Gabriola LTC APC Bylaw No. 296

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GABRIOLA ISLAND TRUST COMMITTEE BYLAW NO. 296

A BYLAW TO ESTABLISH ADVISORY PLANNING COMMISSIONS FOR THE GABRIOLA ISLAND LOCAL TRUST AREA PURSUANT TO THE LOCAL GOVERNMENT ACT AND THE ISLANDS TRUST ACT

The Gabriola Island Trust Committee, being the Local Trust Committee having jurisdiction on and in respect of the Gabriola Island Local Trust Area in the Province of British Columbia, pursuant to the Islands Trust Act, enacts as follows:

1. Establishment a) The Gabriola Island Local Trust Committee may appoint one or more Advisory Planning Commissions to advise the Local Trust Committee on all matters referred by the Local Trust Committee respecting land use, the preparation and adoption of an official community plan or a proposed bylaw or permit that may be enacted or issued under Part 14 of the Local Government Act.

2. Appointment of Members

a) The Local Trust Committee may, by resolution, appoint up to nine members to an Advisory Planning Commission (APC) to serve concurrent two year terms.

b) At least two thirds of APC members must be residents of the Local Trust Area.

c) The Local Trust Committee may, by resolution, remove a member of an APC at any time. d) If a member is removed or resigns from an APC, the Local Trust Committee may, by resolution, appoint a new member to serve the balance of the term of the appointment.

3. Roles

a) The APC members must, from among the members, elect a Chairperson, a Deputy Chairperson, and a Secretary, during the first meeting after their appointment.

b) The Chairperson will: i) Receive referrals from the Local Trust Committee and, in response, determine when and where meetings will be held; ii) Ensure that meetings are conducted in accordance with the requirements of this Bylaw and the Local Government Act; iii) Sign meeting minutes to certify that they are true and correct following approval by the APC. iv) Record a member’s declaration of conflict of interest or potential conflict of interest, once a member has declared it; v) In the absence of the Secretary, act in the role of Secretary or appoint another member of the APC to act in the role of Secretary.

c) The Deputy Chairperson will: i) Undertake the duties listed in 3b) above, in the Chairperson’s absence.

d) The Secretary will: i) Assist the Chairperson, as needed, to arrange meetings; ii) Ensure that public notice is posted or public advertisements are placed in advance of APC meetings; iii) Except where the Islands Trust has retained a professional minute taker to support the APC, record and maintain legible minutes of all APC meetings; forward copies of draft minutes to the

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Islands Trust office; ensure minutes are approved by the APC at a subsequent meeting; and provide copies of adopted minutes to the public upon request; iv) Inform the Local Trust Committee of the resignation of any APC member, within thirty (30) days of the resignation.

4. Referrals a) An APC will receive referrals on matters respecting land use, community planning or proposed bylaws and permits under Part 14 of the Local Government Act, which are referred directly to the Commission by the Local Trust Committee. b) A meeting on any particular referral must be held not more than (40) days after the date of receipt of that referral unless the Local Trust Committee has requested a response by an earlier specified date.

5. Notice of Meeting a) An employee of the Islands Trust must provide documentation associated with any referral from the Local Trust Committee to all members of the APC. b) The Secretary must send a notice of meeting including a description of all referrals to be discussed to each member at least five (5) calendar days prior to the meeting. c) The Secretary must ensure an applicant is notified of the date, time and place of the meeting at which his or her application or proposal will be discussed at least five (5) calendar days prior to the meeting. d) The Secretary must ensure the Local Trustees and the employee of the Islands Trust noted in 5a) are notified of each meeting at least five (5) calendar days prior to the day of the meeting. e) The Secretary must post a notice of the date, time, and place of any regular APC meeting at least five (5) calendar days prior to the meeting on a bulletin board on Gabriola Island that is accessible to the public; such bulletin board to be the same as is used by the Local Trust Committee for the posting of any scheduled Local Trust Committee meeting.

6. Conduct of Meeting a) All deliberations of the APC must take place in a meeting, and all meetings must be held in a public facility and must be open to the public. b) A quorum is the lessor of three members or 50 % of those appointed. c) The Chairperson is to convene the meeting and may adjourn the meeting from time to time. d) If the APC is considering an amendment to an Official Community Plan or a bylaw, or the issue of a permit, the applicant for the amendment or permit is entitled to attend the meeting and to be heard. e) If an applicant or agent fails to appear, despite being duly notified, deliberations and recommendations may be made in the applicant’s absence. f) At the request of any APC member, the Chairperson must invite an elected official, Islands Trust staff, or member of the public present at the meeting to comment on the matters before the Commission. g) The APC must not receive development proposals or other applications directly from applicants. h) The APC must not consult directly with other government agencies or organizations. i) If the Chairperson considers that another person at the meeting is acting improperly and in a manner that is disrupting the deliberations of the APC, the Chairperson may order that person expelled from the meeting.

7. Notice of Recommendation a) If the Local Trustees did not attend an APC meeting, they may request a verbal report from the Chairperson at a subsequent meeting of the Local Trust Committee. b) All APC recommendations shall be recorded as part of the meeting minutes, and may be recorded as resolutions, provided that, where requested by any member, all dissenting opinions are also recorded.

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c) All APC recommendations and meeting minutes must be forwarded by the Secretary to the Local Trust Committee and to the Islands Trust Office, within seven (7) days of an APC meeting. d) Although the recommendations must be received by the Local Trust Committee, the Local Trust Committee is not bound by the recommendations.

8. Transition a) "Gabriola Island Local Trust Committee Advisory Planning Commission Bylaw, 2002", is repealed. b) "Gabriola Island Local Trust Committee DeCourcy Island Advisory Planning Commission Bylaw, 1996", is repealed. c) "Gabriola Island Local Trust Committee Mudge Island Advisory Planning Commission Bylaw, 1996", is repealed.

9. Citation a) This Bylaw may be cited as "Gabriola Island Local Trust Committee Advisory Planning Commission Bylaw, 2017".

READ A FIRST TIME THIS 11TH DAY OF MAY , 2017

READ A SECOND TIME THIS 11TH DAY OF MAY , 2017

READ A THIRD TIME THIS 23RD DAY OF MAY , 2017

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS

7TH DAY OF JUNE , 2017

ADOPTED THIS 8TH DAY OF JUNE , 2017

__________________________________ ___________________________________ SECRETARY CHAIRPERSON

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