current travel patterns in Winter, there is no ability to make wholesale reductions in service during the day. Reductions in the early morning (2-3 AM) may be possible but would force some customers to find alternate ways home or to use an earlier trip

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Figure 1 – Ridership by Route and time of Day

Whistler TransitApc Ridership by Route and Hour

Average Per Weekday - 25 Nov 2010 to 04 Feb 2011 Period

0

100

200

300

400

500

600

0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 2400 2500 2600 2700

Boa

rdin

gs

7743247654321

SER DAY 1

Sum of AVG. TOTAL RIDERS

TRIP START HOUR

RTE

In addition to reviewing the system, this information was used to look at each route and how they function throughout the day to detect travel patterns that allow for some adjustments in route structure. System boardings (boardings include both revenue passengers as well as transfers) as shown in Figure 2 for Winter 2010/11, indicate that weekend usage is greater than weekday. Spring ridership data will be analyzed to determine if this is a consistent profile. This corroborates with RMOW guest figures showing that there has been a trend towards more weekend visitors during the

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winter than weekday. Saturday has the highest ridership indicating that the current system structure of a standard service day every day of the week should be reviewed with an option of providing additional weekend service on key routes.

Conclusion – Based on the weekly ridership patterns, there should be a review of the service levels on key routes during the winter on weekends in order to match service with demand.

Figure 2 – Boardings by Trip

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Boardings by route (see Figure 3) verify the general route importance within the system ranking the #1 and #2 equal with the two Village shuttle routes. The #4-Alpine-Only is the next most used route, particularly when combined with the #43-Alpine/Emerald Combined (where stats show the majority of ridership comes from the Alpine Meadows area inbound rather than Rainbow or Emerald Estates). Using this information as well as more detailed analysis of route segments by time of day (see Appendix C for route ratings by weekday, Saturday, and Sunday), a new system structure has been created.

Conclusion – Based on the boardings by route, any structural changes to the system should focus on 5 routes: 1 Games Express, 2 Whistler Creek, 5 Village Shuttle, 6 Village Shuttle, and 4 Alpine Meadows.

Figure 3 – Boardings by Route

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Existing System Structure

System structure refers to the route structure and how each route combines to form a system. As noted earlier, the system structure is one area that Council asked to be reviewed. Using the available ridership data, the routes were analyzed individually as well as collectively. The existing system operates approximately 75,000 annual service hours on nine regular year round routes and two seasonal routes (1, and 33). The routes have changed very little since each was created with the exception of additions to routes to allow for new neighbourhoods that have developed (such as Rainbow, Cheakamus, and Spring Creek). All routes are focused on the Gondola Transit Exchange. The structure is highlighted in Figure 4.

Figure 4 – Existing System Structure

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The system structure was compared to a number of resorts to determine if the existing system was on par with competitor resort communities. The resorts reviewed were:

Aspen and Vail, Colorado Mammoth, California Jackson Hole, Wyoming Sun Valley, Idaho Banff, Alberta Mont St. – Anne, Quebec

The review found a number of similarities among the systems in terms of the size of the resident population (between 5-8,000), the relationship between the resort and communities within the region, the degree of seasonality of the transit system, the length of the service day, and the frequency of services (See Appendix D – Resort Comparison). It was found that Whistler is unique with respect to the decisions of Council related to ensuring that the resident population had the opportunity to remain in the community through the control and provision of resident-restricted housing. Every resort relied heavily on a community elsewhere in the region to provide the housing base for the resort which means creating a significant regional transit system to create access to the resort for workers.

All resorts had free service within town though typically the entire service was free with a regional service requiring fares. The legislative basis for municipalities and resorts is sufficiently different in the U.S. that options such as sales tax or lift ticket tax can be used to offset local transit costs. Whistler tends to have a longer service day than average (most larger resorts are 6AM to 2AM with smaller resorts ending service around midnight.) and a higher average service frequency. Most resorts relied on one or two routes with 10-15 minute service levels and all remaining routes run at 30-60 minute levels. Whistler has higher service levels as a system with multiple routes having 15 minute service or better throughout the day. Finally, most resorts had a few number of permanent routes to serve the local populous and rely heavily on winter or summer based routes to serve visitors. Whistler has the reverse with a large number of permanent routes and only a few seasonal services – again a possible reflection of having a higher local resident population.

Conclusion – Whistler currently has a longer service day, a higher ratio of permanent to temporary routes, and higher service frequencies than average among the comparative resorts. Some reductions as noted in the early morning service should be considered as well as a change in system structure to focus on a year round system that serves the majority of the community.

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Route Review

Routes were reviewed by time of day, and day of week to determine how customers are using the existing system. Route based performance measures were applied to rank the routes and allocate routes to one of three groupings:

Continuous Improvement – these are the top performing routes that showed few area of improvement are required

Preventative Action – these routes show one or more measures indicating a concern that should be reviewed and potentially addressed in order to keep the route operating at a reasonable level.

Corrective Action – these are the lower performing routes that have multiple indicators showing low performance.

The system measures utilize Automatic Passenger Count (APC) data from Winter 2010/11. The measures used are standard for any larger BC Transit system in the province. These measures are:

The Boardings per Service Hour – This is a standard measure of the value of the service in terms of attracting customers versus the amount of service provided

Boardings per Service kilometre – This measure separates out long routes from shorter urban routes and shows the effectiveness of the route.

Average Boardings per Trip – This is a good indicator of how many people might be expected on any trip during the day and helps determine the appropriate vehicle size as well as use of the service throughout the day.

Scheduled Productivity – This measures the amount of time the route is in revenue service and is somewhat a function of where the service is scheduled from and the amount of non-revenue time in the system.

Maximum passenger load on Route – This helps show the fluctuations in a route throughout the day as well as determine the vehicle size required through the day.

Trip Time Variability – This measures the reliability of the service by monitoring the difference between the average minimum running time and the maximum running time. Scheduled running time is impacted by the variability as is the reliability of the system if this number is high.

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Average Speed – This is a good measure of how fast a bus travels on average compared to the system average and can be used to determine if a route is getting slower over the years. As congestion becomes a factor, vehicles may have to be added simply to maintain the existing schedule

Each measure has a maximum point scale and each route is ranked based on the final score. The maximum points possible is 44. Based on these measures, routes were allocated to the following groupings:

Candidate Routes for Continuous Improvement2 Whistler Creek

Candidate Routes for Preventative Action 

6 Upper Village Shuttle

43 Alpine/Emerald Combined

1 Games Express

77 Staff Housing

4 Alpine Meadows

7 Tapley's Connector

3 Emerald Estates

Candidate Routes for Corrective Action

5 Village Shuttle/ Marketplace

24 Alta Lake Road  

This shows weekday rankings, however, the weekend rankings are similar with the #24‐Alta Lake Road being the lowest performing route, and the #3–Emerald Estates as the lowest revenue route.  The data shows that any system restructuring should focus on the two Village Shuttle routes, the two services to the south end of the Village, a single north route and a central route.   

 

Conclusion: The# 5-Marketplace Shuttle needs a review to improve the performance of the service relative to other routes and the #3-Emerald Estates stands out as requiring similar structural review.

System Structure 

The system structure currently in place has been in place since the start of the system with minor deviations when a new neighbourhood was created.  The need to review a system after such a long period of evolution is long overdue, though it becomes a challenge given the acceptance of the service in its current form.  The APC data was used to look at a number of system structure concerns as shown in Figure 5: 

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Figure 5 – Areas to Review 

 

There has been a decline over time in the ridership from Emerald Estates, despite the introduction of service into Rainbow as a way to offset those losses.  This raises some concerns over the need for a separate #3–Emerald Estates route in peak periods (the #43‐Alpine/Emerald Combined provides off peak service essentially as an extension of the #4‐Alpine Only service).   

Other areas that were subjected to detailed review were: 

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#24‐Alta Lake  ‐  with the move of the hostel to Cheakamus Crossing, there rationale for this route no longer exists except potentially as a summer shuttle service to Rainbow Park (though attempts at this service in the past were less than successful). 

South of Creekside – there are four terminuses in the system (Tamarisk, Function Junction, Cheakamus Crossing, and Spring Creek).  The amount of service provided to some of these is disproportionate to the actual ridership that uses the system, therefore a review of these end points and the amount of service each requires was part of the structure review. 

#5/#6 Village Shuttles – though nominally “free” to the passenger, these services are offset through hotel taxes.  The review looked at the routing of the #5‐Marketplace Shuttle and whether it could be altered to create a more direct connection between Gondola Exchange and Northlands Boulevard.  In addition, the routing of the #6‐Upper Village Shuttle was reviewed to determine if there was a rationale for shortening this route.  

#77‐Staff Housing ‐ ridership has been steadily declining, particularly in winter when there is a pair of free alternatives (the free #6‐ Upper Village Shuttle and the Excalibur gondola when Blackcomb Mountain and the Tube Park are open). 

#7‐Tapleys Connector– All sections of this route were analysed to determine if there was an alternative to the current large one‐way loop which provides little incentive to local residents to use the bus, especially families in the Tapleys and Barnfield sections where a trip to the Village requires a diversion through Blueberry Drive. 

The concept of a highway express was reviewed based on the desires expressed by Council, however, there are several major challenges with putting such a service in place.  A pure highway service requires everyone to walk to the highway to get access to the system and there are a number of areas where this is not possible because no pre‐existing stop is in place.  Given safety concerns, the Ministry of Transportation and Infrastructure (MoTI), who has domain over the highway, has not been favourable towards the concept of adding additional stops on the highway.  In addition, there are good reasons to provide access to services at Nesters Mall, some closer access to the Village such as along Northlands Boulevard, and keeping a year‐round service through the Nordic/Eva Lake Road.   

 

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Proposed System Structure 

After detailed examination, a modified Village Connector is recommended as the spine of the service as shown in Figure 6.  This route would combine the #4‐Alpine ‐Only with the #2‐ Whistler Creek.  The new major end point would be Cheakamus Crossing rather than Function Junction given the high volume of passengers coming out of the former Athlete’s Village area.  The relocation of the hostel to the area has amplified the growth in passenger use.   

Function Junction service would be reduced both in terms of the amount and potential end point.  The level of service is disproportionate to the ridership and is a leftover function of the location of the former transit garage site.  The extension into the end of Function Junction has created an awkward turnaround point for the bus and higher levels of service than warranted.  It is recommended that either the route be shortened to use the previous turnaround or limit the number of trips using the current terminus. 

The proposed system is shown in Figure 7 and consists of five year round routes and two seasonal routes.   

The #1‐Village Connector is the spine of the system connecting Alpine with Cheakamus. The route would run the current #4 routing through Alpine and Meadow Park Sports Centre then via Nesters Road to Lorimer Road.  Rather than run via the Highway, the route will travel along Northlands Boulevard.  This allows for transfer opportunities along Northlands, within walk distance to Village Gate Boulevard.  Northlands provides a more positive waiting environment compared to the highway and brings customers within walk distance of much of the Village.  The route would then follow the existing #2‐Whistler Creek route through Nordic to Cheakamus.  Routing via Nordic/Eva Lake Road would be year round rather than changing between seasons. 

Winter service is increased through the continuation of the base to base shuttle service, the #2‐Games Express.  The new #2 would travel from Gondola Exchange to Creekside via the highway and terminate at Tamarisk.  Ridership is sufficiently high in this area to warrant the service.  Internal service is removed from the Spring Creek neighbourhood though access is still provided via the northbound highway stop.  Residents of Spring Creek would have to ride the bus to the southern terminus and use the northbound stop because there is no safe highway crossing to allow southbound alighting.   

 

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Figure 6 – Village Connector. 

 

 

Emerald Estates and Rainbow are served similar to the current midday service, as extensions of the new #1‐Village Connector service with frequency based on use.  Function Junction would be served at a lower level than exists today but in line with ridership needs. 

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The #5‐Marketplace Shuttle would be altered to run between Gondola Exchange and the Marketplace area rather than via the Upper Village area to act as a lower village connector.  The #6‐Upper Village Shuttle has enough capacity to meet the ridership demand at the Chateau and Upper Village stops.  The #6‐Upper Village/Benchlands Shuttle service would be unchanged.   

Service to Tapleys via the #7‐Tapleys would be altered from a one‐way loop system to a two‐way service by removing the Blueberry section and turning around at Crabapple Drive.  There are two stops in Blueberry impacted.  One, at the apex of Blueberry Drive is out of walk distance from other routes but has little use and a small residential neighbourhood that would be impacted.  The majority of passengers access the service within 200 metres of Highway 99 and would be served southbound by a highway stop on the new #1‐Village Connector or the #2‐Games Express and northbound by a diversion of the #1 or the #2 through Alta Vista.  The northbound diversion eliminates the need to cross the highway and walk north to the nearest stop – though this remains an option. 

The #77‐Staff Housing routing is unchanged while the summer‐only #33‐Lost Lake Shuttle and #24‐Alta Lake Road are removed from service.  The route structure is shown in Figure 7 for the winter season during peak periods of the day. 

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Figure 7 – Winter Peak Service 

 

 

During non‐peak periods in the winter, it is proposed that the #77 service be discontinued and the hours used to provide service to the Spruce Grove and White Gold areas via a new route #10 (see Figure 8).  This is similar to current service provided by the #43‐Alpine/Emerald Combined but would be more consistent in directionality.  

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Figure 8 – Winter Midday and Evening 

 

During the Spring, Summer, and Fall seasons, the #2‐Games Express would not run, nor would the #5‐Marketplace Shuttle given that they are seasonal routes.  As a result, Alta Vista and Tamarisk will be served by the new #1‐Village Connector.  The #77 and #10 would alternate to provide limited service to both areas (See Figure 9). 

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Figure 9 – Spring, Summer, and Fall 

 

This new route structure simplifies the network and provides service where it benefits the community.  This structure can be built upon in the future without changing the basic concept.  The amount of service hours provided on each route can then be tailored to the seasonal and daily needs of the community. 

Service Profile 

With a system structure in place, the next step is to identify the amount of service by day and season to be provided.  This is referred to as the service profile.  The current service profile has service running from 5:30 a.m. ‐3 a.m. every day during the winter.  Winter service is double that provided during the non‐winter period and there is no change in service levels during the week compared to the weekend.  In summer, the only 

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increase in service is the introduction of the free Lost Lake Shuttle as a part of the non‐revenue tourist services. This service profile is shown in Figure 10. 

 

Figure 10– Existing service profile 

 

As seen in Figure 10, this existing service level accounts for 75,000 hours of service per year.   

Using the new system structure, BC Transit has prepared a service profile for the Minimally Acceptable (the service deemed to be critical) transit service which equates to approximately 58,600 services hours per year.  After the Minimally Acceptable service profile was define, RMOW staff asked, what service level Whistler can expect using the proposed system structure and working towards a municipal budget reflecting no 

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additional tax increases in 2012.   This second option represents the Fiscally Constrained service and reduces the annual total to 30,000 hours.  This was done by reducing winter service to a level, slightly below the current off‐season (spring/summer/fall) level and drastically reducing the remainder of service.  The difference can be seen in Figure 11.  This is not considered to be a sustainable level of transit within the community. 

For presentation purposes in this report, the Fiscally Constrained option of 30,000 service hours will be termed “the base” and will be used as the baseline to determine possible additions to the base.  These are route based additions A through O that can be added to the base to make a service profile that is acceptable to Council and can be added incrementally.  

The Minimally Acceptable proposal (although developed first) for presentation purposes shows key enhancement options to create a service profile that meets the majority of ridership potential balanced against costs.  The enhancements shown have been prioritized by BC Transit.    

Figure 11 – Fiscally Constrained Base service hours 

 

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These enhancements to the base are:  

 

Minimally Acceptable (MA) service  

For ease of discussion, the optimized base route structure and the Fiscally Constrained (FC) base service profile was used as the base and built up to incorporate the enhancements desired.  Passenger volumes were compared to determine “critical” versus “nice to have” enhancements.  This trade off has been done from a planning perspective and there may be other values that change the enhancements suggested.  Seasonality was considered as well as weekday versus weekend based on the data that was reviewed.  This proposed MA service totals approximately 58,600 Annual Service Hours and is felt to be the minimum service level to satisfy the majority of current demand as well as act as a platform to build ridership in the more densely populated neighbourhoods of Whistler.  The shoulder season improvements 

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in the spring were combined with the ability to have flexible hours for congestion, passenger overloads to ensure that there was maximum flexibility (see Figure 12). 

Figure 12 – Minimally Acceptable service package   

 

The focus of the Minimally Acceptable (MA) service proposal was to create a balance between the services needed year round for residents while still complementing the Resort’s tourist base.  Service levels for the top routes range between 10‐15 minutes during the peak periods in winter and 15‐20 minutes in the midday and early evening.  During the remainder of the year, service levels are lower than currently in place (Existing/Business as Usual); however they should be sufficient for the passenger volumes experienced (see Figure 13 for comparisons). 

 

 

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Figure 13 – Route Frequencies 

 

 

 

 

 

 

Costs for 2012 

As part of the Whistler transit service review, BC Transit was been asked to price out the service profiles for the proposed new transit structure.  These costs are compared to the Business as Usual (or the current AOA and system structure – see Figure 14) in order to show the impact on ridership.  In most systems, service hours can be reduced with a low impact on ridership because every system has marginal service hours that are put in place as a social benefit to the community.  However, there is a tipping point at which every service hour cut begins to impact ridership at a high rate.  The goal in this review was to try and ascertain where that tipping point was and create the Minimally Acceptable service level just below that point.  This can be seen in the comparison of service hours cut to ridership impact where the Fiscally constrained system has a 1:1 relationship percentage wise while the Minimally Acceptable has a lesser impact on ridership. 

 It is important to note that these budget numbers have been prepared with input from RMOW staff but do not include any information from the Whistler transit system financial review or the transit maintenance facility audit.  Results of the financial reviews may influence the final service review cost estimates presented below.   

 

Peak MiddayExisting MA FC Existing MA FC Existing MA FC Existing MA FC

1 Village Connector 15/20 15 25 20 20 40 15 20 45 15 30 602 Games Express 20 15 0 20 20 0 0 0 0 0 0 0Emerald Estates 15 30 60 15 60 60 30 30 60 30 30 605 Marketplace 9 0 0 10 15 0 15 30 0 0 0 06 Village shuttle 7 10 10 20 15 15 10 30 30 15 15 30

7 Tapleys 15 15 15 30 30 30 30 30 30 30 30 6010 Spruce Grove 15 0 0 30 30 30 30 30 60 30 30 6077 Staff Housing 15 15 20 30 30 60 20 30 60 30 60 60

Peak MiddayWinter Non‐Winter

 

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 Figure 14 – Estimated Costs 

11/12 AOA 

   Business As Usual 

Minimally Acceptable 

Fiscally Constrained 

Service Hours  74,782  58,578  30,000 

Hours Removed     ‐16,204  ‐44,782 

Percentage Change     ‐21.70%  ‐59.90% 

Total Passengers  3.1 Million  2.76 Million  1.6 Million 

Percentage Change     ‐11.20%  ‐47.90% 

Total Revenue  $2.65 Million  $2.35 Million  $1.53 Million 

Net Municipal Share Increase  $1.7 Million  $.8 Million  $0 Million 

Percentage Change     ‐6.30%  ‐35.20% 

Peak Fleet  26  15  8 

Total Fleet  30  23  13 

 

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Summary 

The review of the Whistler Transit system was undertaken as an opportunity to examine all aspects of the service to determine if there was a new structure that could be put in place that supports the community as it now exists.  The proposed structure changes the service to one that is community focused first with seasonal services that supplement the standard service.  A single route acting as the backbone, the #1 Village Connector will provide for the opportunity to move throughout the length of Whistler on a single, relatively direct route.  Service to various neighbourhoods is reflective of the current usage in order to be effective with the available service hours.  Tapleys will have a new two way service to provide families with easy access to the Village.  Skiers will have a more focussed service between Northlands and the Gondola Exchange on the revamped #5 Marketplace Shuttle.  In addition, the Games Express will act as a base to base shuttle, providing easy access to the system, services at both bases and the mountains.  Service options have been provided that creates a service profile which satisfies a majority of the system demand. 

This new system also creates the opportunity to begin implementing some changes in the short term such as the #7 Tapleys and rerouting the inbound #2 to remove the Blueberry segment from service.  Internal service to Spring Creek could also be removed with little impact on ridership.   

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Appendix A – Parameters of the Study 

Whistler Transit Service Review  ‐ Minutes of February 17 meeting #2 

Attendees     Sandy Forman  Consultant    Darin Ramsay  Sr. Planner, Operational Planning   John Hicks  Sr. Planner, Operational Planning   Johann van Schaik  Regional Transit Manager   Graeme Masterton  Director, Operational Planning   Joe Paul  RMOW   Harry Kim  RMOW   Emma Dal Santo  TDM Coordinator, RMOW    

The meeting was based on a review of issues that the BCT team had looked at over the past two weeks and verified through site visits.  The theme was to find ways to simplify the system in terms of route structure, while still focussing on the key destinations.  Two main areas were covered:  Non Winter changes in terms of amount of service, and Winter service structure.  It was agreed overall that the approach of simplifying the service and modifying the headways for the seasons was the correct approach.   

