1 1. ADOPTION OF THE AGENDA THAT the Committee of the Whole adopts the January 10, 2019 Committee of the Whole meeting agenda.

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1 Agenda for the 10:00 am Thursday, January 10, 2019 Town of Qualicum Beach Committee of the Whole Meeting to be held in the Council Chamber, 660 Primrose Street, Qualicum Beach, BC Page No (This meeting may be recorded) 1 1. ADOPTION OF THE AGENDA THAT the Committee of the Whole adopts the January 10, 2019 Committee of the Whole meeting agenda ADOPTION OF THE MINUTES THAT the Committee of the Whole adopts the November 21, 2018 Committee of the Whole meeting minutes. 3. DELEGATIONS 5-16 (1) Qualicum Beach Multi-Use Cinema Society requesting support for the proposed multi-use cinema at the old bus garage site 4. STAFF REPORTS (1) Planning (Luke Sales, Director of Planning) (a) Cannabis Retail and Public Use in the Town of Qualicum Beach Staff report dated December 17, 2018 included as background information 5. ADJOURNMENT THAT the Committee of the Whole adjourns the meeting. Heather Svensen Corporate Administrator Page 1

2 Minutes of the 10:00 am Wednesday, November 21, 2018 Town of Qualicum Beach Committee of the Whole Meeting held in the Council Chamber, 660 Primrose Street, Qualicum Beach, BC PRESENT: Council: Mayor Brian Wiese Councillor Robert Filmer Councillor Scott Harrison Councillor Adam Walker Councillor Teunis Westbroek ALSO PRESENT: Staff: Daniel Sailland, Chief Administrative Officer (CAO) Luke Sales, Director of Planning Heather Svensen, Corporate Administrator Haylee Gould, Deputy Corporate Administrator ADOPTION OF THE AGENDA The Committee of the Whole adopted, by unanimous consent, the November 21, 2018 Committee of the Whole meeting agenda as amended by adding Policy Council Computer Purchase and Related Expenses Policy. CARRIED ADOPTION OF THE MINUTES The Committee of the Whole adopted, by unanimous consent, the September 6, 2018 Committee of the Whole minutes. CARRIED DELEGATIONS (1) Pat Jacobsen, 606 Sumac Drive, Qualicum Beach Streamkeepers Provided an update on the Faye Smith-Rosenblatt Pavilion Project and an overview on the proposal for the next phase of the project. The presentation can be found on the Town s website which includes the following: Introduction of the Project team Review Project Vision and Objectives Current Status and Financials Key Learnings/Outcomes Action Request of Council Qualicum First Nation participation Jessie Recalma, Qualicum First Nation, outlined the design proposed for the Faye Smith- Rosenblatt Pavilion which he will be creating over the months ahead. Jessie Recalma noted that there will be a carving on the Eastern panel of the pavilion which will represent the sun and the opposite side will contain a carving of a skull, which represents indigenous ancestors. The other carvings will represent the sky, ocean, forest, mountains and islands. Pat Jacobson closed her presentation by outlining what is needed next which included Council support for funding of Phase 2 in 2019; approval of the name: Seaside Nature Park ; incorporation of the Seaside Nature Park into the Town s signage plans; information/publicity Page 2

3 Town of Qualicum Beach November 21, 2018 Committee of the Whole Minutes - DRAFT Page 2 of 3 on the Town s website, and with the Chamber of Commerce and Parksville/Qualicum Beach Tourism Association; and working with the School District 69 to promote education of the park with their students. Councillor Westbroek MOVED and Councillor Filmer SECONDED, THAT the Committee of the Whole recommends to Council THAT staff be instructed to work with the volunteers of the Faye Memorial Project to provide recommendations to Council for support on funding of Phase 2 in 2019; approval of the name: Seaside Nature Park ; incorporation of the Seaside Nature Park into the Town s signage plans; information/publicity on the Town s website, and with the Chamber of Commerce and Parksville/Qualicum Beach Tourism Association; and, working with the School District 69 to promote education of the Seaside Nature Park. CARRIED Public Input: Walter Hoogland, consultant and Town Liaison for the project, congratulated Council on their recent election. Mr. Hoogland commended the volunteers on the work done to date noting that further requests would be coming forward. Mr. Hoogland highlighted the partnerships formed during the project which included volunteers, Town staff, business owners and the general public. Mr. Hoogland further highlighted the additional $30,000 to $40,000 in labour and materials that was donated by the business community from Courtenay to Nanaimo, noting that partnerships were encouraged by staff and the participation was regional. Tim Pritchard, 663 Windward Way, requested that the presentation of Pat Jacobson be included on the Town s website. Peter Drummond, 800 Canyon Crescent, commented on the support from the City of Parksville in the amount of $2,500 to support the project. BYLAWS (2) Town of Qualicum Beach Single-Use Item Reduction Bylaw No. 723, 2018 Public Input Opportunity The Corporate Administrator noted the submission received from Margaret Gish, Seacrest Place, dated November 19, 2018 in opposition of the proposed bylaw due to the need for sturdy handles on bags because of arthritis, and expressed concern that manufacturing of paper bags is more harmful for the environment than plastic. Daniel Sailland outlined the proposed Town of Qualicum Beach Single-Use Item Reduction Bylaw No. 723, Councillor Walker MOVED and Councillor Filmer SECONDED, THAT the Committee of the Whole recommends to Council THAT staff be instructed to amend the Qualicum Beach Single-Use Item Reduction Bylaw No. 723, 2018 by changing the effective date from Jan 1, 2019 to March 10, CARRIED Page 3

