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Trial date set for rope swing lawsuit

Council news: third quarter report and sign bylaw revisions on the table
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Whistler could be going to trial next year over a rope swing accident at the Meadow Park pool more than two years ago.

A trial date has now been set to hear Carol Ann Crichton's case against the Resort Municipality of Whistler (RMOW).

In the RMOW's response to Crichton's notice of civil claim, filed in the Supreme Court of British Columbia in May, it "denies the accident occurred as alleged or at all and puts the Plaintiff to the strict proof thereof."

Crichton, described in court documents as an executive director in Vancouver, claims to have suffered physical injury, loss and damages, after jumping into the pool from the rope swing in mid July 2011.

Her feet hit the bottom of the pool, she claims, as a result of negligence from the municipality and/or breach of statutory duty of the municipality.

In response, Whistler's lawyer with the Municipal Insurance Association of British Columbia, stated: "The municipality denies that it or any of its employees, servants or agents were negligent or breached any duty of care, statutory or otherwise."

Instead, Crichton failed to "take sufficient care when she knew or ought to have known that caution was warranted," among other things.

Crichton is looking for relief or compensation for general damages, special damages, and costs, as a result of her injuries to her feet, ankles, hips and back, all of which have caused pain, suffering, loss of enjoyment of life, loss of earnings and earning capacity.

Whistler opposes the granting of relief.

The trial date has been set for Oct. 30, 2014.

Transit and rec revenues trailing in third quarter

Revenues from transit and the Meadow Park Sports Centre are a little less than expected for this time of year, according to the municipality's director of finance.

Ken Roggeman highlighted the lagging revenues as part of Whistler's third quarter financial report at the last council meeting on Nov. 19.

"Those are the two that come most to mind," said Roggeman in response to a question from council, wondering if any revenues were trailing in the overall municipal operations.

Roggeman added: "However, they tend to have seasonal variances.

"Overall, I still feel relatively comfortable."

The report shows transit revenues are at $1.8 million as of Sept. 30 out of the annual budget of $3.8 million — 47 per cent.

The notes in the report state: "Approximately one quarter of budgeted transit revenue is funding from AHRT (Additional Hotel Room Tax) and will be accounted for at the end of the fiscal year. In addition, a larger proportion of transit revenues are earned in the first and fourth quarter of the fiscal year."

At the Meadow Park Sports Centre, revenues are at $1.07 million out of the annual budget of $1.5 million — 70 per cent.

On the other hand, revenues are up in other areas. Legislative Services revenue, for example, is higher than budgeted. This is due to an increase in revenue from the Whistler Cemetery.

"Some established members of the community have passed on in the last year," said an emailed statement from the communications department. "We have found that when this happens, other community members start thinking about their final wishes and making plans for burial."

Parking revenues too are higher than forecasted. At the end of the third quarter, day lot parking revenues were $554,000 — 86 per cent of the annual budget of $645,000.

Other parking revenue, not including fines, was $783,000 — 120 per cent of the annual budget of $645,000.

"Parking revenues have been increasing over the last few years," according to RMOW communications. "Demand for parking appears to have increased and the RMOW has also adjusted its product types and rate to meet various demands, which in turn has increased revenue."

The quarterly report covers the three months ending Sept. 30.

Council introduced quarterly financial reporting year as a way to provide the community and council with a regular overview of financial information.

"It was great to see the turnaround in investments," said Councillor Jayson Faulkner at last week's council meeting.

At the second quarter report, investment returns registered a loss of more than $200,000. During the third quarter, investment returns have improved by more than $700,000.

A lot of the money is in pooled funds with the Municipal Finance Authority, explained Roggeman.

Also on the rise is the Additional Hotel Room Tax. Whistler has an additional $185,000 in AHRT this year, compared to the same time period last year — a reflection of growing hotel room use in the resort.

Overall, municipal operating expenditures by division are tracking at, or slightly less than, 76 per cent of their annual budget; total operating expenditures are at $38.9 million, which is 71 per cent of the annual budget.

Sign bylaw "a priority" at the hall

One year after he was ordered to remove his business signs in Alpine Meadows, potter Vincent Massey is still awaiting clarification on the signs advertising his home gallery.

"I still haven't had any clarification on it," said Massey this week, as he heads into his busy Christmas season, and the two-week time period when he typically sets out his signs.

Massey has been operating his pottery business from his home in Alpine for 28 years. He first wrote to council in January after he was told to remove his signs last year. That letter was referred to the working group developing the Community Cultural Plan, which wrapped up this fall.

Of the 30 strategies set out in the new Community Cultural Plan, there is a direction to: "revise existing Whistler bylaws that prohibit home-based business and signs in residential areas to support the sale of art through artists' home-based studios."

That revision has yet to happen.

"Staff realize this is a priority," said the RMOW's general manager of resort experience Jan Jansen, adding that changes would not be coming in time for this season, recognizing the complexity of the issue.