 

Non Winter Changes 

 

 

 

 

Non Winter changes focus on the change in service from the Shoulder season to Winter season and back to the Shoulder season in the Spring.  Typically there is a staggered increase in service towards winter as the resort prepares for the opening of the ski hills.  Because Winter is the largest cache of service hours, changes in the length of the season can result in large savings.  As a result, in order to maximize savings but retain as much flexibility as possible, it was agreed that the following guidelines would be used: 

Shoulder service would have reduced “extra hours” 

Winter service will start December 15th and run to April 15th  

Full Winter Service #6 and Games Express at winter levels.   

Shoulder Service 

Modified ramp up service will increase the #6 Village Loop and Games Express to full winter service between official opening day of Whistler/Blackcomb (typically the third Thursday of November) and Dec 14th as well as Easter Monday to May long weekend.  All other routes remain as shoulder season levels. 

Summer service levels are dependent upon hours but likely focus on higher levels of service on the Highway Express,  the #6 Village Shuttle, and the #33 Lost Lake Shuttle. 

 

Service Review 

The discussion focussed on options for service in each neighbourhood and route and the following service design elements were agreed to: 1. Emerald Estates 

Leave service as is but review the amount of service during the day based on ridership data 

Review option of creating a community shuttle route that runs from Meadow Park Sports Centre to Emerald only. 

2. Alpine Meadows  Combine the #4 Alpine with the #1 Games Express to create a new Whistler Highway 

Express Express running the length of Whistler.  The end point at the south is Creekside with service to Cheakamus and Function 

Junction based on passenger volumes.  Route through the village via Lorimer, Northlands, Village Gate Boulevard  Create two new stops southbound on Northlands with no pullouts required.  Look at option of turning onto the highway at Nesters rather than routing through to 

Lorimer @ St. Andrews  

3. Spruce Grove/White Gold   Leave the service intact unless the Emerald Estates service becomes a community route.    If the area is a stand alone service, then route around Spruce Grove, Nesters Road, 

Lorimer and back along Blackcomb Way.  Service to Gondola Exchange would route via Blackcomb way instead of Northlands. 

4. #5 Village Shuttle/Marketplace  This service would be removed.   Free service would remain on the #6.  Passengers wishing to travel from Market Place or Blackcomb Way to Gondola Exchange 

must access the #3 or #7 on Blackcomb Way 5. #6 Village Shuttle/Benchlands 

There are no changes to this route currently planned though ridership data for the extensions to The Cedars and Coast Blackcomb will determine the amount of service to those areas. 

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6. Tapley’s and Blueberry (#7 Tapley’s Connector)  This route has been ranked lower on the routes in terms of volume despite the 

proximity to the Village and the population base.  It is proposed that the route be simplified and the Blueberry section be removed.    The route would be a two way service along Lorimer Road to the Crabapple turnaround.   This puts one stop on Blueberry near Falcon Crescent approximately 800 meters from a 

bus stop.  The other bus stop near Osprey Place is within 250 meters of Highway 99. 7. Alta Vista 

This area currently has winter only limited service and it is proposed that a possible community bus route be created to serve the neighbourhood depending on resources from Gondola Exchange. 

8. Brio  This area has no service but has access via trails and roads to stops along the highway.  If a community route is created for Alta Vista, it is proposed that a diversion through 

Brio similar to the Olympic diversion be used to reduce walking along the highway. 9. Nordic 

The lower portions of Nordic are served by the #2 Whistler Creek via Eva Lake Road.  A community bus service from Creekside could provide service to Nordic to Snowridge 

Circle via Eva Lake Road, Nordic Drive, and Whistler Road.  This route would be an additional service depending on resources and the use of the 

turnaround at Snowridge Circle. 10. Spring Creek 

Initial reaction is to terminate service to this area due to low ridership.  This will be verified using the passenger data. 

11. Tamarisk  Due to the large amount of housing along the area and the lack of a safe highway 

crossing, it is recommended that this area continue to be served.   Alternate turnarounds in the residential complex were considered   This will be the end point of the #2 Whistler Creek route based on demand from 

passenger counts. 12. Cheakamus Crossing 

This is a growing neighbourhood and will be the endpoint of the Games Express route.  This area will take precedence over Function Junction in terms of the quantity of service 

provided. 13. Function Junction 

The area has matured into a light industrial area with limited population.    The current turnaround is double the distance of the old turnaround at Miller Creek 

Road (800 metres as opposed to 400 metres) with little additional ridership, therefore it is recommended that revising the route be considered. 

The amount of service will be dependent upon ridership data, though the amount of service will likely decline. 

14. Whistler Highway Express 

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This route changes from Gondola Exchange to Cheakamus and Spring Creek to a longer routing linking Alpine Meadows, the Village (via Northlands) and Creekside.  

Creekside is the primary destination with Cheakamus Crossing as the secondary and Function Junction the tertiary.  The amount of service south to each destination past Creekside is dependent on demand. 

The route stays primarily on the highway with diversions via Nester’s Mall and Northlands Drive. 

15. #2 Whistler Creek  This route will be the ski base link from Gondola Exchange to Creekside via Eva Lake 

Road.  Extensions to Tamarisk will be based on demand. 

16. #24 Alta Lake  With the move of the Hostel to Cheakamus, there is little rationale for this service.    It is proposed that this route be removed. 

17. #43 Alpine/Emerald Combined  This route was found to be somewhat confusing due to the alternating Nesters/Spruce 

Grove routing but may have relevance as a night route.  The service in its current form will be cut and hours redeployed into service on the 

Games Express and the #3 Emerald Estates during midday and early evening.  This route will remain as the late evening route for both areas. 

18. #77 Staff Housing  There are no changes to the routing  Seasons and times of day when the Excalibur is free (for staff and the general public 

without skis or snowboards to use when the Tube Park is open in the winter) the #77 service will be reduced given the ability for staff to use the chair lift.  There is also the option of using the #6 and walking between the Benchlands and staff housing. 

19. #33 Lost Lake Shuttle  There are no changes to this service that will operate 11 AM to 6PM during the summer 

season only from the Friday or Saturday closest to July 1st through Labour Day.  

The system (as shown on Page 5) will be developed out to determine the two scenarios:   Preferred System  ‐ unconstrained   Constrained System – this system must cost less that a net municipal share of $3.07 Million 

including municipal administration. 

Fare Considerations 

Currently the Village Shuttle is a free service offset by taxes collected for the purposes of enhancing the tourist experience while the #77 Staff Housing has had different pricing that has impacted the level of ridership.  Both services will be reviewed at a high level to determine existing ridership based on APC data and simple fare revenue forecasts will be provided at the $1 and $2 per trip rates. 

 

Appendix B – System Ratings 2010/11 

 

BC Transit System Performance Ratings 2010/11 

2010/11 AOA actuals

Boardings per Service hr

boardings per Service 

kmCost per Boarding

Cost Recovery

Passengers per capita

Boardings per Service hr

boardings per Service 

kmCost per Boarding Cost Recovery

Passengers per capita

TOTAL SCORE

Change from 2009/10

Division Ranking Population vehicles Passengers

Boardings (Including Transfers)

Annual Service Hours Annual km operating cost

Service hours per Capita

1 990 Victoria 38.7 1.84 $2.42 40.8% 70 4 4 4 4 4 20 0 Group A 356,200      292 24,848,829    31,061,036      801,971        16,843,011   $75,067,515 2.252 821 Kamloops 45.6 1.85 $2.06 34.8% 46 4 4 4 3 4 19 ‐1 Group A 76,000        46 3,469,666       4,337,083        95,012           2,349,685      $8,927,464 1.253 861 Prince Rupert 47.6 2.66 $1.98 35.2% 27 4 4 4 4 3 19 1 Group A 13,600        5 366,823           458,529            9,635             172,468         $907,983 0.714 857 Prince George 39.1 1.74 $2.31 30.0% 32 4 4 4 3 4 19 4 Group A 60,100        27 1,943,921       2,429,901        62,090           1,394,181      $5,622,880 1.035 875 Whistler 52.3 2.27 $2.32 28.2% 290 4 4 4 2 4 18 1 Group A 10,700        30 3,106,000       3,882,500        74,284           1,711,071      $9,021,135 6.946 866 Sunshine Coast* 36.2 0.95 $2.54 46.4% 23 4 2 3 4 3 16 ‐1 Group A 20,600        6 484,076           605,095            16,732           638,488         $1,539,671 0.817 824 Kelowna Regional 34.2 1.20 $2.63 28.9% 38 3 3 3 2 4 15 1 Group A 125,300      73 4,763,139       5,953,924        174,165        4,946,648      $15,643,504 1.39

Group A Average 43.3 1.88 $2.27 35.9% 81.4 4.0 3.7 3.8 3.3 3.7 19 Totals 537,200     406             34,219,315   42,774,144     1,059,724    23,108,904  $101,086,649 2.179 801 Central Fraser Valley 30.6 1.25 $2.68 29.3% 19 3 3 3 3 2 14 2 Group B 124,700      39 2,341,596       2,926,995        95,748           2,350,667      $7,835,691 0.778 841 Nanaimo Regional* 32.2 1.47 $3.23 31.8% 27 3 3 2 3 3 14 ‐2 Group B 98,500        42 2,615,387       3,269,234        101,648        2,216,476      $10,564,941 1.03

10 804 Campbell River 33.2 1.12 $2.58 30.5% 18 3 2 3 3 2 13 0 Group B 30,900        9 558,885           698,606            21,059           624,102         $1,800,167 0.6811 844 Nelson* 28.4 1.18 $3.06 26.8% 20 2 3 2 2 2 11 0 Group B 14,000        6 273,117           341,396            12,013           288,494         $1,044,782 0.8612 831 Kootenay Boundary (Trail) 33.1 1.17 $3.89 17.0% 23 3 3 2 1 3 12 2 Group B 13,000        13 300,331           375,414            11,332           322,220         $1,459,372 0.8713 851 Port Alberni 31.7 1.30 $3.85 19.2% 17 3 3 2 1 2 11 0 Group B 18,500        5 311,546           389,433            12,289           300,114         $1,500,733 0.6614 867 Terrace Regional 29.8 1.07 $2.54 26.8% 14 2 2 3 2 1 10 ‐2 Group B 14,300        3 199,267           249,084            8,349             233,416         $633,356 0.5815 811 Chilliwack 28.8 1.22 $2.76 26.5% 9 2 3 3 2 0 10 0 Group B 53,100        5 491,358           614,198            21,290           504,705         $1,697,197 0.40

Group B Average 32.5 1.26 $2.91 29.0% 26.3 3.0 3.0 3.0 3.0 3.0 15 Totals 1,029,500  601             46,073,941   57,592,426     1,517,617    34,895,746  $143,266,392 0.94          16 812 Comox Valley 29.8 1.12 $2.94 24.0% 13 2 2 3 1 1 9 1 Group C 45,700        12 600,128           750,160            25,209           672,785         $2,202,327 0.5517 775 Salt Spring Island 19.9 0.64 $2.98 40.9% 6 1 1 3 4 0 9 1 Group C 10,700        3 64,250             80,313              4,041             124,953         $239,423 0.3818 748 Pemberton 28.3 1.23 $6.25 33.2% 6 2 3 1 3 0 9 Group C 8,600           1 51,987             64,984              2,295             52,785           $406,300 0.2719 735 Port Edward 23.0 0.52 $4.26 23.4% 49 1 1 1 1 4 8 Group C 700              1 34,460             43,075              1,874             82,987           $183,394 2.6820 871 Vernon Regional 21.9 0.97 $4.04 27.0% 11 1 2 1 2 1 7 ‐2 Group C 37,600        10 405,271           506,589            23,083           519,692         $2,045,554 0.6121 847 Penticton 22.8 1.07 $3.76 24.0% 14 1 2 2 1 1 7 0 Group C 29,200        8 413,257           516,571            22,702           481,126         $1,944,158 0.7822 810 Cranbrook 23.9 1.07 $3.48 20.5% 12 1 2 2 1 1 7 0 Group C 19,500        5 235,357           294,196            12,299           275,671         $1,023,865 0.6323 854 Powell River* 23.3 0.84 $3.90 19.4% 14 1 1 2 1 1 6 ‐3 Group C 13,900        5 200,590           250,738            10,753           299,253         $977,600 0.77

Group C Average 24.1 0.9 4.0 26.6% 15.7 1 2 2 2 2 9.0 Totals 165,900     45                2,005,300      2,506,625       102,256        2,509,252     $9,022,621 0.83          24 865 Squamish 23.9 0.81 $4.97 24.0% 13 1 1 1 1 1 5 1 Group D 16,200        7 202,558           253,198            10,577           313,380         $1,258,042 0.6525 805 Cowichan Valley Commuter 17.1 0.44 $11.07 41.7% 4 1 0 0 4 0 5 Group D 16,200        8 62,119             77,649              4,535             175,590         $859,735 0.2826 814 Dawson Creek 18.9 0.84 $6.84 11.5% 13 1 1 1 0 1 4 0 Group D 10,800        4 137,068           171,335            9,047             204,702         $1,172,395 0.8427 827 Kitimat 17.7 0.68 $5.36 13.9% 15 1 1 1 0 1 4 ‐2 Group D 9,600           6 143,616           179,520            10,170           264,368         $961,334 1.0628 766 Salmon Arm (Shuswap) 12.4 0.51 $6.27 15.9% 4 1 1 1 1 0 4 Group D 28,000        117,889           147,361            11,886           291,227         $924,190 0.4229 813 Cowichan Valley 17.2 0.49 $4.79 19.0% 8 1 0 1 1 0 3 0 Group D 38,500        11 318,506           398,133            23,150           809,774         $1,905,540 0.6030 763 Quesnel 11.4 0.49 $5.69 25.7% 3 0 0 1 1 0 2 Group D 23,200        8 80,750             100,938            8,887             204,401         $574,810 0.3831 817 Fort St. John 14.6 0.64 $9.41 7.8% 7 1 1 0 0 0 2 2 Group D 17,700        5 129,201           161,501            11,086           251,736         1,519,533.01 0.6332 876 Sea to Sky 15.2 0.35 $10.08 14.1% 4 1 0 0 0 0 1 ‐6 Group D 15,200        4 53,433             66,791              4,380             192,720         $673,065 0.29

Group D Average 16.6 0.61 $6.80 19.9% 8.4 1 1 1 1 0 4.0 Totals 160,200.0  49.0            1,191,707.0  1,489,633.8    89,338.0      2,515,178.0 9,175,579.2  0.6133 772 Williams Lake 11.1 0.48 $7.07 12.6% 6 0 0 0 0 0 0 Group E 11,900        4 75,867             94,834              8,510             195,730         $670,666 0.7234 706 Castlegar 8.4 0.37 $10.79 10.1% 4 0 0 0 0 0 0 Group E 10,500        6 39,105             48,881              5,813             133,699         $527,326 0.5535 745 Okanagan‐Similkameen 7.0 0.22 $9.42 13.5% 4 0 0 0 0 0 0 Group E 2,300           1 9,622               12,028              1,717             54,315           $113,327 0.75

Group E Average 11.7 0.4 $8.83 14.0% 5.2 0 0 0 0 0 0 Totals 23,200       8                  80,750            100,938           8,887            204,401        $574,810 0.60BCT Average 25.5 1.0 4.9 25.6% 24.6 2 2 1 1 3 9 56,449       31                2,127,091      2,658,864       73,291          1,690,813     6,961,620     1               BCT Total 2,314,400  1,233          87,210,724   109,013,405   3,004,948    69,323,344  285,426,414*Muncipally run systems.  Costing is based on information provided to BCT and may not include all internal municipal charges outside of the AOA.  

Provincial Allocation of Funding  ‐ Targets Performance Criteria and Threshold Scoring Points Required Points

Custom and Paratransit Transit Services 16.00% Group A 15+ 4 3 2 1 0Group A 68.00% Group B  10 ‐ 14 Boardings per service hour > 35.0 30.0 ‐ 34.9 25.0 ‐ 29.9 12.0 ‐ 24.9 <12Group B 10.00% Group C 5 ‐ 9 Boardings per service kilometre >1.5  1.15 ‐ 1.50 0.9 ‐ 1.149 0.50 ‐ 0.89 <0.5Group C 4.00% Group D 1 ‐4 Cost per Boarding <$2.50 $2.51 ‐ $3.00 $3.01 ‐ $4.00 $4.01 ‐ $7.00 >$7.00Group D 2.00% Group E 0 Cost recovery >35% 29% ‐ 34.9% 26% ‐ 28.9% 15% ‐ 25.9% < 15%Group E 0.00% Passengers per Capita >30 20‐29.9 15‐19.9 10‐14.9 <10Total 100.00%

Group Pointing

Performance Measures Scoring

32 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

 

Appendix C – Route Ratings 

Weekday 

Whistler Transit System

Boardings per Revenue Hr

Boardings per Route Km

Boardings per Trip

Productivity (Rev hrs/ Service hrs)

Maximum Load on Route

Trip Time Variability

 Daily Average Speed (kph)

Minimum Travel Speed

Boardings per Service Hr

Boardings per service Km

Average Boardings per Trip

Productivity (Rev hrs/ Service hrs)

Maximum Load on Route

Trip Time Variability

 Daily Average Speed (kph)

TOTAL SCORE Placement

Candidate Routes for Continuous Improvement2 Whistler Creek 33.8 1.23 13.1 77% 11 22.1% 27 6 6 1 3 1 8 6 31 Continuous

Candidate Routes for Preventative Action 

6 Upper Village Shuttle 45.2 2.51 12.8 74% 24 43.6% 18 8 8 1 2 2 2 2 25 Preventative

43 Alpine/Emerald Combined 27.9 1.28 10.6 86% 9 19.0% 22 4 6 1 4 0 8 4 27 Preventative

1 Games Express 28.5 1.04 10.8 78% 19 15.7% 27 4 4 1 3 1 8 6 27 Preventative

77 Staff Housing 56.6 5.90 9.4 70% 19 24.5% 10 8 8 0 2 1 8 0 27 Preventative

4 Alpine Meadows 29.7 1.34 9.2 78% 12 9.9% 22 4 6 0 3 1 8 4 26 Preventative

7 Tapley's Connector 22.9 1.19 8.3 79% 23 5.4% 19 2 6 0 3 2 8 2 23 Preventative

3 Emerald Estates 21.8 0.81 7.2 86% 15 13.5% 27 2 2 0 4 1 8 6 23 Preventative

Candidate Routes for Corrective Action

5 Village Shuttle/ Marketplace 59.8 3.33 10.0 66% 21 69.7% 18 8 8 0 1 2 0 2 21 Corrective

24 Alta Lake Road 3.7 0.12 1.6 90% 1 0.0% 30 0 0 0 4 0 8 8 20 Corrective

System Total 34.5 1.5 10.5 77% 18% 22.8

Performance Criteria and Threshold Scoring Points Required Points

Routes for Continuous Improvement 30+ Routes that are good performers and should be enhanced 4 3 2 1 0Candidate routes for preventative action  22 ‐ 29 Routes that need to be reviewed for issues Boardings per service hour > 35.0 30.0 ‐ 34.9 25.0 ‐ 29.9 12.0 ‐ 24.9 <12Candidate Routes for Corrective Action 0 ‐ 21 Routes that need action to retain service level Boardings per service kilometre >1.5  1.15 ‐ 1.50 0.9 ‐ 1.149 0.50 ‐ 0.89 < 0.5

Average Boardings per Trip > 40 30 ‐ 39 20 ‐ 29 10 ‐ 19 < 10Productivity (Rev/Service hrs) > 80%  75% ‐ 79% 70% ‐ 74% 65% ‐ 69% < 65%

Maximum Load on Route > 50  40 ‐ 49 20 ‐ 39 10 ‐ 19 < 10Trip Time Variability < 25% 25% ‐ 34% 35% ‐ 39% 40% ‐ 59% >59%

Minimum Average Speed > 28 27 ‐ 24 23 ‐ 20 19 ‐ 16 < 16%

Transit Effectiveness Program Route Rankings November 2010 ‐ February 2011)

Division Pointing

Performance Measures Scoring

 

Saturday 

33 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

Weighting 2 2 1 1 1 2 2 Saturday

Route No

Boardings per Revenue Hr

Boardings per Route Km

Boardings per Trip

Productivity (Rev hrs/ Service hrs)

Maximum Load on Route

Trip Time Variability

Daily Average Speed (kph)

Minimum Travel Speed

Boardings per Service Hr

Boardings per service Km

Average Boardings per Trip

Productivity (Rev hrs/ Service hrs)

Maximum Load on Route

Trip Time Variability

Daily Average Speed (kph)

TOTAL SCORE Placement

1 Games Express 45.5 1.66 17.2 78% 8 8 1 3 0 8 0 28 Preventative

2 Whistler Creek 45.3 1.66 17.5 77% 8 8 1 3 0 8 0 28 Preventative

Candidate Routes for Preventative Action 

6 Upper Village Shuttle 56.3 3.13 16.0 74% 18 8 8 1 2 0 8 0 27 Preventative

5 Village Shuttle/ Marketplace 58.5 3.71 11.1 75% 16 8 8 1 2 0 8 0 27 Preventative

77 Staff Housing 54.5 5.67 9.1 70% 10 8 8 0 2 0 8 0 26 Preventative

Candidate Routes for Corrective Action

7 Tapley's Connector 25.2 1.31 9.2 79% 19 4 6 0 3 0 8 0 21 Corrective

4 Alpine Meadows 31.4 1.41 9.7 6 6 0 0 0 8 0 20 Corrective

43 Alpine/Emerald Combined 19.0 0.87 7.3 86% 22 2 2 0 4 0 8 0 16 Corrective

3 Emerald Estates 14.5 0.54 4.8 2 2 0 0 0 8 0 12 Corrective

24 Alta Lake Road 0.0 0.00 0.0 90% 30 0 0 0 4 0 8 0 12 Corrective

System Total 39.4 1.7 12.1 78%

Transit Effectiveness Program Route Rankings November 2010 ‐ February 2011)