4 Town of Qualicum Beach November 21, 2018 Committee of the Whole Minutes - DRAFT Page 3 of 3 Public Input: Pat Jacobson questioned Council if they saw the bylaw as the beginning of phasing out other plastic items such as bottles and plastic cups. Daniel Sailland, CAO, responded noting that single-use items had only be considered thus far. Consideration of other plastics becomes more of a challenge. Councillor Westbroek MOVED and Councillor Filmer SECONDED, THAT the Committee of the Whole recommends to Council THAT staff be instructed to bring Policy Council Computer Purchase and Related Expenses Policy to a future Committee of the Whole Meeting for review. CARRIED ADJOURNMENT Councillor Filmer MOVED and Councillor Harrison SECONDED, THAT the Committee of the Whole adjourns the meeting. CARRIED MEETING ADJOURNED: 10:54 am Certified Correct: Heather Svensen Corporate Administrator Brian Wiese Mayor Page 4

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17 Town of Qualicum Beach M E M O R A N D U M TO: Luke Sales, Director of Planning FOR: December 17, 2018 Regular Council Meeting FROM: Rebecca Augustyn, Special Projects Planner SUBJECT: Cannabis Retail and Public Use in the Town of Qualicum Beach RECOMMENDATION: For Information. PURPOSE This memo provides information on cannabis retail and public consumption of cannabis within the Town of Qualicum Beach. BACKGROUND Recreational cannabis became legal in Canada on October 17, The Province of British Columbia has designated the following regulatory powers to local governments in respect to cannabis retail store licenses: Impose restrictions in its zoning bylaws regarding the location of cannabis retail stores. Regulate businesses through terms and conditions in its business licensing bylaw. For instance, a municipality may limit the hours that cannabis retail stores can operate or impose other conditions such as specifications regarding signage. Charge applicant fees if choosing to assess an application. In addition, as part of the licencing process, the Province of BC requires a positive recommendation from the local government in whose jurisdiction the proposed retail will be located. The regulatory powers given to local governments mean that in order for a cannabis retail business to operate within the Town of Qualicum Beach, it requires approvals from both the Province of British Columbia and the Town of Qualicum Beach. The Town also has the power to implement bylaws in relation to smoking of cannabis, tobacco and e-cigarettes within with municipality. The Town of Qualicum Beach has received applications for retail cannabis stores, even prior to cannabis being legalized. These applications, along with the impending legalization of cannabis, prompted the Town to amend the Town s zoning bylaw. On June 19, 2017, Council passed Amendment Bylaw No , 2017, which amended the Town of Qualicum Beach Land Use and Subdivision Bylaw No. 580, 1999 to permit cannabis-related businesses in specific zones through a Temporary Use Permit. Specifically, the amendment made the following changes to the zoning bylaw: Part 2 Interpretation was amended by changing the definition of retail store to exclude cannabis-related businesses; and, Part 6.4 General Regulations was amended by adding 6.1, The following zones are designated as areas where cannabis-related businesses may be permitted as a Temporary Use in accordance with Section 492 of the Local Government Act: Commercial 1 (C1) and Commercial 9 (C9). Page 17