Performance Measures Scoring

 

34 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

Weighting 2 2 1 1 Sunday

Route No

Boardings per Revenue Hr

Boardings per Route Km

Boardings per Trip

Productivity (Rev hrs/ Service hrs)

Boardings per Service Hr

Boardings per service Km

Average Boardings per Trip

Productivity (Rev hrs/ Service hrs)

TOTAL SCORE Placement

Candidate Routes for Preventative Action 1 Games Express 41.3 1.50 15.6 78% 8 8 1 3 28 Preventative

2 Whistler Creek 42.4 1.55 16.4 77% 8 8 1 3 28 Preventative

4 Alpine Meadows 33.6 1.51 10.4 78% 6 8 1 3 26 Preventative

5 Village Shuttle/ Marketplace 64.5 3.59 10.8 66% 8 8 1 1 26 Preventative

6 Upper Village Shuttle 55.5 3.08 15.7 74% 8 8 1 2 27 Preventative

7 Tapley's Connector 34.4 1.79 12.5 79% 6 8 1 3 26 Preventative

77 Staff Housing 30.0 3.13 5.0 70% 6 8 0 2 24 Preventative

Candidate Routes for Corrective Action

3 Emerald Estates 23.8 0.89 7.9 86% 2 2 0 4 16 Corrective

24 Alta Lake Road 2.3 0.08 1.0 90% 0 0 0 4 12 Corrective

43 Alpine/Emerald Combined 23.7 1.09 9.1 86% 2 4 0 4 18 Corrective

System Total 39.8 2.0 10.8 0.8

fectiveness Program Route Rankings November 2010 ‐ Febru

Performance Measures Scoring

35 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1  

Sunday 

 

 

Appendix D – Comparable Resorts 

Aspen CO 

Local

Operated by Roaring Fork Transportation Authority 

Service area:

City of Aspen

Snowmass Village

Aspen Mountain, Aspen Highlands, Buttermilk and Snowmass ski resorts

Routes:

5 year round routes

3 seasonal routes Service:

365 days per year

20 hours per day (6 am – 2 am)

1030 minute frequencies all day Free service (no fare)

Ridership:

900,000 rides/year on year round routes

120,000 rides/year on seasonal routes

Regional

Operated by Roaring Fork Transportation Authority

Service area:

Pitkin County + part of Eagle County

90 km length Routes:

Valley route between Aspen and Glenwood Springs is spine of system

7 other regional routes Service:

365 days per year

Hours and frequencies of service vary Ridership:

1,740,000 rides/year on valley route

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1,150,000 rides/year on other routes

Jackson WY Regional Local

Operated by Teton County Operated by Teton County 

Service area: Service area: 

Jackson Hole ski resort and Teton Village (20 km from Town of Jackson) 

Town of Jackson Routes: 

Teton County  Town shuttle  Routes: Service: 

3 routes to Jackson Hole/Teton Village  7 days per week in winter 

2 other regional routes  16 hours per day (7 am – 11 pm)  Service:  30 minute frequency all day 

7 days per week in winter Free service (no fare) 

18 hours per day (5 am – 11 pm) Ridership: 

15–20 min peak period service to Jackson Hole/Teton Village  800,000+ rides/year on local and regional 

routes 

  

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Mammoth CA Local

Operated by: 

Eastern Sierra Transit Authority (year round routes) 

Mammoth Mountain Ski Area (seasonal routes) 

Service area: 

Town of Mammoth Lakes 

Mammoth Mountain ski resort Routes: 

Town Trolley (seasonal) 

5 other seasonal routes 

2 year round routes Service: 

365 days per year 

20 hours per day (6 am – 2 am) on Town Trolley, up to 11 hours per day on other local routes 

1560 minute frequencies all day Free service (no fare)  

Ridership: 

330,000 rides/year on year round routes 

784,000 rides/year on seasonal routes 

 

Regional

Operated by Eastern Sierra Transit Authority 

Service area: 

Inyo and Mono counties 

Reno NV 

600 km length Routes: 

9 regional routes Service: 

2–5 weekdays per week, no weekends 

Hours and frequencies of service vary Ridership: 

200,000 rides/year 

 

38 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

 

Sun Valley ID Local

Operated by Mountain Rides 

Service area: 

City of Sun Valley 

City of Ketchum 

Sun Valley ski resort 

 

Routes: 

3 year round routes 

3 seasonal routes Service: 

365 days per year 

Up to 15 hours per day (7 am – 10 pm) 

15–60 minute peak frequencies Free service (no fare) 

Ridership: 

260,000 rides/year on local routes 

Regional

Operated by Mountain Rides 

Service area: 

Blaine County 

70 km length Routes: 

2 regional routes Service: 

365 days per year 

Hours and frequencies of service vary Ridership: 

160,000 rides/year on regional routes 

39 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

Vail CO Local

Operated by Town of Vail 

Service area: 

Town of Vail 

Vail Mountain ski resort Routes: 

8 local routes Service: 

365 days per year 

20 hours per day (6 am – 2 am) 

7–40 minute peak, 20–60 minute off‐peak frequencies 

Free service (no fare) 

Ridership: 

21,000 rides/day average in winter 

40,000+ rides/day maximum in winter Funding: 

Operating costs are fully funded by 4% lift ticket tax 

Regional

Operated by Eagle County 

Service area: 

Eagle County 

120 km length Routes: 

6 regional routes Service: 

365 days per year 

21 hours per day Ridership: 

950,000 rides/year  

 

 

40 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

Appendix E – Route Maps 

DRAFT 32

1 Village Connector• Serves as the spine • Not a pure highway express due 

to need to service Nordic/Eva Lake Road

• Combines #4 Alpine with #2 Whistler Creek

• Routes via Northlands not Gondola Exchange

• Main terminus is Cheakamus Crossing not Function Junction

• Serves Emerald as limited extension

 

41 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

DRAFT 33

2 Games Express• New terminus at Tamarisk 

instead of Function

• Routes via highway rather than Eva Lake Road/Nordic

• Alta Vista inbound to Village

• Summer/Winter service• NO service in FC option 

Impacted stops

 

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43 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

DRAFT

Emerald Estates

• Extension of the #1 Village Connector

• Limited service based on demand

1

44 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

DRAFT

5 Marketplace Shuttle• Replaces Village Shuttle 

with smaller loop• Operates in off‐peak only 

(9AM to 4PM) as a skier shuttle between Gondola Exchange and Northlands/Marketplace in MA option

• No service in FC option

35

45 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

DRAFT 36

6 Upper Village Shuttle• No change to routing

• Improved daytime service in winter in Minimumally Acceptable option

46 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

DRAFT 37

7 Tapley’s

• Blueberry Drive section removed

• Should increase usage through Tapleys with direct service to town

Removed stops

47 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

DRAFT 38

77 Staff Housing• No change in route

• Remove service 9AM to 3 PM when staff and public (without skis) can use the Excalibur because tube park is open in the MA option

• Service limited in FC option

48 | P a g e   W h i s t l e r   T r a n s i t   S e r v i c e   R e v i e w   ‐   2 0 1 1   

DRAFT 39

10 Spruce Grove

• New off peak route

• Serves Spruce Grove and White/Gold Estates plus Nesters in off peak periods

 

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Appendix F– Automatic Passenger Count Data 

Example of Trip and Stop Data 

ON OFF ON OFF ON OFF ON OFF ON OFF606 0 0 0 0 0 0 0 1 0 2

620 0 0 0 0 0 0 0 3 0 3

651 0 0 0 0 0 0 0 2 0 2

704 0 0 0 0 0 0 0 3 0 3

721 0 0 0 0 0 0 0 0 0 0

736 0 0 0 0 0 0 0 6 0 6

751 1 0 0 0 0 0 0 4 1 4

806 1 0 0 0 0 0 0 1 1 1

821 0 1 0 1 0 1 1 9 1

836 0 0 0 0 0 0 0 3 0 3

851 1 0 0 0 0 0 0 1 1 2

906 0 0 0 0 0 0 0 1 0 1

921 1 0 0 0 0 0 0 1 1 2

936 0 0 0 0 0 0 0 1 0 1

951 0 0 0 1 0 0 0 4 0 5

1451 0 0 0 0 0 0 0 1 0 1

1506 0 1 0 0 0 0 0 1 0 2

1521 0 1 0 0 0 0 0 4 0 5

1536 0 0 0 0 0 0 0 2 0 3

1551 0 1 0 0 0 0 0 1 0 2

1606 1 1 0 0 0 0 0 4 1 6

1621 0 1 0 0 0 0 0 2 0 3

1636 0 1 0 0 0 0 0 1 0 2

1651 0 1 0 0 0 0 0 3 0 4

1706 0 0 0 0 0 0 0 3 0 3

1721 0 0 0 0 0 0 0 1 0 1

1736 0 2 0 1 0 0 0 2 0 5

1751 0 0 0 0 0 0 0 2 0 3

1806 0 0 0 0 0 0 0 1 0 1

1821 0 0 0 0 0 0 0 2 0 3

1836 0 0 0 0 0 0 0 2 0 2

1906 0 1 0 0 0 0 0 2 0 3

1921 1 0 0 1 0 0 0 1 1 1

1936 0 0 0 1 0 0 0 2 0 3

2006 0 1 0 0 0 0 0 3 0 4

2036 0 0 0 0 0 0 0 4 0 5

2106 0 1 0 0 0 0 0 4 0 4

2136 0 1 0 0 0 0 0 3 0 4

6 13 0 7 0 3 2 92 7

TRIP

TOTAL

BC TRANSIT

************************ROUTE # 003 ‐ TRIPS WITH 2 OR MORE SAMPLES

WEEKDAY SERVICESEGMENT RIDERSHIP SUMMARY REPORT

NOV 25, 2010 ‐ FEB 04, 2011 PERIOD(PART FALL 2010 DATA)

DIRECTION 4

TRIPDEPARTTIME

0102:EMLDPINE‐RAINESTA

0203:RAINESTA‐MEADPARK

0304:MEADPARK‐SPRCGROV

0405:SPRCGROV‐GONDEXCH TOTAL

11

115

TRIP

ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF ON OFF001: Gondola_Transit_Exchange(T

102448 0 1 0 1 0 1 0 1 0 1 0 2 0 1 0 1 0 1 0 2 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0

002: WB_Village Gate_FS_Gateway

102456 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0

003: NB_Northlands_FS_Main 102462 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

004: NB_Northlands_NS_Lorimer

102466 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

005: WB_Lorimer_FS_Northlands

102479 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

006: NB_Lorimer_NS_St Andrews

102496 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

007: WB_6180_BLOCK_Lorimer

102520 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0

008: WB_Lorimer_FS_Balsam

102526 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 1 0 0 0 1 0 1 0 1 0 1

009: SB_Crabapple_FS_Cedar

102528 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

010: SB_Crabapple_NS_Tapley

102525 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

011: SB_Crabapple_NS_Barnfield(

102529 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 1 0 0

012: SB_Beaver_FS_Crabapple

102521 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0

013: SB_Blueberry_NS_Falcon(TP

102497 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

014: SB_Blueberry_NS_Ptarmigan

102494 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 2 0 1

015: SB_Blueberry_NS_ST Anton

102502 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0

016: EB_99_FS_Brio Entrance

102493 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

016: WB_99_FS_Blueberry 102509 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

017: EB_99_FS_Panorama 102483 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

018: EB_Village Gate_NS_Gateway

102455 0 0 0 0 0 2 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 2 0 2 0 1 0 0 0 2 0 1 0 2 0 1

019: NB_Alpine_NS_Alta Vista

102531 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

020: NB_Archibald_FS_Carleton(T

102524 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

021: EB_Archibald_NS_St Anton

102513 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

022: EB_St Anton_FS_Tyrol 102511 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 2 0 1 0 4 0 2 0 2 0 4 0 4 0 3 0 2 0 3 0 5 0 5 0 4 0 2 0 5 0 5 0 7 0 4TOTAL

1335 1407 1423 14391123 1156 1229 1302831 854 901 944

UNIQUE SEQ"ID ID : NAME

625 653 714 726 748 801

 

 

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APPENDIX BWhistler Transit Service Review Comment Form Results

Based on a public input conducted June, July 2011

Question 1 Which of the following best describes your Whistler resident status?

Permanent 119 95.2%Seasonal 4 3.2%Weekend Resident 2 1.6%Visitor 0 0.0%Total 125 100.0%No Response 1 0.8%

Seasonal3% Weekend

Resident2%Visitor

0%

Residency Status

Permanent95%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 1

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 2 Why do you use the bus in Whistler? (Please rank all that apply with 1 being

Work 83 30.3%Social / Recreational 88 32.1%Medical / Dental 32 11.7%Shopping 51 18.6%Other 20 7.3%Total 274 100.0%No Response 10 3.5%

Work30%

Shopping19%

Other7%

Trip Purpose

Social / Recreational

32%Medical / Dental

12%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 2

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 3 Where do you live?

General Specific Count PercentWhistler Village 2 1.7%Spruce Grove/White Gold 7 5.8%Nordic Estates 7 5.8%Staff Housing/Glacier Dr. 3 2.5%Nesters 1 0.8%Whistler Creekside 11 9.2%Benchlands 5 4.2%Tapleys/Blueberry 9 7.5%Tamarisk 4 3.3%Emerald Estates 10 8.3%Brio 2 1.7%Bayshores/Millar's Pond 8 6.7%Alpine Meadows 13 10.8%Alta Vista 7 5.8%Spring Creek 7 5.8%Function Junction 2 1.7%Rainbow 2 1.7%Cheakamus Crossing 13 10.8%Oth 7 5 8%Other 7 5.8%

Total 120 100.0%No Response 4 3.2%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 3

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 4 When using transit, what are your usual destinations? (Select all that apply)

General Specific Count PercentWhistler Village 113 37.9%Spruce Grove/White Gold 11 3.7%Nordic Estates 11 3.7%Staff Housing/Glacier Dr. 8 2.7%Nesters 22 7.4%Whistler Creekside 30 10.1%Benchlands 9 3.0%Tapleys/Blueberry 5 1.7%Tamarisk 2 0.7%Emerald Estates 7 2.3%Brio 0 0.0%Bayshores/Millar's Pond 5 1.7%Alpine Meadows 25 8.4%Alta Vista 1 0.3%Spring Creek 7 2.3%Function Junction 28 9.4%Rainbow 4 3.3%Cheakamus Crossing 6 5.0%Other 4 1.3%

Total 298 100.0%No Response 4 1.3%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 4

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 5 On average, how frequently do you ride the bus in the winter?

Every day 38 31.1%4-6 times a week 24 19.7%2-3 times a week 16 13.1%2-4 times a month 16 13.1%less than 2 times a month 17 13.9%Never 11 9.0%Total 122 100.0%No Response 2 1.6%

Every day31%

less than 2 times a month

14%

Never9%

Frequency of use Winter

4-6 times a week20%

2-3 times a week13%

2-4 times a month13%

14%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 5

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 6 On average, how frequently do you ride the bus in the summer?

Every day 21 17.2%4-6 times a week 21 17.2%2-3 times a week 19 15.6%2-4 times a month 23 18.9%less than 2 times a month 26 21.3%Never 12 9.8%Total 122 100.0%No Response 2 1.6%

Every day17%

4 6 ti kless than 2 times

Never10%

Frequency of use - Spring/Sumemr/Fall

4-6 times a week17%

2-3 times a week16%2-4 times a month

19%

less than 2 times a month

21%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 6

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 7 What other transportation options are usually available to you? (Please che

Vehicle (Driver) 72 22.9%Vehicle (Passenger) 40 12.7%Taxi 25 8.0%Walk 71 22.6%Bicycle 86 27.4%Motorcycle 5 1.6%Other 7 2.2%No other options 8 2.5%Total* 314 100%No Response 2 0.6%

*If respondents selected more than one choice, all were counted.

Other Transportation Options

Vehicle (Driver)23%

Vehicle (Passenger)

13%

Taxi8%

Walk23% Bicycle

27%

Motorcycle2%Other

2%No other options

2%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 7

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 8a How satisfied are you with the following new Average score: 3.51- Village Connector (Alpine - Cheakamus)

Very satisfied 19 18.6% 43.1% satisfiedSatisfied 25 24.5%Neutral 14 13.7%Dissatisfied 13 12.7% 17.6% dissatisfiedVery dissatisfied 5 4.9%Don't use 26 25.5%Total 102 100.0%No Response 24 19.0%

Question 8b How satisfied are you with the following new Average score: 3.12-Games Express (Village to Tamarisk)

Very satisfied 9 8.9% 24.8% satisfiedSatisfied 16 15.8%Neutral 13 12.9%Dissatisfied 17 16.8% 22.8% dissatisfiedVery dissatisfied 6 5.9%Don't use 40 39.2%Total 101 99 0%Total 101 99.0%No Response 25 19.8%

Question 8c How satisfied are you with the following new Average score: 2.93-Emerald Estates (extension of Village Connector)

Very satisfied 2 2.0% 14.3% satisfiedSatisfied 12 12.2%Neutral 9 9.2%Dissatisfied 11 11.2% 15.3% dissatisfiedVery dissatisfied 4 4.1%Don't use 60 58.8%Total 98 100.0%No Response 28 22.2%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 8

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 8d How satisfied are you with the following new Average score: 3.110-Spruce Grove (daytime only)

Very satisfied 3 3.2% 11.7% satisfiedSatisfied 8 8.5%Neutral 13 13.8%Dissatisfied 5 5.3% 8.5% dissatisfiedVery dissatisfied 3 3.2%Don't use 62 60.8%Total 94 100.0%No Response 32 25.4%

Question 8e How satisfied are you with the following new Average score: 3.15-Marketplace Shuttle (small loop)

Very satisfied 5 5.3% 18.9% satisfiedSatisfied 13 13.7%Neutral 13 13.7%Dissatisfied 4 4.2% 11.6% dissatisfiedVery dissatisfied 7 7.4%Don't use 53 52.0%Total 95 100 0%Total 95 100.0%No Response 31 24.6%

Question 8f How satisfied are you with the following new Average score: 3.36-Upper Village/Benchlands Shuttle

Very satisfied 6 6.5% 16.1% satisfiedSatisfied 9 9.7%Neutral 14 15.1%Dissatisfied 5 5.4% 7.5% dissatisfiedVery dissatisfied 2 2.2%Don't use 57 55.9%Total 93 100.0%No Response 33 26.2%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 9

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 8g How satisfied are you with the following new Average score: 3.17-Tapleys (two way)

Very satisfied 6 6.7% 12.2% satisfiedSatisfied 5 5.6%Neutral 12 13.3%Dissatisfied 5 5.6% 11.1% dissatisfiedVery dissatisfied 5 5.6%Don't use 63 61.8%Total 96 106.7%No Response 30 25.0%

Question 8h How satisfied are you with the following new Average score: 2.977- Staff Housing (no change)

Very satisfied 3 3.3% 10.0% satisfiedSatisfied 6 6.7%Neutral 6 6.7%Dissatisfied 6 6 7% 11 1% dissatisfiedDissatisfied 6 6.7% 11.1% dissatisfiedVery dissatisfied 4 4.4%Don't use 70 68.6%Total 95 105.6%No Response 31 25.6%

Question 8i How satisfied are you with the following new Average score: 3.833-Lost Lake Shuttle (no change)

Very satisfied 12 13.3% 28.9% satisfiedSatisfied 14 15.6%Neutral 11 12.2%Dissatisfied 2 2.2% 4.4% dissatisfiedVery dissatisfied 2 2.2%Don't use 53 52.0%Total 94 104.4%No Response 32 26.2%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 10

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 8j How satisfied are you with the following new Average score: 2.724-Alta Lake Route (extinguished)

Very satisfied 2 2.2% 6.7% satisfiedSatisfied 4 4.4%Neutral 10 11.1%Dissatisfied 5 5.6% 11.1% dissatisfiedVery dissatisfied 5 5.6%Don't use 69 67.6%Total 95 105.6%No Response 31 25.6%

Question 8k How satisfied are you with the following new Average score: 2.9Upper Nordic Shuttle (proposed)

Very satisfied 2 2.2% 7.8% satisfiedSatisfied 5 5.6%Neutral 12 13.3%Dissatisfied 5 5.6% 8.9% dissatisfiedVery dissatisfied 3 3 3%Very dissatisfied 3 3.3%Don't use 63 61.8%Total 90 100.0%No Response 36 28.6%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 11

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Winter Frequencies

Question 9a How satisfied are you with the following new Average score: 3.51- Village Connector (Alpine - Cheakamus)

Very satisfied 13 12.7% 40.2% satisfiedSatisfied 28 27.5%Neutral 19 18.6%Dissatisfied 11 10.8% 14.7% dissatisfiedVery dissatisfied 4 3.9%Don't use 0 0.0%Total 75 73.5%No Response 51 33.3%

Question 9b How satisfied are you with the following new Average score: 3.12-Games Express (Village to Tamarisk)

Very satisfied 6 5.9% 24.8% satisfiedSatisfied 19 18.8%Neutral 22 21.8%Dissatisfied 11 10.9% 16.8% dissatisfiedVery dissatisfied 6 5.9%

%Don't use 0 0.0%Total 64 62.7%No Response 61 37.7%

Question 9c How satisfied are you with the following new Average score: 2.73-Emerald Estates (extension of Village Connector)

Very satisfied 2 2.0% 13.3% satisfiedSatisfied 11 11.2%Neutral 24 24.5%Dissatisfied 12 12.2% 23.5% dissatisfiedVery dissatisfied 11 11.2%Don't use 0 0.0%Total 60 61.2%No Response 65 39.9%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 12

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 9d How satisfied are you with the following new Average score: 310-Spruce Grove (daytime only)

Very satisfied 4 4.3% 12.8% satisfiedSatisfied 8 8.5%Neutral 27 28.7%Dissatisfied 8 8.5% 12.8% dissatisfiedVery dissatisfied 4 4.3%Don't use 0 0.0%Total 51 54.3%No Response 75 44.4%

Question 9e How satisfied are you with the following new Average score: 35-Marketplace Shuttle (small loop)

Very satisfied 6 6.3% 18.9% satisfiedSatisfied 12 12.6%Neutral 17 17.9%Dissatisfied 12 12.6% 20.0% dissatisfiedVery dissatisfied 7 7.4%Don't use 0 0.0%Total 54 56 8%Total 54 56.8%No Response 72 43.1%

Question 9f How satisfied are you with the following new Average score: 36-Upper Village/Benchlands Shuttle

Very satisfied 3 3.2% 18.3% satisfiedSatisfied 14 15.1%Neutral 23 24.7%Dissatisfied 6 6.5% 12.9% dissatisfiedVery dissatisfied 6 6.5%Don't use 0 0.0%Total 52 55.9%No Response 74 44.3%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 13

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 9g How satisfied are you with the following new Average score: 3.233-Lost Lake Shuttle (no change)

Very satisfied 8 8.9% 21.1% satisfiedSatisfied 11 12.2%Neutral 17 18.9%Dissatisfied 4 4.4% 12.2% dissatisfiedVery dissatisfied 7 7.8%Don't use 0 0.0%Total 47 52.2%No Response 79 46.7%

Question 9h How satisfied are you with the following new Average score: 3.17-Tapleys (two way)

Very satisfied 7 7.8% 20.0% satisfiedSatisfied 11 12.2%Neutral 22 24.4%Dissatisfied 7 7 8% 15 6% dissatisfiedDissatisfied 7 7.8% 15.6% dissatisfiedVery dissatisfied 7 7.8%Don't use 0 0.0%Total 54 60.0%No Response 72 44.4%

Question 9i How satisfied are you with the following new Average score: 3.377- Staff Housing (no change)

Very satisfied 7 7.8% 20.0% satisfiedSatisfied 11 12.2%Neutral 26 28.9%Dissatisfied 2 2.2% 7.8% dissatisfiedVery dissatisfied 5 5.6%Don't use 0 0.0%Total 51 56.7%No Response 75 45.5%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 14

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 9j How satisfied are you with the following new Average score: 2.624-Alta Lake Route (extinguished)

Very satisfied 4 4.4% 5.6% satisfiedSatisfied 1 1.1%Neutral 29 32.2%Dissatisfied 7 7.8% 18.9% dissatisfiedVery dissatisfied 10 11.1%Don't use 0 0.0%Total 51 56.7%No Response 75 45.5%

Spring/Summer/Fall Frequencies

Question 10a How satisfied are you with the following new Average score: 31- Village Connector (Alpine - Cheakamus)

Very satisfied 4 3.9% 24.5% satisfiedSatisfied 21 20.6%Neutral 21 20.6%Dissatisfied 16 15.7% 22.5% dissatisfiedVery dissatisfied 7 6.9%Don't use 0 0.0%Total 69 67.6%No Response 56 35.4%

Question 10b How satisfied are you with the following new Average score: 2.22-Games Express (Village to Tamarisk)

Very satisfied 0 0.0% 5.0% satisfiedSatisfied 5 5.0%Neutral 21 20.8%Dissatisfied 15 14.9% 33.7% dissatisfiedVery dissatisfied 19 18.8%Don't use 0 0.0%Total 60 58.8%No Response 66 39.5%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 15

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 10c How satisfied are you with the following new Average score: 2.63-Emerald Estates (extension of Village Connector)

Very satisfied 2 2.0% 7.1% satisfiedSatisfied 5 5.1%Neutral 26 26.5%Dissatisfied 12 12.2% 23.5% dissatisfiedVery dissatisfied 11 11.2%Don't use 0 0.0%Total 56 57.1%No Response 70 41.7%

Question 10d How satisfied are you with the following new Average score: 310-Spruce Grove (daytime only)

Very satisfied 2 2.1% 10.6% satisfiedSatisfied 8 8.5%Neutral 29 30.9%Dissatisfied 7 7.4% 9.6% dissatisfiedVery dissatisfied 2 2.1%Don't use 0 0.0%Total 48 51 1%Total 48 51.1%No Response 78 45.3%

Question 10e How satisfied are you with the following new Average score: 2.85-Marketplace Shuttle (small loop)

Very satisfied 5 5.3% 14.7% satisfiedSatisfied 9 9.5%Neutral 16 16.8%Dissatisfied 11 11.6% 20.0% dissatisfiedVery dissatisfied 8 8.4%Don't use 0 0.0%Total 49 51.6%No Response 76 44.4%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 16

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 10f How satisfied are you with the following new Average score: 2.96-Upper Village/Benchlands Shuttle

Very satisfied 3 3.2% 10.8% satisfiedSatisfied 7 7.5%Neutral 25 26.9%Dissatisfied 6 6.5% 14.0% dissatisfiedVery dissatisfied 7 7.5%Don't use 0 0.0%Total 48 51.6%No Response 78 45.6%

Question 10g How satisfied are you with the following new Average score: 2.533-Lost Lake Shuttle (no change)

Very satisfied 4 4.4% 10.0% satisfiedSatisfied 5 5.6%Neutral 17 18.9%Dissatisfied 11 12 2% 26 7% dissatisfiedDissatisfied 11 12.2% 26.7% dissatisfiedVery dissatisfied 13 14.4%Don't use 0 0.0%Total 50 55.6%No Response 76 45.8%

Question 10h How satisfied are you with the following new Average score: 2.87-Tapleys (two way)

Very satisfied 4 4.4% 13.3% satisfiedSatisfied 8 8.9%Neutral 22 24.4%Dissatisfied 8 8.9% 17.8% dissatisfiedVery dissatisfied 8 8.9%Don't use 0 0.0%Total 50 55.6%No Response 76 45.8%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 17

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 10i How satisfied are you with the following new Average score: 3.177- Staff Housing (no change)

Very satisfied 4 4.4% 12.2% satisfiedSatisfied 7 7.8%Neutral 28 31.1%Dissatisfied 4 4.4% 8.9% dissatisfiedVery dissatisfied 4 4.4%Don't use 0 0.0%Total 47 52.2%No Response 79 46.7%

Question 10j How satisfied are you with the following new Average score: 2.624-Alta Lake Route (extinguished)

Very satisfied 4 4.4% 5.6% satisfiedSatisfied 1 1.1%Neutral 26 28.9%Dissatisfied 8 8.9% 21.1% dissatisfiedVery dissatisfied 11 12.2%Don't use 0 0.0%Total 50 55.6%No Response 76 45.8%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 18

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 11 Bus service leaving Whistler Village currently ends at 3am. Under the proposed MA service, bus service would end at 2am. Please indicate how you would be affected by this change. (Circle one number only)

Average score: 2.4

Very satisfied 8 12.7% 23.8% satisfiedSatisfied 7 11.1%Neutral 9 14.3%Dissatisfied 16 25.4% 61.9% dissatisfiedVery dissatisfied 23 36.5%Total 63 100.0%No Response 19 23.2%

Very dissatisfied37%

Satisfaction - ending Service at 2am (from 3am)

Very satisfied13%

Satisfied11%

Neutral14%

Dissatisfied25%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 19

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 12b Age

under 15 0 0.0%15-19 10 9.3%20-24 4 3.7%25-44 55 50.9%45-64 34 31.5%65+ 5 4.6%Total 108 100.0%No Response 18 14.3%

under 150%

15-199%

20-244%

45-6431%

65+5%

Passenger Age

25-4451%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 20

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 12a Gender

Male 61 58.1%Female 44 41.9%Total 105 100.0%No Response 20 16.0%

Male58%

Female42%

Passenger Gender

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 21

Whistler Transit Service Review Comment Form ResultsBased on a public input conducted June, July 2011

Question 13 Income

That's classified 23 24.0%under $50,000 28 29.2%$50,000-$75,00 18 18.8%$75,000-$100,000 16 16.7%$100,000-$150,000 7 7.3%$150,000 and over 4 4.2%Total 96 100.0%No Response 29 23.2%

That's classified

24%$75 000

$100,000-$150,000

7%

$150,000 and over 4%

Passenger Income

24%

under $50,00029%$50,000-

$75,0019%

$75,000-$100,000

17%

WTSR Comment Form Summary June 2011 - July 14, 2011.xls Page 22

APPENDIX C

No. Comment Type Count Percent1 1 ‐ need late night buses on core routes 6 2.4%2 2 ‐ driver behaviour: bus on time, speeding,   10 4.0%

33 ‐ Village Shuttle necessary  especially in winter, combine 5/6/33 into one route 6 2.4%

4 4 ‐ lost lake shuttle need for accesibility and tourism 3 1.2%

55 ‐ cancel service into neighbourhoods  ‐ Spruce Grove/White Gold ‐ it's a short walk to highway 11 4.4%

6 6 ‐ need service to Function 11 4.4%7 7 ‐ want GTE end point especially in winter 7 2.8%

8

8 ‐ schedule routes to leave Village 10, 15 after the hour to accommodate worker shifts and arrive 10, 15 minutes before the hour 9 3.6%

99 ‐ fares too high (I'll choose to drive, it's cheaper), bring back 30‐day, 7‐day,  12 4.8%

1010 ‐ need more bike racks per bus & bike racks for downhill bikes

2 0.8%

11

11‐ Whistler is suppose to be a green community.  Keep buses running. Cutting service can damage international reputation. Can't charge for parking and cut tranist.  I'm a choice rider ‐ don't make me drive. 6 2.4%

1212 ‐ support the Whistler Transit Service Review process and direction including Tapley's two way 7 2.8%

1313 ‐ more frequency: winter, #1 & #2, spring shoulder (reallocate Village Shuttle to resident routes) 33 13.3%

14 14 ‐ allow dogs on buses 3 1.2%15 15 ‐time transfer not directional transfer 5 2.0%16 16 ‐ Tapley's Blueberry loop not two‐way Tapleys route 11 4.4%

1717 ‐ revise Village Connector, Games Express, Emerald Only  route ‐ Nordic, Emerald, in Village, spruce grove 37 14.9%

18

18 ‐ other funding sources: more advertising on buses, Hotel Tax funding for resident routes, pay parking, business contributions  (bars for late night service, WB and Chateau for Staff Housing route), charge for Village Shuttles

9 3.6%19 19 ‐ cut service during the day 1 0.4%20 20 ‐ Eliminate #10‐Spruce Grove 1 0.4%

2121 ‐  Make it easier for new riders: Improve signage, simplify fare products 4 1.6%

22 22 ‐ More integrated regional service 2 0.8%

2323 ‐ more bus shelters & better connections/pathways and snowcleared pathways to neighbourhoods 3 1.2%

24 24 ‐ go into neighbourhoods ‐ dangerous crossing highway 4 1.6%25 25 ‐ name routes to be intuitive 4 1.6%26 26 ‐ no idling any time 1 0.4%27 27 ‐ make transit economically viable 6 2.4%28 28 ‐ change fleet, smaller buses on collector routes 5 2.0%29 29 ‐ do NOT support #5‐Marketplace Shuttle route change 4 1.6%30 30 ‐ fewer bus stopss 2 0.8%

3131 ‐ stop for Spring Creek southbound or have a highway stop

9 3.6%32 32 ‐ increase taxes and improve service  2 0.8%33 33 ‐ Issues with Yard size, lights and Hydrogen project 3 1.2%34 34 ‐ upper Nordic extend on Alta Lk road out to Rainbow.  1 0.4%35 35 ‐ need service on Alta Lake Road 9 3.6%

Total 249 100.0%

RESORT MUNICIPALITY OF WHISTLER

ZONING AMENDMENT BYLAW (8110 Crazy Canuck Drive) No. 1981, 2011

A bylaw to amend Zoning and Parking Bylaw No. 303, 1983

WHEREAS the Council may in a zoning bylaw pursuant to the Local Government Act, divide all or part of the area of the Municipality into zones, name each zone and establish the boundaries of the zone, regulate the use of land, buildings and structures within the zones and require the provision of parking spaces and loading spaces for uses, buildings and structures; NOW THEREFORE the Municipal Council of the Resort Municipality of Whistler, in open meeting assembled, ENACTS AS FOLLOWS:

1. This Bylaw may be cited for all purposes as “Zoning Amendment Bylaw (8110 Crazy Canuck Drive) No. 1981, 2011”.

2. Zoning and Parking Bylaw No. 303, 1983 is amended as follows:

a) Section 12 – Multiple Residential Zones , Section 52.1.1 (k) is deleted and replaced with

the following: “52.1.1 (k) Service station, limited to establishments whose operators provide for sale, or

have made their best commercial efforts to provide for sale, alternative automotive fuels including but not limited to hydrogen, methanol, and bio-diesel fuels.”

b) Section 12 – Multiple Residential Zones, Section 52.2.1 is deleted and replaced with the

following: “52.2.1 The maximum permitted density in the CD1 zone is four detached dwellings,

three townhouse dwellings, one duplex dwelling, three apartment dwelling units, and for the uses permitted by Section 52.1 (g), (h), (i), (j), (k) and (l), 1322 square metres of gross floor area.”

c) Section 12 – Multiple Residential Zones, Section 52.4.1 is deleted and replaced with the

following: “52.4.1 Despite anything to the contrary in this Bylaw or any other bylaw of the

Municipality, but subject to subsections 52.4.2, 52.4.3, 52.4.4 and 52.4.5, the maximum permitted site coverage, gross floor area and floor space ratio for each lot in the CD1 Zone are set out in Schedule “M”.”

d) Section 23 - Schedules, Schedule “M” – Land Use Plan of CD1 Zone with Table of

Heights, Densities and Setbacks, column header is amended as follows:

“Replace “Maximum G.F.A.” with “Maximum G.F.A. (sq.m)”.”

e) Section 23 - Schedules, Schedule “M”- Land Use Plan of CD1 Zone with Table of Heights, Densities and Setbacks, for Parcel Lot 1 Strata Lot 1, is amended as follows:

“i) Maximum F.S.R. is increased from 0.05 to 0.1. ii) Maximum G.F.A. (sq.m) is increased from 115 to 223.”

Given FIRST READING this 19th day of July, 2011.

Given SECOND READING this 19

th day of July, 2011.

Pursuant to section 890 of the Local Government Act, a Public Hearing was held this 23

rd day of August,

2011. Given THIRD READING this __ day of _______, ____. APPROVED by the Minister of Transportation and Infrastructure this __ day of _______, ____. ADOPTED by the Council this __ day of _______, ____. _____________________________________ ____________________________________ Ken Melamed, Lonny Miller, Mayor Corporate Officer I hereby certify that this is a true copy of Zoning Amendment Bylaw (8110 Crazy Canuck Drive) No. 1981, 2011. ____________________________________________ Lonny Miller, Corporate Officer

RESORT MUNICIPALITY OF WHISTLER

HOUSING AGREEMENT BYLAW (8117 Cedar Springs Road) No. 1982, 2011

A bylaw to enter into a Housing Agreement under Section 905 of the Local Government Act

GIVEN THAT lands in Whistler legally described as Parcel Identifier: 004-793-579, Lot 33 District Lot 7299 Plan 13570 are proposed to be subdivided and developed for intensive residential use, including one unit of employee housing; NOW THEREFORE the Council of the Resort Municipality of Whistler, in open meeting assembled, enacts as follows: 1. This Bylaw may be cited as “Housing Agreement Bylaw (8117 Cedar Spring Road) No. 1982, 2011”. 2. Council authorizes the Municipality to enter into the following agreements with the owners of the

above described lands:

(a) Housing agreement for one employee housing unit, in the form of agreement attached as Schedule “A” in respect of that to-be-subdivided portion of the lands shown on the survey plan attached as Schedule “B”;

(b) Option to Purchase and Right of First Refusal, in the form of agreement attached as Schedule

“C” in respect of one housing unit. 3. The Mayor and Corporate Officer are authorized to execute the agreements authorized by this

Bylaw and the Corporate Officer is authorized to sign and file in the Land Title Office notice of the housing agreement, as required by the Local Government Act.

Given first reading this 23rd day of August, 2011. Given second reading this 23rd day of August, 2011. Given third reading this 23rd day of August, 2011. Adopted by the Council __ day of ______, ____. _____________________________________ ____________________________________ Ken Melamed, Lonny Miller, Mayor Corporate Officer

I hereby certify that this is a true copy of “Housing Agreement Bylaw (8117 Cedar Springs Road) No. 1982, 2011”. ________________________________ Lonny MIller Corporate Officer

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FORM C - TERMS OF INSTRUMENT

STANDARD HOUSING AGREEMENT, 219 COVENANT, RENT CHARGE AND INDEMNITY

RECITALS: A. Section 219 of the Land Title Act permits the registration of a covenant of a negative or

positive nature in favour of the Municipality in respect of the use of land or construction

on land; B. The Owner is the registered owner of the Employee Lot; and C. The Owner and the Municipality wish to enter into this Agreement to ensure that the

Employee Lot is used solely for the provision of affordable housing for Employees or

Retirees on the terms and conditions set out in this Agreement, and this Agreement is

both a covenant under Section 219 of the Land Title Act and a housing agreement under

Section 905 of the Local Government Act.

THIS AGREEMENT is evidence that in consideration of the mutual promises contained in it and

in consideration of the payment of $2.00 by the Municipality to the Owner, the receipt and

sufficiency of which is hereby acknowledged by the Owner, the parties agree as follows: 1. Definitions

Capitalized terms used in this Agreement and in the Recitals above shall have the following meanings:

a. "Agreement" means these Terms of Instrument together with the General

Instrument; b. "Assessed Value" means the most recent assessed value of the real property as

determined by the assessment authority in which the real property is situated. If such value is not available, then the Assessed Value means the highest price in terms of money that the real property will fetch under all conditions requisite to a fair sale with the buyer and seller each acting prudently, knowledgably and assuming the price is not effected by undue stimulus as estimated by a real estate appraiser accredited in the jurisdiction in which the real property is located;

c. “Arm’s length” means a market transaction between unrelated parties, each acting

in his or her own self interest; d. “Base Maximum Price” means the purchase price of the Property which is the price

paid by the First Purchaser as set out in the copy of the Bona Fide Offer for the sale to the First Purchaser that is delivered to the Municipality by the Owner in connection with the Owner’s obligation to give notice to the Municipality of a Bona Fide offer pursuant to the terms of the RFR/Option;

e. "Bona Fide Offer" means an offer to purchase the Property from the Owner:

i. in writing;

ii. signed by an Outside Offeror;

SCHEDULE A

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iii. in a form legally enforceable against the Outside Offeror and subject to no conditions except for the Municipality's Subject;

iv. providing for a deposit of not less than 5% of the proposed purchase price within 72 hours of the removal or waiver of the Municipality's Subject;

v. for a purchase price that does not exceed the Maximum Price, Resale but may be less than the Maximum Price, Resale;

vi. providing that if the Municipality does not exercise its option or right of first refusal under the RFR/Option granted by the Owner in favour of the Municipality, the Outside Offeror will grant to the Municipality a right of first refusal and option to purchase the Property upon the same terms and conditions as are set forth in the RFR/Option;

vii. providing that the Outside Offeror will not assign or transfer the contract for the purchase of the Property; and

viii. confirming that the Outside Offeror has read and understood the terms of this Agreement, all other charges in favour of the Municipality that are registered in the LTO against the Property and that the Outside Offeror agrees to be bound by the owner's obligations pursuant to such charges.

f. "Business Day" means Monday to Friday inclusive except for those excluded days declared by lawful authority as holidays, excluding any day that the LTO is not open for business;

g. “CCPI” means the Core Consumer Price Index for Canada published from time to time by the Bank of Canada, or its successor in function;

h. “Change in CCPI” means the percentage change (positive or negative) between:

i. the monthly CCPI applicable on the date of registration of the Previous Sale; and

ii. the monthly CCPI applicable on the date of execution by the Owner and the purchaser pursuant to a Bona Fide Offer relating to the next transfer of the Property following the Previous Sale.

i. “Daily Amount” means $500.00 per day as of December 31, 2010 adjusted thereafter by an amount determined by multiplying $500.00 by the percentage change in the CCPI since December 31, 2010 to January 1 of the year that a

written notice is delivered to the Owner by the Municipality pursuant to Section 24

herein;

j. "Dwelling Unit" means the residential dwelling unit constructed or to be constructed on the Employee Lot;

k. "Efforts to Sell” means the best efforts of the Owner to sell the Property using all

reasonable means including, listing the Property for sale with a licensed real estate agent, advertising the Property for sale in the local newspapers, posting "for sale" signs on any bulletin boards or websites maintained by or on behalf of the Municipality for the sale of employee housing, and offering to sell the Property to the Municipality on the following terms:

i. specifying in a written notice that it is offering to sell the Property to the