18 Report: Cannabis Retail and Public Use in the Town of Qualicum Beach December 17, 2018 Council Report This amendment to the zoning provided the Town with a framework to respond to cannabis retail applications. On August 4, 2017, the Town received a temporary use permit application for Unit #1-675 Fir Street. The application made its way through the temporary use permit process, including having a public hearing on October 2, Council withheld approval at that time, citing conflict with the federal legislation as the reason since cannabis had not yet been legalized in Canada. The applicant was instructed to return prior to the 2018 federal legalization of cannabis. The applicant reapplied on April 17, 2018 in response to the Town s March 23, 2018 request for proposals (RFP) for 124 Harlech Road. Their application was for a cannabis related retail business, QualiCanna Ltd., to operate in the old fire hall building. On May 25, 2018, Council directed staff to negotiate a lease with QualiCanna Ltd. for Unit #2, 124 Harlech Road and on July 4, 2018, Council authorized a two-year lease agreement between the Town of Qualicum Beach and QualiCanna Ltd. to permit a cannabis related business at 124 Harlech Road. To complete notification requirements, the Town advertised the Temporary Use Permit application for the operation of a cannabis retail outlet at 124 Harlech Road in the October 30, 2018 Parksville-Qualicum Beach Newspaper. Between October 30, 2018 and November 9, 2018, the Town received both positive and negative feedback as part of the advertisement process. On November 13, 2018, the Town issued a Temporary Use Permit on November 13, 2018 as a continuation of the process that has been underway since June DISCUSSION The Town of Qualicum Beach issued QualiCanna Ltd. a temporary use permit to permit retail cannabis in Unit #2, 124 Harlech Road. Under the Local Government Act, a local government may specify conditions for a temporary use in the temporary use permit. The term of a temporary use permit is a maximum of three years, or earlier as specified by the local government. The Town of Qualicum Beach has issued QualiCanna Ltd. a permit for two years. The following conditions have also been applied to the temporary use permit for QualiCanna Ltd.: a) A cannabis retail business shall be conducted within a completely enclosed building. b) No person shall permit a minor (under 19 years of age) to enter or remain on the business premises of a cannabis retail business. c) No person shall carry on a cannabis retail business between the hours of 8 p.m. and 8 a.m. the following day. d) No person shall smoke or consume marijuana in a cannabis retail business or within 3 metres of any doors of a cannabis retail business. e) No person shall block the windows of the business premises of a cannabis retail business with opaque material, artwork, posters, shelving or similar materials. f) There is to be no display of items related to the consumption of marijuana that can reasonably be seen from outside the business. g) Business signs shall be placed near the entry door and front windows. The size and content of the signs must be approved by the Town of Qualicum Beach. h) Product Warning signage shall be posted at the entrance and service counter of a cannabis retail business. Signage shall also be posted at the entrance of the cannabis retail business prohibiting minors (under the age of 19) from entering. The size and content of the signs must be approved by the Town of Qualicum Beach. i) Video surveillance cameras that monitor all entrances and exits and the interior of the business premises shall be installed in the cannabis retail business. j) Video camera data collected at the cannabis retail business shall be retained for at least 21 days after it is gathered. Page 18

19 Report: Cannabis Retail and Public Use in the Town of Qualicum Beach December 17, 2018 Council Report k) A security and fire alarm system shall be installed at the cannabis retail business and shall be monitored at all times. The layout of the security and fire alarm systems must be approved by the Town of Qualicum. l) An appropriate odour suppression system shall be installed and operational at all times. The provincial legislation and regulatory requirements for cannabis retail does not include minimum separation distances between cannabis retail shops or minimum distances from other uses, including schools. This means that minimum separation distances are up to the local government to implement. The Town of Qualicum Beach s approach is to require a temporary use permit for all retail cannabis applications so that each application is considered by Council. As a result, Council has the authority to approve the proposed location, determine the number of cannabis retail stores, and impose conditions as part of the temporary use permit. For instance, when reviewing the application for QualiCanna Ltd., Council specified that QualiCanna Ltd. would be the only cannabis retail in the Town of Qualicum Beach for the duration of their two-year temporary permit. If any of the conditions in the temporary use permit are violated, the permit would be nullified and the lease terminated. Another component to cannabis legalization is public consumption. The Town of Qualicum Beach Smoking Regulation Bylaw, Bylaw No. 681 regulates where people are permitted to smoke in public spaces. The bylaw specifies that a person must not smoke in a public building, on an outdoor patio of a public building, or within 7.5m of any doorway, window, or air intake of a public building. The Smoking Regulation Bylaw applies to both tobacco and any other plant or weed being smoked, including cannabis. The bylaw does not address public spaces such as parks or trails for either tobacco or cannabis. If Council would like the bylaw to address public spaces, then Alternative #1 would direct staff to undertake a review of the Town s Smoking Regulation Bylaw, Bylaw No SUMMARY The Town of Qualicum Beach recently issued a temporary use permit for Unit #2, 124 Harlech Road to permit QualiCanna Ltd., a retail cannabis business, to operate. The temporary use permit lists 12 conditions that the business must follow in order to be permitted to operate for the length of the permit, which is two years. The conditions, along with the location, ensure that the Town can closely monitor the business and if at any point the terms are violated, the temporary use permit would be nullified and the lease terminated. As per Council direction, this is the only temporary use permit that is expected to be issued during the two years that QualiCanna Ltd. is permitted to operate. The Town s smoking bylaw does apply to tobacco as well as cannabis, but does not address smoking in public spaces such as parks and trails. ALTERNATIVES THAT Council directs staff to undertake a review of the Town of Qualicum Beach Smoking Regulation Bylaw, Bylaw No Rebecca Augustyn Special Projects Planner Report Writer Luke Sales, MCIP, RPP Director of Planning Concurrence Daniel Sailland CAO Concurrence N:\ ADMINISTRATION\0360 COMMITTEES AND COMMISSIONS\Council\2018\12 10 regular Council agenda\memo.cannabis Retail and Public Use December docx Page 19