Municipality in accordance with the RFR/Option registered in the LTO in

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favour of the Municipality;

ii. giving the Municipality the exclusive right for 14 Business Days from the date on which the Municipality receives the notice from the Owner pursuant to Part III of the RFR/Option, to give a written notice to the Owner agreeing to purchase the Property for the purchase price which does not exceed the Maximum Price, Resale and on the terms that are set out in Part V of the RFR/Option.

l. "Employee" means a Qualified Person who is either employed or self-employed for

an average of not less than 20 hours per week on an annual basis at a business located with the boundaries of the Municipality or at the Whistler Olympic Park and which holds a business license issued by the Municipality or recognized equivalent acceptable to the Municipality;

m. “Employee Lot” means the land described in Item 2 of the General Instrument; n. “First Purchaser” means the person to whom the Property is first transferred after

the later of the issuance of the Occupancy Permit for the Dwelling Unit by the Municipality and registration of this Agreement in the LTO;

o. "General Instrument" means the Form C under the Land Title (Transfer Forms)

Regulations, as amended, and all schedules and addenda to the Form C charging the Property;

p. "Gross Floor Area" means the total area of all floors in all buildings on a parcel

measured to the outside surface of the exterior walls of the building, including stairwells, basements and cellars but excluding voids, crawl spaces, open patios, open balconies or parking areas;

q. "Lender" means a mortgagee that is a bank or other financial institution established

or regulated under any enactment of British Columbia or Canada, or a receiver or receiver-manager acting on behalf of such mortgagee;

r. "LTO" means the New Westminster/Vancouver Land Title Office or its successor; s. “Maximum Price, Resale” means the Previous Sale Price plus the product of the

Previous Sale Price multiplied by the Change in CCPI. Where the Change in CCPI is negative or cannot be determined, the Maximum Price, Resale shall be the Previous Sale Price. The sample calculations set out in Schedule “B” attached hereto shall be used for the purposes of interpreting this definition of “Maximum Price, Resale”;

t. “Municipality” means the Resort Municipality of Whistler; u. “Municipality’s Subject” means the following clauses:

The obligation of the seller to complete the sale of the Property is subject to the

following (the "Seller's Conditions"):

i. the seller notifying the buyer in writing not later than 14 Business Days that

the Municipality has approved the terms of the sale of the Property to the buyer and that the Municipality has decided not to exercise its Option to Purchase the Property or its right to purchase the Property under its Right of First Refusal with respect to this transaction only; and

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ii. the seller notifying the buyer in writing not later than 14 Business Days that

the Municipality has confirmed the buyer's eligibility to own the Property; The Seller's Conditions are for the sole benefit of the seller and may be satisfied by the seller by notice in writing to the buyer. If the Seller's Conditions are not satisfied on or before the date specified for their removal, this agreement [the purchase agreement] will be automatically terminated, the deposit will be returned to the buyer, and neither party will have any further obligation to the other under this agreement.

v. “Original Rent” means $1.35 per square foot of Gross Floor Area per month; w. “Outside Offeror” means a purchaser or prospective purchaser of the Property who

deals at Arm's length with the Owner of the Property and who is eligible to purchase the Property under this Agreement;

x. "Owner" means the Transferor described in the General Instrument and any subsequent owner of the Property who must be a Qualified Person and includes any person who is a registered owner in fee simple of the Property from time to time;

y. “Permitted Tenant” means an occupant of the Property by way of a Tenancy Agreement who is:

i. a person who is either employed or self- employed for an average of not less

than 20 hours per week on an annual basis at a business located with the boundaries of the Municipality or at the Whistler Olympic Park and which holds a business license issued by the Municipality or recognized equivalent acceptable to the Municipality; or

ii. a person who has ceased employment and who was an employee for 5 of the

6 years immediately preceding the date on which the individual ceased employment within the boundaries of the Municipality or at the Whistler Olympic Park.

z. “Previous Sale Price” means the sale price of the previous sale of the Property in

accordance with this Agreement;

aa. “Property” means the Employee Lot, including all buildings and other structures and improvements from time to time thereon and thereto, including the Dwelling Unit;

bb. “Qualified Business” means an individual, partnership or incorporated body, with

one or more employees, which operates a business either within the boundaries of the Municipality or at the Whistler Olympic Park and which holds a business licence from the Municipality or equivalent acceptable to the Municipality;

cc. "Qualified Person" means an Employee or Retiree who does not own, either

directly or indirectly through a trust, business asset, or otherwise, any interest in

real property anywhere in the world, from the time that such person applies to

become eligible to purchase a property that is subject to this Agreement and the

RFR/Option until such person becomes a registered owner of such property,

unless the:

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i. Assessed Value of all the real property he or she owns does not exceed 70%

of the Assessed Value of the Property; or

ii. real property he or she owns is:

(1) less than 400 square feet in area,

(2) less than 650 square feet in area and it is the principal residence of

that person and one other individual,

(3) less than 850 square feet in area and it is the principal residence of

that person and at least one child, or

(4) less than 1200 square feet in area and it is the principal residence of

that person and at least two children; or

iii. the real estate he or she owns is located in Squamish or Pemberton; and

iv. that person enters into an agreement with the Municipality to sell his or her

interest in the real property within the time period specified by the Municipality,

acting reasonably, or that person enters into an agreement with the

Municipality with respect to the real property and the Property on terms

acceptable to the Municipality in its sole discretion;

dd. "Retiree" means a Qualified Person who has ceased employment and who was an Employee for 5 of the 6 years immediately preceding the date on which the individual ceased employment within the boundaries of the Municipality or at the Whistler Olympic Park;

ee. “RFR/Option” means the agreement between the Owner and the Municipality containing a right of first refusal to purchase the Property and an option to purchase the Property, each in favour of the Municipality, registered against title to the Property concurrently with this Agreement, or any replacements of that Agreement registered from time to time in the LTO; and

ff. "Tenancy Agreement" means a tenancy agreement, lease, license or other

agreement granting rights to occupy the Property. 2. Restrictions on Use of Property

The Owner covenants and agrees with the Municipality that:

a. the Employee Lot shall only be used for the construction of a Dwelling Unit; b. the Owner will meet or exceed the construction standards for the Dwelling Unit as

specified by the Municipality in a development permit issued by the Municipality in

respect of development on the Employee Lot; c. the Owner must at all times ensure that the Property is used and occupied in

compliance with all statutes, laws, regulations, and orders of any authority having

jurisdiction and without limiting the generality of the foregoing all bylaws of the

Municipality and all federal, provincial, municipal or local laws, statutes or

ordinances relating to environmental matters, including rules, regulations, policies,

guidelines, criteria or the like promulgated under or pursuant to any such laws;

and d. the Owner must do everything necessary, at the Owner’s expense, to ensure that

this Agreement and the RFR/Option, if required by the Municipality in its sole

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discretion, will be registered against title to the Property in priority to all charges

and encumbrances which may have been registered or are pending registration

against title to the Property save and except those specifically approved in writing

by the Municipality or in favour of the Municipality.

3. Occupancy Only by Owner

The Owner agrees that the Property may by occupied only by the Owner (together with, if applicable, those other persons permitted in Section 4), except:

a. the Owner may rent or lease the Property in compliance with Section 12 for up to

six months less one day in each calendar year;

b. if the Owner is unable, using best efforts, to rent or lease the Property in

compliance with Section 12, the Owner may leave the Property vacant for up to

six months less one day in each calendar year; or

c. where the Owner is a Qualified Business (in which case the Property need not be

owner-occupied and may be leased or rented under Section 12 for unlimited

durations);

Provided that the Owner may rent or lease the Property or leave it vacant for longer

time periods only if the Owner applies for and is issued an extension from the Whistler

Housing Authority Ltd., or its successor in function or if the Municipality grants the

Owner relief from hardship pursuant to Section 6.

4. Restriction on Occupancy

Subject to Sections 3 and 6, the Owner agrees that the Property may only be used as a permanent residence occupied by an Owner who is an Employee or Retiree or by a Permitted Tenant, provided that the Property may also be used as a permanent residence occupied by: a. one or more additional persons who are not an Owner or Permitted Tenant, but

who are residing with an Owner or Permitted Tenant and related by blood, marriage, adoption, common law marriage or foster parenthood, or

b. cohabitating with an Owner or Permitted Tenant in an opposite sex or same sex spousal relationship,

The Owner further agrees that the Municipality’s building inspector shall determine the number of such persons who can reside in the Dwelling Unit given the number and size of bedrooms in the Dwelling Unit and in light of any relevant standards set by the Municipality in any bylaws of the Municipality.

5. Statutory Declaration

Within three days after receiving notice from the Municipality, the Owner will in respect of the Property, deliver, or cause to be delivered, to the Municipality a statutory declaration, substantially in the form attached as Schedule "A", sworn by the Owner, containing all of the information required to complete the statutory declaration. The Municipality may request such a statutory declaration in respect of the Property no more than four times in any calendar year. The Owner hereby irrevocably authorizes the Municipality to make such inquiries as it considers necessary and reasonable in order to confirm that the

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Owner is complying with this Agreement, and irrevocably authorizes and directs the recipient, including, but not limited to the provincial issuing authority for drivers licences, of the request for information from the Municipality to provide such information to the Municipality. If, after receiving notice from the Municipality, the Owner fails to deliver to the Municipality a statutory declaration, the Municipality may deem the Owner to be in breach of this Agreement and may require the Owner to pay, as a rent charge under Section 25, the Daily Amount to the Municipality for each day of the breach of this Agreement (the breach occurring on each and every day after the deadline to deliver the requested statutory declaration to the Municipality).

6. Relief from Hardship

If the Owner cannot comply with the occupancy requirements for the Property for reasons of hardship, the Owner may request that the Municipality alter the Owner's obligations with respect to that Property on terms acceptable to the Municipality, but no such request may be made later than 30 days after the Municipality has delivered to the owner a notice of breach of this Agreement. The Owner must deliver the request in writing in accordance with Section 37 of this Agreement. The request must set out the circumstances of the hardship involved. The request must set out the reasons why the Owner cannot comply with the occupancy requirements, and must describe the hardship to the Owner that compliance would cause. The Owner agrees that the Municipality is under no obligation to grant any relief, and may proceed with its remedies under this Agreement, and at law and in equity, despite the Owner's request or the hardship involved, and the Owner agrees that the relief, if any, is to be determined by the Municipality in its sole discretion.

7. Establishing Base Maximum Price

With respect to the first sale or transfer following registration of this Agreement in the LTO (or following issuance of an occupancy permit for the Property by the Municipality if an occupancy permit has not been issued on the date of registration of this Agreement in the LTO), the Owner will only sell the Property to an Outside Offeror who is a Qualified Person/and or Qualified Business pursuant to a Bona Fide Offer. No less than five days prior to the sale of the Property, the Owner will deliver to the Municipality written proof, satisfactory to the Municipality in its sole discretion, such documents or information to evidence and confirm: a. the first purchaser is a Qualified Person and/or Qualified Business; b. the Offer is a Bona Fide Offer; and

c. the Base Maximum Price.

8. Restriction on Purchasers

The Owner will not sell or otherwise transfer the Property except to a Qualified Person or Qualified Business and except in accordance with the terms and conditions set out in this Agreement, the RFR/Option, and the resale policies of Whistler Housing Authority Ltd. or its successor.

9. Limit on Sale Price

Except for the sale to the First Purchaser, the Owner must not sell or otherwise transfer,

or agree to sell or otherwise transfer, the Property for a purchase price exceeding the

Maximum Price, Resale.

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10. Subleases, Assignments

The Owner must not permit the Property to be disposed of by sublease or assignment of a Tenancy Agreement unless such subletting or assignment is done in compliance with this Agreement.

11. Notice of this Agreement

The Owner must give prior written notice of this Agreement to any person to whom it proposes to sell transfer, lease, rent, mortgage or otherwise dispose of the Property.

12. Restrictions on Rentals and Leases

In the circumstances outlined in Section 3, including where the Owner is a Qualified Business, the Owner may rent or lease the Property, but only to Permitted Tenant (together with, if applicable, those other persons permitted in Section 4), and only in accordance with the following additional conditions:

a. Tenancy Agreement: the Property will be used or occupied only pursuant to a

Tenancy Agreement; b. Rent Restriction: the monthly rent payable for the Property must not exceed the

rent, rounded to the nearest dollar, determined by multiplying the Gross Floor Area

by the Original Rent, provided that if an individual bedroom within a Dwelling Unit

is rented out the maximum initial rent will be $500 per bedroom per month. Subject

always to the provisions of the Residential Tenancy Act, the Owner may increase

the rent payable for the Property annually, beginning with the first anniversary of

the day on which the Owner takes possession of the Property, and thereafter

annually on each successive anniversary of such possession date, by an amount

determined by multiplying the rent payable for the Property at the time of the

proposed rent increase by the percentage change in the CCPI based on the

month for which the data is available closest to the last anniversary date;

c. Extra Charges: the Owner will not require the Permitted Tenant to pay any extra

charges or fees for use of any common property or other common areas, or for

sanitary sewer, storm sewer, water utilities, property taxes, storage areas or

parking areas. For clarity, this section does not apply to cablevision, telephone,

other telecommunications, gas utility or electricity utility fees or charges; provided

however, that the Owner may charge a maximum of an additional $75.00 per

month if the Dwelling Unit is fully furnished and an additional $25.00 per month if

the Dwelling Unit contains a fully functioning washer and dryer. d. Attach this Agreement: the Owner will attach a copy of this Agreement to the

Tenancy Agreement; e. Permitted Tenant to Comply: the Owner must include in the Tenancy Agreement

a clause requiring the Permitted Tenant to comply with the use and occupancy

restrictions contained in this Agreement; f. Termination: the Owner must include in the Tenancy Agreement a clause

entitling the Owner to terminate the Tenancy Agreement in accordance with the

Residential Tenancy Act if the Permitted Tenant uses or occupies, or allows

use or occupation of, the Property in breach of the use or occupancy

restrictions contained in this Agreement;

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g. Identified Occupants: the Tenancy Agreement must identify all occupants of the

Property, and must stipulate that anyone not identified in the Tenancy Agreement

will be prohibited from residing at the Property for more than 30 consecutive days in

any calendar year; h. Number of Occupants: the Tenancy Agreement must provide for termination of

the Tenancy Agreement by the Owner in situations where the Property is occupied

by more than the number of people the Municipality's building inspector determines

can reside in the Property given the number and size of bedrooms in the Property

and in light of any relevant standards set by the Municipality and in any bylaws of

the Municipality; i. Absentee Tenants: the Tenancy Agreement must provide that the Owner will have

the right, at the Owner’s option, to terminate the Tenancy Agreement should the

Permitted Tenant remain absent from the Property for five consecutive months or

longer, notwithstanding the timely payment of rent; and j. Copy to Municipality: the Owner must deliver a copy of the Tenancy Agreement

to the Municipality upon demand.

13. Owner will Terminate

The Owner must terminate any Tenancy Agreement where the Permitted Tenant uses or occupies, or allows use or occupation of the Property in breach of this Agreement, such termination to be in accordance with the terms of the Tenancy Agreement and the Residential Tenancy Act.

14. Notice of Vacancy

If the Owner is leasing or renting the Property, as permitted under Sections 3 and 4, the Owner will, forthwith upon request by the Municipality, and from time to time as the Property becomes vacant, identify to the Municipality that the Property is vacant and available for occupancy and the Owner must make best efforts to lease or rent the vacant Property to qualified applicants on the Whistler Housing Authority Ltd.’s tenancy application list.

15. Screening Permitted Tenants

The Owner will be solely responsible for screening Permitted Tenants to determine whether or not they qualify to occupy the Property in accordance with this Agreement notwithstanding that the Property may be leased or rented to someone from the Whistler Housing Authority Ltd.’s tenancy list. For greater certainty, the Owner agrees that neither the Municipality or Whistler Housing Authority are responsible for, and make no representation to the Owner regarding, the suitability of any prospective tenant on the Whistler Housing Authority Ltd.’s tenancy list.

16. Temporary or Tourist Accommodation Use

The Property is only to be used for employee housing on the terms set out in this Agreement. Short term nightly or weekly rental of the Property is prohibited. If the Owner is found to be renting or advertising the Property for commercial tourist accommodation use (nightly or weekly rentals), the Municipality will deem the advertisement for this use as a breach of this Agreement and the Owner will pay, as a rent charge under Section 25, the Daily Amount to the Municipality for each day of the breach of this Agreement.

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The rent charge may be in addition to any municipal fine amount for violation of the Municipality’s Zoning and Parking Bylaw.

17. Children of Deceased Owner

Despite anything to the contrary in this Agreement or the RFR/Option, upon notice from the executor of the Owner’s estate, the Municipality, at its sole discretion, may waive the RFR/Option and consent to a transfer of the Property to the children of the deceased Owner, provided that the children of the deceased Owner are at least 19 years of age, employed in Whistler, and plan to reside in the Property as their primary residence. If the children of the deceased Owner own market real estate, they must agree to sell the market real estate within 6 months of taking ownership of the Property.

18. Children below Legal Age

The Property cannot be transferred to an Owner’s child who is under the age of 19 years. Despite anything to the contrary in this Agreement, if the Owner’s child or children are under the age of 19 years, another family member or legal guardian could reside in the Property with the child or children until the child or children reach the age of 19 years.

19. Rental until Children of Legal Age

Where an executor is holding title to the Property in trust, not living or intending to live in the Property with the child or children, and waiting for the Owner’s child or children to come of age to inherit the Property the occupancy by the Owner requirements set out in Section 4 will be waived until the Owner’s child or children is 19 years of age, provided the Property is rented by Employees or Retirees at Whistler Housing Authority Ltd.’s or its successor’s rental rates.

20. Transfer to Child as Co-Owner

If an Owner’s child is of legal age, employed in Whistler, does not own other real estate and plans to occupy the Property as a primary residence, the Owner can add the name of the child on to title of the Property or can transfer the title entirely into the child’s name. Title cannot be transferred into a trust.

21. Lender as Owner

Notwithstanding any other provision of this Agreement, if the Owner is a Lender and the Lender has for a period of at least 120 days made Efforts to Sell the Property subject to this Agreement and subject to the RFR/Option, but, despite such Efforts to Sell, has been unable to enter into a Bona Fide Offer or to sell the Property to the Municipality, the Municipality may agree that upon such Owner providing the Municipality with evidence of such Efforts to Sell satisfactory to the Municipality, acting reasonably, the Municipality may execute and deliver to such Owner that is a Lender a complete discharge of this Agreement and the RFR/Option, in registrable form.

22. Capital Improvements

If the Owner has made capital improvements to the Property that required the issuance

of a building permit by the Municipality, then the Municipality may, in its sole discretion,

permit the Owner to increase the Maximum Price, Resale for the Property at the time of

resale up to an amount commensurate with the value of the capital improvements. To

assist the Municipality in determining the value of the capital improvements, the Owner

must provide receipts and invoices for the completed work to the Municipality. If the

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Owner is dissatisfied with the value of the improvements as determined by the

Municipality, the Owner may, at its expense, engage a Quantity Surveyor to establish

the value of such improvements, but the Municipality will in no way be bound by the

value established by the Quantity Surveyor, and the Municipality will, in its sole

discretion, determine the permitted increase, if any, in the Maximum Price, Resale. For

greater certainty, the Municipality will not permit any increase in the Maximum Price,

Resale for improvements that have been made without a building permit issued by the

Municipality.

23. Demolition of Dwelling Unit

The Owner will not demolish the Dwelling Unit unless:

a. the Owner has obtained the written opinion of a professional engineer or architect

who is at Arm’s length to the Owner that it is no longer reasonable or practical to

repair or replace any structural component of the Dwelling Unit, and the Owner

has delivered to the Municipality a copy of the engineer’s or architect’s report; or

b. the Dwelling Unit is damaged or destroyed, to the extent of 40% or more of its

value above the foundations, as determined by the Municipality in its sole

discretion, acting reasonably, and c. a demolition permit for the Dwelling Unit has been issued by the Municipality

(unless the Dwelling Unit has already been destroyed by an accident, act of God,

or sudden and unanticipated force) and the Dwelling Unit has been demolished

under that permit.

Following demolition, the Owner will use and occupy the replacement Dwelling Unit in

compliance with this Agreement, and Sections 2 (a), (b) and (c) herein will apply to the

construction of the replacement Dwelling Unit to the same extent and in the same

manner as those Sections apply to the construction of the original Dwelling Unit.

24. Calculation of Rent Charge

The Owner acknowledges that the Municipality requires employee housing to attract employees to work for local businesses and that these businesses generate tax and other revenue for the Municipality and economic growth for the community. The Owner therefore agrees that, in addition to any other remedies available to the Municipality under this Agreement or at law or equity, if the Property is used or occupied in breach of this Agreement, being advertised for commercial tourist accommodation use, or rented at a rate in excess of that permitted under this Agreement, the Owner will pay, as a rent charge under Section 25, the Daily Amount to the Municipality for each day of the breach of this Agreement. The Daily Amount is increased on January 1 of each year by an amount calculated by multiplying the Daily Amount as of the previous January 1 by the percentage increase in the CCPI between that previous January 1 and the immediately preceding December 31. The Daily Amount is due and payable immediately upon receipt by the Owner of an invoice from the Municipality for the same.

25. Imposition of Rent Charge

The Owner hereby grants to the Municipality a rent charge under Section 219 of the Land Title Act, and at common law, securing payment by the Owner to the Municipality of any amount payable by the Owner pursuant to this Agreement. The Owner agrees that the Municipality, at its option, may enforce payment of such outstanding amount in a court of

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competent jurisdiction as a contract debt, by an action for and order for sale, by proceedings for the appointment of a receiver, or in any other method available to the Municipality in law or in equity.

26. Payment of Excess Amount

If the Property is sold for a purchase price exceeding the Maximum Price, Resale in contravention of this Agreement, the Owner will pay the excess (the “Excess Amount”) to the Municipality, as a rent charge under Section 25, within 30 days after written demand is made by the Municipality. The amount remaining unpaid after the 30 days will bear interest at 10 percent calculated from the due date until the date paid compounded annually not in advance.

27. Interpretation

In this Agreement:

a. reference to the singular and masculine includes a reference to the plural,

feminine and body corporate, and vice versa, unless the context requires

otherwise;

b. article and section headings have been inserted for ease of reference only and

are not to be used in interpreting this Agreement;

c. if a word or expression is defined in this Agreement, other parts of speech and

grammatical forms of the same word or expression have corresponding

meanings;

d. reference to any enactment includes any regulations, orders or directives made

under the authority of that enactment;

e. reference to any enactment is a reference to that enactment as consolidated,

revised, amended, re- enacted or replaced, unless otherwise expressly provided;

f. time is of the essence;

g. reference to a "day", "month", "quarter" or "year" is a reference to a calendar day,

calendar month, calendar quarter or calendar year, as the case may be, unless

otherwise expressly provided; and

h. where the word "including" is followed by a list, the contents of the list are not

intended to circumscribe the generality of the expression preceding the word

including".

28. Housing Agreement

The Owner acknowledges and agrees that:

a. this Agreement constitutes a covenant under Section 219 of the Land Title

Act and a housing agreement entered into under Section 905 of the Local

Government Act; and b. the Municipality will file a notice of housing agreement under Section 905 of the

Local Government Act in the LTO against title to the Property.

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29. Modification

This Agreement may be modified or amended from time to time, by bylaw duly passed by the Council of the Municipality, if it is signed by the Municipality and a person who is the current registered owner of the Property.

30. Management and Repair

The Owner covenants and agrees that it will provide good and efficient management of the Property and will permit representatives of the Municipality to inspect the Property at any reasonable time, subject, if applicable, to the Owner giving notice to the Permitted Tenant (if any) pursuant to the provisions for landlord entry in the Residential Tenancy Act. The Owner further covenants and agrees that it will maintain the Property in a satisfactory state of repair and fit for habitation and will comply with all laws, including health and safety standards applicable to the Property. Notwithstanding the forgoing, the Owner acknowledges and agrees that the Municipality, in its absolute discretion, may require the Owner, at the Owner's expense, to hire a person or company with the skill and expertise to manage the Property.

31. Indemnity

The Owner will indemnify and save harmless the Municipality and Whistler Housing Authority Ltd. and each of their elected officials, officers, directors, board members, employees and agents, and their respective heirs, executors, administrators, personal representatives, successors and assigns, from and against all claims, demands, actions, loss, damage, costs and liabilities, which all or any of them will or may be liable for or suffer or incur or be put to by reason of or arising out of:

a. any act or omission of the Owner, or its officers, directors, employees, agents,

contractors or other persons for whom at law the Owner is responsible; b. the Owner’s ownership, lease, operation, management or financing of the

Property; or

c. any act or omission of the Municipality and Whistler Housing Authority Ltd. or

any of its elected officials, board members, officers, directors, employees,

agents or contractors in carrying out or enforcing this Agreement, except

where such act or omission constitutes a breach of this Agreement by the

Municipality or by any other person for whom at law the Municipality is

responsible.

32. Release

The Owner by this Agreement releases and forever discharges the Municipality and Whistler Housing Authority Ltd. and each of its elected officials, officers, directors, board members, employees and agents, and its and their respective heirs, executors, administrators, personal representatives, successors and assigns, from and against all claims, demands, damages, actions, or causes of action by reason of or arising out of or connected to the Property, including advice or direction respecting the ownership, lease, operation or management of the Property which has been or at any time after the commencement of this Agreement may be given to the Owner by all or any of them.

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33. Survival of Obligations

The obligations of the Owner set out in Sections 24, 25, 26, 31, and 32 will survive termination of this Agreement.

34. Powers Unaffected

This Agreement does not:

a. affect or limit the discretion, rights, duties or powers of the Municipality or Whistler Housing Authority Ltd. under any enactment or at common law, including in relation to the use or subdivision of the Property;

b. impose on the Municipality or Whistler Housing Authority Ltd. any legal duty or

obligation, including any duty of care or contractual or other legal duty or

obligation, to enforce this Agreement;

c. affect or limit any enactment relating to the use or subdivision of the Property; or

d. relieve the Owner from complying with any enactment, including in relation

to the use or subdivision of the Property.

35. Benefit to Municipality

The Owner and the Municipality agree that:

a. this Agreement is entered into only for the benefit of the Municipality;

b. this Agreement is not intended to protect the interests of the Owner, any Permitted Tenant, or any future owner, lessee, occupier or user of the Property; and

c. the Municipality may at any time execute a release and discharge of this

Agreement, without liability to anyone for doing so, and without obtaining the consent of the Owner.

36. No Public Law Duties

Where the Municipality or Whistler Housing Authority Ltd. is required or permitted by this Agreement to form an opinion, exercise a discretion, express satisfaction, make a determination or give its consent, the Owner agrees that the Municipality and Whistler Housing Authority Ltd. are under no public law duty of fairness or natural justice in that regard and agrees that the Municipality and Whistler Housing Authority Ltd. may do any of those things in the same manner as if they were a private party and not a public body.

37. Notices

Any notice required or permitted to be given hereunder or for the purposes hereof to any party shall be given or made in writing and either delivered personally or sent by facsimile, sent by electronic courier (email) at the respective address and/or fax number or registered mail, postage prepaid, addressed as follows:

In the case of a notice to the Municipality: Resort Municipality of Whistler Attention: Corporate Officer

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4325 Blackcomb Way

Whistler, BC VON 1B4 With a copy to: Whistler Housing Authority Ltd. 325-2400 Dave Murray Place Whistler, BC V0N 1B2

Facsimile No. 604.932.4461

In the case of a notice to the Owner: to the postal address of Owner set out in the

records at the LTO or delivered to the Owner by delivery to the Property or sent by electronic courier (email) or facsimile to the email address on record for the Owner with the Whistler Housing Authority Ltd.

The time of giving or making such notice, demand, request, consent, or objection shall be, if delivered, on the day of delivery thereof, if sent by facsimilie or by electronic courier (email), on the next Business Day and if mailed, then on the fourth (4th) Business Day after the day of the mailing thereof; provided that, if mailed, should there be between the time of mailing and the actual receipt of the notice a mail strike, slowdown, or other labour dispute which might affect delivery of such notice, then such notice shall only be effective if actually delivered. Either Party may by similar notice given change the address to which future notices or other communications shall be sent.

38. Enurement

This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto, notwithstanding any rule of law or equity to the contrary.

39. Severance

If any provision of this Agreement is found to be invalid or unenforceable, such

provision or any part thereof will be severed from this Agreement and the resultant

remainder of this Agreement will remain in full force and effect. 40. Remedies Cumulative, Waivers

All remedies of the Municipality will be cumulative and may be exercised by the Municipality in any order or concurrently in case of any breach by the Owner and each remedy may be exercised any number of times with respect to each breach. Waiver of or delay in the Municipality exercising any or all remedies will not prevent the later exercise of any remedy for the same breach or any similar or different breach.

41. Entire Agreement

This Agreement, and any documents signed by the Owner contemplated by this Agreement, represent the whole agreement between the Municipality and the Owner respecting the use and occupation of the Property, and there are no warranties, representations, conditions or collateral agreements made by the Municipality except as expressly set forth in this Agreement.

42. Further Assurances

Upon request by the Municipality, the Owner will forthwith do such acts and execute such documents as may be reasonably necessary in the opinion of the Municipality to give

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effect to this Agreement. 43. Runs with the Property

This Agreement burdens and runs with the Property and every parcel into which it is subdivided. All of the covenants and agreements contained in this Agreement are made by the Owner for itself, its heirs, its personal administrators, and successors.

44. Equitable Remedies

The Owner acknowledges and agrees that damages would be an inadequate remedy for the Municipality for breach of this Agreement or the RFR/Option and that the public interest strongly favours specific performance, injunctive relief (mandatory or otherwise), or other equitable relief, and/or the exercise by the Municipality of the RFR/Option, and/or enforcement of the rent charge pursuant to Section 25, as remedies for a default under this Agreement or the RFR/Option.

45. No Agency

Nothing in this Agreement will constitute the Owner as the agent, joint venturer, or partner of the Municipality or give the Owner any authority to bind the Municipality in any way.

46. Governing Law

The laws of British Columbia will apply to this Agreement and all statutes referred to herein are enactments of the Province of British Columbia. Without limiting the above, in the event of any conflict between any provision of this Agreement and the Residential Tenancy Act, this Agreement is without effect to the extent of the conflict.

47. Contract and Deed

By executing and delivering this Agreement the Owner intends to create both a contract and a deed executed and delivered under seal.

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TO WIT:

SCHEDULE “A”

STATUTORY DECLARATION

CANADA

PROVINCE OF BRITISH COLUMBIA

IN THE MATTER OF A HOUSING AGREEMENT WITH THE

RESORT MUNICIPALITY OF WHISTLER ("Housing Agreement")

I, of , British Columbia, do solemnly declare

that:

1. I am the owner of (the "Property "), and make this declaration to the best

of my personal knowledge.

2. This declaration is made pursuant to the Housing Agreement in respect of the Property.

3. For the period from to the Property was

occupied only by the Employees and Retirees (as defined in the Housing Agreement) whose names and

current addresses and whose employer's names and current addresses appear below:

Names, addresses and phone numbers of Employees and Retirees: Names, addresses and phone numbers

of Employers:

4. The rent charged each month for the Property is as follows:

(a) the monthly rent on the date 365 days before this date of this statutory declaration: $ per month;

(b) the rent on the date of this statutory declaration: $ ; and

(c) the proposed or actual rent that will be payable on the date that is 90 days after the date of this

statutory declaration: $ .

5. I acknowledge and agree to comply with the Owner's obligations under this Agreement, and other charges in

favour of the Municipality registered in the land title office against the land on which the Property is situated

and confirm that the Owner has complied with the Owner's obligations under these Agreements.

6. I make this solemn declaration, conscientiously believing it to be true and knowing that it is of the same

force and effect as if made under oath and pursuant to the Canada Evidence Act.

DECLARED BEFORE ME at the , British Columbia,

this day of ,201

A for taking Affidavits for

British Columbia

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SCHEDULE "B"

Sample Calculations for Maximum Price,

Resale

Example 1

A first resale Maximum Price, (for first resale) $200,000.00

Change in CCPI = CCPI at date of contract for resale 113.4 - CCPI at Previous Sale (first sale in this example) 112.3 x 100 = .98%

112.3 Maximum Price, Resale = $200,000 plus ($200,000 x .0098 = $1,960) = $201,960.00

Example 2

A fourth resale. Previous Sale Price (from third sale) $213,647.00

Change in CCPI = CCPI at date of contract for sale 116.1 – CCPI at Previous Sale (third sale in this example) 115.2 x100 = .78 %

115.2 Maximum Price, Resale = $213,647 plus ($213,647 x .0078 = $1,666.45) = $215,313.45

Example 3

A resale where CCPI has declined Previous Sale Price $213,647.00

Change in CCPI CCPI at date of contract for sale 113.9 – CCPI at Previous Sale 114.2 x 100 = negative .26%

114.2 Maximum Price, Resale = Previous Sale Price of $213,647.00 (because percentage change is negative)

END OF DOCUMENT

SCHEDULE B

INFILL HOUSING

Form C - Terms of Instrument

RIGHT OF FIRST REFUSAL AND OPTION TO PURCHASE

RECITALS:

A. The Owner is the registered owner of the Property;

B. The Owner has entered into a Housing Agreement with the Municipality under section 905 of the Local Government Act and has granted to the Municipality a Covenant under section 219 of the Land Title Act relating to certain restrictions on the use of the Property;

C. The purpose of the Housing Agreement and this Agreement is to ensure that the Property is used solely for the provision of affordable housing for Employees or Retirees;

D. Pursuant to the terms of the Housing Agreement the Owner has built a Dwelling Unit on the Employee Lot; and

E. In order to ensure that the Property is occupied and Disposed of in accordance with the Housing Agreement the Owner agrees to grant to the Municipality a right of first refusal to purchase and an option to purchase the Property on the terms and conditions set out in this Agreement.

THIS AGREEMENT is evidence that in consideration of the mutual promises contained in it and in consideration of the payment of $2.00 by the Municipality to the Owner, the receipt and sufficiency of which is hereby acknowledged by the Owner, the parties agree as follows:

PART I – DEFINITIONS

1.1 Definitions

Capitalized terms used in this Agreement and in the Recitals above shall have the following meanings:

a. "Agreement" means these Terms of Instrument together with the General Instrument;

b. "Assessed Value" means the most recent assessed value of the real property as determined by the assessment authority in which the real property is situated. If such value is not available, then the Assessed Value means the highest price in terms of money that the real property will fetch under all conditions requisite to a fair sale with the buyer and seller each acting prudently, knowledgably and assuming the price is not effected by undue stimulus as estimated by a real estate appraiser accredited in the jurisdiction in which the real property is located;

c. “Arm’s length” means a market transaction between unrelated parties, each acting in his or her own self-interest;

d. “Base Maximum Price” means the purchase price of the Property which is the price paid by the First Purchaser as set out in the copy of the Bona Fide Offer

SCHEDULE C

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for the sale to the First Purchaser that is delivered to the Municipality by the Owner in connection with the Owner’s obligation to give notice to the Municipality of a Bona Fide Offer pursuant to the terms of this Agreement;

e. "Bona Fide Offer" means an offer to purchase the Property from the Owner:

i. in writing;

ii. signed by an Outside Offeror;

iii. in a form legally enforceable against the Outside Offeror and subject to no conditions except for the Municipality's Subject;

iv. providing for a deposit of not less than 5% of the proposed purchase price within 72 hours of the removal or waiver of the Municipality's Subject;

v. for a purchase price that does not exceed the Maximum Price, Resale but may be less than the Maximum Price, Resale;

vi. providing that if the Municipality does not exercise the RFR, the Outside Offeror will grant to the Municipality a right of first refusal and option to purchase the Property upon the same terms and conditions as set forth in this Agreement;

vii. providing that the Outside Offeror will not assign or transfer the contract for the purchase of the Property; and

viii. confirming that the Outside Offeror has read and understood the terms of this Agreement, all other charges in favour of the Municipality that are registered in the LTO against the Property and that the Outside Offeror agrees to be bound by the owner's obligations pursuant to such charges.

f. "Business Day" means Monday to Friday inclusive except for those excluded days declared by lawful authority as holidays, excluding any day that the LTO is not open for business;

g. “CCPI” means the Core Consumer Price Index for Canada published from time to time by the Bank of Canada, or its successor in function;

h. “Change in CCPI” means the percentage change (positive or negative) between:

i. the monthly CCPI applicable on the date of registration of the Previous Sale; and

ii. the monthly CCPI applicable on the date of execution by the Owner and the purchaser of the Bona Fide Offer relating to the next transfer of the Property following the Previous Sale.

i. “Contaminant” has the meaning given to it in Section 5.7(g);

j. “Completion Date” has the meaning given to it in Section 5.2;

k. “Discharge has the meaning given to it in Section 3.1(d)(iii)(3);

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l. “Dispose” means to transfer by any method, and includes assign, give, sell, grant, charge, convey, bequeath, devise, lease, rent or sublet, divest, release, and agree to do any of those things;

m. "Dwelling Unit" means the residential dwelling constructed or to be constructed on the Employee Lot;

n. "Efforts to Sell” means the best efforts of the Owner to sell the Property using all

reasonable means including, listing the Property for sale with a licensed real estate agent, advertising the Property for sale in the local newspapers, posting "for sale" signs on any bulletin boards or websites maintained by or on behalf of the Municipality for sale of employee housing, and offering to sell the Property to the Municipality on the following terms:

i. specifying in a written notice that it is offering to sell the Property to the

Municipality in accordance with Part III of this Agreement;

ii. giving the Municipality the exclusive right for 14 Business Days from the date on which the Municipality receives the notice from the Owner pursuant to Part III of this Agreement, to give a written notice to the Owner agreeing to purchase the Property for the purchase price which does not exceed the Maximum Price, Resale and on the terms that are set out in Part V of this Agreement.

o. “Election Period” has the meaning given to it in Section 3.1(b)

p. "Employee" means a Qualified Person who is either employed or self-employed for an average of not less than 20 hours per week on an annual basis at a business located with the boundaries of the Municipality or at the Whistler Olympic Park and which holds a business license issued by the Municipality or recognized equivalent acceptable to the Municipality;

q. “Employee Lot” means the land described in Item 2 of the General Instrument;

r. “First Purchaser” means the person to whom the Property is first transferred after the later of the issuance of the Occupancy Permit for the Dwelling Unit by the Municipality or registration of this Agreement in the LTO;

s. "General Instrument" means the Form C under the Land Title (Transfer Forms) Regulations, as amended, and all schedules and addenda to the Form C charging the Property;

t. "Gross Floor Area" means the total area of all floors in all buildings on a parcel measured to the outside surface of the exterior walls of the building, including stairwells, basements and cellars but excluding voids, crawl spaces, open patios, open balconies or parking areas;

u. “Housing Agreement” means the agreement between the Owner and the Municipality containing a Housing Agreement pursuant to Section 905 of the Local Government Act, Section 219 Covenant pursuant to the Land Title Act, a Rent Charge and Indemnity registered against title to the Property concurrently with this Agreement or any replacements of that agreement registered in the LTO from time to time;

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v. “Legal Representative” has the meaning given to it in Section 3.1(d)(iii)(4);

w. "Lender" means a mortgagee that is a bank or other financial institution established or regulated under any enactment of British Columbia or Canada, or a receiver or receiver-manager acting on behalf of such mortgagee;

x. "LTO" means the New Westminster/Vancouver Land Title Office or its successor;

y. “Maximum Price, Resale” means the Previous Sale Price plus the product of the Previous Sale Price multiplied by the Change in CCPI. Where the Change in CCPI is negative or cannot be determined, the Maximum Price, Resale shall be the Previous Sale Price. The sample calculations set out in Schedule “A” attached hereto shall be used for the purposes of interpreting this definition of “Maximum Price, Resale”;

z. “Municipality” means the Resort Municipality of Whistler;

aa. “Municipality’s Subject” means the following clauses:

The obligation of the seller to complete the sale of the Property is subject to the following (the "Seller's Conditions"):

i. the seller notifying the buyer in writing not later than 14 Business Days that the Municipality has approved the terms of the sale of the Property to the buyer and that the Municipality has decided not to exercise its Option or the RFR with respect to this transaction only; and

ii. the seller notifying the buyer in writing not later than 14 Business Days that the Municipality has confirmed the buyer's eligibility to own the Property.

The Seller's Conditions are for the sole benefit of the Seller and may be satisfied by the Seller by notice in writing to the Buyer. If the Seller's Conditions are not satisfied on or before the date specified for their removal, this agreement [the purchase agreement] will be automatically terminated, the deposit will be returned to the buyer, and neither party will have any further obligation to the other under this agreement.

bb. “New Form C” has the meaning given to it in Section 3.1(d)(iii)(3);

cc. “Notice has the meaning given to it in Section 3.1(b);

dd. “Option” means the option to purchase the Property granted by the Owner to the Municipality pursuant to Part IV of this Agreement;

ee. “Outside Offeror” means a purchaser or prospective purchaser of the Property who deals at Arm's length with the Owner of the Property and who is eligible to purchase the Property under this Agreement;

ff. "Owner" means the Transferor described in the General Instrument and any subsequent owner of the Property who must be a Qualified Person and includes any person who is a registered owner in fee simple of the Property from time to time;

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gg. “Permitted Encumbrance” has the meaning given to it in Section 5.3;

hh. “Previous Sale” means the most recent transfer of the Property;

ii. “Previous Sale Price” means the sale price of the previous sale of the Property;

jj. “Property” means the Employee Lot and all buildings and other structures and improvements from time to time thereon and thereto, including the Dwelling Unit;

kk. “Purchase Price” has the meaning given to it in Section 5.1;

ll. "Qualified Person" means an Employee or Retiree who does not own, either directly or indirectly through a trust, business asset, or otherwise, any interest in real property anywhere in the world, from the time that such person applies to become eligible to purchase a property that is subject to a Housing Agreement and this Agreement until such person becomes the registered owner of such property, unless:

i. Assessed Value of all the real property he or she owns does not exceed 70% of the Assessed Value of the Property; or

ii. the real property he or she owns is:

(1) less than 400 square feet in area,

(2) less than 650 square feet in area and it is the principal residence of that person and one other individual,

(3) less than 850 square feet in area and it is the principal residence of that person and at least one child, or

(4) less than 1200 square feet in area and it is the principal residence of that person and at least two children; or

i. the real estate he or she owns is located in Squamish or Pemberton; and

iv. that person enters into an agreement with the Municipality to sell his or her interest in the real property within the time period specified by the Municipality, acting reasonably, or that person enters into an agreement with the Municipality with respect to the real property and the Property on terms acceptable to the Municipality in its sole discretion;

mm. "Retiree" means a Qualified Person who has ceased employment and who was an Employee for 5 of the 6 years immediately preceding the date on which the individual ceased employment within the boundaries of the Municipality or at the Whistler Olympic Park;

nn. “Statutory Declaration” has the meaning given to it in Section 5.7(e);

oo. “RFR” means the right of first refusal granted in Part III of this Agreement; and

pp. “Transfer” has the meaning given to it in Section 5.9(a).

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PART II – DISPOSITION OF PROPERTY

2.1 Limits on Disposition

The Owner covenants and agrees that the Owner will not Dispose of the Property except in accordance with this Agreement, the Housing Agreement, and the resale policies of Whistler Housing Authority Ltd. or its successor.

2.2 Disposition only to Outside Offeror

Without limiting the preceding section, the Owner will not Dispose of the Property other than to the Municipality or to an Outside Offeror pursuant to a Bona Fide Offer.

PART III - RIGHT OF FIRST REFUSAL

3.1 Right of First Refusal

The Owner covenants and agrees as follows:

a. The Owner will not Dispose of the Property for any consideration not consisting entirely of lawful money of Canada;

b. If the Owner receives a Bona Fide Offer to purchase the Property which the Owner is willing to accept, then the Owner must offer to sell the Property to the Municipality on the terms that are set out in Part V of this Agreement, by giving to the Municipality a notice in writing (the "Notice") attached to a copy of the Bona Fide Offer. The Municipality will have the exclusive right for 14 Business Days (the "Election Period") from the date on which the Municipality receives from the Owner the Notice and a copy of the Bona Fide Offer within which to notify the Owner that the Municipality is exercising the RFR and the Municipality has elected to purchase the Property on the terms set out in Part V of this Agreement. The Owner agrees that the Municipality's Election Period to purchase the Property will not start to run until the Owner gives to the Municipality the Notice of the Bona Fide Offer with the only condition precedent or subject in the Bona Fide Offer being the Municipality's Subject;

c. If the Municipality wishes to exercise this RFR, the Municipality will give the Owner written notice of such exercise on or before the end of the Election Period. If the Municipality exercises this RFR, the Municipality shall have the right to assign the Bona Fide Offer to a third party designee of its choice;

d. If the Municipality does not exercise this RFR with respect to a specific Bona Fide Offer, the Municipality's rights under this RFR with respect to the particular Bona Fide Offer will be waived, but only if it is a Bona Fide Offer and only if the terms of sale between the Outside Offeror and the Owner are in strict compliance with the terms stated in the Bona Fide Offer, and only if the Owner complies with the following requirements:

i. the Owner delivers to the Municipality, within 5 Business Days after the expiry of the Election Period, written proof, satisfactory to the Municipality, in its sole discretion, that the purchaser is an Outside Offeror, and that the Outside Offeror agrees to be bound by all the

7

agreements in favour of the Municipality which affect the Property;

ii. the Owner does not remove the second part of the Municipality's Subject until such time as the Municipality informs the Owner that it is satisfied with the information provided pursuant to sub-section (i) herein;

iii. at least 5 Business Days before completion of the sale pursuant to the Bona Fide Offer the Owner delivers to the Municipality the following:

(1) written proof, satisfactory to the Municipality, in its sole discretion, that the purchase price payable under the Bona Fide Offer does not exceed the Maximum Price, Resale, except where the subject sale is to the First Purchaser;

(2) signed Form C duly executed by the Outside Offeror granting to the Municipality an option to purchase and a right of first refusal to purchase the Property (the "New Form C") on substantially the same terms as set out in this Agreement, with such amendments as the Municipality may reasonably require;

(3) a discharge of the RFR and Option in this Agreement (the "Discharge") for execution by the Municipality;

(4) undertakings from the solicitor or notary for the Outside Offeror (the "Legal Representative") on terms satisfactory to the Municipality, including that:

(a) the Legal Representative will only register the Discharge only if it is done concurrently with the registration of the New Form C;

(b) the Legal Representative will ensure that the New Form C is registered against title to the Property in priority to all mortgages and other financial liens, charges and encumbrances, except for those in favour of the Municipality or approved in writing by the Municipality;

(c) forthwith after registration of the New Form C, provide to the Municipality copies of the Discharge and the New Form C with registration particulars endorsed thereon, and a copy of the State of the Title Certificate for the Property confirming registration of the New Form C; and

(5) a copy of the vendor's statement of adjustments for the Property certified to be true by the Legal Representative; and

iv. upon request by the Municipality, the Owner delivers to the Municipality such further evidence as the Municipality may reasonably require to confirm the purchase price of the Property, and to confirm that the Outside Offeror has granted to the Municipality an option to purchase and a right of first refusal to purchase the Property.

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PART IV - GRANT OF OPTION

4.1 Grant of Option

The Owner hereby grants to the Municipality the sole and exclusive irrevocable option to purchase the Property on the terms of this Agreement.

4.2 Exercise of Option

Subject to Section 4.3, the Option may be exercised by or on behalf of the Municipality at any time by the Municipality giving written notice to the Owner in the manner set out in this Agreement for the giving of notices.

4.3 Triggering Event

The Option may only be exercised by the Municipality in the event the Owner has breached any of the Owner's obligations contained in the Housing Agreement, or this Agreement, or upon the Owner advising the Municipality in writing of its intention to transfer or sell the Property.

4.4 Binding Agreement

If the Municipality exercises the Option, this Agreement will become a binding agreement for the purchase and sale of the Property, which shall be completed up the terms and conditions contained in this Agreement.

PART V – TERMS OF PURCHASE AND SALE

5.1 Purchase Price

Subject to adjustments as provided in this Agreement, the purchase price of the Property (the "Purchase Price") is the lesser of:

a. the purchase price set out in the Bona Fide Offer (if any); and

b. the Maximum Price, Resale.

5.2 Completion Date

The purchase of the Property by the Municipality will be completed on the date ("Completion Date") to be chosen by the Municipality, acting reasonably, such date not to be later than 30 Business Days after the Municipality gives to the Owner its notice of intention to exercise the Option or after the Municipality gives to the Owner its notice of exercise of the RFR.

5.3 Permitted Encumbrances

On the Completion Date, the Owner will convey the Property to the Municipality or to the Municipality’s designee, subject only to the registered non-financial charges on title to the Property at the time of registration of this Agreement (the “Permitted Encumbrances”), and free and clear of all mortgages and other financial liens, charges and encumbrances, provided that the Owner is entitled to use the Purchase Price to discharge any mortgage registered against title to the Property, in accordance with Section 5.10.

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5.4 Vacant Possession

The Owner will give vacant possession of the Property to the Municipality, subject only to existing tenancies in favour of Employees or Retirees permitted by the Housing Agreement, following payment of the adjusted Purchase Price to the Owner on the Completion Date.

5.5 Adjustments

All adjustments, both incoming and outgoing, in connection with the purchase and sale of the Property, including adjustments of taxes, rates, rents, security deposits, strata fees and other matters usually the subject of adjustment between vendor and purchaser, as well as adjustments for any amounts payable by the Owner to the Municipality pursuant to the terms of this Agreement or the Housing Agreement, will be made as at the Completion Date.

5.6 Other Steps

The Owner covenants and agrees that it will, from and after the date of the

application to register this Agreement in the LTO, take or cause to be taken all

proper steps and actions and corporate proceedings to enable the Owner to vest a good and marketable title to the Property in the Municipality on the Completion Date, free and clear of all liens, encumbrances, defects in title, equities or claims of every nature and kind except for Permitted Encumbrances and to enable the Owner to carry out the sale of the Property and to execute and deliver this Agreement as valid and binding obligations of the Owner.

5.7 Owner’s Representations, Warranties and Covenants

The Owner hereby represents and warrants to and covenants and agrees with the Municipality that the following are true and accurate on the date the Owner executes this Agreement and will be true on the Completion Date:

a. If the Owner is a corporation, the Owner has taken all necessary or desirable actions, steps and other proceedings to approve or authorize, validly and effectively, the entering into, and the execution, delivery and performance of this Agreement;

b. If the Owner is a corporation, the Owner is in good standing with the Registrar of Companies for British Columbia and has made all necessary filings with the Registrar as required by the applicable legislation;

c. If the Owner is a corporation, the Owner is duly incorporated and validly existing under the laws of British Columbia and has the power and capacity to enter into and carry out the transaction provided for in this Agreement;

d. The Owner has a good, safe holding and marketable title to the Property;

e. The Owner is a resident of Canada within the meaning of the Income Tax Act (Canada) and will provide the Municipality with a Statutory Declaration of this, in the Municipality’s form, at least 10 days before the Completion Date (the “Statutory Declaration”). If the Owner should breach this Agreement by failing to provide the Statutory Declaration, the Municipally may choose to complete the purchase of the Property and withhold 50% of the Purchase Price until the

10

residency of the Owner is resolved to the Municipality’s satisfaction;

f. the Owner has no indebtedness or obligation to any person which might at the Completion Date or afterwards constitute a lien, charge or encumbrance on the Property;

g. the Owner has not used the Property or permitted any use of the Property, to store, manufacture, dispose of, emit, spill, leak, generate, transport, produce, process, release, discharge, landfill, treat or remediate any explosive, radioactive material, asbestos, urea formaldehyde, chlorobiphenyl, hydrocarbon, underground tank, pollution, contamination, hazardous substance, corrosive substance, toxic substance, special waste, waste, or matter of any kind which is or may be harmful to human safety or health or to the environment, including anything the storage, manufacture, disposal, emission, discharge, treatment, generation, use, transport, remediation or release into the environment of which is now or at any time after the execution of this Agreement is prohibited, controlled, regulated or licensed under any laws applicable to the Property ("Contaminant");

h. the Owner has not caused or permitted, the storage, manufacture, disposal, emission, spilling, leakage, treatment, generation, transportation, production, processing, release, discharge, landfilling, treatment or remediation of any Contaminant in, on, under or from the Property; and

i. the Owner has at all times used the Property in compliance with all laws relating to Contaminants and to the environment.

5.8 Indemnity

The Owner shall indemnify and save harmless the Municipality and Whistler Housing Authority Ltd., and each of their elected and appointed officials, officers, directors, board members, employees and agents, and their heirs, executors, administrator, personal representatives, successors, and assigns from and against any and all actions, causes of action, liabilities, demands, losses, damages, costs (including remediation costs and costs of compliance with any law, and legal fees and disbursements), expenses, fines and penalties, suffered or incurred by the Municipality, the Whistler Housing Authority Ltd., or any other listed above by reason of or related to or connected with:

a. a breach of any representation or warranty, covenant or agreement of the Owner set forth in this Agreement ;

b. any Contaminants on the Property arising during the ownership of the Owner; and

c. any wrongful act, omission or negligence of the Owner or a person for whom he is responsible in law.

The obligation to indemnify and save harmless will survive the transfer of the Property or any termination of this Agreement.

5.9 Closing Documents

Before the Completion Date, the Municipality or Municipality’s designee will deliver to

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the Owner's solicitors for execution by the Owner:

a. Form A Transfer transferring the fee simple title to the Property to the Municipality, or Municipality’s designee, ("Transfer");

b. Vendor’s Statement of Adjustments;

c. the Statutory Declaration; and

at least 3 days before the Completion Date, the Owner will deliver to the Municipality's solicitors or notaries the above documents duly executed on behalf of the Owner, in registrable form, on undertakings consistent with this Agreement.

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5.10 Closing Procedures

a. On the Completion Date, after adjusted Purchase Price (less any proceeds of a new mortgage to be granted by the Municipality, or Municipality’s designee) has first been deposited in the trust account of the Municipality, or Municipality’s designee’s, or Municipality’s solicitors, the Municipality will apply to register the Transfer in the LTO; and

b. after application has been made to register the Transfer, and if applicable the new mortgage, in the LTO, and upon receipt of a satisfactory post-index search of the title to the Property indicating that in the normal course of LTO procedure the Municipality, or its designee, will become the registered owner of the Property free and clear of all mortgages and other financial liens, charges and encumbrances, other than any mortgage to be discharged as provided herein, the Municipality will , or cause its designee, to pay the Owner's solicitor or notary public the adjusted Purchase Price by solicitor's trust cheque made available for pick up by the Owner's solicitor or notary public, on the Canadian Bar Association, BC Branch standard undertaking of the Owner's solicitor or notary public to discharge any mortgage or other financial charge from title to the Property forthwith following completion.

5.12 Risk

The Property will be at the Owner's risk until the Completion Date and will thereafter be at the risk of the Municipality. In the event of loss or damage to the Property occurring before the completion of the closing on the Completion Date by reason of fire, tempest, lightning, earthquake, flood or other acts of God, explosion, riot, civil commotion, insurrection or war, the Municipality, at the Municipality's option, may cancel this Agreement.

5.13 Investigations

The Municipality, its agents and employees, have the licence, conditional on providing 48 hours prior written notice to the Owner, to enter upon and into the Property from time to time prior to the Completion Date, at the Municipality's sole risk and expense, for the purpose of making reasonable inspections, surveys, tests and studies of the Property.

5.14 Associated Costs

The Municipality will pay or cause its designee to pay:

a. any property transfer tax payable by it under the Property Transfer Tax Act (British Columbia), if applicable;

b. LTO registration fees in connection with the transfer of the Property to the Municipality, or the Municipality’s designee;

c. the Municipality's legal fees and disbursements but not the Owner's, and

d. all goods and services tax, if any, payable in respect of transfer of the Property to the Municipality, or Municipality’s designee, under the Excise Tax Act

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(Canada).

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PART VI - EXCEPTIONS TO RIGHT OF FIRST REFUSAL AND OPTION

6.1 Exceptions to Right of First Refusal and Option

Notwithstanding any other provision in this Agreement, if the Owner is a Lender and the Lender has for a period of at least 120 days made Efforts to Sell the Property subject to the Housing Agreement and subject to this Agreement, but despite such Efforts to Sell has been unable to enter into a Bona Fide Offer or to sell the Property to the Municipality, the Municipality agrees that upon such Owner who is a Lender providing the Municipality with evidence of such Efforts to Sell satisfactory to the Municipality, acting reasonably, the Municipality may execute and deliver to such Owner who is a Lender a complete discharge of the Housing Agreement and this Agreement, in registrable form.

PART VII - INTERPRETATION

7.1 Interpretation

In this Agreement:

a. reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise;

b. article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement;

c. if a word or expression is defined in this Agreement, other parts of speech and grammatical forms of the same word or expression have corresponding meanings;

d. reference to any enactment includes any regulations, orders or directives made under the authority of that enactment;

e. reference to any enactment is a reference to that enactment as consolidated, revised, amended, re- enacted or replaced, unless otherwise expressly provided;

f. time is of the essence;

g. reference to a "day", "month", "quarter" or "year" is a reference to a calendar day, calendar month, calendar quarter or calendar year, as the case may be, unless otherwise expressly provided; and

i. where the word "including" is followed by a list, the contents of the list are not intended to circumscribe the generality of the expression preceding the word "including".

PART VIII - MISCELLANEOUS

8.1 Municipality not Obligated to Exercise Right of First Refusal or Option

The Owner acknowledges and agrees that the Municipality is under no obligation to exercise its Option or the RFR.

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8.2 Duration of Option and Right of First Refusal

The Option and the RFR are effective until the date that is 80 years less a day after the date on which the Form C referring to this Agreement is deposited for registration in the LTO.

8.3 Modification

This Agreement may be modified or amended from time to time by the Municipality and the person who is the current registered Owner of the Property, if it is signed by the Municipality and the person who is the current registered owner of the Property. The Municipality may, in its absolute and unfettered discretion provide written consent to the Owner from time to time to do something that is otherwise not permitted under this Agreement, on such terms and conditions as the Municipality considers desirable.

8.4 Assignability

The Municipality may assign the Option or the RFR to any person and if the Municipality exercises the Option, thus creating a contract for the purchase and sale of the Property, or the Municipality has the contractual right to buy the Property under the RFR, the Municipality may assign its contractual right to any person qualified to purchase the Property under the Housing Agreement, and in any case, upon such assignment the Municipality will have no further obligation under this Agreement with respect to the rights or interests assigned by the Municipality. Upon such assignment, with respect to the assigned contractual rights referenced in this Agreement to obligations of the Municipality refer to the assignee.

8.5 Municipalities Powers Unaffected

This Agreement does not:

a. affect or limit the discretion, rights, duties or powers of the Municipality or Whistler Housing Authority Ltd. under any enactment or at common law, including in relation to the use or subdivision of the Property;

b. impose on the Municipality or Whistler Housing Authority Ltd. any legal duty or obligation, including any duty of care or contractual or other legal duty or obligation, to enforce this Agreement;

c. affect or limit any enactment relating to the use or subdivision of the Property; or

d. relieve the Owner from complying with any enactment, including in relation to the use or subdivision of the Employee Lot or the Dwelling Unit.

8.6 Agreement for Benefit of Municipality Only

The Owner and the Municipality agree that:

a. this Agreement is entered into only for the benefit of the Municipality;

b. this agreement is not intended to protect the interests of the Owner, any tenant, or any future owner, lessee, occupier or user of the Property;

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c. the Municipality may at any time execute a release and discharge of this Agreement, without liability to anyone for doing so, and without obtaining the consent of the Owner.

8.7 No Public Law Duty

Where the Municipality or the Whistler Housing Authority Ltd. is required or permitted by this Agreement to form an opinion, exercise a discretion, express satisfaction, make a determination or give its consent, the Owner agrees that the Municipality and the Whistler Housing Authority are under no public law duty of fairness or natural justice in that regard and agrees that the Municipality and the Whistler Housing Authority may do any of those things in the same manner as if they were a private party and not a public body.

8.8 Costs

Unless otherwise specified in this Agreement, the Owner will comply with all the requirements of this Agreement at its own cost and expense and will pay to the Municipality, on request, all reasonable costs or expenses it incurs in connection with this Agreement.

8.9 Notice

Any notice required or permitted to be given hereunder or for the purposes hereof to any party shall be given or made in writing and either delivered personally or sent by facsimile, sent by electronic courier (email) at the respective address and/or fax number or registered mail, postage prepaid, addressed as follows:

In the case of a notice to the Municipality: Resort Municipality of Whistler Attention: Corporate Officer

4325 Blackcomb Way

Whistler, BC VON 1B4

With a copy to: Whistler Housing Authority Ltd. 325-2400 Dave Murray Place Whistler, BC V0N 1B2

Facsimile No. 604.932.4461

In the case of a notice to the Owner: to the postal address of Owner set out in the records at the LTO or delivered to the Owner by delivery to the Property or sent by electronic courier (email) or facsimile to the email address on record for the Owner with the Whistler Housing Authority Ltd.

The time of giving or making such notice, demand, request, consent, or objection shall be, if delivered, on the day of delivery thereof, if sent by facsimilie or by electronic courier (email), on the next Business Day and if mailed, then on the fourth (4th) Business Day after the day of the mailing thereof; provided that, if mailed, should there be between the time of mailing and the actual receipt of the notice a mail strike, slowdown, or other labour dispute which might affect delivery of such notice, then such notice shall only be effective if actually delivered. Either Party may by

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similar notice given change the address to which future notices or other communications shall be sent.

8.10 Enurement

This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns, heirs, executors, administrators and personal representatives, notwithstanding any rule of law or equity to the contrary.

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8.11 Severance

If any provision of this Agreement is found to be invalid or unenforceable such provision or any part thereof will be severed from this Agreement and the resultant remainder of this Agreement will remain in full force and effect.

8.12 Waiver

All remedies of the Municipality will be cumulative and may be exercised by the Municipality in any order or concurrently in case of any breach by the Owner and each remedy may be exercised any number of times with respect to each breach. Waiver of or delay in the Municipality exercising any or all remedies will not prevent the later exercise of any remedy for the same breach or any similar or different breach.

8.13 Entire Agreement

This Agreement, the Housing Agreement and any documents signed by the Owner contemplated by this Agreement, represent the whole agreement between the Municipality and the Owner respecting the use, occupation, and Disposition of the Property, and there are no warranties, representations, conditions or collateral agreements made by the Municipality except as expressly set forth in this Agreement.

8.14 Further Assurances

Upon request by the Municipality the Owner will forthwith do such acts and execute such documents as may be reasonably necessary in the opinion of the Municipality to give effect to this Agreement.

8.15 Runs with the Property

This Agreement burdens and runs with the Property and every parcel into which it is consolidated or subdivided by any means, including by subdivision under the Land Title Act (British Columbia) or by strata plan under the Strata Property Act (British Columbia). All of the covenants and agreements contained in this Agreement are made by the Owner for itself, its personal administrators, successors and assigns, and all persons who after the date of this Agreement, acquire an interest in the Property.

8.16 Equitable Remedies

The Owner acknowledges and agrees that damages would be an inadequate remedy for the Municipality for breach of this Agreement or the Option and RFR and that the public interest strongly favours specific performance, injunctive relief (mandatory or otherwise), or other equitable relief, as the only adequate remedy for a default under this Agreement or the Option and RFR.

8.17 No Agency

Nothing in this Agreement will constitute the Owner as the agent, joint venturer, or partner of the Municipality or give the Owner any authority to bind the Municipality in any way.

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8.18 Governing Law

The laws of British Columbia will apply to this Agreement and all statutes referred to herein are enactments of the Province of British Columbia. Without limiting the above, in the event of any conflict between any provision of this Agreement and the Residential Tenancy Act, this Agreement is without effect to the extent of the conflict.

8.19 Contract and Deed

By executing and delivering this Agreement the Owner intends to create both a contract and a deed executed and delivered under seal.

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Schedule "A"

Sample Calculations for Maximum Price, Resale.

INFILL HOUSING

Example 1

A first resale

Maximum Price, (for first resale) $200,000.00

Change in CCPI =

CCPI at date of contract for resale 113.4 - CCPI at Previous Sale (first sale in this example) 112.3 x 100 = .98%

112.3

Maximum Price, Resale = $200,000 plus ($200,000 x .0098 = $1,960) = $201,960.00

Example 2

A fourth resale.

Previous Sale Price (from third sale) $213,647.00

Change in CCPI =

CCPI at date of contract for sale 116.1 – CCPI at Previous Sale (third sale in this example) 115.2 x100 = .78 %

115.2

Maximum Price, Resale = $213,647 plus ($213,647 x .0078 = $1,666.45) = $215,313.45

Example 3

A resale where CCPI has declined

Previous Sale Price $213,647.00

Change in CCPI

CCPI at date of contract for sale 113.9 – CCPI at Previous Sale 114.2 x 100 = negative .26%

114.2

Maximum Price, Resale = Previous Sale Price of $213,647.00 (because percentage change is negative)

END OF DOCUMENT

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From: ELIZABETH HARRIS [[email protected]] Sent: Tuesday, August 30, 2011 4:56 PM To: info Subject: Asphalt Plant Complaint

To the Mayor and Council, Municipality, etc. I'm writing to complain about the horrendous smell that is coming from the Asphalt Plant today. I am a resident of Cheakamus Crossing and have been enduring days of Asphalt production all summer, but today is the absolute worst day since we moved in and I can not keep my mouth shut any longer. I have had to close every window in our home and yet I can still smell the fumes. My eyes are stinging and my 3 month old child and I are not able to go for a walk in our own neighborhood because the fumes and smell are so noxious. I realize this is an ongoing issue, but I wanted to file a formal complaint in hopes that the municipality will continue to deal with this issue and get this plant moved as soon as possible...this has gone on far too long. It's a sad day in Whistler when you can't even go outside. Elizabeth Harris #24-1375 Cloudburst Drive Whistler, BC V0N1B1 ph: 604-938-5959

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-----Original Message----- From: Cathy Dixon [mailto:[email protected]] Sent: August 26, 2011 9:15 AM To: Mayor's Office; Ralph Forsyth; Grant Lamont; Ted Milner; Chris Quinlan; Tom Thomson; Eckhard Zeidler Cc: [email protected]; Paul A BCIM:EX Flanagan; Chris Wright; Catharine Wright; [email protected]; [email protected]; [email protected] Subject: Walking and Biking Path on Fitzsimmons Creek Dike Dear Mayor and Council, I am writing to express my absolute opposition to creating a public cycling and walking path along the Fitzsimmons Creek Dike. First some history: When the dike was proposed in the late 1980's most of the residents along the creek were opposed not because they objected to flood protection but because they feared the loss of privacy that a dike in their back yards would potentially pose. Mayor and council at the time (I was at the meeting) assured residents that steps would be taken to ensure the dike would not become a public thoroughfare. Those steps included placing gates at potential points of entry, and applying a course grade of gravel to the surface of the dike in order to discourage walking there. Residents were also told they could mitigate the look of the rock and gravel berm by being welcomed and encouraged to landscape their yards to the dike. Fast forward to recent events: My husband and I recently rebuilt our home on Fitzsimmons Creek timed to coincide with occupancy in time for the 2010 Winter Olympics. Unfortunately our timing bumped up against the new ruling by the Department of Fisheries and Oceans to expand the riparian zones along creeks to 30 metres from 15. The outcome of this ruling is that all the lots on Fitzsimmons Creek, on our stretch of it, are now subject to riparian setbacks on one side and municipal set backs on the other that together render the building envelopes untenable and thus subject to Board of Variance applications and hearings. Ours was the first case. As I was sitting in the hearing precipitated by Fisheries and Oceans rulings, that subsequently delayed our building schedule by 8 months, there were 3 large excavators sitting in Fitzsimmons Creek, an irony not lost on the Board of Variance committee members. The variance decision resulted in the riparian zone being expended around the side of our house and the municipality giving a few inches into the road set backs. There was not one shred of science involved in the process. It was completely arbitrary and considered a good compromise if each of Fisheries and the Municipality "gave a little". To the Municipalities credit they pointed out to the Department of Fisheries and Oceans at the time that there was already a dike between the proposed building and the creek, to which Fisheries and Oceans replied, and I quote "well it's not that big of a dike". Subsequently we then had to "give a lot" in the form of thousands of dollars in environmental consulting fees, and native plantings all in a supposed effort to preserve the riparian zone on the dry side of, in my opinion, "a rather large dike". I am all in favour of protecting nature but this example of bureaucracy was stunning in it's inanity. And now you are asking us to relinquish our privacy and consider opening the dike to pedestrians and cyclists. This is absolutely appalling. Please consider the following in your deliberations; 1) There is already a path on the West side of the Creek that is used by both cyclists and walkers/runners. It is connected to an existing trail that goes under the bridge on Nancy Greene drive and connects to the trail along side Lorimer Road. If it's a matter of reticence to widen and make

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the trail smoother under the guise of protection of the riparian zone I would encourage Mayor and Council to walk along the pathway North of Nancy Greene Drive between Highway 99 and Fitzsimmons Creek to see that is exactly what has been done and can be replicated without compromising anyone or anything. 2) Real estate prices on the West side of Fitzsimmons Drive command a premium price because of the proximity to the creek, the views and the privacy it affords. Subsequently we are paying taxes that reflect that reality. 3) The status quo. Fitzsimmons Road, particularly Fitzsimmons South is an extremely very well traveled pedestrian and biking thoroughfare. If safety is an issue and if there has been any compromise of safety for those bikers and pedestrians, which to date I know of none, I would suggest it could be simply solved by deploying "traffic calming", i.e. speed bumps to discourage those few drivers that don't respect speed limits. 4) Many of these pedestrians and cyclists travel Fitzsimmons Road late at night after reveling in Whistler Village. I love the youthful exuberance of Whistler and I understand the desire to celebrate but it's one thing to have hooting and hollering on the street late at night and quite another to invite it into our back yards. 5) There will be an increase in property damage and thefts by inviting anyone and everyone to travel through our back yards. It has already happened along the dike and it will increase if the dike is made completely accessible. 6) A review of the minutes of the meeting regarding installing the dike from the late 80's that addressed residents concerns about traffic in their back yards, and respect the decisions taken by Mayor and Council at that time. 7) That you abandon a costly communications and consultation process that flies in the face of reason, commitments by previous council and the opposition of residents. In conclusion, there is absolutely no reason to compromise the residents of Fitzsimmons Road North and South with a thoroughfare on the dike when there is already an existing trail, a roadway and commitment by previous mayor and council to safeguard our privacy. Thank you for your consideration. Cathy Dixon Paul Flanagan 7257 Fitzsimmons Road South Whistler, BC VON 1B0 250 592-9317 home 250 896-9317 cell Cathy Dixon

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From: Marcia Meszaros [mailto:[email protected]] Sent: August 24, 2011 9:20 PM To: Mayor's Office; Ralph Forsyth; Grant Lamont; Ted Milner; Chris Quinlan; Tom Thomson; Eckhard Zeidler Subject: Opening the berm on fitzsimmons! Mr Mayor and Council I have to say that I am shocked by the decisions our local government has come up with now. I own a residence on Fitzsimmons Rd S and am appalled by what I have found out council is trying to slip past us without consultation from the local residents. Opening the berm from Fitzsimmons S to Fitzsimmons N to Spruce grove park is not only going to cause us to have hundreds of people walking past our back doors daily. It is going to decrease our privacy, our property value and increase the level of noise significantly. No I can tell you this, we as the residents are not going to allow you to turn our back yards and our lives into a zoo which is essentially what you are doing. We will not be able to sit in our yards and read a book or enjoy the sun on a beautiful day without being watched or talked to, unwanted I may add. Every Tom,Dick and Harry literally will have access to our lives and now easy access to our houses from another side at any moment of the day. Now lets talk about dogs and irresponsible dog owners. I have a 15 month old son who plays in our yard all the time. There are a high percentage of people that walk there dogs off leash. Who is going to stand by my house and guarantee that dogs are not going to be constantly running into my yard. Who is going to guarantee that my son is safe playing in his own yard from random dogs we don't know if they are friendly or not. I also have a 6 month old dog, who is going to guarantee she is safe from dogs or that she won't get taken from my yard as we all know that happens in Whistler. You guys are opening up such a can of worms for things to go wrong. I won't feel safe having my son or my dog in the yard for a moment without being within a couple feet just in case. This is not fair to my family or any other family who lives along this street. I can guarantee if any of you had a house on this street you would not think this is such a great idea!!! There are no back lanes in Whistler which allows all residents here to at least have privacy on one side of there house. There is already a walking and biking path on the other side of the river that is already established, easily accessible and a beautiful walk through the woods. It already has a great connection to the lake and it passes under the bridge safely to get to Spruce Grove. I walk it and ride it all the time with my son and my puppy. If you want to improve something not that it needs improving because it is already beautiful, increase signage to access that trail but leave the berm the way it is. Whitegold used to be a quiet family oriented part of our community. Now with the new celebration plaza that disrupts us every weekend and the valley trail through our back yards, you are taking the

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lifestyle and the reason we live here and throwing it away for us without our consultation or approval. Marcia Meszaros Please contact me at 604 698 6169 I would like to discuss this with you all further

awinkle
Typewritten Text
7249 Fitzsimmons Rd South

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From: Brigitte Sooke [mailto:[email protected]] Sent: August 19, 2011 1:03 PM To: Mayor's Office Cc: Donna Wango; Ralph Forsyth; Ted Milner; Chris Quinlan; Tom Thomson; [email protected] Subject: RMOW Act proposed amendment Dear Mayor & Council Re:Proposed changes to the Whistler Offical Community Plan As Phase 1 owners since 1992 we want to express our concern. We disagree with Councils attempt to change the TA section of the OCP and how this will change the use of our Phase 1 accommodation. We have never been managed by a Property Manager and be assured we have never been part of a TripAdvisor review. Vistors should have the choice to pay for a full service experience or choose a less costly accommodation. When we purchased our condo, we purchased knowing our rights and uses for this property. We are aware that you can not legally and materially change what people bought in a way that will reduce their property values. Increasing our costs by attempting to reclassifying to Class 6 accommodation will likely result in many owners being unable to meet the added cost through rental income. This would force us and many people to sell in a market that is already depressed. What kind of a message will we be sending out to Investors? Certainly our only option would be to invest somewhere else. This has been our seconf home for almost 20 years. We, our family & friends have supported businesses throughout the valley including Whislter/Blackcoomb Mountains during this time. We have had visitors from across the globe. We have a unique situation where Whistler is going through a Post Olympic downward cycle coupled with the current Worldwide financial crisis. This has never happened before! We are not unlike any other Resort in Canada & the USA. Our USA neighbours have been our greatest supporters in the past. First they lost the GST rebate and now their dollar has gone below par. Surely charging them more for accommodations is not going to bring these folks back! There are many more issues to be resolved in Whistler. Number 1 .....attract better quality visitors. Number 2....Restaurants have, over the 20 years we have owned here, given us some of the worst service, lack of cleanliness and value in any city we have ever visited. As Phase 1 owners we are very troubled by this attempt to reclassify to Class 6 accommodation which will devalue our property, increase our taxes, add additional expenses which we will have no control over. We are being penalized for something we have had no control over.

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As Taxpayers we are entitled to transparent advance notice, due process, engagement and consultation. You have NOT given us an opportunity to get involved. We urge you and council NOT to change the proposed amendments to the RMOW Act. Kind regards, Tom Sooke, Brigitte Sooke,licensed Realtor Owner #109-2221 Gondola Way,Whistler Complex, Sundance, Phase 1

awinkle
Typewritten Text
604-533-8397

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From: Nelson, Janice EHSC:EX [mailto:[email protected]] Sent: August 19, 2011 11:12 AM To: '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Anmore, Village ENV:IN; XT:Carley, Howard CSCD:IN; '[email protected]'; XT:Ferguson, Patti CITZ:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Burnaby, City ENV:IN; '[email protected]'; XT:Muni Burns Lake, General CITZ:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Chilliwack, City ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Priest, Ross TRAN:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Chute, Jim LCS:IN; '[email protected]'; '[email protected]'; '[email protected]'; XT:Ireland, Tom LCLB:IN; '[email protected]'; '[email protected]'; XT: Enderby, City ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Muni Fort St. James, General CITZ:IN; '[email protected]'; '[email protected]'; '[email protected]'; XT: FraserLake, Village ENV:IN; '[email protected]'; XT:Kingston, Gerry LCS:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: GoldRiver, Village ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; XT: GrandForks, City ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Maitland, Alice LCS:IN; '[email protected]'; '[email protected]'; XT: Highlands, District ENV:IN; '[email protected]'; '[email protected]'; XT:District of Houston LCS:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Keremeos, Village ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; XT: Kitimat, District ENV:IN; '[email protected]'; '[email protected]'; XT: KitimatStikine, RegionalDistrict ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]';

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'[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Langford, City ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Masset, Village ENV:IN; XT: Masset, Village ENV:IN; '[email protected]'; XT: McBride, Village ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Montrose, Village ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Manson, Fred CITZ:IN; '[email protected]'; '[email protected]'; '[email protected]'; XT:Lemke, Elsie CITZ:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: PortAlice, Village ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: PowellRiver, RegionalDistrict ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Muni Princeton, General CITZ:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: QueenCharlotte, Village ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Salmo, Village ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Muni Sidney, General FIN:IN; '[email protected]'; '[email protected]'; '[email protected]'; XT: Masset, Village ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Spallumcheen, Township ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Stewart, Michelle GCPE:IN; XT: Stewart, District ENV:IN; XT: GoldRiver, Village ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Muni Telkwa, Administrator CITZ:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Ucluelet, Didtrict ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; XT: Vancouver, City ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT: Warfield, Village ENV:IN; XT: Warfield, Village ENV:IN; XT: Wells, District ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; Ken Melamed; Shannon Story; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]' Subject: Invitation to Meet with the BC Ambulance Service Executive Management

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Sent on behalf of Les Fisher, Chief Operating Officer and Carl Roy, Executive Officer, BC Ambulance Service 

Invitation to meet with BC Ambulance Service 

The Executive Management of the BC Ambulance Service (BCAS) is pleased to invite you to meet with us, during the upcoming Union of BC Municipalities (UBCM) Convention, in Vancouver on September 28 & 29, 2011. 

Meeting individually with municipal leaders enables the BCAS to have a more thorough understanding of your community's priorities for emergency medical care.  These meetings also provide an excellent opportunity to learn more about the BCAS and its operations first‐hand. 

In order to make the best use of everyone's time during the meeting, please advise us of the one or two topics pertaining to your community that you would like to discuss and who will be attending the meeting.  

Please RSVP by Tuesday, September 13, 2011, to Janice Nelson, Executive Admin Assistant, by email [email protected] or 250.953.3320 (please include your email address and phone number).  

We look forward to meeting with you next month.    Sincerely,    Les Fisher                                      Carl Roy Chief Operating Officer                 Executive Officer     Janice Nelson EAA, Emergency and Health Services Commission  |  250.953.3320        

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From: Lana Simon [mailto:[email protected]] Sent: August 21, 2011 7:59 PM To: Mayor's Office; Ralph Forsyth; Grant Lamont; Chris Quinlan; Tom Thomson; Eckhard Zeidler; Bill Barratt; Finance Departmental email; Mayor Gardner; Councillor Raiser; Councillor Lonsdale; Councillor Race; Councillor Heintzman; Councillor Lalli; Councillor Kirkham; Administrative Officer Ramsay; General Manager - Finance Cc: Whistler Animals Galore Shelter Subject: Feral Cats - Trap/Neuter/Return - Cat Licensing

To: Mayor and Councils - Whistler, BC To: Mayor and Councils - Squamish, BC

Dear Mayor and Councilors:

I recently corresponded with both the Cities of Toronto and Windsor regarding feral cats, Trap/Neuter/Return and cat licensing.

The following weblink should be of interest to your council in your deliberations regarding the above subjects. It has been sent to all Mayors and Councils in British Columbia. http://www.pacificanimal.org/municipalemail2.html

If the Municipalities of Whistler and Squamish invest in implementing Trap/Neuter/Return (TNR) programs for feral cats, the investment will pay off in the form of significantly reduced numbers of kittens being born on the street and surrendered to pounds. That, in turn, will be reflected two ways - lower animal control costs for your municipalities, and fewer feral kittens being produced to enter the shelter system. Please see attached which also may be helpful to your Councils.

Sincerely,

Lana Simon, Director Pacific Animal Foundation www.pacificanimal.org

awinkle
Typewritten Text
# 735- 1641 Lonsdale Avenue, North Vancouver, BC V7M 2J5 604-986-8124

Lower Your Animal Control Costs through

TRAP-NEUTER-RETURN _________________________________________________________________

BENEFITS OF TRAP-NEUTER-RETURN (“TNR”) PROGRAM

Lower admissions = Tax Dollar Savings

Fewer cats entering Shelter results in a reduction of costs associated with:

• kennel space • cat food • vaccines • cat litter • spay-neuter expenses

medical care expenses eg. deworming flea treatments antibiotics

Benefits to Animals at a Shelter if fewer admissions:

• less overcrowding = less disease • more staff/volunteer attention • more resources for other areas

eg. dog and cat grooming at shelter dog walking; dog training at shelter funds for upgrading facilities funds for school and public education programs and campaigns

A Trap/Neuter/Return Program reduces future animal shelter costs by reducing constant admission of feral cats and kittens.

Adult feral cats do not increase shelter numbers because, after recovery from spay/neuter surgery, they are returned to their original location. They are not social with humans and prefer to live outdoors.

No pound facility jobs need to be lost because of lower intake numbers. Job descriptions can be redefined to accommodate new opportunities opening. eg. re-trained to be animal groomers, dog rehab trainers, community education outreach staff.

DO THE MATH ! CURRENT OPERATING COSTS VS INVESTMENT COST TO SHELTER WITHOUT TNR PROGRAM WITH TNR PROGRAM STANDARD OPERATING COST TO SHELTER WHEN CAT ENTERS POUND FACILITY:

• cat held at facility 4 – 7 days (depending on impound contract bylaw); needs kennel space and staff

• cat requires daily food and

litter; • euthanasia drug cost and

disposal if cat not claimed within impound contract time (ferals will not be claimed)

= $ _____ per day = $ _____ per day = $ _____ per cat

INVESTMENT COST TO SHELTER WITH FERAL TNR PROGRAM

• spay or neuter and one vaccination

(*ask all area vet clinics to participate with low-cost community discount)

= $ _____ per cat

TOTAL COST PER FERAL CAT

= $ _______

TOTAL COST PER FERAL CAT

= $ _______

With no TNR program then: • continuous flow of feral cats

and kittens as they constantly reproduce

• AND killing of healthy but

unadoptable cats

= $ ________ X forever = $ ________ X forever

With a TNR program then:

• NO more kittens and gradual reduction of adult feral cats in community through attrition

• AND NO KILLING of healthy

but unadoptable cats = more community support!

No further costs

Prepared by Pacific Animal Foundation - www.pacificanimal.org

TO: MAYOR AND COUNCIL

FROM: Recycling Council of British Columbia

DATE: August 26th

, 2011

___________________________________________________________________

Re Proclamation Request

_________________________________________________________________________

Canada will celebrate its eleventh annual National Waste Reduction Week from

October 17th-23rd, 2011. Each year the Recycling Council of British Columbia (RCBC)

organizes BC’s involvement in observing this important week. We would like to ask all

municipal councils in BC and all Regional Districts to officially declare October 17th-23rd,

2011 as Waste Reduction Week in their communities.

Waste Reduction Week is intended to raise awareness about waste and its environmental

and social impacts. The theme of Waste Reduction Week, “Too Good to Waste”, is meant

to draw attention to the richness and diversity of the natural world and the importance of

working towards ecological sustainability through waste avoidance and resource

conservation.

RCBC began sponsoring “October Waste Reduction Month” in BC fifteen years ago. In

2001 we teamed up with organizations from across Canada to create Waste Reduction

Week, a national event with participation from every Canadian province and territory.

Please join RCBC in proclaiming October 17th-23rd, 2011 as National Waste Reduction

Week. For more information or a sample proclamation, please visit the national website at

www.wrwcanada.com.

Kind regards,

Recycling Council of British Columbia.

www.rcbc.bc.ca

____________________________________________________________________________ (Name of Municipality)

hereby recognizes

Waste Reduction Week in Canada October 17-23, 2011

As a municipality, we are committed to conserving resources, protecting the

environment and educating the community.

We recognize the generation of solid waste and the needless waste of water and energy resources as global environmental problems and endeavor to take the

lead in our community toward environmental sustainability.

We have declared October 17‐23, 2011, Waste Reduction Week in

____________________________________________________________________________

Municipality

____________________________________________________________________________ Signed Date

____________________________________________________________________________

Name and Position

Please send this declaration to [email protected] and it will be posted online with all other municipal proclamations.